Council meeting, May 20, 2013

The council covered 3 1/2 pages of agenda business that included an overhaul of the three-year-old Fiscal Policy, approved in the work session just before the regular meeting [covered in previous entry]. The city also has set a bid opening for demolishing a substantial office building it owns at 90 Bagby Drive in West Homewood, although no plans were forthcoming except to lease parking space to the Brown-Mackie College. Interesting from a dramatic standpoint was the council’s harshly worded resolution criticizing Alabama Power Company, whose representatives didn’t show up as agreed to take comments about the company’s tree-cutting practices. Trees and vegetation in some sections of the city have been “cut to the nub” council members said.

Members present:  Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, council president Bruce Limbaugh, Walter Jones, Jenifer Champ Wallis, and Peter Wright. Mayor Scott McBrayer was also present.

Members absent:  Patrick McClusky, Heather Reid, Richard Laws.

Staff present:  City clerk Linda Cook, city attorney Mike Kendrick, Mayor chief of staff J. J. Bischoff, city engineering and zoning staff Vanessa McGrath and Greg Cobb.

Audience attendance:  23

All votes are unanimous unless noted otherwise.

Approved Board of Education Ward 4 appointment: Charley Douthit was appointed to the school board vacancy.

Approved for reappointment to the park board on a 7-1 split vote:  Chris Meeks will continue as a member of the park board after candidates were interviewed last week.

Voting no:  Michael Hallman voted no, saying he didn’t think Meeks’ application was in the top three of six interviewed.

Approved to three member Educational Building Authority:  Ashley Page and Tom Dekle were approved tonight. They join Marcus Huskey, approved previously on the three member board. Such boards are authorized by state law as entities to seek bonds and other means to finance new school buildings or additions, such as the planned central office and C campus. The authorities are typically dissolved when the debt is retired.

Approved consent agenda, dropping several items:  Dropped by Public Works Committee after discussion are 1. A request for street cuts (?); 2.  Permission to work in city right-of-way at 2740 Central Avenue; Crosswalk signage on Oxmoor Road near Ridge Road; and considering a retaining was in the 1600 block of Oxmoor Road.

Approved, subject to campus development plan:  Following a public hearing in which no one commented, the council approved the rezoning of the Magnolia Apartment parcels from apartments to institutional use for a school board campus, and sent the matter to the Planning and Development Committee.

Approved immediately by unanimous consent:  A residence at 101 Gillon Drive that was rezoned C-2 (neighborhood shopping) but never used for a business was rezoned to residential (neighborhood preservation district) to allow a sale to new buyers.  The council voted to allow the rezoning on the first reading.

Denied a sign variance: Following a public hearing in which no one spoke, John Saddler was denied a sign variance at his Allstate business, 832 Green Springs Highway, due to a city-wide moratorium on pole signs. Saddler had told the city staff that he would merely resurface the existing pole sign, which is also nonconforming, if not granted a variance for a new sign, which would be approximately twice the allowed square footage. Mr. Hawkins said he was disappointed that the business wouldn’t cooperate with the city’s request to use a monument sign instead.

Approved larger signs for Express Oil Change locations: Express Oil Change has acquired Tire Engineers and was approved, following a public hearing, to place larger combined monument signs at 196 West Valley Avenue and 407 Hollywood Blvd.  A third location at 1717 27th Court South was dropped or not included. No image of the new signs was presented.

Approved:  A request by Rachel Craige to open the south end of a dead-ended alley behind 319 Laurel Place. The matter has been to back and forth between several committee meetings because residents are concerned about drainage. Mr. Cobb said problems would be addressed.

Approved on a 7-1 split vote:  The council in regular session passed a resolution accepting the mayor’s changes to the city La, which were discussed in the work session [see work session post for details.] Mayor McBrayer commented earlier that he needed a later timeline for presenting a proposed budget because some figures — such as insurance– were not available until August of each year. Also, he had deleted an annual presentation and public hearing for capital projects, saying the city council already knew what the capital projects needed to be (public safety center).

Voting no:  Michael Hallman disagreed with the later timeline, as he did when the amendments were presented at the previous work session.

The city is asking for bids to demolish this building on West Valley Avenue and Bagby Drive in West Homewood.

Approved on a 7-1 split :  A bid opening for demolition of the building at 90 Bagby Drive was set for June 17, 4:30 p.m.  Accompanying the request is approval to spend $2,500 to evaluate the property.  The parking lot is planned to be leased to Brown-Mackie for overflow parking at an undisclosed rate, although council talk sets it at $500/month.

Voting no: Michael Hallman gave no reason, but has said he needed more information on the plans for the building and reason for its demolition.

Approved:  Declared as surplus property, for sale, four police vehicles and one building maintenance vehicle.

Approved:  The city will split with residents the cost of a decorative street sign for Lancaster Road and U.S. 31.

Approved:  The council referred the following matters to the Finance Committee – A request for amendments to the current General Fund, Capital Projects and Special Revenue Funds budget; and tuition reimbursement for Firefighter Brandon Broadhead; a new request from Mr. Thames…[tba/unclear].

Other new business

Set two public hearings on June 24:  1.  A recommendation from the Planning Commission to rezone a house at 1659 28th Avenue South from residential (NPD) to Mixed Use (MXD) so the homeowner could rebuild the house and operate retail concerns in the rear section; and 2. A Planning Commission recommendation to amend the zoning ordinance by replacing the permitted use “Condominium” with “Dwelling Units.”

The large former Mazer’s property is seeking sign variances for its tenants. Furniture LIquidators, cited for this oversized sign, was given until July 1 to present an acceptable alternative, or take it down.

Set a public hearing June 10:  A public hearing is set June 10 for consideration of a sign variance for the old Mazer’s property, now being redeveloped for a Pep Boys and other businesses in a joint partnership with Terra Equities and Dunn Real Estate.

Approved property liens on three buildings declared a public nuisance and cleaned by the city last year:  1.  $10,232 for clean-up at 150 Green Springs Highway (listed as the former Wing Out restaurant); 2. $1,078 for cleaning up property at 1106 Irving Road; and $1,059 for cleaning up 2708 17th Street South.

Approved a resolution critical of Alabama Power Co. After unanswered complaints about severe tree cutting throughout the city, the council discussed and passed a resolution calling for APCO to cease tree cutting immediately until the matter can be discussed with the city and residents, and to take better care with allowed tree trimming in the future. Mr. Hawkins asked that all sub-contractors working in the city be asked to show proof of business licenses. He said the utility could not work without permission in the city’s right of way except to work on the lines, although the city attorney disputed this.

Approved:  Invoices for May 6-May 17 were paid.

The meeting adjourned before 7:30 p.m.

Council work session-budget report/fiscal policy amendments, May 20, 2013

With half the members present for most of the 75 minute meeting, the council heard a detailed mid-year budget report from the city’s finance director and on a second item voted–with one dissent–to approve the mayor’s requested changes to the city’s fiscal policy.

Members present:  Council president Bruce Limbaugh, Michael Hallman, Britt Thames, Vance Moody, Walter Jones and Jenifer Champ Wallis. Arriving late were Peter Wright and the mayor, Scott McBrayer. Arriving before the final vote, Fred Hawkins.

Members absent:  Patrick McClusky, Heather Reid, Richard Laws.

Staff present:  City clerk Linda Cook, mayor’s chief of staff, J. J. Bischoff, city attorney Mike Kendrick, finance director Melody Salter.

Audience attendance:  3

Budget presentation:  Ms. Salter’s presentation looked at the city’s financial status in the general fund and capital fund at mid-year.  Overall, figures showed  total general fund revenues so far at $23.4 million, or 58% of the budget’s anticipated $40.2 million for the current year, against expenditures of $19.3 million, or just short of the 50% mark (of $40.2 million) at mid-year. General fund revenues by major category showed sales tax collected so far at $7.2 million, or 48% of the total at mid-year; property taxes at $489,617, or 89% of total; and business license at $532,942, or 87% of anticipated.  However, Ms. Salter said she was concerned that the property tax collections were not closer to 100% at this stage. The budgeted total for property taxes ($4.6 million) was based on levies provided by Jefferson County, which may have been inaccurate, she said.

[For comparison, sales taxes collected from 2007-2012 showed a peak of $13.5 million in 2007 declining each year through 2010 to $12.5 million, and increasing in 2011 and 2012 to $13.2 million.] Ms. Salter pointed out that the 3-cent city sales tax is divided equally to the city’s Board of Education, to the General Fund and to the Capital Projects Fund. Also, the current figure contains sales taxes collected from the new Target, of which one penny per dollar will go  to the Board of Education, but which the 75% of the remaining two pennies are rebated to the store every six months, due to the city’s incentive program.

The Capital Projects Fund showed revenues of $949,732 at mid-year, or 28% of expected income, and expenditures of $1.27 million, or 49% of expected yearly expenses.  Only $634,909 has been spent so far on the new rec center.  There remains $15.6 million in the general obligation warrant fund.

In discussion, council members raised a few questions: Mr. Jones asked what were the financial benefits of moving most city accounts last year to Bryant Bank from other institutions, primarily Regions. (The city’s “Rainy Day” fund remains at Regions).  Ms. Salter said she would have to get the figures together because the funds were not all moved at one time.

Ms. Salter concluded by saying her job was to monitor revenues carefully as the year unfolds to make sure the city can make up any shortfall by cutting discretionary and other spending, following the mayor’s dictum to “present to the council an end-of year surplus.”

Approved on a 7-1 split vote: The council approved the following changes to the city’s 19-page Fiscal Policies document, adopted in 2010, and discussed in an earlier Finance Committee meeting.  The changes deleted certain financial reporting requirements, eased budget deadlines for the mayor’s office and eliminated requirements spelled out in the former document for maintaining certain reserve funds. Although voting in favor of the changes, Mr. Wright specifically asked that the deleted requirement for an annual public hearing on capital projects be reinstated in some fashion.

Voting no:  Michael Hallman, after asking why the changes weren’t made gradually since adoption in 2010, and objecting that new deadlines only give the council 30 days to approve a budget from the mayor’s presentation on Sept. 1 to the beginning of the fiscal year Oct. 1.

Of note are the following changes to the policy, found in each section:

Expenditure policies:  The mayor’s annual forecast of equipment and maintenance needs is reduced from five years to three years;

Pension and retirement policies:  Deletes requirement to maintain a fund to pay for various post-retirement benefits, not including pensions. New language calls for the city to evaluate the need for such a fund on a yearly basis.

Capital Projects Fund policies:  Moves the deadline for the mayor’s annual report on city inventory from Jan. 1 to April 1; The requirement for the mayor to present an annual five-year Capital Improvement Plan is eliminated. In its place the mayor must present a three-year Capital Budget Plan that encompasses the same capital assets valued at $5,000 or above. The plan must be part of the budget process, but with no deadline for presentation; The yearly public hearing on the plan has been eliminated.

Reserve policies:  Reduces the Capital Fund cash reserve from $1 million to $750,000; language that requires the city to build certain cash reserves for risk management (catastrophic expenses) and for paying vacations, holidays and overtime has been replaced, as follows:  “The city will assign fund balance reserves …”  [unclear]

Financial planning:  Deletes the mayor’s mandate to prepare a long-term financial plan, and makes it a “goal” instead.

Summary of key deadlines in amended policy:  Oct. 1 – Start of fiscal year; Nov. 15 – Finance Director submits investment policy; First meeting in April- Mayor presents inventory to city council; First May meeting - Mayor and Finance Committee conduct a mid-year review of the city’s finances; June 1- Department heads submit proposed budgets to mayor; Ssecond meeting in August – Mayor submits proposed budget to council; Sept. 1 – Finance Committee begins budget hearings; Second meeting in September – Finance Committee submits budget to council for a vote.

Planning Commission Meeting, May 7, 2013

The commission convened at 6:10 p.m. and approved one case for rebuilding a house at 1659 28th Avenue South for mixed residential/commercial use and rezoning the property accordingly. Also, the Regional Planning Commission presented its preliminary plan for the redevelopment of the West Homewood business district using a new form-based code to transform and unify the appearance of the area. That plan will undergo review by the commission with suggestions to be added to a final plan for commission approval, and ultimately for adoption by the Homewood City Council.  There has been some interest in the plan from an existing West Homewood commercial property owner at the corner of Raleigh Avenue and Oak Grove Road, across from Patriot Park. (Links to pdf  files of the form-based codes are below.)

Members Present:  Billy Higginbotham, chairman,  Mike Brandt, vice chairman, Joe Falconer, Battalion Chief McCombs, Fred Hawkins, James Ponseti, and James Riddle. (Mr. Falconer, the real estate agent for a property seller on two items,  recused himself from voting and sitting on the dais for these cases. )

Members Absent:  Fred Azbik, Mark Woods

Staff Present:  Greg Cobb and Vanessa McGrath, Homewood Engineering, Planning and Zoning Department; Donna Bridges, board secretary. 

Audience attendance:   28

Approved:  Minutes of the April 2, 2013 meeting.

Approved for recommendation to the city council, with one abstention:  In this case, the seller and purchaser asked to continue using property at 1659 28th Avenue South for both commercial and residential as well as to obtain commission approval to rezone the property from NPD (Neighborhood Preservation District, i.e., residential) to MXD (Mixed-use District).  The property, most recently used as a printing business, was developed in the 1950s as a residence in the front and commercial in the rear.  It has held several different kinds of ventures and was reportedly at one time a “speakeasy.” The building, which is in extreme disrepair, borders residential lots on two sides and commercial lots on the other two sides. The prospective buyer has plans to tear down the existing structure and rebuild on the exact footprint, with a single family dwelling for herself in the front and attached retail women’s clothing and accessories shop — and possibly a floral design business in the rear.

Three neighbors spoke, though there were several more in the audience for this case.  Their main concerns were the fate of the property if the business failed, that the property continue to be a single family dwelling, and that there be more off-street parking provided. After discussion with the commission, the buyer offered to maintain the current fence between the property and other residences, and to add additional off-street parking spaces.

Mr. Higginbotham said any changes to the residential property would have to come back before the commission for approval. The buyer also agreed to continue meeting with neighbors to address their concerns and to ensure that the street remains as clear of traffic and parking as possible.  

Abstaining:  Joe Falconer, real estate agent for the seller, abstained to avoid a conflict of interest. 

Presentation:  The Regional Planning Commission presented its preliminary plan for the West Homewood commercial area, based on public involvement meetings, two of which were at the Homewood Senior Center in West Homewood. The property owner of a strip building at the corner of Oak Grove Road and Raleigh Avenue is interested in upgrading that building using the form-based codes and possibly working with the city to make the corner more pedestrian-friendly.  A copy of a potential form based code for the area was also included.  The next step is for the commission to take the code document and the design report and make suggestions back to the RPC, which would make a final presentation to the commission and ultimately to the city council for adoption. The RPC representatives asked to have those suggestions in the next couple of weeks.

Table of Content and IntroductionArticle 3 Urban Standards Article 4 Frontage Types Article 5 Sign Standards Article 6 Public Space Standards Article 3 Urban Standards Land Use

The meeting was adjourned at approximately 7:35 PM.

City Council meeting, May 6, 2013

The council, with four members absent tonight, referred to the Finance Committee a mayor’s request to consider amendments to the city’s finance policy and appointed Marcus Huskey (losing Ward 1 council candidate in 2012) to the Educational Building Authority and Rich Campbell to the Homewood Downtown Redevelopment Authority.  Among the decisions with the most impact on day-to-day business in the city were the council’s split votes to ban package liquor stores within 500 feet of schools, churches, religious institutions and facilities and to call a six-month moratorium on pole signs.

The council called a six-month moratorium on pole signs as it considers banning them altogether in the city. Existing signs, like this one, are not affected.

The moratorium, expiring November 1, would apply to applications for new signs, replacements and substantial repairs. Both votes passed on split, 6-1 votes.

Members present:  Michael Hallman, Vance Moody, Walter Jones, Heather Reid, Richard Laws, Peter Wright and council president Bruce Limbaugh. Also present was Mayor Scott McBrayer

Members absent:  Britt Thames, Fred Hawkins, Patrick McClusky, and Jenifer Champ Wallis.

Staff present:  City clerk Linda Cook, city attorney Mike Kendrick, mayor’s chief of staff J. J. Bischoff.

Approved:  Minutes of the March 25, 2013 council meeting.

Consent agenda

Dropped:  A request for signage on the West Linwood Drive roundabout was turned over to the police department’s traffic division, on the recommendation of the Public Safety Committee; A public hearing for a sign variance at the Rodeway Inn on Oxmoor Road was dropped because the owner withdrew the request.

Old Business

Approved:  El Pastrocito Taqueria at 406 West Valley Avenue got council support for its state Alcoholic Beverage Control retail liquor license.

Approved on a 6-1 split vote:  On the second reading the council passed an ordinance banning package liquor sales within 500 feet of schools, churches and any religious institution or facility.

Voting No:  Michael Hallman cast the only no vote, saying after the meeting that he wasn’t in favor of any ordinance that hindered business.

Postponed:  Brown-Mackie College’s request for a parking contract at a city-owned former Regions building on Bagby Drive north of the B-M building was carried over for lack of documentation, according to Finance Committee chairman Walter Jones.

Approved:  An expense of up to $6,100 for a veterans memorial was approved at Patriot Park–also referred to as the Senior Center–as follows:  $5,000 for a sidewalk and $1,100 for electrical supplies, presumably for lighting.

Approved: Mr. Jones recommended the council pass “numerous” line-item general fund transfers requested by the city’s finance director after the Finance Committee had scrutinized each one at its April 29 meeting.

Approved:  Requested by the battalion chief and fire chief, the council approved the following transfers:  $50,000 from “Salaries” to “Overtime”; $5,000 from “Salaries” to “Tuition/Schools”; and $400 from Drills/Training” to “Memberships/Subscriptions.”

Approved:  The mayor was authorized to sign a five-year postage machine lease renewal with Pitney Bowes for $146/month.

Previously postponed: Two public hearings had previously been re-set for the May 20 meeting after the May council meetings were rescheduled.  After favorable recommendations from the Planning Commission, public hearings are set on the rezoning of a house at 101 Gillon Drive from commercial to residential, and the rezoning of the former Magnolia Apartments, purchased by the Board of Education for its central office and campus activities, from residential to institutional.

Approved on a 6-1 split vote:  On a Special Issues Committee recommendation initiated by Mr. Thames, the council approved a six-month moratorium on pole signs throughout the city.  Mr. Wright said the committee is also reviewing the city’s sign ordinance(s) in general.

Voting no:  Michael Hallman was the dissenter, saying after the meeting that he thought this move would hinder the re-development of the old Mazer property on Green Springs Highway, whose tenants include a new Pep Boys location and a furniture liquidation business that was in violation of the sign code, but given a three-month grace period by the council to come into compliance (expires July 1).

Committee Referrals

Matters approved to the following committees:  To Finance- 1. A request to set a bid opening date for a demolition of the former Regions building on West Valley Avenue/Bagby Drive. The Brown-Mackie College has asked to lease the property for parking overflow; 2. A request to declare as surplus property four police vehicles and one building maintenance vehicle; 3. a request to share the cost with private residents a decorative street sign at the intersection of Lancaster Road and U.S. 31; 4. a request to consider the “sale of the Loo property” on Green Springs Highway [no further information provided.]; and 5. a request by the mayor to consider amendments to the city’s Finance Policy. Although no details were provided, there has been some controversy recently over deadlines required by the policy.

Dropped from Public Safety committee referral:  A parking and safety issue at the Mayfair Medical Group has been dropped, to be resolved by the business owners.

Approved:  Two routine yearly tax ordinances were passed immediately on the unanimous consent of the council to 1. Allow the Jefferson County Tax Assessor and Tax Collector to assess and collect property taxes in Homewood, and 2. Allow existing homestead exemptions to continue.  The city attorney said the ordinances did not change property taxes or their assessment.

Approved with one question: The council approved the payment of invoices for April 22-May 3, 2013, after Mr. Moody was assured that all employees listed as getting tuition reimbursements were making progress toward their certifications.

There being no further business, the meeting was adjourned at 6:45 p.m.

Park Board, May 2, 2013

The park board approved its proposed FY 2014 operations and capital fund budget to be sent to the mayor, showing a projected $3.93 million total in expected general fund expenditures compared to $3.72 million budgeted in the current year. Its capital fund request bottom line is $357,109 compared to $250,853 for fy 2013. Of note at this meeting is the board’s decision to cancel a contract with the popular Firm Body Boot Camp due to excessive complaints and noncompliance with park rules and policies.

Members present: Chairman Chris Mason, vice chairman Chris Meeks, programs chairman Tom Walker, Paula Smalley and Tim Baggett.  Council liaison Richard Laws was also present.

Members absent:  Becky Morton, facilities chairman Don Little, Keith Stansell, and Tom Blake.

Staff present:  Board secretary Dianne Rice, Parks and Recreation director Berkley Squires

Audience attendance:  4

Approved:  Minutes of the April 4, 2013 meeting.

Programs report:  Mr. Walker reported that Lee Community Center director David Primus has initiated an 8-week summer enrichment camp beginning June 3, enrollment $200, which will feature recreation programs and speakers on various topics. The camp will run from 9 a.m.-2 p.m. Details of this and other summer programs will go up on the website by May 6.

Approved:  The board approved a committee recommendation to waive spring field use fees (of approximately $6,000) to the Homewood Soccer Club program while it recovers from financial problems.  The board and program committee continues to monitor the program’s practices and finances after the club borrowed $20,000 through the director, David Putnam, last year and showed signs of chronic management problems. The current eight board members remain after a re-organization that saw more than half the previous members leave, including several paid coaches whose presence on the board posed a conflict of interest, according to park board members. Mr. Walker said the current president, David Condon and vice president/treasurer Mike Kile have collected almost all the roughly $36,000 in unpaid registration fees that were still outstanding as of September.  The program is also making progress on paying off two $10,000 loans and the committee noted the balance of power shifting back to the board.

The current board plans to raise Fall 2013 registration fees by $100 for the competitive teams rather than letting rec team fees subsidize their activities.  ”The fee for younger age groups was high enough.”

Facilities report: Mr. Baggett stood in for committee chairman Don Little, making the following recommendations for a vote:

Approved:  The board approved a request by the UAB School of Medicine and Exceptional Foundation to use Central Park with no fee, July 30, noon-4 p.m.

Approved with changes: A Soccer Shots skills camp was approved to use the “six acre field” on the upper level of West Homewood Park, June 3-Aug. 2. The board declined the group’s request to use Central Park due to safety concerns. 

Approved:  The Shades Valley YMCA was approved to use two fields at West Homewood Park for baseball and softball activities during the Y’s summer camp program.

Approved:  The park board agreed to send a 30-day notice to of contract cancellation to Roman MacDonald of Firm Body Boot Camp. The camp uses the skate pad at Central Park for early morning conditioning program. There have been continued complaints of loud music before 6:30 a.m. from Park Ridge Condominium residents. Mr. Baggett and Mr. Squires said the group has drilled holes in the concrete and pavilions for bolts to anchor straps and other equipment; members routinely break rules against congregating on the tennis courts and children’s playground.  Mr. Baggett acknowledged that the camp program had a “large following” who would have to suffer the consequences of repeated offenses.

Chairman’s report:  Mr. Meeks reported that construction has begun on the north retaining wall and there have been no problems that would cause a delay in the project deadline.

Director’s report & budget presentation

Approved:  The board approved the director’s proposed budget request, to be submitted to the mayor by department heads in June. Mr. Squires noted the following highlights in the general fund–He is asking to fill one out of four labor positions that have been vacant for two years, and to request an arborist position that would be licensed for spraying herbicides. The personnel request, including pension, health insurance, auto allowances, etc., is $2.65 million compared to $2.42 million this budget year. The budget contains expenses for 7 months in the new building. (It will cost $4,000 to fill the new pool!)

On the capital projects side, the request is for $357,109 compared to the current year’s budget of $250,853. Much of the anticipated budget–about $150,000– is for a new landscaping truck ($94,922) and a 25-passenger bus for camps and the Senior Center ($54,763). Other landscape equipment includes $15,000 for a field top dresser, two stand-behind mowers ($18,000), and $28,000 for a field aerator.

Big ticket items in the remaining budget include:

Lee Center –  $8,000 for kitchen improvements and $10,000 for a gym floor refinish;

Athletic fields -  A $30,000 fencing upgrade of Field #5 as part of an ongoing field improvement schedule; $19,000 for four safety bleachers and four sets of soccer goals;

Patriot Park - A drinking fountain ($8,000) and shade cover for the play area, which had been cut from the building budget;  

Central Park - Twelve new picnic tables ($13,900);

Senior Center -  $8,700 for a new rock sign plus $5,000 for new back doors.   

 

Board of Zoning Adjustments, May 2, 2013

The board met for a little over 1-1/2 hours, voting after public hearings on all six cases scheduled.  Among the most discussed were a proposed car wash approved on a Publix outparcel on Green Springs Highway [owned by the city of Homewood], and an Iron Tribe Fitness request for on-street parking rather than a separate parking lot. One residential setback variance was approved on a split vote.

Members present: Valerie Askew, Sandy Eichelberger, Jeffrey Foster, vice chairman, Lauren Gwaltney, and Trey Schaefer

Members absent: Ross McCain, chairman

Staff present: Donna Bridges, board secretary; Greg Cobb and Vanessa McGrath, Building, Engineering & Zoning staff

Audience attendance: 16

All votes were unanimous unless otherwise noted.

Approved: Minutes of the April 4, 2013, meeting

Approved: The board approved a request by J & H Properties to allow outdoor car vacuums (work/service outside an enclosed building) at a proposed car wash at 436 Green Springs Highway–a Publix shopping center outparcel.  [Property at this same address had been purchased by the city of Homewood over a decade ago and subsequent to this meeting was to be considered for sale by the city council.] There was a great deal of discussion on this request, but no comments during the public hearing. The proposed business would be independently owned, with a single location. The developer was present with an equipment supplier, saying he planned to invest $1.2 million in the project, which would be built to match the existing center. Vacuums would be in the rear, not visible to Green Springs, and would only be available to customers who paid to proceed through the car wash. In lieu of a plan, the supplier provided drawings of other similar projects, including a car wash in the Gardendale/Fultondale area and one in Bessemer. Under those prototypes, customers would enter the facility in the rear of the shopping center and make payment before being allowed to use the vacuums, then proceed through the car wash, exiting onto the parking lot. Employees would be on the site during operating hours, tentatively set for 8 a.m.-8 p.m., Monday-Saturday, and 2-6 p.m. on Sundays.

Approved, with conditions, on a 4-1 split vote: The board approved a 9-inch setback variance for a second story addition to a house at 137 East Glenwood Drive, pending a second and final approval of the fire marshal. During discussion it was learned that the fire marshal had denied approval to an earlier, 21-inch variance, saying the roof overhang would be too close to the neighboring structure for fire safety unless the second-story was furnished with sprinklers. The majority of the board, however, agreed to approve the reduced variance pending the fire marshal’s second look at the variance.

Voting no:  Hope Cannon

Approved: Request to allow a second story on the existing footprint with no changes for a house at 817 Forest Drive.

Approved: Due to space constraints, the board voted to allow parking to be entered directly from the street and alley rather than provide a parking lot for a relocation of Iron Tribe Fitness at 2740 Central Avenue. Iron Tribe is renovating this building, which is across the street from its current location. Opposing the variance was Rilla Foley, whose business warehouse adjoins this property. Iron Tribe has 15 parking spaces where code only requires 13. However, Ms. Foley said she has had problems with overflow parking from the current Iron Tribe/Little Donkey businesses blocking the entrance for delivery trucks (tractor trailers) to access the warehouse. After hearing her concerns and viewing the building designs and lot layouts, the board approved the variance. The Iron Tribe architect said he would arrange a meeting for himself, Ms. Foley and Iron Tribe owner Forrest Walden to work out a solution for all concerned.

Approved: A request for a 6-foot fence instead of the required 10-foot tree buffer at 333 Green Springs Highway at the site of a planned Dunkin’ Donuts. The property currently has a 6-foot fence between the property and apartments to the rear and side. The business is asking that the present fence–or a same-size replacement– remain in place of the tree buffer. A Dumpster enclosure will be added inside the fence. The lot currently has a large stand of bamboo, trees and other vegetation in addition to the fence, but it wasn’t clear if that was to remain.

Approved: A request to add a shed roof behind a townhouse at 91 Windsor Drive. The townhouse currently is 5 feet into the setback and this shed roof will add 11 feet to that.

There being no further business, the meeting was adjourned at 7:40 PM.

City council meeting, April 22, 2013

The council met for just under an hour, rescheduling a number of zoning and variance issues and postponing a vote on an ordinance that would set a 500-foot minimum distance between businesses selling liquor and schools and churches. Regularly scheduled council meetings for May (second and fourth Mondays) were rescheduled for May 6 and May 20 due to Memorial Day, with all currently set public hearings moved to May 20. (See below).

The council also extended congratulations to Abbie Freeman and John Lowry, who will begin in the fall as the principals at Hall-Kent Elementary School and Shades Cahaba Elementary School, respectively. Finally, the Ward 1 Arts Advisory Council representative has resigned, leaving a vacancy.  It was mentioned that many board positions remain unfilled, including the Ward 4 school board spot and the at-large park board position.  The deadline for applications is April 30, 2013.

Members present: Michael Hall, Britt Thames, Fred Hawkins, Vance Moody, Walter Jones, Jenifer Champ Wallis, Heather Reid, Peter Wright, and council president Bruce Limbaugh. Mayor Scott McBrayer was also present.

Absent:  Patrick McClusky, Richard Laws

Staff present: City clerk Linda Cook, mayor’s chief of staff J. J. Bischoff, and city attorney Mike Kendrick.

Audience attendance: 14 to start.

All votes were unanimous unless noted otherwise.

Approved:  Minutes of the March 4, 2013 meeting.

Approved:  Mac Chapman (Ward 3) was approved for a seat on the library board.

Old business

Dropped:  After a continued public hearing, the council voted to drop the request for a sign variance at The Baskits restaurant, 801 Green Springs Highway because no one from the business has appeared for the proceedings.

Approved:   Following a public hearing in which no one commented,  Creative Dog Training, 2703 19th Place South, received permission to replace a non-conforming sign that was in disrepair with a better sign made of cedar and vinyl, but which still required a variance.  The business had already turned down an informal request by the Special Issues Committee to consider using a monument sign (built close to the ground), which the council considers a more attractive choice  than free-standing, or pole signs.

Postponed:   The council will vote at the next meeting on an ordinance banning package stores within 500 feet of a school or church. A motion to pass the measure immediately, without a second reading, failed to get the required unanimous consent of all council members.  Specifically, the motion addressed restricting approval of state Alcoholic Beverage Control Class II Lounge retail licenses.

Voting no:  Mr. Moody voted no, saying he thought the public should have the opportunity to consider the ordinance before it was voted on. 

Approved: A three-way stop was approved at the intersection of Wellington Road and Ridge Road.

Approved:  Zoe’s retail wine and beer license application to the state Alcoholic Beverage Control board received council approval.

Sent back to Committee:  A request by Rachel and Frank Craig to grade and pave an alley for parking behind their house at 319 Laurel Place was sent back to the Public Works Committee because not all conditions had been met.  The committee had earlier approved the request pending signed indemnification papers, written approval of neighbors contiguous to the site, and approval of the city’s engineering department.

Approved:  A temporary city easement was granted for a concrete parking pad for a house under construction at 401 Devon Drive.

Carried over:  A request by Brown-Mackie College, 105 Vulcan Road, to lease city-owned property for parking on nearby Bagby Drive was carried over on the advice of the city attorney, who said the job–which will involve a building demolition–may have to be sent out for bids.  The council subsequently referred to the Finance Committee a request to pay for the demolition from the 2012-13 Capital Projects Fund Budget. (See committee Referrals, below.)  Background:  On a 4-1 split vote, the Finance Committee last week approved the parking contract pending the city’s demolition of a former Regions building on the property, at an estimated cost of roughly $49,000.  Ms. Champ Wallis voted no, saying the building demolition shouldn’t be tied to the contract. Voting in favor were chairman Walter Jones, Britt Thames, Vance Moody and Peter Wright.

New business

Public hearings moved from May 13 to May 20:   1.  A public hearing before a vote on rezoning 101 Gillion Drive from commercial to residential; and 2.  A public hearing  on rezoning the former Magnolia Apartments property from attached dwelling to institutional for a Homewood Board of Education campus.

Committee referral agenda approved:  To Finance:  1. Request for line item transfers for city general fund 2012-13 budget; 2. Request to transfer $50,000 from  ”Salaries” to “Tuition/Schools”; 3. Request to transfer $400 from “Drills/Training” to “Memberships/Subscriptions”; 4. Request an amendment to the 2012-13 Capital Projects Fund Budget to pay for the demolition of the old Regions building adjacent to the Brown-Mackie College site. (See the Brown-Mackie College item, above); 5. Request to authorize the mayor to enter into a Pitney Bowes postage machine lease;  and 6. Request for mid-year review of budget and finances, per fiscal policy.

To Public Safety:  1. Request to update the city’s Fire Code Ordinance; and 2. Request for a state Alcoholic Beverage Control Board retail liquor license application for El Pastrocito Mexican Foods, 406 West Valley Avenue.

Sign variance requests referred to committee:  The Special Issues Committee will hear sign variance requests for 1. An Allstate business at 832 Green Springs Highway; 2. Three Express Oil Change locations at 196 West Valley Avenue, 407 Hollywood Blvd., and 1717 27th Court South; and 3. for the Rodeway Inn at 260 Oxmoor Road.

Approved: The council approved a back-to-school sales tax holiday Aug. 2-4, 2013.

Approved:  Payment of invoices for April 8-April 19, 2013.

On April 29, the Public Safety Committee will meet at 5:30 p.m., the Finance Committee will meet at 6:00 p.m., and the Special Issues Committee will meet at 6:30 p.m.

The meeting was adjourned at 6:50 p.m.