AGENDA REGULAR MEETING OF THE COUNCIL CITY OF BIRMINGHAM, ALABAMA CITY COUNCIL CHAMBERS THIRD FLOOR CITY HALL. February 24, :30 A.M.

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1 AGENDA REGULAR MEETING OF THE COUNCIL CITY OF BIRMINGHAM, ALABAMA CITY COUNCIL CHAMBERS THIRD FLOOR CITY HALL February 24, :30 A.M. WEB SITE ADDRESS: INVOCATION: Reverend Szymanski Fields, Pastor of Union Chapel A.M.E. Zion Church PLEDGE OF ALLEGIANCE: Councilmember Johnathan Austin ROLL CALL MINUTES NOT READY: November 25, 2008 February 17, 2009 COMMUNICATIONS FROM THE MAYOR CONSIDERATION OF CONSENT AGENDA All items designated as Consent are considered to be routine and non-controversial and will be approved by one motion. No separate discussion of these items will be permitted unless a Councilmember, the Mayor or Citizen interested in a public hearing so requests, if so, such item(s) will revert to its normal place on the Agenda Order of Business. All matters of permanent operation ( P ) will be read. All other matters will be announced by reading the Item Number only. All Public Hearings will be announced.

2 Agenda February 24, CONSIDERATION OF ORDINANCES AND RESOLUTIONS FOR FINAL PASSAGE ph) ITEM 1. An Ordinance TO FURTHER AMEND THE ZONING DISTRICT MAP OF THE CITY OF BIRMINGHAM (Case No. ZAC ) to change zone district boundaries from R-3 Single Family District to R-4 Two-Family and Semi-Attached Dwelling District, filed by Rodney Beasley, representing the owner, Beasley Properties, for property located at 1451 Pike Road, and situated in the NW¼ and NE¼ of Section 6, Township 18 South, Range 3 West, Birmingham, and the hearing of all interested parties. (Submitted by the City Attorney) (No Recommendation by the Z.A.C. and NOT Recommended by the Planning and Zoning Committee)** ph) ITEM 2. An Ordinance TO FURTHER AMEND THE ZONING DISTRICT MAP OF THE CITY OF BIRMINGHAM (Case No. ZAC ) to change zone district boundaries from R-3 Single Family District to R-4A Medium Density District, filed by Rodney Beasley, representing the owner, Beasley Properties, LLC, for property located at 2931 Avenue S, and situated in the SW¼ of Section 5, Township 18 South, Range 3 West, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Abbott, Chairperson, Planning and Zoning Committee) (NOT Recommended by the Z.A.C. and No Recommendation by the Planning and Zoning Committee)** (ph) ITEM 3. A Resolution relative to the application of Tazikis, Inc. for an On and Off Premise Beer and Wine License to be used at Tazikis Greek Fare, th Street South, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (No Recommendation by the Public Safety Committee) (ph) ITEM 4. A Resolution relative to the application of Lam s South Park LLC for an Off Premise Beer and Wine License to be used at Lam s South Park LLC, 36 South Park Road, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (No Recommendation by the Public Safety Committee)

3 Agenda February 24, (ph) ITEM 5. A Resolution relative to the application of Kearstalyn Croskey for a Lounge Retail Liquor Class I License to be used at The Schott House, nd Avenue North, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended Denial by the Public Safety Committee) CONSENT(ph) ITEM 6. A Resolution relative to the application of Aldi, Inc. for an Off Premise Beer and Wine License to be used at Aldi #33, 7580 Crestwood Boulevard, Suite 241, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee) CONSENT(ph) ITEM 7. A Resolution relative to the application of Patty Mach Giang for an Off Premise Beer and Wine License to be used at M G Convenience Store, th Avenue South, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee) CONSENT(ph) ITEM 8. A Resolution relative to the application of Odysee Givens for a Lounge Retail Liquor Class I License to be used at Northside Social Club and Lounge, th Street North, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee) CONSENT(ph) ITEM 9. A Resolution relative to the application of Odysee Givens for a Division I Dance Permit to be used at Northside Social Club, th Street North, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee)

4 Agenda February 24, CONSENT(ph) ITEM 10. A Resolution relative to the application of Four East Entertainment LLC for a Lounge Retail Liquor Class I License to be used at Suite 204, th Street North, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee) CONSENT(ph) ITEM 11. A Resolution relative to the application of Charlie J. Glover for a Division I Dance Permit to be used at Suite 204, th Street North, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee) CONSENT(ph) ITEM 12. A Resolution relative to the application of Hannah s Home, Inc. for a Restaurant Retail Liquor License to be used at Kelley s, th Street South, Birmingham, and the hearing of all interested parties. (Submitted by Councillor Montgomery, Chairman, Public Safety Committee) (Recommended by the Public Safety Committee) (ph) ITEM 13. A Resolution relative to the application of Calvin Clark Tucker, 2048 Cedar Street, Birmingham, to operate an Itinerant Junk Dealer s Permit, and the hearing of all interested parties. (Submitted by Councilmember Montgomery, Chairman, Public Safety Committee) (Recommended Denial by the Chief of Police and the Public Safety Committee)** CONSENT ITEM 14. A Resolution transferring the two (2) Certificates of Public Necessity and Convenience to operate a courtesy vehicle service issued to Promus Hotel, Inc., d/b/a Embassy Suites Hotel, 2300 Woodcrest Place, Birmingham, to Felcor Lodging Trust Inc., d/b/a Embassy Suites Hotel. (Submitted by the City Attorney) (Recommended by Councillor Duncan, Chairperson, Transportation and Communication Committee)

5 Agenda February 24, CONSENT ITEM 15. A Resolution granting one (1) additional Certificate of Public Necessity and Convenience to Acton Limousine, Inc., 5128 Valleybrook Circle, Birmingham, to operate a sport utility vehicle as a limousine service upon the streets of the City of Birmingham. (Submitted by the City Attorney) (Recommended by Councillor Duncan, Chairperson, Transportation and Communication Committee) CONSENT ITEM 16. A Resolution canceling the Certificates of Public Necessity and Convenience to operate a luxury limousine and an executive sedan previously granted to Larry s Limousine Ltd., Springville, Alabama and granting one (1) Certificate of Public Necessity and Convenience to Larry s Limousine Ltd., to operate a Sport Utility Vehicle and one (1) Certificate of Public Necessity and Convenience to operate one (1) van as a limousine service upon the streets of the City of Birmingham. (Submitted by the City Attorney) (Recommended by Councillor Duncan, Chairperson, Transportation and Communication Committee) CONSENT ITEM 17. A Resolution canceling the Certificate of Public Necessity and Convenience to operate a van previously granted to Magic City Limousine and Sedan, LLC, Pinson, Alabama and granting one (1) Certificate of Public Necessity and Convenience to Magic City Limousine and Sedan, LLC to operate a Sport Utility Vehicle as a limousine service upon the streets of the City of Birmingham. (Submitted by the City Attorney) (Recommended by Councillor Duncan, Chairperson, Transportation and Communication Committee) CONSENT(ph) ITEM 18. A Resolution revoking the Outdoor Café Permit issued to Ivy s Market Inc., th Street South, Birmingham, for failure to file the required liability insurance, and the hearing of all interested parties. (Submitted by the City Attorney) INTRODUCTION AND FIRST READING OF ORDINANCES AND RESOLUTIONS

6 Agenda February 24, ITEM 19. An Ordinance TO FURTHER AMEND THE GENERAL FUND BUDGET AND CAPITAL FUND BUDGET by transferring $900, from unspent salaries from various departments to Fund 102 Capital Improvement Fund and appropriating $900, to Ramsey McCormick Rehabilitation Project for stabilization of the building. (Submitted by the Mayor and the Administration, Budget and Finance Committee) (Recommended by the Director of Finance)** ITEM 20. An Ordinance TO FURTHER AMEND THE CAPITAL BUDGET by appropriating $2,000, to Fund 102 Capital Improvement Fund to Tuxedo Court Hope VI Redevelopment from revenues received from Jefferson County for the Interlocal Agreements. (Submitted by the Mayor and the Administration, Budget and Finance Committee) (Recommended by the Director of Finance)** ITEM 21. An Ordinance TO FURTHER AMEND THE GENERAL FUND BUDGET by transferring $190, of Fund A G. O. Bonds from 19 th Avenue North to Tarrant Huffman Road from Treadwell Road to Briarmont Drive, said project to include curb and gutter, asphalt and storm drainage. (Submitted by the Mayor and the Administration, Budget and Finance Committee) (Recommended by the Director of Finance)** ITEM 22. An Ordinance TO FURTHER AMEND THE GENERAL FUND BUDGET by appropriating $134, to Finance Professional Fees-Consulting Fees from revenue generated from Storm Water Fees and will replace funds used for Storm Water Management. (Submitted by the Mayor and the Administration, Budget and Finance Committee) (Recommended by the Director of Finance)** ITEM 23. An Ordinance TO FURTHER AMEND THE SPECIAL REVENUE FUND BUDGET by transferring $200, from Fund 031 Neighborhood Allocation Fund Balance and appropriating $150, to Changed Lives Christian Center for environmental remedial measures and $50, to Title 1 Eligibilities. (Submitted by the Mayor and the Administration, Budget and Finance Committee) (Recommended by the Director of Finance)**

7 Agenda February 24, ITEM 24. An Ordinance TO FURTHER AMEND THE GENERAL FUND BUDGET by transferring $25, of Fund 001 General Fund from City Clerk Election Expense to Sloss Furnaces to complete the funding for the City s $1,000, commitment for the Visitor s Center. (Submitted by the Mayor) (Recommended by the Director of Finance)** P ITEM 25. An Ordinance to change the dates of elections for Mayor, City Council and Board of Education by adopting the dates now or hereafter provided by the Code of Alabama, 1975, Article 2, Chapter 46 of Title 11, to provide for greater time between a Regular Election and any following Runoff Election to comply with state and federal requirements regarding absentee and provisional balloting and provide adequate time for absentee voters in Runoff Elections. (Submitted by the City Attorney) (Recommended by the Mayor, Chairman of the Election Committee)** ITEM 26. An Ordinance granting and conveying a Fiber Optic Franchise to Access Fiber Group, Inc. to allow use of the rights-of-way of the City of Birmingham in and to those portions of the City rights-of-way which are set forth under the terms and conditions of the agreement. (Submitted by the City Attorney) (Recommended by the Administration, Budget and Finance Committee)** ITEM 27. An Ordinance to correct the Third Amendment to the Franchise Agreement with MCI to change the number of additional linear footage of fiber optic cable in the City s rights-of-way due to engineering error. (Submitted by the City Attorney) (Recommended by the Administration, Budget and Finance Committee)**

8 Agenda February 24, ITEM 28. An Ordinance authorizing the Mayor to execute a Project Development Agreement with Sloss Foundation, Inc. under which the City will retain the services of Sloss Foundation, Inc. for $1,000, to facilitate the design and engineering for the renovation and expansion of the interpretive museum facilities at Sloss Furnaces which is planned to include the construction of a Visitor s Center with an Exhibit Gallery, the stabilization of the on-site historic structures, and making improvements to the parking. (Submitted by the City Attorney) (Recommended by the Mayor and the Administration, Budget and Finance Committee)** CONSENT ITEM 29. An Ordinance renaming ACIPCO Industrial Drive North from its intersection with Daniel Payne Drive and extending northward to its intersection with Republic Street as Daniel Payne Industrial Drive. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits and the Public Improvements Committee)** ITEM 30. A Resolution authorizing the Mayor to execute a Property Transfer Agreement with the City Board of Education of Birmingham, Alabama under which the Board of Education will transfer its interest in surplus school properties known as Banks School, Old Carver School, Elyton School, and Powell School to the City to satisfy the Board of Education s obligation to transfer to the City real property having a total value of $3,205, (Submitted by the City Attorney) (Recommended by the Mayor, and the Administration, Budget and Finance Committee) ITEM 31. A Resolution authorizing the Mayor to execute an agreement with Changed Lives Christian Center, Inc. under which the City will provide up to $215, to be utilized for acquisition closing costs for the property located at th Avenue North, Birmingham, and professional fees and costs in connection with the project, not more than $150, for costs of remediating the property, and up to an additional $1,784, to redevelop the property into a homeless shelter, with the entire Loan being funded from Fund 91, Project No (Submitted by the Mayor and the Administration, Budget and Finance Committee) (Recommended by the Director of Community Development)**

9 Agenda February 24, ITEM 32. A Resolution authorizing the Mayor to execute a First Amendment to the Intergovernmental Agreement with the Housing Authority of the Birmingham District under which the scope of infrastructure work on the HOPE VI Tuxedo Court Project eligible for City funding will be expanded to include development of a public park and design work for a portion of the Ensley Trail, and the deadline for the expenditure of the City s funding in support of the project will be extended from March 27, 2009 to September 27, (Submitted by the City Attorney) (Recommended by the Mayor and the Administration, Budget and Finance Committee)** CONSENT ITEM 33. A Resolution authorizing the Mayor to enter into a Right of Way Encroachment License Agreement whereby PRE, Inc. is allowed to enter upon City right of way to install and maintain a groundwater monitoring well to be located within the right of way at th Street North, Birmingham. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits and the Public Improvements Committee) ITEM 34. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Elyton School Headstart Program from the increased Sales Tax Assessment for Vision Scholars in the amount of $13,000, (Submitted by the Mayor) (Recommended by the Director of Finance) ITEM 35. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Elyton School Headstart Program from the increased Sales Tax Assessment for Vision Scholars in the amount of $13.5 million. (Submitted by the Mayor) (Recommended by the Director of Finance)

10 Agenda February 24, ITEM 36. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Elyton School Headstart Program from the increased Sales Tax Assessment for Vision Scholars and the Birmingham Fund in the amount of $14,000, (Submitted by the Mayor) (Recommended by the Director of Finance) ITEM 37. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Railroad Reservation Park Amphitheater in the amount of $5,000, through the issuance of Tax Increment Financing District Warrants. (Submitted by the Mayor) (Recommended by the Director of Finance) ITEM 38. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Zoo Development Project in the amount of $4.3 million from the Birmingham Fund. (Submitted by the Mayor) (Recommended by the Director of Finance) ITEM 39. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Zoo Development Project in the amount of $10.3 million from the increased business licenses dedicated to infrastructure including the dome stadium and street resurfacing. (Submitted by the Mayor) (Recommended by the Director of Finance) ITEM 40. A Resolution authorizing the Mayor to prepare and submit to the Council all necessary documents, including but not limited to ordinances, policies, contracts and resolutions necessary to implement the Zoo Development Project in the amount of $36,000, from the General Fund Budget for the next twenty (20) years. (Submitted by the Mayor) (Recommended by the Director of Finance)

11 Agenda February 24, ITEM 41. A Resolution authorizing the Mayor to execute an appointment letter appointing the law firm of Campbell, Gidiere, Lee, Sinclair and Williams, PC to provide legal services in an amount not to exceed $150, per annum, in certain litigation and other legal matters on behalf of the City. (Submitted by the Mayor) (Recommended by the City Attorney and the Administration, Budget and Finance Committee) CONSENT ITEM 42. A Resolution approving the discretionary contract with Michael Glenn of Creative Catering by Ambrosia, in an amount not to exceed $3,100.00, to prepare and serve food to the citizens attending the District Seven Town Hall Meeting to be held Friday, February 20, 2009 at Greater Shiloh Baptist Church, and authorizing the Mayor to execute the discretionary contract (Submitted and Recommended by Councillor Witherspoon) CONSENT ITEM 43. A Resolution approving the contract with The Agape Foundation, Inc., Birmingham, in an amount not to exceed $50,000.00, renewable annually subject to funds availability, to provide permanent and stable housing for individuals and families affected with HIV/AIDS, provide basic necessities for everyday living, and authorizing the Mayor to execute the contract. [Appropriated in the FY2009 Budget; GL Account: 001_400_96600_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent) CONSENT ITEM 44. A Resolution approving the agreement with Operation New Birmingham, in the amount of $2,500.00, to submit an application to the Alabama Historical Commission for a grant to survey and register the Fountain Heights Historic District, and authorizing the Mayor to execute the agreement. [Appropriated in the FY2009 Budget; GL Account: 031_200_12120_12124_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Community Development)

12 Agenda February 24, CONSENT ITEM 45. A Resolution approving the agreement with Vulcan Park Foundation, in the amount of $2,000.00, for annual activities for the Thunder on the Mountain Show on July 4, 2009 at Vulcan Park, and authorizing the Mayor to execute the agreement. [Appropriated in the FY2009 Budget; GL Account: 031_200_12170_12171_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Community Development) CONSENT ITEM 46. A Resolution approving the appointment of BJCC Productions, Birmingham, in the amount of $20,000.00, to assist the Mayor s Office of Public Information with the production of a new City of Birmingham employee orientation DVD and other marketing promotions, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2009 Budget; GL Account: 001_031_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent) CONSENT ITEM 47. A Resolution approving the amended appointment of Williams Blackstock Architects, Birmingham, in the additional amount not to exceed $88,175.00, to provide architectural and engineering design services for the Parking Deck #3 Project which increases the amount to be paid to the contractor to $401,175.00, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2009 Budget; GL Account: 127_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and CONSENT ITEM 48. A Resolution approving the appointment of Buildings and Earth Sciences, Inc., Birmingham, in the total amount of $5,000.00, $2, for the East Lake Library and $2, for the Powderly Library, to provide subsurface exploration and geotechnical services, and authorizing the Mayor to execute the appointment letters. [Appropriated in the FY2009 Budget; GL Account: 129_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and

13 Agenda February 24, CONSENT ITEM 49. A Resolution approving the appointment of Exford Architects, Birmingham, in the amount of $185,050.00, to provide architectural and engineering design services for the Fountain Heights Recreation Center Project, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2009 Budget; GL Account: 129_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and CONSENT ITEM 50. A Resolution approving the appointment of Exford Architects, Birmingham, in the total amount of $112,250.00, to provide architectural and engineering design services for the Apple Valley Recreation Center Project, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2009 Budget; GL Account: 129_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and CONSENT ITEM 51. A Resolution approving the appointment of Main Street Birmingham, Inc., Birmingham, in the amount of $5,000.00, to manage the public involvement process, review and edit work deliverables, assist with the design and publication of the architectural guide and history of Ensley s commercial district, and to assist with the design and publication of a history of the Ensley Commercial district and Tuxedo Junction for the Ensley Historic Building Survey and the National Register Nomination, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2009 Budget; GL Account: 035_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and ITEM 52. A Resolution approving the Application for incorporation of The Medical Center Governmental Utility Services Corporation of Birmingham and authorizing the applicants to proceed to form the corporation by filing for record the certificate of incorporation in accordance with the provisions of Section of the Code of Alabama, and appointing three (3) members to serve on the board, one (1) term expiring January 1, 2011, one (1) term expiring January 1, 2013, and one (1) term expiring January 1, (Submitted and Recommended by the Mayor)**

14 Agenda February 24, CONSENT ITEM 53. A Resolution fixing a Sales Tax Assessment in the amount of $1,808.55, against Marcus Smith, the person responsible for the collection and remittance of the tax, doing business as 4 th Avenue Convenience Store for the period of May, 2005, August, 2006, September, 2007, December, 2007, January, 2008, June, 2008, July, 2008, September, 2008, October, 2008, November, 2008, and December, (Submitted by the Mayor) (Recommended by the Director of Finance) CONSENT ITEM 54. A Resolution fixing a Sales Tax Assessment in the amount of $1,680.32, against L and D Investment, Inc. and James L. Burleson, the person responsible for the collection and remittance of the tax, doing business as Ber- Vel Dist Company for the period of October, 2006 and July, 2007 through December, (Submitted by the Mayor) (Recommended by the Director of Finance) ITEM 55. A Resolution removing one (1) parcel of property from the Tax Collector of Jefferson County for collection with property taxes due to being submitted in error. (Submitted by the City Attorney) (Recommended by Councillor Witherspoon, Chairperson, Public Improvements Committee)** CONSENT ITEM 56. A Resolution determining that the District Five Town Hall Meeting to be held Tuesday, February 24, 2009 at the Fanaei Building, serves a public purpose that promotes goodwill and serves a public interest and requesting that City funds be used to pay for this event. (Submitted and Recommended by Councillor Austin)** CONSENT ITEM 57. A Resolution determining that the District Eight Legacy Town Hall Luncheon to be held Saturday, March 21, 2009 at Birmingham Southern College, serves a public purpose that promotes goodwill and serves a public interest and requesting that City funds be used to pay for this event. (Submitted and Recommended by Councillor Hoyt)**

15 Agenda February 24, CONSENT ITEM 58. A Resolution determining that A Salute to Quiet Heroes Celebration, sponsored by the National CARES Mentoring Movement, to be held Friday, February 27, 2009 at the Harambe Room, serves a public purpose that promotes goodwill and serves a public interest and requesting that City funds be used to pay for this event. (Submitted and Recommended by Councillor Royal)** CONSENT ITEM 59. A Resolution determining that the building or structure located at 5936 Malcolm Avenue, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 60. A Resolution determining that the building or structure located at 5621 Sugar Ray Drive, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 61. A Resolution determining that the building or structure located at 5040 Whatley Street, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 62. A Resolution determining that the building or structure located at th Place S.W., Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 63. A Resolution determining that the building or structure located at th Court North (Duplex), Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and

16 Agenda February 24, CONSENT ITEM 64. A Resolution determining that the building or structure located at th Court North, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 65. A Resolution determining that the building or structure located at nd Place North, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 66. A Resolution determining that the building or structure located at rd Avenue North, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 67. A Resolution determining that the building or structure located at nd Place SW, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 68. A Resolution determining that the building or structure located at th Street SW, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 69. A Resolution fixing a special assessment in the amount of $1, against the property located at nd Avenue South, Birmingham, for the cost

17 Agenda February 24, CONSENT ITEM 70. A Resolution fixing a special assessment in the amount of $3, against the property located at th Street Ensley, Birmingham, for the cost CONSENT ITEM 71. A Resolution fixing a special assessment in the amount of $9, against the property located at 3525 Norwood Boulevard, Birmingham, for the cost CONSENT ITEM 72. A Resolution fixing a special assessment in the amount of $2, against the property located at th Avenue North, Birmingham, for the cost CONSENT ITEM 73. A Resolution fixing a special assessment in the amount of $2, against the property located at th Street Thomas, Birmingham, for the cost CONSENT ITEM 74. A Resolution fixing a special assessment in the amount of $6, against the property located at th Street North, Birmingham, for the cost

18 Agenda February 24, CONSENT ITEM 75. A Resolution fixing a special assessment in the amount of $5, against the property located at 2520 Warrior Road, Birmingham, for the cost incurred for the demolition of an unsafe building or structure (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 76. A Resolution fixing a special assessment in the amount of $10, against the property located at st Avenue North, Birmingham, for the cost CONSENT ITEM 77. A Resolution fixing a special assessment in the amount of $3, against the property located at 2 22 nd Avenue West (A,B,C), Birmingham, for the cost incurred for the demolition of an unsafe building or structure (Submitted by CONSENT ITEM 78. A Resolution fixing a special assessment in the amount of $5, against the property located at st Way North, Birmingham, for the cost CONSENT ITEM 79. A Resolution fixing a special assessment in the amount of $4, against the property located at 3016 Anniston Avenue, Birmingham, for the cost

19 Agenda February 24, CONSENT ITEM 80. A Resolution fixing a special assessment in the amount of $5, against the property located at 7314 London Avenue, Birmingham, for the cost CONSENT ITEM 81. A Resolution fixing a special assessment in the amount of $10, against the property located at th Street North, Birmingham, for the cost CONSENT ITEM 82. A Resolution fixing a special assessment in the amount of $3, against the property located at 907 Avenue F Pratt City, Birmingham, for the cost CONSENT ITEM 83. A Resolution fixing a special assessment in the amount of $2, against the property located at 416 Templeton Road, Birmingham, for the cost CONSENT ITEM 84. A Resolution fixing a special assessment in the amount of $2, against the property located at th Court North (Duplex), Birmingham, for the cost incurred for the demolition of an unsafe building or structure (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and

20 Agenda February 24, CONSENT ITEM 85. A Resolution authorizing the Director of Planning, Engineering and Permits to issue a building permit to Neuburn David Edwards, the owner or agent of the property located at 1481 Tin Mill Road, Birmingham, which was condemned by the Council February 13, 2007, in order to remove the weeds and trash from the premises within ten (10) days of permit issuance and to commence and make substantial repairs within 30 days of permit issuance, one (1) permit having been voided due to the lack of substantial repairs. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 86. A Resolution authorizing the Director of Planning, Engineering and Permits to issue a building permit to Daniel Ejide, the owner or agent of the property located at nd Street Thomas, Birmingham, which was condemned by the Council February 10, 2009 in order to remove the weeds and trash from the premises within ten (10) days of permit issuance and to commence and make substantial repairs within 30 days of permit issuance, one (1) permit having been voided due to the lack of substantial repairs. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and CONSENT ITEM 87. A Resolution accepting the lump sum bid of Coston General Contractors, Inc., Bessemer, Alabama, in the amount of $99,468.00, to perform pool rehabilitations at Underwood Park, this being the lowest bid submitted meeting specifications, and authorizing the Mayor to execute the contract in accordance with said bid. [Appropriated in the FY2008 Budget; PR129CP and 129_ ] (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering, and (Two Bids Submitted) CONSENT ITEM 88. A Resolution authorizing the Director of Finance to make one (1) refund in the amount of $1, (Submitted by the Mayor) (Recommended by the Director of Finance)**

21 Agenda February 24, ITEM 89. A Resolution approving the following estimated Expense Account: (Submitted by the Mayor) (Recommended by the Director of Finance)** R. Scott Colson, Assistant to the Mayor, Office of the Mayor, Washington, D.C., $1,173.00, March 19 22, 2009, to attend Sister City Board Meeting. ITEM 90. A Resolution approving the estimated expense accounts of city employees. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 91. A Resolution setting a public hearing June 16, 2009 to consider the adoption of an Ordinance annexing into the City a acre or square mile tract of land located at 5001, 5111 and 5115 Cahaba River Road in unincorporated Jefferson County, as petitioned by LAKD Land Holdings, LLC, property owners, in accordance with Act Number 32, Alabama Legislature 1964, 1 st Special Session. (Submitted by the City Attorney) (Recommended by the Director of Planning, Engineering and Permits and the Administration, Budget and Finance Committee)** OLD AND NEW BUSINESS PRESENTATIONS REQUESTS FROM THE PUBLIC ADJOURNMENT