M I N U T E S
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF HOMEWOOD, ALABAMA
February 8, 2010
The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, February 8, 2010 at City Hall at 6:00 p.m. The invocation was given by Council Member Walter Jones, after which the pledge of allegiance to the flag was given.
The meeting was called to order by the President Pro Tempore, Allyn Elizabeth Holladay. Upon roll call, the following were present: Anthony Smith, Vance Moody, Walter Jones, Hunter Payne, David Hooks, Jackie Langlow, Allan Trippe and Allyn Elizabeth Holladay. Absent: Sam Scott, Patrick McClusky and Jeff Underwood. (Note: Mr. Scott was not present at roll call, but arrived later in the meeting – See Page 9 of these minutes for his arrival.) Also present were: Mike Kendrick, City Attorney, and Linda Cook, City Clerk.
Ms. Holladay stated that Mr. McClusky had reported that he would not be in attendance tonight.
Mrs. Langlow moved to dispense with the reading of the Minutes of the January 11, 2010 meeting and approve them as distributed. Mr. Smith seconded the motion. There being no additions or deletions, the Minutes were approved without dissent.
Mr. Hooks stated that on behalf of the Mayor who was unable to be present tonight, he would like to read a Proclamation in recognition of the Christmas Tree Recycling Project and those individuals who made it a success. Mr. Hooks asked all of those individuals who were involved to stand as he read the following Proclamation:
PROCLAMATION
WHEREAS, the City of Homewood recognizes the importance of our residents devoting personal time to voluntary service to our community; and
WHEREAS, the City of Homewood recognizes that the character development of our youth is the foundation that will continue to improve the quality of life for our City; and
WHEREAS, it is fitting and proper to publicly recognize the following organizations for their participation in the 2009 Christmas Recycling Project:
Cub Scout Pack 95, Pack Leader Tim Bledsoe.
The Homewood High School Environmental Club, Rebecca McDaniel,
President, and teacher, Melonie McBrayer.
The Homewood Environmental Commission, particularly
Commissioners Lloyd Malone, Henry Hughes and Michelle Blackwood.
City of Homewood Street and Sanitation.
City of Homewood Park and Landscape Department.
WHEREAS, it is with great pride that we recognize the environmental and financial success of the 2009 Christmas Tree Recycling Project. 700 trees were recycled, equating to 200 cubic yards saved from the landfill at a savings of $750.00. Once mulched by the Street and Sanitation Department, these trees saved the Landscaping Department $750.00 which equates to savings of $1500.00 for the City of Homewood this year; and
NOW THEREFORE, I, Scott McBrayer, Mayor of the City of Homewood, along with the Homewood City Council, do hereby proclaim, the entire City of Homewood’s appreciation and gratitude to Cub Scout Pack 95, the Homewood High School Environmental Club, the Homewood Environmental Commission, the City of Homewood Street and Sanitation Department, the City of Homewood Park and Landscape Department and wish them well in future endeavors.
In Witness Thereof, I have set my hand and
Caused the Great Seal of the City of
Homewood to be affixed this the 4th day of
February, 2010.
Scott McBrayer, Mayor
ATTEST:
Linda J. Cook, City Clerk
The Council congratulated all of the organizations and individuals who participated in the 2009 Christmas Tree Recycling Project on their achievement.
Ms. Holladay asked if there were requests to amend tonight’s agenda. The requests were as follows:
New Business: Item No. 15.05.10 – Request to consider two Stop Signs on Drake, one at Oxmoor Road and one at Courtney. (Hunter Payne) (This item was added to the Committee Referral Agenda and referred to the Public Safety Committee)
Ms. Holladay stated that without objection from the Council, the aforementioned item would be added to the agenda.
Ms. Holladay stated that at this time she would like to consider the Consent Agenda. Ms. Holladay asked if there was any objection to the Consent Agenda as presented:
*CONSENT AGENDA
08.04.10 Request to consider owner furnished items for Fire Station 1 – Public Works Committee - Action Taken: The Public Works Committee on 02/01/10 recommended dropping this item.
There being no objections to the Committee’s recommendation on the Consent Agenda item, Mr. Jones moved to approve the Consent Agenda. Mrs. Langlow seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Consent Agenda was approved without dissent.
The first item to be considered was under Other New Business, Item No. 12.05.10 – Request for consideration of a re-appointment of council representative to the Homewood Planning Commission to fill the vacated position of Jeff Underwood for the duration of the council term ending October 2012.
Mrs. Langlow stated that she would recommend nominating Council Member Vance Moody as the council representative to the Homewood Planning Commission to fill the vacated position of Jeff Underwood for the duration of the council term ending October 2012 and that would be her motion.
Mr. Hooks immediately moved to close the nominations. Mr. Payne seconded the motion.
On a voice vote, the motion to close the nominations carried without dissent.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 10-30
(A Resolution appointing Council Member Vance Moody as the City’s representative to the Homewood Planning Commission pursuant to the Code of Alabama)
Mrs. Langlow moved for the adoption and enrollment of Resolution No. 10-30 appointing Council Member Vance Moody as the City’s representative to the Homewood Planning Commission to fill the vacated position of Jeff Underwood for the duration of the council term ending October 2012. Mr. Payne seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent. Mr. Moody abstained.
The first item of business on the agenda under Old Business was the request to the Planning Commission to consider rezoning certain parcels of property in Rosedale from R-7 to NPD.
Ms. Holladay stated that it was her understanding that this matter had been handled.
Mrs. Langlow then moved to drop the aforesaid request to the Planning Commission to consider rezoning certain parcels of property in Rosedale from R-7 to NPD.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item of business under Old Business was the request for consideration of Speed Reduction Measures on Roseland Drive generally between Ridge Road and Broadway (Public Hearing held on January 11, 2010) (First reading at the January 11, 2010 council meeting).
Mr. Kendrick stated that the only change in the ordinance since the first reading was that the date of April 1, 2010 had been filled in based on information from Mr. Jody Chesnut (Traffic Maintenance Department) that this would be the date of installation of the speed humps.
Mr. Roger White (1521 Roseland Drive) addressed the Council. Mr. White stated that he had some new information based on some concerns about the aesthetics of the traffic calming devices. Mr. White further stated that Mr. Mark Gregory of Traffic Logix was able to change the highly reflective yellow tape on the speed cushions to some white reflective tape which allowed the cushions to blend in with the sidewalks and curbs. Mr. White added that the speed cushions were made of black rubber which also allowed them to blend in with the asphalt. Mr. White further added that the signage would be kept down to a minimum by removing some ineffective signs that were on the street now and replacing them with the signs that were required by law.
At this time, Mr. Kendrick presented the following Ordinance for Council’s consideration:
Ordinance No. 2411
(An Ordinance to provide for the installation of speed humps on or along Roseland Drive between 1522 and 1554 Roseland Drive within the city limits in the City of Homewood, Alabama, as per diagram, general description and specifications attached to the Ordinance as Exhibit A, said speed humps to be installed on or before April 1, 2010)
Mrs. Langlow moved for the adoption, enrollment and publication of Ordinance No. 2411 as provided by law. Mr. Hooks seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mr. Jones stated that he was hopeful that at some point the council could look at doing a comprehensive traffic plan because he felt like this would cause additional requests for speed cushions on other streets and having a plan would help in making recommendations on where they would be installed.
Upon roll call, the votes were Ayes: Moody, Jones, Payne, Hooks, Langlow, Trippe and Holladay. Nays: None. Abstentions: Smith. The motion carried by a vote of 7 to 0, with 1 abstention.
The Ordinance was adopted, and the City Clerk was directed to publish the Ordinance by posting said Ordinance according to law.
Mr. Trippe stated that the Finance Committee had made a recommendation on funding the aforesaid speed humps. Mr. Trippe further stated that the Finance Committee met and voted 3 – 2 to recommend appropriating up to $8,000.00 from the Capital Projects Fund for the purchase of two speed cushion units from Traffic Logix as recommended by Mr. Jody Chesnut (Traffic Maintenance Department) to be used on the designated area on Roseland Drive as a test case.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-31
(A resolution appropriating up to the sum of $8,000.00 to be paid from the Capital Projects Fund to be used to purchase and install two rubberized speed cushion units from Traffic Logix)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-31.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent. Mr. Smith abstained.
The next item under Old Business was the request for consideration of bid results for Request for Proposals (RFPs) for management of Rosewood Hall (Previously the request to consider management of Rosewood Hall) (Bid Opening held January 18, 2010 at 6:00 p.m.).
Mr. Trippe stated that the Finance Committee met and voted 4 – 0 to recommend rejecting the proposal by Imperial Catering as a late proposal and without any contract provisions or clarification included in the proposal, and further recommended on a 4 – 0 vote to accept the proposal by Michael’s contingent on Mayor McBrayer and the City Attorney negotiating a contract to include clarification regarding the $50.00 fee, option of a percentage of liquor sales and clarification of the city’s percentage of revenue.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-32
(A resolution rejecting the proposal of Imperial Catering for the management of Rosewood Hall in that the proposal was not timely received and was without any contract provisions or clarification included in the proposal and accepting the proposal of Michael’s as the most responsive and responsible proposal subject to clarification of certain points dealing with fees, option of a percentage of liquor sales and clarification of the City’s percentage of revenues, all of which are to be negotiated to the satisfaction of the Mayor and the City Attorney)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-32.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation.
Mr. Hooks asked if the council would see the finalized contract as negotiated before it was signed off on.
Mr. Trippe stated that this was his understanding. Mr. Trippe asked that the contract be sent back to the council once it was in final form.
On a voice vote, the motion carried without dissent. Mr. Smith abstained.
The next item of business under Old Business was the request for consideration of additional signage at SOHO.
Ms. Holladay stated that Mr. Hooks would give the reports tonight on items coming out of the Special Issues Committee.
Mr. Hooks stated that the Special Issues Committee met and voted 4 – 0 to recommend a comprehensive plan for signage at SoHo Plaza and those recommendations would be presented separately with separate resolutions. Mr. Hooks further stated that the Special Issues Committee on a 4 – 0 vote recommended the signage as presented by Mr. Scott Bryant (representing the SoHo Square Merchants Association) with exception of signs on light poles for permanent variances, with Mr. Greg Cobb/ Engineering Department working with Mr. Scott Bryant to ensure compliance of rules and permitting, to include painted signage in the stairwell “Stair to Plaza” with a list of “SoHo Shops” signage at the south end of the underground parking deck and painted signage on the elevator “To Plaza Elevator” on the front and back of the elevator with a list of “SoHo Shops” signage beside the elevator doors in the underground parking deck, and signage above the two entrances to the underground parking deck “Public Parking.”
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-33
(A resolution authorizing the SoHo Square Merchants Association to install additional signage at SoHo Plaza as reflected in Exhibit A as attached to the Resolution, the additional signage to include: Painted signage in the stairwell “Stair to Plaza” with a list of “SoHo Shops” signage at the south end of the underground parking deck and painted signage on the elevator “To Plaza Elevator” on the front and back of the elevator with a list of “SoHo Shops” signage beside the elevator doors in the underground parking deck, and signage above the two entrances to the underground parking deck “Public Parking” and directing Mr. Scott Bryant on behalf of SoHo Square Merchants Association to work with Greg Cobb of the Engineering Department to ensure all compliance of rules and permitting requirements of the Sign Ordinance)
Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-33.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that the aforesaid item would be referred to the Finance Committee due to questions about the agreement on cost sharing for the parking signs, etc.
Mr. Hooks stated that the Special Issues Committee met and also voted 4 – 0 to recommend proposed banner signs on external light poles for one year as a pilot program, then evaluate the response to the signage at the end of that period.
Mr. Smith stated that he had no objection to the banner signs themselves, but he did have concerns with the placement of them on the exterior of the SoHo Plaza, primarily because they would not blend in with the rest of the downtown merchants who did not have the benefit of these additional signs.
Mr. Smith then moved to amend the Committee’s recommendation to require the signs be placed on the interior light posts instead of the exterior light posts.
Mr. Hooks stated that the committee had taken that under advisement and it was actually the reason for doing this as a test period to give an evaluation as to the advantages or disadvantages of having pole signage in the downtown area. Mr. Hooks further stated that on behalf of the committee, he would not accept that amendment.
Ms. Holladay asked if there was a second to Mr. Smith’s motion to amend the Committee’s recommendation. There was no response from the Council.
Mr. Smith’s motion to amend the Committee’s recommendation failed for lack of a second.
Mr. Hooks, at this point, moved to call the question on the Committee’s original recommendation. Mrs. Langlow seconded the motion. The motion to call the question passed.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-34
(A resolution authorizing the SoHo Square Merchants Association to install signage banners on the decorative lamp poles on the surface area around SoHo Square as reflected in Exhibit A as attached to the Resolution for a period of one year as a pilot plan and then to evaluate the response to the signage at the end of that period)
Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-34 authorizing the SoHo Square Merchants Association to install signage banners on the decorative lamp poles on the surface area around SoHo Square for a period of one year as a pilot plan and then to evaluate the response to the signage at the end of that period.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried by a vote of 7 to 1. Mr. Smith voted No.
The next item under Old Business was the request for consideration to unfreeze funding in the Capital Projects Fund 2009/2010 Budget for purchase of city vehicles.
Mr. Trippe stated that the Finance Committee met and discussed funding for the aforesaid city vehicles and also discussed funding for non-vehicle Capital expenditures. Mr. Trippe further stated that since the committee meeting, he had been contacted by Mr. Bischoff on behalf of the Mayor to hold over the request for non-vehicle Capital on the council agenda for the Mayor to distribute a department by department list. Mr. Trippe added that the Finance Committee was ready to make a recommendation on the vehicle part of the Capital Budget and that recommendation was to appropriate (1) $251,000.00 for the Police Department for either the lease or purchase of 22 vehicles, (2) $310,000.00 for the Street Department for two garbage trucks and a leaf truck, and (3) $73,000.00 for the Park and Recreation Board for four vehicles, all being light trucks.
Mr. Smith stated that as he recalled, the Finance Committee’s recommendation was simply to send out some of those items for RFP’s and there was not a formal recommendation to fund them at this point.
Mr. Scott entered the Council Chambers at this point (6:30 p.m.).
Mr. Hooks stated that his understanding was that the recommendation was to vote out the approval of the projects without authorizing a specific funding source and discussed specifically that there were cheaper options to financing the police cars than the lease.
Mr. Trippe stated that the police vehicles were on the State Bid List and there was some discussion about whether a better price could be obtained through RFP’s. Mr. Trippe further stated that based on his understanding from the State Revenue Department that if the vehicles were on the State Bid List, no other vendor could bid lower than that, so in his opinion there would be no advantage to bidding it.
Mr. Smith stated that he had raised the question as to whether there was an obligation to use the State Bid List or not and whether that restriction would apply to the city. Mr. Smith further stated that the City Attorney had confirmed that the State Bid List was merely a convenience that the city could use if it chose not to do its own RFP’s, so in his opinion, the State’s restriction on whether a vendor could bid a lower price would not apply to the city.
Mr. Kendrick stated that on any lease where more than $15,000.00 was expended over the life of the lease or any purchase more than $15,000.00 had to be bid or it could be bought off the State Bid List if it applied to municipalities. Mr. Kendrick further stated that it was the city’s option whether to use the State Bid List or not.
Mr. Hooks asked if it were possible to go out for bids and if the bids did not come in below the State Bid List, reject bids and then buy off the bid list.
Mr. Kendrick stated that if the city was still eligible to buy the vehicles through the State Bid List, the city could buy them at any time as far as he understood.
Mr. Trippe stated that he concurred with Mr. Smith, the recommendation was to set bid dates, and for the Mayor to continue looking at financing options for the police cars.
Mr. Trippe recommended setting the bid opening dates on the vehicles as follows: March 22, 2010 at 5:30 p.m. for the Park and Recreation Board for four vehicles; March 22, 2010 at 6:00 p.m. for the Street and Sanitation Department for two garbage trucks and a leaf truck; and March 22, 2010 at 6:30 p.m. for the Police Department for the lease/purchase of 22 vehicles.
Mr. Trippe stated that considering that everything had been changed and in light of the Mayor’s request and the setting of bid dates on all the vehicles, he would recommend sending the entire item back to the Finance Committee.
Ms. Holladay stated that without objection from the Council, the bid dates would be set as recommended on the vehicles and the item would be referred back to the Finance Committee. There was no objection from the Council.
Ms. Holladay stated that she would like to consider as the next order of business Item No. 32.04.10 – Request to consider the American Diabetes Association’s request to utilize the Lakeshore Trail during the Annual Step-Out Walk to Fight Diabetes on September 25, 2010.
Mr. Hooks stated that the Special Issues Committee met and voted 4 – 0 to recommend granting the use of the Greenway Trail during the Annual Step-Out Walk to Fight Diabetes on September 25, 2010, in conjunction with Samford University and to further recommend sign variances with a number limit of six (6) signs.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-35
(A resolution authorizing the use of the Lakeshore Trail by the American Diabetes Association for its Annual Step-Out Walk to Fight Diabetes on September 25, 2010, and granting to the American Diabetes Association a variance to the Sign Ordinance to allow no more than six signs to be located on the Lakeshore Trail on September 25, 2010)
Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-35 authorizing the use of the Lakeshore Trail by the American Diabetes Association for its Annual Step-Out Walk to Fight Diabetes on September 25, 2010, and granting to the American Diabetes Association a variance to the Sign Ordinance to allow no more than six signs to be located on the Lakeshore Trail on September 25, 2010.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. 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 the request for consideration of hours of operation of the motor court on the City Hall Plaza.
Mr. Hooks stated that the Special Issues Committee met and voted 4 – 0 to recommend re-opening the motor court on the City Hall Plaza from seven days a week beginning at 11:00 a.m. until 11:00 p.m. and further recommended authorizing central valet parking service at the center front of the City Hall Plaza on 19th Street South with the City named as an additional insured by the selected valet service business and that such business acquire all necessary permits and licenses from the City.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-36
(A resolution authorizing the opening and use of the motor court at City Hall Plaza to be open from 11:00 a.m. to 11:00 p.m. on each day of the week and the usage of the motor court shall be coordinated and not interfere with events to be held at Rosewood Hall and further authorizing central valet parking services at the center front of City Hall Plaza on 19th Street South upon the condition that the City be named as an additional insured by the selected valet service business and that such business acquire all necessary permits and licenses from the City)
Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-36.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried by a vote of 8 to 1. Mr. Smith voted No.
The next item under Old Business was the request for consideration of presentation from Alabama Department of Transportation (ALDOT) regarding the Highway 280 Project.
Mrs. Langlow stated that the Planning and Development Committee met and voted 4 – 0 to recommend sending letters to ALDOT and the Regional Planning Commission of Greater Birmingham as requested with possible revised language to be determined by Ms. Eva Dillard and Ms. Angela Comfort (Homewood residents) and further recommended that after preparation of the letters that the entire council should sign showing support of the requests. Mrs. Langlow further stated that the council had received the letter and she had not received any substantial changes. Mrs. Langlow added that if everyone signed the letter it could be sent out and she would keep the council posted as to any other positions or ideas that needed to be taken in the future on this issue. Mrs. Langlow asked that this matter be sent back to the Planning and Development Committee where it could be tabled.
Ms. Holladay stated that the aforesaid matter would be referred back to the Planning and Development Committee.
Mrs. Langlow left the meeting at this point (6:46 p.m.).
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend accepting the proposal from the Chamber of Commerce for spending the 2009/2010 allocation of $40,000.00 and to incorporate the spending plan as part of the Chamber of Commerce contract and to further recommend billing on a quarterly basis by the Chamber of Commerce.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-37
(A resolution appropriating the sum of $40,000.00 to be used to compensate the Chamber of Commerce to implement the Chamber’s plan for spending 2009/2010 and authorizing the Mayor to execute a contract with the Chamber of Commerce for services and recommending that the billing for the services to be rendered by the Chamber to the city be on a quarterly basis by the Chamber of Commerce)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-37.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Hooks stated that the Special Issues Committee met and voted 3 – 1 to recommend granting a multiple and area sign variances to be located 124 Greensprings Highway/ Office Depot as requested by Mr. Wes Daniel/ Daniel Signs and presented in Exhibit “A”.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 10-38
(A resolution granting to Office Depot two [2] additional signs and an area sign variance to the Sign Ordinance for Office Depot at 124 Greensprings Highway as depicted in Exhibit A as attached to the Resolution)
Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-38.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried by a vote of 7 to 2. Mr. Moody and Ms. Holladay voted No.
The next item under Old Business was the request to transfer funds to pay consultants on the sidewalk projects.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend appropriating (1) $5,720.00 for the Safe Route to Schools from Line Item No. 12-11-5-817.45/Safe Routes to Schools Project, and (2) $9,316.00 for the Broadway Sidewalk Project from Line Item No. 12-11-5-817.50/Broadway Sidewalk as presented by Mr. Greg Cobb/ Engineering Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-39
(A resolution appropriating the sum of $5,720.00 to be paid from Line Item No. 12-11-5-817.45/Safe Routes to School Project and the sum of $9,316.00 from Line Item No. 12-11-5-817.50/ Broadway Sidewalk Project to be paid from the Capital Projects Fund)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-39.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Smith stated that the Public Safety Committee met and voted unanimously to recommend, and he moved, that the Council go on record as having no objections to the issuance of a 050 – Retail Beer (Off Premises Only) and a 070 – Retail Table Wine (Off Premises Only) license for Green Springs Enterprises, LLC, d/b/a Sunny Fuels 19 at 820 Greensprings Highway.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend approving 10 hours at the UAB tuition rate for Sgt. Wade Green/ Police Department as recommended by Chief Phil Dodd/ Police Department.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-40
(A resolution authorizing tuition reimbursement to be paid to Sgt. Wade Green/ Police Department/ 10 hours at the UAB tuition hourly rate/ to be paid from Line Item No. 01-11-5-105.30/ Tuition Reimbursement General Fund 2009/2010)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-40.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend an emergency expenditure in the amount of $2,500.00 for a new bay door/ Fleet Maintenance Department from the Capital Projects Fund as recommended by Mayor McBrayer.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-41
(A resolution appropriating the sum of $2,500.00 to be paid from the Capital Reserve Account to be used to make repairs to the bay door/ Fleet Maintenance Department)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-41.
Ms. Holladay asked if the Council had any questions or comments regarding the Committee’s recommendation. 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 the request for consideration to declare an emergency expenditure in the amount of $1,200.00 to upgrade the switches that operate the 911 system from the Capital Projects Fund/ IT Department Line Item No. 12-27-583002.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend an emergency expenditure in the amount of $1,200.00 to upgrade the switches that operate the 911 system from the E-911 Fund instead of the Capital Projects Fund.
Mr. Bischoff stated that he had received information that this expenditure would not qualify to be paid from the E-911 Fund.
Mr. Trippe stated that based on that information from Mr. Bischoff, the Committee’s recommendation would need to be amended to fund the expenditure out of the Capital Projects Fund and that would be his motion.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-42
(A resolution appropriating the sum of $1,200.00 to be paid from the Capital Projects Fund to be used to replace switches necessary to operate the 911 System)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-42. Mr. Smith seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item of business under Old Business was the request to make improvements to a public alley adjoining 512 Edgeland Place.
Mr. Moody stated that Big Sky Builders, LLC was requesting permission for removal of a tree and to grade and gravel the alleyway adjoining 512 Edgeland Place. Mr. Moody further stated that the Public Works Committee met and voted 4 – 0 to recommend execution of (1) Indemnification Agreement, (2) temporary construction easement, and (3) replacement of the tree with equal or larger tree size. Mr. Moody added that Mr. Smith had requested that the record reflect that since the City was not doing the improvements, that the City would not be responsible for upkeep of said improvements.
Ms. Holladay, at this point, recognized Mr. Fred Elrod (500 Edgeland Place).
Mr. Fred Elrod (500 Edgeland Place) addressed the Council. Mr. Elrod introduced Ms. Margaret White (615 Wena Avenue) who had accompanied him to the meeting. Mr. Elrod stated the subject alleyway ran behind his house and in between Ms. White’s house. Mr. Elrod further stated that they were opposed to this because the requested changes to the alleyway would put a road over the top of some main water/sewer lines and cars riding up and down that area would place a lot of pressure on those lines. Mr. Elrod added that speaking on behalf of Ms. White, it would also create a driveway that would give vehicle access to her back yard, creating an unsafe situation. Mr. Elrod further added that he did not feel like they should bear the burden of plumbing repairs because someone wanted a private driveway put down a public alleyway.
Ms. Holladay asked if this was currently an alley or was it a paper alley.
Mr. Moody stated that it was currently a paper alley and in fact it was overgrown. Mr. Moody further stated that given that the above information from Mr. Elrod was not available to the committee prior to the vote, he would recommend without objection that it be referred back to the Public Works Committee.
Mr. Trippe asked if this was private sewer line or was it part of the county public sewer lines that was in the alleyway.
Mr. Fred Elrod again addressed the Council. Mr. Elrod stated that the path that was intended for pavement would go over a main sewer outlet, and although he was not certain who owned it, the feeder lines from the houses went into that main line. Mr. Elrod further stated that he had paid out of pocket in the past when the pipe broke right at the main.
Mr. Trippe stated that he had no objection to referring it to committee, but would ask the applicant to come to the committee meeting prepared to answer questions about where this was going to be in relation to his feeder line versus the trunk line.
Ms. Holladay stated that without objection, the aforesaid matter would be referred to the Public Works Committee.
Mr. Hooks stated that the Special Issues Committee met and voted 4 – 0 to recommend granting permission to use the City Hall plaza to celebrate St. Patrick’s Day on Wednesday, March 17, 2010, based on the same requirements and with Mr. Wesley Calhoun (SoHo Merchants Association) being at the council meeting on Monday, February 8, 2010.
Mr. Kendrick stated that the following were the conditions that would apply to this authorization as stated in the resolution, which were the same as last year’s event: (a) That no alcohol will be served on City property; That the music will begin no sooner than 4:00 p.m. and end no later than 9:00 p.m.; [c] That the Plaza will be chained prior to the event; and [d] That all Fire Code requirements be followed to ensure emergency access for the Fire Department during the event.
Ms. Holladay asked Mr. Wesley Calhoun, who was present in the audience, if he would address the council regarding his agreement or disagreement to the terms as stated.
Mr. Wesley Calhoun (representing SoHo Merchants Association) addressed the Council. Mr. Calhoun stated that the terms were correct, except that the music stopped at last year’s event at 10:00 p.m. instead of 9:00 p.m.
Ms. Holladay stated that she would feel more comfortable if the resolution was amended to read 10:00 p.m., provided the council had no objection to the music stopping at 10:00 p.m. rather than 9:00 p.m.
Mr. Hooks, at this point, moved to amend the resolution to state that the music would end no later than 10:00 p.m. Mr. Moody seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-43
(A resolution authorizing the use of the City Hall Plaza to celebrate St. Patrick’s Day on March 17, 2010, under the following conditions: [a] That no alcohol will be served on City property; That the music will begin no sooner than 4:00 p.m. and end no later than 10:00 p.m.; [c] That the Plaza will be chained prior to the event; and [d] That all Fire Code requirements be followed to ensure emergency access for the Fire Department during the event)
Mr. Hooks moved for the adoption and enrollment of Resolution No. 10-43 as amended. Mr. Moody seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item under Old Business was the request to consider funding to repair sidewalks and other improvements around SoHo.
Mr. Trippe stated that the Finance Committee met and voted 5 – 0 to recommend funding for repairs to the crosswalk/driveway and sidewalks as presented and recommended by Mr. Lee Garrett (Building Maintenance Department) from the Capital Projects Fund, and on a 4 – 1 vote further recommended funding for repairs to the roof at City Hall as presented and recommended by Mr. Lee Garrett.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that he needed a little more time to get the numbers on the sidewalk repairs and he also wanted to have time to confer with the City Attorney to make sure everything was done as it should be.
Ms. Holladay stated that without objection, the portion of this item related to the sidewalk repairs would be referred back to the Finance Committee.
Mr. Lee Garrett (Building Maintenance Department) addressed the Council. Mr. Garrett stated that he had the numbers on the building repairs portion of the item which was a total of $21,500.00. Mr. Garrett further stated that essentially that cost could be broken down as follows: $12,000.00 to clean all surfaces of the building which included pressure washing and chemical; $2,500.00 to repair all expansion joints in the building by ABG Caulking; $2,000.00 to repair any roofing leaks not covered under warranty by Standard Roofing; $2,000.00 to purchase the waterproofing and sealant to be applied to the top of the stone; and $3,000.00 for lift rental and miscellaneous materials. Mr. Garrett added that he anticipated coming in under that $21,500.00 number, but he was requesting that amount in case he ran into something.
Mr. Moody stated that he had some concerns about the pressure washing and chemical in the plaza in particular due to some warranty issues. Mr. Moody further stated that he wanted to make sure prior to doing that work that nothing was done that would invalidate the warranty on the plaza itself.
Mr. Lee Garrett again addressed the Council. Mr. Garrett stated that the company that would be doing the work would be using a chemical that was safe to use on the stone and they were bonded.
Mr. Kendrick stated that Brasfield & Gorrie had the warranty and they needed to be put on notice of what was going to be done so that if they had any objections, the city needed to hear it before the work was done and not after. Mr. Kendrick asked Mr. Garrett to get with him and he would contact Brasfield & Gorrie.
Mr. Smith stated that it appeared there were several repairs with different vendors and he would like to know if any of it needed to be bid.
Mr. Kendrick stated that the functions would not have to be bid; for example, washing was one function and caulking was another, and as long as any one function did not exceed more than $15,000.00 it would not have to be bid.
Mr. Smith stated that he would recommend approval of the funding subject to the City Attorney’s ultimate approval and that would be his motion.
Mr. Trippe stated that he was assuming the motion would be to fund it out of the Capital Projects Fund as it came out of committee.
Mr. Smith stated that was correct.
Ms. Holladay stated that the motion from Mr. Smith was to fund the building repairs from the Capital Projects Fund with the caveat that the City Attorney was going to address the warranty issues.
Mr. Kendrick asked Mr. Garrett if he would have the consultant write up the scope of the work so that it could be sent to Brasfield & Gorrie for their review as to any negative impact on the warranty.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-44
(A resolution appropriating up to $21,500.00 from the Capital Project Fund for payment of building repairs at City Hall subject to the City Attorney addressing warranty issues)
Mr. Smith moved for the adoption and enrollment of Resolution No. 10-44. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that the portion of the aforesaid item related to sidewalk repairs and costs would be referred back to the Finance Committee.
Ms. Holladay stated that at this time she would like to consider the Committee Referral Agenda.
Ms. Holladay reminded the Council that Item No. 15.05.10 – Request to consider two Stop Signs on Drake, one at Oxmoor Road and one at Courtney had been added to the Committee Referral Agenda for referral to the Public Safety Committee.
Ms. Holladay asked if there was any objection to the Committee Referral Agenda as presented:
COMMITTEE REFERRAL AGENDA
01.05.10 Request for consideration for stricter enforcement and increased fines pertaining to violations of the Tree Ordinance – Tom McKnight/ 239 La Prado Place/ Mayor Scott McBrayer
SPECIAL ISSUES COMMITTEE
02.05.10 Request to consider the adoption of the Resolution from the Jefferson County Mayor’s Association regarding upkeep of county roads – Mayor Scott McBrayer
PUBLIC WORKS COMMITTEE
03.05.10 Request for consideration of a 160 – Special Retail – More Than 30 Days license application for DDC Hotels AIG LLC d/b/a Drury Inn and Suites Birmingham SW at 160 State Farm Parkway – Timothy M. Drury/ Jacqueline D. Pollvogt/ Larry W. Hasselfeld/ City Clerk
PUBLIC SAFETY COMMITTEE
04.05.10 Request for consideration of policy for use of the Greenway Trail for charity/fundraising walks/runs and signage related to such events on the trail – Allyn Elizabeth Holladay/ President Pro Tempore
SPECIAL ISSUES COMMITTEE
05.05.10 Request to consider Change Order to Stewart and Perry for the undercut required at the ladder truck footings – Tim Coker cpm/ Project Manager/Fire Station No. 1
FINANCE COMMITTEE
06.05.10 Request to consider Change Order to Veterans Landscaping for delay associated with the water line that was located in the cistern (water tank) excavation – Tim Coker cpm/ Project Manager/ Fire Station No. 1
FINANCE COMMITTEE
07.05.10 Request to consider Change Order to Stewart and Perry for fire protection pipe change – Tim Coker cpm/ Project Manager/ Fire Station No. 1
FINANCE COMMITTEE
08.05.10 Request for consideration for funding in the amount of $9,854.93 for ClasTran for transportation services for elderly and disabled citizens of Homewood – Mayor Scott McBrayer
FINANCE COMMITTEE
09.05.10 Request for consideration of a variance to the Sign Ordinance at 2738 18th Street South – Jessica Brassfield/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE
10.05.10 Request for consideration of a variance to the Tent Ordinance at 816 Green Springs Highway – Mike Mazer/ Greg Cobb/ Engineering Department
SPECIAL ISSUES COMMITTEE
15.05.10 Request to consider two Stop Signs on Drake, one on Oxmoor and one on Courtney – Hunter Payne
PUBLIC SAFETY COMMITTEE
There being no objections to the Committee Referral Agenda as amended, Mr. Moody moved to approve the Committee Referral Agenda. Mr. Payne seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the Committee Referral Agenda was approved without dissent.
The first item of business under Other New Business was the request for consideration to approve the repair of the drainage system and sink hole at 1087 Columbiana Road (Declared an emergency situation by Mayor McBrayer).
Mr. Trippe stated that he had asked Mayor McBrayer to place this item on the agenda because he had sent the council an e-mail indicating there was a sinkhole and declaring it an emergency. Mr. Trippe further stated that Mr. Greg Cobb (Engineering Department) would address this item.
Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that he had received responses to seven Request for Proposals (RFP’s) on this project, and the low bidder was James Moore Trucking at a price of $44,000.00. Mr. Cobb further stated that one bidder had actually come in under that price, but he had an error in his bid and had withdrawn it. Mr. Cobb further stated that the bids went as high as $70,000.00 for this project.
Mr. Trippe stated that based on Mr. Cobb’s report, he would recommend authorizing up to $44,000.00 payable to James Moore Trucking upon the Mayor’s declaration of an emergency, to be paid from the Capital Projects Budget.
Mr. Smith asked Mr. Cobb, for the record, to give a brief explanation as to the basis of the city’s responsibility.
Mr. Greg Cobb again addressed the Council. Mr. Cobb stated that there was a 15-inch clay pipe in the right-of-way on Columbiana Road that headed directly to a man’s house and it appeared to go under the house. Mr. Cobb further stated that a hole had opened up in the front yard about 15 feet from his front door and with each passing rain, the hole got larger and larger. Mr. Cobb added that a video of the pipe indicated it had deteriorated, so a survey was done and a pipe was relocated into the city’s right-of-way rather than through the man’s yard. Mr. Cobb further added that the ends of the old deteriorated pipe would be closed so that water would no longer run through it, the hole would be backfilled, and the man’s front yard would be put back into the condition it was in before the pipe broke.
At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:
Resolution No. 10-45
(A resolution appropriating the sum up to $44,000.00 to be paid to James Moore Trucking Company from the Capital Projects Fund to be used by the City to remediate the drainage system and sink hold located in the vicinity of 1087 Columbiana Road)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-45. Mr. Smith seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
The next item under Other New Business was the request for consideration of acceptance of ADECA Energy Division Grant Number 1ARRA EECBG 11 in the amount of approximately $194,000.00 for expenditures for replacement of heating and air conditioning systems for the Library, lighting for the underground deck at the City Hall Building and lighting at Weygand Field (Request for immediate consideration due to time line to return original signed documents within 10 days).
Ms. Deborah Fout (Library Director) addressed the Council. Ms. Fout stated that she had started the grant to try to replace old heat pumps and air handlers at the Library that were original to the Library building, and found out that only one grant was available to the City. Ms. Fout further stated that Mr. Lee Garrett (Building Maintenance Department) and Mr. Berkley Squires (Parks Director) had added some things to the grant and last week the city was awarded the grant in the amount of $195,240.00. Ms. Fout added that the grant would pay for 19 new heat pumps at the Library, replace lighting for the underground deck at the City Hall building, and lighting at Weygand Field, resulting in an energy savings to the city of approximately $20,000.00 a year.
Mr. Trippe asked if this was a no-match grant.
Ms. Deborah Fout again addressed the Council and stated that was correct.
Mr. Trippe asked if anything would need to be paid to vendors or suppliers subject to reimbursement.
Ms. Fout stated that she had not read the entire contract nor seen all the paperwork at this point, but the contract needed to be signed and returned within ten (10) days in order to get the funding.
Mr. Trippe stated that he would recommend approving the grant tonight, and then Ms. Fout could report back to the council on whether the budget needed to be amended to create a line item subject to reimbursement.
Ms. Holladay stated that without objection, she would send the item to the Finance Committee after approval of the grant and then the item could simply be dropped if the budget issue did not need to be addressed. There was no objection from the council.
Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:
Resolution No. 10-46
(A resolution approving the acceptance of ADECA Energy Division Grant Number 1 ARRA EECBG 11 in the amount of approximately $195,240.00 to be used for replacement of heating and air conditioning systems for the Library, lighting for the underground deck at City Hall and lighting at Weygand Field)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-46. Mr. Smith seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion. There was no response from the Council.
On a voice vote, the motion carried without dissent.
Ms. Holladay stated that the aforesaid item would be referred to the Finance Committee to address any funding questions.
The next item on the agenda under Other New Business was the request for consideration of a resolution authorizing payment of invoices for the period January 23, 2010 through February 5, 2010.
Mr. Trippe stated that he had reviewed the invoices for the period January 23, 2010 through February 5, 2010 for the Finance Committee and they were in order except for one invoice that he wanted to report to the council on regarding his recommendation. Mr. Trippe further stated that Ladder No. 1/ Fire Department had experienced engine trouble that required an overhaul and an invoice was received from the repair company, W.W. Williams, in the amount of $8,435.00 for this overhaul. Mr. Trippe added that the invoice was coded General Fund-Vehicle Maintenance line item by the Fire Department, but due to concern that the money could run out in that line item, his recommendation was to approve the payment, but change the source of payment from the General Fund to the Capital Fund since this was a major vehicle repair. Mr. Trippe recommended approval of all of the invoices for the subject payment period with that change in the funding source on that particular invoice.
Mr. Kendrick, at this point, presented the following Resolution for Council’s consideration:
Resolution No. 10 – 47
(A Resolution authorizing payment of the vouchers for all funds as listed in Exhibit “A” as attached to the Resolution for the payment period beginning January 23, 2010 through February 5, 2010)
Mr. Trippe moved for the adoption and enrollment of Resolution No. 10-47 authorizing payment of the invoices for the period January 23, 2010 through February 5, 2010. Mr. Scott seconded the motion.
Ms. Holladay asked if the Council had any questions or comments regarding this motion.
Mr. Smith stated his concerns of setting a precedent of putting repairs of vehicles as a Capital item.
Mr. Trippe stated that he agreed and would not want to do it on a regular basis, but considering the nature of it, that was his recommendation.
Mr. Smith stated that as he recalled, funding was increased substantially for the vehicle repairs during the budgeting process.
Mr. Trippe stated that was correct and he was fine with the expenditure coming out of the Vehicle Maintenance line item, but there could be a shortage down the road in that line item.
Mr. Smith asked if a friendly amendment would be accepted to fund the expenditure out of the increased General Fund/ Vehicle Maintenance line item.
Mr. Trippe stated that he would accept that amendment.
Mr. Scott accepted the amendment as part of his second.
On a voice vote, the motion carried without dissent.
Mr. Trippe stated that the Finance Committee would meet on Tuesday, February 16, 2010 at 6:30 p.m.
There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.
Council Minutes
- July 26, 2010 / Print View
- July 12, 2010 / Print View
- May 10, 2010 / Print View
- May 3, 2010 / Print View
- March 11, 2010 / Print View
- March 8, 2010 / Print View
- February 22, 2010 / Print View
- Cable_Commission / Print View
- February 8, 2010 / Print View
- January 25, 2010 / Print View
- January 11, 2010 / Print View
- December 21, 2009 / Print View
