City Council - Regular Meeting

forum. Um, if everyone will rise for the invocation and pledge of allegiance led by councelor Schulz. Amen.

Salute to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all. Okay, members received a copy of the agenda. Um, do I have a motion to adopt the agenda? Second. So move second. I have a motion and a second. All in favor say I. I. Those opposed,

the eyes have it. So recognitions, we'll start with Mr. Mayor. Do you have anything tonight? I do. um like to introduce uh the new president and CEO of the Greater Birmingham Convention and Visitors Bureau, Mr. Dan Williams. If you will come on up here. Uh Derek Murphy and I had a chance two weeks ago for a tourism reception at Montgomery. Got to meet him and uh we're all here about to hear about his resume, but also to hear about what he wants to bring into uh the Birmingham Hoover and metro area. So, thank you for being here.

Well, thank you for having me. Um, I'm extremely excited to be here, be in this community. Uh, that's a that's a great picture, Jess. It makes me look so much so much younger than I look in uh real life. But no, again, um I know how meaningful uh the tourism economy is for Hoover. And we are extremely excited to work with all of you, the council, and work extremely closely with Mayor Deris to help drive the tourism economy in this community and to help bring more uh events to the community. Um, again, we are I'm extremely excited to be here. Um, extremely excited to work with all of you. Um, and extremely excited to see my first SEC baseball tournament. As I hear, it's a spectacle in itself. Uh but again, thank you for being so welcoming and giving me a little time this evening. But again, extremely excited to be in this community and working with all of you. So, thank you, Councilman McClintto. And thank you, Mayor Ders.

Very good. Thank you, Dan. Sir, I would think in your in your off time you'd be a running back for the Stallions. You know what? I'm a little too old for that. Actually, I'm way too old. Thank you. Next, we have a report from Dr. Lopez about sales use tax revenue. Revenue is good.

Good evening. Uh just going to give a report on the sales and use tax revenue. Remember that makes up about twothirds of our general fund revenue uh in the budget. uh when you compare the this is through February. So that would be the first five months of the fiscal year. When you compare it uh the growth in the previous year was around just under 4%. Uh in the current year the growth is about 2%. So the good news is there is growth. Uh the measured news is that it's not quite as much growth as we had the previous year. Uh that equates to about a million dollars through five months. And uh but uh the good news the general sales uh tax was one of the higher increases on that. So kind of your local uh so that's good in itself. We're actually uh working also to uh complete the audit and the annual uh comprehensive financial report for fiscal 25. We're shooting for the end of April, uh, which is, uh, pretty good considering we didn't hire an auditor until mid mid to late December. So, uh, we're looking for that. And after that, we hope to kind of get back to where we can create some good financial reporting for you going forward. Uh some news. We did find out this past week that the the city uh was awarded the uh annual award for excellence in financial reporting which is mainly looking at the transparency of the financial report for users of it which we did receive that again. So

Mr. President, Miss Lopez, that 2% is that over the previous year? It's uh it's 2% over the previous year actuals. Yes. Thank you.

Sorry, I didn't have my microphone on.

That's okay. Thank you so much. It's good to be with you all this evening. My name is Ben Fuller. I am the chief deputy district attorney for the Shelby County District Attorney's Office and I am running for the newly created district court place three in Shelby County. Not running against any of our current judges. We like all our current judges just fine in Shelby County. But this is a new seat that the legislature has blessed us with and we're thankful to have it. Uh it has been since 1990 since Shelby County added a district court judge seat. That's about 140,000 citizens ago since we last added a district court judge. So, it was long past time that we had a district court judge seat added in Shelby County, and we're thankful that the legislature saw fit to do that. Uh, before I get into my qualifications for it, I I always like to start off by telling folks exactly why you should care about your district court. Um, district court is where the business of our counties occur at. It is the highest volume court in our courthouse. It's where I think sometimes people think things are inconsequential in there. They're not inconsequential. They're smaller, but they're not inconsequential. And in real terms, it's where the business of our county occurs at. So there's really four or five broad categories that the district court is responsible for. First of all, unlawful detainers and ejectments. If you've got somebody that's living in a piece of property, you need to get them out. That uh eviction proceeding is going to go through district court. Um small claims matters, that's civil matters up to $6,000. That's the exclusive jurisdiction of district court. Civil matters outside of small claims up to $20,000 are now concurrent jurisdiction. That means it can go through district court or circuit court. And then perhaps most importantly, district court is responsible for criminal cases. Uh misdemeanor cases start and end life in district court. If it's a misdemeanor offense that occurs in unincorporated Shelby County, that's going to begin and end in district court. And then all of our felony cases, whether they occur here in Hoover, whether they occur in Alabaster, whether they occur in Colombana, whether they occur in unincorporated Shelby County, all of those begin life in our district court.

Um, so this judge is responsible, the district court judges are responsible for in real terms whether or not someone gets out of jail. Um, if they get out of jail, what bond they get when they get out of jail. We talk about Annayia's law now that that goes through our district court. Our district court judges are responsible for deciding the worst offenders in our society whether or not they are going to be granted a bond. Uh, and then also on top of that, they're responsible for deciding whether or not a case moves on to the grand jury. So, this is very serious business that goes through our district court and we need a judge that can get in and serve from day one. And I'll tell you that I believe that I am the most qualified in my depth of courtroom experience of all the candidates that are running. I have handled every kind of case there is to handle in a district attorney's office from complex civil litigation on asset forfeertures um to speeding tickets and traffic tickets, DUIs up to murders, lots of murder cases, unfortunately robberies. I have unfortunately been called on to seek the death penalty on behalf of the citizens of Shelby County. That doesn't get much more serious than going into a courtroom and asking for that. So, I have an incredible depth of experience and I've earned that experience in the courtroom, which is where we expect our judges to have their experience. We expect them to be able to go in and from day one be able to do the things that we want our judges to do. Rule judiciously, efficiently, quickly, with justice, and to get it right. I uh have a experience that I think is certainly unique among all the candidates. A few weeks ago, many of you may have had an opportunity to attend the Blanket Fort Hope ball here in town. It's a great organization supporting human trafficking victims. We're lucky to have them in Shelby County. Uh at the end of my night, as I'm walking out from the Blanket Fort Hope Gala. Uh I got a phone call from the Kier Police Department. We've had a murder case. And so I checked with our district attorney, Mr. Casey, and headed on out to the scene. That's not an experience that's been unique over my career. I've frequently been asked to come out to the scene of murders. And I spent all night that night out with Kalier PD investigating that murder. I don't get called out to that scene because Hoover Kier PD said, "You know what? We'd

really like Ben to come out and help us screw this case up." I get called out because they know that I can come out and advise them and advise them well to get it right. These kind of cases, every kind of criminal case, as Mayor Deris knows full well in his experience on force, we get one opportunity to get it right. And I don't say that to say that uh well, Ben's really going to back up police. I will. I'm proud to stand with police. I'm proud to have stood with police, but I'm not a rubber stamp either. I think Mayor Deris will tell you there's no one that is more likely to tell the police department no than the district attorney's office. It's inherent in our position. I have had more experience telling our police officers no than probably anybody else because it is inherent in what we do. So, I know what goes in and what goes out of making a crime and getting it right the first time, making a case and making sure it sticks. And that is so important because we only get one opportunity at it. I think it's important that this judge be somebody that when they get a call in the middle of the night, first of all, they pick up the phone. Second of all, when they get that call and they're waking up from asleep, they know exactly what they are doing for whoever's on the other end of the line to get it right for the citizens of Shelby County. So, with that, I appreciate the time to address you this evening. I welcome any questions afterwards. I'll stick around and I would humbly ask for your vote come May 19th on the Republican primary. Thank you so much for your time this evening.

Thank you, Mr. Fuller. Uh, at this time we have someone from leadership Hoover come up. Mr. Bowm. Welcome. Thank you.

Um, if you'll state your name for the record, please, sir.

Um, my name is Subu Borm. I'm living in Hoover for almost 25 years now. A good friend, um, Mr. Minton. We used to live on the same street in Lakes Citrus. Um, thanks to the Hoover Council for giving me this opportunity. I'm in the leadership Hoover class of 2026. Um, my team name is Synergy Squad. Um, I'm here to talk about our project um for this uh class. uh each year leadership classes they uh come up with uh projects uh which are uh community centric and our project is also uh very communitycentric. We uh this involves the students uh families and also local businesses. Um the project is to build a um hoover puzzle. Um looking at the uh focus act students are spending lot of time uh in the school not with the gadgets and the cell phones but they are working on other projects. So uh our team um thought that um bringing up a Hoover city puzzle and presenting it to the um schools, libraries and the businesses makes more um helpful for the students to spend their time uh outside the electronic gadgets. So this puzzle involves all the wonderful landmarks we have in Hoover. And um if you can uh you can see uh the sample this is a sample puzzle this is not the exact one we added couple of uh uh highways that go through Hoover like I65 459 31 and all and all the wonderful um Hoover iconic locations like um

stadium trace Rosbridge historic parks rock park and um this puzzle will uh engage the students students and their families and also uh it'll be a learning uh process for the students uh which uh iconic location is where on the map. So that that is the idea and so uh where we are right now right um right now um we found a um manufacturer who we who who promised us that uh they can build the um puzzle and deliver it to us uh within one month after ordering. And the idea is uh to involve the local businesses, the Hoover local businesses so that we uh for that we um set up the puzzle pieces all along the perimeter of the puzzle and we are offering a sponsorship uh option of $250 for each u business. So, your your $250 go a long way in getting this uh puzzle project to um move on. And uh because we are ordering 500 puzzles right now, that means not more than 50 cents for each puzzle. And these puzzles will be going to all the schools, libraries, and some of the businesses. Um they promised us that they are going to buy them in bulk and sell them in their businesses like Alabama goods and all. So this is a wonderful project and I would like to request the um council to spread the word for us and see if the local and suggest the local businesses to uh come come forward and participate in this and um the idea of coming to Hoover city

council and uh do the presentation t thanks to councilman Mr. Schulz and uh Mr. Minton when we met them at the um other meeting and they suggested why don't you come and do a presentation. Thanks to them and thanks to Wendy for uh the help setting up the appointment. Thank you so much. Thank you Mr. and I have some flyers with me. If any of you would are interested uh I can give you those uh flyers and uh uh you can get all the details from the flyer. Thank you so much. Mr. B, how do people contact you for sponsorships? Um, as I said, I have flyers with me and those flyers give them all the details. Thank you so much. Thank you.

That was all that signed up on online and out outdoor out outside there. Anybody else public comment? Very well. We'll move on to the consent agenda. We went over these items in detail on Thursday. Uh, are there any items that council wants removed from the consent agenda? Seeing none, any from the public? Okay. Mr. City Attorney, if you'll read the consent agenda, please. Item number one.

Item number one is review of payment of bills. Item number two, minutes from March 5, 2026. March 9, 2026. Item three, resolution number 878726. A resolution approving alcohol license for five-star concessions uh DBA 2026 regions tradition golf tournament located at 4100 Greystone Drive Hoover for the sale of 140 special events retail Ruth Elizabeth Engel Jeffrey Leverne Hansen and J Michael McGrath executives item number four resolution number 878826 a resolution declaring that certain personal property is not needed for public or municipal purposes and directing the disposal. Item five, resolution 878926, a resolution authorizing the mayor to execute a contract with AT&T Enterprises LLC for AT&T Business Voice Services. Number six, resolution 879026, a resolution authorizing the mayor to execute a service agreement with Firehouse Ministries for emergency shelter services. Number seven, resolution 879126, a resolution authorizing the mayor to execute an agreement with SH Engineering Company for flood plane management and flood mitigation grant program services. Number eight, resolution 879226, a resolution accepting change order number one and authorizing the mayor to execute any and all documents necessary to effectuate the change order for the NCFI addition project. Resolution 879326, a resolution authorizing budget amendments for the fiscal year uh ending September 2026 for the Hoover Fire Department and Hoover Police

Department and authorizing the mayor to execute any and all necessary documents to effectuate the purpose of equipment and completion of a jail security screening system upgrade. Number 10, resolution number 879426, a resolution authorizing the mayor to execute a contract with Pyro Shows of Alabama in Incorporated for a fireworks display. And resolution number and number 11, resolution number 879526, a resolution approving and asenting to a declaration of vacation of a utility easement located on the property at 250 Riverchase Parkway East. Mr. President, I recommend we move all these items on the consent agenda.

Second. I have a motion for approval and a second. All in favor say I. I. Opposed. The eyes have it. Moving on to our regular agenda. Resolution number 8777A26. Mr. City Attorney. A resolution amending resolution 877726 for the purpose of waving performance bond requirements for FanFest Contractor Drummer Boy Productions LLC DBA Martin Sports Properties. Um for discussion, u Mr. President, uh request we move this resolution. Second.

I have a motion for approval and a second. Comments and questions from council. Yes, I got just a few. Um, uh, Mr. Attorney, can you just give us a quick opinion on your thoughts as we proceed with this? So, we'll make sure one on the record on that and I have one more comment. Mr. President,

Mr. President, Council, Mayor, um, this item, um, last week I don't think it was completely conveyed that it's a it's an RFP as opposed to a bid. big distinction. Um the the RFP documents in at least three locations allows for negotiations and discretion for council. That is not discretion that's uh enjoyed by your staff or your lawyers. It's only for you. So uh when the proposer, if you will, presents an issue, your staff can't summarily reject it or agree specially agree to it. you all are the arbiter of that issue of whatever they want to negotiate. So that's the distinction there and um the uh reservation of rights provisions of the RFP specifically allow for that type of negotiation and discussion with the proposer. It's not something it's incumbent upon you to agree to. However, um that is something that uh you can do without falling into this um pattern of acceptance. You don't you don't have to accept it in the future is a case- by case basis.

Right, Mr. President, just a couple things. Thank you for that. So, just be clear. The staff is recommending that we proceed. So, we are the body to I'm getting Mr. Yeah, Mr. Pepper would have to um speak for that.

Good evening everybody. Evening. Yes, I I would recommend that we proceed uh to wave the w the performance bond.

All right. Well, that's all the questions I have on that. I got one more comment. So, I' I've been in conversation with uh Councilman McClinton quite a bit and uh as it relates to we both co-chair the uh econom the economic commerce piece of uh city and also he's a big advocate of tourism and I believe the mayor have done a really good job of transitioning a short period of time into his role and balancing everything out. But I do want us to I want to throw some numbers. gentleman numbers person out there on how aggressive we want to uh be a part of the investment of the SEC championship game. Okay, so the SEC football game on average views have about over 16 million viewers. Okay, and based upon some data, I mean y'all can cross reference me on that. We're talking close to 2 million on the SEC championship that's located in Hoover. Anybody uh look at different games that SEC or Alabama, Auburn, whoever play, they use as an opportunity to have a commercial to market why you should come to this great fantastic school, right? And we talking about from a risk standpoint, this about the lowest risk we possibly have to have a contract that is slated to go through 2028 and have extension to 2030. And we've had this since 1998. I've had opportunity to go to one SEC football championship and I'm telling you it makes you want to go back again. All right. And for us as a city uh to have the SEC championship to be seen by millions plus viewers around the nation, I think we got to start thinking about other opportunities uh to move forward when individuals come to our city to market it extremely well. One u idea several ideas mint have I think will work out extremely well, but I did want to just make that statement. Uh, and I'll yield my time, Mr. President.

Thanks, Mr. Murphy. Any other comments or questions? Mr. President, Mr. Pepper, is this a two-year agreement? It is a two-year agreement. Yes, sir. And he would be able to do without a bond for two years, then? Uh, I guess that would be up to the council. If I would think if you maybe you wave it the first year, it would be waved the second year, too. But, but for the extension, we could request a bond. I suppose we could. Yeah, maybe you should let them know that that might be coming for the extension. Okay, perhaps just depends how the first two years, first three years go, right? Thank you, Mr. President. Any further comments or questions from council?

Mr. President, I did just want to um state that I think it's important that we not view this as a um precedent that we are going to routinely wave performance bonds in the future. So, I just want to be clear that this is a special situation. There was a misunderstanding by the the RFP respondent about whether they needed to have this bond. And so I would just expect that going forward if we put it in our RFP that we're going to hold the applicants to it.

Well, to piggyback on that, I will I will challenge our staff and attorneys to determine if that is industry standard. Do these performance bonds need to be in the language of the RFPs and and bid processes? Uh or is that something that we want to consider removing from Mr. Chairman, I do not recommend removal. Okay. Very good. Just straight on on future ones. Not this one. Future ones. I'm a fan of performance bonds to protect the city.

Very good. Any further comments or questions from council? Any from the public on this issue? Seeing none, all in favor say I. I. Opposed. The eyes have it. Uh we will move on to a public hearing for resolution number 878326. Mr. City Attorney, a resolution declaring as a public nuisance the conditions allowed to exist on the property located at 3766 Abby Glennway Hoover, Alabama and requiring immediate abatement. Going to proceed with public hearing. It's public hearing first, right? Go ahead. Motion motion for uh resolution 878326. Second.

I have a motion and a second. This will open up the public hearing. Uh any members from count Well, Mr. Martin, why don't you give us an update first?

Sure thing. Uh we did have some discussion about this on Thursday night at the work session. Uh since that time uh we have revisited the site and we actually have several pictures that um should be in the system for us to share at this time. Um what staff found on the site again as a persistent case of items being stored outside that by code should not be stored in an exterior area or yard. Uh that includes uh dilapidated furniture, uh organic materials and debris that are piled up, uh as well as um items such as um various rubbish, kitchen, household items, appliances. Uh we found several appliances uh operating on the site that are stored outside. So just walking through some of the pictures uh here uh you can see there are a number of appliances, a freezer, it's like a small convection oven, uh box fans, and some other items that are stored outside in the elements uh throughout the yard. There's also a good bit of landscape matter uh that is stored on the site uh and other materials uh buckets, tubs, other things that are collecting water over time and um as a result producing mosquitoes, other bugs as well as noxious odors. Um again there are also other instances of organic and um organic materials, rotting materials that are being stored as as the homeowner indicated as mulch. But um our code enforcement officials found that uh what she is considering mulch to be um

consisting of a variety of rotten materials and producing a substantial amount of odor that is uh being felt by neighbors u next door. So, uh, we find that there are several violations to city code, uh, the property maintenance code and other, uh, aspects of city code and are asking at this time following the public hearing that a nuisance be declared and that staff be authorized to pursue remedy in a court of competent jurisdiction.

Very good. This is a public hearing. Uh, any comments or questions from council? Seeing none. Uh any comments or questions from the public at this point? Seeing none, we will close the public hearing. We have a motion uh and a second to adopt. Once again, any comments, questions from councel? Any from the public? See none. All in favor say I. I. Those opposed? The eyes have it. We'll move on to a second reading for ordinance number 262688. Mr. City Attorney,

an ordinance authorizing Hoover Fire Department to charge a fee for service for cost recovery of non-emergent lift assist responses to Alabama State licensed assisted living, residential care, nursing facilities, and other healthc care providers within the city of Hoover. So move as it relates to ordinance 262688. Second. I have a motion and a second. Any comments or questions from council on this issue? Mr. President, is anybody here from the fire department tonight?

Um I believe if anybody has any questions, I am up to date enough on this. I have been for many years that I could probably answer any questions that anybody has. Very good. I also um got a text. I think the mayor has always wanted to act as the fire chief and pass the test. He he would also be able to stand in. Now he hires he hires the fire chief. Any comments or questions regarding this item?

Any from the public? You get off get off light. All right, Miss U. Dickerson, can you call the role, please? Council Pro Tim Driver. I council member Schultz. I. Council member Smith. I. Council member Levelville. Hi. Council member Murphy. I. Council member McClinton. I. Council President Middlebrooks. I. Seven eyes, zero nays. The ordinance passes. Uh we will now move on to ordinance number 262693 for uh this will be an ordinance for immediate consideration. U Mr. City Attorney,

an ordinance to amend uh chapter 16, article 2, section 16-13 of the municipal code of the city of Hoover uh to change the time of meetings.

Uh make a motion to adopt uh ordinance 26203. This would be for first you need to Yeah. Mr. President, I'd like to make a motion to suspend the rules. Got a motion and a second for the suspension of rules for immediate consideration. Can you explain Can you explain what that means?

So, normally uh ordinances take uh there's a first reading at one council meeting and then the following council meeting you'll have a second reading. Um, so in order for us to make a immediate consideration on the first reading, we have to suspend the rules to vote on it tonight. Uh, Mr. Schulz, can you explain the reasoning behind the immediate consideration? We are just moving the start time from 5 to 5:30 to make sure that all members of the uh, arts council can make it to the to the meeting.

Uh, the vote for the immediate consideration does have to be unanimous. So, uh, is there any other comments or questions from council on this? Any from the public? Miss. Dickerson, please call the role for the vote for immediate consideration. Council pro Tim Driver. I. Council member Schultz. I. Council member Smith. I. Council member Levelville. I. Council member Murphy. I. Council member McClinton. I. Council President Middlebrooks.

I with a vote of seven eyes, uh, we will move on to the vote for the actual ordinance. Uh, is there any further comments or questions from councel? Any from the public? Mr. Dickerson, if you will. Uh, it will take another motion in a in a second. I'm sorry. Mr. Schulz, you want to make a motion for adoption? Make a motion to adopt ordinance 262 2693. Second. Have a motion in a second. Miss Dickerson, if you'll call the role. Council pro Tim Driver. I. Council member Schultz. I. Council member Smith. I. Council member Levelville. I. Council member Murphy. I. Council member McClinton. I.

Council President Middlebrooks. I. The seven eyes. The ordinance passes. We will now set a public hearing for uh April the 13th at our next council meeting for resolution number 878626. Mr. Brunson, if you will, a resolution granting conditional use approval for the operation of an in operation of an event venue at property located at 2084 Valley Dale Road. Very good. The next items will be a first reading for ordinances. Uh there will be no action taken tonight. We will just go through and and read those one by one. Uh first ordinance number 262689. Mr. Attorney,

an ordinance to adopt a revised uh the zoning map of Hoover, Alabama. And I understand this may require an additional first reading at the next meeting uh due to some details with the mapping images. That's correct. Uh, ordinance number 262694, an ordinance to amend the ordinance number 263, the city of Hoover, Alabama, entitled the zoning ordinance of the city of Hoover, Alabama for the property located at 3269 Monte Dioro Drive to be zoned to R1 single family residential and ordinance number 262691,

an ordinance to amend ordinance number 263, the city of Hoover Hoover, Alabama entitled the zoning ordinance of the city of Hoover, Alabama for the property located at 204 Shelterwood Circle being zoned from R1 single family to RLSF Legacy Single Family District. And ordinance number 262690, an ordinance to to amend ordinance number 263, the city of Hoover, Alabama, entitled the zoning ordinance of the city of Hoover, Alabama for the property located at 3236 Pinehurst Drive being zoned to R1 single family residential.

Very good. That brings us to the conclusion of our business portion. Any comments or questions from council before we Mr. President, uh Mr. Mayor, have you been able to reach out to the council's representative to the proam yet? I have not. I know I know she's looking forward to that opportunity. Everything in our power.

Any further comments or questions for council? Mr. Mayor, you have anything? I just want to say that uh we had the fanfest for the Birmingham Stallions at the Brock Scout Brewery on uh Friday from 4 to 6. Good crowd uh new coach and and players there. Everybody had a great time and uh it was good to see a good successful uh and and exciting for for the Hoover residents and kids to to meet the players and so forth. So appreciate everybody that that attended. Thanks. M Schulz, you have something? Um just an update on the board of education applications. We only had one application which was Mr. Pette. Uh so we will make the reappoint at in an April um council meeting.

Very good. With that we're adjourned. Thank you.