Citizens for a Livable Homewood

THE CITY OF HOMEWOOD, ALABAMA

November 13, 2006

The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, November 13, 2006 at City Hall at 6:00 p.m. The invocation was given by Council Member Joe Falconer, after which the pledge of allegiance to the flag was given.

The meeting was called to order by the President Pro Tempore, Jackie Langlow. Upon roll call, the following were present: Anthony Smith, Thomas Hamner, Jr., Allyn Krall, Joe Falconer, J. J. Bischoff, Scott McBrayer, Allan Trippe and Jackie Langlow. Absent: Sam Brasseale, David Hooks and Ginger Busby. Also present were: Mayor Barry R. McCulley; Mike Kendrick, City Attorney; Linda Cook, City Clerk; and Joyce Franklin, Recorder.

Mr. Smith moved to dispense with the reading of the Minutes of the October 23, 2006 meeting and approve them as distributed. Mrs. Krall seconded the motion. There being no additions or deletions, the Minutes were approved without dissent.

Mrs. Langlow asked if there were requests to amend tonight’s agenda. The requests were as follows:

New Business: Item No. 12.02.06 -- Request for consideration of Tuition Reimbursement for Sergeant Wade Green/ Police Department. (Chief Burke Swearingen/ Police Department)

New Business: Item No. 13.02.06 -- Request for consideration of a variance to the Fence Ordinance at 1512 Valley Place. (Mike Wheless) (Greg Cobb/ Engineering Department)

New Business: Item No. 14.02.06 -- Request for consideration to authorize the purchase of property on Central Avenue from Scott Bryant/ Cyprus Partners. (Allan Trippe)

New Business: Item No. 15.02.06 -- Request for consideration to declare the property located on Central Avenue as surplus property and to sell it to Jefferson County for the same purchase price as paid to Scott Bryant/ Cyprus Partners. (Allan Trippe)

New Business: Item No. 16.02.06 -- Request for consideration of a street light in the vicinity of the 500 to 600 block of Oxmoor Road. (Scott McBrayer)

Mrs. Langlow stated that without objection from the Council, the aforementioned items would be added to the agenda.

Mrs. Langlow stated that at this time she would like to consider the following items as listed on the Consent Agenda.

Item No. 24.09.06 -- Request for consideration to repair the storm water inlet at 1017 Oak Grove Road. Mrs. Langlow stated that without objection from the Council, this item would be dropped as recommended by the Public Works Committee based upon a report by Mr. Greg Cobb (Engineering Department). There was no objection from the Council.

Item No. 42.11.06 -- Request to consider retirees increase in monthly income. Mrs. Langlow stated that without objection from the Council, this matter would be dropped at this time and to consider the item again at the first Council meeting in February, 2007, as recommended by the Finance Committee. There was no objection from the Council.

Item No. 01.01.06 -- Request for consideration to amend the General Fund 2006/2007 for Maintenance expense for the City Hall facility in the amount of $35,192.00. Mrs. Langlow stated that without objection from the Council, this item would be tabled as recommended by the Finance Committee. There was no objection from the Council.

There being no objections to the Committees’ recommendations on the Consent Agenda items, Mr. Smith moved to approve the Consent Agenda as distributed. Mr. McBrayer seconded the motion.

Mrs. Langlow 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 of business on the agenda under Old Business was the request for consideration of appointments for the Jail Authority (Application period open until close of business September 15, 2006 at 4:30 p.m.). Mr. McBrayer stated that the interview committee had interviewed the two applicants for the Jail Authority, and the recommendation was to appoint Mr. Kyle D’Agostino (613 Cobb Street). Mr. McBrayer further stated that both applicants were very good applicants and had agreed that if they were not selected, both would be willing to help.

Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:

Resolution No. 06-206

(A Resolution to appoint Mr. Kyle D’Agostino to serve as a City of Homewood representative on the Jail Authority)

Mr. McBrayer moved for the adoption and enrollment of Resolution No. 06-206 appointing Mr. Kyle D’Agostino to serve as a City of Homewood representative on the Jail Authority. Mrs. Krall seconded the motion.

Mrs. Langlow 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.

Mrs. Langlow stated that this was the time and the place for the Public Hearing November 13, 2006 to consider declaring the property located at 3531 Rhodes Drive a Public Nuisance due to overgrowth and overgrowth in the City right-of-way. Mrs. Langlow recognized Mr. Scott Cook (Code Enforcement) who addressed the Council.

Mr. Cook addressed the Council while showing a PowerPoint presentation of photographs of the subject property. Mr. Cook stated that the overgrowth that had been cited on the subject property at 3531 Rhodes Drive had been taken care of. Mr. Cook recommended that this matter be dropped from the agenda.

Mrs. Langlow asked if there was anyone who wished to speak in favor of or in opposition to this matter. There was no response from the audience.

Mrs. Langlow, at this point, declared the Public Hearing concluded.

Mr. Smith then moved to drop the request to consider declaring the property located at 3531 Rhodes Drive a Public Nuisance. Mrs. Krall seconded the motion.

Mrs. Langlow 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.

Mrs. Langlow stated that the aforesaid matter would be dropped from the agenda.

Mrs. Langlow stated that the Public Hearing January 8, 2007, for consideration of a Petition of Annexation by Inn Managers, LLC, as requested in the rezoning of the Mountain Brook Inn property located on Highway 280 would be carried over.

Mrs. Langlow stated that this was the time and the place for the Public Hearing November 13, 2006, to review maximum height of the Edgewood Renewal District Zoning with the Planning Commission’s recommendation to change Quantitative Development Criteria for EURD. Mrs. Langlow recognized Mr. Greg Cobb (Engineering Department) who addressed the Council.

Mr. Cobb presented a diagram indicating how buildings were currently measured and then presented a PowerPoint presentation describing the height of various buildings in Homewood that included the following: Merkel-Reed Building (flat roof) 27 feet; Trilogy Leather, 30 feet to the top of the pinnacle point; Edgewood Frame Shop, 20 feet to the ridge line; Edgewood Service Center, 25 feet; Dawson Parking Deck, 44 feet measured from behind the brick wall against the face of the building; Dawson Memorial Baptist Church, 48 feet; Chevron Station, 20 feet to the top of the canopy; New York Pizza, 24 feet to the highest peak of the ridge line; Village Furniture, 21 feet; Edgewood Presbyterian Church, 36 feet to the peak of the ridge; Edgewood Terrace Apartments, 37 feet at the highest peak; Bellini (on 18^th Street), 29 feet; and Homewood Toy and Hobby, 32 feet. Mr. Cobb stated that the final comments of the Planning Commission was to (1) leave the building height at 35 feet, (2) to leave the definition of how to measure building height as it was currently written, and (3) that all buildings shall be two stories.

Mrs. Langlow asked if there was anyone who wished to speak in favor of or in opposition to this matter.

Ms. Linda Reed (Owner/ Merkel Reed Building) addressed the Council. Ms. Reed stated that the buildings in Edgewood were picturesque, but many of them were old and they were deteriorating, as was the case with the building that she owned. Ms. Reed further stated that the renovations were sometimes more than the owners could afford, so this was an opportunity for an organization with the money to come in and revitalize the Edgewood area. Ms. Reed added that being able to have buildings that were three stories high would benefit not only those who owned property in Edgewood, but it would also benefit the City based on the new revenues, taxes, and property values that would increase

Mr. Scott Anderton (1856 Lakeridge Road) addressed the Council. Mr. Anderton stated that the main issue before the Council had to do with the character of Edgewood and if Edgewood became a three-story area with new buildings, however they might be decorated, the character of the Edgewood area would change completely. Mr. Anderton further stated that in all likelihood, the businesses that were able to afford to be there would also change. Mr. Anderton added that the Edgewood area was one of the jewels of Homewood and he was hopeful the Council could do something to preserve it.

Mr. Ronald Palmer (226 Asten Lane, Lexington, South Carolina) addressed the Council. Mr. Palmer stated that he was representing his family who owned the Broadmoor Apartments on Broadway. Mr. Palmer further stated that the Edgewood Terrace Apartments, the Dawson Memorial Complex and the high-rise parking deck was only a reflection of what Edgewood could become. Mr. Palmer urged the Council not to limit their vision to three stories.

Mr. Mike Whitten (Owner of a building in the Edgewood Business District) addressed the Council. Mr. Whitten stated that he was in support of the three stories because Homewood had several gateways, and Edgewood was the last gateway in Homewood that was really not protected. Mr. Whitten further stated that the potential redevelopment was a quaint English type of village atmosphere, which would protect property values, and protect the city and its citizenry. Mr. Whitten added that the Council had a great opportunity to examine the zoning to make sure it fit on both sides, both with the criteria of wanting to keep Edgewood as a quaint village, but also giving it the opportunity to be something that it was not at the present time. Mr. Whitten further added that the 35 feet maximum height was fine and the three stories should be workable also.

Ms. Lynn Saturday (Owner: New York Pizza -1010 Oxmoor Road) addressed the Council. Ms. Saturday asked the Council to accept the Planning Commission’s recommendation to leave the maximum height at two stories in the Quantitative Development table and to change Footnote No. 8 to read “No higher than 35 feet.” Ms. Saturday stated that the Planning Commission’s recommendation to keep the two-story maximum in the Zoning Ordinance was crucial in preventing redevelopments that were totally inappropriate for a unique and historical neighborhood such as Edgewood. Ms. Saturday further stated that the Edgewood Business District was still a neighborhood shopping district and the Zoning Ordinance stated that it must be compatible with the character of the adjacent residential neighborhood. Ms. Saturday added that buildings that were no more than two stories were compatible, but buildings that were three or more stories were not compatible and had the potential to change the small-town atmosphere that made Edgewood unique.

Mr. Mark Givhan (1601 Shades Park Cove) addressed the Council. Mr. Givhan spoke in favor of following the recommendation of the Planning Commission to leave the maximum height at two stories and urged the Council not to ignore that recommendation.

Mr. Blake Mizerany (Business owner in Homewood) addressed the Council. Mr. Mizerany expressed his support for 35-foot maximum height, but also supported allowing three stories within that height. Mr. Mizerany further stated that this was an opportunity to have a developer come in and make this a project, as opposed to individual landowners trying to do something different at some point down the road.

Mr. Jeff Wood (909 Stuart Street) addressed the Council. Mr. Wood stated that 35 feet and three stories could be consistent with the character of Edgewood and it could be done in a way that would preserve the wonderful quality of life that residents currently enjoyed.

Ms. Jane Reed Ross (501 Kenilworth Drive) addressed the Council. Ms. Ross stated that going up with more than two stories would increase the densities of the area which would affect the pedestrian character of Edgewood. Ms. Ross further stated that there were several schools in the area, and to increase the densities in the intersection between the middle school and the elementary school would increase traffic, congestion and compromise pedestrian safety. Ms. Ross added that a group of citizens had worked very hard on a Master Plan last year, and if that plan was in place right now, a lot of these issues would be resolved because they would have already been discussed. Ms. Ross asked what the status was on this Master Plan.

Mayor McCulley stated that the contract for development of the Master Plan had been signed with KPS Group, Inc.

Mr. Greg Cobb (Engineering Department) addressed the Council. Mr. Cobb stated that it was now just a matter of getting the proper paperwork signed from Jefferson County to share information with KPS Group, Inc. to begin work on the Master Plan.

Mr. Buddy Wade (930 Oxmoor Road) addressed the Council. Mr. Wade stated that he was in favor of the project, but with limitations, such as the 35 foot maximum height. Mr. Wade further stated that there were a lot of buildings in Edgewood that were in desperate need of attention and this was a golden opportunity, with the right monitoring, to see that it got done. Mr. Wade added that it was time everyone was able to see the development before making comments about a future envisioned project that had not yet been seen.

Mr. Frank Keasler (President, Iron Group Company-Jacksonville, Florida) addressed the Council. Mr. Keasler stated that the Iron Group Company had worked hard over the last seven months to plan what would be a hallmark development in Jefferson County, if not the state of Alabama. Mr. Keasler further stated that he was not asking for five floors nor was he asking for increased or significant density, but he was asking for enough critical mass to make the economics work and for the opportunity to build a green community. Mr. Keasler then pointed out some of the features of the development which included the following: (1) The company had worked with engineers, particularly with the University of Alabama, to work out a literal green community where every ounce of water and solid waste was recaptured and converted to solid waste to methane gas; (2) The sidewalks would go from the 6 to 8 foot sidewalks that existed today to 15 and 20 foot sidewalks; (3) There would be ample parking; (4) The plan contemplated a phased construction to help the retail merchants who were there, most of whom were tenants, stay in business; and (5) The plan contemplated giving the retail merchants a very serious discount for the first three years of their rent. Mr. Keasler added that other than asking for a variance in the corners where Broadway met Oxmoor Road, the development would be well within the 35-foot guidelines, but he was asking to be allowed to put three floors in the development. Mr. Keasler further added that it was clear that Edgewood needed revitalization and the Council had already adopted the EURD revitalization ordinance.

Mr. Keasler stated that the property owners in Edgewood were behind the development, with the exception of a few, and the property owners had met with the developers and either had an oral agreement, a letter of intent or a contract. Mr. Keasler further stated that probably 70 percent of the real estate was under agreement in Edgewood. Mr. Keasler announced that a Town Hall Meeting was planned for November 30, 2006, on the issue of showing everybody the development. Mr. Keasler added that once everybody was informed, he thought that the Council and the citizens of Edgewood would embrace the development and find that the developers had been credible and transparent stewards of this opportunity.

Mrs. Langlow asked if there was anyone else who wished to speak in favor of or in opposition to this matter. There was no response from the audience.

At this point, Mrs. Langlow declared the Public Hearing concluded.

Mrs. Langlow asked if the Council had any questions or comments regarding this issue. There was no response from the Council.

Mrs. Langlow then referred the aforesaid matter to the Planning and Development Committee.

Mr. Trippe stated that the Finance Committee met and voted 4 -- 0 to recommend acceptance of the annexation petition to annex the property located at 929 Shades Glen Drive contingent upon payment of $500.00 for city services by Karolyn Mersmann/ applicant.

Mrs. Cook stated that she had received the payment of $500.00 from Karolyn Mersmann.

At this time, Mr. Kendrick presented the following Ordinance for the first reading:

Ordinance No. ______

(An Ordinance assenting to the annexation of certain property or territory to the corporate limits of the City so as to alter, rearrange, and extend the corporate limits of the City of Homewood, Alabama -- 929 Shades Glen Drive)

Mr. Trippe moved for unanimous consent to consider the proposed Ordinance as read tonight. Mrs. Krall seconded the motion.

Upon roll call, the votes were Ayes: Smith, Hamner, Krall, Falconer, Bischoff, McBrayer, Trippe and Langlow. The motion for unanimous consent carried without dissent.

Mr. Kendrick, at this time, presented the following Ordinance for Council’s consideration:

Ordinance No. 2309

Mr. Trippe moved for the adoption, enrollment and publication of Ordinance No. 2309. Mrs. Krall seconded the motion.

Mrs. Langlow asked if the Council had any questions or comments regarding this motion. There was no response from the Council.

Upon roll call, the votes were Ayes: Smith, Hamner, Krall, Falconer, Bischoff, McBrayer, Trippe and Langlow. The motion carried unanimously.

The Ordinance was adopted, and the City Clerk was directed to publish the Ordinance according to law.

The next item on the agenda under Old Business was the request to consider declaring the property located at 2526 Kemp Court a Public Nuisance due to overgrowth and weeds (Public Hearing held on October 23, 2006). Mrs. Langlow recognized Mr. Scott Cook (Code Enforcement) who addressed the Council.

Mr. Cook presented a PowerPoint presentation of photographs of the subject property located at 2526 Kemp Court. Mr. Cook stated that the issues with the property were pointed out to the property owner at the last Council meeting on October 23, 2006 and the property owner had now taken care of all of the issues concerning the overgrowth and weeds. Mr. Cook further stated that he would recommend that this matter be dropped.

Mr. Smith then moved to drop the request to consider declaring the property located at 2526 Kemp Court a Public Nuisance due to overgrowth and weeds. Mr. Falconer seconded the motion.

Mrs. Langlow 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.

Mrs. Langlow stated that this matter would be dropped from the agenda.

The next item under Old Business was the request for consideration for the placement of Council Member Thomas Hamner, Jr., on the Historic Preservation Committee as Vice Chairperson. Mrs. Langlow stated that this matter had been carried over from the previous Council meeting on October 23, 2006.

Mr. Hamner stated that even though the Historic Preservation Committee had been appointed, there had not been a meeting of that committee. Mr. Hamner further stated that he was in the process of contacting the members of the Historic Preservation Committee in order to set up a meeting.

Mrs. Langlow suggested that Mr. Hamner continue to try to contact all of the members to have a meeting set up, and then let them select a chairperson for that committee.

Mr. Kendrick stated that all the Council could do under the statute was to appoint the members, and then that membership would have to elect their own officers.

Mr. Smith then moved to set a date for the Historic Preservation Committee to have its first meeting.

Mrs. Langlow stated that setting a meeting and appointing Mr. Hamner were two different issues, so the meeting should be set, conducted, and then the election of whoever would chair the committee.

Mr. McBrayer moved to drop the aforesaid request from the agenda.

Mr. Smith stated that his prior motion was to set a meeting date for the Historic Preservation Committee. Mr. Hamner seconded the motion.

Mr. Hamner stated that he would like to set a meeting for December 5, 2006.

Mr. Smith then amended his motion to set a meeting of the Historic Preservation Committee on December 5, 2006. Mr. Hamner seconded the amended motion.

Mrs. Langlow asked if the Council had any questions or comments regarding this motion. There was no response from the Council.

Upon roll call, the votes were Ayes: Smith, Hamner, and Krall. Nays: Falconer, Bischoff, McBrayer, Trippe and Langlow. The motion failed to carry.

Mr. McBrayer stated that his motion to drop this matter from the agenda was still on the floor. Mr. Bischoff seconded the motion.

On a voice vote, the motion carried without dissent.

Mrs. Langlow stated that this matter would be dropped from the agenda.

Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:

Resolution No. 06-207

(A Resolution appropriating the sum of $396.00 to be paid to Officer Allen B. Morgan/ Police Department for tuition reimbursement for one class/ International Terrorism/ taken at UAB at a rate of $132.00 per hour for three hours pursuant to the Tuition Reimbursement Plan Policy previously adopted by the City)

Mr. Trippe stated that the Finance Committee met and voted 4 -- 0 to recommend, and he moved, for the adoption and enrollment of Resolution No. 06-207 authorizing reimbursement to Officer Allen B. Morgan/ Police Department in the amount of $396.00 for one class (International Terrorism) at the UAB hourly rate of $132.00 per hour for three hours.

Mrs. Langlow 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.

Mrs. Langlow stated that the Public Hearing November 20, 2006 (Special Called Council Meeting), to consider a resolution related to the Progress 280 proposals on the elevated highway for Highway 2080 would be carried over.

The first item of business on the agenda under New Business was the request to consider a Mutual Aid Agreement with other jurisdictions.

Mayor McCulley stated that he would like to have the aforesaid matter considered tonight. Mayor McCulley further stated that the Mutual Aid Agreement, which was an agreement between the City, Jefferson County, Jefferson County EMA, and other jurisdictions, was something that the City had adopted in the past. Mayor McCulley added that should there be a disaster or any type of problem, this agreement would allow the City to help the other cities or the other jurisdictions would be able to help Homewood.

Mr. Smith asked if this would be the re-adoption of the existing agreement or were there any substantive changes to the agreement.

Chief John Bresnan (Fire Department) addressed the Council. Chief Bresnan stated that it was not verbatim, but it was essentially the same agreement. Chief Bresnan further stated that the changes that he might anticipate would simply involve the scope as it applied to FEMA reimbursement and other things of that nature. Chief Bresnan added that the FEMA application required Mutual Aid Agreements that would authorize the City to go into another jurisdiction which would allow the City to recover funds associated with those services.

Mrs. Langlow asked if this agreement would obligate the City in any way financially.

Mayor McCulley replied No, that it was strictly something to cover emergencies and disasters with Jefferson County, Jefferson County EMA, and the other jurisdictions, which included the following: Center Point, Adamsville, Argo, Bessemer, Birmingham, Brighton, Brookside, Clay, Fairfield, Fultondale, Gardendale, Graysville, Hoover, Hueytown, Irondale, Kimberly, Leeds, Lipscomb, Maytown, Midfield, Morris, Mountain Brook, Mulga, North Johns, Pinson, Pleasant Grove, Sylvan Springs, Tarrant, Trafford, Trussville, Vestavia Hills, Warrior and West Jefferson. Mayor McCulley stated that Homewood, of course, was included in this list because the agreement worked both ways.

At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:

Resolution No. 06-208

(A Resolution authorizing the Mayor to execute the Mutual Aid Agreement with the Jefferson County Emergency Management Council and each of the political subdivisions within Jefferson County, Alabama that executes and adopts the terms and conditions contained in the Agreement attached to the Resolution as Exhibit A)

Mr. McBrayer moved for the adoption and enrollment of Resolution No. 06-208. Mr. Smith seconded the motion.

Mrs. Langlow 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.

Mrs. Langlow stated that the request for consideration to increase mileage reimbursement to the current IRS rate for City employees who use a personal vehicle for City business would be referred to the Finance Committee.

The request for consideration of a 020 -- Restaurant Retail Liquor -- license application for J & C Cafes, Inc., d/b/a Crape Myrtle Café at 2721 18^th Street South was referred to the Public Safety Committee.

The request for consideration of a variance to the Sign Ordinance at Soho North and Soho South was referred to the Special Issues Committee.

The request for consideration of a variance to the Sign Ordinance at 2910 18^th Street South/ Supper Time was referred to the Special Issues Committee.

The request for consideration of a variance to the Sign Ordinance at 2902 18^th Street South/ The Diamond Dealer was referred to the Special Issues Committee.

The request for consideration of a variance to the Sign Ordinance at 2601 18^th Street South/ Seattle Drip Coffee Company was referred to the Special Issues Committee.

Mrs. Langlow stated that the next three items on the agenda required bid openings to be set and she would like to consider whether to change the dates for the regular Council meetings for the month of December, 2006, from December 11 and December 25 to December 4 and December 18, prior to considering the dates for these bid openings.

At this point, Mr. McBrayer moved that the regularly scheduled Council meetings for the month of December, 2006, be held on December 4 and December 18, 2006. Mrs. Krall seconded the motion.

Mrs. Langlow asked if the Council had any question or comments regarding this motion. There was no response from the Council.

On a voice vote, the motion carried without dissent.

Mrs. Langlow stated that without objection from the Council, a bid opening would be held on December 11, 2006 at 5:30 p.m. for the Rifle bid/ Police Department. There was no objection from the Council.

Mrs. Langlow stated that without objection from the Council, a bid opening would be held on December 11, 2006 at 5:45 p.m. for the Taser bid/ Police Department. There was no objection from the Council.

Mrs. Langlow stated that without objection from the Council, a bid opening would be held on December 11, 2006 at 6:00 p.m. for Personal Protection Equipment/ Police Department. There was no objection from the Council.

The next item on the agenda under New Business was the request for consideration of a resolution authorizing payment of invoices for the period October 21, 2006 through November 10, 2006. Mr. Trippe stated that Mr. Danny Panos (Finance Director) had reported that he had reviewed the invoices for the period October 21, 2006 through November 10, 2006 for the Finance Committee, they were in order, and he would recommend payment of those invoices.

Mr. Kendrick, at this time, presented the following Resolution for Council’s consideration:

Resolution No. 06 - 209

(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 October 21, 2006 through November 10, 2006)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 06-209 authorizing payment of the invoices for the period October 21, 2006 through November 10, 2006 based on the recommendation of the Finance Director. Mr. McBrayer seconded the motion.

Mrs. Langlow 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 on the agenda under New Business was the request for consideration of Tuition Reimbursement for Sergeant Wade Green/ Police Department. Mrs. Langlow stated that this matter would be referred to the Finance Committee.

Mrs. Langlow stated that the request for consideration of a variance to the Fence Ordinance at 1512 Valley Place would be referred to the Special Issues Committee.

The next item on the agenda under New Business was the request for consideration to authorize the purchase of property on Central Avenue from Scott Bryant/ Cyprus Partners, LLC. Mr. Trippe stated that he would like to consider this matter tonight along with the next item on the agenda, the request for consideration to declare property on Central Avenue as surplus property and sell it to Jefferson County for the same purchase price as paid to Scott Bryant/ Cyprus Partners, LLC.

Mr. Kendrick stated that he would like to give an explanation of these two items. Mr. Kendrick further stated that the Facilities Committee had previously met and authorized negotiations with Mr. Scott Bryant (Cyprus Partners, LLC) for the purchase of the property on Central Avenue. Mr. Kendrick added that Jefferson County had been seeking to condemn this property, and in order to accommodate the City’s position on the condemnation, the City had agreed to purchase the property from Mr. Bryant. Mr. Kendrick further added that after discussions with Jefferson County, it was determined that essentially Jefferson County either wanted this property or they wanted the City Shop property for their sewer project.

Mr. Kendrick stated that Jefferson County had said they would be willing to work with the City, so as soon as the City had made the decision that the Shop property would be a preferable spot for the new fire station, the County had dropped the condemnation procedure against this property. Mr. Kendrick further stated that Jefferson County was now asking that the City purchase the property located on Central Avenue from Mr. Bryant and the County would purchase it from the City at the price of $270,000.00 that the City had paid. Mr. Kendrick added that this was simply a procedural matter to accommodate Jefferson County. Mr. Kendrick further added that a resolution had been prepared for the purchase of the property from Cyprus Partners as well as an ordinance to declare the property surplus and authorize it to be sold to Jefferson County at the same price paid by the City.

Mr. Trippe stated that the funding would simply be Bond Issue proceeds going out and a dollar for dollar reimbursement coming back in.

At this time, Mr. Kendrick presented the following Resolution for Council’s consideration:

Resolution No. 06 - 210

(A Resolution authorizing the Mayor and the City Clerk to make payment directly to Cyprus Partners, LLC, in the amount of $270,000.00 to purchase property located on Central Avenue in Homewood, Alabama, and that upon receipt of the Statutory Warranty Deed, attached to the Resolution as Exhibit A, conveying interest in the property from Cyprus Partners, LLC, to the City of Homewood, Alabama, the property will be owned by the City of Homewood)

Mr. Trippe moved for the adoption and enrollment of Resolution No. 06-210 authorizing the payment directly to Cyprus Partners, LLC, in the amount of $270,000.00 to purchase property located on Central Avenue. Mr. Bischoff seconded the motion.

Mrs. Langlow 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 point, presented the following Ordinance for the first reading:

Ordinance No. ______

(An Ordinance to declare certain real estate surplus)

Mr. Trippe moved for unanimous consent to consider the proposed Ordinance as read tonight. Mr. McBrayer seconded the motion.

Upon roll call, the votes were Ayes: Smith, Hamner, Krall, Falconer, Bischoff, McBrayer, Trippe and Langlow. The motion for unanimous consent carried without dissent.

At this time, Mr. Kendrick presented the following Ordinance for Council’s consideration:

Ordinance No. 2310

(An Ordinance to declare certain real estate surplus)

Mr. Trippe moved for the adoption, enrollment and publication of Ordinance No. 2310 declaring the property located on Central Avenue, as set out in the Ordinance, as surplus property and authorizing the disposal of the property by conveying the property to Jefferson County upon the consideration of $270,000.00. Mr. McBrayer seconded the motion.

Mrs. Langlow asked if the Council had any questions or comments regarding this motion. There was no response from the Council.

Upon roll call, the votes were Ayes: Smith, Hamner, Krall, Falconer, Bischoff, McBrayer, Trippe and Langlow. The motion carried unanimously.

The Ordinance was adopted, and the City Clerk was directed to publish the Ordinance according to law.

Mrs. Langlow stated that the request for consideration of a street light in the vicinity of the 500 or 600 block of Oxmoor Road would be referred to the Public Safety Committee.

Mrs. Langlow stated that she would like to consider board vacancies as the next order of business.

Mr. Hamner stated that he had met with Mr. James Ponseti (924 Irving Road) who had applied for the Board of Zoning Adjustments for Ward 1, and he was recommending the appointment of Mr. Ponseti.

Mr. Hamner then moved to appoint Mr. James Ponseti (924 Irving Road) to the Board of Zoning Adjustments/ Ward 1. Mr. Hamner stated that Mr. Ponseti’s term would expire in November 2009. Mr. Smith seconded the motion.

Mrs. Langlow asked if the Council had any questions or comments regarding motion.

Mr. Smith stated that he would like to point out that Mr. Ponseti was the only applicant for this vacancy.

On a voice vote, the motion carried without dissent.

Mr. Hamner stated that the Special Issues Committee would meet on Monday, November 20, 2006, at 5:00 p.m.

Mr. McBrayer stated that the Public Safety Committee would meet on Monday, November 20, 2006, immediately following the Special Called Council meeting that was scheduled for 6:00 p.m.

Mayor’s Comments:

DARE graduations will be held on November 15, 2006, at 1:30 p.m. at Shades Cahaba School and on November 30, 2006, at 1:00 p.m. at Edgewood Elementary School.

The annual Thanksgiving luncheon will be held at City Hall on Tuesday, November 14^th, at 11:00 a.m. Please drop by and see us.

There being no further business to come before the Council, the meeting was, on a motion duly made, adjourned.

Posted by Larry Owen at 11:59 PM | Permalink | Comments (278)

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