Revised:
10-12-04 (5:35 p.m.)
AGENDA FOR THE
TO BE HELD OCTOBER 14,
2004 AT 6:00 P.M.
IN THE CITY COUNCIL CHAMBERS
CALL
TO ORDER.
1. INVOCATION.
Minister George Coffell
2. PLEDGE OF ALLEGIANCE.
3. APPROVAL
OF MINUTES
a. Regular Meeting held September 23,
2004.
(Minutes Received)
b. Special Session held October 7, 2004.
(Minutes Received)
4. RESOLUTIONS AND SPECIAL RECOGNITIONS.
a. Mayor.
1. Resolution
commending Mr. Edwin S. Hill for his invaluable service to Huntsville and the
North Alabama area upon his retirement from the Community Action Agency of
Huntsville/Madison and Limestone County.
(Mayor Spencer)
b. Council.
1. Adoption and Presentation.
2. Adoption Only.
c. Other Special Recognitions.
d. Announcements.
5. BUSINESS WITH OUTSIDE LEGAL
REPRESENTATION.
6. PUBLIC HEARINGS.
a. Public hearings to be held.
1. Public hearing on Ordinance No. 04-718,
to rezone land lying generally on the south side of Four Mile Post Road and
west of Bailey Cove Road from Neighborhood Business C-1 District and Residence
1-A District to Residence 2-A District. (Set
September 9, 2004 Regular Council Meeting)
(Planning)
2. Public hearing on Ordinance No. 04-720,
to amend the height and setback requirements for multi-family buildings in
Residence 2-A districts. (Set September
9, 2004, Regular Council Meeting) (Planning)
3. Public hearing on a resolution
authorizing the City Clerk Treasurer to assess the cost of abating a public nuisance
against certain properties. (Community
Development)
b. Public Hearings to be Set
1. Resolution to set a public hearing on
an ordinance to rezone land lying generally west of Triana Boulevard, south of
Village Drive and north of Redstone Arsenal from Residence 1-B District and
Residence 2-A District to Residence 1-B District, Residence 2-B District and
Neighborhood Business C-1 District. (November
23, 2004) (Planning)
2. Resolution to set a public hearing on
an ordinance to rezone land lying generally north of Little Cove Road and east
of McMullen Lane from Residence 1-A District to Residence 2 District and
Residence 2-A District. (November 23,
2004) (Planning)
3. Resolution to set a public hearing on
the zoning of newly annexed land lying generally on the east side of U.S.
Highway 431 South and east and south of
4. Resolution to set a public hearing on
the zoning of newly annexed land lying generally on the west side of
5. Resolution to set a public hearing on
the zoning of newly annexed land lying generally at the northwest corner of
U.S. Highway 72 West and
6. Resolution to amend Resolution No.
04-760 to correct public hearing date to October 28, 2004. (Community Development)
7. COMMUNICATIONS AND REPORTS.
a. Communications from the Public.
b. Reports
8.
a. Resolution
authorizing the purchase of a new mainframe server. (P.R. GWS091604-01) (Utilities: Electric)
b. Resolution
authorizing the installation of approx. 5,006' of 2" P.E. pipe on Acken
Dr.,
c. Resolution
authorizing the installation of 8,732' of 2" P.E. pipe on Thurman Rd.,
Thurman Cir., Coffee Dr., Price Rd., Price Cir., Shaver Rd., Harwood Ave.,
Gesman Pl., and Saturn Dr. in Holiday Homes.
(W.O. 16177) (Utilities: Gas)
d. Resolution
authorizing the installation of approx. 4,200' of 6" P.E. pipe across Hwy.
431, South at Mile Post 324.9, then along & through a 30' easement between
Hwy. 431 &
e. Resolution
authorizing the installation of approx. 3100' of 8" ductile iron water
main along the west side of
9. BOARD APPOINTMENTS.
a. Board Appointments to be Voted on.
1. Resolution
to appoint Mike Patterson to the Health Care Authority, Place 2, for a partial
term to expire April 12, 2005. (Russell)
2. Resolution
to appoint Lee Hoekenschnieder to the Health Care Authority,
Place 2, for a partial term to
expire April 12, 2005. (Moon)
3. Resolution
to appoint Clay Vandiver to the Health Care Authority, Place 2, for a partial
term to expire April 12, 2005. (Kling)
4. Resolution
to appoint Fred Johnston to the Human Relations Commission for a partial term
to expire September 8, 2006. (Kling)
5. Resolution
to appoint Lucille Jones to the Community Development Citizens Advisory Council
for a partial term to expire February 14, 2006.
(Showers)
b. Board Appointment Nominations.
1. Nomination
of Joyce H. Griffin for reappointment to the Huntsville Ice Skating Complex
Board of Control, Position No. 5, for a term to expire
November 20, 2007.
(Russell)
2. Nomination
of John Ofenloch for appointment to the Alabama Constitution Village/Historic
Huntsville Depot Board for a partial term to expire June 26, 2006. (Showers)
10. APPROVAL OF EXPENDITURES.
a. Resolution
authorizing the expenditures for payments.
(Finance Committee)
b. Finance Committee Report.
11. COMMUNICATIONS FROM THE MAYOR.
12. COMMUNICATIONS FROM COUNCIL MEMBERS.
Councilman Russell
Councilwoman
Moon
Councilman
Kling
Councilman
Watson
Councilman Showers
13. UNFINISHED
BUSINESS ITEMS FOR ACTION.
a. Ordinance
No. 04-731, to amend Ordinance No. 89-79, as amended, entitled the City of
b. Resolution No. 04-764, concerning the
annexation of land lying generally on the south side of
September 23, 2004
Regular Council Meeting) (Planning)
c. Budget Ordinance No. 04-803 for the
City of
d. Resolution No. 04-804 to approve the City of
14. NEW BUSINESS
ITEMS FOR INTRODUCTION.
a. Introduction of an ordinance concerning
the annexation of land lying generally west of U.S. Highway 431 South and long
the
b. Introduction of an ordinance concerning
the annexation of land lying generally on the south side of Pettus Road, on the
north and south sides of Harbin Road, west of Nance Road. (Planning)
15. NEW BUSINESS
ITEMS FOR CONSIDERATION OR ACTION.
a. Resolution
rescheduling the first regular meeting from November 11, 2004 to Tuesday,
November 9, 2004; the second regular meeting November 25, 2005 to November 23,
2004; and the second regular council meeting December 23, 2004 to December 16,
2004, 6:00 p.m. (Council)
b. Resolution
authorizing the Mayor to enter into a lease agreement between the City of
Huntsville and Valley Planet, Inc., for a portion of the Central City Parking
Garage. (Parking and Public Transit)
c. Resolution authorizing the Mayor to
enter into an agreement between the City of
d. Resolution authorizing the Mayor to
enter into an agreement with the State of
e. Ordinance
concerning maintenance of common areas.
(Planning)
f. Resolution authorizing the acceptance
of donation to the City of Huntsville in the amount of $100.00 from an anonymous
contributor in appreciation for the extra efforts of City employees. (Finance)
g. Resolution authorizing the issuance of
advance travel funds for Huntsville Fire & Rescue. (Finance)
h. Resolution authorizing the low bidders
meeting specifications as outlined in the attached Summary of Bids for
Acceptance. (Finance)
i. Resolution authorizing the Mayor to
enter into an agreement with The Spencer Companies, Inc. the low bidder meeting
specifications for the fuel dispensing as outlined in the attached Summary of
Bid for Acceptance. (Finance)
j Ordinance declaring certain equipment
surplus and to be sold. (Public Works
Services)
k. Ordinance declaring certain equipment
attachments as surplus and to be sold.
(Public Works Services)
l. Request for authorization to advertise
the position of (1) Preventive Maintenance Technician and (2) Equipment
Mechanic III each at a step higher than minimum if necessary. (Public Works Services)
m. Request for authorization to fill the
vacant, funded, Legal Secretary I position at a higher step within the grade if
necessary. (Legal)
n. Resolution authorizing the City
Attorney to settle the lawsuit entitled Danielle Defreitas, et al., v. Bradley
S. Carter, et al., in the Circuit Court of Madison County, Alabama, Case No.
CV-03-2378-JPS. (Legal)
o. Resolution authorizing the City
Attorney to settle the claim of Katie Gibson, Claim No. 01-152. (Legal)
p. Resolution authorizing the Mayor to
execute the agreement with American Family Life Assurance Company (AFLAC) for
the provision of supplemental voluntary cancer & off the job accident
plan. (Human Resources)
q. Resolution authorizing the Mayor to
amend an agreement between the City of
r. Resolution authorizing the Mayor to
amend and agreement between the City of
s. Resolution authorizing the Mayor to
enter into an Agreement between the City of
t. Resolution authorizing the Mayor to
enter into an Agreement between the City of
u. Request for authorization to advertise
and fill budgeted position of Housing Specialist I, Grade 11. (Community Development)
v. Resolution authorizing the Mayor to
enter into an agreement with the low bidder,
Shelby Contracting Company, Inc., for Carl T. Jones Road Intersection
Improvements, Project No. 65-04-TI29.
(Engineering)
w. Resolution authorizing the Mayor to
amend the contract with DRM Utilities, LLP for Monte Sano Sewer System
Improvements – Phase IIB, by C.O. No. 2,
Project No. CS-010307-09-04.
(Engineering)
x. Resolution authorizing the Mayor to
amend the contract with Reed Contracting Services for
y. Resolution authorizing the Mayor to
enter into an agreement with Civil Solutions, LLP for Engineering Design Services for Flint
River Greenway, Phase I, Project No. 65-04-WP05. (Engineering)
z. Resolution authorizing the Mayor to
enter into an agreement with Adams-Brown Services, Inc., for Engineering Design
Services for Broglan Branch at Dry Creek,
Project No. 65-04-DM59 (Engineering)
aa. Resolution authorizing the Mayor to amend
the agreement with Volkert & Associates, Inc. to extend completion date of Appraisal and
Contract Management Services for
bb. Resolution authorizing the Mayor to amend
the agreement with the State of Alabama Department of Transportation for
Federal Highway Administration Funds, Project No. DESTP-AL (063). (Engineering)
cc. Resolution authorizing the Mayor to
modify the agreement with Tetra Tech, Inc.,
for additional Services for Flow
Monitoring Program, by Modification No. 2, Project No. 65-04-SP02. (Water Pollution Control)
16. LEGAL
DEPARTMENT ITEMS/TRANSACTIONS.
a. Vacation of Easements
1. Ordinance to vacate 5-feet of a 10-foot Utility and Drainage
Easement, The Highlands, Lot 11, Plat Book 38, Page 54. (
2. Ordinance to vacate three 30-foot Utility and Drainage
Easements and one Temporary Utility Easement for Swancott Road Realignment,
Huntsville Madison County Airport Authority, Section 17, Township 5 South,
Range 2 West, Madison County, Alabama.
3. Ordinance to vacate a portion of a Utility and Drainage
Easement along the northeast Lot Line, Eastern Shore Subdivision, Lot 4, Plat
Book 48, Pages 20 & 21. (
4. Ordinance to vacate two Utility and Drainage Easements
between Lots 9 & 10, Anderson Commercial Park, Plat Book 20, Page 84. (
b. Vacation of rights-of-way
1. Resolution authorizing the Mayor to
execute a Declaration consenting to the vacation of Right-of-Way along a
portion of Swancott Road for road realignment, Huntsville Madison County
Airport Authority, Section 17, Township 5 South, Range 2 West, Madison County,
Alabama.
2. Ordinance vacating the Right-of-Way
along a portion of Swancott Road for road realignment, Huntsville Madison
County Airport Authority, Section 17, Township 5 South, Range 2 West, Madison
County, Alabama.
3. Resolution consenting to the vacation
of a portion of a 15-foot alleyway adjacent to Lots 10 and 11, Block 66, and
Lots 7, 8 and 9, Block 66, Lowe Corporation Addition, Plat Book 1, Page 166
(2606 & 2608 Eighth Ave; Phelps).
4. Ordinance authorizing the vacation of a
portion of a 15-foot alleyway adjacent to Lots 10 and 11, Block 66, and Lots 7,
8 and 9, Block 66, Lowe Corporation Addition, Plat Book 1, Page 166 (2606 &
2608 Eighth Ave; Phelps).
5. Resolution authorizing the Mayor to execute
a Declaration of Vacation for a portion of right-of-way and utility and
drainage easement along Shields Road as part of the Shields Road Extension
Project.
6. Resolution consenting to the vacation
of a portion of right-of-way and utility and drainage easement along
c. Deeds for acceptance
1. Parcel for Re-zoning Shelby O. McDonald and wife, Frances S. McDonald
Acquired
9/28/04
d. Routine bond satisfactions
None
e. Liquor bond mortgages
None
17. NON-ROSTER
COMMUNICATIONS FROM THE PUBLIC.
a. City Council Election
President,
Richard Showers, Sr. (Held October 7,
2004 Special Session) President
Pro Tem, Bill Kling, Jr. (Held October
7, 2004 Special Session)
Third Presiding
Officer, Sandra S. Moon (Held October 7, 2004 Special Session)
b. A member of
the Council shall be elected by the Council to serve as its representative to
the City of
c. A member of
the Council shall be elected by the Council to serve as its representative to
the Research Park Board.
d. A member of
the Council shall be elected by the Council to serve as its representative to
the Historic Preservation Commission.
The Council
President shall make appointments and assignments of Council members to
represent the President and Council on the following boards, committees, and
commissions:
1. Top
of
2 – appointments
2. Community
Action Agency of
Counties, Inc.
1
– appointment
3. Operation Green Team
1
– appointment
4. Advisory
Commission on Accessibility
1
– appointment (City Council President or
his designee)
5. City of
2 – appointments
6. Chairperson
of the Finance Committee and one other member of the Council as Vice
Chairperson of the Finance Committee.
18. ADJOURN.