City Council meeting, Oct. 27, 2014

The newly merged Express Oil and Tire Engineers business wants to revamp this pole sign and really light it up with their co-branded name. The council, which unwittingly let a moratorium on pole signs lapse, coaxed them into carrying over their request tonight then passed a third moratorium later in the meeting.

The council tonight may have approved changes to its investment policy and okayed a $43,635 expense to move a sewer line for a Hollywood sidewalk–but when it comes to a dramatic split over an important issue, nothing beats a sign variance. Sign aesthetics ruled the evening’s discussions, with a tense 5-4 vote called against allowing an extra sign for Open Upright MRI, and a third–yes, third– moratorium on pole signs declared tonight.

UPDATED: Forgot to mention that there is a work session called at 5 p.m., Nov. 17, to hear from an engineering consultant making a pitch to expedite city projects with ALDOT.

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

Members absent:  Fred Hawkins and Walter Jones.

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: Approximately 26.

Approved the Aug. 25, 2014 meeting minutes.

Nightly overflow parking for GianMarco’s and JoJo’s restaurants had become a neighborhood problem and a safety problem when the restaurant opted for valet parking and the city foot the bill for sidewalks, decorative lights and parking spots nearby. Now the traffic is spilling over to South Forest Drive.

Carried over a hearing on South Forest Drive parking: Tonight’s hearing to discuss options for relieving parking congestion for GianMarco’s restaurant was opened with the aim of postponing discussion to next week’s meeting, when Ward 3 councilman Walter Jones returns.  The council recently approved a mayor’s initiative that prohibits parking along Carr Avenue and adds parallel parking places, decorative lights and a sidewalk on short Saulter Road. Parking congestion along Carr and Broadway had reached such a critical point that emergency vehicles couldn’t pass, and the restaurant itself had responded by leasing additional parking space on and hiring a valet service. But the problem persists, and the question now turns on reactions to customers parking on South Forest and hiking across the bridge to the restaurant. Next week’s council meeting will tell.

Carried over a sign variance request to next week: Applicants weren’t ready to make their case for a more signage at 185 Oxmoor Road (humane society).

Approved a sign variance for car repair shop: Linda Brantley is converting a garage with three overhead doors at 2790 B.M. Montgomery Street to an Arts & Antiques shop. The council approved two building signs that exceeded the square footage allowed by code.

Approved a sign variance for a UPS store: The UPS store moving from Wildwood to the Publix Shopping Center, 429 Green Springs Highway, was allowed to bring its lighted Lakeshore sign, although it exceeds the limits set on the Green Springs sign district.

NO! The requested variance to allow this secondary sign for a building tenant was turned down 5-4.

Denied 5-4 a sign variance for a U.S. 31 medical building:  The council was torn whether to allow Open Upright MRI, a tenant of a NeuroRecovery LLC building at 3105 U.S. 31, to have a secondary sign on the building facing south, in addition to a monument sign. The monument sign did not exceed code. Nearly everyone asked the sign contractor questions. In the end, a roll call vote revealed a split against allowing the additional sign.

Voting in favor of the variance: Michael Hallman, Peter Wright, Richard Laws, and Bruce Limbaugh.

Approved a “Hold Harmless” agreement with Moretti apartments: The council allowed the mayor to sign an agreement with apartment owners TDG Homewood, LLC to protect the city against any future claims associated with the development at 101 Moretti Circle. What prompted this action was not made public.

This Google map view shows the Tire Engineer’s sign dilemma–no space for a council-preferred monument sign that is visible over the adjacent building. The business will consider placing a monument sign on the north end of the property (to the left).

Carried over a contentious sign variance request: Applicants for the newly rebranded Tire Engineers at 215 Green Springs Highway, part of a chain purchased by Express Oil Change in February, made it very clear in committee last week that they wanted either a variance to replace the current “double” pole sign with a snazzy new lighted one, or they would simply “re-face” both signs, which would sidestep the requirement to obtain a variance. Committee members, mistakenly thinking the moratorium on pole signs was still in effect, took a tough stand on the issue, asking Tire Engineers to be good sports and so on, and find a place to put a council-preferred monument sign instead. Tonight, the applicants stood their ground, pointing out that there was no room for a monument sign and only a pole sign would be visible over the title pawn business’s building. Mr. Limbaugh asked if they would return next week after considering other locations on their property for a visible monument sign, a suggestion they finally took–even as Mr. Wright clarified that the city’s pole sign moratorium had indeed expired some months ago. Mr. Thames noted that he particularly disliked the proposal to make the sign super-illuminated. The applicants will return next week.

Approved changes to the city’s investment policy: The changes approved tonight and proposed by a Raymond James financial advisor weren’t discussed, however a city finance employee said the policy reiterated which conservative investments state law allowed municipalities and the level of returns, with added specifics such as staggered maturity dates. More detail will be forthcoming. 

Declared city vehicles surplus, ok to auction and trade: A Sanitation Department refuse truck will be traded on the purchase of two new refuse trucks; a Street Department aerial boom and platform truck will be auctioned.

Approved extra money for a Hollywood sidewalk: The council approved an additional $4,800 expense for a sidewalk on Rumson Road as well as a $43,635 expense to replace and relocate a clay-pipe sewer line as required by Jefferson County’s sewer department, to complete the project. Mr. Limbaugh said the sidewalk, which is on a hill and crosses a traffic “blind spot” was of utmost importance for safety of walkers, particularly children.

Approved a service agreement for employee flexible spending health plan: The mayor was authorized to sign an agreement with TASC (formerly Chappelle Benefit Elect) to administer the city employee’s cafeteria and medical flexible spending plan. Administrative fees are passed along to employees.

Approved an additional stop sign at Frisco Street and Mecca Avenue: Passed on the first reading, this measure adds a third stop sign to the intersection.

The Islamic Academy attempted must remove unsuitable fill dirt and repair damage done to ALDOT’s right-of-way when it attempted to build an unauthorized parking lot.

Set a Dec. 1, 2014, hearing for the Islamic Academy rezoning, street vacation: Click here for background on this case.

Awarded a bid for culvert repair: The low bidder of three to repair a culvert at 1717 Central Avenue was Norris Paving, with a bid of $137,320.

Abstaining: Mr. Hallman abstained, saying he was working on a project with Norris Paving.

COMMITTEE REFERRAL AGENDA

In a single vote the referral agenda allows the council to send multiple issues to committees for deliberation:

To Finance -To consider 1) Traffic and pedestrian concerns at the traffic circle at All Saints Episcopal Church, 2) Renewing a 3-year garbage collection contract with Republic Services; and 3) Amending the FY2015 budget to reflect fire department Life Saver grants and related expenditures.

To Public Safety -To consider 1) Supporting an application by Jim ‘N Nicks at 220 Oxmoor Road for a state retail beer license; 2) Supporting an application by Lian Hua Asian Supermarket at Green Spring Highway for a retail table wine on- or off-premise sales; and 3) Support of a “160-Special Retail” alcohol license application for Morrison Management Specialist (Brookwood Hospital) at 2010 Brookwood Medical Center Drive.

To Special Issues – To consider allowing construction of a parking pad in city right-of-way at 2210 St. Charles Street.

Authorized the mayor to reconsider a $1.3 million loan for fleet vehicles: The mayor was authorized at the last meeting to enter into a loan for $900,000 in police vehicles, $350,000 for garbage trucks, and $190,000 for a bucket truck, already approved in the FY2015 budget.

Imposed a moratorium on pole signs: This third pole sign moratorium was declared for a period not to exceed 180 days, or sooner if the council can enact modifications to the city’s sign ordinance. Council members asked why the moratorium couldn’t be longer, but the city attorney advised that a permanent moratorium was a violation of rights. Following the meeting, Mr. Limbaugh said the council had planned to rewrite the sign ordinance sooner, but found the consultant’s services too expensive. The decision now was to contract with the Regional Planning Commission for those services.

Changed November and December meeting dates: The dates were changed as follows to mesh with school holidays: Nov. 3rd, Nov. 17th, Dec. 1st and Dec. 15th.

Dropped public nuisance proceedings for one property: The property at 104 Ventura Drive has been cleaned up and dropped from the list.

Set a Nov. 17, 2014, public nuisance hearings for two properties:  Properties considered for excessive growth and litter are at 1602 Ridge Road, and 924 Irving Road.

Paid the bills: The council approved payment of invoices for the period Oct. 13-24, 2014.

City Council meeting, Aug. 25, 2014

Newly appointed council member Barry Smith goes over the swearing in procedure with Jefferson County Probate Judge Alan King. City Clerk Linda Cook awaits, zinnias in hand.

No current employees should worry about their jobs, down-sizing, or pay cuts, the mayor told the council tonight in his annual budget presentation. And that was the good news. The bad news was that the budget is a tight one, with no COLA, longevity or annual bonuses for employees unless the year finishes with a surplus. The news got a little worse for past employees when the council later denied by a 9-1 vote an optional lump-sum bonus payment to retirees the state Legislature approved earlier this year. See more, below.

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 $9.7 million in community center expenses completed, the mayor’s overall $55,733,622 budget this year compares nearly identically to one presented last year at $63,832,344, and in which the $40,778,205 proposed General Fund spending is only slightly ahead of the $40,020,937 presented for FY 2014. The Finance Committee now has the month of September to review and amend the budget before the full council votes on the final version. The budget year begins Oct. 1.

With the budget review looming, the council took time tonight to welcome newly appointed member Barry Smith (who was appointed to the Public Safety, Special Issues and Planning & Development committees, but was excused from the Finance Committee).

Members present: Michael Hallman, Britt Thames, Fred Hawkins, Vance Moody, Patrick McClusky, Walter Jones, Barry Smith, Heather Reid, Richard Laws, and Peter Wright. Also present was mayor Scott McBrayer.

Members absent: Council president Bruce Limbaugh.

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

Audience attendance: About 30.

Approved minutes of June 23, 2014.

Appointed an Industrial Development Board member: Jon Berkery was appointed to an at-large seat on the board.

Mayor’s school revenue budgets compared by year.

Heard the mayor’s annual budget presentation: The overview, posted on the city’s website, includes an estimated $15,146,910 for the school system, compared to $15,424,656 presented last August, in the current budget. The schools would receive $7,932,000 from dedicated sales tax and $7,214,910 from property tax, according to the estimate.

Passed the following measures in a single, “consent” vote:  Dropped a request for a pedestrian cross walk across Shades Creek Parkway following a funding denial by ALDOT; and dropped considering a traffic issue on Valley View Circle, which was resolved by prohibiting parking on both sides of the street.

Approved adding parking, lighting and sidewalks on “short” Saulter: This measure, costing $31,000 total, is meant to relieve parking congestion on Carr Avenue from GianMarco’s restaurant.

Postponed public nuisance proceeding against two properties: At the request of friends helping a homeowner clear overgrown conditions at 2831 and 2827 16th Pl. South, the council granted an extension to Sept. 22.

Sent a stop-sign request for Roseland Drive back to committee:  A traffic study didn’t warrant a 4-way stop at Roseland and East Glenwood Drive, but Mr. Thames seemed set to recommend it when it was decided to kick the matter back to the Public Safety Committee.

Approved a retail liquor license application: The council had no objection to Oak hill Bar & Grill’s state ABC Board application.

Approved hiring an investment consultant: After hearing several sales pitches, the council agreed to hire Raymond James Financial Advisors, to advise on city investments. Contract amount not discussed.

Denied 9-1 a lump-sum bonus to city retirees:  After an austere introduction to the budgeting process, words of caution from the mayor, and despite expectant retirees present in the audience, the council with just one dissension opted not to grant the payment. The bonus for 171 Homewood retirees and beneficiaries of deceased retirees vested in the Retirement System of Alabama would have amounted to $107,656 — a sum the council didn’t think it could afford. Interestingly, Homewood is a stand-out compared to other Jefferson County cities, both in terms of its high numbers of retirees and its record of denying bonuses. This information sheet shows Homewood ranking second in 21 Jefferson County municipalities, second only to Bessemer. Its estimated lump sum payout (based on $2 per every month worked) averaged about $600 per retiree.

Voting yes: Fred Hawkins voted yes, saying he was persuaded by the number of years the city had voted down a bonus (see link, above)–which is meant to help retirees keep pace with inflation. Homewood had voted yes to only three of the past 11 years that increases were allowed, compared to, say, Hoover, which voted yes in seven.

Approved vacating an alley to sell:  After granting unanimous consent for an immediate vote, the council voted to surrender possession of an alley off of Kensington Road and authorized  the city attorney to negotiate a sale price to an adjacent homeowner.

Approved more than two dozen general fund transfers: The transfers move money from various funds into various other funds to meet financial needs.

Approved a cell phone contract: The mayor was authorized to sign a contract with Verizon for an unspecified number of lines and cell phones, amounting to $18,000 for the next year.

The latest concept of parking and street improvements planned alongside Patriot Park and a small mostly-vacant strip retail building on Oak Grove Road. Most of the marked park-side spaces already exist. An engineering plan previously proposed by Walter Schoel was dropped because it was too broad in scope–and expensive.

Approved an engineering contract for work related to the first phase of the West Homewood (Village) redevelopment:  A contract with Engineering Design Technologies, Inc. was approved for professional consulting and design engineering services prior to construction. Later in the meeting, it was mentioned that a buyer may be interested in the city-owned property on Oxmoor Road at Oak Grove Road.

Abstaining: Mr. Hallman due to familiarity with company principals.

Moved the following items to committees, as follows:

To Planning and Development – Set a Sept. 22 hearing after the favorable Planning Commission recommendation to rezone vacant property  at 1728 – 26th Avenue South from R-7 (Attached Dwelling Unit District) to C-2 (Neighborhood Shopping District) by Larry Mantooth; and to consider the Planning Commission’s 6-1 favorable recommendation to amend the Final Development Plan in the MXD Zoning District at 1659 – 28th Avenue South to add a second story and other changes to a structure, by owner Abby Brock.

To Public Safety – To consider an off-premises beer license for Shell station at 2908 U.S 31; and add a two-way stop sign at Grace Street and Gainswood Road, and a third stop sign on Mecca Avenue at Frisco Street.

Who killed this oak tree? Not I, said the city. But residents at 204 Broadway want the body removed, claiming the city’s sidewalk installation damaged the trees root system.

To Finance – To consider declaring six police cruisers surplus in order to sell at auction; and to pay for a tree removal at 204 Broadway on resident’s claim that a city sidewalk installation damaged tree’s root system; to review the mayor’s budget and set a public hearing schedule for September.

To Special Issues – To consider variances to sign ordinance at 3054 U.S. 31 and a Chinese restaurant at 24 Green Springs Highway.

New business

Set Sept. 8 public hearings for the following:  For the recommended rezoning of vacant land at 1728 – 26th Avenue South from R-7 (Attached Unit Dwelling District) to C-2 (Neighborhood Shopping District) and the 6-1 vote to amend the Final Development Plan in the MXD zoning district for a building planned at 1659 – 28th Avenue South. And for For sign variances at 3054 U.S. 31 and 24 Green Springs Highway; for a public nuisance hearing for property at 708 Carr Avenue.

Made new committee assignments: Ms. Reid was assigned to Finance and removed from Special Issues and Planning and Development committees. Ms. Smith took the Public Safety, Special Issues and Planning and Development committee assignments as well as taking over as liaison to the Arts Advisory Council.

Approved filing a nuisance structure abatement lawsuit: This action is to remove or repair a structure at  1106 Irving Road, whose grounds have repeatedly been cited as a public nuisance for weeds and litter.

Paid the bills: Bills for Aug. 11- 22, 2014 were approved to be paid.

The meeting adjourned at just past 7:30 p.m.