1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD OCTOBER 14, 2004
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on October 14, 2004, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Showers
9 Councilpersons: Moon, Kling, Russell, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Showers called the meeting to order.
16 Minister George Coffell led the invocation; Councilman Russell
17 led the pledge of allegiance.
18 The minutes of the regular meeting of the Council on
19 September 23, 2004, and a special session of the Council on
20 October 7, 2004, were approved as submitted.
21 Mayor Spencer recognized Mr. Edwin S. Hill and read portions
22 of a resolution commending his invaluable service to Huntsville
23 and the North Alabama area upon his retirement from the Community
24 Action Agency of Huntsville/Madison & Limestone Counties. She
25 expressed appreciation for the many different roles in which he
26 had served the community throughout the years. She noted he had
27 been executive director of the Community Action Agency for the
28 past 34 years.
29 Councilman Kling read and introduced a resolution commending
30 Mr. Edwin S. Hill for his invaluable service to Huntsville and
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1 the North Alabama area upon his retirement from the Community
2 Action Agency of Huntsville/Madison & Limestone Counties, as
3 follows:
4 (RESOLUTION NO. 04-805)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 Mr. Hill expressed appreciation for the recognition. He
9 stated he was pleased to have been able to be involved in the
10 many changes that had occurred in the community over the years.
11 He stated he would continue to do all he could to improve the
12 quality of life for all persons living in Huntsville and Madison
13 and Limestone counties.
14 President Showers stated he had done his student teaching at
15 a school where Mr. Hill was principal and that Mr. Hill had been
16 a humanitarian to all people from that date to the current date.
17 Councilman Kling stated Mr. Hill had certainly done a
18 wonderful job and it had been a privilege to work with him.
19 President Showers thanked Ms. Becky Pierce for the meal
20 provided earlier and for the Halloween favors.
21 Councilman Kling stated the Council had on its agenda for
22 this meeting the passing of the budget for the upcoming fiscal
23 year. He stated, however, there was one component that would be
24 taken up that was not listed on the agenda. He stated this
25 concerned the employees cost-of-living pay raise.
26 President Showers stated the next item on the agenda was
0003
1 Public Hearings to be held.
2 President Showers stated it was the time and place in the
3 meeting for a public hearing on Ordinance No. 07-718, to rezone
4 land lying generally on the south side of Four Mile Post Road and
5 west of Bailey Cove Road from Neighborhood Business C-1 District
6 and Residence 1-A District to Residence 2-A District, which
7 hearing was set at the September 9, 2004, regular Council
8 meeting.
9 President Showers recognized Ms. Lisa Leddo of the Planning
10 Department.
11 Ms. Leddo stated this concerned the rezoning of
12 approximately 22.03 acres of land which was currently zoned as
13 Neighborhood Business C-1 District and Residence 1-A District.
14 She stated Neighborhood Business C-1 District allowed smaller
15 scale retail sales and services and Residence 1-A District
16 allowed single-family homes, churches, and similar places of
17 worship. She stated the proposed zoning change would be to
18 Residence 2-A District, which she stated allowed single-family
19 homes, duplexes, zero-lot-line homes, patio homes, town homes,
20 and apartments, as well as churches and other places of worship.
21 She stated a public hearing had been held on this matter at the
22 Planning Commission and the Planning Commission had recommended
23 approval of the request for rezoning.
24 President Showers inquired as to whether there was anyone in
25 the audience who wished to speak concerning this matter.
26 Mr. John Munson appeared before the Council, stating he was
0004
1 from Atlanta, Georgia, and was a partner in New Life Homes, the
2 developer of the proposed project in the subject area. He stated
3 New Life Homes was a developer of retirement communities, noting
4 they were completing one in Madison at this time, being The
5 Villas of Madison. He stated his company had researched
6 Jones Valley concerning this project and had furnished a packet
7 to each of the Council members indicating why this location had
8 been chosen and why they felt it was an opportunity for them. He
9 stated they had attempted over several years to purchase property
10 in this area from the Jones family but noted this had been a
11 fruitless effort. He stated that within a three-mile radius of
12 the subject property, 33-percent of the population was over
13 55 years of age and at this time lived in, typically,
14 higher-income, aging homes. He stated his company felt their
15 proposed community could solve several problems in the area, one
16 being to answer the need for the empty-nester homes for persons
17 who lived in the community that were 55 and above and noted this
18 would free up approximately 128 free-standing individual homes to
19 bring in new persons to the community while also being able to
20 keep the older persons within the community where they had
21 perhaps been raised and had raised their families.
22 Mr. Munson stated there had been many meetings held
23 concerning this matter, including meetings with the Valley
24 Homeowners Association. He stated they had agreed to put fencing
25 around the subject property; they had agreed to limit the
26 development to single-story homes; they had agreed to a lower
0005
1 density, being from 156 homes down to 128 homes; and they had
2 agreed that no building would contain more than four residential
3 units. He stated they had been before the Planning Commission
4 and had twice received unanimous support and had been in a public
5 hearing twice. He stated this matter had been approved and
6 referred to the Council.
7 Mr. Munson stated New Life Homes had been in this business
8 for approximately seven years and noted they had made a
9 commitment to the Huntsville area because the area was aging very
10 rapidly. He stated the biggest challenge they faced was where
11 such persons could be placed in affordable houses and kept in the
12 communities so they could live independently as long as possible.
13 Mr. Munson asked for the Council's support in the rezoning
14 of the property, noting that they committed to making the
15 community a source of special housing for special persons. He
16 stated that if the Council members voted in favor of this matter
17 at this time, they would be able to look back on the matter and
18 realize they had made a correct decision.
19 Mr. Munson stated there were two homeowners who lived
20 directly behind the property who would speak to the Council
21 later. He stated these persons were very happy to accommodate
22 his company and approved of the proposed development. He stated
23 these were persons who would be most dramatically affected by the
24 project, since they were located directly behind the property.
25 He stated the project would not increase traffic in the area and
26 if anything, it would enhance the value of the property in the
0006
1 area and keep persons who were already in the community in place.
2 Mr. Clem Cartron appeared before the Council, stating he
3 represented the seller in this matter, being a limited liability
4 company named "Fanfare." He stated Mr. Jesse Fanning had owned
5 this land with his wife, his children, and his grandchildren. He
6 stated that at this time he was asking for approval from the
7 Council for Mr. Fanning's grandchildren. He stated he had been
8 asked to write Mr. Fanning's will and had been asked to do some
9 very specific things and stated that for the past six years he
10 had tried to honor the vast authority that Mr. Fanning had placed
11 in him. He stated he had tried to do the best he could from the
12 standpoint of making sure the community would benefit from this
13 project and stated he had instilled this in Mr. Fanning's
14 grandchildren and their families. He noted this was not the only
15 offer that had been received to purchase this land. He stated
16 the owners had cared more about the community in this matter than
17 they had cared about themselves. He stated he found an irony in
18 the fact that sometimes when one tried to do exactly the right
19 thing, one might attract more substantial criticism than if it
20 were just done.
21 Mr. Cartron stated the sellers and the proposed buyer
22 respected the criticism and the views of others concerning this
23 matter. He stated he felt the real issue in this situation was
24 not what the persons he represented wanted or what the critics
25 wanted but what would be the best need and utility for a prime
26 parcel of real estate in the community.
0007
1 Mr. Cartron stated Mr. Munson had already mentioned the
2 demographics concerning this matter and noted they were certainly
3 significant. He noted that the senior persons in this community
4 desired to continue to live in the community. He noted that,
5 however, some of these persons could not, either because of
6 health or financial reasons, maintain the properties they
7 presently owned in this area.
8 Mr. Cartron stated that after considering all these matters,
9 the owners had decided New Life Homes would be the best selection
10 product to use. He stated it was for that reason they had
11 decided to look into what this builder had built in this area, in
12 Madison, being The Villas of Madison. He stated he was
13 acquainted with a person at this time who lived in The Villas of
14 Madison who would like to move into Huntsville in a similar
15 residence, such as was being proposed for this area.
16 Mr. Cartron stated persons found the southeast area of the
17 city very desirable and wanted to stay in this area as retirees.
18 He stated if there was no place for such persons to live in the
19 area, however, they would have to move, noting they could not
20 afford to keep up the maintenance of an aging home. He stated
21 this proposed development would provide an alternative for such
22 persons.
23 Mr. Cartron stated substantial changes had taken place in
24 this area in the past few years, noting there was a shopping
25 center located across from the subject land and there would soon
26 be a theater in the area. He stated there had been a sprouting
0008
1 up of "commercial crawl" in this area. He stated the owners whom
2 he represented in this matter had asked him to do everything he
3 could to eliminate the commercial atmosphere in this area. He
4 stated this project provided the means to do all these things,
5 noting it gave them the opportunity to say to the city they were
6 giving them the choice of elimination of commercial crawl and the
7 alternative of being able to provide for an exceptional group of
8 people who lived in the area at this time. He stated that at
9 this time there were more than 40 persons who had contacted the
10 developer concerning this proposed development.
11 Mr. Cartron urged the Council to support the proposed
12 rezoning.
13 Mr. Ed LaRosche, 7304 Ferncliffe, appeared before the
14 Council, stating he had lived at this address for approximately
15 15 years, noting his area was perhaps the closest area of houses
16 to the proposed project. He stated that in his neighborhood
17 there was an excellent mix of young families and older persons
18 and that they also had an excellent mix of R-1 and R-2 in the
19 neighborhood, noting they had condominiums and had Somerby for
20 retired persons. He stated the small business they now had was
21 Target and that the traffic they now had was substantial. He
22 stated there was heavy traffic in the area and it was sometimes
23 difficult to get onto Four Mile Post Road, noting there was only
24 one traffic signal, located at the fire station. He stated this
25 proposed development would add more traffic to the area.
26 Mr. LaRosche stated when he had moved into the area, he had
0009
1 known the property was zoned R-1 and had expected single-family
2 homes to be built in the area. He stated he had surveyed all the
3 persons on his street and the majority of the persons, and
4 everyone he had spoken to on Ferncliffe, were opposed to the
5 proposed development. He stated that open space would certainly
6 be nice for the area, noting they had already lost their cows.
7 He stated there was a limited amount of open space and noted that
8 this particular property was an open space. He stated that as
9 far as he was concerned, he would like to continue living with
10 the mix in his neighborhood of older persons and younger persons.
11
12 He stated that at some point he would become one of the persons
13 who supposedly wanted to move into the proposed project but that
14 he did not want to move into a quadplex, that he wanted one
15 house, with his neighbors away from him, and noted his neighbors
16 felt the same way. He stated if persons did not feel this way,
17 they could move into the existing condominiums. He stated he
18 felt the proposed project did not belong in their neighborhood,
19 noting it had not been planned for the neighborhood and would
20 devalue the property in the area.
21 Ms. Nancy Harris, 919 Tascosa Drive, appeared before the
22 Council, stating her property adjoined the subject property. She
23 stated when she and her husband had first heard about this
24 project, they, like many others, were very unhappy, stating they
25 had liked looking at the trees as they changed colors and the
26 horses that would gallop behind their house. She stated that,
27 however, realizing the owners could sell their property to
0010
1 whomever they liked, they had listened carefully to the proposed
2 plans. She stated many persons had stated they would rather have
3 single-family homes in this area but stated that after talking to
4 several developers, she had found out this was not feasible
5 because of the price of the land. She stated that with the
6 development and the cost, the money invested could not be
7 recouped.
8 Ms. Harris stated she and her husband had discussed any
9 objections they had with the purchaser and that all these
10 concerns had been satisfactorily addressed. She stated that with
11 the proposed lawn maintenance and 50-percent green space for the
12 project, it appeared to be a very good use of the land. She
13 stated she and her husband and their immediate neighbors, the
14 Marshes, supported the proposed development.
15 Mr. Larry Thomas, 2706 Trailway Road, appeared before the
16 Council, stating he was a long-time Huntsville resident who had
17 lived in Southeast Huntsville for more than 30 years. He stated
18 he was a real estate agent by profession but had no business
19 relationship with the sellers or the developer. He stated he saw
20 this was a situation where there would be no losers, that he felt
21 it was all upside for everyone involved. He stated this was a
22 very positive thing for the community and he felt the City would
23 be very remiss by not allowing this type of development to go
24 forward, in order to allow the graying population of Huntsville
25 to have this offering to fulfill their housing requirements. He
26 stated he felt it was something very much needed and that now was
0011
1 the time for it.
2 Ms. Faye Davis, 4770 Whitesburg Drive, appeared before the
3 Council, stating when she had first heard about New Life Homes,
4 she had rushed out to Madison to see what was available and that
5 she had been very thrilled with the neighborhood, noting it was
6 absolutely beautiful and that she could not believe the houses
7 were condominium houses. She stated, however, she had not wanted
8 to live in Madison, even though she was sure it was a very nice
9 place. She stated when she found out the company was going to
10 build or possibly build the same type concept in Huntsville in
11 Jones Valley, which she noted was very close to her present
12 residence, she had been thrilled about this. She stated she felt
13 this would be a wonderful thing for the community. She stated as
14 far as the concern about this project bringing more traffic into
15 the area, that she felt this type of home would more than likely
16 not attract young families with a lot of children to transport to
17 school and back. She stated also there would not be persons
18 going to work every day, where they would be rushing out in the
19 morning and going back home in the afternoon. She stated she
20 would be one of the first persons to sign up for a new home in
21 this project.
22 Mr. Wiley Davis appeared before the Council, stating he was
23 a retired government engineer. He stated he had seen The Villas
24 of Madison built by New Life Homes and was very pleased with it
25 and would have bought right on the spot if it had been in the
26 right location. He stated he was 79 years old and felt he needed
0012
1 to be near the hospital and his doctors and his church where he
2 spent so much of his time. He stated they certainly hoped they
3 would have a home in the proposed development.
4 Mr. Fan Tseng, 985 Heatherwood Drive, appeared before the
5 Council, stating his residence was located next to the Fanning
6 property. He stated he had spoken with his neighbors about this
7 matter and they were all opposed to the development. He stated
8 zoning was a contract between the City and its citizens and it
9 should not be easily broken, noting this showed the citizens
10 whether or not they could trust the City. He stated he felt in
11 this case the rezoning would hurt the property values and the
12 quality of living in the community. He stated they were not
13 speaking of only 128 units, that there would be potentially 250
14 or 400 units and noted this would certainly create problems in
15 the area.
16 Mr. Tseng requested that the Council listen to the majority
17 of the voices in making the decision on this matter.
18 Ms. Betty Ingram, 1300 Four Mile Post Road, appeared before
19 the Council, stating her family owned 20.61 acres on the west
20 side of the Fanfare property. She stated the seven family owners
21 of this 20.61 acres wanted to go on record as being opposed to
22 the rezoning of the property on their east boundary, the Fanfare
23 property. She stated the family owners would like for the zoning
24 to stay as it was at this time, R 1-A and C-1. She stated the
25 Fanfare 22 acres was the center parcel of a 64.61-acre tract on
26 the south side of Four Mile Post Road. She stated this tract had
0013
1 the only undeveloped R 1-A zoned, single-family property from
2 Four Mile Post Road south to Weatherly Road, except for the golf
3 course. She stated the frontage of the tract of land was zoned
4 C-1 and noted the C-1 property had originally been 260 feet deep.
5
6 She stated the zoning for both the R 1-A and the C-1 property had
7 been done in 1963 when the zoning ordinance of the City of
8 Huntsville was adopted, being Ordinance No. 63-93. She noted
9 this ordinance also zoned the surrounding community. She stated
10 the property to the north of the tract, from Aldridge Creek to
11 Bailey Cove had been zoned C-1, with the property to the south
12 being zoned R 1-A, being from Four Mile Post Road to Weatherly
13 Road. She stated that within 1,000 feet of the Fanfare property
14 was property that was already zoned R 2-A and 2. She noted this
15 property ran north from Four Mile Post Road to Jones Valley
16 Elementary School, with Garth Road as the west boundary. She
17 stated that with the large amount of unoccupied R 2-A and R 2
18 property so close in proximity to the Fanfare property, it would
19 not be appropriate to eliminate the only undeveloped R 1-A
20 property in the area.
21 Ms. Ingram stated when they had built their home in 1974,
22 they had been aware of the zoning and that the future plans were
23 for development of the C-1 and R 2-A property on the north side
24 of Four Mile Post Road. She stated that a 22-acre tract to the
25 east of Fanfare was developed in the 1981-84 time frame. She
26 stated that these 22 acres now contained 64 family dwellings.
27 She stated the proposed rezoning would allow 128 families on 22
0014
1 acres. She stated the citizens in the community had purchased
2 their homes based on the current zoning of this area. She stated
3 this current zoning prevented undue concentration of population.
4 She stated this was in keeping with the provisions of the first
5 zoning ordinance.
6 Ms. Ingram stated the proposed rezoning would eliminate the
7 market demand of surrounding homes in the community and could
8 prevent the marketing of other undeveloped R 1-A property.
9 Ms. Ingram stated it appeared some officials were concerned
10 about the C-1-zoned property and noted the trend was to eliminate
11 C-1 property. She stated the small amount of C-1 property on
12 this tract of land was not a threat to the community. She stated
13 the original zoning for the C-1 property had been 260 feet from
14 the center of Four Mile Post Road. She noted this was in 1963
15 when the road was a two-lane road. She stated the current road
16 was a three-lane road. She stated the property for the road and
17 the shoulder had come from the 260 feet, leaving the C-1 property
18 to be only 220 feet deep. She stated with the current commercial
19 property development in the valley, this small area was not a
20 threat to the community. She stated the commercial zoning had
21 been used many times as a factor to try to convince the community
22 the condos were the right thing for the Fanfare property. She
23 stated that her family, as well as the majority of the community,
24 wanted to keep the R 1-A zoning in place, that they did not want
25 to lose the single-family status to condos. She stated they
26 could live with the development of the small business frontage on
0015
1 Four Mile Post. She stated she had attended all the known
2 meetings of the city, as well as most of the developer's
3 meetings, about this issue. She stated the rationale used at
4 some of these meetings had been disappointing and that
5 information presented by members of the community had fallen on
6 deaf ears. She stated that in one meeting she had attended it
7 had been stated the subject property had been zoned as it was
8 zoned at this time since 1968 and that nothing had been done on
9 it, so that they should change it. She stated she had informed
10 the gentleman who had stated this that the family had owned the
11 property since 1925, that it had been her grandfather's farm, and
12 that her family did not want to do anything with the property.
13 Ms. Ingram stated the final decision for the rezoning would
14 rest with the Council. She stated her family, as well as the
15 community, requested that the Council consider the community's
16 desire to keep their community single family, R 1-A.
17 Ms. Ingram stated there was a very important statement on
18 the Inspection Department's web site, stating the goals of that
19 department to protect the value and character of neighborhoods by
20 enforcement of zoning ordinances. She stated that in keeping
21 with that statement, zoning ordinances were the property owner's
22 insurance policy for safeguarding their community value and their
23 personal investments. She stated the landowners of the community
24 were requesting their insurance policy, that the present zoning
25 be continued.
26 Mr. James Linderholm, 817 Olivia Avenue, appeared before the
0016
1 Council, stating he did not feel this was a complex issue. He
2 stated Mr. Tseng had noted that zoning was a contract with the
3 people and that Ms. Ingram had referred to it as an insurance
4 policy. He stated it was the law, that it was the plan that the
5 City set out. He stated the City had said they wanted some order
6 in how the city developed and had set out a plan. He stated it
7 was not set in stone, noting that was what hearings such as this
8 were for because things might come up that zoning might need to
9 be changed. He stated if drastic change were needed, that, for
10 example, if a new school was needed in a certain area of town and
11 there would be other changes to go along with this, the City
12 should be able to revise the plan. He stated that, however,
13 obviously other citizens had been looking at the plan and basing
14 their plans on said plan. He stated changing the plan should be
15 as a last resort, that it should not be something that was just
16 done because it could be done.
17 Mr. Linderholm stated that the argument they had heard in
18 favor of this project was there was a big demand for this type
19 property in the area. He stated he was not a realtor and could
20 not speak to this but stated that as far as he was concerned, if
21 there was a big need for properties such as this within the area,
22 that, according to the zoning plan, everything around this
23 property was already zoned R 2-A. He stated that, therefore,
24 there was plenty of 2-A property in the area ready to be
25 developed. He questioned why this particular piece of property
26 then had to be changed from R-1 to R-2. He stated the policy of
0017
1 the Council should not be to say they would do this rezoning to
2 enable this transaction to be completed. He stated there was
3 plenty of R-2 property in the area that was on the market,
4 although it might be more expensive than the subject property.
5 Mr. Linderholm stated citizens had been told the plan was
6 very good because it would get rid of a small strip of commercial
7 property. He stated they had been told that the Council members
8 had been told they should get rid of all commercial property,
9 that the people did not want any more commercial property. He
10 stated that while that was most likely true, this was a very
11 small strip of land and there were no houses around this strip,
12 that there would be no one who would be facing a new video store,
13 et cetera. He stated that the commercial strip faced the
14 proposed movie theater. He stated that, therefore, it would not
15 degrade anything. He stated he felt if the small commercial
16 strip were developed, it would not make any difference, that the
17 residential area would still be buffered by a large area of
18 residential property. He stated he did not feel this was a
19 sufficient argument for rezoning the subject property. He stated
20 that once the property was rezoned as R-2, the adjoining property
21 owners could also request that their property be rezoned to R-2
22 and noted that if the precedent had been set, it would be more
23 difficult to deny this. He stated they could not impose the
24 landscaping the subject developer had agreed to do on any future
25 developers, noting there was no mechanism for doing this. He
26 stated they had also been told if they did not accept this plan,
0018
1 something worse would come along. He stated he just did not buy
2 this at all, noting if the Council rejected this at this time and
3 someone came back with a worse plan in a few years, he felt it
4 would be easier to reject the next plan also. He stated he just
5 did not see this issue at all.
6 Mr. Linderholm stated they had been told this property could
7 not be developed for single-family housing but noted the very end
8 of this tract of land on Four Mile Post had been developed for
9 single-family housing, noting there was an entire strip of
10 single-family housing, with a strip at the very front, which had
11 been commercial property, developed as townhouses. He stated
12 this was very satisfactory for all the people in the area.
13 Mr. Linderholm stated he had a petition and noted they had
14 contacted 183 persons and that of these persons 172 were opposed
15 to the rezoning. He stated they also had maps of this area. He
16 stated that considering the number opposed to this, he was not
17 impressed with the fact that some persons wanted to put
18 condominiums in the middle of their residential area. He stated
19 the neighbors in the area were dead set against this, that they
20 did not want it to happen.
21 Mr. Wayne Sutton, 1204 Four Mile Post Road, appeared before
22 the Council, stating he was opposed to the rezoning. He stated
23 he had lived in his home for 28 years and noted that when he had
24 purchased the home there had been a cow pasture and noted they
25 had checked all the zoning and had said they would have to live
26 with the zoning. He stated they were very concerned at this time
0019
1 that they would suffer from adverse property value, based on
2 traffic flow on Four Mile Post Road. He stated there would be a
3 movie theater in the area very soon and noted this would bring a
4 tremendous amount of traffic into the area. He stated he felt
5 single-family development would help the area, noting they had
6 plenty of multiple housing at this time directly in front of his
7 property.
8 Mr. Lee Kenny, 925 Tascosa, appeared before the Council,
9 stating he owned one of the four homes that backed up to the
10 property in question. He stated he and his wife had been
11 following this process since the beginning and had had multiple
12 conversations with the developer and with their neighbors. He
13 stated they felt they were the persons who were most affected.
14 He stated he had heard a lot of arguments from persons who lived
15 in the general neighborhood. He stated no one would like to
16 continue to have the horses and the cows more than he would but
17 noted this was not practicable. He stated it was not practicable
18 now to do what was done on the end of the street 10 or 12 years
19 prior. He stated the subject piece of property was going to be
20 developed and noted it belonged to a gentleman who was trying to
21 work with the rest of the neighbors in order to make the
22 development something that would be both commercially viable and
23 palatable to the neighborhood. He stated that as one of the most
24 affected families, his wife and he would like for the Council to
25 vote to approve the rezoning and let the gentleman who owned the
26 property dispose of his property in a way that was in keeping
0020
1 with the American theory that property that belongs to a person
2 can be disposed of by such person, within reasonable guidelines,
3 in a way that would be most profitable to do so.
4 Ms. Joyce Davis, 11018 Willingham Drive, appeared before the
5 Council, stating she had been in the market for a condo or a
6 townhouse for some time and had looked all over the city and had
7 not been able to find anything in her price range and space
8 requirements. She stated she had looked at The Villas of Madison
9 and that it was absolutely beautiful and that she had fallen in
10 love with it. She stated she was on the verge of buying one in
11 that area when she had mentioned she had really rather be in
12 Huntsville and had been told about the property on Four Mile Post
13 that was possibly going to be developed. She stated she had been
14 ecstatic about this and that she certainly hoped the Council
15 would pass this rezoning so this property could be built since
16 she certainly wanted to live there.
17 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
18 Council, stating he was opposed to the rezoning because there
19 seemed to be an imbalance in the way they were growing the city.
20 He stated that part of the use of the zoning mechanism was to
21 ensure growth balance in the city. He stated Northwest
22 Huntsville was woefully lacking in growth and was the place that
23 needed to be looked at so the citizens on that side of town could
24 feel like they were being revitalized and that they were
25 important. He stated he felt that overly developing South
26 Huntsville was a gross mistake by the City. He stated that he
0021
1 entreated his councilman, President Showers of District 1, to
2 vote against this matter, in order to encourage the developer to
3 look at Northwest Huntsville as a viable place in order to grow
4 and help the citizens of that community to get involved in the
5 business community.
6 Mr. Glen Ritter, 939 Tascosa Drive, appeared before the
7 Council, stating he was very much opposed to the rezoning. He
8 stated he had expressed this previously to the Planning
9 Commission. He stated he had lived in his home for 11 years,
10 noting his home backed up to some undeveloped land, although not
11 the land in question at this time. He stated that before he had
12 invested in his home, he had determined what the zoning was for
13 the property that was undeveloped. He stated if he had found
14 this property was zoned for anything but R 1-A, he would not have
15 purchased his property. He stated he had talked to some 33 other
16 homeowners on Tascosa Drive and stated these persons felt very
17 similar to the way he felt. He stated the petition that was
18 mentioned earlier contained the names of the persons he had
19 talked to and that they had signed such petition. He stated he
20 had not talked to everyone on the street, noting he had been
21 aware that some persons who lived close to the area were in favor
22 of the rezoning. He stated it had been reported that these
23 persons had connections to the family that would be selling the
24 subject property. He stated he did not know if this was true but
25 stated perhaps they could find out about that. He stated it had
26 also been discussed that perhaps there had been some kind of deal
0022
1 that their back yards would be extended if this went through. He
2 stated he certainly would not blame these homeowners if that were
3 the case, noting they needed more room. He stated, however, that
4 regardless of this, the way he and most of his neighbors felt was
5 that if this were to pass and the development occur in their
6 neighborhood, it would make their neighborhood less desirable and
7 in the long run would hurt the community. He urged the Council
8 to disapprove of the proposed rezoning.
9 Ms. Pat Riley, 987 Gilstead Circle, appeared before the
10 Council, stating she opposed the rezoning. She stated she would
11 like single-family housing built at this location. She stated
12 she would like to see more children in the school system. She
13 stated she had been a teacher for 30 years and that she had a lot
14 of single friends who would like to buy a home in Southeast
15 Huntsville but that there were none available. She stated this
16 would be a perfect location for them.
17 Ms. Jackie Reed, 303 Jack Coleman Drive, appeared before the
18 Council, stating she did not live in the area but that her son
19 went to the Target store quite often. She stated traffic was
20 very bad in that area. She stated she felt that poor planning
21 had been going on in the city for many years and stated that when
22 the traffic was not planned for in the city and the City looked
23 only at developers, there was a problem. She stated the Planning
24 Department had been working for the developers for too many years
25 and had not been planning for the city.
26 Ms. Reed stated the next item on the agenda was a public
0023
1 hearing on an ordinance to amend the height and setback
2 requirements for multi-family buildings in Residence 2-A
3 district. She inquired as to whether that would affect the
4 proposed development for the subject property.
5 Mr. James Linderholm again appeared before the Council,
6 inquiring if the Council would like the petition he had.
7 Councilman Kling stated that the Council would accept it.
8 (SUBMISSION OF PETITION BY MR. LINDERHOLM.)
9 Mr. Linderholm stated that after a recent Council meeting
10 Councilman Russell had spoken to the news media and had stated he
11 would strongly advise persons who proposed to live next to
12 undeveloped property to look very carefully at the zoning prior
13 to purchase. He stated he wanted to advise Mr. Russell that he
14 and other residents of the area had done what he had stated and
15 had looked carefully at the zoning and had taken it into account
16 and stated that they would be upset if they had tried to follow
17 his advice and then the Council would not help them.
18 Mr. John Munson again appeared before the Council, stating
19 his company had built several communities and that theirs was a
20 relatively new market, noting that the population aging was being
21 recognized. He stated that in many cities they were looking at
22 rezoning and looking at properties that had heretofore been
23 rezoned differently to rezone them to accommodate the aging
24 population for independent living because persons were living
25 longer and were healthy, that they were not all going to assisted
26 living. He stated 65 percent of the persons they would be
0024
1 accommodating would be single, widowed, or divorced. He stated
2 they averaged one and a quarter cars with one and a quarter
3 persons per home. He stated most of the activity would be from
4 9:30 to 4:00 and that this would not affect traffic in the area.
5 He stated that their homes typically did not have a turnover of
6 more than three to five percent annually. He stated they had
7 closed over 700 homes in the last seven years and that of those
8 they had not had more than 50 resales. He stated these were very
9 stable communities and that price values increased anywhere from
10 15 to 35 percent. He stated he felt this was a market the City
11 would be challenged with for the next 25 years. He stated he
12 felt the Council had enough demographic information to more than
13 support some of the assertions he had previously made.
14 President Showers inquired as to whether there was anyone
15 else in the audience who would like to address the Council
16 concerning this matter.
17 There was no response.
18 President Showers inquired as to whether there was any
19 discussion on this item from Council members.
20 Councilman Kling stated he had received much input from the
21 public, pro and con, on this issue. He stated he understood
22 there were numerous concerns or issues that had been raised by
23 residents in the area that supposedly had been addressed in order
24 to accommodate the concerns the residents had expressed. He
25 inquired as to what concerns had been brought previously and how
26 these had been addressed.
0025
1 Mr. Munson stated that after having several meetings with
2 homeowners in the area, they had reached some agreement. He
3 stated that originally they had parceled out 156 homes, of which
4 they had two buildings of 24 homes each, three story. He stated
5 the first concern was the three-story structure and the next
6 concern was fencing. He stated they had accommodated this,
7 stating they would fence the property on all sides to create
8 privacy both for the back and the sides. He stated they had also
9 agreed to do the development 100 percent one-story. He stated
10 when they had accommodated this, the concern had been that based
11 on the zoning ordinances of the City, the proposed zoning would
12 allow apartments, up to 13 units per acre, et cetera. He stated
13 they then had inquired as to whether there was any way they could
14 do the project site specific as it had been submitted.
15 Mr. Munson stated the agreement his company had given to
16 Planning before they recommended approval was fencing on three
17 sides, the structures being limited to one story, with 128 homes.
18
19 He stated that the only thing that might change would be where
20 the retention would be. He stated that there would also be a
21 private entrance, private roads, and a guard shack out front, and
22 also a clubhouse and amenity package. He stated he felt his
23 company had answered everything the residents had requested. He
24 stated this had already been filed with the Planning Commission.
25 Mr. Lee Kenny again appeared before the Council, stating he
26 was one of the four persons whose property backed up to the
27 proposed site. He stated he had taken it upon himself after the
0026
1 first meeting concerning this matter to go to all of the four
2 homes of the people who were directly affected and put together a
3 list of concerns and things they felt had to be accommodated in
4 order for them to agree that this was a good thing for their
5 property values and for their neighborhood. He stated he had
6 taken this list to John and Steve and they had gone through it.
7 He stated this also included the accommodation of a 200-year-old
8 oak tree. He stated that in all cases Mr. Munson had worked with
9 them directly to eliminate any of their concerns. He stated they
10 felt the current property owners and the proposed developer had
11 done everything in their power to make this change and the new
12 addition to their neighborhood something that was palatable and
13 practicable for the current owners.
14 Mr. Linderholm again appeared before the Council, stating he
15 felt it was disingenuous to say the developer was addressing the
16 main concerns of the community by the landscaping. He stated
17 this was not the main concern of the community. He stated the
18 concerns were much greater than the landscaping, noting the main
19 concern was why this development was not being done across the
20 street in the 2-A zoning.
21 Councilman Watson stated it was his understanding the
22 property across the street was owned by Mr. Jones and Mr. Jones
23 did not want to sell the property, that he wanted to rent it. He
24 noted that with renting the profit motive would not be there,
25 stating the profits would be made by the person renting and not
26 the person building. He stated if one could buy property and
0027
1 build on it, that would certainly make a difference. He stated
2 this was the reason why the R-2 property across the street was
3 not even in question.
4 Councilman Watson stated there had been much objection when
5 the Target store in the area had been built but noted that at
6 this time it was the largest Target store in the southern region
7 of the United States.
8 Councilman Kling inquired of Mr. Joffrion if there was
9 anything legally that would assure that the items that had been
10 promised by the developers to the residents of the area would
11 actually occur.
12 Ms. Leddo stated that as part of the zoning request the
13 developer had submitted items which would be zoning plat
14 restrictions. She stated these would be on the plat and would be
15 part of the rezoning for the property. She stated these
16 restrictions had been noted earlier and that they were as
17 follows: That the density would be no more than an aggregate
18 total of seven units per acre; that there would be fencing on the
19 western, eastern, and southern boundaries of the property, being
20 a six-foot black nylon-coated or vinyl chainlink fence; that
21 there would be no two-story or higher buildings on the property,
22 that all buildings would be one-story in height; and that each
23 building, excluding the clubhouse, would contain no more than
24 four individually owned residential units. She stated the
25 foregoing had been offered as plat restrictions during the
26 rezoning request by Mr. Munson of New Life Homes.
0028
1 Mr. Clem Cartron again appeared before the Council, stating
2 he would like to respond to Councilman Kling's question. He
3 stated there had been one phase during the Planning Commission
4 hearing where other persons living around the area voiced a
5 concern about apartments being built on this particular property.
6
7 He stated this had never been the intent. He stated he wanted to
8 stress to the Council that C-1 would permit apartments to be
9 built on the front portion of this property. He stated, however,
10 this had never been the schematic nor the purpose and stated he
11 would guarantee the Council it would go into the deed that the
12 developer would not build apartments if the rezoning were
13 approved.
14 Councilman Watson moved for approval of Ordinance
15 No. 04-718, rezoning land lying generally on the south side of
16 Four Mile Post Road and west of Bailey Cove Road from
17 Neighborhood Business C-1 District and Residence 1-A District to
18 Residence 2-A District, which was introduced at the September 9,
19 2004, Regular Council Meeting, as follows:
20 (ORDINANCE NO. 04-718)
21 Said motion was duly seconded by Councilman Kling.
22 Councilman Russell stated he had met with many citizens on
23 both sides of this issue and stated he was going to abstain from
24 voting on this matter on advice of legal counsel. He stated
25 several constituents had brought it to his attention that he had
26 a family member who worked for a local real estate company that
27 could be involved in the sale of the proposed property. He
0029
1 stated he did not believe he did have a conflict of interest but
2 since there was an appearance of conflict and several persons had
3 brought this to his attention, he would do the honorable thing
4 and abstain and not participate in the discussion.
5 Councilwoman Moon stated she had gone back and forth on this
6 issue. She stated she felt many persons would remember that in
7 the past she had not been afraid to take on large developmental
8 interests and had tried to be a voice for neighborhoods in the
9 city. She stated, however, that she felt this was a great
10 project. She stated the company had had a great track record in
11 other locales and that their developments had not caused an
12 adverse affect on property values for persons in surrounding
13 areas. She stated she was absolutely sure there was a need for
14 this type of development in the area. She stated there was much
15 R-2 zoned property in the valley but noted this was all owned by
16 Mr. Jones and that he did not sell his property. She stated she
17 had asked the Planning Department what could happen if the
18 property that was zoned Commercial stayed Commercial and had been
19 told that apartments could go into such an area. She stated this
20 had also been discussed by some persons interested in the
21 property. She stated she was told one could get approximately 30
22 to 40 apartments on the one piece of property in question. She
23 stated she believed in the proposed project and felt it was a
24 better thing than what they might get otherwise.
25 President Showers called for a roll-call vote on the above
26 ordinance, and the following vote resulted:
0030
1 AYES: Moon, Watson, Kling, Showers
2 NAYS: None
3 ABSTAIN: Russell
4 President Showers stated the ordinance had passed.
5 President Showers stated there would be a five-minute
6 recess.
7 (Recess.)
8 President Showers reconvened the meeting.
9 President Showers stated it was the time and place in the
10 meeting for a public hearing on Ordinance No. 04-720, to amend
11 the height and setback requirements for multi-family buildings in
12 Residence 2-A districts, which was set at the September 9, 2004,
13 Regular Council Meeting.
14 Ms. Leddo stated this zoning ordinance amendment would amend
15 the height and setback requirements for multi-family buildings in
16 Residence 2-A districts. She stated it would increase the
17 maximum height of apartments in Residence 2-A districts from
18 two-story and 30 feet in height to three-story and 40 feet in
19 height. She stated this was in response to an increasing demand
20 for three-story apartment buildings. She stated they were asking
21 for this amendment to the zoning ordinance in R 2-A to prevent
22 them from having to rezone properties R 2-B when there was a
23 demand for three-story buildings. She stated that R 2-B would
24 allow usages other than residential. She stated that this item
25 had been returned to the Planning Commission with a request to
26 consider increasing the setbacks for three-story or 40-foot high
0031
1 buildings. She stated they had originally submitted 70 feet as a
2 setback for such buildings. She stated it was returned to the
3 Planning Commission and that after further consideration and
4 study, they had decided that 200 feet would be preferable for
5 these three-story or 40-foot high buildings. She stated the
6 setbacks for the one-story and two-story buildings would remain
7 the same. She stated the ordinance would also clarify but not
8 change the height of apartments in Residence 2-B districts. She
9 stated the public hearing had been held on this matter at the
10 Planning Commission level and the Planning Department recommended
11 approval of the zoning ordinance amendment.
12 President Showers inquired as to whether there was anyone in
13 the audience who wished to speak concerning this matter.
14 Ms. Jackie Reed, 303 Jack Coleman Drive, appeared before the
15 Council, stating she had inquired earlier if this item would
16 affect the ordinance that had just been passed by the Council.
17 Ms. Leddo replied in the negative, stating it would not
18 affect it because that developer had restricted the height of its
19 buildings to one story.
20 Ms. Reed inquired as to why the City changed setbacks and
21 allowed additional heights on such buildings.
22 Ms. Leddo stated there was an increasing demand for a higher
23 height in apartment buildings, noting that some of this was due
24 to architectural changes, such as more gables. She stated there
25 was also an increased demand for three-story apartment buildings.
26
27 She stated that currently there could be three-story apartments
0032
1 in Residence 2-B districts only. She stated that a Residence 2-B
2 district allowed residential usages and also usages such as
3 hotels, motels, office buildings, boarding homes, and trailer
4 parks. She stated that in order to have a three-story apartment
5 building in a Residence 2-A District, persons had been requesting
6 variances from the zoning ordinance. She stated that to allow
7 these apartments that had an increase in height in a Residence
8 2-A District would prevent them from getting a request to rezone
9 property to Residence 2-B district. She stated they would allow
10 the increased height but that to mitigate this there would be an
11 increased setback from single-family districts, as well as
12 existing single-family homes in Residence 2 and 2-A districts.
13 She stated this also allowed protection for existing
14 single-family homes, while allowing the increase in height.
15 Ms. Reed stated her point was there were persons already
16 living in the area and they were then changing the zoning in
17 order for some developers to go on the land and do the very thing
18 that Ms. Leddo was speaking of. She noted the residents were not
19 informed about the different heights and what was going on. She
20 stated she felt the residents that lived in the area should be
21 advised when things such as this were being done in their
22 neighborhood.
23 Ms. Stephanie Lacey Connally, 110 Savoy Circle, appeared
24 before the Council, inquiring as to whether the amendment in
25 question pertained to the Chase Shadow subdivision. She stated
26 there was a developer who was wanting to build apartments behind
0033
1 their homes in the front of their subdivision. She inquired as
2 to whether this height and width was to help this developer put
3 two-story or three-story apartment complexes on this land.
4 Ms. Leddo stated the subject request had been submitted many
5 months prior and had nothing to do directly with the development
6 Ms. Connally had asked about. She stated that currently the
7 developer could build two-story apartment buildings in the area.
8 She stated that, also, if the amendment did pass and the
9 developer could meet the 200-foot setback from the single-family
10 homes, then the developer could build three-story buildings. She
11 stated, however, she did not feel the tract was large enough for
12 the developer to do so because of the 200-foot required setback.
13 Ms. Connally stated she agreed with that, noting she did not
14 feel the tract was actually big enough to build anything. She
15 stated she was opposed to any height or width or anything for any
16 apartments to be allowed to be taller than the current height
17 allowed. She stated she lived in Chase Shadow and that the
18 shadow was from the mountain and she did not want it to be from
19 an apartment complex.
20 Mr. Ralph Timberlake again appeared before the Council,
21 stating he understood the zoning was already set for heights. He
22 asked if when the Council had approved the zoning, as they had
23 done on the previous item, and the heights were raised, if the
24 developer would be allowed to raise the height or if it was
25 mandatory they come back to the Council if they were going to go
26 above the height.
0034
1 Councilman Watson stated it had already been stated the
2 developer was restricted by plat and noted this meant they could
3 not do this. He stated the question did not have any validity
4 because it was fixed in legal terms. He stated that what the
5 Council was discussing at this time had nothing to do with the
6 item they had just considered.
7 Mr. Timberlake requested that someone from the Planning
8 Department or Mr. Joffrion answer his question. He stated he was
9 looking for an answer from a legal viewpoint.
10 Mr. Joffrion stated that Councilman Watson had answered the
11 question correctly.
12 Mr. Timberlake inquired as to whether it was correct that
13 the developer could not go above one story without coming back
14 before the Council.
15 Mr. Joffrion stated that was correct concerning the rezoning
16 request that had just previously been considered by the Council.
17 President Showers inquired as to whether there was anyone
18 else in the audience who wished to comment on this matter.
19 There was no response.
20 Councilman Kling moved for approval of Ordinance No. 04-720,
21 to amend the height and setback requirements for multi-family
22 buildings in Residence 2-A districts.
23 Said motion was duly seconded by Councilwoman Moon.
24 Councilman Russell stated he was still not in favor of the
25 subject ordinance. He stated the matter had been sent back to
26 the Planning Commission previously and stated he was not certain
0035
1 at this time that the 200-foot setback was well reasoned. He
2 stated he had heard concerns from many of his constituents about
3 the height of buildings in the area. He stated there were
4 several areas in his district that were currently zoned R 2-A.
5 He stated he would be voting to deny the request.
6 Councilwoman Moon inquired of Councilman Russell if he would
7 consider sending the matter back to the Planning Commission or if
8 he wanted to just outright deny it.
9 Councilman Russell stated he would support a motion to send
10 the matter back to the Planning Commission.
11 Councilwoman Moon stated what was being done concerning such
12 matters at this time was zoning by variance, which she stated was
13 bad zoning. She stated the Planning Department had recognized
14 the need on the part of developers who were moving more and more
15 to three-story buildings. She stated this happened to come
16 before the Council at the same time as the proposal which they
17 had just voted on previously. She stated they had then realized
18 there was a potential with the way the amendment was first
19 written for homeowners adjacent to such properties to have a
20 three-story building in their back yards. She stated the
21 setbacks had been the conventional setbacks of 70 feet. She
22 stated she and Councilman Russell had seen the problems with this
23 in that the timing had been perfect for them to understand the
24 potential of the problem. She stated they had then asked the
25 Planning Commission to take another look at this matter and
26 stated that now they had come back with a 200-foot setback. She
0036
1 stated her concern was she had not really gone out and looked at
2 such properties and stated she really needed to do this before
3 she would be ready to vote on the matter. She stated she wanted
4 to be sure the amendment would protect homeowners in and around
5 such buildings. She stated she would like to have continued
6 discussion on this item but that she was prepared to move that
7 the matter again be sent back to the Planning Commission.
8 Councilman Watson stated he was not prepared to support the
9 amendment under any circumstances.
10 Councilman Kling stated he would support a motion to send
11 the item back to the Planning Commission.
12 Councilman Kling withdrew his motion for approval of
13 Ordinance No. 04-720; Councilwoman Moon withdrew her second.
14 Councilwoman Moon moved to send the matter back to the
15 Planning Commission.
16 Said motion was duly seconded by Councilman Watson.
17 Councilman Watson stated he would like for the Planning
18 Department to contact him concerning this matter, noting he would
19 like to understand it very well before he supported it. He
20 stated his district was very sensitive to apartments, that he was
21 very concerned about apartments in his district.
22 President Showers called for the vote on the above motion,
23 and it was unanimously approved.
24 President Showers stated the matter would be sent back to
25 the Planning Commission for further consideration.
26 President Showers stated it was the time and place in the
0037
1 meeting for a public hearing on a resolution authorizing the City
2 Clerk-Treasurer to assess the cost of abating a public nuisance
3 against certain properties.
4 Mr. Jerry Galloway stated the resolution before the
5 Council identified 20 properties in violation of the City's grass
6 and weed ordinance. He stated the owners of the property and the
7 locations were identified on Attachment A. He stated the owners
8 had received written notification they were in violation and had
9 been given the appropriate amount of time to correct the
10 violation in accordance with the ordinance. He stated each owner
11 had failed to do so and that Community Development had been
12 required to cut the properties. He stated they had done so and
13 stated that Attachment A identified the date they had had to
14 remove the excessive vegetation and the cost of such removal. He
15 stated the owners had been notified, requesting payment, and the
16 owners had failed to respond. He requested that the Council put
17 assessments against the properties to collect the costs. He
18 stated the owners had been notified of the proposed action at
19 this time.
20 President Showers inquired as to whether there was anyone in
21 the audience who wished to speak concerning this matter.
22 Mr. Ralph Timberlake again appeared before the Council,
23 stating it had come to his attention there were many persons that
24 were having their property dealt with in the manner which
25 Mr. Galloway had enumerated and that such persons did not have
26 the means to defray such costs or to keep their property in good
0038
1 repair. He requested of the Council that they look into these
2 matters before they voted in favor of such harsh and irrevocable
3 measures, to assure themselves that the citizens were not somehow
4 being deprived of their property. He stated America was a
5 country that was very strong on property owners. He stated that
6 while they wanted to achieve a balance of where the property was
7 in good repair and not a public nuisance, they did not want the
8 awesome might of the State to be insensitive and deprive such
9 persons of their property.
10 Ms. Cat Gibson, 121 Wall Haven Drive, appeared before the
11 Council, stating she was having problems with some of her
12 neighbors who were letting their grass grow high and that they
13 had rats in the back yard that were coming up and feeding on dog
14 food that was left out. She stated she could see the problem and
15 was grateful that the City took action in such matters.
16 Councilman Russell read and introduced a resolution
17 authorizing the City Clerk-Treasurer to assess the cost of
18 abating a public nuisance against certain properties, as follows:
19 (RESOLUTION NO. 04-806)
20 Councilman Russell moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 President Showers stated the next item on the agenda was
24 Public Hearings to be set.
25 Councilman Kling read and introduced a resolution to set a
26 public hearing on an ordinance to rezone land lying generally
0039
1 west of Triana Boulevard, south of Village Drive and north of
2 Redstone Arsenal from Residence 1-B District and Residence 2-A
3 District to Residence 1-B District, Residence 2-B District and
4 Neighborhood Business C-1 District, on November 23, 2004, as
5 follows:
6 (RESOLUTION NO. 04-807)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Watson,
9 and was unanimously adopted.
10 Councilman Kling read and introduced Ordinance No. 04-808,
11 rezoning land lying generally west of Triana Boulevard, south of
12 Village Drive and north of Redstone Arsenal from Residence 1-B
13 District and Residence 2-A District to Residence 1-B District,
14 Residence 2-B District and Neighborhood Business C-1 District.
15 Councilwoman Moon read and introduced a resolution to set
16 a public hearing on an ordinance to rezone land lying generally
17 north of Little Cove Road and east of McMullen Lane from
18 Residence 1-A District to Residence 2 District and Residence 2-A
19 District, on November 23, 2004, as follows:
20 (RESOLUTION NO. 04-809)
21 Councilwoman Moon moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Russell,
23 and was unanimously adopted.
24 Councilwoman Moon read and introduced Ordinance No. 04-810,
25 rezoning land lying generally north of Little Cove Road and east
26 of McMullen Lane from Residence 1-A District to Residence 2
0040
1 District and Residence 2-A District.
2 Councilwoman Moon read and introduced a resolution to set a
3 public hearing on the zoning of newly annexed land lying
4 generally on the east side of U.S. Highway 431 South and east and
5 south of Dug Hill Road as Residence 1 District and as
6 Residence 2-A District, on November 23, 2004, as follows:
7 (RESOLUTION NO. 04-811)
8 Councilwoman Moon moved for approval of the foregoing
9 revolution, which motion was duly seconded by Councilman Russell,
10 and was unanimously adopted.
11 Councilwoman Moon read and introduced Ordinance No. 04-812,
12 zoning newly annexed land lying generally on the east side of
13 U.S. Highway 431 South and east and south of Dug Hill Road as
14 Residence 1 District and as Residence 2-A District.
15 Councilwoman Moon read and introduced a resolution to set a
16 public hearing on the zoning of newly annexed land lying
17 generally on the west side of Wall Triana Highway and north of
18 East Gate Drive as Planned Industrial District, on November 23,
19 2004, as follows:
20 (RESOLUTION NO. 04-813)
21 Councilwoman Moon moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Russell,
23 and was unanimously adopted.
24 Councilwoman Moon read and introduced Ordinance No. 04-814,
25 zoning newly annexed land lying generally on the west side of
26 Wall Triana Highway and north of East Gate Drive as Planned
0041
1 Industrial District.
2 Councilwoman Moon read and introduced a resolution to set a
3 public hearing on the zoning of newly annexed land lying
4 generally at the northwest corner of U.S. Highway 72 West and
5 Balch Road as Highway Business C-4 District, on November 23,
6 2004, as follows:
7 (RESOLUTION NO. 04-815)
8 Councilwoman Moon moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Russell,
10 and was unanimously adopted.
11 Councilwoman Moon read and introduced Ordinance No. 04-816,
12 zoning newly annexed land lying generally at the northwest corner
13 of U.S. Highway 72 West and Balch Road as Highway Business C-4
14 District.
15 Councilwoman Moon read and introduced a resolution to amend
16 Resolution No. 04-760 to correct public hearing date to
17 October 28, 2004, as follows:
18 (RESOLUTION NO. 04-817)
19 Councilwoman Moon moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Russell,
21 and was unanimously adopted.
22 President Showers stated the next item on the agenda was
23 Communications from the Public.
24 Mr. Ralph Timberlake, 2117 Atkins Drive, appeared before the
25 Council, stating there was a traffic nuisance and a danger at
26 Medaris Road and the Parkway. He stated he had contacted his
0042
1 councilman about this matter and it had been addressed but he
2 stated he had recently observed another wreck at this location.
3 He stated it appeared that the shrubbery at both the north and
4 south sides on Medaris Road coming up onto the Parkway obstructed
5 the view because of the hill. He stated the turn was also very
6 narrow turning onto Medaris Road and this was causing a lot of
7 problems. He stated he was very concerned about the traffic
8 problem in this area and felt the Council should look into this
9 matter and work with the State or anyone they could in order to
10 rectify the problem at this location.
11 President Showers asked that Mr. Hatfield direct this matter
12 to the proper department.
13 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
14 Council, congratulating President Showers for having been
15 recently elected president of the Council.
16 Ms. Reed stated her grandson had celebrated his birthday at
17 Sci-Quest recently and everyone had enjoyed it tremendously. She
18 stated she felt the Council should certainly support Sci-Quest.
19 Ms. Reed stated the new roads all over the city were in a
20 mess, stating asphalt had been laid before the election all over
21 the city but the roads were a mess and winter was setting in.
22 She stated the roads had not been properly marked, had not been
23 properly paved, that there had just been asphalt dropped. She
24 stated she would like to go out with some of the inspectors and
25 inspect the work of the contractors.
26 Ms. Reed stated there was a need for reflectors on
0043
1 Bob Wallace and Triana, noting the lights were out at 9 o'clock,
2 that the City could not afford street lights.
3 Ms. Reed stated she had read in the newspaper recently that
4 there were 150 pending requests for speed tables and that this
5 would cost $650,000. She inquired as to whether this was
6 correct, noting that was more than $1500 per speed bump.
7 Ms. Reed stated the City needed to hire some police
8 officers, noting they had only hired five new police officers and
9 four administrators in the budget. She stated they had been
10 short 25 to 35 police officers in the city for the prior 8 to 12
11 years. She stated they needed to be giving tickets to the
12 speeders, that they needed to stop the speeders. She stated they
13 could not put speed bumps on all the roads where persons were
14 speeding and not obeying traffic signals. She stated the Council
15 needed to put the money into the city to try to protect the lives
16 of the citizens. She stated she knew they were building a hotel
17 and that she felt the City had its priorities out of order, that
18 it seemed that downtown was more important than getting policemen
19 on the streets of the city and putting the budget money where it
20 belonged.
21 Ms. Reed stated she saw developers coming to the City
22 wanting more and more.
23 Ms. Reed stated she had heard that the police department had
24 been cut half a million dollars. She stated if this were true,
25 the Council needed to do some thinking about hiring more police
26 officers.
0044
1 Councilman Kling stated, concerning the speed humps, it was
2 an average of approximately $4,000 per street, noting this was
3 not for one speed hump but it might be for two, three, or four
4 speed humps on one street. He stated they averaged out to a cost
5 of about $4200 per street.
6 Ms. Cat Gibson, 121 Wall Haven Drive, appeared before the
7 Council, stating she was appearing for her mother, who lived at
8 3807 Pinedale Drive. She stated that the item she was concerned
9 with was Item 15.o on the agenda. She stated she had been asked
10 to sign in to speak and inquired as to whether she still needed
11 to do so. She stated she was present if anyone had any questions
12 for her.
13 Councilman Watson inquired if 15.o on the agenda could be
14 taken out of order at this time.
15 President Showers stated the Council would consider 15.o on
16 the agenda at this time.
17 Councilwoman Moon read and introduced a resolution
18 authorizing the City Attorney to settle the claim of
19 Katie Gibson, Claim No. 01-152, as follows:
20 (RESOLUTION NO. 04-818)
21 Councilwoman Moon moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson.
23 Councilman Watson moved to amend the above resolution to add
24 an additional $293 above the settlement amount in the resolution,
25 subject to review by the City Attorney.
26 Said motion was duly seconded by Councilwoman Moon.
0045
1 Councilman Kling stated Ms. Gibson had informed him that
2 Ms. Katie Gibson had receipts and expenses that were in that
3 amount above and beyond what the City Attorney's office was
4 recommending in this matter. He stated the City Attorney's
5 office was going to verify everything and Mr. Joffrion would have
6 the authority to pay this additional amount.
7 President Showers called for the vote on the motion to
8 amend, and it was unanimously approved.
9 President Showers called for the vote on Resolution
10 No. 04-818, as amended, and it was unanimously adopted.
11 President Showers stated the next item on the agenda was
12 Huntsville Utilities Items.
13 Mr. Bill Yell of Huntsville Utilities appeared before the
14 Council and provided a brief description of the resolutions
15 concerning Huntsville Utilities.
16 Councilwoman Moon read and introduced a resolution
17 authorizing the purchase of a new mainframe server (P.R.
18 GWS091604-01), as follows:
19 (RESOLUTION NO. 04-819)
20 Councilwoman Moon moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Watson,
22 and was unanimously adopted.
23 Councilwoman Moon read and introduced a resolution
24 authorizing the installation of approximately 5,006' of 2" P.E.
25 pipe on Acken Drive, Morgan Street, Bayless Drive, and Morgan
26 Circle in Holiday Homes (W.O. 16176), as follows:
0046
1 (RESOLUTION NO. 04-820)
2 Councilwoman Moon moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Watson,
4 and was unanimously adopted.
5 Councilwoman Moon read and introduced a resolution
6 authorizing the installation of 8,732' of 2" P.E. pipe on Thurman
7 Road, Thurman Circle, Coffee Drive, Price Road, Price Circle,
8 Shaver Road, Harwood Avenue, Gesman Place, and Saturn Drive in
9 Holiday Homes (W.O. 16177), as follows:
10 (RESOLUTION NO. 04-821)
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 approximately 4,200' of 6" P.E.
16 pipe across Highway 431, South at Mile Post 324.9, then along and
17 through a 30' easement between Highway 431 and Taylor Road, then
18 along Taylor Road to Sutton Road (W.O. 16196), as follows:
19 (RESOLUTION NO. 04-822)
20 Councilwoman Moon moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Watson,
22 and was unanimously adopted.
23 Councilwoman Moon read and introduced a resolution
24 authorizing the installation of approximately 3100' of 8" ductile
25 iron water main along the west side of Bob Heath Drive and along
26 south side of Quest Drive in Research Park Development
0047
1 (W.O. 1-06788-MP04), as follows:
2 (RESOLUTION NO. 04-823)
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 President Showers stated the next item on the agenda was
7 Board Appointments to be Voted on.
8 Councilman Russell read and introduced a resolution to
9 appoint Mike Patterson to the Health Care Authority, Place 2, for
10 a partial term to expire April 12, 2005, as follows:
11 (RESOLUTION NO. 04-824)
12 Councilman Russell moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon.
14 Councilman Watson stated three good men had been nominated
15 for this position on the Health Care Authority. He stated he was
16 very pleased for Mr. Patterson to get this position even though
17 initially he had been looking at another person for the position.
18 Councilman Kling stated he certainly agreed with
19 Councilman Watson's remarks. He stated he felt the City was very
20 fortunate to have such good caliber of individuals who were
21 offering themselves for service to the community.
22 President Showers called for the vote on the above
23 resolution, and it was unanimously adopted.
24 Councilman Kling read and introduced a resolution to appoint
25 Fred Johnston to the Human Relations Commission, District 4, for
26 a partial term to expire September 8, 2006, as follows:
0048
1 (RESOLUTION NO. 04-825)
2 Councilman Kling moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Russell,
4 and was unanimously adopted.
5 President Showers read and introduced a resolution to
6 appoint Lucille Jones to the Community Development Citizens
7 Advisory Council, for a partial term to expire February 14, 2006,
8 as follows:
9 (RESOLUTION NO. 04-826)
10 President Showers moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Russell,
12 and was unanimously adopted.
13 President Showers stated the next item on the agenda was
14 Board Appointment Nominations.
15 Councilman Russell nominated Joyce H. Griffin for
16 reappointment to the Huntsville Ice Skating Complex Board of
17 Control, Position No. 5, for a term to expire November 20, 2007.
18 President Showers nominated John Ofenloch for appointment to
19 the Alabama Constitution Village/Historic Huntsville Depot Board,
20 for a partial term to expire June 26, 2006.
21 Councilwoman Moon nominated Pat McMillion for appointment to
22 the Burritt Memorial Committee, for a partial term to expire
23 October 1, 2007.
24 President Showers stated the next item on the agenda was
25 Approval of Expenditures.
26 Councilman Kling read and introduced a resolution
0049
1 authorizing the expenditures for payments, as follows:
2 (RESOLUTION NO. 04-827)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by President Showers,
5 and was unanimously adopted.
6 Councilman Kling asked to take the budget items out of order
7 on the agenda at this time.
8 President Showers stated Items 13.b. and 13.c. would be
9 considered by the Council at this time.
10 Councilman Kling stated the budget had three components and
11 that two of these components were introduced at the special
12 session of the Council in the prior week, one being the operating
13 budget and the other being the capital budget. He stated the
14 third component was the portion of the budget ordinance that
15 authorized City employee pay raises.
16 Councilman Russell moved for unanimous consent to place on
17 the agenda an ordinance amending Ordinance No. 89-79, adopted on
18 February 23, 1989, to provide that all eligible employees of the
19 City of Huntsville shall receive a 2.5 percent (2.5%)
20 cost-of-living adjustment (COLA), effective October 1, 2004.
21 Said motion was duly seconded by Councilwoman Moon.
22 President Showers called for a roll-call vote on the above
23 motion, and the following vote resulted:
24 AYES: Russell, Moon, Watson, Kling, Showers
25 NAYS: None
26 Councilman Kling read and introduced an ordinance amending
0050
1 Ordinance No. 89-79, adopted on February 23, 1989, to provide
2 that all eligible employees of the City of Huntsville shall
3 receive a 2.5 percent (2.5%) cost-of-living adjustment (COLA),
4 effective October 1, 2004, as follows:
5 (ORDINANCE NO. 04-828)
6 Councilman Russell moved that unanimous consent be given for
7 the immediate consideration of and action on said ordinance,
8 which motion was duly seconded by Councilwoman Moon, and upon
9 said motion being put to vote, the following vote resulted:
10 AYES: Russell, Moon, Watson, Kling, Showers
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 Russell thereupon moved that said ordinance be
16 finally adopted, which motion was duly seconded by Councilwoman
17 Moon, and was unanimously adopted.
18 Councilman Kling moved for approval of Budget Ordinance
19 No. 04-803, Substitute A, for the City of Huntsville for fiscal
20 year 2004-2005, which was introduced at the October 7, 2004,
21 Special Session, as follows:
22 (ORDINANCE NO. 04-803, SUBSTITUTE A)
23 Said motion was duly seconded by Councilwoman Moon.
24 Councilman Russell asked Mr. Randy Taylor to explain the
25 changes in Substitute A.
26 Mr. Randy Taylor stated that the changes in Substitute A
0051
1 were as follows: An increase in the capital improvement fund
2 budget for traffic calming in the amount of $50,000 and a
3 reduction in the budget for open-space acquisition of $50,000; a
4 decrease in the appropriation for Facility Maintenance Department
5 capital expenditures, in the amount of $50,000, and an increase
6 in the Special Appropriation to the North Alabama Science Center
7 of $50,000; an increase in the appropriation to the U.S. Space &
8 Rocket Center Foundation in the amount of $150,000, which would
9 be paid from liquor and lodging tax monies that were available in
10 the budget. He stated this needed to be a mid-year appropriation
11 because this represented expending 100 percent of the estimated
12 liquor and lodging tax. He stated there had also been some
13 discussion about conditions in the appropriation agreement that
14 had to be executed by the Council and stated this could be
15 discussed as the Council desired.
16 Mr. Randy Taylor stated there had been no other changes to
17 the operating budget but he would comment on items that had been
18 discussed and were of interest to the Council and had the
19 Council's informal support. He stated they had decided the
20 year-end carryover money discussion that would take place in the
21 near future would address these items. He stated he had
22 committed to the Council members that he felt there was money
23 available to do these things. He stated these were as follows:
24 a $25,000 appropriation to United Cerebral Palsy; $100,000 for
25 the Councill School project, to be appropriated from the
26 carryover funds, subject to further discussion by the City
0052
1 Council.
2 Councilwoman Moon inquired as to whether the one-time
3 $70,000 for the Opportunity Center was part of the list for
4 carryover funds.
5 Mr. Randy Taylor stated that had been discussed but that it
6 was not an item that had been discussed in the budget work
7 session so he had not included it in the list. He stated that
8 there was that plus many other items on the carryover list.
9 Councilman Kling stated that as far as the carryover list,
10 he understood an appropriation for Cerebral Palsy was to be
11 included in that, as well as the Opportunity Center, based on
12 discussions he had had with Council members. He stated he felt
13 there was a consensus on supporting these items. He stated,
14 also, that the Council as a body was supportive of the interests
15 of individual Council members as far as landscape management
16 doing some maintenance or upkeep or upgrading on the Carmichael
17 Park property area, and also a concentration of police patrols in
18 those neighborhoods adjacent to the various rescue missions in
19 the Southwest Huntsville area. He stated these were budget
20 neutral but were priorities in which the Council as a body had
21 expressed an interest.
22 Mr. Randy Taylor stated that was his understanding.
23 President Showers stated he would like for the record to
24 reflect that the $100,000 for the Councill High School project
25 was included with the other items to be done in approximately a
26 month with monies that would be created by an overage. He stated
0053
1 several members of the Councill High alumni were in attendance at
2 the meeting and that he wanted them not to leave the meeting with
3 any confusion in their minds about the $100,000 being available.
4 He stated the Council looked forward to completing this project,
5 noting this was a historical project, that it was a legacy that
6 was cherished in the city. He stated the alumni association was
7 aggressively raising additional monies to assist in the
8 completion of the project.
9 President Showers recognized members of the alumni
10 association who were in the audience. He stated that many groups
11 that came before the Council simply requested money but
12 reiterated that this group had been aggressively raising money to
13 assist with this restoration project.
14 Councilman Watson inquired of Mr. Randy Taylor about the
15 Buffalo Soldier situation.
16 Mr. Randy Taylor stated the plans were to do this but stated
17 this did not require any changes to the budget. He stated this
18 would be accommodated with City department operating funds. He
19 stated there was an intent for the public to raise the expense
20 for the materials needed to do the project and for the City
21 departments to provide the resources to actually construct the
22 project.
23 Councilman Watson stated he and President Showers would be
24 working with some of the businesses to have them assist with this
25 project. He stated he felt it was important that this be done
26 fairly quickly in the following months.
0054
1 President Showers stated the 10th Cavalry camped in
2 Huntsville at the site where Cavalry Hill was located at this
3 time. He stated that the monument that would be erected would be
4 in honor of those soldiers who had spent some time in Huntsville
5 and had protected our great country. He stated this was a
6 mounted regiment of black soldiers. He noted the statue was
7 completed at this time and just needed to be erected.
8 President Showers called for the vote on Resolution
9 No. 04-803, Substitute A, and it was unanimously adopted.
10 Councilman Kling moved for approval of Budget Ordinance
11 No. 04-804, Substitute A, to approve the City of Huntsville
12 Capital Improvement Plan for Fiscal Years 2005 through 2014,
13 which was introduced at the October 7, 2004, Special Session, as
14 follows:
15 (RESOLUTION NO. 04-804, SUBSTITUTE A)
16 Said motion was duly seconded by Councilman Watson.
17 Mr. Randy Taylor stated the document the Council had in
18 front of it had two changes from the one that had previously been
19 introduced. He stated that the 2005 year in the Capital
20 Improvements Plan had already taken the form of an adopted budget
21 but noted that it did have a $50,000 increase in traffic calming
22 and a $50,000 reduction in open space acquisition in 2005. He
23 stated the other change in the Capital Plan was a reduction in a
24 General New Facilities line item in the Recreation category of
25 $750,000, in the year 2012, and establishing a specific line item
26 for the McDonnell Elementary School Recreation Center, which he
0055
1 stated was a facility that had been planned to be located on the
2 school campus but would be a city/school joint-use recreation
3 center for that neighborhood. He stated these were the only
4 changes to the Capital Plan from what had been discussed.
5 President Showers called for the vote on Resolution
6 No. 04-804, Substitute A, and the following vote resulted:
7 AYES: Moon, Watson, Kling, Showers
8 NAYS: Russell
9 President Showers stated the resolution had passed.
10 Councilwoman Moon commended Councilman Kling, Mr. Randy
11 Taylor, and Mayor Spencer for the hard work they had put into the
12 budget.
13 Mr. Randy Taylor stated he had intended to clarify an item
14 in the Operating Budget. He stated there had been a public
15 comment earlier about the Police Department budget being reduced
16 by $500,000. He stated the total budget for the Police
17 Department was in fact reduced by that amount but noted this had
18 included all the grant programs the Police Department operated,
19 which he stated were included in the budget the Council had just
20 adopted. He stated that in the prior year there were a
21 significant number of grants that were at that time included in
22 the Operating Budget but that in this year had been adopted at
23 separate times. He stated the Police Department actually had a
24 $283,000 increase in its operating budget. He stated that a lot
25 of this was for fuel and repairs to police vehicles. He stated
26 the Police Department had the single highest increase for all
0056
1 other items of any of the operating departments of the City.
2 President Showers stated the next item on the agenda was
3 Communications from the Mayor.
4 Mayor Spencer stated they were making a lot of headway with
5 the new tennis complex and stated they felt like, in working with
6 the Recreation and Landscape Management Department, it would be
7 to the benefit of the City to form a Huntsville Tennis Center
8 Board of Control. She stated there had been some persons who had
9 been very interested and dedicated to seeing that the complex had
10 gotten to this point and had worked quite hard and that they felt
11 their guidance in running the Center would be beneficial to the
12 city. She stated she had contacted each of the Council members
13 concerning this matter. She stated she would ask that an
14 ordinance be introduced to create the Board of Control. She
15 stated that each Council member had had an appointment and that
16 the names of the individuals and their respective terms were as
17 follows: Al Garrett, 3 years; Richard Wilson, 2 years;
18 Cynthia Streams, 1 year; Chris Welch, 3 years; Ed Ragland,
19 2 years; Bobby Davis, 1 year; and Pam Deerman, 3 years. She
20 stated that each Council member had an appointment to the Board
21 and the Mayor had two appointments.
22 Mayor Spencer thanked the Council for the adoption of the
23 budget.
24 President Showers stated the next item on the agenda was
25 Communications from Council Members.
26 Councilman Russell stated he would be holding a
0057
1 traffic-calming meeting on October 26 at 6 p.m. at Grissom High
2 School. He stated he would also be looking forward to having
3 lunch with the Student Government Association at Hampton Cove
4 Middle School on October 20th.
5 Councilwoman Moon asked Mr. Tom Cunningham to address the
6 status of the stop light at Hobbs Road and Bailey Cove Road.
7 Mr. Cunningham stated it was anticipated that work would
8 begin on this project in approximately one to two weeks.
9 Councilwoman Moon asked when the installation would be
10 complete.
11 Mr. Cunningham stated it would be approximately six weeks.
12 Councilwoman Moon expressed appreciation to Mr. Steve Abbott
13 for the work on the paving projects in South Huntsville, stating
14 that citizens certainly seemed to be appreciating this work.
15 Mr. Abbott stated the comment had been made earlier that the
16 markings were not on the streets properly. He stated many of the
17 streets that had been surfaced had had only a binder surface put
18 down, with the wearing surface to be installed at a later time.
19 He stated the marking would not be able to be completed until the
20 wearing surface was put down.
21 Councilwoman Moon stated she had been told by the Board
22 members at Ditto Landing that any assistance that could be given
23 to them would be appreciated, including any old grass-cutting
24 equipment the City might no longer be using. She stated that,
25 also, they were in need of a truck. She asked that if the City
26 had any aging vehicles or vehicles they were considering getting
0058
1 rid of, they consider Ditto Landing as a recipient of same.
2 Mr. Bruce Taylor inquired of Councilwoman Moon if she had
3 the name of a contact person on the Board that he could speak
4 with concerning this.
5 Councilman Kling stated the Council had previously planned a
6 work session to discuss the Community Development and Inspection
7 ordinances, to look at them in a positive way and see how they
8 might be able to strengthen the ordinances or what things they
9 might need to ask the State Legislature to look into. He stated
10 that meeting had been canceled because of inclement weather and
11 that he would like to ask that this again be scheduled for a work
12 session, subject to everyone's schedule, for the first Thursday
13 in November. He stated Ms. Stamper would check with the Council
14 members concerning this scheduling.
15 Councilman Kling stated he had recently had the opportunity
16 to attend a ceremony at the Fraternal Order of Eagles. He stated
17 this was a great group of people and they had a great influence
18 on the community. He stated that as they raised money, they
19 turned it back to the community. He stated that at the meeting
20 he had attended the group had presented checks to many worthy
21 organizations and enumerated the various organizations.
22 Councilman Watson stated he and Mayor Spencer had had the
23 opportunity to meet with some persons who were residents of the
24 United States from Taiwan and that the Mayor had spoken to the
25 group and had designated a day for them and that he had
26 represented the Council. He stated they had had the opportunity
0059
1 to let them know how much they appreciated them and respected
2 their country, their first home.
3 President Showers stated the next item on the agenda was
4 Unfinished Business Items for Action.
5 Councilman Watson moved for approval of Ordinance
6 No. 04-731, to amend Ordinance No. 89-79, as amended, entitled
7 the City of Huntsville Classification and Salary Plan to create
8 the position of Police Investigator, at a salary grade 14, which
9 was introduced at the September 9, 2004, Regular Council Meeting,
10 as follows:
11 (ORDINANCE NO. 04-731)
12 Said motion was duly seconded by Councilman Kling.
13 Councilwoman Moon stated there was no question that this
14 situation needed to be rectified but stated she felt they should
15 work on a unified approach to the classification system in the
16 Police Department. She stated that for that reason she would not
17 vote in favor of this item at this time.
18 President Showers called for the vote on Ordinance
19 No. 04-731, and the following vote resulted:
20 AYES: Watson, Kling, Showers
21 NAYS: Russell, Moon
22 President Showers stated the ordinance had passed.
23 Councilman Kling moved for approval of Resolution
24 No. 04-764, annexing land lying generally on the south side of
25 Hartside Road, east of Victoria Hills Drive, which was introduced
26 at the September 23, 2004, Regular Council Meeting, as follows:
0060
1 (RESOLUTION NO. 04-764)
2 Said motion was duly seconded by Councilman Watson.
3 President Showers called for the vote on the above
4 resolution, and it was unanimously adopted.
5 President Showers stated the next item on the agenda was New
6 Business Items for Introduction
7 President Showers read and introduced Ordinance No. 04-829,
8 to create and establish the City of Huntsville Tennis Center
9 Board of Control, consisting of seven members.
10 Councilman Russell read and introduced an ordinance annexing
11 land lying generally west of U.S. Highway 431 South and along the
12 Flint River, as follows:
13 (ORDINANCE NO. 04-830)
14 Councilman Russell moved that unanimous consent be given for
15 the immediate consideration of and action on said ordinance,
16 which motion was duly seconded by Councilwoman Moon, and upon
17 said motion being put to vote, the following vote resulted:
18 AYES: Russell, Moon, Watson, Kling, Showers
19 NAYS: None
20 President Showers stated that the motion for unanimous
21 consent for immediate consideration of and action on said
22 ordinance had been unanimously carried.
23 Councilman Russell thereupon moved that said ordinance be
24 finally adopted, which motion was duly seconded by
25 Councilwoman Moon.
26 Councilman Watson inquired as to why this item was being
0061
1 acted upon at this time.
2 Ms. Leddo stated there was a proposed development of a large
3 parcel of property and the developers wanted to develop this as
4 soon as possible.
5 President Showers called for the vote on the above
6 ordinance, and it was unanimously adopted.
7 Councilman Russell read and introduced an ordinance annexing
8 land lying generally on the south side of Pettus Road, on the
9 north and south sides of Harbin Road, west of Nance Road, as
10 follows:
11 (ORDINANCE NO. 04-831)
12 Councilman Russell moved that unanimous consent be given for
13 the immediate consideration of and action on said ordinance,
14 which motion was duly seconded by Councilwoman Moon, and upon
15 said motion being put to vote, the following vote resulted:
16 AYES: Russell, Moon, Watson, Kling, Showers
17 NAYS: None
18 President Showers stated that the motion for unanimous
19 consent for immediate consideration of and action on said
20 ordinance had been unanimously carried.
21 Councilman Russell thereupon moved that said ordinance be
22 finally adopted, which motion was duly seconded by
23 Councilman Watson.
24 Councilman Russell asked for an explanation of this item
25 from the Planning Department.
26 Ms. Leddo stated that there were persons who wished to speak
0062
1 concerning this annexation.
2 Mr. Leroy McCrary appeared before the Council, stating he
3 was one of the owners of the development company which had the
4 100-acre tract north of Harbin Road and that he was representing
5 the other owners. He stated Ms. Nancy Baird, who had a six-acre
6 tract south of Harbin Road, was also present. He stated he and
7 his family had annexed several hundred acres into the city in the
8 last few decades and had been friends of the City. He stated
9 that recently he had annexed the corner of County Line Road and
10 Highway 72 into the city. He stated he was pleased to announce
11 that for some of the land that had been annexed in the '80s when
12 Huntsville had had the brilliant insight to get the corridor,
13 they had just signed a long-term lease with Outback Steak House.
14 Mr. McCrary stated the subject property was approximately
15 two miles north of Highway 72 and stated they were excited to
16 have it annexed into the city.
17 Mr. Dallas Fanning stated this was a proposed residential
18 development tract and stated they needed sewer service and noted
19 the sewer was across the street from this property. He stated
20 they were coming into the city for several reasons, including the
21 fact that new schools were being built in the area, the sewer,
22 and police and fire protection. He stated the property had to be
23 annexed before the developer could come to the Planning
24 Commission to receive authority to construct the houses.
25 President Showers called for the vote on Ordinance
26 No. 04-831, and it was unanimously adopted.
0063
1 President Showers stated the next item on the agenda was New
2 Business Items for Consideration or Action.
3 Councilman Watson read and introduced a resolution
4 rescheduling the regular meeting of the Council of November 11,
5 2004, to Tuesday, November 9, 2004; the regular meeting of the
6 Council of November 25, 2004, to November 23, 2004; and the
7 regular meeting of the Council of December 23, 2004, to
8 December 16, 2004, as follows:
9 (RESOLUTION NO. 04-832)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into a lease agreement between the
15 City of Huntsville and Valley Planet, Inc., for a portion of the
16 Central City Parking Garage, as follows:
17 (RESOLUTION NO. 04-833)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance
22 concerning maintenance of common areas, as follows:
23 (ORDINANCE NO. 04-834)
24 Councilman Watson moved for approval of the foregoing
25 ordinance, which motion was duly seconded by Councilman Kling,
26 and was unanimously adopted.
0064
1 Councilman Watson read and introduced a resolution
2 authorizing the issuance of advance travel funds for Huntsville
3 Fire & Rescue, as follows:
4 (RESOLUTION NO. 04-835)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the low bidders meeting specifications as outlined in
10 the attached Summary of Bids for Acceptance, as follows:
11 (RESOLUTION NO. 04-836)
12 Councilman Watson moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 Councilman Watson read and introduced an ordinance declaring
16 certain equipment surplus and to be sold, as follows:
17 (ORDINANCE NO. 04-837)
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 Councilman Watson read and introduced an ordinance declaring
22 certain equipment attachments as surplus and to be sold, as
23 follows:
24 (ORDINANCE NO. 04-838)
25 Councilman Watson moved for approval of the foregoing
26 ordinance, which motion was duly seconded by Councilman Kling,
0065
1 and was unanimously adopted.
2 Councilman Watson moved for approval of a request for
3 authorization to advertise the position of (1) Preventive
4 Maintenance Technician and (2) Equipment Mechanic III, each at a
5 step higher than minimum if necessary, which motion was duly
6 seconded by Councilman Kling, and was unanimously approved.
7 Councilman Watson read and introduced a resolution
8 authorizing the City Attorney to settle the lawsuit entitled
9 Danielle Defreitas, et al., v. Bradley S. Carter, et al., in the
10 Circuit Court of Madison County, Alabama, Case No.
11 CV-03-2378-JPS, as follows:
12 (RESOLUTION NO. 04-839)
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 Councilman Watson read and introduced a resolution
17 authorizing the Mayor to execute the agreement with American
18 Family Life Assurance Company (AFLAC) for the provision of
19 supplemental voluntary cancer and off-the-job accident plan, as
20 follows:
21 (RESOLUTION NO. 04-840)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to amend an agreement between the City of
0066
1 Huntsville and Crisis Services of North Alabama, as follows:
2 (RESOLUTION NO. 04-841)
3 Councilman Watson moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Kling,
5 and was unanimously adopted.
6 Councilman Watson read and introduced a resolution
7 authorizing the Mayor to amend an agreement between the City of
8 Huntsville and the Salvation Army, as follows:
9 (RESOLUTION NO. 04-842)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into an agreement between the City
15 of Huntsville and LIFT Housing, as follows:
16 (RESOLUTION NO. 04-843)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Mayor to enter into an agreement between the City
22 of Huntsville and Pathfinder, Inc., as follows:
23 (RESOLUTION NO. 04-844)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Kling,
26 and was unanimously adopted.
0067
1 Councilman Watson moved for approval of a request for
2 authorization to advertise and fill budgeted position of Housing
3 Specialist I, Grade 11, which motion was duly seconded by
4 Councilman Kling, and was unanimously approved.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to amend the contract with DRM Utilities,
7 LLP, for Monte Sano Sewer System Improvements - Phase IIB, by
8 C.O. No. 2, and Project No. CS-010307-09-04, as follows:
9 (RESOLUTION NO. 04-845)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to amend the contract with Reed Contracting
15 Services for Paramount and University Drive Intersection
16 Improvements, by C.O. No. 1, Project No. 65-04-TI05, as follows:
17 (RESOLUTION NO. 04-846)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Kling,
20 and was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Mayor to enter into an agreement with Civil
23 Solutions, LLP, for Engineering Design Services for Flint River
24 Greenway, Phase I, Project No. 65-04-WP05, as follows:
25 (RESOLUTION NO. 04-847)
26 Councilman Watson moved for approval of the foregoing
0068
1 resolution, which motion was duly seconded by Councilman Kling,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the Mayor to enter into an agreement with Adams-Brown
5 Services, Inc., for Engineering Design Services for Broglan
6 Branch at Dry Creek, Project No. 65-04-DM59, as follows:
7 (RESOLUTION NO. 04-848)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to amend the agreement with Volkert &
13 Associates, Inc., to extend completion date of Appraisal and
14 Contract Management Services for Taylor Road/Sutton Road, to
15 June 6, 2005, Project No. STPOA-4500, as follows:
16 (RESOLUTION NO. 04-849)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Mayor to modify the agreement with Tetra Tech,
22 Inc., for additional Services for Flow Monitoring Program, by
23 Modification No. 2, Project No. 65-04-SP02, as follows:
24 (RESOLUTION NO. 04-850)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Kling,
0069
1 and was unanimously adopted.
2 Councilman Russell read and introduced a resolution
3 authorizing the Mayor to enter into an agreement between the City
4 of Huntsville and Tom Coker and Associates, as follows:
5 (RESOLUTION NO. 04-851)
6 Councilman Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Watson.
8 Councilman Kling stated that during the budget process the
9 Council had had discussion about Governors Drive and the fact
10 that it was a State road, and that, obviously, they wanted to do
11 something on it. He requested that there be a provision in the
12 resolution along the lines of asking Mr. Coker to seek assistance
13 from the State concerning the widening of Governors Drive from
14 the Parkway to California Street. He stated that he would leave
15 this wording up to Mr. Joffrion.
16 Mr. Joffrion stated that such provision had already been
17 inserted in the contract, that it was subparagraph I under No. 1.
18
19 He stated that this read as follows: "TCA will use its best
20 efforts to secure funding for the widening of Highway 431 from
21 California Street to Memorial Parkway.
22 Councilman Kling stated that evidently he had been looking
23 at a different version of the resolution but stated that if
24 Mr. Joffrion assured him it was in the final draft of the
25 resolution, that would be fine with him.
26 President Showers called for the vote on the above
27 resolution, and it was unanimously adopted.
0070
1 Councilman Russell read and introduced a resolution
2 authorizing the Mayor to enter into an agreement with the State
3 of Alabama concerning the Five Points Improvement Project, as
4 follows:
5 (RESOLUTION NO. 04-852)
6 Councilman Russell moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Kling.
8 President Showers called for the vote on the above
9 resolution, and it was unanimously adopted.
10 Councilman Kling read and introduced a resolution
11 authorizing the acceptance of donation to the City of Huntsville
12 in the amount of $100 from an anonymous contributor in
13 appreciation for the extra efforts of City employees, as follows:
14 (RESOLUTION NO. 04-853)
15 Councilman Kling moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilwoman Moon.
17 President Showers called for the vote on the foregoing
18 resolution, and it was unanimously adopted.
19 Councilman Kling read and introduced a resolution
20 authorizing the Mayor to enter into an agreement with The Spencer
21 Companies, Inc., the low bidder meeting specifications for the
22 fuel dispensing as outlined in the attached Summary of Bid for
23 Acceptance, as follows:
24 (RESOLUTION NO. 04-854)
25 Councilman Kling moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Watson.
0071
1 Councilwoman Moon asked for an explanation of the above
2 resolution.
3 Mr. Randy Taylor stated that this was a routine acceptance
4 of a bid award. He stated that this one had been pulled out from
5 the others that the Council had already approved for purposes of
6 explanation.
7 Mr. Randy Taylor stated the City purchased its fuel from
8 outside vendors, that the City no longer purchased fuel for its
9 own fueling facilities. He stated the City had been out of that
10 business for approximately 6 1/2 years. He stated they had
11 awarded the first contract, which was a three-year contract, to a
12 company called Price Oil Company in 1998. He stated that they
13 had also been the low bidder when the contract had expired and
14 was rebid in the year 2001. He stated that that contract expired
15 in 2004 and that the bid at that time had been awarded to a
16 company called Fleet One, which was the low bidder. He stated
17 that they had then begun to transition and noted that it took
18 some number of months to complete the process. He stated that
19 Huntsville Utilities also purchased fuel off this contract.
20 Mr. Randy Taylor stated that Fleet One had discovered in
21 early July that they did not meet the requirements of a
22 particular State of Alabama Department of Revenue regulation
23 concerning the ability to exempt state tax on sales to government
24 entities in Alabama. He stated that the company had applied for
25 a letter ruling from the Department of Revenue in late July to
26 see if they could qualify under a different type of arrangement
0072
1 they had proposed. He stated the Department of Revenue had
2 rejected the company's request for a ruling, which had put
3 Fleet One in the position of not being able to exempt the City
4 from State tax.
5 Mr. Randy Taylor stated that at that time, after Fleet One
6 had notified them that they would not be able to fulfill their
7 contract with them, the City promptly rebid the fuel contract.
8 He stated this was put out for bid and was done in a quick
9 turnaround, as fast as they could do it, which was two weeks. He
10 stated they had opened the bids the prior week and that
11 The Spencer Companies was the low bidder. He stated this was
12 what they were requesting the Council's approval on at this time.
13 Mr. Randy Taylor stated there had been three bidders. He
14 stated that the City paid a premium over a market bulk rate and
15 that this premium floated with the daily fuel rate. He stated
16 the high bidder had been 18 cents over the bulk rate, the next
17 bidder had been 16 1/2 cents over, and The Spencer Companies had
18 been 11 cents over. He stated that was actually 1/2 cent less
19 than they had paid the previous six years to Price Oil Company.
20 He stated The Spencer Companies was the low bidder, that they did
21 meet the specifications, and that the Council was being asked to
22 approve this.
23 Councilman Kling stated he and Councilwoman Moon were the
24 two Council members on the Finance Committee and stated they
25 recommended approval of the resolution.
26 Councilman Russell inquired as to whether there was any
0073
1 recommendation from the Legal Department concerning this item or
2 if they would be all right with the Council approving it.
3 Mr. Joffrion replied in the affirmative, stating there were
4 no legal impediments to approval of the resolution.
5 President Showers called for the vote on Resolution
6 No. 04-854, and it was unanimously adopted.
7 Councilman Russell moved for approval of a request for
8 authorization to fill the vacant, funded Legal Secretary I
9 position at a higher step within the grade if necessary, which
10 motion was duly seconded by Councilman Kling.
11 Councilman Kling requested an explanation of the request.
12 Mr. Joffrion stated that the receptionist in his department,
13 who was classified as a Legal Secretary I, had left to join
14 another department in the City on a promotion and that they now
15 had this funded vacancy and were seeking to fill it.
16 Councilman Watson stated that the reason he had held the
17 item was because he had noticed that on several of the hirings he
18 saw that quite often the language was "at a higher step within
19 the grade if necessary." He stated his concern was if there was
20 something wrong with the system that they always had to consider
21 a higher step within the grade.
22 Mr. Joffrion stated it was not always necessary to consider
23 a higher step but stated there were many times when the
24 qualifications of the applicants were such, based upon the years
25 of experience and the position itself, that it was difficult to
26 find an employee who would agree to accept the entry-level
0074
1 salary.
2 President Showers called for the vote on the motion, and it
3 was unanimously approved.
4 Councilman Kling read and introduced a resolution
5 authorizing the Mayor to enter into an agreement with the low
6 bidder, Shelby Contracting Company, Inc., for Carl T. Jones Road
7 Intersection Improvements, Project No. 65-04-TI29, as follows:
8 (RESOLUTION NO. 04-855)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Russell.
11 Mr. Cunningham stated that this item was for the
12 construction of a new signalized intersection on Carl T. Jones
13 Boulevard and, also, the removal of a traffic signal at an
14 adjacent intersection.
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 agreement with the State of
19 Alabama Department of Transportation for Federal Highway
20 Administration Funds, Project No. DESTP-AL (063), as follows:
21 (RESOLUTION NO. 04-856)
22 Councilman Russell moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilwoman Moon.
24 Mr. Randy Taylor stated this item concerned the additional
25 reimbursement to the City for the purchase of land for the
26 Federal office building. He stated this was the third of four
0075
1 installments for said reimbursement.
2 President Showers called for the vote on the above
3 resolution, and it was unanimously adopted.
4 President Showers stated the next item on the agenda was
5 Legal Department Items/Transactions.
6 President Showers stated items 16.a.2 and 16.b.1, 16.b.2,
7 and 16.b.5 had been deleted.
8 Councilman Watson read and introduced an ordinance to vacate
9 5-feet of a 10-foot Utility and Drainage Easement, The Highlands,
10 Lot 11, Plat Book 38, Page 54, as follows:
11 (ORDINANCE NO. 04-857)
12 Councilman Watson moved for approval of the foregoing
13 ordinance, which motion was duly seconded by Councilman Kling,
14 and was unanimously adopted.
15 Councilman Watson read and introduced an ordinance to vacate
16 a portion of a Utility and Drainage Easement along the northeast
17 lot line, Eastern Shore Subdivision, Lot 4, Plat Book 48,
18 Pages 20 and 21, as follows:
19 (ORDINANCE NO. 04-858)
20 Councilman Watson moved for approval of the foregoing
21 ordinance, which motion was duly seconded by Councilman Kling,
22 and was unanimously adopted.
23 Councilman Watson read and introduced an ordinance to vacate
24 two Utility and Drainage Easements between Lots 9 and 10,
25 Anderson Commercial Park, Plat Book 20, Page 84, as follows:
26 (ORDINANCE NO. 04-859)
0076
1 Councilman Watson moved for approval of the foregoing
2 ordinance, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Watson read and introduced a resolution
5 consenting to the vacation of a portion of a 15-foot alleyway
6 adjacent to Lots 10 and 11, Block 66, and Lots 7, 8 and 9,
7 Block 66, Lowe Corporation Addition, Plat Book 1, Page 166 (2606
8 and 2608 Eighth Ave; Phelps), as follows:
9 (RESOLUTION NO. 04-860)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced an ordinance
14 authorizing the vacation of a portion of a 15-foot alleyway
15 adjacent to Lots 10 and 11, Block 66, and Lots 7, 8 and 9,
16 Block 66, Lowe Corporation Addition, Plat Book 1, Page 166 (2606
17 and 2608 Eighth Ave; Phelps), as follows:
18 (ORDINANCE NO. 04-861)
19 Councilman Watson moved for approval of the foregoing
20 ordinance, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 consenting to the vacation of a portion of right-of-way and
24 utility and drainage easement along Shields Road as part of the
25 Shields Road Extension Project, as follows:
26 (RESOLUTION NO. 04-862)
0077
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Mr. Joffrion submitted the following deeds for approval:
5 (DEEDS)
6 Whereupon, Councilman Watson moved for approval of the
7 foregoing deeds, which motion was duly seconded by
8 Councilman Kling, and was unanimously approved.
9 President Showers stated the next item on the agenda was
10 Non-Roster Communications from the Public.
11 President Showers noted that in the recent City Council
12 elections held on October 7 he had been elected as President of
13 the Council, that Councilman Kling had been elected as President
14 Pro Tem, and that Councilwoman Moon had been elected Third
15 Presiding Officer.
16 President Showers stated the next item on the agenda was
17 City Council Committee Elections.
18 President Showers stated that a member of the Council shall
19 be elected by the Council to serve as its representative to the
20 City of Huntsville Planning Commission. He stated that the same
21 member shall serve as the Council's representative to the
22 Metropolitan Planning Commission.
23 Councilman Kling nominated Councilwoman Moon for the
24 Council's representative to the City of Huntsville Planning
25 Commission and the Council's representative to the Metropolitan
26 Planning Commission, which motion was duly seconded by
0078
1 Councilman Watson.
2 President Showers inquired as to whether there were any
3 other nominations for this position.
4 There was no response.
5 President Showers stated that the nominations were closed.
6 President Showers called for the vote on Councilwoman Moon
7 as the Council's representative to the Planning Commission and
8 the Council's representative to the Metropolitan Planning
9 Commission, and she was unanimously approved.
10 President Showers stated that Councilwoman Moon would
11 represent the Council on the Planning Commission and on the
12 Metropolitan Planning Commission.
13 President Showers stated that a member of the Council shall
14 be elected by the Council to serve as its representative to the
15 Research Park Board.
16 Councilman Watson nominated Councilman Russell as Council
17 representative to the Research Park Board, which motion was duly
18 seconded by Councilman Kling.
19 President Showers inquired as to whether there were other
20 nominations.
21 There was no response.
22 President Showers stated that nominations were closed.
23 President Showers called for the vote on Councilman Russell
24 as the Council's representative to the Research Park Board, and
25 he was unanimously approved.
26 President Showers stated that Councilman Russell would
0079
1 represent the Council on the Research Park Board.
2 President Showers stated that a member of the Council shall
3 be elected by the Council to serve as its representative to the
4 Historic Preservation Commission.
5 Councilman Kling nominated Councilman Russell to serve as
6 the Council's representative to the Historic Preservation
7 Committee, which motion was duly seconded by Councilman Watson.
8 President Showers inquired as to whether there were other
9 nominations.
10 There was no response.
11 President Showers stated that nominations were closed.
12 President Showers called for the vote on Mark Russell as the
13 Council's representative to the Historic Preservation Commission,
14 and he was unanimously approved.
15 President Showers stated that Councilman Russell would serve
16 as the Council's representative to the Historic Preservation
17 Commission.
18 President Showers stated there were some other committees
19 that the Council President made appointments and assignments, to
20 represent the President and the Council on other boards,
21 committees, and commissions.
22 Councilman Kling stated that although it was a presidential
23 appointment, he would like to lobby on behalf of
24 Councilman Watson to serve as Finance Chair. He stated that he
25 himself had filled this position for two years and he felt at
26 this time it was time to pass it over to a new person. He stated
0080
1 he would be willing to stay on as the Vice Chairman if
2 President Showers so desired.
3 President Showers stated he would appoint Councilman Watson
4 to serve as Chairperson of the Finance Committee and Councilman
5 Kling to serve as Vice Chairperson.
6 President Showers stated he would make the following
7 appointments to the Top of Alabama Regional Council of
8 Governments: Councilman Kling and Councilman Watson.
9 President Showers stated he would make the following
10 appointment to Operation Green Team: Councilwoman Moon.
11 President Showers stated he would make the following
12 appointment to the Advisory Commission on Accessibility:
13 Councilwoman Moon.
14 President Showers stated he would make the following
15 appointments to the City of Huntsville Insurance Committee:
16 Councilman Kling and Councilman Russell.
17 President Showers stated he would not be appointing anyone
18 to the Community Action Agency of Huntsville/Madison & Limestone
19 Counties, Inc., stating that would be made at a later time.
20 President Showers inquired as to whether there was any other
21 discussion to come before the Council.
22 There was no response.
0081
1 Upon motion, duly seconded, it was voted to adjourn.
2
3
4 ______________________________
5 PRESIDENT OF THE CITY COUNCIL
6
7 ATTEST:
8
9
10
11 ______________________________
12 CITY CLERK-TREASURER
13
14