1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD OCTOBER 23, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on October 23, 2003, at 6:10 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Russell
9 Councilpersons: Moon, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Russell called the meeting to order.
16 Councilman Showers led the invocation; President Russell led
17 the pledge of allegiance.
18 The minutes of the regular meeting of the Council on
19 October 9, 2003, were approved as submitted.
20 President Russell stated the next item on the agenda was
21 Resolutions and Special Recognitions.
22 Mayor Spencer recognized Lt. Sherry Jackson of the Police
23 Department, stating that she would speak concerning a
24 demonstration that had been conducted on weapons of mass
25 destruction.
26 Lt. Jackson stated that after the events of 9-11, the
27 Huntsville Police Department and Huntsville Fire & Rescue had
28 certainly recognized the need to be able to respond efficiently
29 and effectively to a weapons of mass destruction event in the
30 city, specifically a chemical attack, and stated that they had
0002
1 developed a plan in conjunction with HEMSI, Huntsville Hospital,
2 and Crestwood Hospital. She stated that they had invited
3 representatives from the Department of Justice to observe a mock
4 scenario of this plan being put into action, at Joe Davis
5 Stadium. She stated that approximately 100 persons participated
6 in this as citizens who were involved in the attack. She stated
7 that after the event they had been ranked third in the nation by
8 the Department of Justice for their ability to respond to a
9 weapons of mass destruction attack.
10 Lt. Jackson showed a video of the event on September 17.
11 Mayor Spencer asked Captain Wayne McFarlen of Fire & Rescue
12 to comment on what out of this program was going to be used
13 nationally.
14 Captain McFarlen stated that they had arrived at an
15 innovative and simple solution to keeping up with the number of
16 people they deconned by using pre-numbered index cards in ziplock
17 bags with the person's belongings and photographing them. He
18 stated that another aspect was the rate at which they were able
19 to run them through decon.
20 Councilman Kling Russell stated that an honorary citizen
21 certificate had been presented to Rong Chuan Wu at the Republic
22 of China Luncheon held on October 9, 2003.
23 President Russell stated the next item on the agenda was
24 Public Hearings to be Held.
25 President Russell stated it was the time and place in the
26 meeting for a public hearing on Ordinance No. 03-770, concerning
0003
1 the zoning of newly annexed land lying generally on the north
2 side of Mohawk Road and west of Taylor Road to Residence 1-A
3 District, which was set at the September 11, 2003, Council
4 meeting.
5 Ms. Marie Bostick stated this was an 1.12-acre tract of
6 newly annexed land in the Big Cove area on the west side of
7 Taylor Road and that the recommendation of the Planning
8 Commission was Residence 1-A district.
9 President Russell asked if there was anyone in the audience
10 who wished to address the Council concerning the above ordinance.
11 There was no response.
12 Councilman Watson moved for approval of Ordinance No. 03-770
13 concerning the zoning of newly annexed land lying generally on
14 the north side of Mohawk Road and west of Taylor Road to
15 Residence 1-A District, which was introduced at the September 11,
16 2003, Council meeting, as follows:
17 (ORDINANCE NO. 03-770)
18 Said motion was duly seconded by Councilwoman Moon, and was
19 unanimously adopted.
20 President Russell stated it was the time and place in the
21 meeting for a public hearing on Ordinance No. 03-772 concerning
22 the zoning of newly annexed land lying generally along Ada Drive,
23 south of Miller Lane and west of James Record Road to Residence
24 1-A District, which was set at the September 11, 2003, Council
25 meeting.
26 Ms. Bostick stated this was an 8.5-acre tract of land in the
0004
1 Big Cove area, south of Miller Lane, and that the Planning
2 Commission had recommended Residence 1-A district.
3 President Russell asked if there was anyone in the audience
4 who wished to address the Council concerning the above ordinance.
5 There was no response.
6 Councilman Kling moved for approval of Ordinance No. 03-772
7 concerning the zoning of newly annexed land lying generally along
8 Ada Drive, south of Miller Lane and west of James Record Road to
9 Residence 1-A District, which was introduced at the September 11,
10 2003, Council meeting, as follows.
11 (ORDINANCE NO. 03-772)
12 Said motion was duly seconded by Councilman Watson, and was
13 unanimously adopted.
14 President Russell stated it was the time and place in the
15 meeting for a public hearing on Ordinance No. 03-774 concerning
16 the zoning of newly annexed land lying generally on the north
17 side of U.S. Highway 72 West and on the east side of Crutcher
18 Drive to Highway Business C-4 District, which was set at the
19 September 11, 2003, Council meeting.
20 Ms. Bostick stated this was a .7-acre tract of land on the
21 north side of U.S. Highway 72, near County Line Road. She stated
22 there was an existing business on the property and that the
23 Planning Commission had recommended Highway Business C-4
24 district.
25 President Russell asked if there was anyone in the audience
26 who wished to address the Council concerning the above ordinance.
0005
1 There was no response.
2 Councilman Watson moved for approval of Ordinance No.
3 03-774, concerning the zoning of newly annexed land lying
4 generally on the north side of U.S. Highway 72 West and on the
5 east side of Crutcher Drive to Highway Business C-4 District,
6 which was introduced at the September 11, 2003, Council meeting,
7 as follows:
8 (ORDINANCE NO. 03-774)
9 Said motion was duly seconded by Councilwoman Moon.
10 Councilman Watson noted that when commercial property was
11 annexed into the city this brought revenue to the city and
12 commended the Planning Department for their work in this regard.
13 President Russell called for the vote on the above
14 ordinance, and it was unanimously adopted.
15 President Russell stated it was the time and place in the
16 meeting for a public hearing on Ordinance No. 03-776 concerning
17 the zoning of newly annexed land lying generally along the east
18 side of Brooks Circle and north of Caldwell Lane to Residence 1
19 District, which was set at the September 11, 2003, Council
20 meeting.
21 Ms. Bostick stated this was a 12.38-acre tract of land in
22 the Hampton Cove area. She stated that there were existing
23 residences on this property and that the Planning Commission had
24 recommended Highway Residence 1 district.
25 President Russell asked if there was anyone in the audience
26 who wished to address the Council concerning the above ordinance.
0006
1 There was no response.
2 Councilman Watson moved for approval of Ordinance No. 03-776
3 concerning the zoning of newly annexed land lying generally along
4 the east side of Brooks Circle and north of Caldwell Lane to
5 Residence 1 District, which was introduced at the September 11,
6 2003, Council meeting, as follows:
7 (ORDINANCE NO. 03-776)
8 Said motion was duly seconded by Councilman Kling, and was
9 unanimously adopted.
10 President Russell stated it was the time and place in the
11 meeting for a public hearing on an appeal of the City Liquor
12 License Review Committee approving a Class 1 Restaurant Liquor
13 License to Gabriel Martinez, dba Casa Blanca, at 7900 Bailey Cove
14 Road, which was set at the September 25, 2003, Council meeting.
15 Mr. Dennis Cole of the Liquor License Review Committee
16 stated that Mr. Gabriel Martinez had made application for a
17 Class 1 Restaurant liquor license on July 14, 2003, and that this
18 had gone before the Liquor License Review Committee on July 17,
19 and that after following the process and the applicant having met
20 the requirements set by the City, the Committee had approved this
21 application on September 18th.
22 President Russell asked if there was anyone in the audience
23 who wished to address this matter.
24 Mr. Brian McNew, 7710 Donegal Drive, appeared before the
25 Council, stating that as part of his presentation he had provided
26 photographs to the Council members. He stated he was the
0007
1 business manager of Jill's Studio of Dance, located at 7900-G
2 Bailey Cove Road, adjacent to the property of Mr. Martinez. He
3 spoke in opposition to the granting of a liquor license at this
4 location, citing safety issues. He stated that he had been doing
5 business in this location for approximately seven years and had
6 witnessed the revitalization of this area. He noted that he had
7 concerns about the traffic in the area and stated that it was his
8 contention that the license should be denied because of the
9 danger it would inject into a location and situation that had so
10 many pedestrian children and inexperienced teen-age drivers.
11 Mr. McNew explained the photographs he had submitted to the
12 Council members. He stated that his business currently had more
13 than 600 students, representing more than 500 families, and that
14 their business was conducted mainly between the hours of 3:30 and
15 9:00 p.m. He stated that many of the families were opposed to
16 alcohol being served directly across the parking lot from the
17 dance studio. He stated that the problem with introducing
18 alcohol into such a tight and congested area was that after an
19 alcohol-related accident occurred, it would be too late to undo
20 the consequences. He stated he felt he had an obligation on
21 behalf of his studio to protect the students.
22 Mr. McNew stated he had the signatures of more than
23 200 persons on a petition opposing the granting of the license.
24 Mr. McNew urged the Council to deny this license.
25 Mr. Dick Morrison appeared before the Council, stating he
26 was the manager of the Center at 7500 Bailey Cove and the
0008
1 representative of the owners. He stated the property had been
2 purchased in 1994 and that at that time it was in very poor
3 condition, due to gross neglect. He stated there had been a few
4 tenants but the majority of the Center was vacant and that before
5 the Center had been renovated and the police precinct had opened
6 about 100 feet from the proposed restaurant, there had been wild
7 parties in the area that disturbed the neighbors and that
8 vandalism was rampant. He stated this was not true at this time,
9 noting there were no longer horror stories about this property.
10 Mr. Morrison stated that they had seen a potential for the
11 Center, with mixed use, such as offices, medical, personal
12 services, retail, and food. He noted that it had already been
13 zoned C-1, which was appropriate for these uses. He stated that
14 the improvements to the Center had cost more than $1.5 million.
15 He stated that the location of Casa Blanca on the north end of
16 the main building had completed their first objective but that
17 they were not through. He stated they proposed to spend
18 approximately $1 million to redesign and renovate the smaller
19 buildings on the south end of the property. He stated that the
20 tenants for this property were unknown at this time but that they
21 did not want to exclude any of the uses permitted under the C-1
22 zoning. He stated that when all the requirements were met and no
23 variance had been requested, the owner should be able to depend
24 on the laws, rules, and regulations of the City. He stated there
25 would be economic impact to the Center if the established zoning
26 was arbitrarily set aside and inquired as to who would be willing
0009
1 to share in this loss with the owners of the Center. He
2 questioned whether other C-1 zoning in the city would become too
3 uncertain to attract the necessary capital for investment.
4 Mr. Morrison stated that in the mid 80's the City had set up
5 a standard for restaurant zoning. He noted that Class 1 was the
6 most restrictive class that permitted the serving of alcohol,
7 noting that there could be no live music and no live
8 entertainment, that no alcohol could be removed from the
9 premises, and that mainly food and not alcohol had to be served.
10 He stated that Class 1 had been designed for family restaurants.
11 Mr. Morrison stated they had made a thorough investigation
12 of Casa Blanca and had concluded it would be an excellent
13 addition to the Center. He stated they were a good neighbor in
14 all the communities where they currently had restaurants and they
15 would be a good neighbor at Bailey Cove.
16 Mr. Morrison stated that to solidify this relationship that
17 after visiting with the Council members, Mr. Martinez, owner of
18 Casa Blanca, and the owners of the Center had agreed to modify
19 the lease so as to prohibit the restaurant from having a Happy
20 Hour or its equivalent during the entire term of the lease.
21 He stated that from immigrant busboy to citizen owner was an
22 incredible accomplishment and stated that Gabriel Martinez and
23 his family would be good neighbors and that they were honored to
24 have them at their Center.
25 Dr. Jennie Robinson appeared before the Council, stating
26 that she represented District 3 on the Huntsville Board of
0010
1 Education. She stated she would like to share with the Council a
2 resolution that had been approved by the Board the prior week.
3 She read the resolution, which stated the Board's opposition, and
4 reasons therefor, to the granting of the liquor license for Casa
5 Blanca and encouraged the Council to create, pass, and enforce an
6 ordinance prohibiting the sale of alcohol within 500 feet of a
7 school. She stated that while protecting the safety of children
8 should never be a difficult thing, they realized that by asking
9 the Council to overturn the granting of this license, they were
10 in effect asking them to break their own laws, which placed the
11 Council members in an awkward position. She stated, however,
12 that she felt it pointed out there might be a flaw in the
13 ordinance itself. She stated that while alcohol was only
14 prohibited within 500 feet of a school if it were sold at a
15 lounge, alcohol was alcohol whether it was sold at a lounge or a
16 restaurant and that it still could be of danger to children. She
17 stated that it was the liquor and not the location at which it
18 was served that put children at risk. She asked the Council
19 members, regardless of the outcome of the current vote, to
20 consider the broader policy issue involved in this.
21 Dr. Robinson stated there had never been a restaurant that
22 had even contemplated the possibility of serving alcohol within
23 such a close proximity of students and deliberately putting them
24 at risk. She stated that she was not certain this was her
25 definition of a good neighbor. She requested that the Council
26 not only consider overturning the granting of this license but
0011
1 that they avoid a similar situation in the future by looking at
2 the ordinance and prohibiting the sale of all alcohol within
3 500 feet of a school.
4 Mr. Bob Gammons, 2430 L&N Drive, appeared before the
5 Council, stating that his law partner, Mr. Bo Harrison, and
6 himself represented the applicant, Mr. Gabriel Martinez, for Casa
7 Blanca. He stated that Mr. Harrison was distributing to the
8 Council members a pamphlet they had prepared.
9 Mr. Gammons stated he would like to introduce the persons
10 who would be operating this restaurant. He stated that
11 Mr. Martinez had come to this country from Mexico at the age of
12 17 and had worked in the restaurant business from the ground up.
13 He stated that he and his wife, Gina, had opened their first
14 restaurant in Tennessee in 1997, and that since then had opened
15 four other restaurants in Alabama. He stated that two of
16 Mr. Martinez's brothers had come to this country to assist in the
17 management and operation of these restaurants. He stated they
18 had liquor licenses in two of these restaurants and that they had
19 had no problems whatsoever. He stated they had a history of
20 running a family operation and that they had been active in their
21 communities supporting schools and civic organizations. He said
22 they expected to employ approximately 20 persons in the proposed
23 restaurant. He stated there were photographs which would
24 indicate this was a property that had been substantially
25 renovated. He stated that with the investment the owner had made
26 in the property, they would not have selected his client unless
0012
1 they felt he would run a business that would be compatible with
2 what they were attempting to do in the area.
3 Mr. Gammons stated that safety was a concern for everyone,
4 including his client. He stated that his client to date had
5 invested more than $200,000 in renovations and improvements for
6 his restaurant at this location and noted that he would be
7 foolish to jeopardize his right to continue to operate this
8 business by not exercising good oversight over the business. He
9 stated that historically in his client's restaurants where
10 alcohol had been served only 10 percent of the revenue had been
11 attributed to the sale of alcohol.
12 Mr. Gammons stated that it was a fact of life in this day
13 and age that persons who liked restaurants of this type
14 frequently would like to have a drink and that if this were not
15 available they would go elsewhere. He stated that in this area
16 all they would have to do would be to go a mile down the road to
17 other restaurants. He stated that in order to be competitive and
18 to support the investment that his clients and the owners of the
19 property had put in this property, they needed to have this
20 license. He stated they had met all the requirements for this.
21 Mr. Gammons stated he was sure that when the City had
22 adopted its zoning ordinances and the C-1 category for
23 Neighborhood Business and had not required any proximity distance
24 limitation for Class 1 restaurants, there was good reason for
25 this and that he submitted the reason was that historically
26 Class 1 restaurants had not been a problem insofar as the serving
0013
1 of alcohol was concerned. He noted that the off-premise sale of
2 beer and wine was limited in proximity, that this could not be
3 within 500 feet. He stated that the type of license they had
4 applied for was for on-premises consumption only.
5 Mr. Gammons stated, concerning the safety issue, that the
6 Huntsville Police Department South Precinct was located in this
7 Center. He stated he had spoken with the precinct captain
8 recently and had been advised that officers came and went from
9 that location 24 hours a day. He stated there were police cars
10 in the parking lot at all times. He stated there was no better
11 place for a Class 1 restaurant since they were surrounded by this
12 presence and noted they were glad to have them there.
13 Mr. Gammons stated they felt they could run a good,
14 respectable, family-type restaurant and that they simply asked
15 that the Council members recognize the terms of the City's
16 ordinance that allowed this restaurant and allow the Martinezes
17 to show the community they could do a good job and a responsible
18 job in running the restaurant.
19 Ms. Nancy Holmes appeared before the Council, stating she
20 was the PTSA president at Grissom High School. She stated that
21 the PTSA was extremely concerned about the sale and consumption
22 of alcohol at an establishment located within 500 feet of a high
23 school with an enrollment of 1,936 students. She stated they
24 were not concerned this restaurant would sell alcohol to minors
25 since it was their understanding that most restaurants were very
26 careful in this regard. She stated their concern was the mixture
0014
1 of teen-age drivers from Grissom with a person or persons who had
2 consumed alcohol at the restaurant.
3 Ms. Holmes noted that when school was dismissed in the
4 afternoon, traffic on Bailey Cove was heavy and congested. She
5 stated that a large number of students crossed Bailey Cove to be
6 picked up in the parking lot where the restaurant would be
7 located and that many student athletes trained at PRSM which was
8 located next door to the restaurant. She stated that, in
9 addition, there were more than 200 students at Grissom after
10 school, between the hours of 3:30 p.m. and 9:00 p.m., and at
11 times later, participating in extra-curricular activities.
12 Ms. Holmes stated that this mixture of a restaurant with a
13 Class 1 liquor license and a high school with this number of
14 students would result in inexperienced teen-age drivers exiting
15 the Grissom parking lot and coming head to head with a driver or
16 drivers who may have been drinking and were exiting the property
17 directly across the street. She stated that this fact created a
18 hugh safety issue for the students at Grissom.
19 Ms. Holmes stated she was sure Mr. Martinez and his family
20 had been exemplary citizens and stated this was not about that.
21 She stated that Grissom High School and its students had been
22 there since the time it had opened until this time and had been
23 good citizens too. She noted that this school had been held up
24 as the flagship school of the City's school system, stating that
25 her family had moved into the area because of the school.
26 Ms. Holmes noted that the presence of the police precinct
0015
1 had not stopped the soccer fields at Grissom from being torn up,
2 causing tens of thousands of dollars of damage. She stated that
3 the precinct was not open 24 hours a day.
4 Ms. Holmes stated that her group had some photographs they
5 were presenting to the Council. She stated she also had
6 petitions to present to them, one petitioning the Council to
7 overturn the liquor license. She stated there were a total of
8 762 names on this petition. She stated she also had a petition
9 requesting that the Council enact an ordinance that no
10 establishment could sell alcohol within 500 feet of a school.
11 She stated that this petition had a total of 699 names.
12 Ms. Holmes stated that as the PTSA, their job was to be
13 advocates for all students and stated that therefore they were
14 asking the Council to overturn the liquor license that had been
15 grated to Casa Blanca, and that in addition they were asking that
16 a zoning ordinance be established that would prohibit alcohol
17 sales within 500 feet of a school, stating this would help to
18 protect all students, both present and future. She stated that
19 as citizens of Huntsville, they had a responsibility to protect
20 the children.
21 Ms. Lisa Cole, 10005 Willow Cove, appeared before the
22 Council, stating she was the Legislative Chairperson of the
23 Grissom High School PTSA, noting she would like to address the
24 photographs that had been presented to the Council. She stated
25 they had been taken between 3:15 and 3:40 p.m. on different days
26 and from different locations on or near the school property. She
0016
1 stated, however, that pictures could not depict the pulse nor the
2 amount of activity that took place at this time of day or in the
3 activities that followed the school day. She offered an
4 explanation of each of the photographs that were presented to the
5 Council, depicting the activity in the area of the school.
6 Mr. Julie Marks, 1403 Old Carriage Lane, appeared before the
7 Council, speaking in opposition to the granting of the liquor
8 license. She stated she had a child who attended Grissom and who
9 crossed the street to work out at PRSM during the school day.
10 She stated she did not know who would be held accountable if
11 during the school day there was an accident between an
12 intoxicated driver and a student from Grissom just walking
13 through the parking lot. She stated she also had two daughters
14 who danced at Jill's and noted this was a congested area and that
15 many of the students waited on the sidewalks for their rides.
16 Ms. Marks stated that she had been advised by other business
17 owners who had been located in this Center for some time that
18 there had been other businesses that had been denied a liquor
19 license in this area, with one in particular being Village Pizza.
20 Ms. Marks stated the school was in the area first and she
21 did not feel they should have to make the sacrifice and change
22 their environment to allow alcohol to be sold in the area.
23 President Russell asked Mr. Joffrion to explain the process
24 that a business went through in obtaining a liquor license and
25 what "due process" was.
26 Mr. Joffrion stated it would be more appropriate for
0017
1 Mr. Cole to explain the application process for a business
2 license.
3 Mr. Cole stated that the applicant and the managers had to
4 go through a background check with the Police Department and the
5 ABI. He stated that they then sent the paperwork to the Zoning
6 Department and they signed off on permitted use and parking. He
7 stated the Fire Department did a fire inspection to make sure
8 things were up to Code, and that the Health Department would
9 issue a food permit when the establishment was ready to open. He
10 stated the applicant was required to deliver notices to everyone
11 located within 500 feet of the proposed establishment.
12 Councilman Watson moved to support the Liquor License Review
13 Committee's decision on the Class 1 liquor license for
14 Gabriel Martinez, dba Casa Blanca, at 7900 Bailey Cove Road,
15 which motion was duly seconded by Councilman Showers.
16 Councilman Kling asked Mr. Joffrion to explain how other
17 establishments in the area selling alcohol had been allowed.
18 Mr. Joffrion stated that the zoning permitted the sale of
19 alcohol for off-premises consumption in a C-1 zone and permitted
20 a Class 1 restaurant license. He stated this was permitted
21 without regard to how close such establishment was to a school.
22 Councilman Kling inquired as to whether one such
23 establishment had been voted down by the Council at one time.
24 Mr. Joffrion stated that that was possible but that he did
25 not have a recollection of this.
26 Mr. Joffrion stated that the Liquor License Review Committee
0018
1 had approved the license under discussion and that this had been
2 appealed to the Council. He stated that if the Council took no
3 action on this matter, the decision of the Committee would stand.
4
5 He stated there was a motion on the floor at this time, which had
6 been seconded, to uphold the decision of the Committee. He
7 stated that even if this failed, if there were no further action,
8 the decision of the Committee would stand. He stated it would
9 take an affirmative vote of three members of the Council to
10 overturn the decision of the Committee.
11 Councilman Watson stated that Mr. Martinez had already put
12 $200,000 into this restaurant and stated it was a little late for
13 the Council to tell him that this was going to be changed. He
14 questioned whether there might be some limits on the
15 establishment of such entities in the future.
16 Mr. Joffrion inquired as to whether Councilman Watson was
17 talking about a separation requirement, not to allow alcohol
18 sales within so many feet of a school.
19 Councilman Watson replied in the affirmative.
20 Mr. Joffrion stated it would be possible to amend the zoning
21 ordinance to provide this but noted the Council should keep in
22 mind that there were Class 1 restaurants and convenience stores
23 all over town which were located within 500 feet of schools. He
24 stated that these would all be grandfathered but noted there
25 might be some difficulty in the regulatory process in doing this.
26
27 He stated this would not prevent the Council from going forward
28 with an amendment to the zoning ordinance to add this distance
0019
1 requirement for the future.
2 Councilwoman Moon stated this was a very difficult vote for
3 her, noting that her child had attended Grissom and she was well
4 aware of the traffic in the area. She stated she was very
5 mindful that the vote she was about to make would have negative
6 political consequences for her. She stated that it would be very
7 easy, on the one hand, to vote to overturn the decision of the
8 Committee. She stated she understood that two previous Councils
9 had turned down liquor licenses in this location and stated that
10 in both cases the owners had been able to circumvent the
11 Council's decision, one by going to the ABC Board and the other
12 by going to court.
13 Councilwoman Moon stated she had advised Dr. Robinson she
14 would work with her in addressing this issue in the future. She
15 stated that her problem at this time was that she was being asked
16 to vote against an existing ordinance and that she had sworn to
17 uphold the ordinances. She stated this was the reason for the
18 vote she was about to make.
19 President Russell spoke against the motion, stating that the
20 way he understood it there was due process and that this was due
21 process for the persons he represented. He stated that all the
22 persons involved in the procedure of granting the license had
23 been unable to use any judgment, that they simply had to note
24 that the criteria had been met. He stated that at this time the
25 citizens were asking the Council members to use their good
26 judgment and stated that because this was a public safety issue,
0020
1 he was opposed to the issuance of this license.
2 President Russell called for the vote on the motion to
3 support the Liquor License Review Committee's decision to grant a
4 Class 1 Restaurant Liquor License to Gabriel Martinez, dba Casa
5 Blanca, and the following vote resulted:
6 AYES: Moon, Showers, Watson, Kling
7 NAYS: Russell
8 ABSENT: None
9 President Russell stated it was the time and place in the
10 meeting for a public hearing on Ordinance No. 03-720, to rezone
11 lands lying along Pulaski Pike, Bob Wade Lane, and Dr. Martin
12 Luther King, Jr. Drive to Planned Industrial, Industrial Park,
13 Highway Business C-4, Commercial Industrial Park, and Residence
14 2-A districts, which was set at the August 28, 2003, Council
15 meeting, and postponed at the October 9, 2003, Council meeting
16 until this date.
17 Ms. Bostick stated that this rezoning request focused on the
18 area of the corridor of Dr. Martin Luther King, Jr. Drive and
19 around the North Huntsville Industrial Park and that it included
20 approximately 1100 acres. She stated the Planning Commission had
21 adopted a North Huntsville Land Use Plan and that this zoning
22 recommendation was based on such plan and that it was unanimously
23 recommended by the Planning Commission.
24 President Russell asked if there was anyone in the audience
25 who would like to speak concerning this matter.
26 Ms. Jackie Reed asked if the City owned any of the subject
0021
1 land.
2 Ms. Bostick stated that the City did own a portion of the
3 property on the north side of the existing North Huntsville
4 Industrial Park that was included in the rezoning.
5 Ms. Reed inquired as to how many acres this was.
6 Ms. Bostick stated that it was roughly 300 acres or so.
7 Ms. Rebecca Cieniewiez, 341 Carter's Gin Road, appeared
8 before the Council, stating that she owned property such that her
9 house would be bordered on two sides by the Industrial Park and
10 stating that she would not like to have it rezoned as Commercial.
11
12 She stated that even if a 50-foot green space were maintained,
13 she would have an industrial park in her backyard, which she
14 stated would totally destroy her property value.
15 Mr. Dan O'Reilly, 1532 Bob Wade Lane, appeared before the
16 Council, stating that he lived diagonally acrose from the
17 existing industrial park. He asked if they really needed to make
18 the park that much bigger, stating it would stress the
19 infrastructure. He stated they were putting in a nice, big road
20 but he did not feel it would handle the size of the industrial
21 park that was being planned. He stated there were other
22 undeveloped properties in the area that were more suitable for
23 this, noting areas at Rideout and Highway 53 and an area between
24 Oakwood Road and Plummer Road.
25 Mr. O'Reilly stated it appeared they were turning everything
26 into an industrial park without first having any tenants, noting
27 this was to the detriment of residents in the area. He stated
0022
1 the existing industrial park backed up to a subdivision. He
2 stated he realized this was not in the city but that he felt they
3 should behave like good neighbors. He stated he did not feel
4 that what they had or could perceive happening in this area
5 warranted this expansion. He stated the Northwest area had
6 trouble getting services, that they had no sewer and no street
7 lights, and that he had had to appeal to the Council to get
8 water, after having been advised it was going to cost him
9 $128,000. He stated this was after the drilling for the garbage
10 dump proposed for the area where the industrial park was now
11 located. He stated the residents in this area would like to be
12 treated more like the Southeast portion of the city than they
13 were being treated at this time.
14 Mr. O'Reilly stated that persons in the area should be kept
15 informed as to issues such as this, noting that he had found out
16 about this secondhand. He proposed that this not be approved,
17 that the impact on the existing residents be examined more
18 carefully, including the subdivision that was not in the city.
19 He asked that the plan be reconsidered and that it be evaluated
20 if it were really needed, considering the existing areas that
21 were not populated and were not being used. He noted there was
22 also property around the Jetplex.
23 Mr. John Battle, Jr., appeared before the Council, stating
24 that he owned 61 acres of land located diagonally across the
25 street from the subject property, on Pulaski Pike. He stated he
26 was opposed to the Industrial zoning of his property because of
0023
1 the market value. He stated he would prefer that his property be
2 zoned Commercial and asked the Council to look into this.
3 Councilman Showers stated Mr. Battle should meet with the
4 staff at the Planning Department concerning his zoning request.
5 Councilman Showers asked Ms. Bostick to address the issue of
6 the process that was being used to communicate a zoning proposal
7 to the citizens located in and around the specific area.
8 Ms. Bostick stated that in this particular case there were
9 actually two steps in the process, that the Planning Commission
10 had first adopted the North Huntsville Land Use Plan and at that
11 point they had sent letters to all the property owners that would
12 be affected by this plan, as well as those immediately adjacent
13 to the property. She stated that they had followed this same
14 format when the public hearings were held on the zoning at the
15 Planning Commission level and they had sent letters not to the
16 entire area of North Huntsville but to at least the persons who
17 were immediately impacted by this request.
18 Councilman Showers asked if this would include only those
19 property owners that were located within 500 feet.
20 Ms. Bostick replied in the affirmative.
21 Ms. Bostick stated that, also, information was given to the
22 media in this regard.
23 Mr. O'Reilly stated that 500 feet was not very far when
24 speaking of an area of this magnitude. He stated he did not feel
25 notification should be this limited, that other persons in the
26 area would certainly be affected.
0024
1 Councilman Showers stated he would certainly look into this
2 process.
3 Mr. O'Reilly stated he would prefer that the Council not at
4 this time zone this all as Planned Industrial, stating there was
5 no need for it at this time and there were other areas that were
6 not near subdivisions. He questioned the need to rush to do
7 this, to the detriment of persons living in the area.
8 Councilman Showers stated that when the property had
9 officially been made the North Huntsville Industrial Park, many
10 persons had inquired as to what type entities would be allowed in
11 the Park and noted they had rejected some businesses. He stated
12 that Toyota had then come forward and chosen this location and
13 stated there were others who wanted to locate in this Park. He
14 stated they would not entertain anyone coming in that would
15 adversely impact the Park. He stated they believed today that
16 because of the new Northern Bypass not only commercial and
17 industrial character but residential character would be created
18 in the future. He stated that he understood persons feeling
19 threatened by the industrial character but noted they had worked
20 hard to put in place restraints to create a very friendly
21 relationship between the residential, industrial, and commercial
22 character of the property in this area.
23 Councilman Showers stated he supported having a planned
24 zoning character so they did not get into piecemealing zoning in
25 the area. He stated he believed the proposed planning was in the
26 best interest of all the land area, stating this would have a
0025
1 more positive impact on all the land owners in the area.
2 Councilman Showers moved for approval of Ordinance No.
3 03-720, rezoning lands lying along Pulaski Pike, Bob Wade Lane,
4 and Dr. Martin Luther King, Jr. Drive to Planned Industrial,
5 Industrial Park, Highway Business C-4, Commercial Industrial
6 Park, and Residence 2-A districts, which was introduced at the
7 August 28, 2003, Council meeting, and postponed at the October 9,
8 2003, Council meeting, until this date, as follows:
9 (ORDINANCE NO. 03-720)
10 Said motion was duly seconded by Councilman Kling.
11 Councilman Watson stated he disagreed with the way this was
12 set up, stating he did not feel there had been enough attention
13 paid to persons who would be affected by it, and therefore he
14 would be voting against it.
15 President Russell called for the vote on Ordinance No.
16 03-720, and the following vote resulted:
17 AYES: Moon, Showers, Kling, Russell
18 NAYS: Watson
19 ABSENT: None
20 President Russell stated it was the time and place in the
21 meeting for a public hearing on a resolution authorizing the City
22 Clerk-Treasurer to assess the cost of abating a public nuisance
23 against certain properties.
24 Mr. Jerry Galloway appeared before the Council, stating that
25 the subject resolution concerned 9 properties that had been in
26 violation of the City's grass and weed ordinance, noting that
0026
1 these properties were further identified under Attachment A by
2 the owner of record, the location of the property, the date
3 Community Development had had to take action, and the cost of
4 such action. He stated that each of the owners had received a
5 written notification that they were in violation and had been
6 given the appropriate amount of time, in accordance with the
7 ordinance, to correct the violation. He stated that each owner
8 had failed to do so and that Community Development had been
9 forced to cut the property. He stated that each owner had been
10 forwarded a bill requesting payment and had failed to pay. He
11 requested that an assessment be placed against these properties
12 to collect these costs. He stated that the owners had been
13 notified of the proposed action at this time.
14 President Russell inquired as to whether there was anyone in
15 the audience who wished to speak concerning this matter.
16 There was no response.
17 Councilman Watson read and introduced a resolution
18 authorizing the City Clerk-Treasurer to assess the cost of
19 abating a public nuisance against certain properties, as follows:
20 (RESOLUTION NO. 03-905)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 President Russell stated the next item on the agenda was
25 Communications from the Public.
26 Mr. Joe Roberts, 105 Lost Tree Drive, appeared before the
0027
1 Council, stating he was president of the Edgewater Board of
2 Directors and that he was asking for the Council's assistance in
3 preserving the quality of life in Edgewater. He stated that
4 recently there had been a request for rezoning of property to the
5 south and west of Edgewater and that he had heard negative
6 comments on this rezoning request.
7 Mr. Roberts stated that at the October meeting of the Board
8 of Directors of Edgewater, Councilman Watson, Mr. Enfinger, and a
9 representative from Breland had briefed them on a plan to develop
10 this property, noting it would be a residential area of
11 approximately 500 homes. He stated that in this plan Edgewater
12 Drive was extended into this residential area. He stated that
13 this plan had sent a shockwave and a wave of anger through the
14 Edgewater community. He stated that it would be devastating to
15 open all this traffic into Edgewater. He invited the Council
16 members and the Mayor to come out and look at Edgewater Drive and
17 see what they were talking about.
18 Mr. Roberts stated that in his discussion with members of
19 the Planning Department and persons in the community who had
20 looked into this matter it appeared that the primary driving
21 force behind this was that it was in the plan, that it had been
22 there for years. He noted that an old plan was not necessarily a
23 good plan. He asked that the Council members have open minds
24 about this and that they take a look at it to see what it would
25 do to the community.
26 Mr. Roberts stated that they had a petition with more than
0028
1 600 signatures opposing this extension of Edgewater Drive.
2 Ms. May Hudson, 106 Sugarleaf Court, Edgewater, appeared
3 before the Council, stating that they used Edgewater Drive as
4 part of their greenway, noting that they had a nice jogging path
5 around the lake and down Edgewater Drive, which was used by many
6 persons. She stated they had planted pear trees along Edgewater
7 Drive and asked the Council members to imagine what would happen
8 with four or five years of construction vehicles traveling up and
9 down this road, not to mention the damage to the street
10 specifically. She stated they paid to have the street cleaned of
11 litter and that they certainly would not want to pay for removal
12 of litter being thrown from construction trucks.
13 Mr. Robert Bijvoet, 498 Sussex Drive, Edgewater, appeared
14 before the Council, stating part of the concern about this was
15 the impact on property values. He stated they had looked for
16 several years to find a home in Edgewater, noting that one of the
17 attractions was that Edgewater Drive did not go through. He
18 stated he had heard some talk about an urban planning manual,
19 called a "Blue Book Requirement," and stated he certainly hoped
20 this was just a guideline rather than a requirement. He asked
21 that someone look into this. He noted there were several other
22 subdivisions in the city that had only one road going in. He
23 stated there would be other ways to get into the new
24 subdivisions, noting one of these would be through the Intergraph
25 area and one would be farther south on Zierdt Road. He stated he
26 felt the property values might go from Highly Desirable to So-So.
0029
1 Ms. Montie Gonterman, 106 Morland Pointe, Edgewater,
2 appeared before the Council, stating that Edgewater was located
3 1.2 miles down Zierdt Road from Madison Boulevard, in West
4 Huntsville. She stated it was a wonderful family- and children-
5 oriented bedroom community for Huntsville and Madison and that
6 she felt it was one of the most beautiful areas in the city. She
7 stated Edgewater Drive was 1.5 miles long and was heavily lined
8 with Bradford pear trees, that the road was curvy and hilly and
9 there was a 25-mile-per-hour speed zone that was heavily
10 enforced. She stated there were 10 subdivisions that channeled
11 into this one road, and that there were apartment dwellers as
12 well. She stated she had an aerial photograph to present to the
13 Council, depicting the lake, the tree-lined drives, and the close
14 proximity of the houses in the area, as well as other features in
15 the area. She stated her primary concern about this was the
16 safety of the children in the area. She stated she was also
17 concerned about maintaining the quality of life and about
18 property values. She stated she would urge the developers of
19 this property to reconsider their plans and that she would
20 respectfully ask the Planning Commission to reconsider this
21 matter. She asked Councilman Watson to support the Edgewater
22 residents in this regard and asked the Council to exert whatever
23 influence they might have on this decision-making process.
24 Mr. Chuck Martin appeared before the Council, stating that
25 Edgewater had been a premier neighborhood in the city for
26 14 years and that it had been developed as a single-entry
0030
1 community. He stated that the opening up of Edgewater Drive as a
2 pass-through would change the dynamics of the Drive, as well as
3 the community itself. He stated that there was no binding
4 requirement to require the opening of this road to the next
5 neighborhood and asked the Council and the Planning Commission to
6 discourage this opening. He stated that most of the premier
7 neighborhoods in the city were single-entry. He stated that they
8 would request that their new neighbors not damage the Edgewater
9 community but develop a well-planned and well-maintained
10 community with its own entrance. He asked the Council and the
11 Planning Commission to consider these options and protect their
12 established community.
13 (Councilman Showers is no longer in attendance at the
14 meeting.)
15 Dr. Shari Feth, 131 Lake Pointe Circle, Edgewater, appeared
16 before the Council, stating that Edgewater was one of the premier
17 communities in the city and that she had chosen to live there
18 because of the tranquility and because of the road in question
19 that did not continue on. She invited the Council members to
20 come out and see the community, the children on bicycles, the
21 number of persons walking, et cetera. She stated that the road
22 was their greenway and not a throughway and that they would like
23 to keep it that way. She stated that the noise, dust, and
24 traffic they would have during any development, which she stated
25 was expected to continue for seven years, would create problems
26 not conducive to a peaceful neighborhood. She challenged the
0031
1 Planning Commission to "think outside the box" and find another
2 way to meet whatever requirements there might be, in order to
3 assure that the Edgewater community remain as it had been since
4 its inception. She stated that members of the Edgewater
5 community would certainly like to work with them on this in any
6 way they could.
7 Councilman Watson stated he would like to explain how the
8 system worked. He stated that the Planning Commission was
9 comprised of citizens from the community, selected by the mayor;
10 the mayor's assistant; a member of the City's Recreation
11 Department; and Councilwoman Moon. He stated that the Commission
12 made the decision on issues such as the one being discussed and
13 that the Council could not override any such decision. He stated
14 that the Council members could express their concerns to the
15 members of the Commission and they could also talk to the
16 developers and ask them to look for an alternate entranceway and
17 they could also talk to the Mayor about the situation. He stated
18 he would certainly do everything in his power to make sure that
19 the road was never extended, noting it would be a travesty to see
20 a beautiful community hurt in this manner. He stated that the
21 residents of the area would be advised when the Planning
22 Commission met concerning any action in this regard.
23 Councilwoman Moon stated she had recently rejoined the
24 Planning Commission. She asked Ms. Bostick to keep her informed
25 of anything that had to do with this particular issue. She
26 stated that what would have to happen in this matter was that the
0032
1 Planning Commission would have to go back on the plan and stated
2 this was not an easy thing to get the Commission to do. She
3 urged the citizens to use whatever leverage they had, noting that
4 she felt they had made an eloquent case and that she was
5 certainly sympathetic with them on this matter.
6 Mr. Roberts stated he would challenge the idea that 15 years
7 prior some person or commission had put a plan together that
8 stubbed out Edgewater Drive and somehow it was etched in stone,
9 that it was a good decision, and that once a plan was there it
10 was forever there. He stated that things developed and at this
11 time there was a different situation and a different view.
12 Mr. Thomas Piff, 11314 Dellcrest Drive, appeared before the
13 Council, stating he wanted to speak concerning the Big Spring
14 building proposal. He stated that like Electric Avenue this was
15 being handled with little public input. He stated that
16 fortunately Electric Avenue had not been developed and stated
17 that this should have served as a wake-up call.
18 Mr. Pitt stated he liked the idea of improving the downtown
19 area and making the city grow and that he was in agreement with
20 the new hotel to be constructed in the area. He stated that,
21 however, the proposed office building was to be constructed
22 directly in the park, which he stated was the jewel of the city.
23 He stated that it they were going to let someone exploit it
24 privately, then why not let it go to the highest bidder. He
25 stated that this building as proposed would cost only $150 a
26 square foot and stated that matchstick houses cost 90 to $100 a
0033
1 square foot to build. He stated that the building would be a lot
2 nicer if it were set farther back, so as not to impose so much on
3 the open space. He urged the Council to preserve the legacy of
4 the park for future generations.
5 Councilman Watson stated that the air rights to the area
6 were owned by Mr. Hudson at this time.
7 Ms. Beth Sibley, 120 Westbury Drive, appeared before the
8 Council, speaking in opposition to the proposed office building
9 in the park. She stated she had spent her childhood playing in
10 the park and that she would like to see it preserved. She stated
11 that the proposed building would certainly distract from the
12 openness of the park. She stated she felt there were many other
13 areas in the downtown area for this development. She stated she
14 felt the beautiful park in the middle of the concrete and steel
15 added to the city's uniqueness and urged the Council and the
16 Mayor to consider this matter carefully.
17 Ms. Brenda Wagner appeared before the Council, stating that
18 she was appearing to speak on behalf of her grandchildren in
19 asking that the park be preserved. She stated there were not
20 many cities that had a beautiful downtown park like the one in
21 Huntsville and that it should certainly remain as it was at this
22 time and not be commercialized. She stated if this were allowed
23 that eventually there would be no more green space in the area.
24 She urged the Council not to approve this building.
25 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
26 Council, stating there was a rumor that the Aquatic Center would
0034
1 be affected by the building of the new hotel. She stated that
2 she had also heard a rumor that the DARE police officers were
3 moving from Fiber Street and that this location would be given to
4 the hotel developers. She asked if this was correct.
5 Ms. Reed stated that the citizens really did not know what
6 was going on concerning the hotel deal. She stated there was a
7 riverwalk and not a greenway and not a flood mitigation program.
8 Ms. Reed stated she felt there should be more public
9 hearings concerning the office building being proposed for the
10 park, stating she felt more people wanted to get involved in
11 this. She stated she had concerns about the Master Plan and what
12 was contained in it. She stated the City should get its air
13 rights for the area back from Mr. Hudson. She stated she felt
14 too much City land was being given away too quickly.
15 Ms. Reed urged the Council to carefully consider the matter
16 of the building in the park and to make the public aware of what
17 was occurring in this regard.
18 Councilman Kling inquired as to how the Aquatic Center would
19 be affected by the proposed project.
20 Mr. Joffrion stated there would be no impact to the Aquatic
21 Center itself but that there would be some impact to the parking
22 lot in front of it.
23 Ms. Margaret Anne Goldsmith, 231 East Side Square, The
24 Schiffman Building, appeared before the Council, speaking in
25 opposition to the proposed office building in the park. She
26 stated that more Class A space would detract from the existing
0035
1 Class B space, which she stated included all the older buildings
2 in the downtown area.
3 Ms. Goldsmith suggested that before the Council allowed the
4 building of more Class A space they should take some action to
5 help the property owners improve the Class B space. She stated
6 that while the Class A space was 95 percent occupied, there was
7 now over 20,000 square feet of vacant Class B space within two
8 blocks of the courthouse. She stated the problem was twofold:
9 parking and the building code. She stated that perhaps they
10 could consider bringing back parking on the street. She stated
11 that the building code was for new buildings and stated they
12 needed a building code to address older buildings, noting that
13 the older buildings could not be improved with the new building
14 code, that it was too costly.
15 Ms. Goldsmith asked what the new building would do to
16 revitalize the downtown area. She asked what the Colonial Bank
17 Building or the AmSouth Building had done. She asked what they
18 would do to bring people to the area at night and on week-ends.
19 She stated that the Schiffman Building brought many people to the
20 downtown area, as did the Harrison Brothers building. She asked
21 how the new building would conform to the architecture and the
22 ambiance of the downtown area. She noted that the courthouse had
23 not conformed to the architecture of the area. She stated there
24 was an old adage that if persons did not learn from history they
25 were bound to repeat the mistakes of the past.
26 Ms. Goldsmith asked the Council members to have a picnic in
0036
1 the park and think how the Central Bank Building and the
2 Courthouse affected them as they loomed over the park and then
3 consider how the proposed building would affect the park. She
4 urged them to look at the proposed building not only in the
5 context of the park but of the entire downtown area.
6 Councilwoman Moon stated she took Ms. Goldsmith's remarks
7 very seriously because she was aware of her desire when she sold
8 property that it got into the hands of the right person, with the
9 right expectations, and that she was also aware that the
10 integrity of the planning of the City was very important to
11 Ms. Goldsmith.
12 President Russell stated there would be a 10-minute recess.
13 (Recess.)
14 President Russell reconvened the meeting.
15 Councilwoman Moon asked that item 13.c on the agenda, the
16 proposed agreement between the City of Huntsville and Triad
17 Properties, be taken out of order at this time.
18 Councilwoman Moon moved for approval of Resolution No.
19 03-877, authorizing the Mayor to enter into a Development
20 Agreement between the City of Huntsville and Triad Properties
21 Corporation, which was introduced at the October 9, 2003,
22 Council meeting.
23 Said motion was duly seconded by Councilman Kling.
24 Councilwoman Moon moved to postpone consideration of the
25 resolution until the Council meeting of November 13, which motion
26 was duly seconded by Councilman Kling, and was unanimously
0037
1 approved.
2 President Russell stated the next item on the agenda was
3 Huntsville Utilities Items.
4 Councilwoman Moon read and introduced a resolution
5 authorizing purchase of a 161/46kV, 60/80/100MVA, 3-phase power
6 transformer for Big Cove Substation, as follows:
7 (RESOLUTION NO. 03-906)
8 Councilwoman Moon moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilwoman Moon read and introduced a resolution
12 authorizing purchase of a 46/25x12kV, 15/20/25 MVA, 3-phase power
13 transformer for Vulcan Substation, as follows:
14 (RESOLUTION NO. 03-907)
15 Councilwoman Moon moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling,
17 and was unanimously adopted.
18 Councilwoman Moon read and introduced a resolution
19 authorizing replacement of Vehicle #396 with a new 3/4-ton 4x4
20 truck with body and wrench, as follows:
21 (RESOLUTION NO. 03-908)
22 Councilwoman Moon moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling,
24 and was unanimously adopted.
25 President Russell stated the next item on the agenda was
26 Board Appointments to be Voted On.
0038
1 Councilman Kling read and introduced a resolution to
2 reappoint Martha Jo Smith to the City Tree Commission, for a
3 partial term to expire October 8, 2004, as follows:
4 (RESOLUTION NO. 03-909)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilwoman Moon read and introduced a resolution to
9 reappoint Dwight Jennings to the Huntsville-Madison County
10 Airport Authority, for a term to expire October 23, 2009, as
11 follows:
12 (RESOLUTION NO. 03-910)
13 Councilwoman Moon moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 President Russell stated the next item on the agenda was
17 Approval of Expenditures.
18 Councilman Kling read and introduced a resolution
19 authorizing the expenditures for payments, as follows:
20 (RESOLUTION NO. 03-911)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted.
24 Mayor Spencer stated that the East Clinton Street Fall
25 Festival Fair and Historic Tour would be held on the following
26 Saturday and invited the citizens to attend.
0039
1 Mayor Spencer stated that on Sunday there would be a
2 special program, that Lt. Gen John S. Caldwell would give the
3 opening remarks for the Military Collection from Brown
4 University. She stated this was one of the world's largest
5 collections devoted to the study of military uniforms, spanning
6 five centuries.
7 President Russell stated the next item on the agenda was
8 Communications from Council members.
9 Councilwoman Moon stated she would like to remind persons
10 that she had not voted for the appropriation of the City's monies
11 for the construction of the generals' quarters on Redstone
12 Arsenal. She stated that while she thought this was a great
13 project and could understand why the community wanted to do it,
14 she had fundamental difficulty with the way in which the transfer
15 of tax money was handled.
16 Councilwoman Moon stated she had recently been made aware of
17 a program in the community called the "CITY" program, the
18 Community Intensive Treatment for Youth program. She stated that
19 this was a mentoring and education program for the youth in the
20 community who needed assistance, and stated that they had had
21 very good results and that she was extremely impressed with the
22 program. She stated they had recently dedicated a new building
23 and she had enjoyed getting to know the program.
24 President Russell stated he had withdrawn his Clean Indoor
25 Air ordinance. He stated that at some time in the future there
26 would be further discussion of this matter.
0040
1 President Russell stated the next item on the agenda was
2 Unfinished Business Items for Action.
3 Councilwoman Moon moved for approval of Ordinance No.
4 03-878, amending the privilege license schedule to include
5 categories for natural gas companies/natural gas utilities, and
6 repealing Ordinance No. 03-691, which was introduced at the
7 October 9, 2003, Council meeting, as follows:
8 (ORDINANCE NO. 03-878)
9 Said motion was duly seconded by Councilman Kling, and was
10 unanimously adopted.
11 Councilwoman Moon moved for approval of Ordinance No.
12 03-879, concerning the annexation of land lying generally along
13 the west side of Ditto Marina Parkway and south of Green Cove
14 Road, which was introduced at the October 9, 2003, Council
15 meeting, as follows:
16 (ORDINANCE NO. 03-879)
17 Said motion was duly seconded by Councilman Kling and was
18 unanimously adopted.
19 Councilwoman Moon moved for approval of Resolution No.
20 03-904, setting out a plan of strategy for the restoring of the
21 William Hooper Councill School facility located at 620 St. Clair
22 Street, which was introduced at the October 9, 2003, Council
23 meeting.
24 Said motion was duly seconded by Councilman Kling.
25 Councilwoman Moon moved to postpone consideration of the
26 resolution until the Council meeting of November 13, stating this
0041
1 was at the request of Councilman Showers.
2 Said motion was duly seconded by Councilman Kling, and was
3 unanimously approved.
4 President Russell stated the next item on the agenda was New
5 Business Items for Introduction, noting item l4.a had been
6 deleted.
7 President Russell stated that Planning had asked for
8 unanimous consent on the next item on the agenda.
9 Councilman Watson read an introduced an ordinance concerning
10 the annexation of land lying generally on the south side of U.S.
11 Highway 72 West and east of County Line Road, as follows:
12 (ORDINANCE NO. 03-912)
13 Councilman Watson moved that unanimous consent be given for
14 the immediate consideration of and action on said ordinance,
15 which motion was duly seconded by Councilwoman Moon, and upon
16 said motion being put to vote, the following vote resulted:
17 AYES: Moon, Watson, Kling, Russell
18 NAYS: None
19 ABSENT: Showers
20 President Russell stated that the motion for unanimous
21 consent for immediate consideration of and action on said
22 ordinance had been unanimously carried.
23 Councilman Watson thereupon moved that said ordinance be
24 finally adopted, which motion was duly seconded by Councilwoman
25 Moon.
26 President Russell asked Ms. Bostick for an explanation of
0042
1 the above ordinance.
2 Ms. Bostick stated this was a 2.31-acre tract of land on the
3 south side of Highway 72, near County Line Road. She stated
4 there was an existing building on the property and that the owner
5 was anxious to open business in the city and that this was the
6 reason for the request for unanimous consent.
7 President Russell called for the vote on the above
8 ordinance, and it was unanimously adopted.
9 President Russell read and introduced Ordinance No. 03-913,
10 implementing Phase I of a One-Way Street Network in the downtown
11 core area of the City of Huntsville.
12 President Russell read and introduced Ordinance No. 03-914,
13 amending the privilege license ordinance to provide for a license
14 fee on the sale of tobacco products.
15 President Russell stated the next item on the agenda was New
16 Business Items for Consideration or Action. He stated that items
17 "ff," "ll," and "mm" had been deleted.
18 Councilman Kling read and introduced a resolution
19 authorizing the Mayor to enter into a Joint Use Agreement between
20 the City of Huntsville and the Huntsville Board of Education to
21 allow the City the use of gymnasiums and other recreational
22 facilities, as follows:
23 (RESOLUTION NO. 03-915)
24 Councilman Kling moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0043
1 Councilman Kling read and introduced a resolution
2 authorizing the Mayor to enter into an agreement between the City
3 of Huntsville and LIFT Housing, Inc., for HOME Operating funds,
4 as follows:
5 (RESOLUTION NO. 03-916)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilwoman Moon,
8 and was unanimously adopted.
9 Councilman Kling read and introduced a resolution
10 authorizing the Mayor to enter into an agreement between the City
11 of Huntsville and LIFT Housing, Inc., for HOME CHDO funds, as
12 follows:
13 (RESOLUTION NO. 03-917)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Kling read and introduced a resolution
18 authorizing the acceptance of donation to Huntsville Fire &
19 Rescue in the amount of $200.00 from LG Electronics and $1,000.00
20 from Sam's Club for the purchase of fire prevention materials;
21 donation to Huntsville Police Department in the amount of $500.00
22 from Wal-Mart for West Precinct and donation of $1,000.00 for
23 South Precinct; donations to Animal Services totaling $197.80
24 from various individuals/businesses for care of animals; donation
25 to Administration Operation Green Team in the amount of $2,000.00
26 from Covanta Energy and donation of $30.00 from Hampton Cove
0044
1 Garden Club; donation to Municipal Court in the amount of $100.00
2 from Regions Bank to purchase cookies for Kid's Court, as
3 follows:
4 (RESOLUTION NO. 03-918)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing the Mayor to enter into agreements with the low
10 bidders meeting specifications as outlined in the attached
11 Summary of Bids for Acceptance, as follows:
12 (RESOLUTION NO. 03-919)
13 Councilman Kling moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon,
15 and was unanimously adopted.
16 Councilman Kling read and introduced a resolution
17 authorizing the City Attorney to settle the Worker's Compensation
18 claim of Stephen A. Helton, Civil Action No. CV01-1843, as
19 follows:
20 (RESOLUTION NO. 03-920)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted.
24 Councilman Kling read and introduced a resolution
25 authorizing the City Attorney to seek a forfeiture of the surety
26 bond issued by Old Republic Surety Company., as follows:
0045
1 (RESOLUTION NO. 03-921)
2 Councilman Kling moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilwoman Moon,
4 and was unanimously adopted.
5 Councilman Kling read and introduced a resolution
6 authorizing the City of Huntsville to dedicate certain parcels of
7 land as utility and drainage easements for the Mastin Lake Road
8 Improvement Project, as follows:
9 (RESOLUTION NO. 03-922)
10 Councilman Kling moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman Moon,
12 and was unanimously adopted.
13 Councilman Kling read and introduced a resolution
14 authorizing the City of Huntsville to dedicate certain parcels of
15 land as rights-of-way for the Mastin Lake Road Improvement
16 Project, as follows:
17 (RESOLUTION NO. 03-923)
18 Councilman Kling moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilwoman Moon,
20 and was unanimously adopted.
21 Councilman Kling read and introduced an ordinance
22 authorizing the Mayor to execute an easement deed to BellSouth
23 Telecommunication, Inc., in connection with the Mastin Lake Road
24 Improvement Project, as follows:
25 (ORDINANCE NO. 03-924)
26 Councilman Kling moved for approval of the foregoing
0046
1 ordinance, which motion was duly seconded by Councilwoman Moon,
2 and was unanimously adopted.
3 Councilman Kling moved for approval of a request for
4 authorization to advertise and fill (1) one full-time Court
5 Marshall position (Grade 10) in the Municipal Court from all city
6 departments and the general public with the starting salary being
7 at a rate higher than minimum if necessary, which motion was
8 seconded by Councilwoman Moon, and was unanimously approved.
9 Councilman Kling read and introduced a resolution
10 authorizing the Mayor to renew the agreement between Public
11 Transit and the Huntsville-Madison County Mental Health Center
12 for the Adult Day Treatment Program, as follows:
13 (RESOLUTION NO. 03-925)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilwoman Moon,
16 and was unanimously adopted.
17 Councilman Kling read and introduced a resolution
18 authorizing the Mayor to renew the agreement with Neighborhood
19 Volunteer groups, as follows:
20 (RESOLUTION NO. 03-926)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted.
24 Councilman Kling read and introduced a resolution
25 authorizing the Mayor to enter into an agreement between the City
26 of Huntsville and Wonderware, Inc., d/b/a CORE Business
0047
1 Technologies, for the purchase of Case Receipts Software and
2 related services for the Clerk-Treasurer Department, as follows:.
3 (RESOLUTION NO. 03-927)
4 Councilman Kling moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilwoman Moon,
6 and was unanimously adopted.
7 Councilman Kling read and introduced a resolution
8 authorizing the Mayor to enter into an agreement with Tetra Tech,
9 Inc., for Engineering Services for Flow Monitoring Program
10 Development, Project #CS-010307-10-13, as follows:.
11 (RESOLUTION NO. 03-928)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing the Mayor to enter into an agreement with Tetra Tech,
17 Inc., for Engineering Services for Flow Monitoring Program-Annual
18 Operations, Maintenance, Data Analysis and Reporting, Project
19 #65-04-SP02, as follows:
20 (RESOLUTION NO. 03-929)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilwoman Moon,
23 and was unanimously adopted.
24 Councilman Kling read and introduced a resolution
25 authorizing the Mayor to enter into an agreement with Barge,
26 Waggoner, Sumner & Cannon, Inc., for CADD/Surveying Services for
0048
1 Various Projects, as follows:
2 (RESOLUTION NO. 03-930)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilwoman Moon,
5 and was unanimously adopted.
6 Councilman Kling moved for approval of a request for
7 permission to change one currently funded Network Specialist
8 position (Grade 17) in the ITS Department from step five to step
9 nine, which motion was duly seconded by Councilwoman Moon, and
10 was unanimously approved.
11 Councilman Kling read and introduced a resolution
12 authorizing the Mayor to enter into an Agency Appropriation
13 Agreement with North Alabama African American Chamber of
14 Commerce, as follows:
15 (RESOLUTION NO. 03-931)
16 Councilman Kling moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilwoman Moon,
18 and was unanimously adopted.
19 Councilman Kling read and introduced a resolution
20 authorizing the Mayor to enter into an Agency Appropriation
21 Agreement with Huntsville Madison County Mental Health Board, as
22 follows:
23 (RESOLUTION NO. 03-932)
24 Councilman Kling moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0049
1 Councilman Kling read and introduced a resolution
2 authorizing the Mayor to enter into an Agency Appropriation
3 Agreement with Community Action Agency, as follows:
4 (RESOLUTION NO. 03-933)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing the Mayor to enter into an Agency Appropriation
10 Agreement with the Huntsville Symphony, as follows:
11 (RESOLUTION NO. 03-934)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing the Mayor to enter into an Agency Appropriation
17 Agreement with Huntsville Botanical Garden, as follows:
18 (RESOLUTION NO. 03-935)
19 Councilman Kling moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilwoman Moon,
21 and was unanimously adopted.
22 Councilman Kling read and introduced a resolution
23 authorizing the Mayor to enter into an Agency Appropriation
24 Agreement with Huntsville/Madison County Senior Center, as
25 follows:
26 (RESOLUTION NO. 03-936)
0050
1 Councilman Kling moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilwoman Moon,
3 and was unanimously adopted.
4 Councilman Kling read and introduced a resolution
5 authorizing the Mayor to enter into an Agency Appropriation
6 Agreement with the International Services Council of
7 Huntsville/Madison County, as follows:
8 (RESOLUTION NO. 03-937)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilwoman Moon,
11 and was unanimously adopted.
12 Councilman Kling read and introduced a resolution
13 authorizing the Mayor to enter into an Agency Appropriation
14 Agreement with Huntsville and Madison County Mental Health
15 Retardation Board, as follows:
16 (RESOLUTION NO. 03-938)
17 Councilman Kling moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilwoman Moon,
19 and was unanimously adopted.
20 Councilman Kling read and introduced a resolution
21 authorizing the Mayor to enter into an Agency Appropriation
22 Agreement with Partnership for a Drug Free Community, as follows:
23 (RESOLUTION NO. 03-939)
24 Councilman Kling moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilwoman Moon,
26 and was unanimously adopted.
0051
1 Councilman Kling read and introduced a resolution
2 authorizing the Mayor to enter into an Agency Appropriation
3 Agreement with the Arts Council, as follows:
4 (RESOLUTION NO. 03-940)
5 Councilman Kling moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilwoman Moon,
7 and was unanimously adopted.
8 Councilman Kling read and introduced a resolution
9 authorizing the Mayor to enter into an Agency Appropriation
10 Agreement with Huntsville Community Watch, as follows:
11 (RESOLUTION NO. 03-941)
12 Councilman Kling moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilwoman Moon,
14 and was unanimously adopted.
15 Councilman Kling read and introduced a resolution
16 authorizing the Mayor to enter into an Agency Appropriation
17 Agreement with Huntsville/Madison County Rescue Squad, as
18 follows:
19 (RESOLUTION NO. 03-942)
20 Councilman Kling moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilwoman Moon,
22 and was unanimously adopted.
23 Councilman Kling read and introduced a resolution
24 authorizing the Mayor to enter into an Agency Appropriation
25 Agreement with The Land Trust, as follows:
26 (RESOLUTION NO. 03-943)
0052
1 Councilman Kling moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilwoman Moon,
3 and was unanimously adopted.
4 Councilman Kling read and introduced a resolution
5 authorizing the City Attorney to settle the lawsuit entitled
6 Bryant K. Brown, et al., v. Benton H. Wilcoxen Municipal Ice
7 Plex, et al., in the Circuit Court of Madison County, Alabama,
8 Case No. CV-99-99-EDF, as follows:
9 (RESOLUTION NO. 03-944)
10 Councilman Kling moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilwoman
12 Watson.
13 Councilman Kling inquired as to he amount of the settlement.
14 Mr. Joffrion stated that it was $90,000.
15 President Russell called for the vote on the above
16 resolution, and the following vote resulted:
17 AYES: Kling, Russell
18 NAYS: Moon, Watson
19 ABSENT: Showers
20 President Russell stated the motion had failed.
21 Councilman Kling read and introduced a resolution
22 authorizing the Mayor to enter into a real estate sales agreement
23 between the City of Huntsville and MT Properties, LLC, for
24 property in Cummings Research Park West, as follows:
25 (RESOLUTION NO. 03-945)
26 Councilman Kling moved for approval of the foregoing
0053
1 resolution, which motion was duly seconded by President Russell.
2 President Russell asked Mayor Spencer if she would like to
3 comment on the above resolution.
4 Mayor Spencer stated she wanted the Council to be aware of
5 the economic impact involved in this. She stated that the
6 expansion of MilTec, a missile defense contractor, in Research
7 Park West would result in a $7.5 million investment in the next
8 four years, with 300 new jobs being created, bringing the company
9 total to 500 and resulting in a company with more than $100
10 million in annual revenue. She stated that the land sale was
11 approximately 10 acres in Research Park West at $45,000 per acre.
12
13 President Russell called for the vote on the above
14 resolution, and it was unanimously adopted.
15 Councilwoman Moon read and introduced a resolution
16 authorizing the Mayor to renew the agreement between Public
17 Transit and Huntsville/Madison County Senior Center to provide
18 drivers for the Handi-Ride Transportation Program, as follows:
19 (RESOLUTION NO. 03-946)
20 Councilwoman Moon moved for approval of the foregoing
21 resolution, which motion was duly seconded by Councilman Kling.
22 Councilwoman Moon stated she would like to highlight the
23 program the above resolution referenced, being the Handi-Ride
24 Transportation Program, as well as the Public Transit that the
25 Council had passed for the Mental Health Center for the Adult Day
26 Treatment. She stated she volunteered with an organization that
27 had a weekly meeting for mentally ill and mentally retarded
0054
1 adults in the community and stated that she had been very
2 impressed with the caliber of the drivers in these programs,
3 noting that they were very caring and concerned individuals.
4 She stated that this was certainly a credit to the community and
5 asked Mr. Brown to convey this message to the persons involved in
6 this program.
7 President Russell called for the vote on the above
8 resolution, and it was unanimously adopted.
9 Councilman Kling read and introduced a resolution
10 authorizing the Mayor to enter into an agreement with low bidder
11 for Big Spring Park Culvert, Project #65-03-DR19, as follows:
12 (RESOLUTION NO. 03-947)
13 Councilman Kling moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilwoman Moon.
15 President Russell asked Mr. Cunningham for an explanation of
16 the above resolution.
17 Mr. Cunningham stated this involved the first of several
18 projects to be constructed in the vicinity of the Von Braun
19 Center and the new hotel. He stated this project would basically
20 take an existing drainage system that encircled half of the Big
21 Spring Park, intercept it, and take it directly to Pinhook Crook.
22
23 He stated that associated with this were street closings along
24 Williams and Monroe streets at various locations.
25 President Russell called for the vote on the above
26 resolution, and it was unanimously adopted.
27 Councilwoman Moon read and introduced a resolution
0055
1 authorizing the Mayor to enter into an agreement with 4SITE,
2 Inc., for Engineering Design Services for Five Points Streetscape
3 Project, Phase I, Project #65-04-SP01, as follows:
4 (RESOLUTION NO. 03-948)
5 Councilwoman Moon moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling.
7 Mr. Cunningham stated the above resolution addressed the
8 Andrew Jackson Way, Pratt Avenue, and adjacent streets area. He
9 stated it was to include a master plan in this area and also
10 implementation of construction plans for Phase 1 of this program.
11
12 President Russell called for the vote on the above
13 resolution, and it was unanimously adopted.
14 President Russell inquired as to whether there were any
15 non-roster communications from the public.
16 President Russell stated his appointments to the Alabama
17 Regional Council of Governments would be as follows:
18 Councilman Showers and Councilman Kling.
19 President Russell stated his appointment to the Community
20 Action Agency of Huntsville/Madison and Limestone Counties, Inc.,
21 would be as follows: Councilman Showers.
22 President Russell stated his appointment to Operation Green
23 Team would be as follows: President Russell.
24 President Russell stated his appointment to the Advisory
25 Commission on Accessibility would be as follows: Mr. Eddie
26 Sherrod.
27 President Russell stated his appointments to the City of
0056
1 Huntsville Insurance Committee would be as follows: Councilman
2 Kling and Councilwoman Moon.
3 President Russell stated Councilman Kling would be the
4 Chairperson of the Finance Committee and Councilwoman Moon would
5 be the Vice Chairperson.
6 Upon motion, duly seconded, it was voted to adjourn.
7
8
9
10 _____________________________
11 PRESIDENT OF THE CITY COUNCIL
12
13 ATTEST:
14
15
16
17 ______________________________
18 CITY CLERK-TREASURER
19