City Council - Regular Meeting

Tonight, it's my privilege to recognize two very special individuals here of our Hoover community. We have Sarah and Harper Little. So at just seven years old, these remarkable twin sisters have already shown a level of courage resilience and determination that inspires all of us. Born at only 28 weeks, Sarah and Harper have faced challenges that many of us can scarcely imagine. Yet through the unwavering love of their family and the support of the community and their own incredible strength, they continue to thrive. So they are students of the Hoover City School systems. They're active in Girl Scouts, horseback riding, and bring joy to everyone they meet. I can attest to that this afternoon. Their lives remind us that every child has unique gifts to offer and that inclusion, compassion, and perseverance make a community stronger. So we're especially proud that Sarah and Harper have been selected for the 2026 Journey of Hope honorees by United Ability, an honor that recognizes not only their inspiring journey, but also the hope that they bring to others. So Sarah and Harper, thank you both for reminding us all of what true courage looks like. Your smiles, your strength, and your joyful spirits are an inspiration to the city of Hoover, and we are incredibly proud to celebrate you both tonight.

And I want to say I enjoyed having you guys in the office earlier, and I want you guys to come back and visit.

Watch your toes. Before I hand it over to the Mayor Durzis, I'll recognize one more special guest in the audience tonight, former Council Member Joe Reeves. Joe, thanks for coming out, buddy. You're a staple here, so we appreciate it.

Thank you.

Mayor?

Thank you, Mr. President. Just want to recognize a couple of individuals that really had a lot to do with our fourth on the first, which I thought was a tremendous success. Regardless of the lightning, thunder, rain, we got through it. And as many people were leaving, we had many people coming down Stadium Trace coming to it. So, again, I want to ask Ryan Smith... Kristen Valentine, Katie Bertella, and Aaron Cobol, our director of Park and Rec, to please come down. James Young, our Park and Rec manager, and Debbie Rutherford, events coordinator, could not be here. But again, this was an effort that all of them had, but we can't say enough, too, about our fire, police, everyone that took place that night, and all the volunteers. And of course, we got the world record for having Over 2,700 Coca-Colas opened up at the same time. Great fireworks presentation. So again, I want to say thank you to the staff here for the tremendous success. And the only problem is what are we going to do next year? That's the question. So good luck to you guys.

All right. Council has received a copy of the agenda. Do I have a motion for adoption?

Motion for approval of the agenda. Second.

I have a motion and a second. All in favor say aye. Aye. Those opposed? The ayes have it. Before we get into the business portion, we do have some public comments that people have signed up for. First, I'll invite Mr. Patel to come up. You'll just state your name and general vicinity of where you live in Hoover, and you'll have four minutes, Mr. Patel.

Yes, sir, my name is Bhavik Patel. I reside here in Hoover, just off of Stadium Trace.

Hi, my name is Agna. I live in South Lake. Welcome.

Okay, we also have a presentation, if we could probably show that also. All right, . Good evening, council members. On behalf of our community, we would like to extend our thank you for allowing us this opportunity to be with you all here tonight. We would like to use this time to extend a very warm welcome to our wonderful Hoover community to come celebrate with us as we open our new Indian Community Center.

So I'm gonna briefly give you guys a background of what BAPS is and who we are. So BAPS is a global Hindu socio-spiritual organization. It's dedicated to promoting faith, service, and harmony in communities around the world. For thousands of years, Hindu thought has carried one truth, that we are all connected and that our greatest joy is found in serving others.

BAPS brings people together through three key pillars. Culture, seen through festivities, dance, and education. Architecture, seen through the beautiful mandirs that preserve tradition. And service, that's demonstrated through selfless volunteerism. These three pillars help build stronger and more connected communities.

BAPS was founded in 1907 in Bocas in India by Shastriji Maharaj based on the teachings of Bhagavan Swaminarayan. In 1974, it expanded to North America under the guidance of Pramukh Swami Maharaj. And in 2023, the Robbinsville Akshardham became the largest Hindu temple outside of India. And in 2026, we look forward to opening our new temple right here in Hoover.

BAPS has had a meaningful presence in Birmingham area for decades. In 1997, BAPS established its first center here in the Southeast region, right here in Birmingham. In 2000, our spiritual leader, Pramukh Swami Maharaj, first visited Alabama and was honored by receiving a key to the city. In 2020, the city of Hoover approved redevelopment for our future Mandir site. This journey reflects a growing partnership with the local community.

Our new Mandir here in Hoover represents more than just a building. It will serve as a place for worship, learning, service, and community connection for generations to come.

And over the past five years, more than 32,000 volunteer hours have gone into this project. From demolition to construction, every effort has been driven by faith and a spirit of service.

Along the way, BAPS has continually brought people together through events like Brahmukh Sai Maharaj's centennial celebration in 2022, Hindu Hridayamillan, which was a vibrant musical performance in 2024, and our annual Diwali festivals. These events foster connection, culture, and shared experiences.

and service extends into health and wellness initiatives, including annual health fairs, blood drives, disaster relief efforts, and health awareness conferences. These programs aim to uplift and support the broader community.

BAPS also proudly partners with local and national organizations such as Susan G. Komen, the Firefighter Cancer Support Network, Ronald McDonald House, and more. Through collaborative partnerships like these, we strive to work together to build a more supportive community.

and at the heart of everything we do is our one guiding principle, in the joy of others lies our own. We know that as you, as the city council, understand this period of service because you live it every day. Like you, we did not do this alone. We're deeply grateful to our state and local officials, utility providers, contractors, and every neighbor who offered advice, encouragement, and a helping hand.

And so with great joy and deep gratitude, we warmly welcome you to our neighbors to be a part of this journey and to the opening of our new month here from July 31st to August 2nd. So this upcoming weekend together, we can continue building a stronger, more compassionate community. Thank you.

Thank you. Thank you all for coming out.

We have our invitations that he's going to hand out to you all. Thank you so much.

We also have two members of the audience that signed up to speak. However, I noticed that these are agenda items. So at the time that those items come up on the agenda, you will be invited to speak on those items. We will move on. So Thursday night, we had a work session where we went over each item in detail. So the consent agenda, will be read all at one time with no discussion had unless there is a member of council or a member of audience that wants to pull an item off the consent agenda to discuss anything. Members of council, do you have anything to pull off the consent agenda? Seeing none, any member of the audience wish for an item to be pulled off? Hearing none, Mr. Attorney, if you'll read the consent agenda.

Item one is a review and payment of bills. Item two are the minutes for the July 9 and the July 13 minutes for approval. Item three is a resolution authorizing the mayor to exercise the city's right to terminate an agreement with USI Insurance. Number four is a resolution authorizing the mayor to execute a cooperation agreement with the Shelby County Commission for a block grant. Item five is a resolution authorizing the mayor to execute an agreement with Motorola Solutions for public safety camera equipment. Item 6 is a resolution authorizing the mayor to execute a grant agreement for improvements to the entrance of Aldridge Garden. Item 7 is a resolution declaring that certain personal property is not needed so that it can be disposed of. Item eight is resolution accepting the finalization of change orders for the new Hoover Fire Station. Number nine is a resolution to designate those able to perform weed abatement work within the city. Number 10 is resolution authorizing the mayor to execute a geographic information of GIS data sharing agreement with Central Alabama Water. Number 11 is a resolution accepting the dedication of a storm drainage easement. Number 12 is a resolution awarding a bid and authorizing the mayor to execute an agreement for the generator's replacement with mastins that are necessary in Riverchase. Number 13 is a resolution authorizing the chief financial officer or treasurer to execute documents on behalf of the city to increase the city's region's bank credit card limit. Those are the consent items.

Mr. President, I move for approval of the consent agenda as presented.

Second that.

I have a motion and a second. All in favor say aye. Aye. Those opposed? The ayes have it. Moving on to number 14, resolution 889426. Mr. City Attorney.

This is a resolution authorizing the mayor to execute a single center event agreement with Hoover Mall Limited for the Hoover Fire Department's 9-1-1 remembrance ceremony at the River Chase Galleria.

Mr. President, I move for approval of resolution 8894-26. Second.

I have a motion and a second. Any comments or questions by council? Hearing none, any comments or questions from the audience? Hearing none, all in favor say aye. Aye. Those opposed? The ayes have it. Moving on to resolution 8907-26.

This is a resolution appointing a member to the health care authority of the city.

Mr. President, I move to approve resolution number 8907-26. Second.

I have a motion and a second. Any comments by council?

Uh, yes, Mr. President, uh, just briefly, um, we are nominating and, um, this resolution considers, um, naming Mr. Don Lilly to the healthcare authority. Mr. Lilly is a long time Hoover resident. He has a 45 year history in medical and hospital administration. Uh, before he retired a couple of years ago, he most recently, uh, was the chief network and affiliates officer for the UAB health systems. Uh, he has quite a long and impressive resume and he will add a lot of value to this board.

Thank you. Any further comments or questions? Any from the audience? Hearing none, all in favor say aye. Aye. Opposed? The ayes have it. Thank you, Mr. Lilly. Is he here this evening?

He is. Could we get a photo with him?

Yeah, come on down. Thank you for your service. Moving on to resolution 890126.

This is a resolution electing to participate in the provisions of an act of the legislature authorizing funding of the one-time lump sum payment for retirees and beneficiaries of the city.

Mr. President, I'm going to abstain from this vote. Very well.

Mr. President, I'd like to make a motion to approve resolution number 890126. Second. Second.

I have a motion and a second with an abstention by Councilor Smith noted. Any comments or questions from the council? Hearing none, any comments or questions from the audience? Hearing none, all in favor say aye. Aye. Those opposed, excuse me, the ayes have it. Moving on to resolution 889926.

This resolution approves a budget amendment for the fiscal year ending September 30, 2026, for various departments related to organizational personnel, operating expenses, and grant-related changes.

Mr. President, I know that the previous item is budgeted in this resolution, even though it's just a very small vote, a very small percentage, I'm going to abstain from this vote as well.

Mr. President, I'd like to move to make a motion for resolution number 889926. Second.

I have a motion and a second for approval with abstention from Councillor Smith. Mr. Munger, do you have additional information regarding this item?

The only adjustment that I would note, of course, and I believe it has been amended in your packet, is the cost of the AED units, which is now $100,000 flat, down from $147,000 in the previous iteration.

Any comments or questions from council on this item? Any comments or questions from the audience? All right. All in favor, say aye. Aye. Those opposed? The ayes have it. Moving on to ordinance number 262708.

This is an annexation ordinance that will extend the corporate limits of the city to embrace and include property contiguous to the city located at 1904 Mayflower Drive.

Mr. President, I would move for the adoption of Ordinance 26-2708. Second.

I have a motion and a second. Any comments or questions from the council? Comments or questions from the audience at this time? Hearing none, Ms. Dickerson, if you'll call the roll, please.

Council Pro Tem Driver? Aye. Council Member Schultz?

Aye.

Council Member Smith?

Aye.

Council Member Lovell? Aye. Council Member Murphy?

Aye.

Council Member McClinton?

Aye.

Council President Middlebrooks?

Aye. With seven ayes, the ordinance is adopted. Moving on to resolution number 888826.

This is a public hearing and a resolution authorizing the use and grant of public funds and things of value to aid in the private entity pursuant to Amendment 772 of the Alabama Constitution. It's in connection with the agreement previously adopted by the city with Broad Metro for Stadium Trace Village Phase 1. We did Phase 2 and 3 last time.

Mr. President, the reason this came to us tonight rather than the previous meeting was because of an advertising glitch. Otherwise it would have come before us at the last meeting, but I move for approval resolution 8888-26. Second.

I have a motion and a second. Is there any additional information to be heard tonight? Mr. Munger.

Yes, so there was one question posed at the previous meeting that I think is highly relevant. I've not completed all of the research on it, but the genesis of the question is, is there a precedent for the city to revisit certain incentive agreements, speaking broadly, without delving into a complete history of the Alabama Constitution and the changes in time over incentive structures prior to Amendment 772, which you talked about frequently, Cities frequently, including Hoover, engaged in incentivization through different boards and authorities. Primarily the vehicle here was the Industrial Development Board. Also a number of cooperative districts. So off the cuff at the last meeting, I said, well, I believe the most pertinent example would be the Galleria. That was accurate. There was a improvement district formed by the council that for purposes of helping to finance the Galleria. Later, that was revisited in 2014 with the same developers present, obviously at a different time in that development. There's also been a number of things related to Patton Creek where I would say a string of incentives were taken up to facilitate development to include individual stormwater actions, infrastructure improvements, construction of the flyover, and then later on in that life cycle tax abatements after those became the preferred vehicle over different bonded solutions on that. So a long way of saying yes, there is precedent. This is A interconnected action, as Mr. Smith noted, that was presented in conjunction with the item that was taken up before council, and that is because as a more heavily sales tax dependent vehicle, this is part of the financing solution that facilitates what you previously approved in phases two and three.

Very good. I will note also, so it was discussed last meeting for phases two and three. This is going to take an inordinate amount of resources and effort to develop that piece of property due to the topography, the mine shafts, and everything associated with it. Now, once developed, that property could have very well been retail heavy, as well as what we see in phase one. But in order to recoup some of those infrastructure cost, instead of being retail heavy, the city has a vision for more entertainment, more health care, and more quality of living development within our city. So phases two and three, you're going to see more of that lifestyle change within our city and that development. In my mind, that's why we're dipping back into phase one, which is retail heavy, in order for those to recoup those losses. And I think that's a smart move to have less retail and more quality of life items in phases two and three. So I know that's been a question raised. Is there any other comments or questions from council on this item?

Mr. President, I do have just a couple of comments. What I hear Mr. Munger and others saying is that this is not unprecedented, that there is a vital connection between the quality of life elements in phases two and three and the continued success of phase one during that period of time, including the timely completion of the Village Green, which is also a part of this agreement.

Any other comments or questions from council? Any from the audience at this moment? Hearing none, all in favor say aye.

Aye.

Those opposed? The ayes have it. Moving on to, we will take all these in one motion. Resolutions number 8902-26, 8903-26, 8904-26, and 8905-26.

This will be one public hearing for all of these. All of these resolutions that the president just read into the record are relating to weed abatement. One is at 237 Russet Woods Drive, another at 2152 Larchmont Drive, another at 3469 Birch Tree Drive, and another at 547 Turtle Creek Drive, all in the city. Approval.

Mr. President, if we could, I'd like to remove Turtle Creek from the group. Mr. Mullen, are you still wanting to do that? You're wanting to remove that property from the group? Yes, sir. It's not time yet, but he's going to want to speak to this.

He'll do a motion for 2021 and 22 then, Mr.

Yes, sir, I'd like to make a motion for the approval of resolution 890226, 890326, and 890426. Second.

I have a motion and a second. Excuse me. This is a public hearing. Any comments or questions from council? Any comments or questions from the audience? Hearing none, we will close the public hearing. All in favor, say aye.

Aye.

Opposed, the ayes have it. Going back to resolution 8905-26, Mr. Walter.

We're at 8905-26 on Turtle Creek? That's the resolution for Weed Abatement at 547 Turtle Creek Drive. Is that going to be carried over to the call of the chair, or is it going to appeal for adoption?

We don't know yet, Mr. Walts. We'll take a motion and then discuss it.

Mr. President, if permissible, I'd like Mr. Mullen to come down. Mr. Mullen, do you own the property?

Yes, sir. Mr. Smith, before we have comments, if we need to... amend the motion later, but can we have a motion before we discuss?

I'd like to make a motion to table. Second.

Okay, I have a motion to table and then second, so I'll open the floor for discussion first. Sir, come on down and have it. If you'll give us your name and address.

Okay, my name is EJ Munnerland, 547 Turtle Creek Drive. I have been storing some personal property there. I wasn't notified that this was going to be considered for immediate abatement. I am in the process of clearing the property as best I can. And like I said, I've been doing that for a little while. And like I said, some personal property that I can't move because of like an air conditioned unit. I need to get it installed. So I'm just saying I don't know what the outcome of this was. My only notification was about a month ago, and I've been trying to find out what it entails right here.

Jerome, do you own the property itself or just some of the contents?

I own the property.

Okay. Yes, sir. One thing I would like to say is Jerome is a retired Hoover firefighter. and he had to retire on disability because of a wreck that he had while on duty.

Thank you. Mr. Martin, can you speak to the process?

I can. So we followed procedure as far as notification goes, sending certified letters via mail to the owners of record of the address as well as posting notice on the property. So we have a copy of the notice of the ordinance violation as well as the hearing date for tonight shown on the overhead. This is what was sent. via certified mail. And the conditions on the property have been ongoing for some time. I actually have records that go back to 2025, where the property was in similar condition. And it's been that way for some time. And neighbors have complained to it, entered into our C-Click fix apparatus, desiring to see the property cleaned up. And According to our code enforcement officials, insufficient progress has been made on cleaning up the property, so it necessitated us bringing it to the council's attention.

Jerome. Jerome, would you come back down? Now that you are aware and you have been aware for a month, how long would it take you to clean up the property in all earnest?

OK, I've been working due diligence since May of this year. So a lot of that that you see right now is just in the last month, which has all been cleared off the front property right there. Now, I do have some personal property in the back that I'm clearing and sorting through and getting out. How long? I would say right now I will get maybe 60 days to get it done. Can you get it done in two weeks? Two weeks would be pushing it right now because I'm in and out of town due to a job right now. So I will push it as quick as I can. And if you take a look, most of this that you see now has been removed. Can you get Pat to help you? The one thing that I don't want to incur is another financial setback. And that's what they can't explain to me what it would be. I am diligent.

What would happen would be the city would go and take care of all this and put a lien on the property. Well, I don't need that, though, but that's what I'm trying to avoid.

Now, this notice 30 days ago, it's my first notice that anything was being done. Well, but that's not the city's fault, Jerome. Well, I understand, sir. I take full responsibility for allowing it to accumulate. And like I said, my job now is to get it without being forced to incur another financial obligation.

I believe it's up to my colleagues whether or not 60 days is an appropriate amount of time.

I ask for their lenience. That's all I'm asking right now, and I'll do my due diligence to get it done.

Sir, I have sympathy for your situation. However, I also have to have empathy and sympathy for your neighbors as well. This is definitely a hazard to surrounding properties. It's not fair to your neighbors. I understand that you may be going through some difficult times.

Okay. This right you see right here, most of that has been already removed. Okay, so that's what I'm saying. I am in the active process of removing.

According to the time stamp, that was four days ago. Okay, did you? Oh, June, I'm sorry. Okay. That was over a month ago, I'm sorry. Mr. Martin, have you been by the property recently?

Our code officials have, and as of right now, it's still in violation of our code. Just for the edification of the council and the gentleman owning the property, if there's any question about the financial aspect of what it would take for us to have the property abated, of the two quotes that I have for the project, the lowest is just under $15,000.

Mr. Martin, do we have some... community members that might be willing to step up and help this gentleman that we can reach out to? We can certainly do that. I'm certainly willing to entertain a delay and give us an opportunity for a community member to step up. Yes, sir.

Yeah, so I'm the pastor of Trinity Presbyterian Church here for other business, but we'd be glad to do it. Help out. You can give us 60 days. Thank you.

Mr. President, are we meeting in the middle of 30 or are we talking about 60? What is the discussions that we publicly discussing?

Pastor, you think 30 days?

I think 30 days. We can do it in 30 days.

And perhaps, Mr. President, I don't know if you want to be date specific to the meeting after next or whether you'd rather be call of the chair.

How about we do call of the chair and we'll plan to address this the first meeting in September if it's not remade by then.

I will change my amendment to make this resolution to the call of the chair.

Can I just say one thing? Only because... Are we planning on updating the public on that street? I only say this because I think it's time of parade of homes and folks are about to start putting their homes up for market if they want to. And it's got to be fair on both sides. Communication, I think, is warranted. Do you have a point of contact that we could probably update that we have a... What's your name of the church again, sir?

So it's Trinity Presbyterian Church.

Trinity. Trinity has offered to support in his effort. We're going to give them the necessary time. Do we have a point of contact?

We have a case file that is... is accessible to the public via My Hoover Connect, and we can post an update on there to anybody who is signed on to get updates for that particular case. They will be notified as soon as we provide that update.

Mr. President, I do have a process question. I have a process question for you, Mr. Martin. So we're not being asked to consider tonight having the city go and abate this property, right? We're we're being asked to declare that it is a nuisance and to require it to be abated, right?

For this particular nuisance issue, it would require us going to the circuit court to receive relief and enable us to go onto the property and abate the nuisance. Similar to the case we had in Ross Bridge, the Abbey Glen neighborhood, we're going by that very same process for this since it's a junk matter.

So I guess my question or suggestion would be that we go ahead and declare the nuisance, require it to be abated, and then wait to go to the circuit court until the date that the church and the gentleman have committed to get it done, give them an opportunity to do that, and then we're already positioned to be able to take quick action if for some reason that did not occur.

Mr. President, I agree with Councilor Driver. I think we've done that in the past. To be equitable across the board, go ahead and provide the vote, and then it'll be to my discretion, if you will, based upon the date.

Mr. Roderick, can you speak to that?

You got a couple of options here. So you got a motion that's been seconded to table. You can call for a vote on that. If it fails, then you can do a motion to declare the nuisance and carry it over as far as the resolution to whatever, if it's 30 days, I understand that the gentleman from the church said he'd do it in 30 days. You can do it for a date certain, or you can do it at the call of the chair, knowing it's going to be 30 days. Another option is, Councillor Smith can withdraw his motion. Whoever made the second, I think that was Councillor Lovell, can withdraw, and then you can request action on it, and that could be to declare, motion to declare the nuisance, second it, vote on it, carried over for the period of time for that to be abated.

All that to say, this is not the final stop before we are authorized to go actually abate the property. There's still that step of going to the court of competent jurisdiction.

So the city could work with Mr. Munderland on a date prior to going to the courthouse.

We'd be glad to work with him and Trinity Presbyterian.

Before he has any additional fees.

Yes, sir. Mr. Martin, on a perspective.

I'd like to withdraw my motions, however many I've left on the table.

The motion is withdrawn and the second is withdrawn. Now, Wendy. We got a clean slate right now. What she's got to do. So now you can entertain whatever motion you want to.

I'd like Ms. Driver, I like her opinion, if she would like to make a motion.

Did we want to hear from Councillor Schultz first? Mr. Schultz, yes, sir.

You done?

I'm done.

Mr. Martin, to the best of your recollection, how long has the city known about this particular property?

I would say in excess of a year.

Okay. All right. That's all. Thank you.

So Mr. President, I will move to approve resolution number 8905-26, declaring a public nuisance and requiring immediate abatement of the location at 547 Turtle Creek Drive, with the caveat that the city staff will work with the property owner and the church who are stepping forward to help him to allow them enough time, I believe we said 30 days, to abate the property before we take any further steps such as filing in circuit court.

Second. I have a motion and a second. Any further comments or questions from the council? Any from the audience? All in favor say aye.

Aye. Mr. President, before Mr. Munderland leaves, during his time with the Hoover Fire Department, in my time and the time since I left, and he was still working. If I was ever injured or suffered a medical emergency, there were two people that if I found myself in dire straits, there were two people at the fire department that I knew if I looked up and saw one of these two faces, I knew I was going to be all right. One was Frank Womple. The other was this man right here. And that's why I want to try to find a way to work with him. He provided the city with amazing service during his time as a firefighter and a paramedic. He saved so many lives in this city that you can't imagine.

One comment, I do want to apologize to the neighbors for the condition that existed. And like I said, I take full responsibility and I'll get it done.

Thank you, sir. Appreciate it. Thank you. Thank you for your service. Thank you for Trinity stepping up as well. Moving on to Resolution 8889-26. These are public hearings to be considered on August 10th. No action to be taken on these tonight. A resolution granting conditional use approval to develop and operate a freestanding emergency department located at 2137 Valleydale Road, and then 25, resolution number 889026, a resolution granting conditional use approval for a day habilitation and respite services program for the property located at 3309 Lorna Road, Suite 203. Next is a first reading to be also considered on August 10th. Ordinance number 262709, Mr. Waldrop.

This ordinance would allow for the de-annexation of certain property from the city located at 7160 Cahaba Valley Road.

Normally, we don't have a presentation on first readings. However, this was not on the agenda during our work session, so tonight we will hear from city staff and give the property owner a chance to comment as well.

Good afternoon. So this particular property, as mentioned, located on Cahaba Valley Road, Alabama Highway 119, consists of approximately seven and a third acres directly across from the primary entrance to the Tattersall development on the far east side of town. It came to staff's attention that the church located to this property had some future plans in the immediate future. that did not gel with our zoning requirements and have asked for consideration of their property to be de-annexed so that they can continue to develop the property out according to their vision. Just taking a look at the positioning of the property on the question of de-annexation as to whether or not we are giving anything up the city by reducing our footprint in this area. An examination of the map indicates that the city of Birmingham directly abuts this property to the north and the west. The Whitby apartment development within the city limits of Birmingham is on the property immediately to the north. And to the west, there's property associated with a single family detached residential subdivision that is also within the city limits of Birmingham. To the south, we have two smaller commercial lots that are unincorporated, and then there's a third commercial lot that actually has a point-to-point connection with this one towards the rear that is within the city limits of Hoover. And there are a couple of other lots on the side of the road, but as far as the property in question, whether or not it stands to benefit the city to retain that property for any benefit, potential growth corridor or attachment to future commercial properties, the prospects are very limited there, just given the footprint of the city of Birmingham and how little real estate there is to annex in the vicinity.

So I just want to be clear, this is not creating any what we call donut holes within our zoning maps?

No, sir. This is on the far extent of our city limits. So no donut holes should not create any disruption of service from the standpoint of creating those donut holes within our city limits. We shouldn't have the level of confusion that comes with that kind of circumstance.

And being on the edge of our jurisdiction and then surrounded by Birmingham, we're not giving up any strategic opportunities of growth? Not that I could see. Very good. Any, well, before we move on to questions from council, sir, do you want to come down and say anything? We appreciate you stepping up for previously.

Yes, I will just say thank you for getting us on the agenda tonight. Very thankful that you are doing the first reading tonight because we know we were kind of late to get into this process. I think that kind of summarized the situation as we see it very well. I'm a longtime resident of Hoover, love Hoover, but I think for our church, it does make sense to de-annex.

For the record, could you give your name?

Oh, yeah, I'm sorry. Rich Lusk.

Rich Lusk.

Very good.

Any comments or questions from council on this item tonight?

Mr. Schultz? I don't know if Mr. Martin or Mr. Munger would know this. It being a church, there's no adverum tax loss on this since they were non-profit, is that correct?

Yes, sir, that's correct. And the property has been in nonprofit status since it was annexed, which I believe was in 2008 or 2018. Thank you. Any other comments or questions from council?

Mr. President, I have a few questions for both. So as far as what is it that you're going to be that we're putting in that area?

So we are starting a Christian school that we will use that property for.

Okay, and what's the age range class-wise?

K through eight.

K through eight. What's the plan long-term?

So we would like to have a high school as well, but we probably would not do it at that location. I mean, it's too early to say. We're a relatively small church. It's a pretty small school.

How many acres is that property?

I believe it's seven.

Okay. How much property does the church currently take up? Do you know? By any chance?

That I don't know.

I guess I can find... Okay. I guess my next question is, when did you guys file to de-annex?

Do you know the date, Carl? Yeah, we submitted the conditions today.

What does become aware of this mean?

Sir, if you want to come down to the podium and speak, I'm sorry. That way the people watching at home can hear you as well.

I'm just the pastor. I can't answer all those questions.

I think I'm the only counselor represented here that lives directly across the street from this, so I have questions for my constituents.

If you'll give your name for the record, please. Carl Peterson.

Are you an attorney or what?

I'm not. I'm an elder at the church.

Okay.

Yes. So last Tuesday, we were in conversations with the city about the traffic light at the bottom of our drive across from Tattersall Park. And we were informed that being zoned as commercial, we did not have a conditional use permit to open the school, which is the ministry of the church. And so that's when all this came to light.

I said, did you guys have an attorney review everything to make sure to check all the boxes before moving forward? Do you know?

I don't know. Before Tuesday?

Yeah.

We did not.

Okay. And then what's the class size gonna be for now? Because it's K through eight, right?

That's correct. So we have 44 students roughly enrolled. And so class size will be anywhere from five to 12.

Okay, so the room, do you have any projection about what you think the size will eventually be?

Maybe as many as 80 at that location, but this is our first year, so we don't know.

I think that's all my questions for now. Thank you.

Any other comments or questions?

Yeah, I have some additional one. You obviously will have to go through other government entities to get this approved. In the event that it doesn't get approved, are you going to ask to come back to Hoover or are you going to stay unincorporated?

I think at that point we would just stay unincorporated. I think that's probably right. Thank you.

I just can make one last comment. It's not a question, it's more of a comment. I just think it's important to consider the importance of rules that are outlined for the city because I believe it protects the residents. So I just want to go on the record with that statement in the fact that we have zoning rules, we have things in place that are meant to be as, like I said, protection for our residents. So just want to add that.

I'll just speak to that really quickly. We completely agree, which is why we're here. So we definitely want to abide by the rules and so completely agree with that. Very good.

At this time, we will take this up on August the 10th for a second reading and open it up for the public to comment as well. Thank you, gentlemen. That brings us to the end of our business portion. Any comments from the council tonight? Hearing none, Mr. Mayor, do you have anything to add?