Revised: Tuesday, October 6, 2015: 2:00 p.m.

AGENDA FOR THE HUNTSVILLE CITY COUNCIL REGULAR MEETING

TO BE HELD OCTOBER 8, 2015 AT 6:00 P.M.

IN THE CITY COUNCIL CHAMBERS

CALL TO ORDER.

1.INVOCATION.

Frederick Woods

2.PLEDGE OF ALLEGIANCE.

3.APPROVAL OF MINUTES

a. Regular Meeting held September 24, 2015.

(Minutes Received)

4.RESOLUTIONS AND SPECIAL RECOGNITIONS.

a. Mayor.

1. Presentation of STAR 99.1/CAFY Young Citizen of the Month.

2. Presentation of Life Saving Medals to Officers Lenzie Albert, April Payne, Scott Trew, Jason Vanderbrink.

b. Council.

1. Adoption and Presentation.

2. Adoption Only.

a. Resolution welcoming Elder Bernard C. Yates, guest speaker of the Mallard Creek Primitive Baptist Association’s 142 ^nd Annual Session, to be held Thursday, October 22, 2015. (Showers)

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 a Resolution for Madison County Shuttle to operate three (3) special shuttles.(Set September 24, 2015, Regular Council Meeting)(Parking and Public Transit)

2. Public hearing on A M Booth’s Lumberyard, LLC, to appeal the disapproval of a Restaurant Retail Liquor License by the License Review Committee on September 17, 2015.(Set September 24, 2015, Regular Council Meeting)(Clerk-Treasurer)

3. Public hearing regarding a Private Subdivision: Stratford Phase 2 at McMullen Cove.(Planning)

4. Public hearing regarding a Private Subdivision: Silo Hill Phase 2 at McMullen Cove.(Planning)

5. Public hearing on a Resolution authorizing the demolition of an unsafe building constituting a public nuisance located to 2139 Davidson St., NE.(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)

b. Public hearings to be set.

1. Resolution to set a public hearing on an ordinance rezoning property lying southof Interstate 565 and east of Swancott from Highway Business C-4 District to Commercial Industrial Park District.(Set November 19, 2015, Regular Council Meeting)(Planning)

2. Resolution to set a public hearing on an ordinance to amend Article 71 – Off Street Parking And Vehicular Use Area (PVA) Landscaping Requirements, Section 71.6 – PVA Lighting Requirements, to amend garage lighting standards. (Set November 19, 2015, Regular Council Meeting)(Planning)

3. Resolution to set a public hearing (November 19, 2015) on an ordinance to amend

Article 10 – Residence 1 District Regulations, Section 10.7 – Conditions on Uses;

Article 11 – Residence 1-A District Regulations, Section 11.6 – Conditions on Uses;

Article 12 – Residence 1-B District Regulations, Section 12.6 – Conditions on Uses;

Article 13 – Residence 2 District Regulations, Section13.6 – Conditions on Uses;

Article 14 – Residence 2-A District Regulations, Section 14.6 – Conditions on Uses;

Article 15 – Residence 2-B District Regulations, Section 15.7 – Conditions on Uses;

Article 16 – Residence 1-C District Regulations, Section 16.5 – Conditions on Uses;

Article 17 – Residence 2-C District Regulations, Section 17.3 – Conditions on Uses;

Article 20 – Neighborhood Business C-1 District Regulations, Section 20.1 – Uses Permitted, subsection 20.1.6 – Conditions on Uses;

Article 22 Neighborhood Business C-2 District Regulations, Section 22.5 – Conditions on Uses;

Article 80 – Residential Office District Regulations, Section 80.9 – Conditions on Uses;

Article 81 – Office District Regulations, Section 81.7 – Conditions on Uses;

and amend Article 92 – Board of Adjustment, Section 92.5. – Powers and Duties, subsection 92.5.3 – Permitted Uses as Special Exceptions, by adding new subsection 92.5.3(39) to modify existing building materials. (Set November 19, 2015, Regular Council Meeting)(Planning)

4. Resolution to set a public hearing on an ordinance to amend Article 72 – Sign Regulations, Section 72.4 – Permitted Signs by Districts, by amending subsection 72.4.2 Research Park, Research Park Applications, Office, Residence 2-B, Neighborhood Business C-1, Neighborhood Business C-1A, Planned Industrial, and Disposal Storage Districts; Article 75 – Alcoholic Beverage Establishment Regulations, Section 75.3 – Permitted Establishments by Districts, by amending subsection 75.3.1 Neighborhood Business C-1, Neighborhood Business C-1A and Neighborhood Business C-2 Districts; and amend Article 92 -- Board of Adjustment, Section 92.5 – Powers and Duties, subsection 92.5.3(2) – Permitted Uses as Special Exceptions, to delete language concerning the Neighborhood Business C-1A District. (Set November 19, 2015, Regular Council Meeting)(Planning)

7.COMMUNICATIONS AND REPORTS.

a.Communications from the Public.

b.Reports

8.HUNTSVILLE UTILITIES ITEMS.

a. Resolution authorizing the approval and purchase of materials and labor for new construction for FY2016.(BWO 151-2016) (Utilities: Water)

b. Resolution authorizing the approval and purchase of materials and labor for renewal and replacement projects for FY2016.(BWO 152-2016) (Utilities: Water)

c. Resolution authorizing the approval and purchase of transportation items for FY2016.(BWO 173-2016) (Utilities: Water)

d. Resolution authorizing the approval and purchase of metering equipment for FY2016.(BWO 176-2016) (Utilities: Water)

e. Resolution authorizing the approval and purchase of materials and labor for new construction items for FY2016.(BWO 251-2016) (Utilities: Gas)

f. Resolution authorizing the approval and purchase of materials and labor for renewal and replacement projects for FY2016.(BWO 252-2016) (Utilities: Gas)

g. Resolution authorizing the approval and purchase of transportation items for FY2016.(BWO 273-2016) (Utilities: Gas)

h. Resolution authorizing the approval and purchase of metering equipment for FY2016.(BWO 276-2016) (Utilities: Gas)

i. Resolution authorizing the approval and purchase of new regulators for FY2016.(BWO 278-2016) (Utilities: Gas)

j. Resolution authorizing the approval and purchase of materials and labor for new construction items for FY2016.(BWO 351-2016) (Utilities: Electric)

k. Resolution authorizing the approval and purchase of materials for renewal and replacement projects for FY2016.(BWO 352-2016) (Utilities: Electric)

l. Resolution authorizing the approval and purchase of transportation items for FY2016. (BWO 373-2016) (Utilities: Electric)

m. Resolution authorizing the approval and purchase of communications equipment for FY2016.(BWO 374-2016) (Utilities: Electric)

n. Resolution authorizing the approval and purchase of computer equipment items for FY2016.(BWO 375-2016) (Utilities: Electric)

o. Resolution authorizing the approval and purchase of metering equipment for the FY2016.(BWO 376-2016) (Utilities: Electric)

p. Resolution authorizing the approval and purchase of transformers for FY2016.(BWO 377-2016) (Utilities: Electric)

q. Resolution authorizing the approval and purchase for the expenses related to operating and maintaining the computer systems for FY2016.(BWO IT-2016) (Utilities: Electric)

9.BOARD APPOINTMENTS.

a. Board Appointments to be voted on.

b. Board Appointment Nominations

1. Nomination of Eric Milberger for appointment to the Board of Examinations and Appeals for Construction Industries, for a term to begin October 22, 2015, and expire September 21, 2018. (Russell)

2. Nomination of Arley McCormick for appointment to the Alabama Constitution Village/Historic Huntsville Depot Board for a term to begin October 22, 2015, and expire June 26, 2017. (Russell)

3. Nomination of James Tony Smith for reappointment to the Educational Building Authority of the City of Huntsville, A & M University, for a term to begin November 10, 2015, and expire November 10, 2021. (Showers)

4. Nomination of Dr. William Hicks for reappointment to the Educational Building Authority of the City of Huntsville, Oakwood College, for a term to begin November 10, 2015, and expire November 10, 2021. (Showers)

5. Nomination of Keith Schonrock, III, for reappointment to the Huntsville Ice Skating Board of Control, for a term to begin November 20, 2015, and expire November 20, 2018. (Kling)

6. Nomination of Charles Saunders for reappointment to the Huntsville Ice Skating Board of Control, for a term to begin November 20, 2015, and expire November 20, 2018. (Kling)

10.APPROVAL OF EXPENDITURES.

a. Resolution authorizing expenditures for payment.(Finance Committee)

b. Finance Committee Report.

11.COMMUNICATIONS FROM THE MAYOR.

12.COMMUNICATIONS FROM COUNCIL MEMBERS.

Councilman Will Culver

Councilman Bill Kling

Councilman Richard Showers, Sr.

Councilwoman Jennie Robinson

Councilman Mark Russell

13.UNFINISHED BUSINESS ITEMS FOR ACTION.

a. Ordinance No. 15-661, amending Ordinance No. 89-79, Classification and Salary Plan Ordinance, to provide additional compensation for positions within the Fire Department.(Introduced August 27, 2015, Regular Council Meeting, Postponed September 10, 2015, Regular Council Meeting)(Culver) DELETED

b. Ordinance No. 15-719, amending Section 18-36, Sidewalk Cafes, Vendors, and Mobile Food Vendors, of the Code of Ordinances of the City of Huntsville, Alabama, to amend hours of operation for mobile food vending units.(Introduced September 24, 2015, Regular Council Meeting)(Planning)

c. Ordinance No. 15-720, amending Chapter 25, Article IV, Division 2, Section 25-245 (f), Fees and Rates for Off-Street Parking Facilities, of the Code of Ordinances of the City of Huntsville, Alabama.(Introduced September 24, 2015, Regular Council Meeting)(Parking and Public Transit)

14.NEW BUSINESS ITEMS FOR INTRODUCTION.

15.NEW BUSINESS ITEMS FOR CONSIDERATION OR ACTION.

a. Resolution authorizing the Clerk-Treasurer to invoke National Bank of Commerce Letter of Credit No. 401184800 for Inspiration on Green Mountain III Subdivision.(City Attorney)

b. Resolution authorizing the Clerk-Treasurer to invoke National Bank of Commerce Letter of Credit No. 400692800 for Inspiration on Green Mountain II Subdivision.(City Attorney)

c. Resolution authorizing the Clerk-Treasurer to invoke Bryant Bank Letter of Credit No. 1161 for Cross Creek Phase IV Subdivision.(City Attorney)

d. Resolution authorizing the City Attorney to settle the claim of Sheila Scroggins. (City Attorney)

e. Resolution authorizing the Mayor to execute a Tenant Estoppel Certification between the City of Huntsville and BCA CM, LLC d/b/a Bedrock Capital Associates, LLC. (City Attorney)

f. 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)

g. Ordinance to amend Budget Ordinance No. 14-665, by changing authorized personnel strength in the various departments and funds.(Finance) DELETED

h. Resolution authorizing approval of travel expense reports.(Finance)

i. Resolution authorizing the Mayor to execute a waiver and release between the City of Huntsville and Kovatch Mobile Equipment Corporation (“KME”) regarding ownership of a 1989 Grumman Ladder Truck.(Fire & Rescue)

j. Resolution authorizing the Mayor to enter into a Special Employee Agreement between the City of Huntsville and Hilary Gould for work on the Huntsville Extreme Energy Makeover Project. (Community Development)

k. Resolution authorizing the Mayor to enter into an agreement between the City of Huntsville and Goodwyn, Mills and Cawood for Engineering Design Services for Aldridge Creek Greenway Extension (Task 1), Project No. 65-16-WP01.(Engineering)

l. Resolution authorizing the Mayor to execute Change Order No. 1 between the City of Huntsville and Midsouth Paving, Inc. for Gateway Greenway, Phase III, Project No. 65-14-WP01.(Engineering)

m. Resolution authorizing the Mayor to enter into an agreement between the City of Huntsville and the low bidder, Reed Contracting Services, Inc., for Sanitary Sewer Relocation Project, Widening and Relocation of Church Street, Phase I, Project No. 65-01-RD05 & ALDOT Project No. STPHV-4500(200).(Engineering)

n. Request for authorization to advertise and fill vacant Equipment Technician II position, at higher than minimum if necessary.(Fleet)

16.LEGAL DEPARTMENT ITEMS/TRANSACTIONS.

a. Vacation of Easements

1. Resolution authorizing the vacation of Utility and Drainage Easements for Nichols Commercial Park.(Freedom Real Estate)

.

b. Vacation of rights-of-way

1.a. Resolution consenting to the vacation of a right-of-way along a portion of England Street. (Propst)

1.b. Ordinance authorizing the vacation of right-of-way along a portion of England Street. (Propst)

c. Deeds for acceptance

1.Drainage EasementLong Term Capital, LLC

Dunlop Blvd.Acquired 9/4/2015

CHURCH STREET IMPROVEMENTS, PHASE I

2.Tract No. 3 & 3AFlamingo Enterprises, Inc.

Acquired 9/29/2014

3.Tract No. 6 & 6A501 Church Street, LLC

Acquired 7/28/2015

4.Tract No. 7 & 7AWiz Biz Holdings, LLC

Acquired 2/11/2015

5.Tract No. 8Chased Properties, LLC

Acquired 11/24/2014

6.Tract No. 9The Fraternal Club of Huntsville, Inc.

Acquired 7/23/2014

7.Tract No. 11 & 12Bragg & Bragg, LLC

Acquired 11/6/2014

8.Tract No. 13Kathy Plexico

Acquired 7/14/2014

9.Tract No. 14Alison Harris

Acquired 6/12/2014

10.Tract No. 20Kinnaird & Franke Commercial

Condominium Association

Acquired 9/19/2014

11.Tract No. 22William C. Casey

Acquired 1/9/2015

12.Tract No. 25 & 25ASherman Industries, LLC

Acquired 8/28/2015

13.Tract No. 26RTR, LLC

Acquired 11/3/2014

14.Tract No. 27 & 27AHabitat for Humanity of Madison County

Acquired 6/8/2015

15.Tract No. 31Luther Click and Kathy Click and Katherine Plexico

Acquired 7/14/2014

16.Tract No. 37Jo Ann Mazza

Acquired 2/16/2015

17.Tract No. 41ATA Webster, Inc.

Acquired 8/25/2015

18.Tract No. 43 & 43AStevens Oil Company

Acquired 2/11/2015

d. Routine bond satisfactions

None.

e. Liquor bond mortgages.

None.

17.NON-ROSTER COMMUNICATIONS FROM THE PUBLIC.

18.CITY COUNCIL ELECTION.

a.President

President Pro Tem

Third Presiding Officer

City Council Committee Elections

b.A member of the Council shall be elected by the Council to serve as its representative to the City of Huntsville Planning Commission.The same member shall serve as the Council’s representative to the Metropolitan Planning Commission.

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 Alabama Regional Council of Governments

2 – appointments

2.Community Action Agency of Huntsville/Madison and Limestone

Counties, Inc.

1 – appointment

3.Advisory Commission on Accessibility

1 – appointment(City Council President or his designee)

4.City of Huntsville Insurance Committee

2 – appointments

5.Chairperson of the Finance Committee and one other member of the Council as Vice Chairperson of the Finance Committee.

19.ADJOURN