Council - Regular Meeting

city grant us the ability to listen respectfully and make decisions that promote well-being for all of our residents help us to work together in spirit and unity integrity and mutual respect even when we may have different viewpoints we may we pray for our city and our families and the businesses the schools first responders the employees here at the city and community leaders give us the courage to address challenges wisely and the humility to always place the needs of our citizens above our own interests make our actions reflect good stewardship and made the decisions made here tonight contribute to a stronger safer and more vibrant community for all of us and it's in your name we pray amen I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Kbo before asked for a roll call me given official gal strike maybe got that officially open meeting. Can we get a roll call please.

Yes, Sir. Castle Simmons here. Castle Sims here. Castle line here. Castle Armstead and mayor interests you have a core.

All right, thank you both to get started to get dispense of the reading in the minutes from the June 8th 2026 meeting and a motion for approval.

Motion to approve. Second.

All in favor? Aye. Okay. This motion by, sorry, Councilor Simmons, seconded by Councilor Lane, and passes 3-0. Next item is board vacancies. We've had board vacancy for the Environmental Commission Ward 2 which closed today. We had one applicant, Morgan Misiak. I would entertain a motion to appoint Morgan to the HEC if there is one.

So moved. Second.

it's a motion by councillor simmons and a second by councillor lane all in favor aye okay that passes three to zero also um this evening as you all may recall we had the abatement board structure in ordinance reconfiguration a couple weeks ago and now that we have that in place you know reflects our new ward boundaries now that we have that in place we have a number of vacancies which we need to post and fill so this evening we need to open abatement board positions for ward one two and three also two supernumerary positions for the abatement board and so without objection I'd like to open those through July 27th 2026 so please help spread the word on that so basically it's it's every ward except for Ward 4 because there is an existing representative who will continue and the rest will be open OK, next item. I'd like to, in follow up to pre-council, ask that two items be added from pre-council to the council agenda. The first one is 1606, request to set a public hearing for consideration of declaring the property at 405 Woodvale Lane as a public nuisance, brought to us by Scott Cook Code Enforcement. And the second item is 1806 26 requests for consideration of US 31 a trip to concurrence and funding brought to us by Amy Zari, city engineer. So could I get a motion for adoption of the amended agenda?

So moved. Second.

Great. Thank you. So that was a motion by Councilor Simmons again and seconded by Councilor Lane. Can I, without discussion, can I get a motion to approve?

So moved.

Oh, sorry. You had already done that. All in favor?

Aye. OK.

So that passes three to zero. Sorry. So great. Now we have our additional items added to the agenda. We'll go on to the next item now, which is from old business 1104 26. It was a public hearing we had on June 8th request to rezone 27. 73 and 2777 BM Montgomery Street from the current zoning designation of C2 to C4 Central Business District. This is for the item that was for the provision studio that was presented to us. We had the first reading at the council meeting last week. So really what we would like to do this evening is take action on it. So I would accept the motion for approval.

Motion to approve. Second.

OK, that motion was from Councilor Simmons, seconded by Councilor Lane. All in favor? Aye. That motion passes 3 to 0. That will be ordinance 2978. OK, next item is 80526, public hearing set for tonight at 6 PM to request to vacate a portion of the unnamed alley adjacent to 200 Virginia Lane. So this item has been published in accordance with the law for a public hearing. So I'll now call the public hearing to order. The purpose of this hearing is to accept comments from the public regarding the vacation of this city right away at the request of the property owner adjacent to it. So at this time I'll ask what you are chief building official to come forward and provide a summary of the background findings in any recommendations.

Yes, sir. Thank you. They as you mentioned this request is to vacate a portion of the alley directly adjacent to 200 Virginia drive as it is laid out in this survey here with a legal description attached to it. There should be a, okay, this is a picture, just some general facts on down the alley beyond where this request is being made. This is a city-installed drainage infrastructure that may at some point require maintenance, of course. The triangle in red, that's 200 Virginia Drive. Okay, this is the sheet I'm looking for right here. There's a valuation that is attached to the vacation of city right-of-way that is spelled out in state law using state law's formula. where you take the average square foot value of the properties abutting the property requested to be vacated, and you apply that average square foot value to the square footage of that, you reach a valuation of $22,093.93. Any other questions?

That's good for now, thank you, Mr. Pugh.

I do have a question.

Well, I will say, too, we'll have the opportunity for additional questions after the public hearing. So with that, Mr. Pugh, thank you. We'll accept comments from the public, and just format-wise, the individual requesting the vacation, if they would like to come forward first and speak, and then we can follow that by individuals in support of this item and then after that anyone interested in speaking in opposition can come forward and when you come forward please state your name and address for the record before making your comments thank you

Good evening. My name is David Page. I'm here with my wife, Dana. The two of us and our three children live at 200 Virginia Drive. We bought that house six years ago. We love living in Homewood. Our lot is a small, nonconforming, triangular lot immediately adjacent to an alley. Prior to the purchase of our home, it was built all the way up into the property line, so our home actually touches the property line. If you walked by our house without looking at a survey, you would not know this is an alley. The alley looks like it would be part of our property. We've landscaped it and maintained it as long as we've lived there. Today, we're humbly asking y'all's consideration to have Homewood vacate a portion of the alley. We love our home, but it lacks several modern amenities. And due to the property line, we'd be unable to make any changes without a variance. neighbor Scott Frederick who's a real estate attorney suggested petitioning the city to vacate the alley as that could be a more durable solution and potentially win-win for both us and the city were y'all to grant this request this would allow us to make some necessary improvements to our home which would allow us to continue enjoying our home in the neighborhood for many years to come for Homewood this would increase our tax basis and we'd also be writing a check to the city for the cost of the alley as outlined by state line so I do think this is a potentially mutually beneficial proposal Further, there's not really another use for this alley. A few years ago, as you saw, Homewood installed a large storm drain, which we're very grateful for as an aside, which essentially bisects the alley, precluding this being a functional alley, right? This could never be opened up to transverse this alley because that's there. We have signed notarized petitions making this request from all three neighbors who abut the portion of the alley under consideration. Miss Carolyn Duncan and Mary Hendon Yelverton, two of the three neighbors with whom we share the alley are here today to show their support. The third neighbor we didn't ask to come as they have a newborn. We also have letters of support from several other neighbors whose property touches the alley. And to that effect, we also have Susan Sutton, Brandon Bass, and Phil Amthor all here, all of whom live on the alley, as well as Scott. I'm happy to answer any questions you have. And I see you have a couple pictures to kind of see the alley. So you see the alley literally goes up to our property line. And now that's before the drain was in. So like I said, it really, you know,

I think that explains everything.

Does that all make sense? I have pictures of the actual alley from the street, if you all care to see.

That's great, we'll accept additional comments from the public and we'll have council questions involved to the public hearing.

Okay, thank you so much.

Is there anyone else who would like to come forward and speak in support of this request?

Thanks Scott Frederick 911 Palmetto Street. And I am the one he alluded to as having helped him come up with this plan. Thank you for your consideration for it. I support it and think and want to stress that No loss of access for utility or other services will occur. This has been set up in a way that maintains the access to the neighbor's property through the other existing alleyway. All easement rights for our power and other utilities will be maintained and nothing will happen to detract from any services that residents would otherwise receive. If anything, it's only create a more consolidated and logical use of that yard rather than having that paper alley that kind of clouds up title. Appreciate your consideration.

Thank you. Would anyone else like to come forward to speak to this item?

Hey, I'm Phil and Thor. I live at 818 College Avenue. The my property backs up to the alley, so we don't directly share a property line with the pages. But that storm drain that's in the pictures is a huge, huge help to our property. And we really, really thank the city staff. We've got plenty of video from Sunday from yesterday or Saturday, which there was the heavy rain day. If you if you want to see it, but it's a it's a big deal. We hope it's a very permanent thing. And like David said, makes the alley not really traversable for vehicles and just kind of seeing the the lot and what the pages have to deal with with where the property line kind of comes into into their you know what it does from a setback perspective to anything they would ever want to do or even their compliance currently uh i think this is a it's a very logical thing we fully support it i think everyone in the in the neighborhood and on the street and certainly we do and we just really appreciate everything the city of home was done for our our little area right there to make it safe and and for the stormwater management so thank you thank you

I am Susan Sutton. I live at 204 Virginia Drive, which is the house immediately to the left of the Pages house. We've lived there for 26 years, and we are very much in support of this. And I don't know how it could be used for anything else. So I think that it's a great idea, and we support it. Thanks.

Thank you.

Good evening. My name is Brandon Bass. I'm at 812 College Avenue. My house joins the alley in the back. Our fence line is the fence line that faces that new drainage that that was installed a couple of years ago. And to reiterate what Phil said is very helpful. So thank you so much for the stormwater management. Ever since I've known the pages and and where they live, i i didn't realize that was an alley until i was talking to them realized that this is what it was zoned for if you drive by there you would never know that it's an alley a few years ago when this project was completed they actually had a pole a power pole in the alleyway in their driveway that got moved to the side where the fence is and that has now made it a visually more appealing and less more like an alley, what it looks like an alley. So I don't think that you would drive by and say, oh, gosh, we're giving up an alley. No, this is their driveway. So I would encourage you. I definitely agree that this is the right thing to do. I don't encourage you to consider approving this as a property owner that adjacent that alley in the back. I don't feel like I'm giving up any access. I don't feel like I'm giving up any rights for my property because This is a natural fit for their property. So for it, I would encourage you to consider it as well. And thank you for your time. Appreciate it.

Thank you.

a long name sorry mary hendon yelverton and i live at 837 oxmoor road with my husband and two children we have lived there for 12 plus years now and absolutely adore it particularly our our little street where we live our little nook If you looked at the triangle that you saw, we're at 837. We actually back up. We share a property on Miss Dunkle, the pages and ourselves. And so we've seen it where we've actually seen where there's never been an alley there because of years ago, the way that they laid the driveway somehow. The power pole, yes, then being moved. long story short since the pages have been there it has been nothing but beautiful if we had an HOA or anything like that they would absolutely win an award it's immaculate everyone uses their trampoline and we manage the fence right there between it our children go back and forth so not only has it never been an alley or that any of the property owners could remember now it's actually utilized in a way that I think kind of reflects Homewood and everything that we're about and also I would encourage you to drop by because it does look beautiful but no we're not losing anything it's if anything a huge benefit and I'm I'm so happy that they step forward into this and really appreciate y'all's consideration thanks so much looks like we've got at least one more person coming forward

I'm Carolyn don't go at one 98 Virginia drive and my property is exactly next door to there's the the valley way runs between our houses and I fully support it we've lived there for 28 years been very happy with being there and would love to see that I'd like to be part of their property.

Thank you. Is there anyone else to speak in support of this item? If not, is there anyone here to speak in opposition? Okay, seeing no one, I will go ahead and close the public hearing. Okay, are there any questions from council? regarding anything stated from the applicant or from Mister P. I'm curious.

Why. With this change is going to affect them if he was talking about maybe doing remodeling. He's right on the property line will he had to be resurveyed with the property had to be resurveyed once that's done and to will be grandfathered in already so he did go he has to go to be with the busy a gets involved in their sticklers about a lot of things how would that affect them there.

Yeah, so those are great questions. Yes, in order to make that new section, if the council were to vote to vacate it, in order to make that a part of his existing lot, that would need to be resurveyed into the lot. Second, to answer your questions, any improvements that are proposed would have to be reviewed by zoning and building, and they would have to meet current zoning regulations.

Okay. I mean, how much room are they going to have? Are they adding? We're not really looking to add.

What we'd like to do, ideally, is we have a slab of concrete on the back.

My apologies. Would you please come forward to the mic? I'm sorry. Thank you.

Sorry, really the impetus to all of this was there's a small slab in the backyard that has no shade. We'd like to put a pergola over it and keep the existing footprint. And then we have a side porch that we'd like to close in. So we'd keep the existing footprint. My understanding is if we kept the existing footprint, At that point, we would be a conforming lot, and we would meet all setback criteria. So that's why Scott suggested this, because he said, hey, you know, you wouldn't have to go through the process of variance and all that. Your lot would then be, you know, functionally buildable with your same footprint, plus, minus.

Yeah, I'm just curious if he has to go back to the, if the BZA gets involved, everything changes. And I'm looking after y'all, you know, we wouldn't...

There wouldn't be any need to go to BZA unless something he proposed was say for instance too close to the property line.

That's the question I'm having. Once the property line gets changed then.

Exactly.

Is it grandfathered in that he gets to.

Nothing would be grandfathered.

Okay. I'm just looking after him because I know how this works at the BZA. I'm good. You good? Mm-hmm.

Okay.

Okay. So I'd like to thank everyone for the additional information this evening. Regarding this item, your comments for the public hearing, we will be considering this item for a vote on July 13th at our next council meeting. Thank you. The next item is 170526 also a public hearing set for tonight to consider the vacation of right away for 20 foot alley located between 115 Morris Boulevard and 117 more of Morris Boulevard. This item was also published in accordance with law. So I'll now call this public hearing to order. And again, we'll accept comments from the public regarding the vacation of the city right away. We'll start with a presentation by Wyatt Pugh to tell us more on the background on this item as well. Thank you.

Yes, Sir. Shown in the survey here, they've split it up into two halves, but the full portion there made up of those two halves is what is being petitioned for vacation. This is an unmaintained alley that has been used as a driveway for a number of years. It looks to have been used for a long, long time. In terms of the And by the way, this also shows, these two exhibits here together show the legal description of this alley. Brian, do you have that sheet that shows the valuation?

Doesn't look like I have it.

OK. Sir? Oh, okay, if you don't mind. So according to the formula set forth in state law as to calculating the maximum fee that can be charged for vacation, which is, again, the square footage value, assessed value of the abutting lots, is applied to the square footage of the lot to be vacated or the parcel to be vacated. And in this case, it came out to 3,108 square feet, which calculated to $17,703.19.

OK. Thank you, Mr. Pugh. Do you have any other comments? No, sir. OK. Thank you. So at this time, I would ask the requesters to come forward and present, and then we'll follow that by any individuals in support or any individuals in opposition after that. Remind everyone, when you come forward, please sign in and state your name and address for the record.

Thank you Mister chairman I'm back in the day I could I could write and speak at the same time but that those days are gone unfortunately. My name is true up Galloway council for David Platt and his daughter and son-in-law Ainsley and both sides who were the owners of the Contract purchaser for the property on the right side of the of the subject property so as one bird's-eye is when Wyatt had it up before it'd be though they would be the procures of the Right side ten feet. I don't have a in my mind North south east west on it, but they they have the would would acquire the land before you and they have the blue house so the land on which the driveway is situated would be their property and miss dameron who owns the property next door is um as a co-petitioner is obviously in favor of this unfortunately she had a travel conflict and could not be here tonight so that is not a display of indifference that is a conflict and hope that. This is a helpful picture that show off my red dot. The sewer main there is evidence of the presence of the sewer function there and there are I think Mister Jackson can correct me I think there were 4 utility letters. Okay, this proposed vacation that have been requested in procured so that they are that is not an issue. This is very similar is interesting listening to the page matter in that visually we would contend that one. Not knowing where the the true president lot line is walking by this House would have the impression that the drive is part of the House. And so what part of the motivation for the plots Is that this would allow them to? with assuredness and Better husbandry if you will to have ownership and dominion Over the driveway and that that would be theirs without question it creates seven a cumulative seventeen thousand seven hundred dollar Payment to the city it also will increase the square footage on of this was mentioned in the page case, but there'll be a little increase in property tax by virtue of the extra square footage should be. And then also it helps them I would contend front with my lawyer had on from an insurance perspective that they have an insurable interest in this land that you know if heaven forbid something happened. their insurance policy could cover anything that happened in the driveway. There was a, you know, two cars hit or, you know, somebody coming in out or a slip and fall. It would, they would have an insurable interest in that, that piece of property, which is in, in realistically and inevitable use for their, uh, for their house. Um, the, uh, They do plan as apparently is the case with the pages that if this is approved upon payment and transfer of the title. They would promptly re survey or seek to re survey the property for their 10 feet into a new lot. So if it was lot 122 it would become lot 122 way with an additional 10 feet in with so that you wouldn't have a straggler 10 foot segment along with the historic lot so that that is in the future for them one thing that I think is supportive of this is that I don't know if we have a bird's eye view, but in a vacation context, and the page property was interesting, okay, yes, this is helpful, thank you, that I like to think of vacations in these type situations as a football field, that you have the sideline parties need to be on board, that they consent to and advocate for or don't object at a minimum to the vacation. And we have that here. They are co-petitioners each seeking to acquire 10 feet. But if there is an end zone owner, the end zone people have to consent. We have no end zone owners here because there is an alley, crossways in the back that is not really an alley, it is a canal or creek, if you will, and across the street from us is a street with a continuation of what is more of a classic drive area or public road alley if you will right there so nobody is getting cheated on the end zone side which i think would would help support the appropriateness of this being considered favorably um the again we've got the utility letters there is i have mr chair if i may approach I have a letter that came in email that is not signed from the players who live in the house immediately across the street.

Mr. Galloway, yes, you can share that with our city clerk for the record and distribute.

Thank you. Thank you Mister chair. So that is pretty much it is we have there we have not received any contact from anybody opposing this but it is we think this cleans it up to make it consistent with what it appears to be in what it functionally years. Very similar in theme to the pages situation so.

Thank you. Is there anyone else who would like to come up and support and speak to this item?

OK.

Seeing none, is there anyone who would like to speak in opposition to this item? OK. I will then, seeing no one else come forward, I will close the public hearing. and ask council if they have any comments. Seeing no comments or questions at this time, similar to the pages in the prior request, we will be taking action on this item or a consideration for a vote at the next full council meeting on July 13. Thank you for your comments and presentation. OK, so other new business next item 02 06 26 requests for consideration of ordinance repealed Chapter two article to section two dash 29. Of the city of code ordinances related to the lying over of money measures will get a first reading tonight on this item. Mr. Jackson, if you will, please.

Yes, sir. This is an ordinance to repeal Chapter 2, Article 2, Section 2-39 of the Code of Ordinances of the City of Homewood, Alabama, relating to the lying over of money measures. Whereas the city has changed its form of government and the configuration of its governing body, and whereas the city's governing body meets semi-monthly in a pre-council meeting which functions as a meeting of the committee of the whole, and whereas the city's governing body no longer operates with a committee structure other than its semi-monthly meetings as a committee of the whole, and whereas the mentioned ordinances were adopted in 1980 and 1991, both contained within Chapter 2, Article 2, Section 2-39 of the Code of Ordinances of the City of Homewood, and whereas the City Council finds that repealing these ordinances is consistent with the current operation of the City Council under the City of Homewood's new form of government, now therefore be it ordained by the City Council of the City of Homewood at a regular meeting duly assembled accord being present as follows. Section 1, Chapter 2, Article 2, Section 2-39 of the Code of Ordinances of the City of Homewood is hereby repealed. Section 2, if any section, subsection, sentence, clause, or phrase of this ordinance is for any reason to be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. And Section 3 is standard effectiveness language.

Thank you so much, Mr. Jackson. So this item, now having had a first reading, we will be up for consideration on July 13th. Next item is 010626, request for consideration of an ordinance related to municipal budget changes, establishing requirements for the adoption of ordinance, approving any change to the annual budget. Back to you, Mr. Jackson, for a first reading.

Yes, sir. Mr. Chair, as you just read the title, I will not read it back. Whereas the city of Homewood adopts its annual municipal budget by ordinance pursuant to the laws of the state of Alabama, and whereas the city council finds the annual budget ordinance constitutes the official legislative authorization, for municipal expenditures and appropriations during the fiscal year. And whereas for other reasons stated with respect to budget changes, therefore be it ordained by the city council of the city of Homewood, Alabama at a regular meeting, duly assembled a quorum being present as follows. Section one is the purpose and intent. The purpose of this ordinance is to require that any budget change to the annual budget adopted by the ordinance for the city of Homewood, the term budget change is defined herein be approved by ordinance of the City Council section 2 is the definition section the words and phrases defined our annual budget appropriation or appropriations budget change and exemptions to the deficit exceptions to the definition of budget change fiscal year fund balance municipal fund and reserves section 3 is any budget change as defined herein occurring after adoption of the annual budget shall be approved only by ordinance duly adopted by the City Council no resolution motion administrative action department approval or other informal action shall authorize a budget change unless specifically approved by ordinance And any ordinance approving a budget change shall identify with reasonable specificity the fund or funds affected, the source of any transferred or appropriated monies, the amount of the budget change, the purpose of the budget change, and any resulting amendment to appropriations or expenditure authority. And the ordinance shall apply to all municipal funds, whether established or maintained in the city's current annual budget, or as may be established or maintained by the city in its future annual budget. Section 4 is a standard compliance with Alabama law provisions. Section 5, nothing herein shall prohibit the city from making emergency expenditures authorized by Alabama law. Provided however that any resulting budget change shall be presented to the City Council for ratification and adoption by ordinance at the next practicable regular meeting of the City Council and sections six and seven are standard severability and effective date provisions

Thank you, Mr. Jackson. Again, that is the first reading for this ordinance. We will take action for consideration, rather, on it on July 13th. Next item, 03-06-26, request for consideration of revisions to the historic preservation ordinance brought by Bo Segrist, city clerk. This is also an ordinance. So Mr. Jackson, can I get a first reading, please?

Yes, sir. And the legislative findings are in summary form. This ordinance amends the appointment and governance provisions for the Historic Preservation Commission to reflect the city's current form of government, to remove obsolete language, and to clarify the role of city council and staff liaisons. the city council finds that the existing ordinance governing the historic preservation committee contains appointment procedures and language that should be updated to reflect the city's current governmental structure and further finds that clarification is needed regarding the appointment process vacancies terms of service and the limited role of any city council or city staff liaison the operative provisions are section one amendment language section 5 343 b of the homewood code of ordinances is amended to provide that the historic preservation commission shall consist of seven members appointed by the city council four members shall represent the city's wards three members shall be appointed at large all members must be city residents and either possess relevant training or experience in a preservation related field or reside in a historic district The terms and vacancies provision provides for Commission members to serve three-year terms. They may be reappointed. They shall serve without compensation except for reimbursement of authorized expenses. They may be removed for cause by the City Council and vacancies shall be filled by the City Council. for the remainder of the unexpired term the organization in rules The Commission shall elect its officers adopted by laws and rules of procedure communicate those rules to the City Council established quorum requirements and retain flexibility to adopt rules and standards without amendment to article 8 of the ordinance and The city council may appoint a council member to serve as a liaison. The liaison shall facilitate communication between the commission and the city council, provide information regarding council practices, and report back to the council. The liaison shall not be a voting member, shall not direct commission operations, and shall not bind the city. The city staff liaison may be appointed by the city manager, any city employee, to serve as a liaison between the city and the commission. The liaison shall facilitate communication, provide information regarding city priorities, and report back to the city manager. The staff liaison shall not be a voting member, shall not direct commission operations, and shall not bind the city. And for sections 2.4, all remaining provisions of Article 8 remain unchanged.

Thank you, Mr. Jackson. Again, now having had a first reading, we will consider it at council on July 13th. The next item is 040626, request to execute a demnification agreement to allow property owners to plant trees in the right-of-way for landscaping strip at 101, 102, 103, and 105 Ventura Avenue brought to us by our city engineer, Amy sorry. This item was a pre Council previously to have a motion to approve.

Motion to approve second.

A motion by Councilor Simmons second by Councilor Lane any discussion. I've turned it on and off. Brian can you hear me OK.

Yes.

Mr. Jackson put him to sleep back there. Thank you, Brian. All right. So that was a motion from Councilor Simmons and a second by Councilor Lane. All in favor? Aye. OK. That passes 3-0. And that will be resolution 2665. Throwing one to the bus. Gather ourselves. All right. So before consideration of the next item, I'd like the record to reflect the purpose of this proposed ordinance. So the ordinance before council would be to establish a temporary moratorium on certain data center development approvals while the city evaluates whether amendments to the zoning and development regulations are appropriate. The city currently has a no pending application for the development or expansion expansion of a data center. The council recognized data centers represented emerging and potentially high-intensity land use that may involve significant considerations relating to electrical infrastructure, water resources, land use compatibility, noise, emergency services, and other matters affecting the public health, safety, and welfare of our city. So the council further recognizes that the city's zoning regulations do not presently contain use-specific standards governing such facilities. The city is presently engaged in an active review of its comprehensive plan and review of long-range planning objectives. So the purpose of this ordinance is to preserve the status quo while the city, through its staff, planning commission, and its public process, evaluates whether regulations governing data centers should be adopted, and if so, what those regulations would be. And the ordinance is intended to facilitate study planning and public participation It is not intended to constitute a permanent prohibition on data centers But rather to provide the city adequate time to evaluate potential impact and develop appropriate regulations through a deliberate and transparent process So with that statement for the record will the city attorney please read agenda item? 1506 26

Yes, Sir and for the Council's and public's convenience a 6 page ordinance which is posted is being shortened to a 2 page reading for tonight. This ordinance establishes a temporary moratorium on the approval of certain large scale data centers while the city reviews and considers appropriate zoning infrastructure utility and development regulations applicable to such facilities. Legislative findings include that the City Council finds that large-scale data centers may create significant demands on water resources, electrical infrastructure, emergency services, transportation systems, and other public facilities. The council further finds that such facilities may affect land use compatibility, neighborhood character, noise levels, buffering, screening, and overall quality of life. The Council finds that Homewood is currently reviewing its comprehensive plan and that its zoning regulations do not presently contain use-specific standards governing data centers. The Council further finds that facilities exceeding one megawatt of aggregate electrical demand may warrant additional review and that a temporary moratorium is necessary to preserve the status quo while appropriate regulations are developed through a public process. The operative provisions are section one, the purpose of this ordinance is to suspend temporarily the acceptance, processing, review, and approval of applications relating to the establishment or expansion of data centers while the city evaluates appropriate zoning, land use, infrastructure, operational, and development standards applicable to such facilities. Section two is definition. Data center means a facility primarily used for servers, computing equipment, networking equipment, cloud computing infrastructure, artificial intelligence computing infrastructure, or similar systems used to process, store, transmit, or manage digital information. which operates at is designed to operate at or is reasonably anticipated to operate at a maximum aggregate electrical demand greater than one megawatt facilities at or below one megawatt are excluded section three temporary suspension all city activities relating to the acceptance review approval permitting licensing or authorization of any new data center or expansion of an existing data center shall be suspended The city shall not accept or act upon any rezoning, conditional use, variance development plan, site plan, building permit, land disturbance permit, certificate of occupancy, utility approval, or other authorization required the establishment or expansion of a data center section four are the exemptions section five is the term the moratorium shall remain in effect for 12 months and may be extended once for up to six additional months upon written findings by the City Council and sections six and seven are standard severability and effective date provisions

Thank you, Mr. Jackson. We discussed this at pre-council. Would welcome additional comments, but would also entertain a motion for unanimous consent.

So moved. Second.

Okay, we have a motion for unanimous consent by Councillor Simmons, second by Councillor Lane. Can I get a roll call vote, please, Mr. Seegers?

Yes, sir. Councillor Simmons. Yes. Councillor Sims.

Yes. Councillor Lane.

Yes.

OK. Having a motion for unanimous consent now, I would entertain a motion to approve.

I move that we approve. Second.

OK. Again, I have a motion from Councillor Simmons to approve the item, seconded by Councillor Lane. Is there any discussion? Okay, hearing none, can I get all in favor? Oh, sorry, roll call. That's the part I was missing. Can I get a roll call vote, please, Mr. Seegers?

Yes, sir. Councilor Simmons? Yes. Councilor Sims?

Yes. Councilor Lang?

Yes.

Okay, thank you. That passes 3-0, and that will be Ordinance 2979. Thank you. Next item is 20 oh 626 request for consideration of approval vouchers for a period of June 9th through June 22nd Brought to us by JJ Bischoff chief of staff Kelly Lee accountant and both secret city clerk Can I get a motion to approve this item? so moved and Second I have a motion by councillor Simmons and a second by councillor Lane any discussion or questions No questions everything good okay all in favor aye all opposed okay that passes three to zero and will be resolution twenty six sixty seven sixty six Okay, next item. We're getting to the part where we added two items from pre-council. 160626, request to set a public hearing for consideration of declaring the property at 405 Woodvale, a public nuisance brought to us by Scott Cook and Code Enforcement. So we will set that public hearing for July 27th, 2026. Next item is 1806. 26 request for consideration of us-31 a trip to concurrence and funding brought to us by the city engineer as a reminder this is a resolution and ordinance so the concurrence letter plus the ordinance for the budget aspects of this do i have a motion to we'll consider the resolution first do i have a motion to approve the resolution motion to approve the resolution second okay that's a motion approved by councilor simmons seconded by councilor lane all in favor aye aye okay that passes three to zero um and will be resolution 2667. okay so then now under this item we'll consider the ordinance um can i get a first reading for the ordinance mr jackson

Yes, sir. I am making sure I have the date right because I have to write it in.

That's great. Thank you.

Whereas the city Council of the city of Homewood has previously adopted a general fund budget for the fiscal year 2025 2026 and whereas the City Council has determined that there is a need to amend the budget to provide for a transfer of funds from the carryover fund balance account in order to satisfy the financial obligations authorized by resolution number 2767 adopted by the City Council on June 22nd 2026. Therefore be it ordained by the City Council of the City of Homewood Alabama at a regular meeting duly assembled accord being present as follows number one the City Council does by the adoption of this ordinance amend the general fund budget for the fiscal year 2025 2026 to provide for the following transfer of funds nine hundred eight thousand two hundred ninety nine dollars and eighty one cents from an identified account number carryover fund balance to an identified account number for a trip to and Number two, that all other provisions of the general fund budget for the fiscal year are to remain in full force and effect and are not affected by this ordinance in section three is the effective immediately provision.

Thank you, Mr. Jackson. And as we discussed at pre-council, this item is time sensitive due to an ongoing project with . We were working under a deadline with them to have a response back by Wednesday. you know funding for the project which will leverage additional work being done not only for access management but also paving along this corridor and the scope was shared with us from staff so given the timeliness of this i will entertain a motion for unanimous consent so moved second okay that's a motion by counselor simmons second by counselor lane um can I get a roll call actually. Mister Seegers, yes, Sir.

Council Simmons, yes, Council Sims, yes, counseling, yes.

OK, so the mission for unanimous consent passes 3 to 0. Could I get a motion to approve?

Motion to approve. Second.

Okay, that's a motion approved by Councilor Simmons, seconded by Councilor Lane. Can I get a roll call vote, please, Mr. Seegers?

Yes, sir. Councilor Simmons? Yes. Councilor Sims?

Yes. Councilor Lane?

Yes.

Okay, thank you. That item passes three to zero and will be Ordinance 2980. All right, I believe that concludes our agenda. Having no further business to attend to, we'll turn to announcements. Councillor Simmons, do you have any updates to share?

A few. Just real quick, Pickleball Kingdom, I had an opportunity to visit the facility, and in fact, my wife joined, so that's another bill. And I pray that she goes. But anyway, it's a great facility. I actually thoroughly enjoy it and would consider joining myself. Listen, I think it's a great addition to Lakeshore, and I encourage people to get out and get moving. Lastly, I put emphasis on this last time, but just safety and Counselor Lane has been a big proponent of this as well. But just moving about the city, you can see a lot of people moving about, kids riding bikes and on other things. I just urge that they wear their helmets. I stay safe I am encouraged that in the fact that they're actually outside and not on their phones and iPads. You know I I fight that battle in my house with my 2 girls. But I I'm encouraged by that but all I ask is just everybody to be safe move about the city and enjoy what what we've got our amenities are amazing and we live in one of the best cities in the world. Thank you.

Council lane in the updates.

I'd like to second everything Councilor Simmons said, because I have been... Well, you have been all night. Second. So anyway, what he was just discussing, it's nice to see the kids outside doing those. I'd rather them be pedaling instead of pushing buttons. It would be a lot nicer. But anyway, that's one of the things. But I would like to thank everybody in Homewood. The response... And the contributions and everything that was followed up on this 4th of July presentation, the awards that we're doing for the merchants have stepped up great. The residents have stepped up great. The signs have blown out. And we're having to reorder, actually. So this is going to be, it's good for the police foundation. It's good for the fire department foundation. for the kids in the band going to the Netherlands next year, right? Am I correct?

No, it's 27th.

In that next year? Was this 26th? What year are we in? Well, school year. Okay, excuse me. But anyway, so the contribution has been great, and the residents are really excited about decorating and showing their support for the 4th of July festivities. So thank you.

Fantastic. I would just like to remind everyone speaking of 4th of July City Hall will be closed on Friday July 3rd and also the July 4th celebration will start downtown at 5 p.m. with thunder on the mountain at 9 so hope to see everybody. down on 18th Street on the 4th of July and at other events going on throughout the city. Help us celebrate not only July 4th, America 250 as well. Chris, thanks for your coordination involvement with the signs. That's been a really fun additional component of this year's celebration. As a reminder, our next meeting will be on Monday, July 13th. And with that, we stand adjourned. Thank you.