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Revised: 08-09-05 (5:00 p.m.) AGENDA FOR THE HUNTSVILLE CITY COUNCIL REGULAR MEETING TO BE HELD AUGUST 11, 2005 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS CALL TO ORDER. 1. INVOCATION. Prince Preyer 2. PLEDGE OF ALLEGIANCE. - Showers 3. APPROVAL OF MINUTES a. Regular Meeting held July 25, 2005. (Minutes Received) UNANAIMOUSLY APPROVED 4. RESOLUTIONS AND SPECIAL RECOGNITIONS. a. Mayor. b. Council. 1. Adoption and Presentation. 2. Adoption Only. c. Other Special Recognitions. Presentation of employee service pin to Ms. Gail Phillips for 35 years of outstanding service to the City of Huntsville. (Showers) d. Announcements. 5. BUSINESS WITH OUTSIDE LEGAL REPRESENTATION. 6. PUBLIC HEARINGS. a. Public hearings to be held. 1. Public hearing on resolution to consider a request to lift certain restrictions placed on certain lands within Cummings Research Park West in accordance with Resolution No. 83-579, as amended by Resolution No. 89-396. (Set July 25, 2005 Regular Council Meeting) (Planning) UNANIMOUSLY ADOPTED 2. Public hearing on a Resolution authorizing the City Clerk-Treasurer to assess the cost of the cutting and removing of grass and weeds against certain properties. (Community Development) MOTION BY COUNCILMAN RUSSELL AND SECONDED BY COUNCILMAN WATSON TO POSTPONE THIS RESOLUTION TILL THE END OF THE MEETING WHICH WAS UNANIMOUSLY APPROVED AT THE END OF THE MEETING 3. Public hearing on a Resolution authorizing the City Clerk Treasurer to assess the cost of boarding and securing certain properties. (Community Development) UNANIMOUSLY ADOPTED b. Public Hearings to be Set 1. Resolution to set a public hearing on an ordinance to rezone land lying generally north of Taylor Lane, west of Taylor Road, and east of Wade Road from Residence 2-B District to Highway Business C-4 District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 2. Resolution to set a public hearing on an ordinance to rezone land lying generally south of Dunlop Boulevard and east of the Norfolk Southern Railroad from Planning Industrial District to Residence 2 District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 3. Resolution to set a public hearing on the zoning or newly annexed property lying generally on the west side of Wall Triana Highway and south of Boeing Boulevard to Planned Industrial District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 4. Resolution to set a public hearing on the zoning of newly annexed property lying generally on the south side of Dug Hill Road and west of Williams and Broad Drive to Residence 1 District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 5. Resolution to set a public hearing on the zoning of newly annexed property lying generally on the east side of Betts Spring and south of Martin Road to Residence 2-A District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 6. Resolution to set a public hearing on the zoning of newly annexed property lying generally on the west side of Christopher Drive and north of U.S. Highway 72 West to Resident 2A District (Lot 3, Block 2, Putman Acres, 2^nd Addition). (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 7. Resolution to set a public hearing on the zoning of newly annexed property lying generally on the west side of Christopher Drive and north of U.S. Highway 72 West to Residence 2A District (Lot 5, Block 2, Putman Acres, and 2nd Addition). (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 8. Resolution to set a public hearing on the zoning of newly annexed property lying generally north of Little Cove Road, and on the west side of the Flint River to Residence 1-A District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 9. Resolution to set a public hearing on the zoning of newly annexed property lying generally south of Green Cove Road, east of Ditto Marina Parkway, and west of Monte Vedra Road to Residence 1 District. (September 22, 2005) (Planning) RESOLUTION UNANIMOUSLY ADOPTED 7. COMMUNICATIONS AND REPORTS. a. Communications from the Public. b. Reports 8. HUNTSVILLE UTILITIES ITEMS. a. Ordinance No. 05-550, Substitute A, amending the water rates for customers of Huntsville Utilities. (Introduced July 14, 2005 Regular Council Meeting) (Postponed July 25, 2005 Regular Council Meeting till August 11, 2005 Regular Council Meeting) (Utilities: Water) SUBSTITUTE A UNANIMOUSLY ADOPTED b. Resolution authorizing installation of 4200' of 3-phase underground primary & distribution system to provide for future development in existing substation. (W.O. 24264-N) (Utilities: Electric) UNANIMOUSLY ADOPTED c. Resolution authorizing installation of 2,750' of 6", 4750' of 4" and 1950' of 2" PE pipe in the Bridge Street Complex. (W.O. 16272-M05) (Utilities: Gas) UNANIMOUSLY ADOPTED 9. BOARD APPOINTMENTS. a. Board Appointments to be voted on. 1. Resolution No. 05-498, to appoint Ms. Sandra Steele to the Huntsville Natural Gas Utility Board for a term to expire July 1, 2008. (Postponed June 23, 2005 Regular Council Meeting till July 25, 2005 Regular Council Meeting) (Postponed July 25, Regular Council Meeting till August 11, 2005 Regular Council Meeting) (Moon) MOTION MADE BY COUNCILWOMAN MOON AND SECEONDED BY COUCILMAN SHOWERS TO ADOPTED WHICH MOTION FAILED WITH MOON AND SHOWERS VOTING AYE, RUSSELL AND WATSON VOTING NAY AND KLING ABSTAINING 2. Resolution No. 05-499, to appoint Ms. Sandra Steele to the Huntsville Water Utility Board for a term to expire July 1, 2008. (Postponed June 23, 2005 Regular Council Meeting till July 25, 2005 Regular Council Meeting) (Postponed July 25, Regular Council Meeting till August 11, 2005 Regular Council Meeting) (Moon) MOTION MADE BY COUNCILWOMAN MOON AND SECEONDED BY COUCILMAN SHOWERS TO ADOPTED WHICH MOTION FAILED WITH MOON AND SHOWERS VOTING AYE, RUSSELL AND WATSON VOTING NAY AND KLING ABSTAINING 3. Resolution to appoint Mr. Titus Christian to the Advisory Commission on Accessibility for a partial term to expire January 10, 2006. (Kling) UNANIMOUSLY ADOPTED 4. Resolution to reappoint Mr. Philip Bentley to the Health Care Authority of the City of Huntsville for a term to expire August 3, 2011. (Moon) UNANIMOUSLY ADOPTED 5. Resolution rescinding Resolution No. 05-597, adopted on the 25^th day of July, 2005. (Showers) UNANIMOUSLY ADOPTED b. Board Appointment Nominations. 1. Nomination Resolution to reappoint Mr. Stanley “Shot” Statum to the Huntsville Water Utility Board for a term to expire July 1, 2008.(Watson) UNANIMOUS CONSENT APPROVED AND UNANIMOUSLY ADOPTED 2. Nomination Resolution to reappoint Mr. Stanley “Shot” Statum to the Huntsville Natural Gas Utility Board for a term to expire July 1, 2008. (Watson) UNANIMOUS CONSENT APPROVED AND UNANIMOUSLY ADOPTED 3. Nomination to reappoint Mr. John Irby to the Museum Board for a term to expire August 13, 2011. (Watson/Russell) 10. APPROVAL OF EXPENDITURES. a. Resolution authorizing the expenditures for payments. (Finance Committee) MOTION MADE BY COUNCILMAN WATSON AND SECONDED BY COUNCILMAN KLING TO POSTPONE THIS RESOLUTION TILL THE END OF THE MEETING WHICH WAS UNANIMOUSLY APPROVED AT THE END OF THE MEETING b. Finance Committee Report. 1. Resolution approving travel for Councilman Richard Showers, Sr., to attend the 82^nd Annual National League of Cities Congress of Exposition, December 6 – 10, 2005, Charlotte, North Carolina. (Watson) MOTION MADE BY COUNCILMAN WATSON AND SECONDED BY COUNCILMAN KLING TO POSTPONE THIS RESOLUTION TILL THE END OF THE MEETING WHICH WAS UNANIMOUSLY APPROVED AT THE END OF THE MEETING 2. Resolution approving travel for Councilwoman Sandra Moon, to attend the 82^nd Annual National League of Cities Congress of Exposition, December 6 – 10, 2005, Charlotte, North Carolina. (Watson) MOTION MADE BY COUNCILMAN WATSON AND SECONDED BY COUNCILMAN KLING TO POSTPONE THIS RESOLUTION TILL THE END OF THE MEETING WHICH WAS UNANIMOUSLY APPROVED AT THE END OF THE MEETING 3. Resolution approving travel for Councilman Bill Kling, to attend the 82^nd Annual National League of Cities Congress of Exposition, December 6 – 10, 2005, Charlotte, North Carolina. (Watson) MOTION MADE BY COUNCILMAN WATSON AND SECONDED BY COUNCILMAN KLING TO POSTPONE THIS RESOLUTION TILL THE END OF THE MEETING WHICH WAS UNANIMOUSLY APPROVED AT THE END OF THE MEETING 4. Resolution approving travel for Councilman Glenn R. Watson, to attend the 82^nd Annual National League of Cities Congress of Exposition, December 6 – 10, 2005, Charlotte, North Carolina. (Watson) MOTION MADE BY COUNCILMAN WATSON AND SECONDED BY COUNCILMAN KLING TO POSTPONE THIS RESOLUTION TILL THE END OF THE MEETING WHICH WAS UNANIMOUSLY APPROVED AT THE END OF THE MEETING 11. COMMUNICATIONS FROM THE MAYOR. 12. COMMUNICATIONS FROM COUNCIL MEMBERS. Councilman Kling Councilman Russell Councilwoman Moon Councilman Watson Councilman Showers 13. UNFINISHED BUSINESS ITEMS FOR ACTION. a. Ordinance No. 05-600, to amend Sections 15-92 and 15-106 of the Code of Ordinances to correct typographical errors related to lodgings tax. (Mayor) UNANIMOUSLY ADOPTED 14. NEW BUSINESS ITEMS FOR INTRODUCTION. a. Introduction of an Ordinance amending Division 2, Vehicle Towing and Impoundment, of Article II, Administration and Enforcement, of Chapter 25, Traffic and Vehicles, of the Code of Ordinances, City of Huntsville, Alabama. (Police) b. Introduction of an ordinance concerning the annexation of land lying generally on the west side of Fox Road, north of Zierdt Road, and south of Arnett Road. (Planning) c. Introduction of an ordinance concerning the annexation of land lying generally south of U.S. Highway 431 South and east of Old Big Cove Road. (Planning) d. Introduction of an Ordinance adding the cost of collection to the costs of (1) abating a weed nuisance, or (2) demolishing an unsafe structure. (City Attorney) e. Introduction of an Ordinance establishing the price of burial spaces in Maple Hill Cemetery. (Cemetery) f. Introduction of an Ordinance to amend Section 22-82 of the City of Huntsville Code of Ordinances regarding Garbage Collection. (Public Works) g. Introduction of an amendment to the City of Huntsville Dumpster Ordinance. (Kling) DELETED 15. NEW BUSINESS ITEMS FOR CONSIDERATION OR ACTION. a. Resolution authorizing the Mayor to enter into a contract with the City of Madison for WMD funding. (EMA) UNANIMOUSLY ADOPTED b. Resolution authorizing the Mayor to enter into a contract with the Madison County Commission for WMD funding. (EMA) UNANIMOUSLY ADOPTED c. Resolution authorizing the Mayor to enter into an Agreement between the City of Huntsville and the U.S. Department of Justice for the 2005 Edward Byrne Memorial Justice Assistance Grant Award. (Police) UNANIMOUSLY ADOPTED d. Resolution authorizing the Mayor to execute the Standard Fixed Price Agreement between the City of Huntsville and All Star Enterprises, Inc., for the Brahan Springs Park Natatorium Pool resurfacing maintenance improvements for the Department of General Services. (General Services) UNANIMOUSLY ADOPTED e. Ordinance declaring certain equipment surplus and to be sold at auction (GovDeals.com) or in the best interest and most cost effective way for the City of Huntsville. (Facilities Projects Management) UNANIMOUSLY ADOPTED f. Resolution authorizing the City Attorney to settle the claim of Linda Ausley, Claim No. 05-018 Civil Case No. CV04-2753. (City Attorney) UNANIMOUSLY ADOPTED g. Resolution authorizing the condemnation of parcels of land along Ward Avenue. (City Attorney) MOTION MADE BY COUNCILMAN KLING AND SECONDED BY COUNCILMAN RUSSELL AND ADOPTED BY RUSSELL, MOON, KLING AND SHOWERS VOTING AYE AND COUNCILMAN WATSON VOTING NAY h. Resolution authorizing the Clerk-Treasurer to invoke subdivision letter of credit for Willow Way Subdivision. (City Attorney) UNANIMOUSLY ADOPTED i. Resolution authorizing the Clerk-Treasurer to invoke subdivision letter of credit for Providence Phase I Subdivision. (City Attorney) UNANIMOUSLY ADOPTED j. Resolution authorizing the Clerk-Treasurer to invoke subdivision letter of credit for Providence Phase II Subdivision. (City Attorney) UNANIMOUSLY ADOPTED k. Resolution authorizing requests for bids for and intermodal facility in the vicinity of Cummings Research Park West. (City Attorney) UNANIMOUSLY ADOPTED l. Resolution authorizing the Mayor to enter into a Real Estate Sales Contract and Infrastructure Development Agreement between the City of Huntsville and Hudson-Alpha Institute for Biotechnology, an Alabama nonprofit corporation, for property located in Cummings Research Park West. (City Attorney) UNANIMOUSLY ADOPTED m. Resolution authorizing the Mayor to enter into an agreement with low bidder, APAC- Southeast, Inc. for Bridge Street Off-Site Drainage Improvements, Project No. 65-04-DR04. (Engineering) UNANIMOUSLY ADOPTED n. Resolution authorizing the Mayor to enter into an agreement with Johnson & Associates, Inc. for Engineering Design Services for Intersection Improvements at Old Madison Pike & Slaughter Road, Project No. 65-05-TI10. (Engineering) UNANIMOUSLY ADOPTED o. Resolution authorizing the Mayor to amend the contract with H2O Construction Co., Inc. for East Winchester Road Sanitary Sewer, Phase I, Project No. CS-010307-07-18, by Change Order No. 2. (Engineering) UNANIMOUSLY ADOPTED p. Resolution authorizing the Mayor to amend the contract with Sutton Contracting, Inc., for Monte Sano Sewer System, Phase III, Project No. CS-010307-10-07, by Change Order No. 1. (Engineering) UNANIMOUSLY ADOPTED q. Resolution authorizing the Mayor to enter into a Real Estate Agreement between the Cities of Huntsville, Cityscapes, L.L.C. and Terry Hutchens Ownership Association, Inc., Project No. 65-04-SP28. (Engineering) UNANIMOUSLY ADOPTED r. Resolution authorizing the Mayor to enter into an agreement with Juergen R. Paetz as Special Employee, Urban Development Department. (Engineering) UNANIMOUSLY ADOPTED s. Request for authorization to advertise and fill vacated Equipment Operator I, Grade 6. (Publics Works) UNANIMOUSLY APPROVED t. Request for authorization to advertise and fill vacated Preventive Maintenance Technician, Grade 11. (Public Works) UNANIMOUSLY APPROVED u. Resolution authorizing the acceptance of donation to Huntsville Police Department in the amount of $1,000.00 to the Police Academy from Englehard Corporation. (Finance) UNANIMOUSLY ADOPTED v. Ordinance to amend Budget Ordinance No. 04-803, adopted and approved on October 14, 2004 by changing appropriated funding and the authorized personnel strength within various departments. (Finance) UNANIMOUSLY ADOPTED w. Request for authorization to advertise and fill budgeted vacant Wastewater Collection System Engineer II at higher than minimum. (Water Pollution Control) UNANIMOUSLY APPROVED x. Resolution authorizing the Mayor to approve changes to the Summary Plan Descriptions for group medical plans with Blue Cross Blue Shield of Alabama. (Human Resources) UNANIMOUSLY ADOPTED y. Resolution authorizing the Mayor to approve a change to the Summary Plan Description for the group dental plan with CompBenefits. (Human Resources) UNANIMOUSLY ADOPTED z. Resolution authorizing the Mayor to enter into a contract with the Ann Hay Testamentary Trust for the purchase of property. (Recreation Services and Landscape Management) UNANIMOUSLY ADOPTED aa. Resolution authorizing the Mayor to enter into a contract with the Anderson H. Kelly for the purchase of property. (Recreation Services and Landscape Management) UNANIMOUSLY ADOPTED bb. Resolution authorizing the Mayor to enter into an Indemnification Contract with USA Track & Field for Sanctioned Event Request for Certificate of Liability Insurance. (Recreation Services and Landscape Management) UNANIMOUSLY ADOPTED cc. Resolution authorizing the Mayor to enter into an Amendment to Agreement between the City of Huntsville and AAA Ballpark Food for the Lease of Concession Stands at the City of Huntsville Metro Kiwanis Sportsplex and John Hunt Park to include Merrimack Park. (Recreation Services and Landscape Management) UNANIMOUSLY ADOPTED dd. Resolution authorizing the Mayor to enter into a Special Appropriation Agreement with the Chamber of Commerce of Huntsville/Madison County for Economic Development Services. (Administration) UNANIMOUSLY ADOPTED ee. Resolution to reappoint the members of the City of Huntsville Federal Building Authority. (Administration) UNANIMOUSLY ADOPTED 16. LEGAL DEPARTMENT ITEMS/TRANSACTIONS. a. Vacation of Easements 1. Ordinance authorizing the vacation of a 10-ft. Utility and Drainage Easement, Lot 2, Block 2, A Resub of Lot 3, Block 2 and Lot 2, Block 2, Springdale Farms, Plat Book 1, Page 163 (2301 Bob Wallace Ave.; Southern States Leasing Co.). UNANIMOUSLY ADOPTED 2. Ordinance authorizing the vacation of a portion of a 300-ft. Utility and Drainage Easement, Indian Ridge Subdivision, A Resub of Tract 11 of Green Mountain Auction Properties, Plat Book 33, Page 13 (Indian Ridge Development, LLC). UNANIMOUSLY ADOPTED 3. Resolution authorizing the vacation of three (3) Utility and Drainage Easements for realignment of Bob Heath Drive in Cummings Research Park West. (Bob Heath Drive and Quest Drive; City of Huntsville). UNANIMOUSLY ADOPTED 4. Resolution authorizing the vacation of a Utility and Drainage Easement along the south lot line of Lot 1, Block 5, Antares Drive, in Cummings Research Park West. (Antares Drive; City of Huntsville). UNANIMOUSLY ADOPTED b. Vacation of rights-of-way 1.a. Resolution consenting to the vacation of right-of-way for the realignment of Bob Heath Drive of Cummings Research Park West. (Bob Heath Drive; City of Huntsville). UNANIMOUSLY ADOPTED 2.b. Resolution authorizing the vacation of right-of-way for the realignment of Bob Heath Drive of Cummings Research Park West. (Bob Heath Drive; City of Huntsville). UNANIMOUSLY ADOPTED c. Deeds for acceptance UNANIMOUSLY APPROVED DUPREE/WORTHEY SEWER PROJECT PROJECT NO. 65-04-SM03 1. Parcel No. 1 Kenneth V. Hice and wife, Celeste F. Hice Acquired 06/21/05 2. Parcel No. 4 Peggy A. Junior, a married woman Acquired 07/01/05 KNOX CREEK PHASE II PROJECT NO. 65-05-SS14 3. Parcel No. 2 Linda White, in her capacity as Personal Representative of The Estate of Ossie Smith, deceased Acquired 07/07/05 4. Parcel No. 3 Nancy Brazelton, a widow Acquired 06/27/05 5. Parcel No. 6 Nancy E. Byrd, a single woman Acquired 07/08/05 KNOX CREEK PUMP STATION PROJECT NO. 65-04-SM04 6. Parcel No. 1 Roger Eugene Martin, a married man Acquired 04/13/05 7. Warranty Deed Roger Eugene Martin, a married man Acquired 04/13/05 LOT 5 BANKSTON SUBDIVISION 5^TH ADDITION PROJECT NO. 65-05-SS04 8. Mullins Corporation, a corporation Acquired 02/14/05 9. Hampton Cove Owners Association Acquired 04/28/05 CUMMINGS RESEARCH PARK ENTRANCE RENOVATION AT ENTERPRISE AND UNIVERSITY DRIVE PROJECT NO. 65-04-SP08 10. David E. Moore and wife, Janice K. Moore, Kelly Lynn Moore, a single woman, Janye M. Clary, also known as Janye Renee Moore, a married person, Rebecca A. Moore, a single woman, Floyd Lee Moore, III, a married man, Henry Ellis Moore, a married man, Michael Thomas Garner, a married man, Andrew Matthias Garner, a married man, Bonnie G. Holeyfield, formerly known as Bonnie Christina Garner, a married woman, Patrick H. Garner, as Trustee of the Benjamin Ross Garner Property Trust dated May 26, 1998, and recorded in Deed Book 923, at Page 747-752 in the Office of the Judge of Probate of Madison County, Alabama Acquired 03/22/05 DALLAS STREET/MERIDIAN STREET WALKWAY AND GREENWAY PROJECT PROJECT NO. 65-03-DR02 11. U & D Easement #1 Linda L. Bowser, a widow Acquired 02/18/05 12. Easement #2 Bryant Capital Corporation, a corporation Acquired 02/24/05 13. Easement #3 JLB Capital, LLC, a limited liability company Acquired 02/24/05 14. Denbo Iron & Metal Company, Inc., an Alabama Corporation Acquired 05/05/05 DUNBARTON ROAD DRAINAGE PROJECT LOT 1 BLOCK 4 WILLOW PARK ESTATES PROJECT NO. N/A 15. William H. Russell, as Trustee of the William H. Russell Trust Acquired 01/24/05 GOVERNORS DRIVE IMPROVEMENTS PROJECT NO. 65-05-RD03 16. Carl Lee Bradford, and wife, Mary lizabeth Bradford Acquired 05/17/05 HIGHWAY 72 WEST SEWER EXTENSION SECTION 30, T3S, R2W PROJECT NO. 65-04-SS07 17. Parcel #8 Jimmy W. Robinson, a married man Acquired 04/12/05 JAMES ROAD SEWER PROJECT PROJECT NO. 65-04-SS06 18. Tract #1 Twickenham Funeral Homes & Memory Gardens, Inc., an Alabama corporation Acquired 11/11/04 19. Tract #2 Wiz Kids, LLC, a limited liability company, and Jeffrey M. Benton, a married man Acquired 05/25/05 DRAINAGE PROJECT MONTVIEW DRIVE PROJECT NO. N/A 20. Robert E. Fleenor and wife, Caroline Fleenor Acquired 04/12/05 ROCHELL DRIVE DRAINAGE PROJECT LOT 10 BLOCK 3, J.H. STILLWELL S/D 3^RD PROJECT NO. N/A 21. Beulah M. McCrary, a single woman Acquired 01/25/05 UNIVERSITY DRIVE IMPROVEMENTS PROJECT NO. NHF-002(505) 22. Parcel #1 only West Park Commons, LLC, a limited liability company Acquired 07/11/05 WITHERS SPRING SANITARY SEWER PROJECT NO. 65-04-SS02 23. Easement #1 Mary Gay Jeffers, a single woman Acquired 03/25/05 24. Tract #2 Benny J. Devaney, a single man, Dennis G. Devaney, a single man, Linda S. Devaney, a single woman, Randy S. Devaney, a single man, Barry C. Devaney, a single man Acquired 03/29/05 25. Tract #5 Margaret E. May, a single woman Acquired 02/16/05 d. Routine bond satisfactions None e. Liquor bond mortgages None 17. NON-ROSTER COMMUNICATIONS FROM THE PUBLIC. 18. ADJOURN.