AGENDA REGULAR MEETING OF THE COUNCIL CITY OF BIRMINGHAM, ALABAMA CITY COUNCIL CHAMBERS THIRD FLOOR CITY HALL. February 3, :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 3, :30 A.M. WEB SITE ADDRESS: COUNCIL WEB SITE ADDRESS: INVOCATION: Bishop Calvin Woods, Sr., Pastor of Shiloh Baptist Church PLEDGE OF ALLEGIANCE: Councilor Sheila Tyson ROLL CALL MINUTES NOT READY: October 14, January 27, 2015 COMMUNICATIONS FROM THE MAYOR ANNOUNCEMENT OF BOARDS AND AGENCIES EXPIRATIONS March 2015 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 3, CONSIDERATION OF ORDINANCES AND RESOLUTIONS FOR FINAL PASSAGE ITEM 1. A Resolution granting five (5) Certificates of Public Necessity and Convenience to Silver Cab Company, Inc., 1713 Lomb Avenue, Birmingham, to operate a taxicab service in the City of Birmingham. (Submitted by the City Attorney) (No Recommendation by the Transportation and Communications Committee) INTRODUCTION AND FIRST READING OF ORDINANCES AND RESOLUTIONS CONSENT ITEM 2. A Resolution authorizing the Mayor to execute a Project Agreement with Birmingham Realty Company under which Birmingham Realty will negotiate a lease with Perry s Steakhouse & Grille and contribute financial assistance for tenant improvements estimated at $5,000, for the development of a restaurant in the building that formerly housed the TGI Fridays Restaurant located at 4 Perimeter Park South, Birmingham. The City will provide financial incentives in an amount not to exceed $200, payable in four annual payments equal to the lesser of $60, or 25% of the project sales tax revenue generated by Perry s Steakhouse & Grille in the preceding fiscal year. (Submitted by the City Attorney) (Recommended by the Mayor and the Budget and Finance Committee)** CONSENT ITEM 3. A Resolution authorizing the Mayor to enter into a Right of Way Encroachment License Agreement whereby Coyote Logistics, LLC is allowed to install two (2) signs in the right of way at st Avenue North, Birmingham. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits and the Public Improvements Committee)

3 Agenda February 3, ITEM 4. A Resolution authorizing the Mayor to execute an Agreement for Feasibility Study for the Birmingham Museum of Art between the City of Birmingham, the Birmingham Museum of Art and Davis Architects, Inc. to develop a concept plan to determine the feasibility of renovating and expanding the Birmingham Museum of Art s facilities on its current site. The Total cost of the study will be approximately $270, The City of Birmingham will contribute $100, to the project and the Birmingham Museum of Art will raise the balance of approximately $170, from grants, patrons, and other private funding. (Submitted by the City Attorney) (Recommended by the Director of the Museum of Art) ITEM 5. A Resolution authorizing the Mayor to execute a Loan Credit Agreement with Ezell s Express Crestwood, LLC under which the City will provide a Birmingham Business Development Loan to Ezell s in an amount not to exceed $150, for a term of 24 months at an interest rate of 2.74% per annum. The loan will be secured by an Irrevocable Letter of Credit. The loan proceeds will be used in connection with the build-out, equipment and initial start-up costs of a fast-causal restaurant that serves catfish and comfort food, to be located at 7724 Crestwood Boulevard, Birmingham. (Submitted by the City Attorney) (Recommended by the Mayor and the Budget and Finance Committee) ITEM 6. A Resolution authorizing the Mayor to execute an Agreement with Planet Technologies, Inc. under which Planet Technologies will provide consultant services and the implementation of a new 311 Call Center Solution in an amount not to exceed $146, (Submitted by the City Attorney) (Recommended by the Director of Information Management Services)

4 Agenda February 3, CONSENT ITEM 7. A Resolution authorizing the Mayor to issue, on behalf of the City, a firm commitment to allocate $1,300, of the City s HUD HOME Investment Partnership (HOME) funds to Princeton Village LTD for the development of up to 96 units of affordable housing in the West End area in support of Princeton Village LTD s application to the Alabama Housing Finance Authority (AHFA) for Low Income Housing Tax Credits and, if the project receives tax credits from the AHFA in the 2015 funding round, to disburse the $1,300, to Princeton Village LTD from the City s HOME funds. (Submitted by the Mayor) (Recommended by the Director of Community Development and the Budget and Finance Committee)** ITEM 8. A Resolution authorizing the Mayor of the City of Birmingham, Alabama to apply for a grant from the U. S Department of Justice Assistance Violent Gang and Gun Crime Reduction Program, Department of Justice (the 2015 Grant ), and to execute a Memorandum of Understanding with the U.S. Attorney s Office, and the University of Alabama at Birmingham for administration of the 2015 Grant which authorizes the City to function as the Fiscal Agent if awarded, to disburse the funds to the parties, and to administer the 2015 Grant program. (Submitted by the Mayor) (Recommended by the Chief of Police)** ITEM 9. A Resolution (1) finding that the activities associated with the Easter Egg Hunt at Harrison Park on Saturday, April 2, 2015, constitutes a public purpose pursuant to Section , Code of Alabama, 1975; (2) authorizing the expenditure of the total amount of $ to purchase goods and services for the event, to be paid from funds made available for the Oakwood Place Neighborhood Association for this purpose, subject to the availability of funds remaining in the allocation for the Oakwood Place Neighborhood Association. (Submitted by the City Attorney) (Recommended by the Mayor and the Budget and Finance Committee)**

5 Agenda February 3, ITEM 10. A Resolution (1) finding that the allocation of up to $ for the City to provide calling post services, which will be utilized to announce neighborhood association and related Advisory Committee events, constitutes a public purpose; (2) authorizing the expenditure of the total amount of $100.00, to be paid from funds made available to the Killough Springs Neighborhood Association for this purpose, subject to the availability of funds remaining in the allocation for the Killough Springs Neighborhood Association. (Submitted by the City Attorney) (Recommended by the Mayor and the Budget and Finance Committee)** ITEM 11. A Resolution (1) finding that the appropriation of funds to the Birmingham Board of Education so that the Birmingham Board of Education can support the travel of the Wenonah High School girls basketball team, to a tournament in Newark, New Jersey, serves a public purpose and that the total amount of $ from the Oxmoor Neighborhood Association be used for this purpose, subject to the availability of funds remaining in the allocation for the neighborhood association and to rescind Resolution No , adopted on January 20, 2015, which granted the total payment of $ to the Birmingham Board of Education to be provided to the Wenonah High School girls basketball team in support of their travel to a tournament in Newark, New Jersey. (Submitted by the City Attorney) (Recommended by the Mayor and the Budget and Finance Committee)** ITEM 12. A Resolution appointing one (1) member to the Birmingham Planning Commission to fill the unexpired term of Lawrence Walker, resigned, said term to expire October 6, (Submitted by Councilor Roberson, Chairman, Planning and Zoning Committee) (Recommended by the Planning and Zoning Committee) CONSENT ITEM 13. A Resolution fixing a special assessment in the amount of $2, against the property located at 6449 Division Avenue, 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 Permits)

6 Agenda February 3, CONSENT ITEM 14. A Resolution fixing a special assessment in the amount of $3, against the property located at 7317 Sparta Avenue, 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 Permits) CONSENT ITEM 15. A Resolution fixing a special assessment in the amount of $4, against the property located at th Street West, 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 Permits) ITEM 16. A Resolution rescinding Resolution No , adopted by the City Council on October 14, 2014, accepting the unit price bid of Johnson Kreis Construction Inc., 160 Village Street, Suite 100, Birmingham, in the amount of $419, for the Florentine Building Sidewalk Improvement Project, due to the bid amount being incorrect. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits). ITEM 17. A Resolution accepting the unit price bid of Johnson Kreis Construction Inc., 160 Village Street, Suite 100, Birmingham, in the amount of $420, for the Florentine Building Sidewalk Improvement Project, this being the lowest bid submitted meeting specifications, and authorizing the Mayor to enter into a contract with Johnson Kreis Construction Inc., in accordance with said bid, providing that the total contract not exceed the appropriation. (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits)

7 Agenda February 3, CONSENT ITEM 18. A Resolution accepting the lump sum bid of Alabama Accessibility, Inc., Prattville, Alabama, in the amount of $32, for ADA Pool Lifts for City-Owned Buildings at McAlpine Park, Grayson Park and Underwood Park, this being the lowest and best bid submitted, and authorizing the Mayor to enter into a contract with Alabama Accessibility, Inc., in substantially the form contained within the proposal documents and in accordance with said bid, providing that the total compensation payable under the contract not exceed the appropriation. [Project Code: PR135CP ; GL Account: 135_ ] (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits) (Two Bids Submitted) CONSENT ITEM 19. A Resolution accepting the lump sum bid of Building Specialties Company, Inc., 2187 Ruffner Road, Birmingham, in the amount of $26, for Inglenook Recreation Center Storefront Repair, this being the lowest and best bid submitted, and authorizing the Mayor to enter into a contract with Building Specialties Company, Inc., in substantially the form contained within the proposal documents and in accordance with said bid, providing that the total compensation payable under the contract not exceed the appropriation. [Project Code: PR135CP ; GL Account: 135_ ] (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits) (One Bid Submitted) CONSENT ITEM 20. A Resolution accepting the lump sum bid of Richardson Construction Company, Inc., 1003 Bramble Lane, Birmingham, in the amount of $193,000.00, for A.G. Gaston Park Renovations (Rebid), this being the lowest and best bid submitted, and authorizing the Mayor to enter into a contract with Richardson Construction Company, Inc., in substantially the form contained within the proposal documents and in accordance with said bid, providing that the total compensation payable under the contract not exceed the appropriation. [Project Code: PR135CP ; Project Code: PR135CP ] (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits) (Six Bids Submitted)

8 Agenda February 3, ITEM 21. A Resolution accepting the unit price bid of Utility Lines Construction Services, Inc., th Street North, Birmingham, in the amount of $326,136.00, for Citywide Street Light Maintenance, this being the lowest bid submitted meeting specifications, and authorizing the Mayor enter into a contract with Utility Lines Construction Services, Inc., in accordance with said bid, providing that the total contract not exceed the appropriation. [Project Code: TE046CP ; G/L Accounts: 046_ and 001_052_ ] (Submitted by the Mayor) (Recommended by the Director of Planning, Engineering and Permits) (One Bid Submitted) CONSENT ITEM 22. A Resolution authorizing the Director of Finance to make seven (7) refunds in the total amount of $148, (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 23. A Resolution approving the following Expense Account: (Submitted by the Mayor) (Recommended by the Director of Finance)** Emily Frost, Assistant to the Mayor, Mayor, Washington, District of Columbia, $1,359.76, January 21-24, 2015, to attend U S Conference of Mayors and Mayor s Innovation Project ITEM 24. A Resolution approving the following Expense Account: (Submitted by the Mayor) (Recommended by the Director of Finance)** Chuck Faush, Chief of Staff, Mayor s Office, New York, New York, $1,643.95, February 12, 2015 February 15, 2015, US Conference of Mayors Winter Leadership Meeting ITEM 25. A Resolution approving the itemized expense accounts of city employees. (Submitted by the Mayor) (Recommended by the Director of Finance)**

9 Agenda February 3, ITEM 26. A Resolution approving the itemized expense accounts of city employees. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 27. A Resolution approving the advanced expense accounts of city employees. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 28. A Resolution setting a public hearing March 10, 2015, to consider the adoption of a resolution assenting to the vacation of 637 square feet of air rights in the 1 st Avenue North alley that runs parallel to and between 1 st Avenue North and 2 nd Avenue North and perpendicular to and between 18 th Street North and 19 th Street North, on behalf of PIZITZ L.L.C., SWS-GA REALTY INC, AND NEW IDEAL, LLC, owner, so that a new crosswalk can be constructed from a parking deck to the Pizitz Building Case No. SUB (Submitted by Councilor Tyson, Chairperson, Public Improvements Committee) (Recommended by Subdivision Committee of the Birmingham Planning Commission) (No Recommendation by the Public Improvements Committee)** ITEM 29. A Resolution setting a public hearing March 10, 2015, to consider the adoption of a resolution assenting to the vacation of 26,296 square feet of Powell Avenue that runs parallel to and between Morris Avenue and 1 st Avenue South and perpendicular to and between 18 th Street and 19 th Street, on behalf of Alabama Power Company, owner, so that the Alabama Power Steam Plant can be reinvented to support economic development in the City Case No. SUB (Submitted by Councilor Tyson, Chairperson, Public Improvements Committee) (Recommended by Subdivision Committee of the Birmingham Planning Commission) (No Recommendation by the Public Improvements Committee)**

10 Agenda February 3, CONSENT ITEM 30. A Resolution finding that the following nineteen (19) properties have noxious or dangerous weeds growing thereon declaring said properties to be a public nuisance and providing that notice shall be posted on each of said properties and notice sent by certified mail to the last person assessing these properties for state taxes and further providing for a public hearing March 10, 2015 to hear and consider all objections or protests to proposed abatement of these nuisances by the City: (Submitted by the City Attorney) (Recommended by Councilor Tyson, Chairperson, Public Improvements and Beautification Committee) RR; 249 MCCORMICK AVE, LOT 13 BLK 4 MEADOWDALE ESTS RR; 1218 AVENUE H, LOTS BLK 12-G ENSLEY LD COS 2ND ADD TO ENSLEY RR; 1516 AVENUE G, LOTS 15 & 16 BLK 15-F ENSLEY RR; 748 VANDERBILT ST, LOT 8 BLK 5 HOWARD COLLEGE ESTATES RR; 3807 EATMON DR, POB 350 FT S OF & 98 FT W OF SW INTERSEC OF GILLESPIE RD & WOODWARD DR TH W 85 FT TH S 126 FT TH E 85 FT TH N FT TO POB IN NE4 OF NW4 SEC 21 TP 18 R 4W RR; ND AVE N, LOT 22 BLK 5 HARRIMAN PARK RR; 1323 AVENUE K, LOTS 11 & 12 BLK 13-K ENSLEY LAND COMPANYS SECOND ADDITION TO ENSLEY RR; 1325 AVENUE K, LOTS BLK 13-K ENSLEY LAND COMPANYS SECOND ADDITION TO ENSLEY RR; 1405 AVENUE K, NW 75 FT OF LOT 3 & SW 17.5 FT OF NW 75 FT OF LOT 2 BLK 14-K ENSLEY LAND COS SECOND ADDITION TO ENSLEY RR; 405 OREGON ST, LOT 2 BLK 4 HOBSON RR; 213 MEMPHIS ST, LOT 2 BLK 4 HOBSON RR; TH CT N, LOT 3 BLK 13 EASTWOOD SUB RR; TH CT N, LOT 11 BLK 7 EASTWOOD SUB RR; TH AVE N, LOT 5 BLK 9 EASTWOOD SUB RR; 7947 RUGBY AVE, LOT 1 BLK 30 SOUTH HIGHLANDS OF EAST LAKE

11 Agenda February 3, RR; 614 AVENUE X, LOT 5 BLK 2 TUXEDO HTS RR; 520 6TH ST, LOT 14 BLK 13 ENSLEY LD CO ADD TO PRATT CITY RR; 6208 COURT O, LOT 9 BLK 1 DOBBINS BROS CENTRAL PARK ADD 2ND SECTOR RR; 1530 MEADOW LN, LOT 9 BLK 5 DOBBINS BROS CENTRAL PARK ADD - 2ND SECTOR OLD AND NEW BUSINESS PRESENTATIONS REQUEST FROM THE PUBLIC ADJOURNMENT