Revised: 12-01-09 (5:00 P.M.)
AGENDA FOR THE
TO BE HELD DECEMBER 3, 2009 AT 6:00
P.M.
IN THE CITY COUNCIL CHAMBERS
CALL TO ORDER.
1. INVOCATION.
Councilman Will
Culver
Representing District
Five
2. PLEDGE OF
ALLEGIANCE.
3. APPROVAL OF
MINUTES
a.
Regular
Meeting held November 19, 2009.
(Minutes Received)
4. RESOLUTIONS AND
SPECIAL RECOGNITIONS.
a.
Mayor.
1.
Presentation
of Citizen’s Certificate of Appreciation. (HPD)
b. Council.
1.
Adoption
and Presentation.
2.
Adoption
Only.
3.
Presentation
Only.
a.
Presentation
of Resolution No. 09-1029, adopted November 5, 2009 Regular Council Meeting,
congratulating Mr. Dan Montgomery, Corporate Lead Executive, Northrop Grumman
in Huntsville upon his retirement, October 2009. (Culver)
c. Other Special Recognitions.
d. Announcements.
5. BUSINESS WITH OUTSIDE LEGAL REPRESENTATION.
None.
6. PUBLIC
HEARINGS.
a.
Public
hearings to be held.
1.
Public
hearing for Robert C. Gammons of Stephens, Millirons, Harrison & Gammons,
P.C. representing Pastor Ricky Lowery and the members of the Greenbrier Baptist
Church appealing the decision of the Liquor License Review Committee’s approval
of an off-premise beer & wine license to Randy Crowe, dba; Greenbrier
Convenience Store located at 27035 Old Hwy. 20, Madison, Alabama. (December 3, 2009 Regular Council
Meeting). (Set November 19, 2009 Regular
Council Meeting) (Clerk Treasurer)
2.
Public
hearing for Jallah K. Zaizay d/b/a Trans City Cab to operate an additional five
(5) taxicabs in the City of Huntsville. (December
3, 2009 Regular Council Meeting) (Set
November 19, 2009 Regular Council Meeting)
(Parking & Public Transit)
b.
Public
Hearings to be Set
7. COMMUNICATIONS
AND REPORTS.
a. Communications from the Public.
b. Reports
8. HUNTSVILLE UTILITIES ITEMS.
9. BOARD APPOINTMENTS.
a.
Board
Appointments to be Voted on.
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
Showers
Councilwoman
Moon
Councilman
Kling
Councilman
Culver
Councilman
Russell
13. UNFINISHED BUSINESS ITEMS FOR ACTION
a.
Ordinance
No. 09-1106, concerning the annexation of land lying on the west
side of Nick Fitcheard Road and north of Research Park Blvd. (Introduced
November 19, 2009 Regular Council Meeting)
(Planning)
b.
Ordinance
No. 09-815, to amend ARTICLE 73 – SUPPLEMENTAL
REGULATIONS, to add new Section 73.22 –
Correctional Facilities; and to amend
Article 40 – Light Industry, Article 41- Heavy Industry, Article 42 – Planned Industrial Park, Article 44 – Commercial Industrial
Park and Article 46 – Industrial Park to
add Correctional Facilities as an
allowed use in the City of
Huntsville Zoning Ordinance. (Set
September 10, 2009 Regular Council
Meeting) (Postponed October 22, 2009 to
December 3, 2009 Regular Council (Planning)
14. NEW
BUSINESS ITEMS FOR INTRODUCTION.
a. Introduction of an
amendment to Ordinance No. 04-315, as amended (the Personnel Policies and
Procedures Manual) to provide for a retirement incentive program.
(Administration)
15. NEW
BUSINESS ITEMS FOR CONSIDERATION OR ACTION.
a.
Resolution
authorizing the Clerk Treasurer to invoke Regions Bank letter of credit no.
79318093 for Crest Park First and Second Additions, Cumberland Estates, The
Highlands at the Ledges. (City Attorney)
b.
Resolution
authorizing the Clerk Treasurer to invoke First Commercial Bank letter of
credit no. F-100 for Friend Subdivision.
(City Attorney)
c.
Resolution
authorizing the Clerk Treasurer to invoke RBC Bank letter of credit no. 2138
for Laurenwood Preserve Phase 3 Subdivision.
(City Attorney)
d.
Resolution
authorizing the Clerk Treasurer to invoke RBC Bank letter of credit no. 2139
for Maple Ridge Subdivision. (City
Attorney)
e.
Resolution
authorizing the Clerk Treasurer to invoke Regions Bank letter of credit no.
79318094 for Twickenham Village at the Ledges.
(City Attorney)
f.
Resolution
authorizing the Clerk Treasurer to invoke Regions Bank letter of credit no.
79318091 for Crest Park First and Second Additions, Cumberland Estates, The
Highlands, at the Ledges. (City
Attorney)
g.
Resolution
authorizing the Clerk Treasurer to invoke RBC Bank letter of credit no. 2141
for Laurenwood Preserve Phase 3 Subdivision.
(City Attorney)
h.
Resolution
authorizing the Clerk Treasurer to invoke RBC Bank letter of credit no. 2140 f
or Maple Ridge Subdivision. (City
Attorney)
i.
Resolution
authorizing the City Attorney to seek a forfeiture of the surety bond issued by
Great American Insurance Company. (City
Attorney)
j.
Resolution
authorizing the City Attorney to seek a forfeiture of the surety bond issued by
Western Surety Company. (City Attorney)
k.
Resolution
authorizing the Clerk Treasurer to invoke Regions Bank letter of credit no.
79318092 for Twickenham Village at the Ledges.
(City Attorney)
l.
Resolution
authorizing the Mayor to enter into a Standard Agreement for Professional
Architectural Services between the City of Huntsville and Rossetti Associates,
Inc., for Von Braun Center renovations. (City Attorney)
m.
Resolution
consenting to collocation of T-Mobile South, LLC, and Clearwire, LLC,
communications facilities pursuant to sublease between the City of Huntsville
and Crown Castle GT Company. (City Attorney)
n.
Resolution
authorizing eminent domain proceedings to acquire a permanent, exclusive
utility and drainage easement on, over and under certain parcels of land for
the Stanford Drive and Auburn Avenue Drainage Improvements Project (Buckhead).
(City Attorney)
o.
Resolution
authorizing eminent domain proceedings to acquire a certain parcel of land for
the Church Street Improvements Project (Southerland). (City Attorney)
p.
Resolution
authorizing the Mayor to enter into a Radio Tower Sublease Agreement between
the City of Huntsville and Sharp Communications, Inc. (Water Pollution Control)
q.
Resolution
authorizing an agreement between the State of Alabama and the City of
Huntsville regarding Western Madison County Streetscape Development. (Planning)
r.
Resolution
requesting the Industrial Development Board of the City of Huntsville to
negotiate an option contract among the Industrial Development Board, the City
of Huntsville and the Sewell Family Partnership for the option to purchase
approximately 1500 acres of property in Limestone County, and to submit the
contract to the City Council for consideration. (Administration)
s.
Resolution
authorizing the mayor to sign the KaBoom Outreach Statement and to enter into
an agreement with KaBoom entitled Community Partner Playground Contract in the
amount of $7,500 plus other good and valuable consideration. (Recreation Services)
t.
Resolution
authorizing the Mayor to enter into an agreement with Goodwyn, Mills and Cawood, Inc. for Engineering Services for
Northern Bypass Corridor Study from U. S. Highway 431/231 to U. S. Highway
72, Project No. 65-10-RD01. (Engineering)
u.
Resolution
authorizing the Mayor to enter into an agreement with 4Site, Inc. for
On-Call Civil Engineering, Landscape
Architecture and Surveying Services, Project No. 65-10-DM01. (Engineering)
v.
Resolution
authorizing the Mayor to enter into an agreement with Goodwyn, Mills and Cawood, Inc. for Engineering Design Services for Flint River Greenway,
Phase III, Project No. 65-10-WP02. (Engineering)
w.
Resolution
authorizing the Mayor to enter into an agreement with Smith Engineering Company,
Inc. for Engineering Design Services for
Thornton Avenue Drainage Improvements, Phase II, Project No. 65-10-DM02.
(Engineering)
x.
Resolution
authorizing the Mayor to enter into an agreement with the low bidders meeting
specifications as outlined in the attached Summary of Bids for Acceptance. (Finance)
y. Ordinance to amend
Budget Ordinance No. 08-1233, by changing appropriated funding within various
departments and funds. (Finance)
z. Resolution
authorizing the acceptance of donations. (Finance)
aa. Resolution
authorizing the Mayor to execute an agreement with Beason & Nalley, Inc.
for the fiscal year 2009 independent audit. (Finance)
bb.
Resolution
authorizing the Mayor to enter into an agreement between the City of
Huntsville, Alabama and Madison County, Alabama to provide Madison County
District 6 with Community Development funds for capital development
projects. (Community Development)
cc.
Resolution
authorizing the Mayor to execute a Real Estate Sales Contract between the City
of Huntsville and T.K. Roberts, LLC for the sale of a lot in the Lowe Mill
District. (Community Development)
dd.
Resolution
granting the application of Limestone Management, Inc., as Trustee of the
Martha M. Sanders Testamentary Trust (as Owner) and the Water and Wastewater
Board of the City of Madison, Alabama (as Operator) to test pump; re-drill; and
operate an existing water well within the City of Huntsville. (Clerk-Treasurer)
ee.
Resolution
authorizing Modification No. 1 to
"Standard Agreement for Professional Architectural Services for the
City of Huntsville and Bill Peters Architects" as approved by Resolution
No. 08-95 on January 24, 2008 for Construction of Garage D and Associated
Development. (Parking and Public
Transit)
ff.
Resolution
authorizing the Mayor to enter into a Renewal and Extension of Lease Agreement
between the City of Huntsville and Bailey Cove, LLC previously adopted by
Resolution No. 99-351 on April 15, 1999.
(Police)
gg. Resolution
authorizing the Mayor it execute a Memorandum of Understanding among the City
of Huntsville, the Huntsville City Board of Education, and Greenbrier
Enterprises, LLC, Mark Russell McDonald, Stanton Howell McDonald, Caroline
McDonald Aderholt and Leah McDonald Engler (the “McDonald Family”). (City Attorney)
16. LEGAL DEPARTMENT
ITEMS/TRANSACTIONS.
a. Vacation of Easements
None.
c. Deeds for
acceptance
CHURCH
STREET IMPROVEMENTS
PROJECT
NO.: STPHV-8540 (600)
1. Tract 15 DAVID
DUPEE, a married man
Acquired
09/18/2009
2. Tract 53 EDNA
M. HOPKINS, a widow
Acquired
09/17/2009
3. Tract 18 JANICE
HEREFORD, a married woman,
JESSE
JOHNSON, a married man, BARBARA JOHNSON, a single woman, RONALD JOHNSON, a
single man, and ANGELO JOHNSON, a married man
Acquired
09/24/2009
4. Tract 6 FORREST
SMITH, a married man, LINDER SMITH, a married woman, and LINNIE HOLT, a single
woman
Acquired
10/19/2009
CLINTON
AVENUE BRIDGE PROJECT
5. Tract 2 BIG
SPRINGS, INC., a Delaware
Right-of-Way Deed corporation
Acquired
11/04/2009
6. Tract 2 BIG
SPRINGS, INC., a Delaware
U & D Easement corporation
Acquired
11/04/2009
CLINTON AVENUE BRIDGE
PROJECT
PROJECT NO.: 65-06-DR05
7. Parcel 21 LUCY
M. BUCHANAN, a married woman,
Utility and Drainage Easement LUKE R. MATTHEWS, a single man, and
LOWELL M. ADAMS, a married woman
Acquired
07/17/2009
8. Parcel 21 & 25 LUCY
M. BUCHANAN, a married woman,
Grant of Right-of-Way & LUKE R. MATTHEWS, a
single man, and
Temporary Construction Easement LOWELL M. ADAMS, a married woman
Acquired
07/17/2009
JONES FARM PARK
PEDESTRAIN WALKWAY PROJECT
9. Sidewalk Easement CARLOYN JONES
BLUE, a married woman, and ELIZABETH JONES LOWE, a married woman
Acquired
09/24/2009
MERIDIAN STREET
IMPROVEMENTS PROJECT
PROJECT NO.:
65-01-RD02
10. Tract 35 WEST
HUNTSVILLE LAND CO., an Alabama corporation
Acquired
10/16/2009
MERIDIAN STREET
IMPROVEMENTS PROJECT
PROJECT NO.:
STPAA-8539(001)
11. Tract 35 WEST
HUNTSVILLE LAND CO., an
Right of Way Alabama corporation
Acquired
10/16/2009
NANCE ROAD
IMPROVEMENTS PROJECT
PROJECT NO.:
65-08-RD02
12. Parcel 9 TERRY
W. REIMAN and wife, MARSHA
H.
REIMAN
Acquired
08/19/2009
13. Parcel 9 TERRY
W. REIMAN and wife, MARSHA
H.
REIMAN
Acquired
08/19/2009
OLD BIG COVE ROAD
EXTENSION PROJECT
PROJECT NO.:
65-08-RD01
14. Parcel A1 &
A2 JERRY
MOORE, a married man
Right of Way Acquired 07/13/2009
STANFORD DRIVE &
AUBURN AVENUE DRAINAGE PROJECT
PROJECT NO.:
65-09-DM07
15. U & D
Easement JEFF
GARRARD and wife, PATRICIA MCDONALD GARRARD
Acquired
11/04/2009
16. U & D
Easement RALPH
W. YOUNG and wife, HELEN D. YOUND
Acquired
07/29/2009
17. U & D
Easement JOHN
ROBERT FIBRANZ and wife, CASSIE L. FIBRANZ
Acquired
09/03/2009
18. U & D
Easement CHARLES
G. KING and wife, JEWEL D. KING
Acquired
08/06/2009
WESTERN AREA
INTERCEPTOR SEWER EXTENSION PROJECT
PROJECT NO.:
65-07-SS07
19. Sanitary Sewer
Easement HAMPTON COVE
LAND COMPANY, INC.
Acquired
09/01/2009
20. Sanitary Sewer
Easement MARKLAND
DEVELOPMENT COMPANY, INC.
Acquired
09/01/2009
21. Sanitary Sewer
Easement MARY J. FREETHY,
a/k/a MARY E. AZEVEDO, a married woman, and JANICE C. THIELEMANN, a married
woman
Acquired
07/07/2009
22. Sanitary Sewer
Easement ANTONIA
HARDIMAN, a single woman,
Tract 2A and
JOHNNIE M. VALDES, being the widow of Donald M. Valdes
Acquired
10/14/2009
23. Sanitary Sewer
Easement CHARLES C.
WILLIAMS, SR., and wife,
Parcel 1 SHARON
R. WILLIAMS
Acquired
11/12/2009
d. Routine bond satisfactions
None.
e. Liquor bond mortgages
None.
17. NON-ROSTER COMMUNICATIONS FROM THE PUBLIC.
18. ADJOURN.