City Council - Regular Meeting

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.

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.

Thank you. Thank you all for coming out.

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 no

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

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.

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.

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?

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

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

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.

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.

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

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.

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.

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

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.

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 a

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. 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.

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

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.

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

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?

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.

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

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.

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?

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.

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.

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?

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.

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.

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

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.

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

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

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 readin

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.

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

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.

For the record, could you give your name?

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?

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.

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?

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?