Revised: 06-12-07 (5:00
p.m.)
AGENDA FOR THE
TO BE HELD JUNE 14, 2007 AT 6:00 P.M.
IN THE CITY COUNCIL CHAMBERS
CALL TO ORDER.
1. INVOCATION.
Pastor
Michael Crenshaw
The People
of God Ministries
2. PLEDGE OF
ALLEGIANCE.
3. APPROVAL OF
MINUTES
a. Regular
Meeting held May 24, 2007.
(Minutes
Received)
4. RESOLUTIONS
AND SPECIAL RECOGNITIONS.
a. Mayor.
1. Resolution
commending the Randolph School Boys Varsity Soccer Team on winning the State
Soccer Championship.
2. Presentation to Connie Keltner on
behalf of the
b. Council.
1. Adoption and
Presentation.
a. Resolution honoring
Mr. M.G. Mann for his humanitarian efforts.
(Kling)
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. 07-401,
amending ARTICLE 3 – DEFINITIONS, Section 3.1 – Interpretation; ARTICLE 23 –
GENERAL BUSINESS C-3 DISTRICT REGULATIONS; ARTICLE 24 – HIGHWAY BUSINESS C-4
DISTRICT REGULATIONS; ARTICLE 26 – CENTRAL BUSINESS C-B DISTRICT REGULATIONS;
ARTICLE 53 – RESEARCH PARK COMMERCIAL DISTRICT REGULATIONS; AND ARTICLE 72 –
SIGN REGULATIONS of the City of Huntsville Zoning Ordinance. (Set April 26,
2007 Regular Council Meeting) (Planning)
2. Public Hearing for David L. Leone d/b/a
Half-Time Bar & Grill, Inc. to operate one (1) limousine in the City of
Huntsville. (Set May 24, 2007 Regular Council Meeting) (Parking & Public
Transit)
3. Public Hearing for James Rex Lindsey
d/b/a Affordable Vintage Autos to operate four (4) limousines in the City of
Huntsville.) (Set May 24, 2007 Regular Council Meeting) (Parking & Public Transit)
4. 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)
b. Public
Hearings to be Set
1. Resolution to set a public hearing on
an Ordinance amending the Air Pollution Control Rules and Regulations, and
Ordinance making conforming amendments to Article III (Open Burning) of Chapter
13 (Fire Prevention and Protection) of the City Code. (July 26, 2007) (Natural
Resources)
2. Resolution to set a public hearing on
an ordinance zoning newly annexed land lying on the east side of King Drake
Road and north of Caldwell Lane to Residence 1-A District. (July 26, 2007)
(Planning)
3. Resolution to set a public hearing on
an ordinance zoning newly annexed land lying on the west side of King Drake
Road and north of Caldwell lane to Residence 1-A District. (July 26, 2007) (Planning)
4. Resolution to set a public hearing on
an ordinance zoning newly annexed land lying south of U.S. Highway 72 West and
west of County Line Road to Highway Business C-4 District. (July 26, 2007) (Planning)
5. Resolution to set a public hearing on
an ordinance zoning newly annexed land lying on the south side of U.S. Highway
72 West and the east side of Burgreen Road to Highway Business C-4 District. (July 26, 2007) (Planning)
7. COMMUNICATIONS
AND REPORTS.
a. Communications
from the Public.
b. Reports
8.
a. Resolution
authorizing repainting of the Electric Operations Facility (Bldg. A) at
Chase. (P.R. 12948) (Utilities:
Electric)
b. Resolution
authorizing the Mayor to execute an agreement with TVA allowing for the Demand
Generation Partners Pilot Program Agreement.
(Utilities: Electric)
c. Resolution
authorizing the Mayor to execute an agreement with TVA allowing for the
Non-demand Generation Partners Pilot Program Agreement. (Utilities:
Electric)
d. Resolution
authorizing storm recovery work order for the August 10, 2006 storm. (W.O. 25638-E) (Utilities:
Electric)
e. Resolution
authorizing replacement of direct buried cable that failed on
f. Resolution
authorizing replacement of 1 regulator at Charity Lane Substation. (W.O. 26382-E) (Utilities: Electric)
g. Resolution
authorizing construction of a portion of Hampton Cove/Chase 46kV tie
circuit. (W.O. 26403-G) (Utilities:
Electric)
h. Resolution authorizing replacement of 3
regulators at Triana Substation.
(W.O. 26420-E)
(Utilities: Electric)
i. Resolution
authorizing the purchase of 7 acres for a new Substation in
j. Resolution
authorizing replacement of direct buried cable on
k. Resolution
authorizing installation of secondary oil containment in 11 substations. (W.O. 26465-G) (Utilities:
Electric)
l. Resolution
authorizing Engineering Design Services for secondary oil containment for 6 new
substations. (W.O. 26474-G) (Utilities:
Electric)
m. Resolution
authorizing construction of 7,575’ of 3-phase OH primary & 2,020’ of UG for
Thornton Park Substation. (W.O.
26484-G) (Utilities: Electric)
n. Resolution
authorizing expansion of Thornton Substation to serve
o. Resolution
authorizing installation of 485’ of 3-phase UG distribution system to provide
service to Colsa Corporation. (W.O.
26496-N) (Utilities: Electric)
p. Resolution
authorizing replacement of 6 regulators at Byrd Spring Substation. (W.O. 26502-G) (Utilities:
Electric)
q. Resolution
authorizing the purchase & installation of a 46kV bus tie breaker at Chase
Primary Substation. (W.O. 26508-G) (Utilities:
Electric)
r. Resolution
authorizing replacement of 2 UG feeders to the Drake Substation. (W.O. 26509-U) (Utilities:
Electric)
s. Resolution
authorizing installation of 2500’ of 6” WS pipe to clear conflicts with the
proposed Jordan Road Improvements. (W.O.
16494-MR07-20-52) (Utilities: Gas)
t. Resolution
authorizing installation of 1600’ of 6” PE pipe & 3,750’ of 2” PE to serve
Chase Springs Subdivision, Phase 1.
(W.O. 16521-M07-20-51)
(Utilities: Gas)
u. Resolution
authorizing installation of 3,450’ of 6” PE pipe, 125’ of 4” PE pipe &
1,000’ of 2” PE pipe to serve High Mountain Estates Subdivision, Phases 8 &
9. (W.O. 16524-M07-20-51) (Utilities:
Gas)
v. Resolution
authorizing installation of a new regulator station along
w. Resolution
authorizing installation of 7300’ of 2” PE pipe to serve Natures Pointe
Subdivision, Phase 2. (W.O.
16528-M07-20-51) (Utilities: Gas)
x. Resolution
authorizing a 12 MGD expansion at the South Parkway Water Treatment Plant. (W.O. 1-07402-E07-81-54) (Utilities:
Water)
y. Resolution
authorizing engineering services associated with locating & permitting a
site for a future water treatment plant.
(W.O. 1-07403-E07-81-54)
(Utilities: Water)
9. BOARD
APPOINTMENTS.
a. Board
Appointments to be Voted on.
b. Board
Appointment Nominations.
1. Nomination
of Ms. Connie Keltner for appointment to the Huntsville Tennis Center Board of
Control for a term to expire November 28, 2008.
(Watson)
2. Nomination
of Dr. Jimmy Wall, Jr., for reappointment to the Huntsville Natural Gas Utility
Board for a term to expire July 1, 2010.
(Showers/Kling)
3. Nomination
of Dr. Jimmy Wall, Jr. for reappointment to the Huntsville Water Utility Board
for a term to expire July 1, 2010.
(Showers/Kling)
4. Nomination
of Mr. George Moore for reappointment to the Huntsville Electric Utility Board
for a term to expire July 1, 2010.
(Kling)
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
Showers
Councilwoman
Moon
Councilman
Kling
Councilman
Russell
Councilman
Watson
13. UNFINISHED
BUSINESS ITEMS FOR ACTION.
14. NEW BUSINESS
ITEMS FOR INTRODUCTION.
a. Introduction
of an ordinance amending the Council By-Laws relating to non-agenda. (Kling)
b. Introduction of an ordinance to allow
the City of Huntsville to exempt items authorized by the Legislature of
Alabama, from sales and use taxes during the first full weekend in August,
2007. (Administration)
c. Introduction of an ordinance to amend
Chapter 25, Article the Vehicle Towing and Impoundment Ordinance, Code of
Ordinances of the City of
d. Introduction of an Ordinance to amend
Chapter 3, Article IV of the Code of Ordinances of the City of Huntsville to
add Division 3. Entertainment Establishments and Clubs. (Police)
e. Introduction of an ordinance concerning
the annexation of land lying on the east side of Old Highway 431 South and
south of
15. NEW BUSINESS
ITEMS FOR CONSIDERATION OR ACTION.
a. Resolution authorizing the acceptance
of a $53,873.23 Grant from the Alabama Department of Homeland Security.
(Emergency Management)
b. Resolution authorizing the Mayor to
enter into a contract with the City of
c. 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
d. Resolution authorizing the Mayor to
enter into an agreement between TomorrowNow and the City of Huntsville,
Amendment #2 to the Support Services Agreement for PeopleSoft Releases. (ITS)
e. Request for authorization to fill the
position of Humane Educator, Grade 10, at above minimum if necessary. ( Animal
Services)
f. Resolution authorizing the Mayor to
modify the agreement with G. W. Jones & Sons Consulting Engineers, Inc. for
Cummings Research Park West Roadways (Biotech Dr., Challenger Drive South &
Challenger Drive North), by Modification No. 1, Project Nos. 65-06-RD02;
65-06-RD03 & 65-06-RD04. (Engineering)
g. Resolution
authorizing the Mayor to enter into an agreement with Garver Engineers for
Engineering Design Services for Zierdt Road Improvements, Project No.
STPHV-8507(600 ) & 65-06-RD01. (Engineering)
h. Resolution authorizing the Mayor to
enter into an agreement with G. W. Jones
& Sons Consulting Engineers, Inc. for Engineering Design Services for
Cummings Research Park West Roadways Mass Grading Analysis, Project No. 65-07-RD02.
(Engineering)
i. Resolution authorizing the Mayor to
modify the agreement with Tetra Tech, Inc. for Additional Construction
Administration Services for Churchill Sanitary Sewer, by Modification No.1,
Project No. 65-05-SS21. (Engineering)
j. Resolution authorizing the Mayor to
enter into an agreement with the low bidder, APAC-Southeast, Inc. for
Resurfacing of Residential Streets 2007, Phase II, Project No. 65-07- RR02.
(Public Works)
k. Resolution
authorizing the Mayor to enter into an agreement with the low bidder,
APAC-Southeast, Inc. for Maple Hill Cemetery Drainage & Street
Improvements, Project No. 65-07-SP09. (Cemetery)
l. Request for
authorization to fill Police Records Clerks positions. (Police)
m. Resolution authorizing the Mayor to make
application to the United States Department of Justice, Bulletproof Vest
Partnership Program, for funds to replace expired bulletproof vests. (Police)
n. Resolution authorizing the mayor to
enter into an agreement with the Alabama Department of Public Safety, to accept
the FY 2007 High Intensity Drug Trafficking Area (HIDTA) grant. (Police)
o. Resolution authorizing the Mayor to
enter into an agreement with Wiss, Janney, Elstner Associates, LLC for Phase I
of the engineering review of the
p. Request for authorization to advertise
and fill one (1) currently funded position of General Services Lead Controls
Technician (Grade 15), and to fill this position at a higher step within the
grade if necessary. (General Services)
q. Resolution authorizing the Mayor to
enter into an Agreement between the City of Huntsville and Hilary E. Roberts
and wife Carol B. Roberts and Forest Summers Construction, Inc. (Legal)
r. Resolution authorizing City Attorney
to settle the claims of Barbara Young and Jack Young in the case of Barbara
Young and Jack Young v. City of Huntsville, et al, Civil Action No.
CV2006-2427. (Legal)
s. Resolution authorizing City Attorney to
settle the claim of William J. Cannon, FY07-57. (Legal)
t. Resolution authorizing City Attorney
to seek a forfeiture of the surety bond issued by RLI Insurance Company.
(Legal)
u. Resolution authorizing City Attorney to
seek a forfeiture of the surety bond issued by Hartford Fire Insurance Company.
(Legal)
v. Resolution authorizing the Mayor to
enter into a real estate sales contract between the City of
w. Resolution authorizing the
Clerk-Treasurer to invoke First American Bank sidewalk letter of credit no.
1808 for Legacy Preserve. (Legal)
x. Resolution authorizing the
Clerk-Treasurer to invoke Compass Bank subdivision improvements letter of
credit no. S27551A for Cobblestone Cove Subdivision. (Legal)
y. Resolution authorizing the filing of an
application of FFY 2007 appropriation for FTA Capital Assistance for Cummings
Research Park Commercial Center Intermodal Facility. (Parking & Public
Transit)
z. Resolution authorizing the filing of an
application of FTA Urbanized Area Formula Program Assistance, Section 5307
Operating Grant for FY 2008. (Parking & Public Transit)
bb. Ordinance to amend Budget Ordinance No.
06-855, adopted and approved on September 28, 2006 by changing appropriated
funding within various departments. (Finance)
cc. Resolution
authorizing monthly payments to Huntsville City Schools. (Finance)
dd. Resolution
affirming the City’s prior commitment to provide an additional $8.5 million to
the Public Building Authority of the City of Huntsville for the purpose of
completing an expansion to the Huntsville/Madison County joint jail, and
authorization to temporarily advance a portion of this commitment from the
General Fund until such time as the Public Building Authority issues bonds to
pay the additional costs. (Finance)
ee. Resolution authorizing the Mayor to
execute an amendment to the Credit Agreement with Regions Bank, related to
General Obligation Warrants Series 2002-G and 2002-H, lowering the fee charged
by Regions Bank. (Finance)
ff. Resolution authorizing the Mayor to
enter into agreements with the low bidders as outlined in the attached Summary
of Bids for Acceptance. (Finance)
gg. Resolution authorizing the Mayor to enter
into an Agreement between the City of
16. LEGAL
DEPARTMENT ITEMS/TRANSACTIONS.
a. Vacation of Easements
1. Ordinance authorizing the vacation of a portion of 15-foot
Utility and Drainage Easements located along Lots 1 and 16, Christie Acres
Subdivision. (Summers;
2. Ordinance authorizing
the vacation of a portion of two Utility and Drainage Easements, Lots 41 and
42, Cobblestone Cove, Plat Book 47, Page 62.
(Jeff Benton Homes; Cobble
b. Vacation of rights-of-way
None.
c. Deeds for acceptance
BRIDGE STREET OFF SITE DRAINAGE PROJECT
PROJECT
NO. 65-05-DR04
1.
Utility
and Drainage Easement Huntsville
Shores, LLC, an
A municipal corporation in the State of
Acquired 11/27/06
CAPSHAW SEWER
PROJECT
NO. 65-06-SS01
2. Parcel # 4 Peter
J. Papasifakis and wife,
Mary
J. Papasifakis
Acquired
09/18/06
STREETSCAPE PROJECT
3.
Streetscape Cityscapes,
LLC an
Company, and the City of Huntsville Alabama, a municipal corporation
within the State of
Acquired 02/01/07
PROJECT NO. 65-06-DR13
4.
Easement Ronald
W. Boles, an unmarried man, and
General and Automotive Machine Shop, Inc, and The City of
Acquired
01/12/07
5.
Easement Ronald
W. Boles, an unmarried man, d/b/a
General and Automotive Machine Shop,
and The City of
Acquired
01/12/07
6. Easement General
and Automotive Shop Inc., and
The
City of
Acquired
01/12/07
PROJECT NO.
65-07-SS01
7. Grant of Easement Patrick M. Frawley, and wife
Jill
J. Frawley
Acquired
12/20/06
GOVERNORS DRIVE IMPROVEMENTS
PROJECT NO. 65-07-RD03
8. Tract # 1 James R. Hudson, Jr. and
wife
Suanne
J. Hudson
Acquired
10/30/06
9. Tract # 6 Frances M. Chesnutt, a
widow
Acquired
10/30/06
10. Easement #1 Frances
M. Chesnutt, a widow
Acquired
10/30/06
11. Easement #1 Dudley Mack Weathers, a married
man
Acquired
11/17/06
12. Tract # 7 Dudley
Mack Weathers, a married man
Acquired
11/17/06
13. Tract # 9 James
D. Martin, a single man, Robert W. Martin, Jr., a married man, and Melanie M.
McRae, a married woman
Acquired
11/10/06
14. Easement #1 James D. Martin, a single man,
Robert W. Martin, Jr., a married man, and Melanie M. McRae, a married woman
Acquired
11/10/07
15. Parcel
Acquired
11/13/06
16. Easement
Acquired
11/13/06
17. Easement # 1 James R. Hudson, Jr., and wife,
Suanne J. Hudson
Acquired
11/27/07
18. Parcel #1 and #2 James R. Hudson, Jr., and wife, Suanne
J. Hudson
Acquired
11/27/07
19. Easement #1 Minnie L. Yarbrough Neal, a
married woman
Acquired
11/14/07
20. Tract # 15 Minnie L. Yarbrough Neal, a
married woman
Acquired
11/14/07
21. Parcels 3, 5 and 30
Easement known
as First Baptist Church of Huntsville Alabama
Acquired
1/18/07
22. Parcels 3, 5, and 30
Right-of-Way know as First Baptist Church of
Huntsville Alabama
Acquired
1/18/07
23. N/A Danny
Atnip Realty, Inc.
Acquired
12/21/06
24. Easement Joe
Ed Bragg, a married man, Leonard E. Bragg, Jr., a married man, Joseph Alan
Bragg, a married man, Robert Vann Bragg, a married man, Susan Bragg Gray, a
married woman, Patricia Bragg Thorton, a married woman, Lisa Bragg Harbarger, a
married woman, and Deborah Bragg Shelton, a married woman
Acquired
1/8/07
25. Tract #4 The
Children’s
Acquired
1/26/07
26. Easement The
Children’s
Acquired
1/26/07
27. N/A Thomas
H. Griffith, a married man, and R. Parker Griffith, a married man,
Acquired
1/19/07
28. Easement Thomas
H. Griffith, a married man, and R. Parker Griffith, a married man,
Acquired
1/19/07
29. Correction
Deed Danny
Atnip Realty, Inc
Acquired
1/30/07
d. Routine bond satisfactions
e. Liquor bond mortgages
17. NON-ROSTER COMMUNICATIONS FROM THE
PUBLIC.
18. ADJOURN.