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 JANUARY 23, 2003
4
5 The Honorable Council of the City of Huntsville, Alabama,
6 met in regular session on January 23, 2003, at 6 p.m., in the
7 Council Chambers of the Municipal Building, there being present:
8 President: Moon
9 Councilpersons: Russell, Kling, Watson
10 Absent: Showers
11 Administrative Assistant: Hatfield
12 City Attorney: Joffrion
13 City Clerk-Treasurer: Hagood
14 President Moon called the meeting to order.
15 Pastor Michael Crenshaw of The People of God Christian
16 Fellowship led the invocation; members of Boy Scout Troop 4 from
17 Meridianville led the pledge of allegiance.
18 President Moon stated that Councilman Showers and
19 Mayor Spencer would not be in attendance at the meeting.
20 President Moon stated that the minutes of the meeting of the
21 Council on January 9, 2003, had not been received.
22 Mr. Terry Hatfield asked that Mr. Tom Cunningham,
23 City Engineer, come forward for a presentation.
24 Mr. Cunningham thanked the Council for the opportunity to be
25 able to recognize the contributions of one of his employees. He
26 stated that Mike Fulton was the manager of the real estate
27 division and noted that his office was responsible for acquiring
28 the many pieces of property necessary to implement the capital
29 improvement plans, such as sewers, drainage, roadways, industrial
30 sites, et cetera. He stated that not only did this position

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1 require a great deal of knowledge of appraisal and real estate
2 law but also required having great people skills.
3 Mr. Cunningham stated that at this time Mr. Fulton was being
4 recognized for applying his skills in coordinating and assisting
5 in the donation of two tracts of land to the City by local
6 property owners. He stated that these tracts totaled
7 approximately 200 acres and were tentatively planned to be
8 developed into ball parks and other recreational uses for the
9 benefit of all the citizens of Huntsville.
10 Mr. Cunningham expressed appreciation to Mr. Fulton for his
11 role in the donation of this property to the City. He stated
12 that in recognition of this he was presenting a plaque that
13 stated "Outstanding Performance Award, Fourth Fiscal Quarter,
14 2002."
15 Mr. Fulton expressed appreciation for the award. He also
16 thanked the Mayor and the Council for implementing the policy
17 that recognized City employees.
18 Mr. Hatfield stated that the Mayor was not present because
19 she was in attendance at a reception for the Governor.
20 President Moon stated that a certificate of appreciation had
21 been presented to Jan Mason for service rendered to the
22 Beautification Board from February 28, 2002, through December 19,
23 2002.
24 President Moon stated that the next item on the agenda was
25 Public Hearings to be Held.
26 President Moon stated that it was the time and place in the

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1 meeting for a public hearing on Ordinance No. 02-1005, to amend
2 the Residential Parking Modifications of the Zoning Ordinance,
3 which hearing had been set at the Council meeting of December 12,
4 2002.
5 Ms. Marie Bostick, Planning Department, stated that
6 currently the zoning ordinance regulated commercial vehicles and
7 trucks that weighed more than 9,000 pounds in gross vehicle
8 weight. She stated that the subject amendment would add buses to
9 this category. She stated that there was also a time stipulation
10 within the ordinance, whereby if it were adopted that within
11 90 days after the effective date of the ordinance, any vehicle
12 parked on a residential lot would have to be brought into
13 compliance with the ordinance.
14 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
15 Council, inquiring as to whether this ordinance would have
16 anything to do with large trucks parking in neighborhood business
17 areas. She stated that this matter certainly needed to be
18 addressed, noting that large trucks had been sitting in and out
19 of the neighborhoods for several years.
20 Ms. Bostick stated that the subject ordinance dealt only
21 with parking in residential areas, not commercial areas.
22 Mr. Jerry Cox, 4029 Telstar Circle, stated that one of the
23 situations that existed in his community had brought light to
24 this change in the ordinance. He stated that the ordinance
25 needed to be adopted to help residents in his neighborhood
26 correct a situation that degraded the neighborhood. He stated

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1 that it was his opinion this would only be a part of the solution
2 and that they needed to continue to work on a full solution for
3 the problem, noting that this concerned inoperable vehicles and
4 the accumulation of trash, litter, et cetera. He urged the
5 Council to pass this ordinance at this time but not to get
6 complacent that they had solved the problem.
7 Mr. Michael Mohlere, 123 Westbury, stated that he had
8 previously lived in Mr. Cox's neighborhood, on Millvale Drive,
9 and stated that his concern was the same as Mr. Cox's regarding
10 the adoption of the ordinance, that it certainly needed to be
11 adopted. He stated that he felt the exception for RV's was
12 really at the crux of the problem. He proposed that the Council
13 consider grandfathering in the existing RV's and going straight
14 to the three-quarter ton rule they had had previously, stating
15 that the fact of the matter was that the largest RV being sold at
16 this time was 45 feet in length, 12 feet in height, and
17 8 1/2 feet wide. He stated that three of these RV's were larger
18 than most of the homes in the area. He stated that parking one
19 of these in the front yard would consume probably 50 percent of
20 said yard.
21 Mr. Mohlere stated that he had a typed opinion that he would
22 like to furnish the Council, along with a photograph of an RV.
23 He stated that there were many counties that did not provide for
24 RV's to be parked in the front yard of a residence. He stated
25 that he also had a copy of such an ordinance from one of these
26 counties.

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1 Mr. Ed Porch, 403 Harolds Drive, appeared before the
2 Council, stating that he owned the property located at
3 3907 Telstar Circle. He stated that he was in agreement with
4 Mr. Cox concerning the parking of vehicles, trash, et cetera. He
5 urged the Council to pass the subject ordinance. He stated that
6 he did not have a problem with RV's that were being used but that
7 he did have a problem with vehicles such as an old school bus
8 that had been sitting for over two years and was never started.
9 He stated that something certainly needed to be done about this
10 situation.
11 Mr. Billy Wilson, 3910 Telstar Circle, appeared before the
12 Council, stating that he lived right in front of the blue bus.
13 He stated that he was present with Mr. Cox to ask the Council to
14 please adopt the subject ordinance. He stated that it was not a
15 pleasant sight to walk out of your house each morning and be met
16 by a blue bus and all the debris that was in the neighborhood.
17 He stated that he no longer invited people to his home because he
18 was embarrassed about what was going on in the area. He urged
19 the Council to help the residents in his area with this problem,
20 noting that they were doing what they could to maintain their
21 neighborhood and their community.
22 Councilman Kling moved for approval of Ordinance
23 No. 02-1005, to amend the Residential Parking Modifications of
24 the Zoning Ordinance, which was introduced at the Council meeting
25 of December 12, 2002, as follows:
26 (ORDINANCE NO. 02-1005)

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1 Said motion was duly seconded by Councilman Watson.
2 Councilman Kling noted that he felt everyone understood the
3 Council was dealing with neighborhood issues throughout the city.
4
5 He stated that they had had numerous occasions upon which they
6 had heard complaints and concerns from residents of the
7 Bailey/Patton Estates neighborhood area and stated he felt
8 everyone was familiar with the problems in the area.
9 Councilman Kling stated that the City staff he had worked
10 with had been very helpful and had worked to come up with a fair
11 and reasonable modification which would be effective citywide.
12 He stated that during this process they had identified buses in
13 various areas of the city. He stated this was something which
14 was a citywide problem and noted that he felt they were taking
15 steps to help neighborhoods throughout the city with this problem
16 and that he certainly felt it was a good action for the Council
17 to take at this time.
18 Councilman Watson inquired of Mr. Joffrion as to whether the
19 phrase "bus conversions" as used in the ordinance would refer to
20 bus conversions such as $300,000 conversions.
21 Mr. Joffrion stated that he felt what Mr. Watson was
22 referring to were vehicles which were originally manufactured as
23 motor homes but were on bus chassis and cost considerable sums of
24 money. He stated that this ordinance would not apply to such a
25 vehicle. He stated that the interpretation of "conversion" would
26 be that of a bus which was originally used for the transportation
27 of individuals from one place to another which was then

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1 subsequently converted to a motor home, or some other use.
2 Councilman Watson stated that he wanted to get that on the
3 record for purposes of clarification.
4 President Moon called for the vote on Ordinance No. 02-1005,
5 and it was unanimously adopted.
6 President Moon stated that the next item on the agenda was
7 Communications from the Public.
8 Mr. Jerry Cox appeared before the Council, stating that he
9 had signed up to speak concerning the location of a group home in
10 his neighborhood but that after he had signed up for this, he had
11 spoken with a department head who had asked that he hold off on
12 his comments for a few days. He stated he would like to claim
13 two minutes of his time at the next Council meeting.
14 Dr. Sandra Marks Lance, 204 Drummond Road, appeared before
15 the Council, stating that on the previous day she had been
16 informed by a Huntsville police officer she would be subject to
17 some sort of police action against her if she wanted to stand on
18 a public sidewalk and hold a poster without a permit. She stated
19 that she felt to be required to have a permit for a single
20 individual to stand and exercise her Constitutional right to free
21 speech was not what the founding fathers had in mind when they
22 included that in the Constitutional rights. She stated she had
23 since done some homework on this matter which she would like to
24 share with the Council.
25 Dr. Lance stated that she had also communicated with several
26 persons in the County concerning this matter, including

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1 Sheriff Dorning. She stated that the response she had received
2 from him was that one did not need anything in writing to
3 exercise one's Constitutional rights on County property. She
4 stated she had learned that in the city one had to contact
5 Sgt. Jim Smith and get a multi-page form, which she stated
6 required over 35 minutes to fill out, and that one had to have
7 two witnesses, and had to submit the form the day before one
8 wished to participate in such activity.
9 Dr. Lance stated that after she had learned from this police
10 officer that this would be subjecting her to police action, she
11 had gone to the City Council offices and had learned that
12 President Moon was her Councilwoman. She stated she had been
13 sent down to the Third Floor and had been provided Ordinance
14 71-117. She stated that in this ordinance she had read that it
15 only applied if there were two or more persons. She stated she
16 then felt that the officer was misinformed by advising her this
17 applied to one person. She stated she had then gone to the
18 office of the Chief of Police to file an inquiry concerning this
19 and had then been advised that one person might be obstructing a
20 sidewalk. She stated she felt if she were going to be
21 obstructing a sidewalk, the sidewalks perhaps needed to be
22 widened.
23 Dr. Lance stated she was then advised she needed to file a
24 request with Sgt. Smith. She stated she had met with Sgt. Smith
25 and he had provided her an updated ordinance, 97-611, informing
26 her that the one she had received at the recommendation of the

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1 Council was out of date.
2 Dr. Lance stated that her position was that a "special
3 event" definition stated that it was a "gathering of persons,"
4 noting that this meant more than one person and would, therefore,
5 not apply to one person. She stated, however, that Sgt. Smith
6 had pointed out to her that there was language stating that "no
7 person shall engage," et cetera. She stated that these two
8 issues needed to be addressed by the Council because they were in
9 conflict.
10 Dr. Lance stated, however, that the bigger issue was that
11 the purpose of having a permit was to protect the public if there
12 were going to be some large gathering of persons and there needed
13 to be arrangements made for the public safety, et cetera. She
14 stated she felt to require one person to have to go through all
15 of this if they wanted to stand on a public street and hold up a
16 sign was unnecessary. She stated that for someone to even have
17 on a t-shirt might be considered to have a sign that might be in
18 violation of this ordinance. She inquired as to whether this was
19 really what the Council wanted in the ordinance.
20 Dr. Lance stated that she would like to work with
21 Councilwoman Moon on this matter. She stated that the last time
22 this had been approved was in 1997 and stated that she felt it
23 needed to be looked at to see if this was the intent of the
24 Council.
25 President Moon stated that she would certainly work with
26 Dr. Lance on this. She asked Mr. Joffrion to comment on the

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1 situation.
2 Mr. Joffrion stated that Ordinance 97-611 did apply to just
3 one person, although it did not state this expressly. He stated
4 that the definition of "special event" referred to any other such
5 activity or gathering of persons. He stated that, therefore, if
6 the activity involved one person, or if there were a gathering of
7 persons, then it would certainly be applicable. He stated that
8 the provision was consistent with Section 18.103, where it
9 prohibited any individual person from engaging in or
10 participating in activities that were not allowed under the
11 ordinance. He stated that this did not address the policy issue
12 of whether it should apply to one person but stated that in his
13 opinion it did apply to one person.
14 President Moon asked that Dr. Lance call the Council office
15 and set up an appointment with her to discuss this matter.
16 Dr. Lance stated that she would like to further point out
17 that if one were standing on the steps or above the steps at the
18 County Courthouse, there was no requirement for any type of
19 permit, no matter how many people were present, but that if one
20 stepped onto the sidewalk, then one single person would not be
21 allowed to hold a sign without a permit.
22 President Moon stated that she understood that part of the
23 issue had to do with the public right-of-way, as well.
24 Mr. Ed Porch, 403 Harolds Drive, stated that he had already
25 commented concerning the parking but stated he did have some
26 photographs of the neighborhood which he would like to submit to

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1 the Council.
2 Ms. Jackie Reed, 303 Jack Coleman, appeared before the
3 Council, stating she was very thankful for the sunshine earlier
4 in the day which had melted all the snow and stated she wanted
5 the Council members to consider what would happen if there were
6 really winter conditions in the city. She stated that Butler
7 Hill had stayed icy all day. She stated that the old garbage
8 trucks which had been disposed of were supposed to have had some
9 things purchased to go behind them to drop salt and sand. She
10 stated that the Council should look into this matter.
11 Ms. Reed stated that the citizens in the city were concerned
12 about the missile located at the Parkway and Airport Road, noting
13 that it needed painting. She asked that someone look into this
14 situation.
15 Ms. Reed stated she felt that downtown revitalization was a
16 waste of taxpayers' dollars. She stated she had read in the
17 newspaper concerning putting approximately $11 million of State
18 grant money into the downtown area. She stated she felt the
19 Council should look all over the city and do their homework
20 before this were done.
21 Ms. Reed stated she was also concerned about an article she
22 had read in the newspaper about Electric Avenue and a $50 million
23 tax credit. She stated the article stated a City financial
24 advisor, Mr. Phil Dotts, was seeking a $50 million tax credit
25 through the Treasury Department for this project. She inquired
26 as to how the City's financial advisor could also work for

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1 Electric Avenue. She inquired as to whether this would be a
2 conflict of interest. She stated she felt someone certainly
3 needed to look into this matter.
4 President Moon stated she was aware that Mr. Dotts had his
5 own independent company. She stated the City had a contract with
6 him and he was also certainly free to contract with anyone else,
7 noting that he worked for several cities and not just Huntsville.
8 President Moon stated the next item on the agenda was Board
9 Appointments to be Voted On.
10 Councilman Kling read and introduced a resolution to
11 reappoint Dorothy Dixon to the Beautification Board, for a term
12 to expire February 10, 2006, as follows:
13 (RESOLUTION NO. 03-55)
14 Councilman Kling moved for approval of the foregoing
15 resolution, which motion was duly seconded by Councilman Watson,
16 and was unanimously adopted.
17 Councilman Russell read and introduced a resolution to
18 appoint Crawford Howard to the Bingo Review Committee, for a
19 partial term to expire April 8, 2003, as follows:
20 (RESOLUTION NO. 03-56)
21 Councilman Russell moved for approval of the foregoing
22 resolution, which motion was duly seconded by Councilman Kling,
23 and was unanimously adopted.
24 President Moon stated the next item on the agenda was Board
25 Appointment Nominations.
26 President Moon nominated Mary Peoples for reappointment to

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1 the Beautification Board, for a term to expire February 10, 2006.
2 President Moon nominated Judith Elmes for reappointment to
3 the Beautification Board, for a term to expire February 10, 2006.
4 President Moon stated the next item on the agenda was
5 Approval of Expenditures.
6 Councilman Kling read and introduced a resolution
7 authorizing the expenditures for payments, as follows:
8 (RESOLUTION NO. 03-57)
9 Councilman Kling moved for approval of the foregoing
10 resolution, which motion was duly seconded by Councilman Watson,
11 and was unanimously adopted.
12 Councilman Kling stated that the Finance Committee was
13 continuing to look into the options concerning City insurance and
14 stated that he would keep the Council members informed concerning
15 this matter.
16 President Moon stated that the next item on the agenda was
17 Communications from Council Members.
18 Councilman Russell stated he would like to inform the
19 residents in the south part of the city that there had been a
20 meeting concerning the Aldridge Creek improvements and that this
21 matter was progressing. He stated that work on the bridge on
22 Sherwood Drive should commence sometime in February. He stated
23 this would be an inconvenience for awhile but that it had to be
24 done in order to protect the homes from flooding.
25 Councilman Watson stated there had been a delay in the
26 building of the walking overpass to protect the elementary

14
1 students on University Drive and stated that as of February 10
2 they would commence busing these children, noting that this was a
3 much safer way of getting them across University Drive. He
4 stated that the crossing guards at this location would not be
5 removed, noting that if a child were late, there would still be a
6 crossing guard present. He stated his biggest concern was that
7 there might be an accident before the bridge could be completed.
8 He stated he had spoken with the architect for this project and
9 had been advised that within four weeks he would have available
10 the revised version of the bridge, which he stated would be much
11 less expensive.
12 Councilman Watson stated he had spoken with Senator Enfinger
13 about the matter and that he had explained to him they would meet
14 in February and that with the new information, they would
15 hopefully be able to get the project back on track as soon as
16 possible. He stated that it had been very disappointing to him
17 that the State had turned down the project. He stated, however,
18 that he felt they would soon be able to get this matter taken
19 care of.
20 Councilman Kling stated he was very concerned about the
21 matter of the overpass on University Drive. He stated that even
22 though this had appeared to be a district issue in
23 Councilman Watson's district, he felt it had at this time reached
24 the point where it was an issue the city as a whole should be
25 more concerned about. He noted he felt this was an important
26 issue and that it was not a political issue, that it was about

15
1 the children.
2 Councilman Kling stated that there had been an agreement
3 reached with the State concerning this matter and stated that he
4 would like to read some of the language from this agreement
5 directly into the record. He stated that there was a chart which
6 listed the estimated costs, with the City of Huntsville
7 contributing $200,000, the City School Board contributing
8 $200,000, and the State contributing $200,000, to arrive at the
9 estimated $600,000. He stated that there was a clause in the
10 contract which stated "It is understood the above is an estimate
11 only, and in the event the final cost exceeds the estimate, the
12 State will be responsible for overrun costs over $600,000." He
13 stated that by Federal law, they were required to comply with the
14 Americans with Disabilities Act. He stated that this had raised
15 the cost of the project. He stated that compared to the
16 $50 million the City had lost from the school system because of
17 the equity funding lawsuit, the overrun of approximately $344,000
18 on the overpass was a small amount. He stated that this contract
19 had been entered into among the City, the School Board, and the
20 State more than a year prior.
21 Councilman Kling stated that he was aware that a new
22 administration had taken office in Montgomery since that time but
23 noted the agreement had been with the State of Alabama.
24 Councilman Kling stated he felt the Council should take some
25 action on this. He suggested that the Council authorize
26 Mr. Joffrion to file suit or take whatever action was needed in

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1 this regard on behalf of the taxpayers, noting that he felt the
2 Council had a right to look after the interests of the taxpayers.
3 Councilman Kling moved that the City Council authorize the
4 City Attorney to file the appropriate lawsuit, seeking
5 enforcement of the contract that the City had with the State.
6 Councilman Watson stated that he certainly appreciated
7 Councilman Kling's support but noted that he was concerned about
8 pursuing such an action against the State, noting that the State
9 had put millions of dollars into the City.
10 Councilman Kling's motion was duly seconded by
11 President Moon.
12 Councilman Kling stated he understood Councilman Watson's
13 comments but that he felt with the amount of tax money the City
14 was sending to Montgomery, they had a right to expect something
15 to come back. He noted that the City had already spent a large
16 amount of money on this project. He stated he felt this could
17 also happen on future projects and certainly felt the Council
18 should take some action concerning this matter. He reiterated
19 that he felt the contract was very clear.
20 President Moon noted that she was in agreement with
21 Councilman Watson's concerns about this matter. She stated that
22 for that reason she would not be able to support the motion on
23 the floor.
24 Councilman Kling stated he could certainly understand the
25 other Council members' position on this matter. He stated that
26 in the future he would certainly be very cautious and very

17
1 skeptical of any agreements with the State. He stated he felt
2 this matter was an important issue to the district and also
3 citywide and stated he was very concerned that they could not
4 trust the State on this matter.
5 President Moon called for the vote on the above motion, and
6 the following vote resulted:
7 AYES: Kling
8 NAYS: Russell, Moon, Watson
9 ABSENT: Showers
10 President Moon stated that the motion had failed.
11 President Moon stated the next item on the agenda was New
12 Business Items for Consideration or Action.
13 Councilman Watson read and introduced a resolution
14 authorizing the issuance of advance travel funds for Huntsville
15 Fire & Rescue and Animal Control, as follows:
16 (RESOLUTION NO. 03-58)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the acceptance of donation in the amount of $1,200
22 from Wal-Mart to Huntsville Fire & Rescue to be used as needed
23 for Station #8; donation of $156 to the DARE Program from the
24 Mohlere Family in memory of Stanley Mohlere; and donation of $25
25 to the Police Chaplain from David and Roy Bouska, as follows:
26 (RESOLUTION NO. 03-59)

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1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Kling,
3 and was unanimously adopted.
4 Councilman Watson read and introduced an ordinance to amend
5 Budget Ordinance No. 02-721, adopted and approved on September
6 25, 2002, within the 6 1/2 mill tax special revenue fund
7 establishing an appropriation to the Huntsville City Schools in
8 the amount of $1,500,000, as follows:
9 (ORDINANCE NO. 03-60)
10 Councilman Watson moved for approval of the foregoing
11 ordinance, which motion was duly seconded by Councilman Kling,
12 and was unanimously adopted.
13 Councilman Watson read and introduced an ordinance to amend
14 Budget Ordinance No. 01-721, adopted and approved on
15 September 26, 2002, by recognizing a donation and establishing a
16 special appropriation to the Village, Inc., for their Interfaith
17 Project NOAH, as follows:
18 (ORDINANCE NO. 03-61)
19 Councilman Watson moved for approval of the foregoing
20 ordinance, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Watson read and introduced an ordinance to amend
23 Budget Ordinance No. 02-721, adopted and approved on
24 September 26, 2002, within the 1990 Annual Fund, pursuant to
25 Resolution 03-27 recognizing a donation and increasing funding
26 for the John Hunt Park Field #4 lighting project, as follows:

19
1 (ORDINANCE NO. 03-62)
2 Councilman Watson moved for approval of the foregoing
3 ordinance, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Watson read and introduced an ordinance to amend
6 Budget Ordinance No. 02-721, adopted and approved on
7 September 26, 2002, within the Annual Fund, reducing funding for
8 the HRMS Payroll System project and increasing funding for the
9 purchase of motor equipment, as follows:
10 (ORDINANCE NO. 03-63)
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 Councilman Watson read and introduced a resolution
15 authorizing the Mayor to enter into agreements with the low
16 bidders meeting specifications as outlined in the attached
17 Summary of Bids for Acceptance, as follows:
18 (RESOLUTION NO. 03-64)
19 Councilman Watson moved for approval of the foregoing
20 resolution, which motion was duly seconded by Councilman Kling,
21 and was unanimously adopted.
22 Councilman Watson read and introduced a resolution
23 authorizing the Mayor to execute an Agreement between the City of
24 Huntsville and Huntsville Radio Service, Inc., for the Outdoor
25 Siren Warning Equipment and Related Components for the Emergency
26 Management Department, as follows:

20
1 (RESOLUTION NO. 03-65)
2 Councilman Watson moved for approval of the foregoing
3 resolution, which motion was duly seconded by Councilman Kling,
4 and was unanimously adopted.
5 Councilman Watson read and introduced an ordinance declaring
6 certain equipment surplus and to be sold at auction, as follows:
7 (ORDINANCE NO. 03-66)
8 Councilman Watson moved for approval of the foregoing
9 ordinance, which motion was duly seconded by Councilman Kling,
10 and was unanimously adopted.
11 Councilman Watson read and introduced a resolution
12 authorizing the acceptance of Hazardous Materials Planning Grant
13 (HMEP) grant from the Alabama Emergency Management Agency,
14 totaling $11,000, for planning and exercises of first response
15 personnel in Madison County, as follows:
16 (RESOLUTION NO. 03-67)
17 Councilman Watson moved for approval of the foregoing
18 resolution, which motion was duly seconded by Councilman Kling,
19 and was unanimously adopted.
20 Councilman Watson read and introduced a resolution
21 authorizing the Clerk-Treasurer to invoke subdivision sidewalk
22 letter of credit for Knox Creek, Seventh Addition, as follows:
23 (RESOLUTION NO. 03-68)
24 Councilman Watson moved for approval of the foregoing
25 resolution, which motion was duly seconded by Councilman Kling,
26 and was unanimously adopted.

21
1 Councilman Watson read and introduced a resolution
2 authorizing the Clerk-Treasurer to invoke subdivision sidewalk
3 letter of credit for Saddle Ridge Subdivision, as follows:
4 (RESOLUTION NO. 03-69)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 Councilman Watson read and introduced a resolution
9 authorizing the Clerk-Treasurer to invoke subdivision sidewalk
10 letter of credit for Heritage of Monte Sano Subdivision, as
11 follows:
12 (RESOLUTION NO. 03-70)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Kling,
15 and was unanimously adopted.
16 Councilman Watson read and introduced a resolution
17 authorizing the Mayor to enter into an agreement with Garver
18 Engineers for Professional Surveying Services for Mastin Lake
19 Road Improvements, Project #ST-045-999-006 & Project
20 #ST-045-999-009, as follows:
21 (RESOLUTION NO. 03-71)
22 Councilman Watson moved for approval of the foregoing
23 resolution, which motion was duly seconded by Councilman Kling,
24 and was unanimously adopted.
25 Councilman Watson read and introduced a resolution
26 authorizing the Mayor to enter into an agreement with Garver

22
1 Engineers for Construction Administration Services for Mastin
2 Lake Road Improvements, Project #ST-045-999-006 & Project
3 #ST-045-999-009, as follows:
4 (RESOLUTION NO. 03-72)
5 Councilman Watson moved for approval of the foregoing
6 resolution, which motion was duly seconded by Councilman Kling,
7 and was unanimously adopted.
8 Councilman Kling read and introduced an ordinance to
9 authorize the issuance of General Obligation Warrants, Series
10 2003-A, dated February 1, 2003, in the amount of $24,700,000, for
11 the purpose of financing the construction of Huntsville High
12 School and preliminary project costs in TIF District 3, as
13 follows:
14 (ORDINANCE NO. 03-73)
15 Councilman Kling moved that unanimous consent be given for
16 the immediate consideration of and action on said ordinance,
17 which motion was duly seconded by Councilman Watson and upon said
18 motion being put to vote, the following vote resulted:
19 AYES: Russell, Kling, Watson, Moon
20 NAYS: None
21 ABSENT: Showers
22 President Moon stated that the motion for unanimous consent
23 for immediate consideration of and action on said ordinance had
24 been unanimously carried.
25 Councilman Kling thereupon moved that said ordinance be
26 finally adopted, which motion was duly seconded by

23
1 Councilman Watson.
2 Councilman Kling asked that the Council be furnished a
3 general overview of this ordinance for the benefit of the public.
4 Mr. Randy Taylor stated that the ordinance concerned the
5 bond issue which would finance the reconstruction of Huntsville
6 High School. He stated that $20 million would be used for that
7 purpose, with $10 million fulfilling the City's TIF 2 commitment
8 to the School Board to assist in this project, and that
9 $10 million would be repaid from school funds. He stated that
10 $5 million of the bond issue would be used to commence the
11 infrastructure and also for some school projects in the TIF 3
12 area, beginning the City's commitment to the school system on
13 this, as well. He stated that the bonds had been purchased at an
14 average interest rate of approximately 4 1/2 percent, stating
15 that this was very good in the market at this time and was
16 comparable to the rate they had borrowed at in 1998.
17 President Moon called for the vote on Ordinance No. 03-73,
18 and it was unanimously adopted.
19 Councilman Kling read and introduced a resolution
20 authorizing the Mayor to approve Claims and Loss Control Services
21 Agreement between the City of Huntsville and Attenta, as follows:
22 (RESOLUTION NO. 03-74)
23 Councilman Kling moved for approval of the foregoing
24 resolution, which motion was duly seconded by Councilman Watson.
25 Mr. Joffrion stated that the subject resolution concerned a
26 contract which had been formerly held by Southern Risk Services,

24
1 whose name had been changed to "Attenta." He stated that this
2 was for the administration of workers' comp claims and payments.
3 He stated that the contract was expiring and needed to be
4 renewed.
5 President Moon called for the vote on Resolution No. 03-74,
6 and it was unanimously adopted.
7 Councilman Watson read and introduced a resolution
8 authorizing the Mayor to enter into an agreement with Garver
9 Engineers for Construction Administration Services for Whitesburg
10 Drive and Drake Avenue Intersection Improvements, Project
11 #ST-045-888-006, as follows:
12 (RESOLUTION NO. 03-75)
13 Councilman Watson moved for approval of the foregoing
14 resolution, which motion was duly seconded by Councilman Russell.
15 Mr. Cunningham stated that this item, item 15.p, and
16 item 15.q were companion items, dealing with the same project and
17 services performed by the same company. He stated that the
18 resolution on the floor at this time was for construction
19 administrative services, which would include on-site inspection,
20 review of shop drawings and review of fabrication drawings. He
21 stated that item 15.q concerned surveying services in order to
22 measure the pay-item quantities in the field, to ensure they
23 would be getting that for which they were paying.
24 Councilman Kling urged Mr. Cunningham to attempt to wait
25 until the extreme cold weather had passed before they would get
26 into the project far enough that the roadway would be blocked,

25
1 with the road being torn up, et cetera. He stated he was
2 concerned with this road being blocked off for any period of time
3 in excess than would be absolutely necessary.
4 Mr. Cunningham stated that the weather conditions had been a
5 hindrance and that they did not expect any major letup in this in
6 the next few weeks or months. He stated that, however, they were
7 attempting to forge ahead with the project. He stated he felt
8 the utility relocation would take some time and most likely push
9 them into better weather before the roadway construction would
10 actually commence.
11 Councilman Kling stated this was what he was hoping he would
12 hear from Mr. Cunningham.
13 Mr. Cunningham stated his department was very sensitive to
14 the delays and inconveniences which this project would cause the
15 traveling public and that certainly when they got to a point that
16 they would begin extensive work on this project, they wanted to
17 make everyone aware of this and try to minimize any inconvenience
18 and delay.
19 President Moon called for the vote on Resolution No. 03-75,
20 and it was unanimously adopted.
21 Councilman Watson read and introduced a resolution
22 authorizing the Mayor to enter into an agreement with
23 Garver Engineers for Professional Surveying Services for
24 Whitesburg Drive and Drake Avenue Intersection Improvements,
25 Project #ST-045-888-006, as follows:
26 (RESOLUTION NO. 03-76)

26
1 Councilman Watson moved for approval of the foregoing
2 resolution, which motion was duly seconded by Councilman Russell.
3 President Moon called for the vote on Resolution No. 03-76,
4 and it was unanimously adopted.
5 Councilman Russell read and introduced a resolution
6 authorizing the Mayor to enter into an agreement with Garver
7 Engineers for Construction Administration Services for Monte Sano
8 Sewer, Phase II, Project #CS010307-09-04, as follows:
9 (RESOLUTION NO. 03-77)
10 Councilman Russell moved for approval of the foregoing
11 resolution, which motion was duly seconded by Councilman Watson.
12 Mr. Cunningham stated that the subject contract was for
13 resident inspection services for the project, noting this meant
14 the consultant would provide a full-time inspector on the
15 project. He stated that this inspector would be performing a
16 number of different tasks, noting one of the major items would be
17 coordinating the major activities of not only WPC, the City's
18 crews doing the main line work, but also coordinating the
19 activities of the grinder pump installations with the property
20 owners and the contractor. He stated this had expedited the work
21 in the past on Phase I and it had been a very positive experience
22 working in this manner on the project.
23 President Moon called for the vote on Resolution No. 03-77,
24 and it was unanimously adopted.
25 Councilman Watson read and introduced an ordinance to amend
26 Budget Ordinance No. 02-721 by reducing the appropriation for

27
1 Council Directed Projects, account number 01-6800-0510-7105 in
2 the amount of $400, and by increasing the appropriation for the
3 Animal Services Department, special activities and services,
4 account number 01-7600-0510-2105 in the amount of $400, as
5 follows:
6 (ORDINANCE NO. 03-78)
7 Councilman Watson moved for approval of the foregoing
8 ordinance, which motion was duly seconded by Councilman Russell.
9 Councilman Watson asked the Animal Control Director to speak
10 concerning this issue.
11 Dr. Karen Hill appeared before the Council, noting that
12 Councilman Watson had previously asked her if she would be
13 interested in using the Kid Expo as an off-site adoption location
14 for their adoptable animals. She stated she was very happy he
15 had asked her about this and noted he had been very supportive in
16 paying some of the fees her department had been unable to pay at
17 this time. She stated she was really looking forward to the
18 event, noting that her humane educator and some volunteers and
19 herself would be at the Von Braun Center and that they intended
20 to take as many pets as they could to adopt out. She stated they
21 were looking forward to spending a lot of time with the children
22 and educating about dog bites, about where their department was,
23 and that they were a very viable adoption center, et cetera.
24 Councilman Watson stated that he would be happy to offer his
25 assistance on that day, stating he felt this was something which
26 could be done on a regular basis.

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1 Councilman Watson noted he had paid this $400 out of his
2 discretionary fund. He stated that the remaining $3400 in his
3 discretionary fund was going to be used to pay for the buses for
4 the children on University Drive.
5 President Moon called for the vote on Ordinance No. 03-78,
6 and it was unanimously adopted.
7 President Moon inquired as to whether there were any
8 nonroster communications from the public.
9 There was no response.
10 Upon motion, duly seconded, it was voted to adjourn.
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13
14 _____________________________
15 PRESIDENT OF THE CITY COUNCIL
16
17 ATTEST:
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19
20
21 ______________________________
22 CITY CLERK-TREASURER
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