Council - Regular Meeting

And my key is under the mat. All right.

Yes. We ready? Pre-consil meeting for the city of Homewood, April 27, 2026. Councelor Simmons, Councelor Lane, Councelor Armstead here, and Councelor Sims here, and Mayor Anderson

here. And I will note that uh Councelor Simmons will be here probably about 15 minutes late, so he's on his way. Um okay, before I get started, um we do need to add an item to the agenda and so I want to make sure that no one has an objection to sending out this item. We're going to talk about it tonight and then send it out to council at 6. And that is item 220426, request for consideration for a budget transfer brought to us from Mr. Seagars. Mr. Seag, this does need to go out tonight. Yes, ma'am. It does.

Okay. Any objection? This we're going to add this to tonight's pre-consel agenda. It'll be at the end of the agenda and then we will send this out to discuss tonight at council. All right. So, now we have an amended agenda uh and we will move into new business. We have no old business, but we do have a lot to cover tonight and a lot of this is going out to council, so we have a full night. Um the first item is 130426, a request for consideration to change the meeting. We're going to start early. Easy just we're gonna ease into the agenda to change the meeting date for the second meeting in May brought us to Mr. Secret. So this would put the meetings for May at May 11th and May 18th because May 25th is Memorial Day. And so just wanted to check with everyone on that and see if we have any questions.

Back to back. Back to back. Yep. Back to back. Yep. Back to back. Yep. because the next Monday is June. Yeah, am I right? Yeah. No, it's not. Okay. So, related to that, well, it's no different. We'll just have pre-consil and council on both May 11th and May 18th. That's right. Okay. A lot going on, but B's got a calendar for the year. Yes. Yes. Have you set that out yet? I know we looked at it. We I was going to start it in May. Okay. And so, so with this approval, he'll send that out. There's not any other like Yeah, we didn't put a date. We didn't you know we we're doing something that's two weeks out then another two weeks we were discussing. Is that going to change anything?

I don't think there are any public hearings. Nothing no public hearings that that is going to impact. So you remember you talking about a few minutes ago? No, this was from the LA previous meetings when we were discussing it all. I think it was a public hearing, wasn't it? And we needed to make sure we had enough time or set the public hearing. Yeah, something to do with the public hearing and what conversation we were having with somebody. I can't remember what it was now. I think it was just the the planning commission case um which was on pre-consel um for Oh, it was it was dealision with Jared Lewis about getting he wanted timetable when that timetable was that we were going to that public hearing and set the public hearing tonight.

Yeah. this. So that item the Yeah, it's on council tonight to set the public hearing. That's what it is. That's what it is. We we talked about what it is. No, you're okay. All right. Next item. 140426 request to nominate Mr. Gaston to the list of potential regional planning commission's board of directors brought to us from Mr. Crist. So we're excited about the opportunity to have Homewood represented on the RPC board and we think Sam Gasson would be the perfect person to do that. So, any questions on that? No, we vote now. Yes. So, that'll go out to council.

Yes. And everything there's only two items on the pre-consil agenda that are not going out tonight. So, everything else is going to go out, but I will take them item by item, but this is going out. Is it a term? Term term there. Uh, yes, there is a term. I don't know what it is. the um the RPC will will nominate and select Mr. Gaston at their annual meeting in early May, which is the reason this needs to go out tonight. I think it's 12 years

I think it's a two-year term. That's short. We'll get it to short. Exactly. Okay. Next item 150426. A request to set the bid opening date for May 28th, 2026 for the US 31 pedestrian tunnel improvements project from Amy Zary. We are excited about this project. Got any pictures to show us? Uh we have a few renderings that I can send out. Um, I wasn't attached to Brian's slideshow unfortunately, but this will be um involving landscaping, redoing the um hardscape, doing some irrigation, um doing a stone wall veneer, so it's going to look really nice when we're done with it. Um and this is just to set the bid opening date. Yeah. So, that's right.

Any other questions? And it's the stacked stone that you see throughout our parks. Um and what about the fencing? What is that going to be? It's gonna be black uh metal fencing nicer than if it's not chain link like it is right now. Great. Great. Great.

Okay. Any discussion with the school and I can help with that too if not the art teacher knows we're coming and so that project she did a great job on the Shades Kahaba and then as they got down the tunnel they kind of ran out of steam. It was a whole plan to make the state of Alabama on that wall and talked about the rivers and everything and then that so Mr. S is here and then that kind of died down, you know. So, and then co happened and then all the stuff. So, anyway, but if you have any interest in connecting, we're not doing anything on the inside of that. Yeah, I'm just saying for her to come back through and kind of spiff it up some. Good. So, I can talk to her about that. Well, thank you. All right, Ava, any questions for Amy on that?

I guess just related to this consideration, too. Everything sounds great. Is there on the Piggly Wiggly side of the tunnel? is their coordination with that project is entire. We've been in uh constant communication with them so they're up to speed. Fantastic. Thank you so much. Awesome. Okay, Amy, stay right there. The next item is 160426, a request to set a bid opening date for May the 28th for 185 Oxmore Road parking lots.

Yes. So, this is the old Waffle House site. Um we have the designs ready. We're ready for construction. And u we'll be putting in a parking lot with um underground water detention. Um some landscaping, irrigation, redoing the sidewalk in front of the site. Um and same thing request for setting the bid opening for the same date as the tunnel. How how long will these bid bids stay open? Stay open. Uh it'll be about a month from advertising. Um, and then yeah, we'll start advertising May 7th and then bid opening is May 28th.

The I talk to Mr. Smith. The intersection in front of there there should be a crosswalk there. That's right. And I think when they I don't know if it was utility work or they're repaving, but they should be putting that crosswalk back. Okay. Great. Great. Great. Because that is pretty heavy. People are coming, you know, from that parking lot across the street. That's right. Of course. Yeah. So, all right. Great. And what is on the most recent plans? What's the number of spaces? Do you know? I have a guess. Okay. You have the real number. Your I remember your guess was close to the real number. I think 63. 63. Yeah. Yeah. Nice. That's nice. And just by comparison, in this makeshift condition, how many do we think we're getting in there now? Maybe. Sorry to put y'all on the spot on this.

Half of that. Yeah. 30. Yeah.

Okay. Great. Thank you so much. All right. Next item. Uh 170426 uh requests approval for the mayor and myself to travel to Washington DC in coordination with fellow municipal leaders to engage in meetings with Senator Katie Britt. Um this date is May the 13th. Um it's me, Mayor Smith from Mountain Brook, Mayor Short from Trussville, Commissioner Knight, Commissioner Bolan, and Cal Marker. Um and this is the trip we've made the last few years. And we also meet with Representative Palmer, Representative Aderhold, um, and Senator Trebel. So, um, that date is going to be May the 13th. So, any questions on that? And that, you know, I would Bo makes that purchase for me. Like, I don't have a credit card, so B makes that purchase for me. So,

and money is budgeted. Yeah, the money is budgeted. Yeah. All right. So that will go out tonight as well. Uh the next item will not go out tonight. So that is going to be item 180426. Request for consideration for a budget transfer brought to us from Missouri.

Okay. So this is at the intersection of Oxmore and Havenwood. This is where our traffic signal got hit. And so um there's no traffic signal equipment or controller out there. Now, we're transferring 25,000 from the Hollywood sidewalk connection, which we don't need that money anymore, to um the traffic department's equipment and traffic signals account to pay for the 25,000 insurance deductible. Where? Havenwood.

So, it's Haven on one side and then Ed View Avenue on the other. So this is where the storm um resulted in a tree falling at the intersection. It was a huge mess. Like they had to reroute school car pool one day. So it's it's that site. Um you know in the makeshift there's two stop signs there and a mirror so that those neighbors can try to navigate turning out left, but they really need that mirrors don't work. They need that uh signal back. So yeah, much needed.

Okay. And that 25,000 was coming from Hollywood to I mean from Malaga to along Malaga and the county pay for that. So that that's where that money is coming from. All right. Thank you. Any questions for Amy on that? Okay. All right. Next item. 190426 request for permission to write a letter of support for the exceptional foundation's grant brought to us from Mr. Smith. Yeah, this is a a letter um that they requested us to write for a grant applications to the to the Children's Trust Fund of Alabama.

Uh we we write one every year. They apply for this every year. Alex Wyatt wrote one last year in April. So, it's that time of year

and it's due May 2nd, right? They want it back. So, this will go out tonight as well. Any questions on that? All right. Next item is not going out tonight. So, but is open for discussion. Um, and that is 20426 request for consideration to discuss the property at 2901 Central Avenue brought us from Council Lane. Okay, ladies and gentlemen, this goes back to a property off Central uh I don't know if y'all Nick and uh Jennifer are well aware of this. It was in the last group and the property that was purchased uh well Alabama Power I still think owns the property uh behind here. He's showing it here. The young gentleman, the mano bought this dental office here. That's what they purchased. And when they purchased it at the time, that was all parking for them. Okay. And it was a lo and behold, I don't know who I didn't know about it, but I'm sure everybody else did. It was actually a rideway for the city. And in the meantime, when uh Mr. Maniscal, matter of fact, he's here to tonight, by the way. Uh I'd love for him to have an input on this and he can describe a little bit better, but that property you see there was trees and everything back here. Well, he was going to purchase that property for parking and uh a development group came in and they had better plans supposedly and um they were representing Alabama Power and they were going to put a mixeduse or office buildings or some sort back there and they wanted to use that road right there as a oneway coming. Was it going in or coming out? I can't recall

going in.

Going in. going in one way going into the there. But if you see right there where left is null clinic and to the right there, that was going to be a two-way where they could go in and out one spot there, but it was going to be a oneway in. I don't know if I'm explaining this correctly, but as you see, there's been something put since then that no longer project is is available that they've they've canceled the project. Okay? And it just so happened the reason it got caught attention was two weeks ago I see something put out on for commercial real estate. Brian, can you show um this is was um not the deal room. Oh yeah, new listing. It's a new listing put out. Okay. This is what they put out to all the real estate people advertising for this place that we've already passed that was going to be a building put here and the rightway is going to be used for that purpose which took away from the small business person in this case the man of scalos on his uh the dentist office and uh show uh Brian can you show the photo there you go this is what this is now this this has been put out this is advertised ment that's been put out. That's what that's going to be there. Well, they're advertising that's what needs to be built there, but nobody's going to do it. So, we in turn as a council previously let this go through. And I'm I'm I want to represent the smaller business guys in this case because if it would have been them or anybody else would have come and asked for this rightaway done without any of the drawings without any of this would have never happened. So my s I would like us to look at this again. I

would like I would like Lee to explain it but he's willing I mean that's probably that when he purchased he thought that was his I mean that was parking for him and he knew it was a rideway if I'm not saying is that correct

we came to the city before and they said you can't request it you have to purchase property first then go through it shouldn't be it shouldn't be an issue we've done this for the valley hotel um and you need to get it notorized by any adjacent properties form sign and notary so Dr. Daniels with all Daniels signed that he was fine with it and then we didn't need it to go all the way back. We just, you know, so we stopped it early so it was just adjacent property was additional city property that the alleyway back there and Dr. Daniel so he signed off on it and so we came to try to buy it. We had were presented with a purchase price which we were fine with from you guys based on tax data I guess and um and then the developer showed up to that meeting and said that they had they had these plans but they didn't have any drawings and the drawings then came out over the next six to eight months and then now now actually on that property they put a for sale sign um right right where like on on the city's property right now u but they have the right to work there so I guess they can do whatever because they cut down all those trees too without really having a plan that that were on the city property. There's a ton of trees back there. It was beautiful.

I I really hate I really do hate that we allowed this all those trees to be taken down without something concrete. Okay. So anyway, we can't do anything about that. That's done. But he was willing to purchase that piece of property right there for $100,000 to the to the city. Okay. And and as a small business person without that, if that's a road there, there's no way he loses parking. I mean, that's the I mean I mean I'm just trying to make y'all aware of what's going on here. We added we did add 12 parking spaces that were on the road on the road. That was we sort of reconfigured like you said

at one point it was a oneway in and then after n Daniels Dr. Daniels you know I think we turned it into a two-way and added. So that's actually accurate with what we came I don't think it is. Yeah, I don't think that's accurate either. Is that right? And then we I think we had a 12 parking space. But but what I'm saying is that's what they public but we felt like and I know we talked about you know your patients come early and so they would have access you know earlier in the morning to have access well they're in and out all day. You know there's appointments every hour. So

no the biggest concern was that the the buildings were so big back there that all the parking would just get kind of pushed further because we had patients We have people who park there to go to battery as it is now. So, I mean, that's only going to get worse if they can't park in that gravel a lot more, which will eventually happen at some point. Yeah, it's going to happen.

So, with that in mind, I just want y'all to see and I think like I'm a small business guy, okay? And and I think the city would all should treat the small business guy the same way they do the big business guys, okay? And that's all that's the only reason I'm bringing this to you cuz I think uh if he's willing to now that it didn't happen, it didn't go through. Why not? I mean, he's gone. How many years has this been now? Four almost. Four years.

And I've been And this goes back to Where's There he is back there. There's Scotty, my sign guy. I've been looking every time I drive by here, guys, for six years. I've seen coming soon. This big ugly orange sign that says developing coming soon. Well, guess what? If that was my sign, it'd been gone a long time ago. So, no. So, anyway, uh yeah, there's that lovely sign. Um Dr. Mask, would you like to talk? Would you like to say anything? Um no. I mean, we're we would still I mean, whatever the updated valuation is that you guys come up with, we'd still want to purchase that.

So, the question is vacation of the city property, right? Selling the rideway. That that's what the ask is. Yeah. Yeah. To vacate and clear surplus. And that's a tough that's a that'd be a tough intersection to boot. I mean, you're only talking another what 50 yards before Ree Street and it's going to be, you know, I mean, it's just it's not the easiest. Okay. So, I I just think right there they'd be coming out here and then they have to go if they if they're coming out then everybody there has to go to the right. Correct. And that

does it go across the street. It turns Yeah. There you go. has a better look. Anyway, so yeah, whatever. You guys um who were who are learning about this for the first time? This I think this is the first time Paul seen it. So the agreement was for the use of that.

Well, it's a city road like on a map. It's an actual road. And so, um, if I remember this correctly, it's an actual road. And so, the consideration was the reason we voted the way we did was that that RE street is a oneway street now. It's very narrow. This is going to be a development that has traffic coming in on a regular basis. You know, they need access. That was that was a consideration. And they were going to there's a gully there. It's a very significant gully. and they were going to build the road to cross over that. Must be like a bridge. Yeah, it's I mean it is deep there. It's very deep there. So it's it's a tough piece of property for sure. So now Yeah, there is. So who owns the property?

Alabama Power. Oh, the the property that they're talking about that we would vacine there Alabama Power and Shannon Walche was leasing it for them and they had a development plan that they apparently are not going forward with now. I guess the property's for sale. That's right. So I guess so the the right to use it or from the city perspective was for that original project. The roaderation of their development that was going to be that it's no longer going to be there. That's right. That that road was it was going to be a road because on a map it is a road leading to whatever development that would have. That's correct. That's right. That's correct.

And we still don't know what the development is going to be. That's right. And and it's going to be who knows when it's going to be or if it's going to be based on and I think sorry based upon this the access would be on that be that's just on that one side right without this yeah because well there's an in-n-out on re street and but re street's a oneway now right and they've got an out on the other side though uh what's that street start is it crescent crescent look it up because there's an alleyway behind us too. And so that's really I think what factored into of the in the discussion was basically like the

the center the narrowness of that alley going back towards like the Bell Center and around um I was just going to say based on a point made to Kale I mean you can clarify what you were going or say what you were going to say but also clarify this like it was referenced that like um you know there was we allowed them to clear that and they're not going to do anything now. So just for clarification, I mean they act as a private property owner acquired a land disturbance permit. We didn't necessarily, you know, prompt their action. They did that.

Yeah. And they still have however many trees they're required to have on the property. They went out and marked them before

and those remain The only thing I'll say about this slide is that it is it is bounded on three sides by right ofway. The one on the was that the south side is the bell center on the on the opposite. And so they Thank you, Brian. Go to the plan view. Yeah. So the bell so the bell center's to the right and then there's another alley above the site. And so the really the only real access they would have would be uh through 16th place. I think this is 16th place that runs next to Dr. Man Dennis office or the re street.

What's what's the street right to the right of that on the other side? Is that an alley? What is that? You see where on the other side of the bagel building I think. Yeah. On other side of the bagel building. What is that? Yeah, I think that's So where they were talking about coming out, where were they talking about coming out on the other side? Right on that street right there by the exceptional foundation. I'm not the exceptional foundation right there. Right. That's the bell center right there. Yeah, the bell center. They're going to come out on that street though from the bell center. How are they going to get there? Just curiosity. They can't. They can't. There's an alley behind the bell center, right? There's an alley behind the bell center. Keep flying, Brian.

Keep flying. Come down. Yeah, come down. Yeah, there's an alley where I see that out. I think now the trees are gone. I think there Yeah, that's it right there. And then this here goes right into it as well. That's it. That's right. But that's that end. So that's that's Dr. Powell's office right there. Right. Yes. Okay. Is that an alley or is that the city's alley? No, that's all that is parking back there and it just stops. No, he's saying it stops at the uh city a lot of property, right? Okay. Yeah.

Which is not We cut ours below that so that that road would be able to like where we were looking to get was not that far back and with that big ravine there. We're not trying to develop it. We're just trying to keep our parking lot. Got you.

So anyway, I I was just bring this to y'all's attention. something we I would like to for I'm not representing by any means of the imagination but I was Paul I was here through the entire deal so I I know exactly what was going on and so the way it transpired and everything was kind of a you know it is what it is but if they were building it I wouldn't be here saying anything okay it'd be done but now that they're selling it with the thought of using that city property as access to make their sale go through. They were gonna they were going to build the road. Yes. They were going to the right city. Yeah. But they're not. But whoever they sell to.

Yeah. We don't know. See if they sell it to somebody and they say, "Well, the city property, y'all build it." Now, we don't know what's going to happen after the sale. Huh. The answer to that is no. Scott. No. Exactly. Ask all. But see, but the way they're advertising it, it acts like it's already there and the city's doing it. I mean, I'm just telling that can be another headache. So, I I would like to make it to where it he can purchase the rightway there and continue business and everybody just like it's been for 60 years or how many of those years it's been. It's been working pretty good. And we

just for clarification purposes, when we sell land, uh it's market, what's the figure that we have to use? It's like the adjacent tax to assess. So it's not like we're gonna go in there be like that'll be a million dollar. No, no, no. We have to Yeah. Like we have a number that we have to abide by. So the property owner now bought it or did it? No. The city still owns it. The right way. So he wants the question is vacation. Would we vacate surplus and sell the property to Dr. MCO? That's what he was looking to do to start with before all this other started. So both of those items were on the agenda and I don't know if you guys were here in the fall when we were kind of clearing everything off the table. That item had been tabled for Yes.

a couple years. So long time. Yeah. A long time. Exactly. So that that's that that that was that item. So we had two items at the same time. One was from one was I don't know I don't know what the there were two items and one was Dr. Biscos and the other one was um to prove the development plan. I'm not even sure but we went forward with we table the other we ever get to this point which now here we are to go forward. So that's what that's what they ask actually back to square one the time from the beginning of and we have we got it reserveyed and marked kind of the area that we were looking to purchase. So would you guys still have that? I have that you still sure it'll be in the file. We have it somewhere.

Yeah. Yeah. So now that I've done this, so what do we go? What do we do from here? So we are we won't do that tonight. Right. Right. Right. So Mr. Smith, we would for a request to vacate the right of way. So that's going to be so an item on at the next meeting. No, no, no. We'll check. Yeah. There's going to have to be a lot of hoops and things that you're going to have to jump through. Um and we'll coordinate that directly with you. But you don't you don't have the you got agreement with null but you don't have agreement with the developer right and that's one of the that's going to be one of the issues okay

is that power is going to have to agree allow you to buy it even though the property doesn't touch theirs the property that your person touch theirs how does it not well we had it reserveyed and we'd only be buying like the bottom three4 or half of it or whatever closest to central it doesn't go all the way back to that property. But so then you're going to leave the city with a square that we don't No, it's a continuation of the alleyway that runs down behind there. So if you the survey somewhere it's all drawn out and marked on it. Okay. Yeah. Let us we'll coordinate directly. Yeah. Whatever. And then

I mean I powers headed all the time. They should have already made a road if they were going to do you know what I'm saying? I mean, I just don't my guess is that power had developer came in going to buy it from them and they probably had a purchase agreement. If we get it reszone to whatever mixeduse or whatever, then they'll buy it from Alabama Power and reszoning took place and they probably purchased it. So, my my guess is Alabama Power is no longer the owner. Maybe a mistake. Oh, that'd be that'd be nice to know. We'll coordinate. still gathering of information. We're in the we're in the information gathering phase. Thank you very much. Got to start somewhere.

Yep. You're right. Absolutely. Okay. Next item. 220426. Request for consideration for budget transfer projects from Mr. This is our last item. It's our last item. Mr. Seus. Thank you.

Yes. So, um, this was a this was a invoice, a past invoice from the construction of our police department to the Birmingham Waterworks Board. Um, and so this is from uh Argo Construction, Argo Building Company, who uh they were the contractor over the uh police station. And apparently I don't know exact the all the details on the you know the what exactly happened during the bid process but whenever they began construction they did not the water was the water was still supposedly in the cities like they never did add that to Argo and so when the water bills started uh rolling in they didn't pay them and they were being charged to the city. Um, and so this right here is to get that cleared up.

This is the one we This is the one we This is the one we were talking about. Yeah.

Yeah. So, there's an invoice from Birmingham Water of like $37,000. Uh, I think JJ went to go find the invoice. I was going over this with them before this meeting and um sounds like when Argo, the general contractor for the police department was building it, they took out a temporary meter from Birmingham water, which is totally normal thing to do during commercial construction, but it was in Homeman's name. So, eight years later, Argo is unable to pull other temporary construction permits in other places because that invoice has never been paid before. And so that was a responsibility for the city to pay at the time that we've never that we haven't paid in eight years. Um, however, there were some good questions that councilors Lane and Armstead asked around like what are we actually paying for? Is it purely water services? Are there any fees attached to it since it's been eight years? Is there sanitary sewer fees attached to it? And I don't know the answer to any of that. So Bo, the reason why we are trying to push this out tonight is so we can go ahead and pay it. But those are good questions. And if we need to for a couple of weeks and figure out some of these answers, we certainly can.

And it's been eight years. What's another two years? Exactly. It's been eight years. We also discussed where the money was going to come from, which would come potentially from the bond. It should be part of the bond from the because it was a police. It should come from general fun. It should come something out of that. And that's another thing I want to clarify is if we can use debt service to pay for it. So it sounds like we do not need to set those out tonight. That's fair. Okay. Yes. Where's there sewer on there? Uh please say yes. Yes, there is. 20,000. No, it's uh 5,92182. 5,000 too much.

I will circulate this. Okay. Any questions? Okay. Well, thanks everybody. That was so bad. All right. We will adjourn this meeting. Yeah. one today. And then we will adjourn and reconvene at 6:00