1 1 MINUTES OF THE REGULAR MEETING 2 OF THE CITY COUNCIL OF HUNTSVILLE

1 MINUTES OF THE REGULAR MEETING
2 OF THE CITY COUNCIL OF HUNTSVILLE, ALABAMA,
3 HELD MARCH 13, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on March 13, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Moon
9 Councilpersons: Russell, Kling, Showers, Watson
10 Absent: None
11 Mayor: Spencer
12 Administrative Assistant: Hatfield
13 City Attorney: Joffrion
14 City Clerk-Treasurer: Hagood
15 President Moon called the meeting to order.
16 Pastor C. Curtis Eason of the Antioch Baptist Church led the
17 invocation; Mr. Ray White led the pledge of allegiance.
18 The minutes of the regular meeting of the Council on
19 February 27, 2003, were approved as submitted.
20 President Moon stated that Mayor Spencer had traveled to
21 Montgomery the previous day and had received some very good news
22 for persons in the community and stated that as a result of this
23 the Council would be adding four items to the agenda for this
24 meeting. She asked Mr. Joffrion to explain how this would be
25 handled so they would be in compliance.
26 Mr. Joffrion stated that under the Council bylaws, to add
27 items to the agenda after 5 o'clock on the Tuesday preceding the
28 meeting required the written consent of four Council members.
29 President Moon stated she had obtained the signatures of all
30 five of the Council members in this regard. She stated that two

2
1 of the items would be introduced at this meeting and two would be
2 acted on at this meeting. She stated that this would be handled
3 at the end of Item 15 on the agenda.
4 (Document Submitted by President Moon)
5 Mayor Spencer stated that the City had been very fortunate
6 in being able to host the National Synchronized Figure Skating
7 event in the city.
8 Mr. Keith Schonrock appeared before the Council, stating
9 that he was president of the Huntsville Figure Skating Club. He
10 stated that his group had been working on this competition for
11 more than two years and thanked all persons involved for their
12 outstanding support for this event.
13 Mayor Spencer recognized Dr. Karen Hill, the Director of
14 Animal Services.
15 Dr. Hill displayed a piece of artwork which she stated had
16 been donated to Animal Control by Lara Isbell.
17 Ms. Isbell stated that she that she wanted to bring more
18 awareness to the animal services center as an adoption center.
19 She stated that she was encouraging everyone to help save these
20 animals, either through adoption or by donating money.
21 Dr. Hill stated that this donation had been made possible
22 through their volunteer program. She stated that the volunteers
23 helped to let people in the community know about their needs and
24 made them aware of the adoptable animals they had.
25 Councilman Kling read and introduced a resolution
26 recognizing Conductor Taavo Virkhaus of the Huntsville Symphony

3
1 upon his retirement, as follows:
2 (RESOLUTION NO. 03-171)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Watson,
5 and was unanimously adopted.
6 Councilman Kling presented a copy of the resolution to
7 Mr. Virkhaus, expressing appreciation for his service to the
8 community.
9 President Moon read and introduced a resolution recognizing
10 Barry Porter, Chapter Manager of the Madison/Marshall County
11 Chapter of the American Red Cross, as follows:
12 (RESOLUTION NO. 03-172)
13 President Moon moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 President Moon stated that she would present the resolution
17 at a later date. She stated that Mr. Porter would certainly be
18 missed in the community.
19 President Moon recognized Jill Gardner, Executive Director
20 of The Land Trust of Huntsville and North Alabama.
21 Ms. Gardner presented an update of the "Greenprint for
22 Growth" plan that was being released to the community.
23 Ms. Gardner stated that one of the long-term goals of The
24 Land Trust had been to become more strategic with the land-
25 acquisition program and more focused on what they wanted to
26 accomplish in the next few years. She stated that toward this

4
1 end they had been working on a master land plan for several years
2 and stated that they had now concluded this with a written report
3 and an action plan.
4 Ms. Garner made a presentation concerning the details of the
5 plan.
6 Ms. Gardner stated that she had a copy of her presentation
7 for each of the Council members.
8 President Moon stated that the next item on the agenda was
9 Public Hearings to be Held.
10 President Moon stated that it was the time and place in the
11 meeting for a public hearing on a resolution concerning Floyd and
12 Judy Anderson, d/b/a B&J Carriage Rides, to operate two (2)
13 horse-drawn carriages in the City of Huntsville, which was set at
14 the February 27, 2003, meeting of the Council.
15 Mr. Tommy Brown stated that this concerned a new horse-drawn
16 carriage service that had made application to the Council for a
17 Certificate of Public Convenience and Necessity to operate in the
18 city, noting that they planned to operate two carriages. He
19 stated that the appropriate background checks had been done on
20 the applicant and that the matter was in order for the Council's
21 consideration after the public hearing.
22 President Moon inquired as to whether there was anyone in
23 the audience who wished to speak concerning this matter.
24 There was no response.
25 Councilman Showers read and introduced a resolution granting
26 a Certificate of Public Convenience and Necessity and a privilege

5
1 license to be issued to Floyd and Judy Anderson, d/b/a B&J
2 Carriage Rides, to operate two horse-drawn carriages in the city
3 of Huntsville, as follows:
4 (RESOLUTION NO. 03-173)
5 Councilman Showers moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Watson,
7 and was unanimously adopted.
8 President Moon stated it was the time and place in the
9 meeting for a hearing on a resolution authorizing the City
10 Clerk-Treasurer to assess the cost of demolishing the property
11 located at 6235 Hollow Road, including the house and accessory
12 structures.
13 Mr. Jerry Galloway stated that the property identified in
14 the resolution had been severely fire damaged. He stated that
15 after inspection Community Development had determined that this
16 was a public nuisance and that in accordance with state law they
17 had notified the owners, by certified mail, that they either had
18 to repair or demolish the structures. He stated the owners had
19 failed to do this and stated they had also failed to exercise any
20 of their rights of appeal. He stated that Community Development
21 had presented the information to the Council and that the
22 Council, by Resolutions 02-559 and 02-260, had authorized
23 Community Development to demolish the structures. He stated that
24 they had done so and that the owners had been sent a bill for
25 these services, by certified mail, and that they had failed to
26 pay this.

6
1 Mr. Galloway requested that an assessment be placed against
2 the property and stated that in accordance with state law the
3 assessment would be placed on the owners' tax bill at the end of
4 the year for collection. He stated that the owners had been
5 notified of this proposed action by mail and that there might be
6 someone in the audience who would like to comment on this matter.
7 President Moon inquired as to whether there was anyone in
8 the audience who wished to speak concerning this matter.
9 There was no response.
10 Councilman Watson read and introduced a resolution
11 authorizing the City Clerk-Treasurer to assess the cost of
12 demolishing the property located at 6235 Hollow Road (house and
13 accessory structures), as follows:
14 (RESOLUTION NO. 03-174)
15 Councilman Watson moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Kling,
17 and was unanimously adopted.
18 President Moon stated the next item on the agenda was Public
19 Hearings to be Set.
20 Councilman Kling read and introduced a resolution to set a
21 public hearing on the zoning of newly annexed land lying
22 generally on the south side of U.S. Highway 72 West and west of
23 Balch Road to Highway Business C-4 District, on April 24, 2003,
24 as follows:
25 (RESOLUTION NO. 03-175)
26 Councilman Kling moved for approval of the foregoing

7
1 resolution, which motion was duly seconded by Councilman Watson,
2 and was unanimously adopted.
3 Councilman Kling read and introduced Ordinance No. 03-176,
4 concerning the zoning of newly annexed land lying generally on
5 the south side of U.S. Highway 72 West and west of Balch Road to
6 Highway Business C-4 District.
7 President Moon stated the next item on the agenda was
8 Communications from the Public.
9 Mr. Ray White appeared before the Council, stating that
10 since his accident he had to walk every day and noting that he
11 had tunnel vision. He stated that Archer Drive ran from
12 Drake Avenue all the way around to Triana and noted that this had
13 become a shortcut for traffic and stated that it was dangerous
14 for him to walk in this area. He stated that his neighbors were
15 joining him in asking the City to put a walkway all the way
16 around Archer Park. He stated that this park was a great asset
17 to the community and that he felt it would be an even greater
18 asset with the construction of a walkway.
19 Councilman Kling stated it would certainly be good for the
20 area if the Council could do something concerning this walkway.
21 Mr. James Clark, 8103 Camille Drive, appeared before the
22 Council, stating that because the City had billed him $161.66 for
23 two months' sewer service while they had billed Mayor Spencer,
24 Councilman Kling, and Councilman Showers approximately $20 for
25 the same amount of service, he had brought the Council two claims
26 against the City for overcharges.

8
1 Mr. Joffrion stated that there was not an opportunity to
2 discuss publicly claims against the City in a Council meeting.
3 He stated that if Mr. Clark wished to discuss the claim, he would
4 be welcome to call him and he would be happy to discuss the
5 matter with him.
6 President Moon stated that she would allow Mr. Clark to
7 speak, noting that she would defer to the wishes of Mr. Joffrion
8 if he felt he was getting into an area that he felt would be
9 problematic.
10 Mr. Clark stated he would like for the City to bill him just
11 as they billed Mayor Spencer, Councilman Kling, and Councilman
12 Showers. He stated that the City billed all of them on the same
13 sewer rate but they billed Mayor Spencer, Councilman Kling, and
14 Councilman Showers on household water consumption, and he and
15 42,000 other customers on total consumed water.
16 Mr. Clark stated that he had used proposed City
17 Ordinance 00-129, winter average/summer cap, to recalculate his
18 sewer bills for the two claims he had mentioned. He stated that
19 Mr. Joffrion had stated that Ordinance 00-129 met applicable
20 state and federal law. He stated that this ordinance would have
21 had the City charge all 47,000 residents on winter average/summer
22 cap, being effectively household consumed water. He stated that
23 because the City had not responded to his year-old claims, he was
24 asking the Council to waive the rules and pass a resolution
25 directing the City of Huntsville to pay both of his claims.
26 Councilman Kling stated he felt this matter should be

9
1 clarified. He stated he was paying a lower rate because he had a
2 separate water sprinkler meter, which he stated was available for
3 any citizen in the city. He stated it was certainly not true
4 that he and Mayor Spencer and Councilman Showers were the only
5 persons in the city who benefitted from this lower rate. He
6 stated there were thousands of people throughout the city that
7 had this service and noted that any citizen could get this lower
8 rate by purchasing a second water meter.
9 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
10 Council, expressing concern that the Council did not hold work
11 sessions and bring business items to the public prior to the
12 regular Council meeting. She stated that she had missed the
13 meeting concerning the downtown master plan. She stated that she
14 felt all public hearings should be advertised on Channel 42.
15 Ms. Reed stated she understood there were only two pipes
16 that were going to be laid for drainage in the College Park area
17 and stated that there was a huge hole for this. She stated that
18 the residents in this area wanted this entire ditch covered. She
19 requested that someone look into this matter.
20 Ms. Reed stated she was opposed to flood prevention fees.
21 Ms. Reed stated that she was opposed to the swapping of
22 property concerning University Place School and UAH. She stated
23 that the City did not need a school sitting on top of Butler
24 Hill, noting that this would cause severe traffic congestion.
25 Mr. Jerry Cox, 4029 Telstar Circle, appeared before the
26 Council, stating that he was certain he could speak on behalf of

10
1 the residents of Bailey Estates and Patton Estates in supporting
2 Mr. White on the improvement to Archer Park.
3 Mr. Cox stated he wanted to speak at this time concerning
4 group homes in a residential area. He stated that a home on
5 Telstar Circle had apparently been purchased for this purpose.
6 He stated that it was his understanding they intended to bring
7 mental patients from Tuscaloosa and house them at this location.
8 He noted that many times Councilman Kling had objected to the
9 location of group homes and shelters in his district.
10 Mr. Cox stated that he had learned that the home had been
11 purchased by Volunteers of America of North Alabama and that
12 according to the tax office, it was to be used as a nonprofit
13 business. He questioned how a nonprofit business could be
14 locating in a residentially zoned area with single-family zoning.
15
16 He stated this indicated to him that the zoning laws were flawed.
17 Mr. Cox stated that he had gone to Volunteers of America in
18 an effort to understand what was taking place at this house,
19 noting that a Community Watch person had been told it was going
20 to house mental patients from Tuscaloosa and that they did not
21 want to get them close to where there was any drug activity
22 because they had experienced drug problems. He stated that this
23 house was located about 30 feet from an apartment complex that
24 was known to have drug activity.
25 Mr. Cox stated that the CEO of Volunteers of America had not
26 been available and that although there were several employees at
27 the facility, no one had wished to talk to him about the house on

11
1 Telstar Circle. He stated that he had left his name and phone
2 number but had not been contacted about this matter.
3 Mr. Cox stated there appeared to be activity going on at
4 this location and apparently individuals were being transported
5 there. He stated that the residents in this area needed
6 something done about this situation, noting that they had tried
7 for years to improve the quality of life in their neighborhood.
8 Councilman Kling stated that he had been contacted about
9 this situation by residents in the neighborhood and noted that he
10 had contacted Mr. Hulan Smith from the Inspection Department. He
11 asked Mr. Smith to provide a brief recap of this situation,
12 noting that he was certainly not happy about it himself.
13 Mr. Smith stated that his department had looked at this
14 situation for some time. He noted that the persons who lived in
15 such houses were living as a "family unit," as described by the
16 Federal Government, and that there was nothing that would be in
17 violation of the zoning ordinance. He stated that he had
18 discussed this matter with the Legal Department and that
19 Mr. Joffrion might wish to comment on it.
20 Mr. Joffrion stated that over the past 6 or 7 years there
21 had been several decisions under federal law, in the federal
22 courts, one of which was a Supreme Court decision, that had
23 supported the rights of individuals to live in this kind of
24 environment in residential districts. He stated that regardless
25 of the provisions of the City's zoning ordinance, they were
26 somewhat limited in their ability to regulate or control that

12
1 issue, except with regard to life safety issues and building code
2 issues. He stated that fortunately or unfortunately, depending
3 on what the circumstances might be, these were the limitations
4 that had been placed on them by the federal court system. He
5 stated that he felt Mr. Smith was doing everything he could do
6 under existing law concerning this situation.
7 Mr. Smith noted that this particular area of the city was
8 not the only area of the city where such homes existed. He noted
9 that the ADA and the Fair Housing Act had really limited them as
10 to what they could do concerning such issues.
11 Councilman Kling stated that he was aware that the persons
12 operating these homes did good work but that he was frustrated by
13 all the good work being in one area, when this impacted the
14 permanent, long-term residents in the area. He stated he was
15 certainly open to look at any options on this matter.
16 Mr. Cox inquired as to who licensed the facility, who
17 licensed the persons who cared for the persons in the facility,
18 and what was done with the biomedical waste.
19 President Moon stated that she did not feel that anyone was
20 in a position to answer those questions at this time but stated
21 that they would certainly get the answers for Mr. Cox.
22 President Moon stated that what they were seeing at this
23 time was a result of a federal court settlement which stated that
24 the various mental institutions in the state had to put a number
25 of their residents into the communities. She stated they
26 certainly wanted to be as humane as possible about this situation

13
1 and provide for all citizens.
2 President Moon stated that she would certainly be happy to
3 work with Councilman Kling in any way she could on this matter.
4 President Moon stated the next item on the agenda was
5 Huntsville Utilities Items.
6 Councilman Kling read and introduced a resolution
7 authorizing the relocation of electric facilities on Mastin Lake
8 Road, from Memorial Parkway to U.S. 72 East, as follows:
9 (RESOLUTION NO. 03-177)
10 Councilman Kling moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Showers,
12 and was unanimously adopted.
13 Councilman Kling read and introduced a resolution
14 authorizing the construction of an overhead transmission line to
15 provide an alternate feed to Hazel Green and Charity Lane
16 Substations, as follows:
17 (RESOLUTION NO. 03-178)
18 Councilman Kling moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Showers,
20 and was unanimously adopted.
21 Councilman Kling read and introduced a resolution
22 authorizing the relocation of 1,600' of 6" and 2" main on
23 Meridian Street, Walker Avenue, and Howe Street due to COH Street
24 Widening Project, as follows:
25 (RESOLUTION NO. 03-179)
26 Councilman Kling moved for approval of the foregoing

14
1 resolution, which motion was duly seconded by Councilman Showers,
2 and was unanimously adopted.
3 Councilman Kling read and introduced a resolution
4 authorizing purchase of 500 residential gas meters to replace
5 stock, as follows:
6 (RESOLUTION NO. 03-180)
7 Councilman Kling moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Showers,
9 and was unanimously adopted.
10 Councilman Kling read and introduced a resolution
11 authorizing installation of a security system at the Peak Shaving
12 Plant, as follows:
13 (RESOLUTION NO. 03-181)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Showers,
16 and was unanimously adopted.
17 Councilman Kling read and introduced a resolution
18 authorizing purchase of new turbidity units to replace units at
19 the South Parkway and Southwest Water Treatment Plants, as
20 follows:
21 (RESOLUTION NO. 03-182)
22 Councilman Kling moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Showers,
24 and was unanimously adopted.
25 Councilman Kling read and introduced a resolution
26 authorizing installation of 1500' of 8" ductile iron water main

15
1 along University Drive, west of Wayne Road and O'Charley's
2 Restaurant, as follows:
3 (RESOLUTION NO. 03-183)
4 Councilman Kling moved for approval of the foregoing
5 resolution, which motion was duly seconded by Councilman Showers,
6 and was unanimously adopted.
7 Councilman Showers read and introduced a resolution
8 authorizing execution of a letter agreement between TVA and COH,
9 amending its power contract regarding recovery of TVA's cost of
10 stranded investment, as follows:
11 (RESOLUTION NO. 03-184)
12 Councilman Showers moved for approval of the foregoing
13 resolution, which motion was duly seconded by Councilman Kling.
14 Councilman Kling requested an explanation concerning the
15 above resolution.
16 Mr. Bill Yell of Huntsville Utilities stated that the above
17 resolution amended the power contract with TVA to establish a
18 date at which Huntsville Utilities would no longer be liable for
19 stranded costs, if and when they had deregulation of the electric
20 industry. He stated that "stranded costs" were basically
21 infrastructure costs for building power generation facilities to
22 serve a distributor or whoever might be buying electricity.
23 President Moon called for the vote on Resolution No. 03-184,
24 and it was unanimously adopted.
25 Councilman Showers read and introduced a resolution
26 authorizing Huntsville Utilities to enter into an agreement with

16
1 R.W. Beck for outside engineering services, as follows:
2 (RESOLUTION NO. 03-185)
3 Councilman Showers moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Kling.
5 Mr. Yell stated that EPA had enacted some rules to ensure
6 that oil from transformers such as they had in their power
7 substations, if there were a failure, did not spill out and get
8 into waterways and other areas. He stated that this concerned an
9 engineering study to look at what changes needed to be made, if
10 any, to the substations so that they could contain any such oil.
11 President Moon called for the vote on Resolution No. 03-185,
12 and it was unanimously adopted.
13 President Moon stated the next item on the agenda was Board
14 Appointments to be Voted on.
15 Councilman Showers read and introduced a resolution to
16 reappoint Loretta McGlone to the Beautification Board, for a term
17 to expire February 10, 2006, as follows:
18 (RESOLUTION NO. 03-186)
19 Councilman Showers moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Watson,
21 and was unanimously adopted.
22 President Moon read and introduced a resolution to appoint
23 Samuel Gravel to the City Tree Commission, for a partial term to
24 expire October 8, 2003, as follows:
25 (RESOLUTION NO. 03-187)
26 President Moon moved for approval of the foregoing

17
1 resolution, which motion was duly seconded by Councilman Watson,
2 and was unanimously adopted.
3 Councilman Kling read and introduced a resolution to appoint
4 Bill Doss to the Advisory Commission on Accessibility, for a term
5 to expire January 10, 2006, as follows:
6 (RESOLUTION NO. 03-188)
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 a resolution to appoint
11 Peggy Sweetman to the Advisory Commission on Accessibility, for a
12 term to expire January 10, 2006, as follows:
13 (RESOLUTION NO. 03-189)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Russell,
16 and was unanimously adopted.
17 President Moon stated the next item on the agenda was Board
18 Appointment Nominations.
19 Councilman Watson nominated Dr. Michele L. Ashman for
20 appointment to the Animal Services Advisory Committee, Place 1,
21 for a partial term to expire April 23, 2004.
22 Councilman Watson nominated Patrick B. Moore for appointment
23 to the Animal Services Advisory Committee, Place 3, for a term to
24 expire April 23, 2006.
25 Councilman Kling nominated Mary Jane Whitehead for
26 reappointment to the Animal Services Advisory Committee.

18
1 President Moon stated the next item on the agenda was
2 Approval of Expenditures.
3 Councilman Kling read and introduced a resolution
4 authorizing the expenditures for payments, as follows:
5 (RESOLUTION NO. 03-190)
6 Councilman Kling moved for approval of the foregoing
7 resolution, which motion was duly seconded by Councilman Showers,
8 and was unanimously adopted.
9 Mayor Spencer stated that she would like to address with the
10 Council the items that President Moon had mentioned earlier. She
11 noted that with the new governor all contracts with the State
12 Department of Transportation were rendered null and void. She
13 stated that they were extremely pleased that the present governor
14 had said that this was a State commitment to the community and
15 had reintroduced four previous contracts that had been in the
16 works toward the end of the prior year. She stated that she
17 hoped the Council could take action on two of these four at this
18 meeting. She explained the items to come before the Council.
19 President Moon stated she would like to hold these items
20 until later in the meeting, in order to allow for public comment.
21 President Moon stated the next item on the agenda was
22 Communications from Council Members.
23 Councilman Kling stated that he was happy to see the road
24 resurfacing that was occurring throughout the city.
25 Councilman Russell stated he was pleased with the number of
26 citizens who had attended the meeting at Lincoln School to

19
1 discuss the downtown master plan and encouraged everyone who had
2 an interest in this to review the plan on the City web site.
3 Councilman Russell stated that on April 3rd the Council
4 would hold a work session to discuss the time schedule for having
5 all City ordinances on the web site and other ways in which they
6 could better serve their constituents. He urged persons who had
7 any ideas or requests in this regard to e-mail their suggestions
8 to him or to attend the meeting.
9 Councilman Showers stated that the 2003 Great American
10 Cleanup had officially begun on Saturday, March 1, and would
11 continue until May 31. He stated that Operation Green Team had
12 already kicked off its first cleanup with the Mayor, Huntsville
13 Flight, and Girls, Incorporated. He urged all citizens to get
14 involved in a cleanup project in their neighborhoods.
15 Councilman Showers stated that on March 24 at 6 p.m., there
16 would be a town meeting at the North Precinct for residents of
17 the Mount Charron area. He stated that on April 21 there would
18 be a meeting at the North Precinct concerning traffic calming.
19 President Moon stated that she had recently represented the
20 City at the National League of Cities meeting and that she had
21 several things she wanted to share about things she had learned
22 at this meeting. She stated the most significant impression she
23 had gotten was concerning the worsening fiscal situation for
24 cities across the country. She stated that more than half of the
25 delegates had reported they saw a lessening in quality-of-life
26 issues as a result of the financial crunch. She stated that

20
1 everyone who met a payroll was dealing with the crisis in
2 healthcare. She stated that this was a national issue that could
3 not be fixed at the local level and urged citizens to contact
4 their national representatives concerning this issue.
5 President Moon stated that in Huntsville she did not feel
6 there had been a diminishment of quality-of-life issues. She
7 stated that the Administration and everyone in the city was
8 working hard to do more with less.
9 President Moon stated that as far as homeland defense, the
10 second largest issue discussed, she felt Huntsville was very much
11 above where other cities were.
12 President Moon stated the next item on the agenda was New
13 Business Items for Introduction. She stated she had been asked
14 to act on these items at this meeting and asked Marie Bostick to
15 comment on this.
16 Ms. Marie Bostick stated these were annexation requests that
17 the owners had requested action be taken on at this time.
18 Councilman Watson read and introduced an ordinance
19 concerning annexation of land lying generally along the west side
20 of James Road and along the west end of Deaton Road, as follows:
21 (ORDINANCE NO. 03-191)
22 Councilman Watson moved that unanimous consent be given for
23 the immediate consideration of and action on said ordinance,
24 which motion was duly seconded by Councilman Russell, and upon
25 said motion being put to vote, the following vote resulted:
26 AYES: Russell, Showers, Kling, Watson, Moon

21
1 NAYS: None
2 President Moon stated that the motion for unanimous consent
3 for immediate consideration of and action on said ordinance had
4 been unanimously carried.
5 Councilman Showers thereupon moved that said ordinance be
6 finally adopted, which motion was duly seconded by
7 Councilman Watson, and was unanimously adopted.
8 Councilman Watson read and introduced an ordinance
9 concerning the annexation of land lying generally on the south
10 side of U.S. Highway 72 West and west of Balch Road, as follows:
11 (ORDINANCE NO. 03-192)
12 Councilman Watson moved that unanimous consent be given for
13 the immediate consideration of and action on said ordinance,
14 which motion was duly seconded by Councilman Russell, and upon
15 said motion being put to vote, the following vote resulted:
16 AYES: Russell, Showers, Kling, Watson, Moon
17 NAYS: None
18 President Moon stated that the motion for unanimous consent
19 for immediate consideration of and action on said ordinance had
20 been unanimously carried.
21 Councilman Showers thereupon moved that said ordinance be
22 finally adopted, which motion was duly seconded by
23 Councilman Watson, and was unanimously adopted.
24 Councilman Watson read and introduced an ordinance
25 concerning the annexation of land lying generally on the east
26 side of County Line Road and north of U.S. Highway 72 West, as

22
1 follows:
2 (ORDINANCE NO. 03-193)
3 Councilman Watson moved that unanimous consent be given for
4 the immediate consideration of and action on said ordinance,
5 which motion was duly seconded by Councilman Russell, and upon
6 said motion being put to vote, the following vote resulted:
7 AYES: Russell, Showers, Kling, Watson, Moon
8 NAYS: None
9 President Moon stated that the motion for unanimous consent
10 for immediate consideration of and action on said ordinance had
11 been unanimously carried.
12 Councilman Watson thereupon moved that said ordinance be
13 finally adopted, which motion was duly seconded by
14 Councilman Showers, and was unanimously adopted.
15 President Moon stated the next item on the agenda was New
16 Business Items for Consideration or Action.
17 President Moon stated that Item 15.p had been deleted.
18 Councilman Watson read and introduced a resolution
19 authorizing the Mayor to accept a grant from the Alabama
20 Emergency Management Agency in the amount of $295,626.25, as
21 follows:
22 (RESOLUTION NO. 03-194)
23 Councilman Watson moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Showers,
25 and was unanimously adopted.
26 Councilman Watson read and introduced a resolution

23
1 authorizing the Mayor to enter into an agreement between the
2 Huntsville-Madison County Emergency Management Agency and the
3 City of Madison, Alabama, in the amount of $70,320 in furtherance
4 of a grant from the Alabama Emergency Management Agency for the
5 purchase of protective equipment for first responders to weapons
6 of mass destruction incidents, as follows:
7 (RESOLUTION NO. 03-195)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Showers,
10 and was unanimously adopted.
11 Councilman Watson read and introduced an ordinance declaring
12 property surplus and conveying said equipment to Crime Stoppers,
13 as follows:
14 (ORDINANCE NO. 03-196)
15 Councilman Watson moved for approval of the foregoing
16 ordinance, which motion was duly seconded by Councilman Showers,
17 and was unanimously adopted.
18 Councilman Watson read and introduced an ordinance declaring
19 certain equipment surplus and to be sold at auction, as follows:
20 (ORDINANCE NO. 03-197)
21 Councilman Watson moved for approval of the foregoing
22 ordinance, which motion was duly seconded by Councilman Showers,
23 and was unanimously adopted.
24 Councilman Watson read and introduced an ordinance to amend
25 Budget Ordinance No. 01-721, adopted and approved on
26 September 26, 2002, within the Water Pollution Control Fund to

24
1 establish appropriations for EPA grant revenues and proceeds from
2 the sale of system assets, as follows:
3 (ORDINANCE NO. 03-198)
4 Councilman Watson moved for approval of the foregoing
5 ordinance, which motion was duly seconded by Councilman Showers,
6 and was unanimously adopted.
7 Councilman Watson read and introduced an ordinance to amend
8 Budget Ordinance No. 01-721, adopted and approved on
9 September 26, 2002, within the PWS Department recognizing
10 proceeds from the sale of equipment and making an appropriation
11 for the purchase of new equipment, and within the 1999 Capital
12 Fund recognizing private contributions and making an
13 appropriation for walking trail, as follows:
14 (ORDINANCE NO. 03-199)
15 Councilman Watson moved for approval of the foregoing
16 ordinance, which motion was duly seconded by Councilman Showers,
17 and was unanimously adopted.
18 Councilman Watson read and introduced a resolution
19 authorizing the issuance of advance travel funds for Huntsville
20 Fire & Rescue, as follows:
21 (RESOLUTION NO. 03-200)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Showers,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the acceptance of donation of one (1) Hoshizake Ice

25
1 Cuber Machine and Ice Bin valued at $1,000 from the Public
2 Building Authority to the Department of Facilities Project
3 Management, as follows:
4 (RESOLUTION NO. 03-201)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Showers,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the Mayor to execute a Bond Purchase Agreement with
10 Morgan Keegan & Company, Inc., and Joe Jolly & Company, Inc., for
11 the issuance of General Obligation Refunding Warrants, Series
12 2003-B, in the approximate total amount of $20,000,000 the
13 purpose of which is to refund the Sewer Warrants,
14 Series 1995-SRF, as follows:
15 (RESOLUTION NO. 03-202)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Showers,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into agreements with the low
21 bidders meeting specifications as outlined in the attached
22 Summary of Bids for Acceptance, as follows:
23 (RESOLUTION NO. 03-203)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Showers,
26 and was unanimously adopted.

26
1 Councilman Watson read and introduced an ordinance to call
2 for early redemption, Sewer Revenue Warrants, Series 1995-SRF, as
3 follows:
4 (ORDINANCE NO. 03-204)
5 Councilman Watson moved for approval of the foregoing
6 ordinance, which motion was duly seconded by Councilman Showers,
7 and was unanimously adopted.
8 Councilman Watson read and introduced an ordinance to amend
9 Budget Ordinance No. 02-721, adopted and approved on September
10 26, 2002, to appropriate money from the Liquor & Lodging Tax
11 Special Revenue Fund to City boards to be used for capital
12 repairs and improvements purposes, as follows:
13 (ORDINANCE NO. 03-205)
14 Councilman Watson moved for approval of the foregoing
15 ordinance, which motion was duly seconded by Councilman Showers,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the Mayor to enter into a contract between the City
19 of Huntsville and John's Photo Service, Inc., as follows:
20 (RESOLUTION NO. 03-206)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Showers,
23 and was unanimously adopted.
24 Councilman Watson read and introduced a resolution
25 authorizing the Clerk-Treasurer to invoke subdivision sidewalk
26 letter of credit for Ridgeside Estates, as follows:

27
1 (RESOLUTION NO. 03-207)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Showers,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing condemnation of parcels of land for the Dallas Street
7 and Meridian Street Pedestrian Walking Greenway Project, as
8 follows:
9 (RESOLUTION NO. 03-208)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Showers,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the creation of the Special Care Facilities Financing
15 Authority of the City of Huntsville - Willow Run Project, as
16 follows:
17 (RESOLUTION NO. 03-209)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Showers,
20 and was unanimously adopted.
21 Councilman Watson read and introduced an ordinance
22 authorizing the Mayor to execute an easement deed to BellSouth
23 Telecommunication, Inc., in connection with the Whitesburg Drive
24 and Drake Avenue Intersection Improvements Projects, as follows:
25 (ORDINANCE NO. 03-210)
26 Councilman Watson moved for approval of the foregoing

28
1 ordinance, which motion was duly seconded by Councilman Showers,
2 and was unanimously adopted.
3 Councilman Watson read and introduced a resolution
4 authorizing the City Council to vacate a 1.627-acre easement for
5 Lot 3 of the North Huntsville Industrial Park, as follows:
6 (RESOLUTION NO. 03-211)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Showers,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the City Council to vacate a 2.203-acre easement for
12 Lot 3 of the North Huntsville Industrial Park, as follows:
13 (RESOLUTION NO. 03-212)
14 Councilman Watson moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Showers,
16 and was unanimously adopted.
17 Councilman Watson read and introduced a resolution
18 authorizing the City Council to vacate an easement for Lot 2 of
19 the North Huntsville Industrial Park, as follows:
20 (RESOLUTION NO. 03-213)
21 Councilman Watson moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Showers,
23 and was unanimously adopted.
24 Councilman Watson 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:

29
1 (RESOLUTION NO. 03-214)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Showers,
4 and was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to enter into a Supplemental Agreement with
7 Alabama DOT for widening Old Madison Pike from Slaughter Road to
8 Thornton Research Park, as follows:
9 (RESOLUTION NO. 03-215)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Showers,
12 and was unanimously adopted.
13 Councilman Watson read and introduced a resolution
14 authorizing the Mayor to enter into an agreement with Sutton Road
15 Properties One, LLC, for road and drainage improvements, as
16 follows:
17 (RESOLUTION NO. 03-216)
18 Councilman Watson moved for approval of the foregoing
19 resolution, which motion was duly seconded by Councilman Showers,
20 and was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Mayor to enter into a Lease Agreement between the
23 City of Huntsville and West Huntsville Land Company, Inc., for
24 the second floor of the Yarbrough Office Center, as follows:
25 (RESOLUTION NO. 03-217)
26 Councilman Watson moved for approval of the foregoing

30
1 resolution, which motion was duly seconded by Councilman Showers,
2 and was unanimously adopted.
3 Councilman Watson read and introduced an ordinance to change
4 the name of Woodhurst Drive to Veterans Drive within the
5 Woodhurst Subdivision, as follows:
6 (ORDINANCE NO. 03-218)
7 Councilman Watson moved for approval of the foregoing
8 ordinance, which motion was duly seconded by Councilman Showers,
9 and was unanimously adopted.
10 Councilman Watson read and introduced a resolution
11 authorizing the Mayor to enter into an agreement with Gresham
12 Smith & Partners for Engineering Design and Planning Services for
13 Development of Huntsville Regional Intelligent Transportation
14 System (ITS) Plan, Project #ITSO(003), as follows:
15 (RESOLUTION NO. 03-219)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Showers,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to amend the contract with Reed Contracting
21 for Mastin Lake Road Improvements, Project No. ST-045-999-006
22 and Project No. ST-045-999-009, by Change Order No. 1, as
23 follows:
24 (RESOLUTION NO. 03-220)
25 Councilman Watson moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Showers,

31
1 and was unanimously adopted.
2 Councilman Watson read and introduced a resolution
3 authorizing the Mayor to enter into an agreement with Tetra Tech,
4 Inc., for engineering services associated with the Western
5 Service Basin Master Sewer Plan, Phase III, Project No.
6 CS010307-07-14, as follows:
7 (RESOLUTION NO. 03-221)
8 Councilman Watson moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Showers,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the Mayor to enter into an agreement with Morgan
13 Contracting, Inc., for East Limestone County Sanitary Sewer
14 Extension, Project #65-01-SS07, as follows:
15 (RESOLUTION NO. 03-222)
16 Councilman Watson moved for approval of the foregoing
17 resolution, which motion was duly seconded by Councilman Showers,
18 and was unanimously adopted.
19 Councilman Watson read and introduced a resolution
20 authorizing the Mayor to enter into an agreement with Christopher
21 Plumbing & Electric, Inc., for East Limestone County Pump
22 Station, Project #65-01-SS05, as follows:
23 (RESOLUTION NO. 03-223)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Showers,
26 and was unanimously adopted.

32
1 Councilman Watson read and introduced a resolution
2 authorizing the Mayor to enter into an agreement with Johnson and
3 McGehee, a limited liability partnership, for provision of
4 Indigent Defense Services in the Municipal Court of the City of
5 Huntsville, as follows:
6 (RESOLUTION NO. 03-224)
7 Councilman Watson moved for approval of the foregoing
8 resolution, which motion was duly seconded by Councilman Showers,
9 and was unanimously adopted.
10 Councilman Showers read and introduced a resolution
11 authorizing the acceptance of a planning grant (PLAN) from the
12 Alabama Emergency Management Agency, totaling $61,731.54, as
13 follows:
14 (RESOLUTION NO. 03-225)
15 Councilman Showers moved for approval of the foregoing
16 resolution, which motion was duly seconded by Councilman Russell.
17 Mr. Rusty Russell stated this funding was to rewrite the
18 emergency operations plan and also to include resource management
19 information that had not previously been in the emergency
20 operations plan. He stated that two years prior FEMA had
21 established a new format for an emergency operations plan, based
22 on emergency support functions, which had been adopted by the
23 State. He stated they were required under the grant program to
24 develop the City's emergency operations plan in the new format.
25 President Moon called for the vote on Resolution No. 03-225,
26 and it was unanimously adopted.

33
1 Councilman Kling read and introduced a resolution
2 authorizing the acceptance of Hazard Mitigation Grant Program
3 (HMGP) Grants from the Alabama Emergency Management Agency,
4 totaling $25,000, for the reimbursement of costs incurred
5 building safe rooms by citizens of Huntsville and Madison County,
6 as follows:
7 (RESOLUTION NO. 03-226)
8 Councilman Kling moved for approval of the foregoing
9 resolution, which motion was duly seconded by Councilman Watson.
10 Councilman Watson inquired as to how many persons would be
11 directly affected by this, noting that it was basically for
12 reimbursement to persons who were going to build safe rooms in
13 their homes against tornadoes or any other type disasters that
14 might be covered under the grant.
15 Mr. Russell stated that the average cost of building or
16 renovating an area within a residence across the nation was
17 approximately $5,000. He stated that the grant provided for a
18 25-percent individual match. He stated that based upon the
19 $5,000 figure, the grant would pay up to 75 percent, or $3500,
20 whichever would be lowest. He stated that, therefore, they had
21 enough money to build seven or eight safe rooms in houses.
22 Councilman Watson requested that Mr. Russell look into the
23 possibility of building a major structure at some of the trailer
24 parks in the city, rather than affecting only seven or eight
25 persons. He stated that in this manner they would be offering
26 safety for 50 or 60 families in each of the locations.

34
1 Mr. Rusty Russell stated that he would research this and
2 forward the information to the Council.
3 Councilman Watson stated that he would appreciate it if
4 Mr. Russell could have this available at the next regular meeting
5 of the Council.
6 President Moon called for the vote on Resolution No. 03-226,
7 and it was unanimously adopted.
8 Councilman Showers read and introduced a resolution
9 authorizing the Mayor to enter into an agreement between the
10 Huntsville-Madison County Emergency Management Agency and Lehe
11 Planning, LLC, for professional services for the development of a
12 hazard mitigation plan, as follows:
13 (RESOLUTION NO. 03-227)
14 Councilman Showers moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Russell.
16 Mr. Rusty Russell stated that FEMA had taken a new approach
17 within the prior two years to have in the future performance-
18 based funding of community projects. He stated that there were
19 many repetitive losses, such as flooding repeatedly in certain
20 areas, that required them to have ordinances to stop the losses.
21 He stated that they had required each community nationwide to
22 develop a comprehensive, all-hazards mitigation plan and stated
23 that they were providing funding with which to do this. He
24 stated that the plan had to be completed and approved by
25 October 1, 2004. He stated that should they have a declared
26 disaster after that date and not have an approved plan, they

35
1 would not be eligible for this funding. He stated that the draft
2 plan had to be in the State EMA office by June 22, 2003.
3 President Moon called for the vote on Resolution No. 03-227,
4 and it was unanimously adopted.
5 Councilman Showers read and introduced an ordinance
6 declaring property surplus and conveying said equipment to Triana
7 Police Department, as follows:
8 (ORDINANCE NO. 03-228)
9 Councilman Showers moved for approval of the foregoing
10 ordinance, which motion was duly seconded by Councilman Kling.
11 Mr. Bruce Taylor stated that this concerned two police cars
12 which were being declared surplus and to be conveyed to the
13 Triana Police Department.
14 President Moon called for the vote on Ordinance No. 03-228,
15 and it was unanimously adopted.
16 Councilman Kling read and introduced a resolution
17 authorizing the Mayor to execute a Warrant Purchase Agreement
18 between the City of Huntsville and Morgan Keegan & Co., Inc., as
19 follows:
20 (RESOLUTION NO. 03-229)
21 Councilman Kling moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Watson.
23 Mr. Joffrion stated that the Huntsville Utilities Water
24 Department was refinancing approximately $7 million of its bonds
25 and stated that the bond purchase agreement was identical to all
26 the other bond purchase agreements which were required in

36
1 connection with the issuance of re-funding warrants. He stated
2 that they were asking for Council approval for this.
3 President Moon called for the vote on Resolution No. 03-229,
4 and it was unanimously adopted.
5 Councilman Watson read and introduced a resolution
6 authorizing the Mayor to execute an addendum to the Contract
7 between the City of Huntsville and Municipal Code Corporation, as
8 follows:
9 (RESOLUTION NO. 03-230)
10 Councilman Watson moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Showers.
12 Mr. Joffrion stated that after a number of years, they were
13 at the end of the revision process for the Municipal Code. He
14 stated that they would ask the Council to set a public hearing in
15 the near future on the entire volume of the Municipal Code. He
16 stated that what the resolution would do would be to amend the
17 original contract to provide for the electronic form in which
18 they would receive the information and to establish prices for
19 purchasing additional licenses or additional copies of the Code.
20 Councilman Kling inquired as to whether this could be placed
21 on the City's web site.
22 Mr. Joffrion replied in the affirmative, stating that part
23 of what was included in the agreement was the price for doing
24 this. He stated that the Municipal Code Corporation would
25 publish the Code on its web site and the City would have a link
26 on its web site to Municipal Code Corporation's web site, noting

37
1 that it was less expensive to do it in this manner.
2 President Moon called for the vote on Resolution No. 03-230,
3 and it was unanimously adopted.
4 Councilman Kling read and introduced a resolution
5 authorizing the Mayor to amend the contract with APAC-Alabama,
6 Inc., for Jack Coleman/College Park Drainage Improvements,
7 Project #65-02-DM61, by Change Order No. 1, as follows:
8 (RESOLUTION NO. 03-231)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Watson.
11 Councilman Kling asked for a brief explanation of the above
12 resolution.
13 Mr. Ron Adams stated that the limits of construction on the
14 project had extended up to a tree line and stated that tree roots
15 were damaged in the process of constructing the project. He
16 stated that there were 15 very large trees associated with the
17 project that were determined could not survive and had to be
18 removed. He stated that it was not a matter of just being able
19 to cut the trees, that they had to be climbed and brought down a
20 piece at a time. He stated that, also, it was in a congested
21 area and that they had to be hauled out, noting that this
22 involved a lot of manual labor.
23 Councilman Watson stated that he felt the company should
24 have been able to determine in advance that there would be a
25 problem with the trees so that they would not have to come back
26 with a change order. He stated that he was concerned that the

38
1 bid, with two or three change orders, would make it to a
2 situation where the person who had come in second on the bid was
3 actually less expensive.
4 Mr. Adams stated that the company that bid it was most
5 likely working within the limits of their construction line. He
6 stated that he felt it was just a failure to recognize that the
7 tree roots extended to the extent they did.
8 Councilman Kling inquired as to what would occur if the
9 Council did not approve the change order.
10 Mr. Adams stated that he felt that would be a legal issue.
11 Mr. Joffrion stated the Council should keep in mind that the
12 specifications did not include cutting down the trees, so that
13 any of the other prospective bidders would not have included this
14 item in their proposal. He stated that the work had had to be
15 done and that it needed to be compensated for. He stated that
16 anyone else who might have received the bid would have also come
17 back and asked for the change order.
18 President Moon called for the vote on Resolution No. 03-231,
19 and it was unanimously adopted.
20 Councilman Showers read and introduced a resolution
21 authorizing the Mayor to enter into an agreement with
22 Frances G. Moore for the purchase of property on Derrick Street,
23 as follows:
24 (RESOLUTION NO. 03-232)
25 Councilman Showers moved for approval of the foregoing
26 resolution, which motion was duly seconded by Councilman Watson.

39
1 Mr. Ron Adams stated that when I-565 was constructed, there
2 were two remnants of right-of-way that the City now owned. He
3 stated that these two parcels of land were basically landlocked,
4 that they had no road frontage. He stated that by purchasing
5 this small parcel of land, it would make those two parcels more
6 valuable and would give the City access onto Derrick Street.
7 President Moon called for the vote on Resolution No. 03-232,
8 and it was unanimously adopted.
9 Councilman Kling read and introduced an ordinance to amend
10 Ordinance No. 89-79 (Pay Classification Ordinance) changing the
11 name of the Department of Animal Control to Animal Services, as
12 follows:
13 (ORDINANCE NO. 03-233)
14 Councilman Kling moved that unanimous consent be given for
15 the immediate consideration of and action on said ordinance,
16 which motion was duly seconded by Councilman Watson, and upon
17 said motion being put to vote, the following vote resulted:
18 AYES: Russell, Showers, Kling, Watson, Moon
19 NAYS: None
20 President Moon stated that the motion for unanimous consent
21 for immediate consideration of and action on said ordinance had
22 been unanimously carried.
23 Councilman Kling thereupon moved that said ordinance be
24 finally adopted, which motion was duly seconded by
25 Councilman Watson.
26 Dr. Hill stated that basically they would like for the name

40
1 to reflect what they were doing, in providing service.
2 President Moon called for the vote on Ordinance No. 03-233,
3 and it was unanimously adopted.
4 Councilman Watson read and introduced an ordinance to amend
5 Ordinance No. 92-122 (Animal Control Advisory Committee), to
6 establish the Animal Services Advisory Committee, as follows:
7 (ORDINANCE NO. 03-234)
8 Councilman Watson moved that unanimous consent be given for
9 the immediate consideration of and action on said ordinance,
10 which motion was duly seconded by Councilman Russell, and upon
11 said motion being put to vote, the following vote resulted:
12 AYES: Russell, Showers, Kling, Watson, Moon
13 NAYS: None
14 President Moon stated that the motion for unanimous consent
15 for immediate consideration of and action on said ordinance had
16 been unanimously carried.
17 Councilman Watson thereupon moved that said ordinance be
18 finally adopted, which motion was duly seconded by
19 Councilman Russell.
20 Dr. Hill stated that the Advisory Committee had been
21 established several years prior, in order for the public to be
22 able to express their concerns. She stated that in the last
23 several years, things had been very quiet and the Animal Services
24 Advisory Committee had been considering reducing the number of
25 times they met per year, in required meetings. She stated that
26 they had decided to meet six times a year rather than twelve,

41
1 noting that they could meet more often, depending on need.
2 President Moon called for the vote on Ordinance No. 03-234,
3 and it was unanimously adopted.
4 President Moon stated that the Council would now consider
5 the items that the Mayor had addressed earlier in the meeting.
6 President Moon read and introduced Resolution No. 03-235,
7 authorizing the Mayor to enter into an agreement for preliminary
8 engineering, right-of-way acquisition, and construction between
9 the State of Alabama and the City of Huntsville, Alabama, project
10 NHF-0171, widening University Drive from Indian Creek Road to
11 Rideout Road, Northwest Huntsville in the City of Huntsville,
12 Supplemental Agreement Number 1.
13 President Moon read and introduced Resolution No. 03-236,
14 authorizing the Mayor to enter into an agreement for construction
15 between the State of Alabama and the City of Huntsville, Alabama,
16 Project STPOA-8539, roadway improvements to Meridian Street from
17 Oakwood Avenue to Pratt Avenue in the City of Huntsville,
18 Supplemental Agreement Number 2.
19 Councilman Kling read and introduced a resolution
20 authorizing the Mayor to enter into an agreement for construction
21 between the State of Alabama and the City of Huntsville, Alabama,
22 Project STPAA-CNO2, improvements to various eligible streets in
23 the City of Huntsville, Supplemental Agreement for construction
24 between the State of Alabama and the City of Huntsville, Alabama,
25 Project STPAA-CNO2, improvements to various eligible streets in
26 the City of Huntsville, Supplemental Agreement Number 2, as

42
1 follows:
2 (RESOLUTION NO. 03-237)
3 Councilman Kling moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Watson.
5 President Moon stated that she would make an exception on
6 this matter and accept questions or comments from the public.
7 Jackie Reed appeared before the Council, inquiring as to
8 whether this was for road resurfacing or for the downtown area.
9 President Moon stated it was road resurfacing for the
10 downtown area.
11 Councilman Kling asked Mr. Dinges to list some of the
12 streets on which this had been or would be used.
13 Mr. Dinges stated that at this time they had spent
14 approximately one-third of this money, noting that it was spread
15 throughout the city. He stated that the money was scheduled for
16 fiscal years '02, '03, and '04. He stated that there was quite a
17 bit of money being spent in the downtown area. He stated that
18 the funds had to be spent on collector-type roads. He stated
19 that some of these were California, Bob Wallace, Drake,
20 Monte Sano, many of the downtown roads, Clinton, Church, and
21 Oakwood. He stated that Mr. Abbott could perhaps name some other
22 roads, noting that he was in charge of the project.
23 Mr. Abbott stated that basically the contractor in the
24 downtown area had ceased operations for most of the winter and
25 stated they would be resuming the following Monday on Clinton.
26 He stated that Mr. Dinges had mentioned the majority of the

43
1 roads. He stated that they did have a Phase IV to submit for
2 State approval and a contract to be awarded. He stated they
3 would be adding more streets to the resurfacing list as they
4 completed the three phases.
5 Jackie Reed inquired as to whether they were speaking about
6 the $7.7 million or the $11 million.
7 Mr. Abbott stated that this was the $7.75 million.
8 Ms. Reed inquired as to whether they had already been
9 resurfacing as part of that money.
10 Mr. Abbott replied in the affirmative.
11 Councilman Kling asked that they take a look at Drake Avenue
12 between Whitesburg Drive and the Parkway, noting that there
13 appeared to be one or two lanes which were disintegrating.
14 Mr. Abbott stated that they were doing sections of Drake but
15 they were attempting to avoid the area where the intersection
16 improvements were, noting that this was a timing factor.
17 Councilman Kling stated that the area he was referring to
18 was west of this intersection.
19 President Moon called for the vote on Resolution No. 03-237,
20 and it was unanimously adopted.
21 Councilman Showers read and introduced a resolution
22 authorizing the Mayor to enter into an agreement for preliminary
23 engineering, right-of-way acquisition, and construction between
24 the State of Alabama and the City of Huntsville, Alabama, project
25 ST-045-999-010, street improvements for proposed convention
26 center hotel and retail/entertainment development in the City of

44
1 Huntsville, as follows:
2 (RESOLUTION NO. 03-238)
3 Councilman Showers moved for approval of the foregoing
4 resolution, which motion was duly seconded by Councilman Russell.
5 Mr. Dinges stated this concerned $11.25 million in State
6 Highway funds and that it was for right-of-way acquisition and
7 construction. He stated it involved moving a portion of Monroe
8 Avenue and building a new connection between Monroe and the
9 Parkway, at approximately where St. Clair entered the Parkway,
10 and also making minor improvements to bridges on Holmes and
11 Clinton, so that the future greenway could be built underneath
12 these bridges with other Federal money obtained through the Corps
13 of Engineers. He stated that the funds were scheduled over three
14 years, fiscal years '03, '04, and '05, at $3.75 million per year.
15
16 He stated that this was a project that the Council had approved
17 the agreement previously and that Governor Riley had approved it
18 and sent it to them for reapproval so he could sign it.
19 Ms. Jackie Reed inquired as to whether this would be for
20 greenways under the bridges or for a riverwalk. She inquired as
21 to whether this 11.4 million could be used only for this specific
22 portion of the downtown area.
23 Mr. Abbott replied in the affirmative.
24 Mr. Joffrion stated that it was actually a flood control
25 project. He stated that the Council had previously received a
26 grant from the Corps of Engineers, which was yet to be
27 implemented, which would allow for flood and drainage

45
1 improvements along the creeks. He stated that this grant did not
2 provide money for the bridge improvements at the streets that
3 Mr. Dinges had just mentioned. He stated that in order to make
4 the project complete, the bridges at Clinton and Holmes would
5 have to be widened where they intersected with the creek itself.
6 Councilman Kling inquired if it was correct that this was a
7 road project, that it was for roads, bridges, and right-of-way
8 only for the construction of a road.
9 Mr. Dinges replied in the affirmative, noting that the roads
10 were important for access to the downtown area and were needed
11 whether or not there would be a hotel. He stated this would be a
12 big improvement as far as access to the entire downtown area.
13 President Moon called for the vote on Resolution No. 03-238,
14 and it was unanimously adopted.
15 President Moon stated that the next item on the agenda was
16 Legal Department Items/Transactions.
17 Councilman Watson read and introduced an ordinance to vacate
18 30-foot utility and drainage easement, Lots 2 & 5, D.C. Park,
19 Plat Book 43, Page 90 (D.C. Park; Waddell), as follows:
20 (ORDINANCE NO. 03-239)
21 Councilman Watson moved for approval of the foregoing
22 ordinance, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 Councilman Watson read and introduced an ordinance to vacate
25 north (rear) 5-foot utility and drainage easement, Lot 5,
26 Weschase Subdivision, Plat Book 17, Page 27 (Weschase Row;

46
1 Wiesman), as follows:
2 (ORDINANCE NO. 03-240)
3 Councilman Watson moved for approval of the foregoing
4 ordinance, which motion was duly seconded by Councilman Kling,
5 and was unanimously adopted.
6 Councilman Watson read and introduced an ordinance to vacate
7 10-feet of 20-foot U & D Easement at South Side and Rear Property
8 Lines, Lot 11, Block 10, Whitesburg Estates, Plat Book 2,
9 Page 213 (Mythewood Drive; Brooks), as follows:
10 (ORDINANCE NO. 03-241)
11 Councilman Watson moved for approval of the foregoing
12 ordinance, which motion was duly seconded by Councilman Kling,
13 and was unanimously adopted.
14 President Moon inquired as to whether there were any
15 Non-Roster Communications from the Public.
16 Ms. Jackie Reed appeared before the Council, inquiring as to
17 whether they were going to put only two drainage pipes in the
18 College Park project and leave the open ditch.
19 President Moon stated that she would like to direct Ms. Reed
20 to discuss this matter with Mr. Cunningham.
21 Upon motion, duly seconded, it was voted to adjourn.
22
23
24
25 _____________________________
26 PRESIDENT OF THE CITY COUNCIL
27 ATTEST:
28
29
30
31 ______________________________
32 CITY CLERK-TREASURER
33