City Council meeting, Dec. 1, 2014

The Islamic Academy must remove unsuitable fill dirt and repair damage to a slope covering a public right-of-way caused when it attempted to build an unauthorized parking lot (bare ground areas).

As foreseen, the council refused to act on an Islamic Academy rezoning request until the school remediates a damaged slope on 18th Street South. Curbside recycling is approved for another three years, but Republic must do better delivering promised school education and other services.

Members present: Michael Hallman, Britt Thames, Fred Hawkins, Patrick McClusky, Walter Jones, Barry Smith, Heather Reid, Richard Laws, Peter Wright, and Bruce Mr. Limbaugh. Mayor Scott McBrayer was also present.

Members absent: Vance Moody

Staff present: City clerk Linda Cook, city attorney Mike Kendrick, mayor’s chief of staff J. J. Bischoff, and city Building, Engineering and Zoning manager Greg Cobb.

Audience attendance: 16

Approved minutes of the Oct. 16, 2014, meeting.

Appointed a Ward 2 BZA member: The council appointed Beverly LeBoeuf to the Ward 2 seat on the Board of Zoning Adjustments. The seat was vacated by Trey Schaeffer, who moved to another ward.

OLD BUSINESS AGENDA

Dropped an idea to use a Forest Drive green space for restaurant parking: Due to negative feedback from the neighborhood, the council unanimously agreed to drop a proposal from Walter Jones and Bruce Limbaugh to convert for parking a landscaped green space on Forest Drive. The green space is accessible to GianMarco’s restaurant by a footbridge over Griffin Creek.

Sent back to committee an Islamic Academy rezoning request: The request to rezone from commercial to institutional uses a 4+-acre parcel of wooded land on a steep incline along 18th Street right-of-way ran into trouble on several foreseeable fronts tonight. The Islamic Academy previously tried to construct a parking lot near the property, without a city permit, and has been blamed for causing a slope failure along the 18th Street state roads right-of-way and for not remediating it as required. These issues were further complicated tonight when the Academy’s surveyor Joseph Miller related that a geotechnical firm said the slope problem was not caused by the parking lot construction. Additionally, the state highway department (ALDOT) has disputed that it has jurisdiction over the right of way, saying it belongs to the city. With so many issues to be resolved, the rezoning request was sent back to the Planning and Development Committee for further study. Those unresolved questions were enough to send the question back to the Planning and Development Committee for further study before considering the rezoning. Click to read details of the original case.

Approved speed humps for a downtown alley: The mayor accidentally authorized and installed the speed humps without council approval. Tonight’s vote ratified the installation and expense of speed humps in the alley running parallel to 18th Street, behind the shops.

Allowed a visible side yard fence on city right-of-way: The council allowed the homeowner at 403 Oxmoor Road a variance to build a “front yard” fence (visible side yard) to block the view of the Buddy Wade insurance office next door. Further, the council approved–with a signed indemnification agreement from the homeowner–that a portion of the fence be built on city right-of-way. 

The council granted an additional attached sign for Big#1 Motorsports to satisfy requirements of new supplier BMW, but nixed a request for an additional free-standing sign.

Approved 9-1 one sign request and unanimously denied another for Big#1 Motorsports: The recreational vehicle dealership at 505 Cobb Street asked for an additional building sign and a free-standing sign for newly signed supplier BMW. One resident (the reporter) spoke in opposition, citing past and ongoing zoning infractions. The council, with one dissenting, voted to approve the attached sign. However, Mr. Wright said he intended to vote against the free-standing sign and the rest of the council followed suit.

Voting no to the attached sign: Mr. Hallman, after noting the business was awarded previous variances and said it wouldn’t require any more.

Reiterated a Dec. 15 rezoning hearing for a brewery: The hearing is set for the Dec. 15, 2014, meeting. Read details of the case here.

Mr. Laws left the meeting at this point.

COMMITTEE REFERRAL AGENDA

The following new issues were referred to committee for deliberation:  To Finance: To consider 1) Declaring as surplus and disposing of IT Department equipment; 2) Purchasing an ad in Business Alabama Magazine; 3) Making amendments to last year’s budget; and 4) Considering a street light on Highland Road.

To Special Issues: To consider a variance allowing a “front yard fence” for The Islamic Academy.

OTHER NEW BUSINESS

Approved a revised APCO Right-of Way agreement: This agreement is required to move an electrical facility to the rear of 1616 Oxmoor Road, the Exceptional Foundation, which is building an addition.

Paid the bills: Invoices for the period Nov. 17-28, 2014, were approved to be paid.

Republic’s contract for curbside recycling renewed for another three years. The company must provide more reporting, school educational services and better advertise consumer benefits promised in the contract.

Approved, with comment, a 3-year recycling contract: The council ratified Republic Service’s 3-year curbside recycling contract, which had been allowed to automatically renew for 2015-2017 at roughly $3/month per household for 6,048 households.  However, the Finance Committee met earlier with a company representative to emphasize that it expects educational services and other contract benefits be delivered as promised. 

Agreed to remove yellow lines at Oxmoor Road and Edgeview Avenue and reestablish a turn lane.

Approved an expenditure to add a center line and edge lines on Parkridge Drive.

Approved budget transfers from FY2014 to complete the Rec Center: A transfer of $64,000 was approved.

Declared six police cars surplus, for sale: Six Crown Victorias seven years old and older were declared surplus and due to be sold.

FYI, Planning and Development Committee, Oct. 6, 2014

The angled area between the parcels outlined in blue is an “unopened” right-of-way extension of 18th Street, owned by the city. The Islamic Academy is asking the city to surrender that section and to rezone the entire area from C-1 (office) to institutional use. However, the school’s previous attempt to build a new parking lot (seen in the cleared areas) without benefit of building permits brought in unsuitable fill material and damaged the highway department’s right-of-way. There will likely be no action taken by the city on any school request until the site is under remediation.

The Planning & Development Committee tonight postponed until its next meeting a request to vacate, or surrender, unopened right-of-way running through wooded property the Islamic Academy recently purchased next to its Rosedale school. It will go ahead and hold Monday’s public hearing to rezone the property from commercial to institutional uses, although it will assuredly be referred back to committee, chairman Peter Wright said.

Why? First a little history.  The 4 acres +/- adjacent to and west of the Islamic Academy has been the subject of a long-running and recently dismissed lawsuit filed against the city by Kent Campbell, principal of Cubed LLC, a building firm which planned to develop some type of housing on the property several years ago. The Planning Commission having recommended the rezoning from C-1 to residential, the council at the time nevertheless voted not to rezone, prompting said lawsuit. The merits and arguments of the suit were not discussed tonight, but suffice it to say, Mr. Campbell gave up the fight and sold the property to the Islamic Academy.

Meanwhile, the story goes, and on property next to Mr. Campbell’s but already owned by the Islamic Academy, the school attempted to build a parking lot expansion without the benefit of obtaining city building permits, and even going so far as to excavate and truck in unsuitable fill dirt. That construction project in turn not only upset the city of Homewood Inspection Department, but damaged the elevated rock cliff along 18th Street, highly upsetting the Alabama Department of Transportation, which owned the right-of-way.

Fast forward to tonight, where the Planning & Development Committee huddled to sort out the matters with surveyor and applicant for the school Joseph Miller. Mr. Wyeth, head of the city’s inspection department, had already stepped in to explain that the city and ALDOT are working together to put the pieces back together again. The school is working with an engineering firm and a geotechnical firm to correct the situation, but Mr. Wyeth said he has not seen a contract yet.

Mr. Wright said the council would certainly not want to vote on the rezoning or right-of-way vacation requests on Monday, but would go ahead and take public comment before referring it back to committee. He advised Mr. Miller to ask the school to please have representatives on hand Monday to answer questions.

One positive from the lawsuit, however, is that the city has an appraised value for the property–$5,000–which it will most likely charge the school in exchange for vacating the property.

Asked what plans the school had for the entire property it now owns, Mr. Miller said a development plan hasn’t been produced.

The shaded area indicates excavation staging areas for a basement in this most recent plan of the Exceptional Foundation expansion. Click to enlarge

Tonight’s P&D Committee followed a Finance Committee meeting in which at least two members, Mr. Wright and Mr. Walter, said they were unaware of changes in the Exceptional Foundation’s plan that had been aired last Thursday at the park board meeting. The committee discussed possibly delaying action on lending paperwork requested by the Exceptional Foundation to expedite the project, and finish construction before the June summer camps. No decision was made however.

City Council meeting, Sept. 22, 2014

Mayor’s budgets 2014 (current) compared to 2015. The mayor’s budget is amended and adopted by the city council before the Oct. 1 start of the fiscal year.

With final numbers unavailable, the FY2015 budget passed tonight varies probably no more than $100,000 from the $55.7 million budget the mayor presented Aug. 25, councilmen estimate, with council cuts taken mainly from the Capital Fund and $1.06 million “borrowed” from the city’s $10+million reserves to balance the General Fund. Here is a link to the mayor’s proposed budget, presented Aug. 25. http://www.homewoodal.net/city/budget/bud15.pdf

Despite their united congratulations on the final budget and praise for the mayor and Finance Director Melody Salter, members split 6-5 in a tense vote to reward the city’s full-time employees with an end-of-year bonus rather than pay annual longevity, a COLA, or some combination of the three. The historic break from paying longevity–which the state’s retirement system has so far agreed to use to compute pension benefits–could mean the RSA will no longer recognize longevity pay as part of Homewood’s compensation package, even if it were restored in following years.

Department heads and employees sitting in on hearings this month pointed out that bonuses were one-time “thank yous,” while longevity and COLAs became part of employees’ salaries. They complained that the city–which was once at the top of the county’s Personnel Board list for compensation–had fallen to sixth on the list, hurting recruitment. The mayor and others, however, argued that recruitment didn’t seem to be a problem, since with 504 employees, Homewood ranks at the top of county municipalities in employees per capita (and third in retirees collecting pensions).

Some argued for a combination of tiered bonuses and longevity, as longevity was tied to salary level and didn’t represent much reward to lower-paid workers even with decades of tenure. Also, longevity pay alone wouldn’t have applied to employees with less than 6 years’ tenure.

The decision to pay bonuses only, but based on years of service, will reward tenure and include employees working less than six years, but not add to employee “base pay” for future increases or pensions. Arguments earlier in the hearings indicated the mayor was concerned that the city couldn’t absorb the ever increasing payrolls next year if extra pay took the form of COLAs or longevity this year. There is no expectation that revenues will increase this coming year.

Bonuses would be paid in mid-October out of an expected $700,000+/- surplus to be found  by the end of the budget year Sept. 30, with an estimated pay-out of $337,000 and a $350,000 cap. Bonuses, tenure, and number of full-time employees per each tier, would be paid as follows:

$350.00 for 1-3 years – 67 employees
$500.00 for 4-6 years – 47 employees
$750.00 for 7-9 years – 41 employees
$1,000 for 10-15 years – 62 employees
$1,500 for 10-20 years – 51 employees
$2,000 for 20+ years – 40 employees

These weren’t the only contested votes. Transit funding took a 50% cut, with one councilman objecting. Other votes failed immediate passage for lack of unanimous consent.

Members present: All–Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, Patrick McClusky, Walter Jones, Barry Smith, Heather Reid, Richard Laws, Peter Wright, and council president Bruce Limbaugh. Mayor Scott McBrayer was also present.

Staff present: City clerk Linda Cook, city attorney Mike Kendrick, mayor’s chief of staff J. J. Bischoff, city code enforcement officer Scott Cook, city Building, Engineering and Zoning manager Greg Cobb, and planner Vanessa McGrath.

Audience attendance: 30+

Approved minutes of the July 28, 2014, meeting.

Declared a Carr Avenue property a public nuisance:  Fewer smiles came from the council in this continued hearing about conditions at 708 Carr Avenue, a vacant lot, whose owner inventoried how he was progressing in cleaning up each separate plant and fallen limb. The city’s code enforcement officer recommended the property be declared a nuisance, which was affirmed by Mr. Moody and passed with the advice that the city clean-up crews would give him another two weeks before coming in for a clean up.

Declared two properties public nuisances: Property owner Jean Byars had been given extra time to clear excessive weeds at her residence and property next door at 1628 and 1631 16th Place South. The council voted to declare both lots a public nuisance, advising that she would have extra time to finish clearing the properties before a city clean-up crew came out.

Google Maps aerial view of Dorothy McDaniel building, existing parking and grassy area to be converted to parking for a building tenant.

Postponed a rezoning vote for lack of unanimous consent: A “no” vote to pass a rezoning on a first reading failed on the first roll call vote, Michael Hallman. Because the vote failed the required “unanimous consent” for an early decision, it will be carried over to the next meeting for a second reading. The Planning Commission had recommended owner Larry Mantooth’s request to rezone vacant property at 1659 28th Avenue South from R-7 (Attached Dwelling Unit District) to C-2 (Neighborhood Shopping District) in order to expand parking for a prospective buyer of the former Dorothy McDaniel building.

Voting no: Mr. Hallman, saying he opposed rezoning cases in principle.

Concept of a mixed use structure and landscaping.

Failed unanimous consent to change a Final Development Plan: 1659 28th Avenue South and rezoned to MXD (Mixed Use District) to combine a residence and work space in one building. This vote to change the plan’s design, building materials, failed on a vote for immediate consideration, requiring the unanimous consent of all present.

Voting no:  Michael Hallman, saying he was opposed to rezoning cases in principle.

Agreed to annex a residence in West Homewood:  The council agreed on the first reading to annex a residence at 1709 Hillbrook Drive in Forest Brook Estates.

The area outlined in blue shows the boundaries of the acreage the Islamic Academy is purchasing between the school and 18th Street. The school is asking the city to vacate the unopened right of way (for 18th Street) that runs through the middle of the property. It is also asking to rezone the property from commercial to institutional.

Carried over until October 13, 2014: The council will consider vacating unused portions of 18th Street South for the Islamic Academy, in Rosedale. The  unopened road lies within adjacent wooded acreage the school has purchased, and has asked to rezone. Both requests will be heard in October.

Approved a 2-way stop and cross walk: A pedestrian–not traffic–“stop” (whatever that is) was approved at Grace Street and Gainswood Road.

Approved a state off-premises beer license:  The council had no objection to an off-premise beer license for a Shell station at 2908 U.S. 31.

Approved a sign ordinance variance: The council approved an extra sign for a nostalgia burger, fry and shake restaurant at the Publix shopping center.

Approved changing insurance providers: On the mayor’s recommendation, the city changed from AMIC to Traveler’s insurance at a yearly premium of $438,986 (increase of $2,200, but more coverage).

Authorized a contract to sell a ladder truck: The mayor was authorized to sell a ladder truck to Brindlee Mountain Fire Apparatus.

Approved five extra street lights on Berry Road: The extra lighting will cost $640 per year.

Approved budget amendments: Unspecified amendments to the current budget were passed.

Approved, with one abstention, a contract for a staffing analysis:

Abstaining: Mr. Hallman abstained, giving no reason.

Approved 6-5 awarding employee bonuses subject to budget surplus:
The pros and cons of awarding bonuses, longevity pay or some permanent but small COLAs were debated in at least three separate budget hearings, including the session immediately preceding tonight’s council meeting. The decision to award bonuses only signaled the first time Homewood has not approved a yearly longevity pay-out, used to reward loyalty, but also significant because the state’s retirement system has accepted the regularity of the Homewood longevity pay as part of a traditional compensation package and therefore figured into pensions. Bonuses are not. Employees argued understandably for the surplus to be paid as longevity or COLA, with lasting impact, while others argued that this one departure might allow RSA to stop calculating Homewood’s longevity pay into retirement pensions even if reinstated the next year.

Voting no:  Michael Hallman, Fred Hawkins, Vance Moody, Peter Wright, Bruce Limbaugh. (A no vote in this instance is against dropping longevity, not against paying an increase.)

Not so fast, MAX. Homewood’s city council thinks they’re being over-charged for bus service and can’t get straight answers from the Jefferson County Transit Authority. So tonight they voted to slash the service hours and funding to “get their attention.” This picture by Joe Songer is from a 2010 Birmingham News story on new MAX buses.

Approved 10-1 changes in transit funding: The city’s payment for MAX buses is based on number of hours of service in city limits and next year would increase from $263,000 to $274,172. On a motion from Mr. Wright based on advice from Mr. Kendrick, the Finance Committee voted to cut the hours of service — and therefore funding–in half next year. The Finance Committee also recommended paying the Birmingham-Jefferson County Transit Authority by check rather than in an automatic draft from property taxes, as in the past. Mr. Wright said the move would get the attention of the transit authority to clear up questions. It seemed the committee was prepared to replace some or all of the amount cut, based on response from the transit authority.

Committee members said the city’s seat on the transit board had been eliminated and — even though Homewood is the second largest transit customer in the county–the city doesn’t get enough information about how the service is billed. Several also thought the authority was counting and charging Homewood for service hours spent in Palisades, which is in Birmingham city limits. Mr. Jones, who once served on the transit board, said in its defense it was the only system in the nation with no dedicated source of funding, so it had to go begging every year. However, only Mr. Hawkins voted against the cut when it was presented to the full council. It is likely that move will prompt the authority to announce reduced service hours and also produce a clearer audit of service hours. At that time, the budget might be reinstated.

Voting no – Mr. Hawkins, saying he thought someone should just call the transit authority and ask for information, rather than cutting service.

Approved 10-0 amended Mayor’s Fiscal Year 2014-2015 budget: The final approved budget will be posted on the city website as soon as possible. No one on the council had a summary of the approved budget or a comparison of the mayor’s budget and final council-passed budget. 

Not voting – Mr. Hallman, rather than abstaining in each of the dozen or so separate fund votes that make up the full budget, asked to sit out the vote in the audience. He said he had called the state ethics commission for an opinion due to his work with a contractor involved in the Oxmoor Road improvement project, and was advised not to take part in the vote.

Referred the following matters to committee:

To Special Issues – 1) To consider a sign ordinance variance at 185 Oxmoor Road, and 2) Consider changes to ZIP code, voting boundaries, etc., on the city website (???).

To Finance: To consider a life-insurance and long-term disability insurance plan for employees.

Set an Oct. 13 sign variance public hearing: For a sign variance at 185 Oxmoor Road.

Approved closing Brookwood Lane for band shows: The road will be closed from 11:00 a.m. – 10:00 p.m. on Oct. 11, 2014 at 780 Brookwood Village for Station 103.7Q “Just Show Up Show.” Set up begins early but the event runs 5-9 p.m.

Approved a training seminar for council, Planning Commission and BZA members: The city attorney will set up a training seminar for the council, Planning Commission and Board of Zoning Adjustment members.

Paid the bills: Invoices for Sept. 8-Sept. 19, 2014, were paid.

The meeting adjourned at about 8 p.m.

Planning Commission, Aug. 12, 2014

 

Google Maps aerial view of Dorothy McDaniel building, existing parking and grassy area to be converted to parking for a building tenant.

Following trends seen in recent meetings, the Planning Commission tonight approved three non-residential cases — including two in Rosedale — rezoning vacant residential property to commercial, amending a Mixed-use District Development Plan, and the last approving additional paved parking on the Samford University campus. The discussions were dominated by concerns over parking as commercial and institutional areas expand.

Members present: Billy Higginbotham, chairman, Mike Brandt, vice-chairman, Fred Azbik, Fred Hawkins (member and council liaison), Battalion Chief Nickolas Hill, James Ponseti, and James Riddle.

Members absent: Mark Wood

Commission vacancies:  One seat

Staff attendance: Donna Bridges, commission secretary; Greg Cobb, manager, Engineering, Planning & Zoning Department; and Vanessa McGrath, Engineer, Engineering, Planning and Zoning Department.

Audience attendance: 20

All votes are unanimous unless otherwise noted.

Approved: Minutes of the July 1, 2014 meeting, without reading.

Approved rezoning a residential district for commerical parking: The owner of vacant land at 1728 26th Avenue South asked to rezone the property from R7 (attached dwelling unit district) to C2 (Commercial Shopping District) to accommodate an ADV audio/visual showroom that has 12-month lease on the former Dorothy McDaniel building. The property encompasses a drainage ditch and abuts the building and a lot  already rezoned to C2 at 2560 18th Street. The plan is to improve existing parking and expand for a total of 30 spaces. The expanded parking area will be landscaped to buffer the view of parked cars. No questions were asked at the public hearing, other than a clarification by Mr. Azbik that the property would be used for “shopping.”  Ms. McGrath explained that a showroom was considered a “shopping” area.

View of lot at 1659 28th Avenue South

Site zoned for a Mixed Use District (live/work) building was approved for angled parking and other modifications at 1659 28th Avenue South.

Approved amending a development plant on a 6-1 split vote: Property owner Abby Brock requested a previously approved development plan be amended to add a second story to her building at 1659 28th Avenue South, to modify parking, and add landscaping. (The property had previously been rezoned to MXD with the original development plan. MXD stands for Mixed Use District, an urban district combining residential and work space under one roof.) Ms. Brock presented a three-dimensional video property layout, showing views of all sides of the building, and a top view, with the modifications.

Two neighbors living adjacent to the property spoke in the public hearing. A resident at 1626 28th Avenue South asked what the height of the building would be with the second story. Mr. Cobb said 20 feet height, which is within the 25 foot maximum. The resident also asked the height of a prominent wall right off the street that was already approved in the development plan. It was determined to be 8 feet high.

A second resident living at 1627 28th Ave South had concerns about the wall being out of character for the area, and too high or imposing. He asked for the walls to be lowered to 6 feet and expressed concern about creating additional parking in an area already congested with traffic. Traffic concerns weren’t addressed and it was determined that an “8-foot stucco wall” was already approved in the development plan. Ms. Brock said she would stick with the original plan.

Ms. McGrath then summarized the contents of a letter in favor of the development submitted by a resident on B. M. Montgomery Street. Following the hearing, Mr. Higginbotham asked if a side wall was on the property line.  It was determined to be on the property line, but in line with the former house and fence. The proposed parking modifications would place angled parking in the city right-of-way. The Battalion Chief said there was adequate fire department access from two sides, and with no further questions, the plan passed 6-1.

Voting no:  Mr. Azbik, giving no explanation.

Approved additional parking on Samford’s campus: The commission approved an amendment to the development plan, allowing Samford University to add a total of 246 parking spaces on campus in three new lots.

• One area of 27 spaces would be paved onto a grassy service area behind the University Center.
• A second parking area of 139 spaces would be created from an out-field of Griffin Baseball Stadium.
• A third area would create 80 parking spaces near Lakeshore Drive, extending current parking there and demolishing one house.

Mr. Cobb was quick to mention that none of the new parking areas falls within or near the surrounding residential neighborhood. During the public hearing, a resident from Curry Way asked whether the utility road behind the University Center would remain open. The answer was yes, access for utilities would remain, and new drainage would be installed into the existing ditch.

Mr. Higginbotham closed the public hearing, then asked Ms. McGrath whether Samford met parking requirements for the city.  Ms. McGrath said yes, Samford exceeded the city’s parking requirements.

 

City Council meeting, Aug. 11, 2014–new member standalone

 

Barry Smith, selected to fill the Ward 4, Place 1 unexpired council term of Jenifer Champ Wallis

The highlight of this 50-minute meeting was the selection of Ms. Barry Smith among 11 total candidates to fill the unexpired term of Ward 4, Place 1 representative Jenifer Champ Wallis. Link to a thumbnail sketch of Ms. Smith’s experience, and to her resume and application letters. The council also approved recommendations to put portions of Valley Avenue on a “Road Diet,” i.e., reduce the corridor from 4 lanes to 2 lanes with a dedicated center turning lane.  Click here to read the details of the consultant’s recommendations, presented at a pre-council work session. However, a mayor’s request to solve a parking problem near the failed “community garden” site in Ward 3 also failed the unanimous consent test for immediate passage. See below. It will be presented for a vote at the next meeting.

Members present: Michael Hallman, Britt Thames, Vance Moody, Fred Hawkins, Patrick McClusky, Walter Jones, Heather Reid, Peter Wright, and council president Bruce Limbaugh. Also present was Mayor Scott McBrayer.

Members absent: Richard Laws

Staff present: J.J. Bischoff, Mayor’s chief of staff, Greg Cobb, Building, Engineering and Zoning Department, Linda Cook, city clerk, and Mike Kendrick, city attorney.

Audience attendance: approximately 25 to start.

All votes were unanimous unless otherwise noted.

Approved minutes of the June 9, 2014, meeting.

Denied unanimous consent to establish parking spaces on “short” Saulter: A mayor’s request made weeks ago in committee to relieve evening parking congestion on Carr Avenue for GianMarco’s restaurant by establishing parallel parking spots along short Saulter was postponed by the single no vote of Patrick McClusky. Ordinances must receive “unanimous consent” of those present in order to pass on a first reading. McClusky’s no vote and position in the roll call meant the measure failed upon his vote, and by default will be presented again at the next session, where only a simple majority is required for passage. Mr. McClusky and Mr. Jones, who sits next on the roll call, represent Ward 3, where the parking situation is an issue and where residents no doubt still remember the council’s very unpopular denial to establish a community garden or green space on property along short Saulter.

Voting no: Mr. McClusky. Mr. McClusky explains that although he agrees with the plan 100%, he felt the council owed further information and details to neighbors, some of whom appeared at a committee meeting last week. The information, he said, will be delivered to those neighbors before the vote.

Approved removal of bamboo: The council agreed to remove a stand of invasive bamboo near the Creative Montessori School.

The city may spend up to $75,000 repairing sections of the channelized Griffin Creek that collapsed during recent heavy rains.

Approved a settlement to make creek repairs: The council approved a $16,990 settlement, no explanation given, to repair two sites where the Griffin Creek channel collapsed during spring flooding. The city will obtain a general release from all but one property owner.  Resolution No. 14-78 approved the $16,990 total settlement.  The Resolution passed on the Finance Committee’s motion and a second from Mr. Thames.

Postponed the following public nuisance hearings: Action on properties cited for overgrown conditions at 2831 16th Place South and 2827 16th Place South, presented in public hearings in July, were continued to the Aug. 25, 2014, meeting.

Approved recommendations to put Valley Avenue on a “Road Diet:” Click here for details presented at the earlier work session.

Approved support of a state ABC licenses to allow beer/wine sales at Seeds Cafe:  Paperwork for the license was completed by Seeds’ parent entity, the nonprofit faith-based Common Thread Company, which operates the cafe at 174 Oxmoor Road.

Referred these items to various committees, as follows:

To Finance – Request to vacate an alley off of Kensington Road; a request for amendments to the current city budget; a request to allow the mayor to enter into a contract to sell Ladder 4 to Brindlee Mountain Fire Apparatus; and to allow the mayor to enter a cell phone contract with Verizon.

To Public Safety: A request to consider support of a state ABC retail liquor license application for J. P. Partners, Inc. doing business as Oak Hill Bar & Grill, at 2835 18th Street South; and a request to consider traffic concerns on Valley View Circle.

Dropped:  A request to fence the perimeter and board up windows of the lower two floors of a motel at 260 Oxmoor Road, forced to close recently by a council denial of business license, was dropped.

Approved closing Brookwood Lane for a concert series: The road will be closed from 1-10 p.m. on Sept. 4, Sept. 11, Sept. 18 and Sept. 25 for a live concert series.

Paid the bills:  Invoices for the period July 28-Aug. 8, were paid.
The meeting adjourned at 6:47 pm.

City Council meeting, April 14, 2014

The yellow segment on this early view of the new Rec Center shows the approximate size of a proposed Exceptional Foundation expansion. The agency’s architect had repeatedly said the expansion would “square up the neighborhood activity area.” Tonight the council agreed, 9-1.

It took two separate votes, but the council finally approved the rezoning of two residential properties on Oxmoor Road that will be cleared to allow a second expansion of the Exceptional Foundation.  Two seemed to be the magic number on this request, which had been before the Planning Commission twice, the Planning & Development Committee twice, and tonight was making its second appearance in front of a council hesitant about approving an expansion without multiple conditions to appease neighbors and themselves. Although many residents had predicted the outcome going in, they had not foreseen such a one-sided result.

After a motion and a second to approve from Fred Hawkins and Vance Moody of Ward 2, Walter Jones asked members to offer “creative” solutions to the traffic problems he foresaw from the Foundation’s planned new entrance on Oxmoor. Traffic stacking up behind cars turning left and traffic using the drive to cut into the rec center were his concerns. Following discussion, Jones made an amended motion to approve the rezoning conditioned on prohibiting any left turn from Oxmoor into the facility. Jenifer Champ Wallis seconded the conditional motion, which failed in a 5-5 tie, sending the next vote back to the no-strings-attached motion still on the floor. Here the vote passed 9-1 with Mr. Hallman dissenting.

This wasn’t the only news in a two-hour meeting with an unexpected 30-minute executive session called at 7:15 to discuss impending litigation. But by appearances, it was by far the most painful.

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

Members absent: Patrick McClusky

Staff present: City clerk Linda Cook, city attorney Michael Kendrick, mayor’s chief of staff J. J. Bischoff, Building, Engineering and Zoning staff Vanessa McGrath and Greg Cobb.

Audience attendance: About 25 to start.

Approved February 10, 2014 meeting minutes.

Appointed three members to vacancies on the Homewood Environmental Commission, as follows: Hans Paul was reappointed, for Ward 5; Arnold Rutkis was appointed for Ward 1 and Erin Clark was appointed for Ward 1.

Approved 9-1 a rezoning for the Exceptional Foundation Expansion: The two residential properties at 1610 and 1612 Oxmoor Road were rezoned from the current zoning of NPD (Neighborhood Preservation District) to I-2 (Institution District). The Exceptional Foundation will close on purchasing the adjacent properties, which will be bulldozed to allow a facility expansion and separate drive and drop-off point off Oxmoor Road, opposite West Glenwood Drive. Traffic congestion was by far the most prominent concern of those who sent emails opposing it, said Ms. Wallis. A vote for a conditional approval based on prohibiting a left turn into the new building from Oxmoor Road failed in a 5-5 tie. Mr. Hawkins and Mr. Moody were staunch in their motion to pass the rezoning with no strings attached and in the first balloting voted no to the amendment, followed by Ms. Reid, Mr. Wright and Mr. Hallman–who was against the rezoning at any cost. Voting in favor of conditional rezoning were Mr. Jones, Ms. Wallis, Mr. Thames, Mr. Laws and Mr. Limbaugh, who said he opposed having any second entrance built to the new facility. All four council members favoring an amended motion, however, voted in favor of the rezoning without any conditions, making the final vote 9-1.

Voting no: Mr. Hallman has maintained his final no vote was in favor of preserving the surrounding neighborhood from institutional encroachment. Although he had planned to abstain, he followed Mr. Jones’ advice to make his vote a clear yes or no.

Simply Ponds, a business about to open on Oxmoor Road in an area slated for a new pedestrian-friendly building codes, wants to keep a non-regulation front fence. The matter was kicked back to committee.

Sent a front fence variance request back to committee:  Owners of a garden pond and statuary business being moved to 173 Oxmoor Road apologized profusely for building a high iron security fence in front of their property without getting a variance first, but insisted they were ignorant of the regulations and that it was necessary to protect valuable fountains and concrete figures–which they planned to display outside the business when it opened. Mr. Moody said he saw no justifiable hardship to allow the fence. A resident (reporting) opposed the fence, which is in the Green Springs Urban Renewal District (GURD) and subject to rezoning into the more stringent West Homewood District–a new improvement area. The council will deliberate further in a Special Issues Committee meeting.

Agreed to allow a resident to remove–and replant–a public tree – A homeowner at 205 East Edgewood Drive was allowed to remove an evergreen tree from the city right of way if it was replaced, per the Tree Ordinance, with a same-size or larger street tree. Mr. Hallman added to his motion a stipulation that the replanting occur within 60 days. A similar request to remove two public trees behind 1411 Primrose Place and deemed to be in danger of falling was referred to an arborist before a decision is made.

Correction–Sent back to Public Safety Committee —Approved taking three Oxmoor Road traffic lights temporarily out of service – The council was just about to approve removing three signals at Edgeview Avenue, St. Charles Street, and East Hawthorne Road prior to synchronizing the remaining lights, when the mayor asked that they consider covering them or turning them off for a period of time before going to the expense of removing them. The mayor, noting that he wasn’t a traffic expert, said he didn’t think any of the signals should be removed. After some discussion, it was discussed whether to cover the signals for a period of time, then hold a public hearing before making any  decision to remove the lights. Any synchronization of the lights on Oxmoor will await such a hearing. The cost of removing the signals is in the $50,000 range and is unbudgeted for this year, he pointed out.

Approved on a split 8-1 vote:  – With Ms. Wallis temporarily out of the room, the council voted to renew for three years an audit contract with RiverTree Systems, Inc., a tax auditing service.

Voting no: Mr. Hallman voted no, saying after the meeting that he preferred to let the state provide the service.

Approved a reduced rate for AT&T Business Local Calling – The city’s IT director alerted the council that a promotion for a long-term contract would save monthly fees.

Approved a grant-funded road project on Valley Avenue and West Valley Avenue. The council authorized the mayor to enter a contract with Goodwyn, Mills & Cawood, Inc. for engineering services required for  resurfacing Valley and West Valley avenues in city limits. The project is to be funded by an ALDOT grant for road improvement. No dollar amount given.

Approved a combined package of sidewalk projects and related expenses: Sidewalks and other paving and road projects were addressed in a council work session that preceded this meeting.  Here’s the link. http://wp.me/p2FKt1-Hv

Dropped, at the mayor’s request, an intersection improvement grant: At the mayor’s request and with an air of mystery, the council agreed to drop a request allowing Goodwyn, Mills & Cawood, Inc. to apply for a TAP grant related to services at 18th Street South and Rosedale Drive.
The mayor referenced “missing documents.”

Approved various amendments to the current budget: No details.

In one vote the council refers many questions each meeting to committees. Here is this meeting’s Committee Referral Agenda:

To Finance-A request to declare surplus property; To consider emergency repairs to Griffin Creek; To set a bid date for emergency Storm Water Drainage Pipe and Road repair at 1717 – 27th Court South; and to consider a crosswalk across Shades Creek Parkway to Brookwood Mall.

To Planning & Development-Prior to public hearings, the committee will consider 1)The Planning Commission’s tie vote on rezoning from NPD (Neighborhood Preservation District) to MXD (Mixed Use District) a property of duplexes at 2756 B. M. Montgomery Street, in which one duplex would contain a graphics studio; 2) A favorable Planning Commission recommendation to rezone  a downtown office building from C-1 (office) to C-4 (central business district) to allow a Pilates class to be taught in an office suite; and 3) The rezoning of 24 separate and variously zoned commercial properties in West Homewood to WHD–a district based on a more uniform and aesthetically regulated codes than traditional zoning based on use.

To Public Safety – To review the Homewood APPLE Traffic Study, part 2 (see part 1, above) about upgrading traffic signal systems on Oxmoor Road; To review street/road closure procedures for neighborhood events; To request a liquor license application for Crescent Hotels and Resorts LLC d/b/a ALOFT at 1903 29th Avenue South due to business changing management companies; and To consider a no parking ordinance at or near 905 Columbiana Road.

To Special Issues – To consider unspecified special issues in Rosedale; and the fence variance request from the Simply Ponds business at 173 Oxmoor Road.

To Public Works – The committee will meet to consider giving up possession of a city easement next to 1380 Kendall Place.

Set the following May 12 public hearings on rezonings cited above: 1) On the proposed rezoning at 2756 B. M. Montgomery Street; 2) The proposed rezoning at 1628 29th Court South; and 3) The proposed West Homewood Village (West Homewood District) rezonings.

Paid the bills, with two exceptions: Mr. Thames reviewed the invoices for March 31-April 11, 2014, with a motion to approve all except two, awaiting documentation.

Went into an executive session:  The city council voted unanimously to enter a closed-door executive session to discuss “impending litigation,” one of many exceptions to the state’s laws prohibiting private deliberations by public councils and boards. The council, attorney and city clerk were in session approximately 30 minutes before returning to adjourn the meeting. The city is in at least one lawsuit, with America’s Best Value Inn and Suites, which is contesting the council’s decision not to renew its business license. The city’s chief of police appeared to be in the private session as well.

City Council, March 31, 2014 – The rest of the story

Although Monday’s protracted Exceptional Foundation public hearing drew most of the council’s attention, members also conducted other business and entered an unusual executive session–the second in two months–to discuss “upcoming litigation.” Click here to read about the hearing. Continue below to read the “rest of the story” about Monday’s council business.

Members present: All-Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, Patrick McClusky, Walter Jones, Jenifer Champ Wallis, Heather Reid, Richard Laws, Peter Wright and council president Bruce Limbaugh.

Absent: Mayor Scott McBrayer

Staff present: City clerk Linda Cook, city attorney Mike Kendrick, mayor’s chief of staff J. J. Bischoff, Building, Engineering and Zoning staff Vanessa McGrath and Greg Cobb.

Audience attendance:  80+

Approved Jan. 27, 2014 minutes.

Set application deadline for Environmental Commission: The council set an April 14 deadline to fill a commission vacancy.

Council fails unanimous consent test to vote on Exceptional Foundation rezoning, matter carried over: As a check against hastily-passed legislation, law requires municipal ordinances to be presented at two separate meetings before a vote can be taken. The council can dispense with this rule only if the members unanimously consent to taking a vote without the second reading. In this case, councilman Hallman announced his intention to abstain from the final vote, and abstained as well on a vote for unanimous consent–ending the balloting until the next meeting, April 14. Later in the meeting the Exceptional Foundation plan was referred for further discussion to the Planning & Development Committee, which will meet at 6:30 p.m., Monday, April 7. 

Approved yet another sign variance for yet another version of Sticks ‘N Stuff:

The latest display incarnation of Sticks “N Stuff, aka Furniture Liquidators, briefly contemplated to be named Trader Bob’s, and now planning to move from the showroom to the rear of the old Mazer property.

Despite the perpetually running “Going out of Business” sale at Furniture Liquidators, aka Sticks ‘N Stuff, at the old Mazer’s building at 816 Green Springs Highway, the business is still very much with us. However, it is changing its name and–according to real estate representative Chris Hoyt–also its location on the property. Furniture Liquidators will be moving from the front showroom to the rear of that building, next to the Jimmie Hale Mission thrift store. Since its last variance request before the council–after it violated the city’s sign ordinance, then violated the council’s three-month reprieve and submitted a design as Trader Bob’s –the owner has lighted on the name Stokhome. The property representative said they are working to improve the building.       

Passed a sign variance: The council passed a sign variance for a business at 2510 18th Street South, applicant listed as Jerry Spencer. No details.

Set College Street one-way during peak school traffic hours:  This measure was passed on a first reading on the unanimous consent of the council. Traffic on the road in front of Edgewood Elementary School will run one-way east, from Oxmoor Road to Broadway between 7:30-8:30 a.m. and 2:30-3:30 p.m.

Awarded a bid to purchase firefighter protection equipment: The council approved a contract purchasing undisclosed equipment chosen in a March 3 bid opening and costing roughly $1,920 per fighter. The fire chief has not yet answered emails asking for the number of items or description of the equipment. 

Agreed to pay $1,954 to “frost” jail windows for privacy: The police department got three informal prices before settling on a vendor.

Referring matters to various committees, as follows:

To Finance – 1) To consider an annual audit contract with RiverTree Systems, Inc.; 2) to consider an AT&T Business Local Calling contract; 3) To authorize the mayor to enter into an agreement with Goodwyn, Mills and Cawood, Inc. for the resurfacing of Valley and West Valley Avenue in Homewood. The project is being funded with ALDOT road improvement funds; 4) To have compiled a detailed list of expenditures for completed sidewalks or those in progress from the Building, Engineering and Zoning Department from January 2013-March 2014 prior to authorizing contracts and expenditures; 5) To consider mayor’s request to enter into a contract with CM Food Services for Rosewood Hall; and 6) a budget amendment measure not made clear.

To Special Issues – 1) Preceding an April 14 public hearing (set later in the meeting), to consider a zoning variance allowing a fence on the front of property belonging to Simply Ponds located at 173 Oxmoor Road. The iron security fence was erected without a permit and requires a variance to be allowed to stay, according to city staff; 2) To consider, under the tree ordinance, removing a tree in the city’s right of way in front of 205 East Edgewood Drive and two trees from a city alley behind 1411 Primrose Place; 3) To consider a buffer at 1108 Columbiana Road; and 4) To consider a fall barbecue event?? details not clear.

To Public Safety – To consider adopting an ordinance prohibiting parking in an alley next to 21 Crest Drive.

[The Planning and Development Committee set an April 7 meeting at 6:30 p.m., to discuss further the Exceptional Foundation rezoning case.]

Approved a document requested in the sale of Brookwood Village by Colonial Realty to CAPREF Acquisitions:  The council, after an explanation from the city attorney, approved an “estoppel certificate” certifying that there was no default or outstanding complaint on a 2002 development agreement whereby the city contributed to the mall development in exchange for a road inside the property.

Approved closing Brookwood Lane for two events: Brookwood Village is hosting the Birmingham Reads Book Drive festival on Saturday, April 19 from 7 a.m.-3 p.m., with the activities open from 11 a.m.-2 p.m. The road will also be closed for the Brookwood Live music series on the following Thursdays in May, May 1, May 8, May 15th May 22 and May 29. The events run from 5-9 p.m. with the road closures from 1-10 p.m.

Paid the bills: Invoices for March 3-March 28, 2014 were approved for payment.

Voted to enter an executive session to discuss “impending litigation”: There may be a lot of impending litigation the council was discussing, but the main one seems to be the complaint following the council’s 6-3 decision not to renew the business license for the America’s Best Value Inn & Suites on Oxmoor Road. The 3-hour hearing and final unfavorable vote resulted in an expected legal response from the Patel family, who own the aging hotel. A circuit judge awarded a temporary restraining order, allowing the business to operate legally while owners seek a review of the decision in a higher court.  The executive session lasted about 30 minutes, to 8:45 p.m., after which the council members returned to adjourn the meeting. “Impending litigation” is one of several exemptions to the state’s Open Meetings Act that allows public boards to meet in private.

 

 

City Council meeting, March 3, 2014

The Homewood City Hall was the center of tonight’s business in more ways than one as the council went into a rare private session to negotiate lease terms with a possible taker for the vacant third floor.

The council and city attorney tonight went behind closed doors for 15 minutes to discuss the terms of a lease to an undisclosed tenant interested in the third floor of city hall. The third floor was vacated “some time ago” by a healthcare company (Optimal IMX, Inc.) that moved out of state but still pays as agreed on its lease, which expires in the spring of 2015, according to council president Bruce Limbaugh. Among other sensitive information protected by the executive session was the name of the prospective tenant, the amount of space on the third floor to be leased, the rent, and whether the original tenants would be released from any or all of the lease terms if the space is rented.

The council, following the law, voted in public to convene the private session after city attorney Mike Kendrick cited the “leasing of real estate” as one of the permitted exceptions to the State’s 2005 Open Meetings Act:  “To discuss the consideration the governmental body is willing to offer or accept when considering the purchase, exchange, sale, lease or market value of real property. …”  Click here for a link to the law in its entirety.

Although the state’s sunshine law allows exceptions to open meetings, it does not ever require a government to meet behind closed doors. See the last item below for more details.

Members present: Michael Hallman, Britt Thames, Patrick McClusky, Walter Jones, Richard Laws, Peter Wright, and council president Bruce Limbaugh. Also present was the mayor, Scott McBrayer.

Members absent: Fred Hawkins, Vance Moody, Jenifer Champ Wallis, and Heather Reid.

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

Audience attendance:  25, including a dozen members of Shades Valley Lutheran Church Boy Scout troop 95, which led the pledge and stayed to earn civics badges.

Approved:  Minutes of a previous meeting, date not shown.

Appointed three members to two separate boards: The council voted on a motion from Mr. Hallman to appoint Gail Harper Yielding and Mitch Stephens to two at-large seats on the 9-member Homewood Environmental Commission. Three members of the advisory commission have reached their term limits; On a motion from Mr. Thames, the council also appointed Blake Robinson to the Ward 1 seat on the Homewood Commercial Development Authority.

Approved a downtown sign variance: On his third visit before the council, Wallace-Burke Jewelry co-owner Preston Foy was granted a sign variance for the jeweler’s new location at the former Monty Stabler Gallery, 1811 29th Avenue South. Mr. Foy originally asked to use an abandoned pole sign on the property, which would have violated the moratorium on such signs. After discussion in committee, Foy presented a modified sign that extends out from an adjacent building wall — not a pole– to the right of the building.

Looking east on Oxmoor at two houses the Exceptional Foundation is seeking to buy and use to expand parking and facilities.

Set the Exceptional Foundation rezoning hearing and other preliminaries to an expected facility expansion: The council will hold a March 31 public hearing before voting whether to rezone two residential lots next to the Exceptional Foundation, allowing it to expand its facility. Conditioned on that rezoning, the Foundation would buy and clear the two lots, then transfer the deed to the city in exchange for a long-term ground lease. The city already owns the ground under the current facility. The exact terms of this agreement will be discussed in the Planning and Development Committee mid-month and be reported at the March 31 council meeting when the rezoning is considered. The Planning Commission has already recommended the rezone in a 7-1 vote, with member Mark Woods voting no.

Approved a $5,000 advertising contract: The council agreed to spend $5,000 on advertising to support the Gulf South Conference Basketball Championship at Samford University. The event runs March 6-9.

Approved spending up to $50,000 for the Wal-Mart (Lakeshore Interchange) traffic study: The traffic study is required to renew an expiring road improvement project approved for federal funds a decade ago at Wal-Mart and the Interstate 65 interchange at Lakeshore Parkway. Although the city had –with difficulty — budgeted $23,000 for the project, the Finance Committee voted 3-0 to move an additional $27,000 from another fund to pay for the study, with Mr. Jones saying more may be necessary. To read more background, click here to read the Nov. 12 report and here to read the Jan. 27 discussion.

Set public hearings and referred several items to committees, as follows:  To Finance – To consider a contract with name inaudible [details to come). To Special Issues – 1) To consider a sign variance at the old Mazer facility, rear building, for the Sticks ‘N Stuff tenant before a public hearing set for March 31; and 2) To consider a sign variance at 2510 18th Street South before a March 31 public hearing.

Authorized the mayor to renew a $7,500 a/c contract: The contract is to maintain the City Hall air handling system, which will continue with Trane, the only manufacturer and supplier of the system’s spare parts.

Paid the bills: The council voted to pay bills for Feb. 24-March 1, 2014.

Entered into an executive session: The council voted unanimously to enter a legally allowed “executive session” or private session in order to negotiate a lease on the third floor of City Hall with an undisclosed prospective tenant, via a real estate representative. After concluding the session, the council returned to their seats and voted in public to authorize the city’s attorney to write the lease. Although the private negotiations were permissible under an exception to the state’s Open Meetings Act, the lease contract will be a public record and will be presented in a public committee meeting. Mr. Limbaugh explained after the meeting that the original third floor tenants had spent between $500,000 and $600,000 finishing out the space, which was only “studded in,” before moving in.  This expense has become part of the negotiations for closing out the lease before renting to new tenants.

City Council Meeting October 28, 2013

Tricia Ford and Steve Preston of the Homewood Chamber of Commerce opened the meeting with an announcement about the Nov. 7 Holiday Open House, in which downtown businesses stay open in the evening. The main business items included the pending purchase of a $1.1 million ladder truck, an

The city council rearranged its downtown sign district boundaries to give Rosenberger’s more visibility.

extension of an expiring moratorium on “pole signs,” and a series of maneuvers to allow Rosenberger’s Trunk to have a tall, free-standing sign not otherwise allowed at its downtown location.

Members present:  Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, Bruce Limbaugh, Walter Jones, Heather Reid, Rich Laws, Peter Wright. Also present was Mayor Scott McBrayer.

Members absent:  Patrick McClusky and Jenifer Champ Wallis.

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

Audience attendance:  14

Approved: Minutes of the Sept. 16 council meeting.

Park Board vacancies announced: Council President Bruce Limbaugh announced that two Park Board members’ terms expire Dec. 31, leaving one at-large vacancy and one Ward 2 vacancy. Terms are five years. Applicants should send in a resume and letter of interest to city clerk Linda Cook. Nominations will be made in January with new members appointed in February.

The following items were dropped on one consenting vote: A) A traffic  study for speeding on Saulter Road was dropped because enforcement (tickets and warnings) have been effective; and B) Dropped was Fire Chief John Bresnan’s request to add certain safety amendments, particularly about fire sprinklers, to the fire code, which had been eliminated by the council to appease business interests. Bresnan and the Public Safety Committee agreed to wait until an upcoming evaluation is completed and pending a recommendation to adopt more recently issued fire codes, either 2012 or 2015.

The commercial area from U.S. 280 (top) to 28th Ave. and from 18th St. (left) to U.S. 31 was changed to a district with more relaxed sign regulations. Rosenberger’s Trunk is marked at the top.

Agreed to re-draw the downtown sign district, easing certain restrictions for a business: On a recommendation from the Special Issues Committee, the area from 28th Avenue to U.S. 280 and from 18th Street to U.S. 31 was removed from removed from the city’s most stringent commercial sign district, District 5, which prohibited any free-standing signs.  The change was made to accommodate a request from Rosenberger’s Trunk, which recently moved from The Summit to a small warehouse space at 2712 19th Street South it owned, and refitted as a retail store.  The store lacked visibility without a sign and the owners’ request at the last meeting was met with a promise to somehow alter the district’s rules. That store, and all others in the altered area, are now part of District 1.

Granted Rosenberger’s a sign height variance: With the zoning district redrawn to exclude Rosenberger’s from District 5 and its sign prohibition, the council then considered and granted a request for a sign that is higher than normally allowed under the rules of District 1.

Passed on a split vote an extended moratorium on “pole signs” –

The council extended 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 council continued its city-wide ban on processing applications for new pole signs, which are signs held aloft on poles and considered unsightly compared to monument signs, which are built up from the ground and usually not as tall. The extension was passed with some modifications–not clearly explained–from the original moratorium.

Voting no – Mr. Hallman voted no on the extension, as he had on the original moratorium, because the measure hinders business.

Approved a driveway variance – A homeowner at 332 Kenilworth Drive was granted a variance for a second driveway, which is shared with a neighbor to keep cars off the street.

Approved, with one abstention, a sidewalk/crosswalk in front of McDonald’s: McDonald’s restaurant at 818 Green Springs Highway has agreed, with the Alabama Department of Transportation, to fund a sidewalk and crosswalk in front of the store. It is unclear where the crosswalk will be, across Green Springs or across the driveway from the sidewalk to the store.

Abstaining: Mr. Hallman abstained as a former employee of ALDOT.

Approved a $1.1 million purchase/financing deal for a new ladder truck: The council granted a request by the fire department to purchase for $1.1 million a new ladder truck with financing offered by HGAC (Houston-Galveston Area Council, a planning and purchasing entity for small  governments) and Regions Bank. Further details/explanation requested.

Approved (unexplained) 2012-13 year-end budget amendments: Further details/explanation requested.

Approved a change to employee vacation/sick leave policy: The council approved amending employee leave policy to allow accumulated vacation time over 320 hours to transfer to sick time at the end of the calendar year.

Items referred to committees, as follows:  To Finance – A  request by Mr. Jones, chairman, to hire a  consultant to review and recommend software and hardware or City Hall; and a request by the city attorney to “authorize an application to be filed” with the Alabama Department of Environmental Management for the former Mayfield Cleaner’s site near City Hall.  Awaiting explanation.   The following explanation came several days later from Councilman Hallman:  The city had an agreement with the owner, now deceased, to purchase the property pending an letter from ADEM that the property wasn’t contaminated from a drycleaning solvent spill.  Pending that clearance–which never came–the purchase funds were put into a trust. The city is now seeking the clearance letter itself to complete the sale. 

Rescheduled the next meeting: Due to Veterans Day, the next meeting and work session are rescheduled to Tuesday, Nov. 12.

Set Nov. 12 hearings for driveway variances: For more than one driveway entrance, and additional width at 504 Hambaugh Avenue; and unspecified issues on a driveway at Westover Drive.

Paid the bills:  The council approved payment of invoices for Oct. 14-25, 2013.

The meeting adjourned at 6:50 p.m.

City Council meeting, FY2014 budget, Sept. 30, 2013

The council tonight passed the city’s FY2014 budget with a balanced $40.4 million general fund–an increase of $379,063 over the figure presented in the mayor’s budget on Aug. 25. Link to new budget here.

For the past month it has been the task of the council Finance Committee to digest the mayor’s total $63.8 million spending plan across 15 separate funds and adopt its own version before the Oct. 1 start of the fiscal year.  Finance Committee chairman Walter Jones made only brief remarks about the substance of the committee’s final budget, saying the committee left most of the mayor’s requests intact but reduced the $4.6 million in expected property tax revenues due to the unexpected shortfall of $1.5 million this year, sending unspecified cuts throughout the total budget. Details will emerge when the budget is made available online.

The committee, also left intact the mayor’s request to create a new Public Service Department from consolidating Parks and Recreation–which is governed by an autonomous board–with Streets and Sanitation departments, and promoting parks director Berkley Squires to director of the combined entity. The consolidation creates two other new positions, Assistant Public Works Director III and Park & Recreation Superintendent, and promotes five personnel overall, according to the finance director. However, the reorganization netted a savings by defunding the $89,000 public works director position, left vacant by the director’s retirement earlier this year.

Before the presentation, the budgeted U.S. 280 pedestrian bridge

The council denied any rumors that a pedestrian bridge planned on Hollywood Boulevard (in background) would include a sidewalk along the Union Hill Cemetery fence. Two cemetery preservationists said a sidewalk could threaten unmarked graves and increase litter in the historic burial ground. Councilman Peter Wright said pedestrians exiting the bridge would continue as they do now–on the street.

received sharp criticism from two speakers, Shirley Vines, of Friends and Family of Union Hill Cemetery, and Kermit Dooley, of a state cemetery preservation group.  Both opposed any sidewalk planned in connection with the bridge if it ran alongside the cemetery on the north side of Hollywood Boulevard. Ms. Vines cited the possibility of unmarked graves extending beyond the fence that she didn’t want to be “paved over” and Mr. Dooley said the sidewalk would create a littering problem. However, councilman Peter Wright emphatically denied that sidewalks were ever planned for the bridge approach. Although he said the bridge was necessary for the safety of runners, once they had crossed the bridge, they would continue to run where they do now–“on the pavement,” he said.

Council members present:  All–Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, Patrick McClusky, Walter Jones, Jenifer Champ Wallis, Heather Reid, Richard Laws, Peter Wright, and council president Bruce Limbaugh. Also present was mayor Scott McBrayer.

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

 Audience attendance:  26

Approved minutes:  The council approved minutes of the Aug. 12, 2013 meeting.

Appropriated $4,098 for a phone app: The Nashville firm iCity Corp. provides communication services for cities. This product is a phone and computer application that lets the user check a city events calendar, and receive and/or send notifications of emergencies, bad weather, etc. The representative is a Homewood resident.

Approved military supplement change:  As recommended by the Finance Committee, the council agreed to reduce from two years to one year the tenure required to receive pay if deployed. The action currently would affect one employee.

Approved 5-year ATT Uverse franchise renewal: This was passed on the Finance Committee’s recommendation. An ATT representative also answered some questions, and deflected some questions, asked in committee:  Number of ATT subscribers in Homewood over last five years? 1,850;  Questions about capacity to reach specific houses in Ward 1 —Must be within 5,000 feet of a Uverse utility box. Number of business subscribers in Homewood versus residential?  Still researching. How many of the city’s 12,000 households have access to Uverse? No answer because this is a proprietary question having to do with “saturation.” ATT has spent $14 billion in Alabama to deploy Uverse.

Approved two sign variances, two liquor license applications, one event permit:  The council passed sign variances for Rexel at 135 Distribution Drive and for a business at 1920 Huntington Road; a retail liquor application for La Bamba Grill at 1006 Oxmoor Road, and Michael’s Steak and Seafood at 1903 29th Avenue South; an event permit for Kick’n Chick’n Wing Fest 2013 in the parking lot behind City Hall at 2950 19th Street South. 

Approved FY 2014 budget in a series of separate fund resolutions: General Fund, Capital Projects Fund, Insurance Fund, Debt Service Fund, 4&5 Cent Gas Tax Fund, 7-cent Gas Tax Fund, E-911 Fund, Court Fund, Jail Fund, Board of Engineering and Zoning Department Technology Fund, Board of Education Trust Fund, General Obligation Construction Fund.

Approved, with one absention, the creation of new Jefferson County Personnel Board Public Service positions:  See introduction, above. 

Abstaining: Mr. Hallman abstained because he opposed the measure, and his name was on the list for one of the positions.

Included was a ~2.5% reduction in city contributions to Retirement Systems of Alabama for participating employees, but a corresponding 2.5% cost of living allowance for all employees mid-year and in November bonuses or longevity pay for full-time employees, drawn from the year-end surplus. Surplus amount not disclosed.

The city also budgeted money to pay for a city-wide wi-fi system in the coming year, beginning with city parks.

Consent agenda–approved in one vote:  The council dropped a request for a cross walk and signals on 18th Street–no cross street given–and approved an already budgeted, $79,000 software maintenance contract for police dispatch with the company New World.

Referred the following eight items to committees, as follows: To Finance – Request to revise, with increased fee for geotechnical services, a contract with Goodwin, Mills and Cawood Inc. for the Lakeshore Greenway extension, Phase II and Phase III; and a request for end-of-year adjustments to FY2013 budget. To Public Safety – Request for a WalMart/Wildwood traffic study (sent simultaneously to Finance); request to review the Homewood “APPLE” Traffic Study Intersections (?), and a request to look at traffic problems on Clermont Avenue between the 400 and 1400 blocks.

New Business

Set three sign variance public hearings for Oct. 14, 2013, as follows:  For businesses at 2740 Central Avenue, 222 Green Springs Highway (Dollar Tree), and 2712 19th Street South.

Approved payment of invoices for Sept. 16-27, 2013. 

The meeting adjourned at approximately 7:40 p.m.