DATE: TIME: 6:00 P.M. PLACE: Hoover Municipal Center PRESENT: HOOVER CITY COUNCIL MINUTES OF MEETING Mayor Gary Ivey Mr. Jack Wright, Council President Mr. Brian Skelton, Council President Pro-Tempore Mr. John Greene, Council Member Mr. John Lyda, Council Member Admiral Jack Natter, Council Member Mr. Joe Rives, Council Member Mr. Gene Smith, Council Member ALSO PRESENT: Mr. Charlie Waldrep, City Attorney Ms. April Danielson, Waldrep Stewart & Kendrick Mr. Bob House, House Consultants Ms. Linda Andrews, Library Director Chief Nick Derzis, Police Chief Ms. Susan Fuqua, Director, Municipal Court Mr. Mike Lewis, Director, Human Resources Mr. Rod Long, City Engineer Mr. Frank Lopez, Director, Revenue and Taxation Dr. Melinda Lopez, Director, Information Management & Reporting Mr. Ben Powell, Director, Purchasing Mr. Don Reilly, Director, Inspection Services Mr. Tim Westhoven, Assistant Executive Director Chief Chuck Wingate, Fire Chief The meeting was called to order by Council President, Jack Wright. The clerk had roll call and a quorum was present. The clerk gave the invocation. The Pledge of Allegiance was led by Mr. Rives. 1. REPORTS The City Attorney read a Proclamation expressing appreciation to SEC Commissioner, Mike Slive, for his many years of service to the Southeastern Conference, in particular the Baseball Tournament, which has been played and continues to be played in Hoover at the Hoover Metropolitan Stadium. This proclamation will be presented to Mr. Slive at the SEC Tournament on Tuesday, May 19, 2015. Mr. Wright recognized Alabama State Representative David Faulkner who was present in the audience.
Page 2 The City Attorney read a Proclamation congratulating the Hoover High School Girls Indoor Track Team on winning the 2015 Class 7A Alabama High School Athletic Association State Indoor Track Championship. Mayor Ivey presented the framed proclamation to Coach Devon Hind and members of the team. The City Attorney read a Proclamation congratulating the Hoover High School Boys and Girls Track and Field Team on winning the 2015 Class 7A Alabama High School Athletic Association State Track and Field Championship. The framed proclamation was presented to Coach Devon Hind and members of the team. The City Attorney read a Proclamation congratulating the Hoover High School Football Team on winning the 2014 Alabama High School Athletic Association Class 7A Football Championship. Mayor Ivey presented the framed proclamation to the Hoover High School Athletic Director, Andy Urban. The City Attorney read a Proclamation congratulating the Hoover High School Boys Basketball Team on winning the 2015 Alabama High School Athletic Association Class 7A Boys Basketball Championship. Mayor Ivey presented the framed proclamation to Coach Charles Burkett and team members. The City Attorney read a Proclamation congratulating the Hoover High School Girls Golf Team on winning the 2015 Alabama High School Athletic Association Class 7A Girls Golf Championship. Mayor Ivey presented the framed proclamation to the team. Ms. Roberta Atkinson, Hoover Beautification Board, 314 Shades Crest Road, reported that this year they had a record number of schools participating in the Arbor Day school plantings and essay contest culminating with a city-wide Arbor Day celebration at Aldridge Gardens on March 6 th. She had copies of a book put together by Beautification Board Member Betty Daigle for the Council Members, Mayor Ivey and Allen Pate. She asked Beautification Board Member, Sara Perry, to assist in distributing the books. She commended Colin Conner, City Forester, who attended every tree planting with his Arbor Day pledge teaching the children how to plant a tree. Mr. Greene made a motion to reappoint Kyle Puchta, Lawren Pratt and Paul Gamble to the Board of Zoning Adjustments. This motion was seconded by Mr. Skelton. On voice Mr. Rives made a motion to reappoint Wayne Dutt to the Jefferson County Intellectual and Developmental Disabilities Authority, Inc., retroactive to April 1, 2015. This motion was seconded by Mr. Skelton. On voice 2. APPROVAL OF MINUTES Mr. Wright stated each member of the Council had previously received a copy of the minutes of the May 4, 2015 regular meeting and the May 14, 2015 work session. Mr. Smith made a motion that the minutes be approved as presented and to dispense with the reading. This motion was seconded by Mr. Skelton. Mr. Wright called for discussion. There being none, on voice
Page 3 3. RESOLUTION NO. 5263-15 AUTHORIZE MAYOR TO EXECUTE WASTEWATER TREATMENT AGREEMENT WITH LIVING WATER UTILITIES, LLC The City Attorney read Resolution No. 5263-15. This would authorize the Mayor to execute a Wastewater Treatment Agreement with Living Water Utilities, LLC ( LWU ) to provide water sewage treatment services for LWU s Caldwell Mill Sewage Collection System through the Inverness Wastewater Treatment Plant. Mr. Smith made a motion to approve Resolution No. 5263-15. This motion was seconded by Mr. Skelton. Mr. Wright called for questions or comments from the Council. There being none, he called for questions or comments from the audience. There being none, on voice 4. RESOLUTION NO. 5264-15 AUTHORIZE MAYOR TO EXECUTE SUPPLEMENT TO SUNGARD PUBLIC SECTOR, INC. APPLICATION SERVICE PROVIDER AGREEMENT The City Attorney read Resolution No. 5264-15. This would authorize the Mayor to execute a Supplement to SunGard Public Sector, Inc. Application Service Provider Agreement regarding professional services fees and monthly access fees. Mr. Smith made a motion to approve Resolution No. 5264-15. This motion was seconded by Mr. Skelton. Mr. Wright called for questions or comments from the Council. There being none, he called for questions or comments from the audience. There being none, on voice 5. RESOLUTION NO. 5265-15 AUTHORIZE MAYOR TO EXECUTE TECHNICAL SERVICE SUPPORT CONTRACTS WITH PHYSIO-CONTROL, INC. FOR LIFEPAK DEFIBRILLATORS/MONITORS The City Attorney read Resolution No. 5265-15. This would authorize the Mayor to execute Technical Service Support Contracts with Physio-Control, Inc. for LIFEPAK defibrillator/monitor devices. Mr. Smith made a motion to approve Resolution No. 5265-15. This motion was seconded by Mr. Skelton. Mr. Wright called for questions or comments from the Council. There being none, he called for questions or comments from the audience. There being none, on voice 6. RESOLUTION NO. 5266-15 AUTHORIZE MAYOR TO EXECUTE GRANT COMPLIANCE AGREEMENT WITH FIREMAN S FUND INSURANCE COMPANY HERITAGE PROGRAM The City Attorney read Resolution No. 5266-15. This would authorize the Mayor to execute a Grant Compliance Agreement for the Heritage Program with the Fireman s Fund Insurance Company to be used by the Hoover Fire Department. Mr. Smith made a motion to approve Resolution No. 5266-15. This motion was seconded by Mr. Skelton. Mr. Wright called for questions or comments from the Council.
Page 4 Admiral Natter stated he asked Robert Yeager at work session if the city did any work with McGriff, Seibels & Williams and Mr. Yeager had replied not to his knowledge. Admiral Natter asked if this was known for a fact. Mayor Ivey stated he was not aware of any. Admiral Natter was curious as to why they would be giving money to the city. Mayor Ivey clarified that they are merely a conduit for Fireman s Fund Insurance Company to give the money. There being no further questions or comments from the Council, Mr. Wright called for questions or comments from the audience. There being none, on voice vote the motion carried unanimously. 7. PUBLIC HEARING CONDITIONAL USE SALE OF BEER AND WINE UNCLE MADDIO S PIZZA JOINT 210 DOUG BAKER BLVD., SUITE 100 AND APPROVAL OF ABC APPLICATION FOR ME,YOU AND A PIZZA, LLC Mr. Wright stated this is the public hearing to consider the request of Me, You and a Pizza, LLC d/b/a Uncle Maddio s Pizza Joint, for Conditional Use approval to allow the sale of Retail Beer (On or Off Premises) and Retail Table Wine (On or off Premises) at Uncle Maddio s Pizza Joint to be located at 210 Doug Baker Blvd., Ste. 100. Pera Lee Branch, Inc. is the property owner and the property is zoned C-2 Community Business District (P&Z Case #C-0515-11) Mr. Lyda made a motion to approve the conditional use. This motion was seconded by Mr. Skelton. Mr. Wright called for comments or questions from the Council. There being none, he called for comments or questions from the audience. There being none, on voice vote the motion carried unanimously. Mr. Lyda made a motion to approve the ABC Application for Me, You and a Pizza, LLC. This motion was seconded by Mr. Skelton. Mr. Wright called for comments or questions from the Council. There being none, he called for comments or questions from the audience. There being none, on voice 8. PUBLIC HEARING CONDITIONAL USE SALE OF RESTAURANT RETAIL LIQUOR CEDARS GRILLE 1870 CHACE DRIVE, SUITE 160 AND APPROVAL OF ABC APPLICATION FOR CEDARS GRILLE, LLC Mr. Wright stated this is the public hearing to consider the request of Ghassan Dib for Conditional Use approval to allow the sale of Restaurant Retail Liquor at Cedars Grille located at 1870 Chace Drive, Ste. 160. Mr. Dib is the property owner and the property is zoned PC Planned Commercial. (P&Z Case #C-0515-12) Mr. Lyda made a motion to approve the conditional use. This motion was seconded by Mr. Skelton. Mr. Wright called for comments or questions from the Council. There being none, he called for comments or questions from the audience. There being none, on voice vote the motion carried unanimously. Mr. Lyda made a motion to approve the ABC Application for Cedars Grille, LLC. This motion was seconded by Mr. Skelton. Mr. Wright called for comments or questions from the
Page 5 Council. There being none, he called for comments or questions from the audience. There being none, on voice 9. PUBLIC HEARING CONDITIONAL USE ALLOW COMMON AREA PARK MAGNOLIA GROVE PHASE I 1100 MAGNOLIA RUN Mr. Wright stated this is the public hearing to consider the request of SB Development Corporation d/b/a/ Signature Homes for Conditional Use approval to allow a Common Area Park to be located in Magnolia Grove Phase I on lot CA-4 at 1100 Magnolia Run. The property is owned by SB Development Corporation d/b/a Signature Homes and is zoned PUD PR-1 Planned Single Family District. (PZ Case #C-0415-09). Mr. Lyda made a motion to approve the conditional use. This motion was seconded by Mr. Skelton. Mr. Wright called for comments or questions from the Council. Mr. Smith asked the City Attorney whether he needed to abstain from voting on this matter as he has a contract on a lot in this subdivision. The City Attorney replied no because this would affect Mr. Smith just like any other homeowner in the subdivision. This would benefit all homeowners, not just Mr. Smith. Admiral Natter said it was his understanding that there will be sidewalks throughout this subdivision. Mr. Tim Westhoven replied yes. Mr. Bob House clarified they would be on one side of the street. There being no further discussion from the Council, Mr. Wright called for comments or questions from the audience. There being none, on voice vote the motion carried unanimously. 10. SET PUBLIC HEARING FOR MONDAY, JUNE 15, 2015 AT 6 PM Mr. Wright stated a public hearing is hereby set for Monday, June 15, 2015 at 6:00 p.m. to consider the following requests which come forward with a positive recommendation from the 5/11/15 Planning and Zoning Commission meeting: The City of Hoover is requesting to rezone the following recently annexed properties from Jefferson County R-1 to Hoover R-1 Single Family District: Single family residence located at 2929 Monte D Este Drive (PZ Case #Z-0515-05) Single family residence located at 1701 Kestwick Drive (PZ Case #Z-0515-06) The City Attorney had the First Reading of Ordinance No. 15-2274. 11. PAYMENT OF BILLS Mr. Smith made a motion that the bills be paid as submitted. This motion was seconded by Mr. Skelton. Mr. Wright called for questions or comments. There being none, on voice vote the motion carried unanimously. Mr. Wright called for further questions or comments from the Council. Mr. Smith noted that at the work session on Thursday Admiral Natter brought to attention that some of the ABC Applications that are coming to the Council do not contain enough information as to the true owners. In looking at one of these companies on the Secretary of
Page 6 State s website he noticed there were nine places that said not provided. He asked the clerk if she had spoken with the state since work session to determine how to be able to get this information. The clerk replied that she had spoken with the ABC Board and reported her findings to Admiral Natter. She said the ABC Board does very thorough research on these applicants. They require very detailed paperwork including the disclosure of all LLC members. They already provide this information on the ABC Application that is submitted to the city for approval. There are three lines on the front page of the application that list the members. If there is only one name listed then it is a sole member. If there are more than three members the ABC Board will attach a list of the remaining members. If for some reason they do not attach the list the clerk can call them and get them to send it to her. The ABC Board indicated they were more than happy to share that information. Admiral Natter said he went through this quite thoroughly with the clerk and he was very satisfied that the ABC Board does a good background check and the city does as well. He was satisfied that due diligence is done on these individuals. Mr. Wright stated the SEC Baseball Tournament begins tomorrow at 9:30 a.m. with Alabama playing against Ole Miss. Auburn will play at 4:30 p.m. Mr. Wright called for questions or comments from the audience. Mr. Dan Fulton, 1440 Alford Avenue, presented a handout to the Council that was distributed at the last School Board meeting containing a list of Hoover Backpack Program Supporters. The Backpack Program provides food packets to go in the backpacks of students who do not have enough food at home. He said information is available through the hooverhelps.org website. This is done discretely and is coordinated through the Community Food Bank of Central Alabama. He felt this was a very worthy endeavor. He asked that the City consider including this program when selecting the various groups to support through charitable contributions. He also requested that the City consider a financial pledge to the UAB Football Program. He said the City of Birmingham had pledged $2.5 million ($500,000 per year for the next five years). He went on to talk about the great efforts going at Hoover Schools. He felt the Board of Education had been exemplary and that the new Superintendent, Dr. Kathy Murphy, was going to provide tremendous leadership to Hoover Schools. He talked about the many great things going on with Hoover Schools but noted that there are some challenges. He said Hoover High School has about 3,000 students and the number is growing. He felt it was time to think about a new high school. He then reintroduced a handout sheet that he had given to the Council at a previous meeting that contained a list of Initiatives for Excellence in Hoover Schools, all of which would require additional revenue. He asked that the City Council search and investigate ways to provide more funding for the Hoover Schools. Mr. Fulton then talked about the upcoming annual Freedom Fest event and suggested that the city consider in the future making this a month long event, beginning with Memorial Day and ending with Fourth of July, with various events at various venues. He felt this would be a way to attract people who attend other events in Hoover to come back and visit the city during that month. In conclusion, he stated that Jefferson County Manger, Tony Petelos, spoke at the last School Board meeting about county refinancing and the need to extend the one cent tax. Mr. Fulton said he was not in favor of the county taxing Hoover residents and questioned how much of that would actually
Page 7 come back to Hoover. He said he had hoped that particular tax was going to sunset sooner rather than later and he hoped there would be displeasure expressed by the Mayor and Council in that regard. Mr. Wright addressed Mr. Fulton s comments regarding the proposed extension of the county one cent tax. He expressed his great displeasure. He said the tax is very disproportionate and hurts Hoover and that continuing a tax that is due to sunset is never in the citizens best interest. He felt the school system and the city would be much better off if that tax is defeated tomorrow in the legislature. There being no further questions or comments the meeting was adjourned. Margie Handley, City Clerk