Revised: 05-26-09 (2:00
p.m.)
AGENDA FOR THE
TO BE HELD MAY 28, 2009 AT 6:00 P.M.
IN THE CITY COUNCIL CHAMBERS
CALL TO ORDER.
1. INVOCATION.
Dr. Richard
Showers, Sr., President Pro Tem
2. PLEDGE OF
ALLEGIANCE.
3. APPROVAL OF
MINUTES
a. Regular
Meeting held May 14, 2009.
(Minutes
Received)
4. RESOLUTIONS
AND SPECIAL RECOGNITIONS.
a. Mayor.
1. Recognition of students from the
2. Recognition of Huntsville City Schools
as a recipient of the18th
3. Recognition of B. T. Drake of
4. Presentation
by Operation Green Team.
b. Council.
1. Adoption and
Presentation.
2. Adoption
Only.
a. Resolution
in recognition of the Fraternal Club of Huntsville, Incorporated, First Annual President’s Award Banquet,
Holiday Inn Research Park, May 29, 2009.
(Showers/Culver)
c. Other
Special Recognitions.
Honorary Citizen Certificate presented to SFC Christopher L.
Patterson, SSG Elizabeth Y. Orozco, SPC Fatih Aksu and SPC Eric M. Beard,
Soldier of the Month Luncheon, May 21, 2009.
(City Council)
d. Announcements.
5. BUSINESS
WITH OUTSIDE LEGAL REPRESENTATION.
6. PUBLIC
HEARINGS.
a. Public
hearings to be held.
1. Public
hearing on Ordinance No. 09-327, on the rezoning land lying west of Bell Road
and on the north and south sides of Bell Manor Drive from Residence 1-B
District to Residence 2 District. (Set
April 16, 2009 Regular Council Meeting) (Planning)
2. Public
hearing on Ordinance No. 09-329, on the zoning newly annexed land lying on the
north side of Hartside Road and west of Taylor Road to Residence 1-A
District. (Set April 16, 2009 Regular
Council Meeting) (Planning)
3. Public
hearing on Ordinance No. 09-331, on the zoning newly annexed land encompassing
4. Public
hearing on Ordinance No. 09-333, on zoning newly annexed land lying on the east
side of U.S. Highway 431 South and south of Wade Road to Highway Business C-4
District. (Set April 16, 2009 Regular
Council Meeting) (Planning)
5. Public
hearing on a Resolution authorizing the City Clerk Treasurer to assess the cost
of boarding and securing against certain properties. (Community Development)
6. 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)
7. Public
hearing on a Resolution authorizing the demolition of an unsafe building
constituting a public nuisance located at
b. Public
Hearings to be Set
1. Resolution
to set a hearing for suspension of licensure for Valley Pools. (June 11, 2009 Regular Council Meeting) (Clerk Treasurer)
2. Resolution
to set a hearing for suspension of licensure for Maddox, James C. . (June
11, 2009 Regular Council Meeting) (City Treasurer)
7. COMMUNICATIONS
AND REPORTS.
a. Communications
from the Public.
b. Reports
8.
a. Resolution
of the City Council approving the Purchasing Card Service Agreement with
Regions Bank for Huntsville Electric Utility and Gas Utility and Water Works
Utility Boards. (Utilities: Electric, Gas, Water)
9. BOARD
APPOINTMENTS.
a. Board
Appointments to be Voted on.
1. Resolution
to reappoint Ms. Betty Gaylor to the Community Development Citizens Advisory
Council for a term to expire April 14, 2012.
(Nominated May 14, 2009 Regular Council Meeting) (Kling)
2. Resolution
to appoint Mr. Doug Dermody to the Housing Board of Adjustments and Appeals for
a tem to expire August 22, 2009.
(Nominated May 14, 2009 Regular Council Meeting) (Kling)
3. Resolution
to reappoint Mr. Mark D. Lumb to the Huntsville Madison County Railroad
Authority for a term ending May 17, 2016. (Nominated May 14, 2009 Regular
Council Meeting) (Moon)
4. Resolution
to reappoint Mr. George Thacker to the Museum Board of the City of
5. Resolution
to reappoint Ms. Betsy Lowe to the Museum Board of the City of
6. Resolution
to reappoint Mr. John Ofenloch to the Alabama Constitution Village/Historic
Huntsville Depot Board for a term ending June 26, 2012. (Kling)
b. Board
Appointment Nominations.
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
Culver
Councilman
Showers
Councilwoman
Moon
Councilman
Kling
Councilman
Russell
13. UNFINISHED
BUSINESS ITEMS FOR ACTION.
a. Ordinance
No. 09-433, concerning the annexation of land lying on the west side of
b. Resolution
renewing its guarantee to Superior Bank of Superior Bank’s $300,000 loan to
Condominium Development Partners, LLC, for the Mirabeau Gated Community, for a
period of not more than one year from the date Superior Bank renews or reissues
its $300,000 loan to Condominium Development Partners, Inc. (Introduced May 14, 2009 Regular Council
Meeting) (Administration)
14. NEW
BUSINESS ITEMS FOR INTRODUCTION.
a. Introduction
of an ordinance concerning the annexation of land lying on the south side of
Blake Bottom Road and the west side of Alabama Highway 53. (Planning)
b. Introduction
of an ordinance concerning the annexation of land lying on the north side of
Old Highway 20 and the east side of
c. Introduction
of an Ordinance to amend Speed Limit Ordinance No. 08-347, adopted and approved
on April 22, 2008. (Traffic Engineering)
15. NEW
BUSINESS ITEMS FOR CONSIDERATION OR ACTION.
a. Request
for authorization to fill one (1) full-time Public Safety Dispatcher,
Grade 11. (Fire &
Rescue)
b. Request
for authorization to advertise and fill one (1) full-time Aquatic Instructor,
Grade 7. (Recreation Services)
c. Resolution
authorizing the City Attorney to seek a forfeiture of the cash bond issued to
Home Port, Inc. (City Attorney)
d. Resolution
authorizing the Clerk Treasurer to invoke First Commercial Bank letter of
credit for Friend Subdivision. (City
Attorney)
e. Resolution
authorizing the Clerk Treasurer to invoke First Commercial Bank letter of
credit no. 1031 for Veterans Drive Extension, Redstone Village Subdivision.
(City Attorney)
f. Resolution
authorizing eminent domain proceedings for fee simple title to parcels of land
for sanitary sewer easements and temporary construction easements for the
Western Area Sewer Project.
(Hardiman/Martin) (City Attorney)
g. Resolution
authorizing eminent domain proceedings for fee simple title to parcels of land
for sanitary sewer easements and temporary construction easements for the
Western Area Sewer Project.
(Mitchell-Frazier Farms) (City
Attorney)
h. Resolution
authorizing eminent domain proceedings for fee simple title to parcels of land
for sanitary sewer easements and temporary construction easements for the
Western Area Sewer Project. (Hardiman)
(City Attorney)
i. Resolution
authorizing eminent domain proceedings for fee simple title to parcels of land
for the Church Street Improvements Project.
(Pendleton Estate) (City Attorney)
j. Resolution
authorizing the City Attorney to settle the claim of Charles Brand. (City Attorney)
k. Resolution
authorizing the City Attorney to settle the lawsuits entitled
l. Ordinance
declaring certain property as surplus and no longer needed for a municipal
purpose and donating said property to the Huntsville City Board of
Education. (
m. Ordinance
declaring certain property as surplus and no longer needed for a municipal
purpose and donating said property to the Huntsville City Board of
Education. (Blossomwood Elementary). (City Attorney)
n. Ordinance
declaring certain property as surplus and no longer needed for a municipal
purpose and donating said property to the Huntsville City Board of
Education. (
o. Resolution
authorizing the application of FTA Section 5309 Bus and Bus Related Facility
Capital Assistance Grant. (Parking and
Public Transit)
p. Resolution
authorizing a Preliminary Engineering Agreement between the State of
q. Resolution
authorizing a Preliminary Engineering Agreement between the State of Alabama
(acting through the Ala. Department of Transportation) and the City of
Huntsville for (Phase 2) resurfacing of various eligible streets in the City of
Huntsville. (Planning)
r. Resolution
authorizing a Construction Agreement between the State of Alabama (acting
through the Ala. Department of Transportation) and the City of Huntsville for
(Phase 1) resurfacing of various eligible streets in the City of Huntsville. (Planning)
s. Resolution
authorizing a Construction Agreement between the State of
t. Resolution
authorizing a Construction Agreement between the State of Alabama (acting
through the Ala. Department of Transportation) and the City of Huntsville and
Madison County for SR-255 (Research Blvd) from south of Dan Tibbs Road to SR-53
and Martin Luther King Blvd. to north of SR-53 in the City of Huntsville,
Madison County. (Planning)
u. Resolution
authorizing the Mayor to submit an Amendment for CDBG-R funds to the Community
Development Action Plan for FY08 to HUD.
(Community Development)
v. Resolution
authorizing the Mayor to enter into a Ground Lease Agreement with Community
Market, I, LLC. (Community Development)
w. Resolution
authorizing the Mayor to enter into an agreement with the low bidder, Angelo
Iafrate Construction Company, for Little Cove Road Improvements & Little
Cove Greenway, Project No. STPTE-TE05 (940) & COH Project No.
65-04-RD06. (Engineering)
x. Resolution
authorizing the Mayor to enter into an agreement with the low bidder, Miller
& Miller, Inc., for Jones Farm Tributary 12 Improvements, Project No.
65-06-DR07. (Engineering)
y. Resolution
authorizing the Mayor to enter into an agreement with the Alabama Department of
Transportation for I-565 & Greenbriar Road Interchange Modification,
Project No. IM-I565(308) 7 COH Project No. 65-09-SS04. (Engineering)
z. Resolution
authorizing the Mayor to enter into an agreement with the low bidder, Reed
Contracting Services, Inc., for Pulaski Pike Sanitary Sewer & Forcemain,
Project No. 65-08-SS02. (Engineering)
aa. Resolution
authorizing the Mayor to enter into an agreement with the low bidder, B.H.
Craig Construction Company, Inc., for Western Area Interceptor, Phase II,
Project No. 65-09-SM04. (Engineering)
bb. Resolution
authorizing the Mayor to enter into an agreement with the Alabama Department of
Transportation for the Installation of Street Lighting on the Interchange of
I-565 and CR-115 (Greenbriar Road), State Project No. IM-I565 (308) & COH
Project No. 65-09-RD05. (Engineering)
cc. Ordinance
to amend Budget Ordinance No. 08-1233, by changing appropriated funding within
various departments and funds. (Finance)
dd. Resolution
authorizing the Mayor to enter into an agreement with the low bidder meeting
specifications as outlined in the attached Summary of Bids for Acceptance. (Finance)
ee. Ordinance
amending Ordinance No. 09-389, adopted and approved on May 14, 2009, regarding
Dangerous Animals. (Animal Services)
16. LEGAL
DEPARTMENT ITEMS/TRANSACTIONS.
a. Vacation of
Easements
1. Resolution
authorizing the vacation of two 5-foot Utility and Drainage Easements, Lots 14
& 15, Block F, Stonemark Subdivision Parcel C, Phase I, Plat Book 16, Page
78. (Francis;
b. Vacation of
rights-of-way
None.
c. Deeds for
acceptance
PROJECT NO.:
STPHV-8540(600)
1.
Parcel # 1-A B. W.
HORNSBY and wife, EDITH HELEN HORNSBY
Acquired
04/21/2009
2.
Parcel # 8 FELIX
LANIER, SR., and wife, GEORGIA LANIER
Acquired
04/20/2009
3. Parcel
# 47 GERALD
COATS, an unmarried man
Acquired
04/15/2009
4.
Parcel # 77 RALPH W.
EPPLING and wife, DELL
K.
EPPLING
Acquired
04/15/2009
5.
Parcel # 86 WILLIAM
B. NOOJIN and wife,
MICKI
J. NOOJIN
Acquired
04/14/2009
PROJECT NO.:
65-07-RD12
6. Parcel # 3 AMBER D. CRADDOCK and
husband,
Correction Deed AARON OWEN CRADDOCK
Acquired
03/23/2009
WESTERN AREA
INTERCEPTOR SEWER EXTENSION (B&W)
PROJECT NO.:
65-07-SS07
7. Parcel
# 4A J.
RAND BRYAN, a widower
Sanitary Sewer Easement Acquired 05/18/2009
and TCE
d. Routine bond
satisfactions
None.
e. Liquor bond
mortgages
None.
17. NON-ROSTER
COMMUNICATIONS FROM THE PUBLIC.
18. ADJOURN.