1 1 MINUTES OF THE REGULAR MEETING 2 OF THE CITY COUNCIL OF HUNTSVILLE
MinutesAI Summary
The Huntsville City Council held a regular meeting on March 13, 2003, with all five council members and Mayor Spencer present. The council approved the previous meeting's minutes and discussed procedural changes to add four agenda items following the Mayor's trip to Montgomery to receive positive community news. The meeting included recognitions for the Huntsville Figure Skating Club's hosting of the National Synchronized Figure Skating event, a donation of artwork to Animal Control to promote pet adoption awareness, and the introduction of a resolution honoring Symphony Conductor Taavo Virkhaus upon his retirement.
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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
More minutes from Huntsville
The Huntsville City Council held a regular meeting on January 23, 2003, with President Moon presiding and Councilpersons Russell, Kling, and Watson present. During the meeting, City Engineer Tom Cunningham recognized Mike Fulton, manager of the real estate division, with an Outstanding Performance Award for coordinating the donation of approximately 200 acres of land to the City by local property owners, which is planned for development into ball parks and recreational facilities. The Council also presented a certificate of appreciation to Jan Mason for her service on the Beautification Board.
AI summary