REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF HOMEWOOD, ALABAMA March 23, 2015 The City Council of the City of Homewood, Alabama convened in Regular Session on Monday, March 23, 2015 at City Hall at 6:00 p.m. The invocation was given by Pastor Nic Seaborn of Raleigh Avenue Baptist Church, after which the pledge of allegiance was given. The meeting was called to order by the President, Bruce Limbaugh. Upon Roll Call, the following were present: Michael Hallman, Britt Thames, Fred Hawkins, Patrick McClusky, Walter Jones, Barry Smith, Heather Reid, Rich Laws, Peter Wright and Bruce Limbaugh. Absent: Vance Moody. Also present were: Mike Kendrick, City Attorney; and Linda Cook, City Clerk. At this time, Mrs. Smith moved to dispense with the reading of the Minutes of the Regular Council Meeting of February 9, 2015 and approve them as distributed. Mr. Hallman seconded the motion. At this time, Mr. Limbaugh asked if the Council had any recommendations or appointments to be made regarding board vacancies. Mr. McClusky moved to appoint Mr. Ty Cole to the Board of Zoning Adjustments for Ward 3. Mr. Jones seconded the motion. Mr. Wright stated that the Ward 5 School Board position would be opened April 1, 2015 and would be closed on April 30, 2015. At this time, Mr. Limbaugh amended the published agenda to add the following Items to the Committee Referral Agenda: Item No. 19.03.15 Request for consideration to authorize Mayor to enter into an agreement with Alabama Power for the installation, power and maintenance of 21 decorative concrete light poles, with glass acorn lamps for the West Homewood Revitalization Project Jim Wyatt/Building, Engineering and 1
Zoning Department Finance Committee; Item No. 20.03.15 Request for consideration to accept Homeland Security Grant issued through Jefferson County EMA for the amount of $8,972.15 Fire Department/Chief Bresnan Finance Committee; Item No. 22.03.15 Request for consideration to open restaurant in West Homewood Revitalization District Fred Hawkins/Morgan Duncan Finance Committee; and Item No. 23.03.15 Request for consideration of a Bikeshare Analysis Proposal Heather Reid/Britt Thames Planning and Development Committee. Mr. Limbaugh further amended the published agenda to add the following Item to the Other New Business Agenda: Item No. 21.03.15 Request to set a Public Hearing for April 13, 2015 at 6:00 p.m. and referral to the Special Issues Committee for consideration of a variance to the sign ordinance at 808 Green Springs Highway (Mazer s) Chris Hoyt/Greg Cobb/Building, Engineering and Zoning Department. Mr. Limbaugh further amended the published Council Agenda to add the following Items of Old Business from the Planning and Development Committee, Public Safety Committee and Finance Committee which met earlier tonight prior to the Council Meeting: Item No. 06.12.14 Request for consideration of vacation of unopened portion of 18 th Street South between 2501 18 th Street South, 2513 18 th Street South and 2517 18 th Street South Vanessa McGrath/Building, Engineering and Zoning Department/Homewood Planning Commission; Item No. 07.12.14 Request for consideration of the favorable recommendation of the Homewood Planning Commission at its meeting held September 2 nd on a vote of 6-0 to rezone the property located at 2501, 2513 and 2517 18 th Street South Parcel ID. Nos. 28-00-07-2-0010-051.00, 28-00-07-2- 0010-052.00 and 28-00-07-2-0010-053.00 from C-1 (Commercial Office District) to I-2 (Institutional District) Applicant Joseph A. Miller, III/Owner North American Islamic Trust, Inc. Purpose for additional school parking Vanessa McGrath/Building, Engineering and Zoning Department/Homewood Planning Commission; Item No. 05.03.15 Request to set a Public Hearing for April 13, 2015 - Request for consideration of review and approval of the following items to create the Homewood Community Development Review Committee mandated by the West Homewood District. 1) Homewood Community Development Review Committee (CDRC) Operating Procedures 2) Community Development Review Committee (CDRC) Warrant Request Form Vanessa McGrath/Senior Planner/Building, Engineering and Zoning Department; Item No. 03.03.15 Request for consideration of an ABC 020 Restaurant Retail Liquor License application for T B Concepts of Brookwood Village, LLC. d/b/a Hickory Tavern located at 595 Brookwood Village Brad Smith/Whitney Paxton/City Clerk; Item No. 04.03.15 Request for consideration of an ABC 040 Retail Beer (On or Off Premises) and ABC 060 Retail Table Wine (On or Off Premises) for Champagne Cascade LLC d/b/a/ Neighborhood Hops and Vine located at 1712 28 th Avenue South; Item No. 14.03.15 Request for consideration of no jake brake signs on I-65 Mary 2
Beth Sauer/Walter Jones; Item No. 02.03.15 Request for consideration to authorize Mayor McBrayer to enter into an agreement with Pless Appraisals to appraise the property identified by Goodwin, Mills and Cawood as the best location to provide access to the West end of the Greenway Trail Phase II Project Jim Wyatt/Building, Engineering and Zoning Department; Item No. 10.03.15 Request for consideration to adopt an Ordinance to declare surplus property the following items: Two (2) International 7400 Cab and Chassis, Year Model 2014 for the purpose of trade-in and additional funding needed to purchase two (2) new 2016 International Cab and Chassis Berkley Squires/Public Service Director/Mayor Scott McBrayer. Mr. Limbaugh asked the Council if there were any other amendments to the published agenda. There was no response from the Council. Mr. Thames moved to approve the Council Agenda as amended. Mr. McClusky seconded the motion. No items. CONSENT AGENDA OLD BUSINESS AGENDA The first item on the Agenda under Old Business was Item No. 18.02.15 Public Hearing March 23, 2015 for consideration to review changes to Zoning Book and referral to the Planning and Development Committee Vanessa McGrath/Building, Engineering and Zoning Department/Planning Commission Sub-Committee. Mr. Limbaugh declared the Public Hearing opened. Mrs. Vanessa McGrath/Senior Planner/ Homewood Building, Engineering and Zoning Department addressed the Council and stated that the request for zoning book changes had gone through the Planning Commission and received a favorable recommendation and it was sent to the City Council for approval and had gone through the Council s Planning and Development Committee but there was not a recommendation from the Committee pending the Public Hearing tonight. Mrs. McGrath further stated that the first change to the zoning book was in Article 2 Definitions to the definition of property lines, which currently there were three definitions, one for front property lines, one for side property lines and one for rear property lines and that the front property line definition read, any property line along the street right-of-way, side 3
property line definition read, any property line intersecting a street right-of-way line, and rear property line definition read, any other property line, which meant a corner lot had two front property lines and two side property lines and no rear property line and they were requesting that a line be added stating that the for corner lots the address side would be the front line so defining which side would be the front and then they would have two sides and a rear on a corner property. Mrs. McGrath added that the next change requested was in Article 4, District Uses, under Section A, Neighborhood Preservation District (NPD) under the development criteria, Section 3, Sub-Section D Set-Back, Sub- Section 2 Sides, changing the matrix to read Lots widths of 65 feet and over would be changed from where it currently stated 65 feet to 75 feet, which would be deleting 76 feet and over and each side would be 15 percent of the lot width so they would just have a set setback of ten feet versus having a variable setback of 15 percent of the lot width on lots greater than 75 feet. Mrs. McGrath further added that Sub-Section, Subscript 2 would be changed to read a ten foot minimum setback for all floors above the first floor and those were dealing with the two first categories of lot widths between the 40 to 65 feet lots, which had a setback of 5 and 9 on the first floor and 9 and 9 on the first floor with that subscript of 2 that read a ten foot minimum setback for all floors above the first so right now those were stepped in from five and nine to ten and ten and nine and nine to ten and ten and currently it read that they had to have a twenty foot minimum separation between the closest buildings which was a little arbitrary because they were not measuring off of a set line that could be done by a surveyor, it could move, so that would be deleted but an exception to that would be where an automatic sprinkler system shall be installed throughout the structure in accordance to NFPA 13 D and a Section would be added to read or non-combustible exterior veneer siding and no wood roof or shakes are used and the Zoning Administrators may allow the upper floor to follow the variance that backs as the first floor. Mrs. McGrath stated that the next item would be in Section L, C-2, Neighborhood Shopping District which currently in Sub-Section 3, Other Regulations, E, F and G dealt with containers of garbage and trash disposal and all of that would be taken out to be replaced with a Section in the District Development Criteria that would cover all of the commercial uses, not just in the section, so in taking it out of the three zonings that had specific ideas of what happened to garbage and trash and they were going to take it out of there and put it under the District Development Criteria so it would cover all commercial properties so they were deleting that and in C-4 they were deleting that section under Other Regulations that talked about containers for garbage and disposal. Mrs. McGrath further stated that Under C-4 A Retail Shopping District Under Sub-section 3, Other Regulations, Sub-Section D would be removed. Mrs. McGrath added that Under Section PMUD Planned Mixed Use District, under Permitted Uses, Sub-section 2, Sub-section E would be added which would allow outside display of merchandise which was not currently allowed so all the pools and rocking chairs at Lowe s and Wal-Mart were not 4
allowed at this point. Mrs. McGrath further added that Section 8A EURD Edgewood Urban Renewal District Sub-Section 3, Other Regulations, Sub-section C would be removed again dealing with the garbage and trash disposal and then Section BB GURD, Greensprings Urban Renewal District Sub-section 3, Other Regulations, Sub-Section D, again the garbage and trash disposal would be removed. Mrs. McGrath stated that in Article 5, District Development Criteria under Section B, General Setback modifications, Sub-section 5 would be added, Mechanical and Electrical Apparatus which bottoms do not extend more than five feet above bottom grade may project within the required minimum distance from property line to building line would be added which was for mechanical and electrical apparatuses, being air conditioning units, would be allowed within that setback. Mrs. McGrath further stated that Section D, Accessory Structures, Sub-section 6, Rear Yard Accessory Structures shall not be closer than five feet to any side or rear lot line except that rear yard accessory structures of two or more floors currently it read or exceeding 700 total square feet shall not be closer than ten feet to any side or rear lot line and the exceeding 750 square feet would be removed but it had been determined that it might be a little arbitrary since they would not have a good reason as to why it was there. Mrs. McGrath added that Subsection J would be added which was dealing with the garbage and trash disposals, Subsection 1 would read Containers for all garbage and trash disposal shall be located a) at the rear of the business premises, b) on the subject property, c) not in public right-ofways, streets, alleys or parking areas, d) shall be enclosed in a permanent structure designed and constructed so as to completely screen and restrict the view of any containers or receptacles from garbage and trash disposal, e) shall be paved with asphalt or concrete, f) shall be accessible through a public right-of-way, g) shall be maintained to be free from any trash debris or garbage, which meant on the concrete itself, h) collection of the above identified containers or receptacles shall not be permitted between the hours of 8:00 p.m. and 6:00 a.m. Mrs. McGrath further added that Article 9, Administration and Review Procedures, Section A, General Administration, the last section of the last line would be removed which read building permits shall be required for any excavation, construction or alteration and put a permit there and say that the cost of what is $1,000.00 or more which is covered in the building code so it was repetitive and they would not want it to be changed in one and not changed in another so it would be removed from there and they would let the Building Permit Ordinance carry the cost amount. Mr. Limbaugh asked if the Council had any questions or comments for Mrs. McGrath. Mr. Jones asked if Mrs. McGrath could walk him through the process upon which they arrived at this revision. 5
Mrs. McGrath replied that the revisions were due to different items that had come through the Building, Engineering and Zoning Department office and though there was a lot more tweaking they could do with the whole zoning book, these were the issues that had been continuous, so she kept a book that she marked each time an issue would come up that needed to be looked at for revision and that they had a Planning and Development Committee for the Planning Commission, which met and reviewed items that she had tagged and they decided if it needed to be tweaked and reviewed again and that was where they came up with those revisions and there was a three member committee from the Planning Commission. Mr. Thames asked to clarify if on the section where they removed all the trash regulations and added it back in would it be a requirement that all businesses had some type of trash receptacle. Mrs. McGrath replied that it stated that containers for garbage and trash disposal shall be located and she read that as they should have containers. Mr. Thames asked that since they had a retreat coming up next month with the Council, Planning Commission and BZA, could this be a teaching tool for all three of these groups to sit down together and Mrs. McGrath could talk them through how they arrived at some of the changes considering those were the three groups that were involved a lot of the times when varying these types of issues that come before them and though he knew they had the Public Hearing tonight and there was no reason not to but if they were thinking about voting on this tonight then maybe they could talk about it in depth in a couple of weeks unless there was something really pending. Mrs. McGrath replied, no, there was nothing pressing that was pending and like the electronic and mechanical apparatus, that was because they had quite a few variances set before the BZA for air conditioners to be set on that five foot setback side and the way it read right now was that the entire lot area with the required minimum distance from the property line to the building line shall be opened to the sky except from landscaping obstructed from any accessory structure or part thereof and unoccupied by storage service and similar use except as provided herein and that it had always been thought that the air conditioner was just there but two years ago they had a person who came in complaining about an air conditioner put on their neighbor s property and it was set on a stand because it was in the flood plain and it was right next to her drive way so there was a little bit of space between the two houses but her side was the nine foot side and their side was the five foot side and because her driveway being on the nine foot side, she could hit her car door if she parked far enough out toward this air conditioner so that was when they read the book and reread the book and tried to be consistent with it so since they saw it once they had to be consistent with it so if it could not happen there then it could not happen anywhere along Edgewood or Broadway or anywhere else there was a 50 foot lot. 6
Mayor McBrayer addressed the Council and asked if every house in Homewood had air conditioners on the side. Mrs. McGrath replied that this was pretty much the case and there were a couple of the newer houses that had put them in the back so they did not have to get a variance but pretty much all the ones that were remodeling and adding on, were asking for a second air conditioner variance. Mayor McBrayer asked if this meant that residents had to get a variance to put an air conditioner on the side of a house. Mrs. McGrath replied that was what they had been doing within that five foot setback. Mayor McBrayer stated the need to be careful with this revision. Mr. Thames stated that was why he thought they should talk about this when they had all three groups together in a couple of weeks so they could really dig into this and get the history. Mr. Kendrick stated that with that interpretation they were saying that if an air conditioner broke they could not replace it because it was a non-conforming use which was never the intent of that ordinance and had never been interpreted that way in twentyfive years so if someone broke their air conditioner they would have to go to the BZA before they could replace it but 99 percent of the homes in Homewood had air conditioners on the side of their home and if it was in August and they told someone they had to wait until September or October to replace an air conditioner they would have a lot of upset people. Mr. Limbaugh asked if the Council had any other questions or comments regarding this Item. Mr. Hallman asked if they could still have their air conditioners on the side, according to this. Mrs. McGrath replied yes. Mr. Limbaugh asked if the Council had any other questions or comments regarding this Item. There was no response from the Council. Mr. Limbaugh asked if there was anyone in the audience that wished to speak in favor of or opposition to this Item. There was no response from the audience. Mr. Limbaugh declared the Public Hearing closed. 7
Mr. Limbaugh stated that without objection, this Item would be carried over pending the retreat with the Council, Planning Commission and BZA. There was no objection from the Council. The next item on the Agenda under Old Business was Item No. 19.09.14 Request for consideration to review current Sign Ordinance for possible amendments Bruce Limbaugh/Council President (Note: Pole sign moratorium adopted Resolution No. 14-131 on October 27, 2014 with an expiration date of April 2015 or until amendments to the Sign Ordinance) (Carried over First reading of proposed Ordinance March 16, 2015 Council Meeting). At this time, Mr. Kendrick presented the following Resolution for the Council s consideration: Resolution No. 15-128 (A Resolution modifying Resolution No. 14-131) Mr. Jones moved for the adoption and enrollment of Resolution No. 15-128. Mr. McClusky seconded the motion. Mr. Limbaugh asked if the Council had any questions of comments regarding the Mr. Kendrick stated that since the last reading of the proposed Ordinance before the Council, he had found some grammatical errors and changes in Section 9 and Section 17 so he would recommend a first reading for that Ordinance again so that there would be no confusion. Mr. Kendrick further stated that Section 1 modified Section 5-161H, entitled Temporary Banners, Section 161 entitled Required Permits, Section 2 modified Section 5-171 entitled Sign Prohibitions, Division 3, entitled Permitted Exemptions and Sign Prohibitions of Article 5 of the Sign Ordinance, Section 3 modified Section 5-181 entitled Freestanding Sign Limitations of Division 4 entitled Freestanding Signs of the Sign Ordinance, Section 4 amended Section 5-182 entitled Special Free Standing Sign Controls in the Sign District 1of the Sign Ordinance, Section 5 amended Section183 entitled Pole Signs Directed Toward I-65 of Division 4 entitled Freestanding Signs of Article 4, Section 6 amended Section 184 entitled Limitations on Billboards and Other Offerings to Signs of Division 4 of the Sign Ordinance, Section 7 dealt with Section 5-185 entitled Limitations on Residential Entrance Signs of Division 4, Section 8 modified Section 5-186 through 5-189 of the Sign Ordinance that dealt with the reservations of future amendments, Section 9 was a new section that modified Section 5-190 C entitled Maximum Number of Signs of District 3 which read as follows that the maximum number of signs for Sign District 3 8
property owners may choose up to two different choices from the following types of signs: Section 1: one attached building face sign, Section 2: one projecting blade sign, Section 3: one monument sign and the change there was the deleted pole sign section, which was the moratorium, Section 10 modified Section 5-204 C-1-F entitled Indemnification Pylons Signs of the Sign Ordinance again deleting the reference to Pole Signs, Section 11 modified Section 5-204 C-2 G entitled Indemnification of Pole Signs of the Brookwood Sign Ordinance, which eliminated Pole Signs, Section 12 modified Section 5-204 B entitled Miscellaneous Provisions of the Brookwood Mall District, which again deleted Pole Signs, Section 13 modified the definitions of a Freestanding Sign, Section 5-2-10 of the Sign Ordinance deleted the reference to Pole Signs and stated specifically that Pole Signs were prohibited in the City, Section 14 modified Section 1C entitled Freestanding Business Indemnification Pylon Signs in the Wildwood Business Center, Section 15 modified Section 2B entitled Pylon Pole Signs in Section 2 of the Wildwood Center District as amended to delete reference to Pole Signs. Section 16 modified Section 2 C of the Shopping Center Multiple Sign Tenet Buildings of Wildwood Centre, Section 17 modified Section 3 C of the Wildwood Centre Sign Ordinance to prohibit trailer signs, billboard type signs, flashing signs, pole signs or tethered balloon signs, Section 18 was the Sign District Map of Section 5-181 shall be amended to reflect the provisions as set out above, Section 19, that all parts and provisions of the Sign Ordinance not affected as set as above shall remain in full force and effect, Section 20, that all parts and provisions of the Ordinance if declared to be unconstitutional all other parts and provisions remain in full force and effect, Section 21, the ordinance shall become effective immediately upon its adoption by the City Council and approval by the Mayor. At this time, Mr. Kendrick presented first reading of the proposed Ordinance for the Council s consideration that included proposed changes, which are on file in the Building, Engineering and Zoning Department and City Clerk s Office. Ordinance No. (An Ordinance to amend current Sign Ordinance) Mr. Thames moved for unanimous consent of the proposed ordinance as read. Mrs. Reid seconded the motion. Upon roll call, the votes were Yeas: Mr. Hallman, Mr. Thames, Mr. Hawkins, Mr. McClusky, Mr. Jones, Mrs. Smith, Mrs. Reid, Mr. Laws, Mr. Wright and Mr. Limbaugh. The motion for unanimous consent carried. 9
At this time, Mr. Kendrick presented the following Ordinance for the Council s consideration: Ordinance No. 2553 (An Ordinance to amend the current Sign Ordinance) Mrs. Reid moved for the adoption and enrollment and publication according to law of Ordinance No. 2553. Mr. Thames seconded the motion. motion. Upon roll call, the votes were Yeas: Mr. Hallman, Mr. Thames, Mr. Hawkins, Mr. McClusky, Mr. Jones, Mrs. Smith, Mrs. Reid, Mr. Laws, Mr. Wright and Mr. Limbaugh. Nays: None. The motion carried without dissent. The next item considered under Old Business was Item No. 06.12.14 Request for consideration of vacation of unopened portion of 18 th Street South between 2501 18 th Street South, 2513 18 th Street South and 2517 18 th Street South Vanessa McGrath/Building, Engineering and Zoning Department/Homewood Planning Commission (Carried over March 2, 2015). Mr. Wright stated that the Planning and Development Committee met earlier tonight prior to the Council Meeting and voted 5-0 to recommend vacation of unopened portion of 18 th Street South between 2501 18 th Street South, 2513 18 th Street South and 2517 18 th Street South with a contingency of $5,000.00 payment based on the fair market value of the property. Planning and Development Committee s recommendation. There was no response from the Council. At this time, Mr. Kendrick presented the following Resolution for the Council s consideration: Resolution No. 15-29 (A Resolution for vacation of unopened portion of 18 th Street South between 2501 18 th Street South, 2513 18 th Street South and 2517 18 th Street South) Mr. Wright then moved for the adoption and enrollment of Resolution No. 15-29. Mrs. Smith seconded the motion. 10
Mr. Kendrick asked that the Resolution not be published until after the $5,000.00 was received. Mr. Wright amended his motion to include the contingency that the Resolution not be published until after the $5,000.00 was received. Mrs. Smith seconded the amended motion. The next item considered under Old Business was Item No. 07.12.14 Request for consideration of the favorable recommendation of the Homewood Planning Commission at its meeting held September 2, 2015 on a vote of 6-0 to rezone the property located at 2501, 2513 and 2517 18 th Street South Parcel ID. Nos. 28-00-07-2- 0010-051.00, 28-00-07-2-0010-052.00 and 28-00-07-2-0010-053.00 from C-1 (Commercial Office District) to I-2 (Institutional District) Applicant Joseph A. Miller, III/Owner North American Islamic Trust, Inc. Purpose for additional school parking Vanessa McGrath/Building, Engineering and Zoning Department/Homewood Planning Commission. Mr. Wright stated that the Planning and Development Committee met earlier tonight and voted 5-0 with a contingency that no permits for the project be issued for rock removal. Planning and Development Committee s recommendation. There was no response from the Council. At this time, Mr. Kendrick presented the first reading of the proposed Ordinance for the Council s consideration: Ordinance No. (An Ordinance to rezone the property located at 2501, 2513 and 2517 18 th Street South Parcel ID. Nos. 28-00-07-2-0010-051.00, 28-00-07-2-0010-052.00 and 28-00-07-2-0010-053.00 from C-1 (Commercial Office District) to I-2 (Institutional District)) Mrs. Smith moved for unanimous consent of the proposed Ordinance as read. Mrs. Reid seconded the motion. 11
Upon roll call, the votes were Yeas: Mr. Hallman, Mr. Thames, Mr. Hawkins, Mr. McClusky, Mr. Jones, Mrs. Smith, Mrs. Reid, Mr. Laws, Mr. Wright and Mr. Limbaugh. At this time, Mr. Kendrick presented the following Ordinance for the Council s consideration: Ordinance No. 2554 (An Ordinance to rezone the property located at 2501, 2513 and 2517 18 th Street South Parcel ID. Nos. 28-00-07-2-0010-051.00, 28-00-07-2-0010-052.00 and 28-00-07-2-0010-053.00 from C-1 (Commercial Office District) to I-2 (Institutional District)) Mr. Jones moved for the adoption and enrollment and publication according to law of Ordinance No. 2554. Mrs. Smith seconded the motion. Upon roll call, the votes were Yeas: Mr. Hallman, Mr. Thames, Mr. Hawkins, Mr. McClusky, Mr. Jones, Mrs. Smith, Mrs. Reid, Mr. Laws, Mr. Wright and Mr. Limbaugh. Nays: None. The next item considered under Old Business was Item No. 03.03.15 Request for consideration of an ABC 020 Restaurant Retail Liquor License application for TB Concepts of Brookwood Village, LLC, d/b/a Hickory Tavern located at 595 Brookwood Village Brad Smith/Whitney Paxton/City Clerk. Mr. McClusky stated the Public Safety Committee met earlier tonight prior to the Council Meeting and voted 5-0 to bring this Item back to Council without a recommendation because they had not received a report from the Fire Department but he had since spoken to the Battalion Chief and the Fire Department had no objections so he would now have no objection to the issuance of the ABC 020 Restaurant Retail Liquor License application for TB Concepts of Brookwood Village, LLC, d/b/a Hickory Tavern located at 595 Brookwood Village. Public Safety s recommendation. There was no response from the Council. Mr. McClusky then moved to having no objections to the issuance of the 020 Restaurant Retail Liquor License application for TB Concepts of Brookwood Village, LLC, d/b/a Hickory Tavern located at 595 Brookwood Village. Mr. Laws seconded the motion. 12
The next item considered under Old Business was Item No. 04.03.15 Request for consideration of an ABC 040 Retail Beer (On or Off Premises) and ABC 060 Retail Table Wine (On or Off Premises) for Champagne Cascade LLC d/b/a Neighborhood Hops and Vine located at 1712 29 th Avenue South. Mr. McClusky stated that the Public Safety Committee met earlier tonight prior to the Council Meeting and voted 5-0 for giving no recommendation pending Police and Fire recommendations but having since spoken to both Police and Fire Departments it was reported that the property was not zoned for this type of establishment. Mr. McClusky then moved to drop this Item. Mr. Laws seconded the motion. motion. Mr. Thames asked for clarification. At this time, Mr. Limbaugh recognized Mr. Jim Wyatt with the Homewood Building, Engineering and Zoning Department. Mr. Wyatt addressed the Council and stated that he met with the applicant last week and part of the discussion was that the property would have to be rezoned because it was not zoned for the use he requested and at the time he had just signed a lease and had a lot of construction issues. Mr. Jones asked what the address was currently zoned as and what it would need to be zoned as to approve the request. At this time, Mrs. McGrath with the Building, Engineering and Zoning Department addressed the Council and stated that the property was zoned C-2 and allowed for restaurants but would not allow for bars, taverns or sale of liquor, which would be C-3 so it would have to be rezoned so the owner would have to go before the Planning Commission to ask for rezoning. Mr. Laws asked if zoning for liquor was different from zoning for beer and wine. Mr. Limbaugh replied yes. Mrs. McGrath replied yes, but that the way it was defined was that if the primary income was coming from food versus coming from sale of alcohol. Mrs. McGrath stated that if the primary income was coming from the sale of food then it would be considered a restaurant and the alcohol would be an incidental use but 13
since its primary function was selling wine and beer then it becomes a bar or tavern function versus a restaurant function. Mr. Limbaugh asked if there was anyone from the business in the audience. There was no response from the audience. Mr. McClusky moved to drop this Item. Mr. Laws seconded the motion. The next item considered under Old Business was Item No. 02.03.15 Request for consideration to authorize Mayor McBrayer to enter into an agreement with Pless Appraisals to appraise the property identified by Goodwin, Mills and Cawood as the best location to provide access to the West end of the Greenway Trail Phase II Project Jim Wyatt/Building, Engineering and Zoning Department. Mr. Jones stated that the Finance Committee met earlier tonight prior to the Council meeting and voted 4-0 to recommend authorizing Mayor McBrayer to enter into an agreement with Pless Appraisals to appraise the property identified by Goodwin, Mills and Cawood as the best location to provide access to the West end of the Greenway Trail. Finance Committee s recommendation. There was no response from the Council. At this time, Mr. Kendrick presented the following Resolution for the Council s consideration: Resolution No. 15-30 (A Resolution authorizing Mayor McBrayer to enter into an agreement with Pless Appraisals to appraise the property identified by Goodwin, Mills and Cawood as the best location to provide access to the West end of the Greenway Trail) Mr. Jones then moved for the adoption and enrollment of Resolution No. 15-30. Mr. Thames seconded the motion. The next item considered under Old Business was Item No. 10.03.15 Request to adopt an Ordinance to declare surplus property the following items: Two (2) International 7400 Cab and Chassis, Year Model 2014 for the purpose of trade-in and additional 14
funding needed to purchase two (2) new 2016 International Cab and Chassis Berkley Squires/Public Services Director/Mayor Scott McBrayer. Mr. Jones stated that the Finance Department met earlier tonight prior to the Council Meeting and voted 4-0 to recommend adopting an Ordinance to declare surplus property the following items: Two (2) International 7400 Cab and Chassis, Year Model 2014 for the purpose of trade-in and additional funding needed to purchase two (2) new 2016 International Cab and Chassis. At this time, Mr. Kendrick presented the first reading of the proposed Ordinance for the Council s consideration: Ordinance No. (An Ordinance to declare surplus property the following items: Two (2) International 7400 Cab and Chassis, Year Model 2014 for the purpose of trade-in and additional funding needed to purchase two (2) new 2016 International Cab and Chassis) Mr. McClusky moved for unanimous consent of the proposed ordinance as read. Mr. Thames seconded the motion. Upon roll call, the votes were Yeas: Mr. Hallman, Mr. Thames, Mr. Hawkins, Mr. McClusky, Mr. Jones, Mrs. Smith, Mrs. Reid, Mr. Laws, Mr. Wright and Mr. Limbaugh. The motion for unanimous consent carried. At this time, Mr. Kendrick presented the following Ordinance for the Council s consideration: Ordinance No. 2555 (An Ordinance to declare surplus property the following items: Two (2) International 7400 Cab and Chassis, Year Model 2014 for the purpose of trade-in and additional funding needed to purchase two (2) new 2016 International Cab and Chassis) Mr. McClusky moved for the adoption and enrollment and publication according to law of Ordinance No. 2555. Mr. Thames seconded the motion. Upon roll call, the votes were Yeas: Mr. Hallman, Mr. Thames, Mr. Hawkins, Mr. McClusky, Mr. Jones, Mrs. Smith, Mrs. Reid, Mr. Laws, Mr. Wright and Mr. Limbaugh. Nays: None. 15
The motion carried without dissent. The next item considered under Old Business was Item No. 14.03.15 Request for consideration of no jake brake signs on I-65 Mary Beth Sauer/Walter Jones. Mr. McClusky stated that the Public Safety Committee met earlier tonight prior to the Council meeting and voted 5-0 to have the Mayor reach out to ALDOT to request the no jake brake signs because it was in the ALDOT right-of-way. Public Safety Committee s recommendation. There was no response from the Council. Mr. McClusky then moved to have the Mayor reach out to ALDOT to request the no jake brake signs. Mrs. Smith seconded the motion. COMMITTEE REFERRAL AGENDA 15.03.15 Request for consideration of the Personnel Study Review Britt Thames Finance Committee 16.03.15 Request for consideration to amend fiscal year 2014 and 2015 budgets for General, Capital and Special Revenue funds Melody Salter/Finance Director Finance Committee 17.03.15 Request for consideration of traffic calming measures on Lancaster Road Amanda Dabbs/Barry Smith/Heather Reid Public Safety Committee 19.03.15 Request for consideration to authorize Mayor to enter into an agreement with Alabama Power for the installation, power and maintenance of 21 decorative concrete light poles, with glass acorn lamps for the Wet Homewood Revitalization Project Jim Wyatt/Building, Engineering and Zoning Department Finance Committee 20.03.15 Request for consideration to accept Homeland Security Grant issued through the Jefferson County EMA for the amount of $8,972.15 Fire Department/Chief Bresnan Finance Committee 21.03.15 Request to set a Public Hearing for April 13, 2015 for consideration of a variance to the sign ordinance at 808 Green Springs Highway 16
Chris Hoyt/Greg Cobb/Building, Engineering and Zoning Department Special Issues Committee 22.03.15 Request for consideration to open restaurant in West Homewood Revitalization District Fred Hawkins/Morgan Duncan Finance Committee 23.03.15 Request for consideration of a Bikeshare Analysis Proposal Heather Reid/Britt Thames Planning and Development Committee Mr. Jones moved to approve the Committee Referral Agenda as amended. Mr. Thames seconded the motion. OTHER NEW BUSINESS The next item on the Agenda under Other New Business was Item No. 11.03.15 Request for consideration of lease for vacant lot at 315 Oxmoor Road Pam Clark/Greg Cobb/Building, Engineering and Zoning Department (Carried over at the March 16, 2015 Council Meeting). Mr. Limbaugh asked Mr. Kendrick to verify that the agreement of the lease and the issue with the billboard were two different issues. Mr. Kendrick replied yes and stated that what the proposed lessee asked for was the right to sign a lease. Mr. Limbaugh stated that without objection, this Item would be carried over. There was no objection from the Council. The next item on the Agenda under Other New Business was Item No. 18.03.15 Request for consideration of a Resolution authorizing payment of invoices for the period March 16, 2015 through March 20, 2015 City Treasurer/Finance Committee. At this time, Mr. Kendrick presented the following Resolution for the Council s consideration: Resolution No. 15-31 (A Resolution authorizing payment of invoices for the period March 16, 2015 through March 20, 2015) 17
Mrs. Reid moved for the adoption and enrollment of Resolution No. 15-31. Mr. Jones seconded the motion. The next item considered under Other New Business was Item No. 21.03.15 Request to set a Public Hearing for April 13, 2015 for consideration of a variance to the sign ordinance at 808 Green Springs Highway (Mazer s) Chris Hoyt/Greg Cobb/Building, Engineering and Zoning Department. Mr. Limbaugh stated that without objection a Public Hearing would be set for April 13, 2015 at 6:00 p.m. for this Item. There was no objection from the Council. The next item considered under Other New Business was Item No. 05.03.15 Request to set a Public Hearing for April 13, 2015 for consideration of review and approval of the following items to create the Homewood Community Development Review Committee mandated by the West Homewood District. 1) Homewood Community Development Review Committee (CDRC) Operating Procedures 2) Community Development Review Committee (CDRC) Warrant Request Form Vanessa McGrath/Senior Planner/Building, Engineering and Zoning Department. Mr. Limbaugh stated that without objection a Public Hearing would be set for April 13, 2015 at 6:00 p.m. for this Item. There was no objection from the Council. Mr. Thames stated that the Special Issues Committee would meet on April 6, 2015 at 5:00 p.m. Mr. McClusky stated that the Public Safety Committee would meet on April 6, 2015 at 5:15 p.m. p.m. Mr. Jones stated that the Finance Committee would meet on April 6, 2015 at 6:00 Mr. Wright stated that the Planning and Development Committee would meet on April 6, 2015 at 6:30. There being no further business to come before the Council, the meeting was, on a Motion duly made, adjourned. 18