City Council meeting, Oct. 12, 2015 [minutes]

The following is an identical copy of the city council-approved minutes for Oct. 12, 2015. There was no reporter from Homewoodatlarge at this meeting.

REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF HOMEWOOD, ALABAMA
October 12, 2015
The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, October 12, 2015 at City Hall at 6:00 p.m. The invocation was given by Father Matthew George Maniangattu of Our Lady of Sorrows, after which the pledge of allegiance was given.

The meeting was called to order by Council President Bruce Limbaugh.
Upon Roll Call, the following were present: Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, Patrick McClusky, Walter Jones, Barry Smith, Alex Wyatt, Peter Wright and Bruce Limbaugh. Absent: Rich Laws. Also present were: Mike Kendrick, City Attorney; and Linda Cook, City Clerk.

At this time, Mrs. Smith moved to dispense with the reading of the Minutes of the Regular Meeting of the City Council of August 24, 2015 and approve them as distributed. Mr. Moody seconded the motion.Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

Mr. Limbaugh asked if the Council had any recommendations or appointments to be made regarding board vacancies. There was no response from the Council.

At this time, Mr. Limbaugh amended the published Council Agenda to add the following: Item No. 10.10.15 – Request for a BJCTA (Birmingham/Jefferson County Transit Authority) representative to address the committee to explain about the removal of their director – Mr. Thames – Finance Committee, to the Committee Referral Agenda.
Mr. McClusky moved to approve the Council Agenda as amended. Mr. Wyatt seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

CONSENT AGENDA

10.09.15 Request to set a Public Hearing for October 12, 2015 at 6:00 p.m. for consideration of a variance to the Sign Ordinance at 801 Green Springs Avenue – Rick Armstrong/Greg Cobb/Building, Engineering and Zoning Department
Action Taken: The Special Issues Committee met and voted 5-0 to recommend dropping this Item due to a report from Mr. Greg Cobb/Building, Engineering and Zoning Department that the requester had withdrawn his request for the sign variance.
Mr. McClusky moved to approve the Consent Agenda as published. Mrs. Smith seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

OLD BUSINESS AGENDA
The first item, taken out of order, considered under Old Business was Item No. 09.09.15 – Request to set a Public Hearing for October 26, 2015 at 6:00 p.m. for consideration of a Proposed Ordinance amending smoking regulations as a result of a review and update of Ordinance Nos. (Ord. No. 1880, 8-14-95 & Ord. No. 2287, 3-27-2006) regarding smoking regulations – Safe and Healthy Homewood Coalition/Bruce Limbaugh/Council President (Report – Public Safety Committee Meeting held on October 5, 2015 – Patrick McClusky, Chair).
Mr. McClusky moved to set a Public Hearing for October 26, 2015 p.m. for consideration of a Proposed Ordinance amending smoking regulations as a result of a review and update of Ordinance Nos. (Ord. No. 1880, 8-14-95 & Ord. No. 2287, 3-27-2006) regarding smoking regulations. Mr. Moody seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

The next item on the Agenda under Old Business was Item No. 11.09.15 – Public Hearing October 12, 2015 for consideration of a variance to the Sign Ordinance at 3551 Montgomery Highway – David Brandt/Fravert Signs/Greg Cobb/Building, Engineering and Zoning Department (Report – Special Issues Committee Meeting held on October 5, 2015 – Fred Hawkins, Chair).
Mr. Limbaugh declared the Public Hearing opened.
Mr. Hawkins stated that the Special Issues Committee met on October 5, 2015 and voted 5-0 to send the Item back to the full Council without a recommendation pending the Public Hearing.
Mr. Greg Cobb of the Building, Engineering and Zoning Department addressed the Council stated that he received an email this afternoon from Mr. David Brandt who told him they had still not made a decision on what they wanted for the YMCA sign on Highway 31 and he asked that the Council continue the Public Hearing.
Mr. Moody moved to continue the Public Hearing to the October 26, 2015 Council Meeting. Mr. McClusky seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

The next item on the Agenda under Old Business was Item No. 12.09.15 – Public Hearing October 12, 2015 for consideration of a variance to the Fence Ordinance to install a fifteen (15) foot front yard fence variance along Oxmoor Road at 505 Cobb Street – Joey Belmont/Big #1 Motorsports/Vanessa McGrath/Building, Engineering and Zoning Department (Report – Special Issues Committee Meeting held on October 5, 2015 – Fred Hawkins, Chair).
Mr. Limbaugh declared the Public Hearing opened.
Mr. Limbaugh asked if there was anyone in the audience who wished to speak in favor of, or in opposition to this Item.
Mr. Hawkins stated that the Special Issues Committee met and voted 5-0 to send the Item back to the full Council without recommendation pending the Public Hearing.
Mr. Greg Cobb of the Building, Engineering and Zoning Department addressed the Council and stated that to clarify, it was not a 15 foot tall fence, but a setback of 15 feet was required when joining a street but they would like to put it on the property line instead of fifteen back into the property.
Mr. Jeff Hoehn, Operations manager of Big #1 Motorsports, addressed the Council, presented the rendering of the fence and stated that what they wanted to do was to expand the ornamental fence they already had to give them a little bit more of a secured area on the lot for ATVs and UTVs. Mr. Hoehn further stated that as they had grown they had been blessed with good business in Homewood and they just needed a little bit more space for security than they had already and they did want to extend the ornamental fence to the corner of the dumpster back across the parking lot and then come back to meet where it was. Mr. Hoehn added that it was not much different than what was already there but they would just like to expand it over.
Mr. Limbaugh asked if there was anyone else in the audience who wished to speak in favor of, or in opposition to this Item. There was no response from the audience.
Mr. Limbaugh declared the Public Hearing closed.
Mr. Limbaugh asked if the Council had any questions or comments regarding the Item. There was no response from the Council.
At this time, Mr. Kendrick presented the following Resolution for the Council’s consideration:
Resolution No. 15-124
(A Resolution approving a variance to the Fence Ordinance authorizing a fifteen (15) foot front yard fence variance along Oxmoor Road at 505 Cobb Street)
Mr. Hawkins moved for the adoption and enrollment of Resolution No. 15-124. Mrs. Smith seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

The next item on the Agenda under Old Business was Item No. 17.09.15 – Public Hearing for October 12, 2015 to consider a variance to the Sign Ordinance at 3450 Manor Drive – Kaylene Dabbs/Greg Cobb/Building, Engineering and Zoning Department (Report – Special Issues Committee Meeting held on October 5, 2015 – Fred Hawkins, Chair).
Mr. Limbaugh declared the Public Hearing opened.
Mr. Greg Cobb of the Building, Engineering and Zoning Department addressed the Council and stated that the requester had not made a definite decision on what they wanted the sign to look like and they had provided a sample initially but the owners changed their minds so they asked to continue the Public Hearing.
Mr. Moody moved to continue the Public Hearing until the October 26, 2015 Council Meeting. Mr. McClusky seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion.
Mr. Jones stated that it might be appropriate for future requests to not send it out until someone attends the committee meeting.
Mr. Hawkins stated that he felt like money had been spend to advertise it and it was set for tonight.
Mr. Wright stated that it was a money matter when the wheels were set in motion for the Public Hearing because the city took on that expense so perhaps they should not set the Public Hearing until the Council received the required information from the requester.
Mr. Limbaugh stated that the challenge was that it slowed the process down by a number of weeks.
Mr. Wright stated that it was getting frustrating because they had now had two meetings on it and one person could not make up their mind.
Mr. Cobb stated that this was a rare situation where this happened because there were three of them and the first one called and said they would drop their size and come into compliance.
Mr. Jones stated that he felt like a lot of work went into the committee meeting structure so that members could look to see what the item was and they could check out the site as opposed to just getting it in Council.
Mr. Limbaugh asked if the Council had any further questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

COMMITTEE REFERRAL AGENDA

01.10.15 Request to set a Public Hearing for November 9, 2015 at 6:00 p.m. and referral to the Planning and Development Committee for consideration of the zoning application from Williams Blackstock Architects on behalf of the current property owner, All Saints Episcopal Church to rezone the property located at 116 West Hawthorne Road/Parcel ID No. 29-00-13-1- 016-007.000 from NPD (Neighborhood Preservation District) to I-2 (Institutional District) for the proposed purpose to establish thirteen (13) parking spaces adjacent to the existing church south parking lot (Note: this Request was considered by the Homewood Planning Commission on October 6, 2015 and voted 1-6 resulting in an unfavorable recommendation) – Vanessa McGrath/Building, Engineering and Zoning Department – Planning and Development Committee

02.10.15 Request to set a Public Hearing for November 9, 2015 at 6:00 p.m. and referral to the Planning and Development Committee for consideration of the zoning application from Progressive Properties, PLLC on behalf of the current property owner, Twin Holdings, LLC to rezone the property located at 818 Columbiana Road /Parcel ID No. 29-00-23-1-002-008.001 from C-1 (Office Building District) to R-7 (Attached Dwelling Unit District) for the proposed purpose of construction a multi-unit townhome development (Note: this Request was considered by the Homewood Planning Commission on October 6, 2015 and voted 7-0 resulting in a favorable recommendation) – Vanessa McGrath/Building, Engineering and Zoning Department – Planning and Development Committee

03.10.15 Request for consideration of permission to work in the City Right of Way by the Homewood Environmental Commission – Michael Hallman/ Liaison to HEC – Special Issues Committee

04.10.15 Request for consideration of a Resolution accepting financing and terms for the apparatus purchase approved in this year’s budget – Battalion Chief Mike Anastasia/Chief John Bresnan/Fire Department – Finance Committee

05.10.15 Request for consideration of one-half payment for a decorative street sign at Stratton Court and Gatsby Court – Shae Shaffer/Bruce Limbaugh – Finance Committee

06.10.15 Request for consideration of Greenway purchase of the Fox Property for trailhead and logistical terminus of Phase II – Fred Hawkins – Finance Committee

07.10.15 Request for consideration of pavement patching presentation by PRI Systems – Fred Hawkins – Public Safety Committee

08.10.15 Request to review and consider proposals received for the sale and development of the city owned property located at 165 Oxmoor Road as handled by Mr. Greg Cobb/Building, Engineering and Zoning Department – Fred Hawkins – Council Work Session

10.10.15 Request for consideration for the BJCTA (Birmingham/Jefferson County Transit Authority) representative to address the committee to explain about the removal of their director – Mr. Thames – Finance Committee
Mr. Hawkins moved to approve the Committee Referral Agenda as amended. Mrs. Smith seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

OTHER NEW BUSINESS

The next item on the Agenda under Other New Business was Item No. 01.10.15 – Request to set a Public Hearing for November 9, 2015 at 6:00 p.m. and referral to the Planning and Development Committee for consideration of the zoning application from Williams Blackstock Architects on behalf of the current property owner, All Saints Episcopal Church to rezone the property located at 116 West Hawthorne Road/Parcel ID No. 29-00-13-1-016-007.000 from NPD (Neighborhood Preservation District) to I-2 (Institutional District) for the proposed purpose to establish thirteen (13) parking spaces adjacent to the existing church south parking lot (Note: this request was considered by the Homewood Planning Commission on October 6, 2015 and voted 1-6 resulting in an unfavorable recommendation) – Vanessa McGrath/Building, Engineering and Zoning Department.
Mr. Wright moved to set a Public Hearing for November 9, 2015 at 6:00 p.m. Mrs. Smith seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

The next item on the Agenda under Other New Business was Item No. 02.10.15 – Request to set a Public Hearing for November 9, 2015 at 6:00 p.m. and referral to the Planning and Development Committee for consideration of the zoning application from Progressive Properties, PLLC on behalf of the current property owner, Twin Holdings, LLC to rezone the property located at 818 Columbiana Road /Parcel ID No. 29-00-23-1-002-008.001 from C-1 (Office Building District) to R-7 (Attached Dwelling Unit District) for the proposed purpose of construction a multi-unit townhome development (Note: this Request was considered by the Homewood Planning Commission on October 6, 2015 and voted 7-0 resulting in a favorable recommendation) – Vanessa McGrath/Building, Engineering and Zoning Department.
Mr. Thames moved to set a Public Hearing for November 9, 2015 at 6:00 p.m. Mr. Hawkins seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

The next item on the Agenda under Other New Business was Item No. 09.10.15 – Request for consideration of a Resolution authorizing payment of invoices for the period September 28, 2015 through October 9, 2015 – City Treasurer/Finance Committee.
At this time, Mr. Kendrick presented the following Resolution for the Council’s consideration:
Resolution No. 15-125
(A Resolution authorizing payment of invoices for the period September 28, 2015 through October 9, 2015)
Mr. Moody moved for the adoption and enrollment of Resolution No. 15-125. Mr. Thames seconded the motion.
Mr. Limbaugh asked if the Council had any questions or comments regarding the motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.

Mr. Hawkins stated the Special Issues Committee would meet on October 19, 2015 at 5:00 p.m.
Mr. McClusky stated the Public Safety Committee would meet on October 19, 2015 at 5:15 p.m.
Mr. Jones stated the Finance Committee would meet on October 19, 2015 at 5:30 p.m.
Mr. Wright stated that the Planning and Development Committee would meet on October 19, 2015 at 6:00 p.m.
Mr. Limbaugh stated that the Council Work Session would be set for October 26, 2015 at 5:30 p.m.
There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.

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