REGULAR MEETING OF THE COUNCIL

OF THE CITY OF BIRMINGHAM

MARCH 24, 2015 at 9:30 A.M.

______

The Council of the City of Birmingham met in the Council Chambers of the City Hall of Birmingham on March 24, 2015 at 9:30 a.m., in regular meeting.

The meeting was opened with prayer by Joyce Brooks, Member of 16th Street Baptist Church, Professional Speaker, Author and Managing Member of Brooks Consulting, LLC

The Pledge of Allegiance was led by Councilmember Steven W. Hoyt.

Present on Roll Call: Council President Austin Councilmembers Abbott (Arrived as herein indicated) Hoyt Lundy(Arrived as herein indicated) Parker Rafferty Roberson Scale (Arrived as herein indicated)s Tyson (Arrived as herein indicated)

The minutes of November 18 and 25, 2015 were approved as submitted.

The following resolutions and ordinances designated as Consent Agenda items were introduced by the Presiding Officer:

RESOLUTION NO. 401-15

BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by KoMo Company, Inc. to the City of Birmingham, , dated February 3, 2015 for a Restaurant Retail Liquor License to be used at Delta Blues Hot Tamales, 1318 – 20th Street South, Birmingham, be and the same hereby is approved and recommended for grant by the Alabama Alcoholic Beverage Control Board, provided that this recommendation for grant of such license is hereby conditioned upon said applicant having or obtaining a certificate of occupancy from the Director of Planning, Engineering, and Permits for said premises no later than ninety days MARCH 24 2015 2 from the date of this action.

RESOLUTION NO. 402-15

BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by Dionysus Enterprises LLC to the City of Birmingham, Alabama, dated February 17, 2015 for a Lounge Retail Liquor Class I License to be used at Tavern on 1st, 2320 – 1st Avenue North, Birmingham, be and the same hereby is approved and recommended for grant by the Alabama Alcoholic Beverage Control Board, provided that this recommendation for grant of such license is hereby conditioned upon said applicant having or obtaining a certificate of occupancy from the Director of Planning, Engineering, and Permits for said premises no later than ninety days from the date of this action.

RESOLUTION NO. 403-15

BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by Do Dah Day, Inc. to the City of Birmingham, Alabama, dated February 11, 2015 for a Special Events Retail License 140 to be used at Do Dah Day, May 16, 2015 at Caldwell Park and Rhodes Park on Highland Avenue and 26th Street, Birmingham, be and the same is hereby approved and recommended for grant by the Alabama Alcoholic Beverage Control Board.

RESOLUTION NO. 404-15

BE IT RESOLVED, by the Council of the City of Birmingham, Alabama that M&M Mobility, Inc., d/b/a Caliber Patient Care, located at 825 Chaseway Drive, Pike Road, Alabama 36064, is hereby granted Three (3) Certificates of Public Necessity and Convenience (CPNC’s) to operate a non-emergency medical transport service in the City of Birmingham.

RESOLUTION NO. 405-15

A RESOLUTION TO AMEND RESOLUTION NO. 206-15, ADOPTED FEBRUARY 10, 2015, AND ADOPT A NEW RESOLUTION TO CORRECT CLERICAL ERRORS IN THE NAME AND ADDRESS OF THE APPLICANT SO THAT IT CORRECTLY STATES THE GRANT OF A SCRAP METAL PROCESSOR LICENSE TO MAGIC CITY RECYCLING, LLC, 2421 AND 2491 DANIEL PAYNE DRIVE, BIRMINGHAM, AL 35214.

WHEREAS, the Council of the City of Birmingham, Alabama, approved the application of Magic City Recycling LLC, 2421 and 2491 Daniel Payne Drive, Birmingham, AL 35214 for a Scrap Metal Processor’s License on February 10, 2015; and,

WHEREAS, the Council agenda correctly stated the applicant as “Magic City Recycling, LLC” but incorrectly stated the address as “3135 Daniel Payne Drive”; and MARCH 24 2015 3

WHEREAS, the applicant had submitted an amended application with the correct address, “2421 and 2491 Daniel Payne Drive”, prior to consideration by the Public Safety Committee of the City Council and the full Council; and,

WHEREAS, the final resolution as prepared stated the address correctly but stated the applicant to be “Paul Dreher, George Dreher and Alan Dreher d/b/a Magic City Recycling, LLC”; and,

WHEREAS, the correct applicant is Magic City Recycling, LLC but inclusion of “Paul Dreher, George Dreher and Alan Dreher d/b/a” is surplusage and unnecessary to identify the legal entity applying for and receiving the license; and,

WHEREAS, the Council desires to amend the resolution to state the correct applicant name and address.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham that Paul Dreher, George Dreher and Alan Dreher d/b/a Magic City Recycling LLC, 2421 and 2491 Daniel Payne Drive, Birmingham, AL 35214 be and hereby is granted a Scrap Metal Processor’s License, and that the operation of such business will be in accordance with and in compliance with the requirements of Title 12, Chapter 11 of the General Code of the City of Birmingham, 1980, and all other applicable laws, ordinances, codes, and regulations of the City, Jefferson County Board of Health, and the State of Alabama, and otherwise in a safe manner and so as not to become a nuisance or street obstruction.

RESOLUTION NO. 406-15

WHEREAS, on February 17, 2015, the Birmingham City Council at its regularly scheduled declared the property described below to be a public nuisance existing in the City of Birmingham;

WHEREAS, all proper notices were posted and delivered by certified mail to the persons, firms, associations or corporations last assessing the below described property for state taxes as required by Act No. 105 of the Third Special Session of the Alabama Legislature 1971, as amended by Act 91-192 of the Alabama Legislature, 1991; and

WHEREAS, since February 17, 2015, the following described properties have had the nuisances thereon abated:

1 23-02-2-03-23.000-RR; 9021 BEVERLY DR, LOT 13 BLK 4 BEL AIR

15 30-02-3-07-06.000-RR; 5424 13TH AVE, E 75 FT LOTS 3 & 4 MAP OF JOHN HILTON SUR

34 22-27-3-18-08.000-RR; 1113 5TH ST W, N 37 FT OF LOT 9 BLK 15 SPAULDING MARCH 24 2015 4

93 29-30-2-38-05.000-RR; 4317 WILLARD AVE SW, LOT 6 BLK 3 J W WILKS SUR SEC 30-18-3 5/26BH

97 30-25-3-31-11.000-RR; 5416 SMITH AVE, LOT 1 BL 1 MOSS & TAYLOR ADD

99 29-06-1-27-04.000-RR; 1801 27TH ST, LOT 9 & W 3 FT LOT 8 BLK 55 ENSLEY HIGHLANDS

116 29-06-4-31-17.000-RR; 1516 WARRIOR RD, LOT 17 BLK 26 BHAM ENSLEY

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham that after having heard all protests or objections presented, the noxious or dangerous weeds located at the premises listed here in below, which were declared to be abated by the removal of said weeds by the City and the costs of such abatement shall be assessed against and shall constitute a lien on such property:

2 23-28-3-02-97.000-RR; 739 47TH PL S, LOT 1 BLK 1 J R PHILLIPS SUR

3 29-05-1-36-21.000-RR; 2916 LOMB AVE, LOT 10 BLK 4 MID-BHAM

4 30-02-4-03-13.000-RR; 4401 12TH CT, LOT 6 BLK 2 BUSH ADD TO WYLAM

5 30-02-1-49-10.000-RR; 4408 11TH AVE, LOT 9 BLK 19 PRATT LAND & IMPROVEMENT CO

6 30-02-1-49-04.000-RR; 4415 10TH AVE, LOT 3 BLK 19 PRATT LAND & IMPROVEMENT CO

7 22-13-4-21-19.000-RR; 3130 31ST AVE N, E 1/2 LOT 6 BLK 1 EBORNS ADD TO NO BHAM

8 30-02-1-12-07.000-RR; 4312 6TH AVE, S 95 FT OF W 1/2 OF LOT 8 & E 37.5 FT OF S 95 FT LOT 7 BLK 2 JOSEPH MARTINS SUR

9 22-13-4-21-16.000-RR; 3146 31ST AVE N, LOT 9 BLK 1 EBORNS ADD TO NO BHAM

10 30-02-3-08-09.000-RR; 1232 RICHMOND ST, LOT 10 BLK F PRATT LAND & IMPROVEMENT CO MAP OF MINNIEVILLE

11 22-13-4-16-16.000-RR; 3408 31ST AVE N, LOT 15 BLK 4 DOUGLASVILLE

12 30-02-3-01-08.000-RR; 1239 PORTLAND ST, LOT 4 BLK D PRATT LAND AND IMPROVEMENT CO MAP OF MINNIEVILLE

13 30-02-3-05-07.000-RR; 5437 12TH AVE, LOT 10 PIKES ADD TO MINIEVILLE

14 30-02-3-08-01.001-RR; 1225 SEATTLE ST, LOT 1 BLK F PRATT LAND & IMP CO MAP OF MINNEVILLE 4/19

16 29-19-1-01-40.000-RR; 3217 ASH AVE SW, POB 235 FT W OF THE W INTER OF SW 32ND ST & SW ASH AVE TH W 50 FT ALG SW ASH AVE TH S 160 FT TO ALLEY TH E 50 FT TH N 160 FT TO POB BEING PT OF LOT 4 MOSE & LULA HILL SUR

17 29-06-4-26-10.000-RR; 1727 WARRIOR RD, LOT 27 BLK 2 CENTRAL PARK HGLDS

MARCH 24 2015 5

18 29-07-4-04-08.000-RR; 1604 49TH ST, P O B 250 FT W OF THE NW INTER OF AVE Q & 49TH ST TH W 50 FT ALG 49TH ST TH N 140 FT TO ALLEY TH E 50 FT ALG ALLEY TH S 140 FT TO P O B BEING PT OF LOT 7 BLK 43 WESTLEIGH

19 29-08-2-12-20.000-RR; 4718 AVENUE T, LOT 20 BLK 7 CENTRAL PARK LAND COMPANYS FIRST SURVEY

20 29-08-2-12-22.000-RR; 4708 AVENUE T, LOT 22 BLK 7 CENTRAL PARK LAND COMPANYS FIRST SURVEY

21 22-27-3-15-08.000-RR; 212 11TH CT W, LOT 12 BLK 4 SPAULDING

22 22-27-3-16-01.000-RR; 213 11TH CT W, LOT 4 BLK 17 SPAULDING

23 22-27-3-15-06.000-RR; 222 11TH CT W, LOT 10 BLK 4 SPAULDING

24 22-27-3-13-12.000-RR; 426 11TH CT W, LOT 10 BLK 6 SPAULDING

25 22-27-3-19-07.000-RR; 525 11TH CT W, LOT 7 BLK 14 SPAULDING

26 22-27-3-20-01.000-RR; 601 11TH CT W, LOT 1 BLK 13 SPAULDING

27 22-27-3-20-02.000-RR; 605 11TH CT W, LOT 2 BLK 13 SPAULDING

28 22-27-3-20-03.000-RR; 609 11TH CT W, LOT 3 BLK 13 SPAULDING

29 22-27-3-11-05.000-RR; 621 12TH AVE W, LOT 6 BLK 8 SPAULDING

30 22-27-3-13-02.000-RR; 405 12TH AVE W, N 80 FT LOT 2 BLK 6 SPAULDING

31 22-27-3-14-07.000-RR; 329 12TH AVE W, LOT 8 BLK 5 SPAULDING

32 22-27-3-12-07.000-RR; 1145 6TH ST W, LOTS 9+10 BLK 7 SPAULDING

33 22-27-3-11-17.000-RR; 1138 6TH ST W, S 55 FT OF N 110 FT OF E 45 FT OF LOT 16 BLK 8 SPAULDING

35 22-27-4-26-01.000-RR; 1231 BANKHEAD HWY N, LOT K RESUB OF A PORTION OF NO SMITHFIELD & ADJOINING PROPERTY

36 22-34-1-02-02.001-RR; 1112 3RD ST N, N 70 FT LOT 12 BLK 12 SMITHFIELD (NORTH)

37 22-20-1-05-02.000-RR; 401 CHERRY AVE, COM AT INTER OF E/L OF CHERRY AVE & N/L SMITHFIELD DR TH N 900 FT TH E 10 FT TH N 20 FT TH E 205 FT H S 920 FT TH W 225 FT TO POB ALSO BEG AT SE COR OF LOT 20 LAURA & JACK ODUM SUR TH N 250 FT TH W 105 FT TH N 220 FT TH W 235 FT TH N 10 FT TH W 225 FT TH

38 22-20-1-01-04.000-RR; 933 NELEMS ST, BEG 52.5 FT N OF SW COR OF NE 1/4 OF NE 1/4 TH CONT N 155S FT TH E 210S FT TH S 155S FT TH W 210S FT TO POB BEING PT OF NE 1/4 OF NE 1/4 SECT 20 TP 17 R 3

39 22-20-1-06-12.000-RR; 805 HOUSTON PL, LOT 3 LAURA AND JACK ODOM SUR LESS RD R/W

MARCH 24 2015 6

40 22-20-1-01-41.000-RR; NEXT TO 803 SPRING ST, BEG 304 FT N OF SE COR OF SE 1/4 OF NE 1/4 TH N 224 FT ALG E/L SEC 20 TH W 195 FT TO ST TH S 224 FT ALG SPRING ST TH E

41 22-21-2-04-22.000-RR; 1949 CLOVER DR, LOT 4 BLK 5 PHASE I 4TH SECT HUNTINGTON HILLS 1ST ADD 163/81

42 22-21-2-02-30.000-RR; 1936 CLOVER DR, LOT 27 BLK 4 PHASE I 4TH SECT HUNTINGTON HILLS 1ST ADD 163/81

43 22-21-2-02-19.000-RR; 1980 CLOVER DR, BEG SE COR OF LOT 2 BLK 6 HUNGTINGTON HILLS 3RD SECTOR 1ST ADD 145/60 TH NE 25 FT TH NW 1230 FT TH SW 430 FT TH S 140 FT TH E 170 FT TH SE 10 FT TH E 108.8 FT TH SE 61 FT TH SE 10 FT TH E 120 FT TH S 5 FT TH E 170 FT TH S 405 FT TH E 135 FT TH SE 129.5 FT

44 22-20-4-08-01.000-RR; 1509 COLUMBIA ST, LOT 10 BLK 6 TENN LAND CO 2ND ADD TO PRATT CITY 5/78

45 22-20-4-05-02.000-RR; 1418 COLUMBIA ST, LOTS 3 TO 8 INCL BLK 1 TENN LAND COS 1ST ADD TO PRATT CITY

46 22-20-4-05-01.000-RR; 1428 COLUMBIA ST, LOTS 1 & 2 BLK 1 TENN LD COS 1ST ADD TO PRATT CITY

47 22-27-2-11-06.000-RR; 2125 6TH PL W, LOT 8 BLK 30 FINLEY MANOR

48 22-28-1-13-05.000-RR; 728 16TH AVE W, LOT 9 BLK 73 WALKER LAND CO SUB OF WADE TRACT BLKS 72-74 5/5

49 22-34-3-19-06.000-RR; 721 6TH AVE W, LOT 6 BLK 12 R W OWENS ADD TO BHAM

50 22-34-1-08-08.001-RR; 1032 1ST ST N, S 1/2 LOTS 15 & 16 BLK 30 SMITHFIELD (NORTH)

51 22-33-1-05-05.000-RR; 1005 10TH ST W, LOT 7 8 & 9 BLK 5 COLLEGE HGLDS

52 22-33-4-09-04.000-RR; 1211 8TH AVE W, LOT 8 BLK 24 BUSH HILLS

53 22-33-4-09-05.000-RR; 1215 8TH AVE W, LOT 7 BLK 24 BUSH HILLS

54 22-33-3-23-06.000-RR; 431 13TH ST W, S 40 FT OF LOTS 13+14 BLK 29 COMPTON RISING

55 22-33-4-16-17.000-RR; 920 4TH TER W, LOT 13 BLK 15 OWENTON

56 22-32-4-20-20.000-RR; 2730 17TH ST, LOT 3 BLK C SHADYSIDE PARK ADD TO BHAM

57 22-32-4-18-04.000-RR; 2625 17TH ST, LOT 7 BLK B SHADYSIDE PARK ADD TO BHAM

58 29-05-2-07-07.000-RR; 2521 23RD ST W, LOT 7 BLK 73 BHAM-ENSLEY

59 29-05-1-07-14.000-RR; 2612 24TH ST W, LOT 16 & W 10 FT LOT 17 BLK 62 BHAM ENSLEY

60 29-05-1-07-15.000-RR; 2616 24TH ST W, E 40 FT OF LOT 17 & W 5 FT OF LOT 18 BLK 62 BHAM ENSLEY 61 29-05-1-07-18.000-RR; 2632 24TH ST W, LOT 21 BLK 62 BHAM ENSLEY

MARCH 24 2015 7

62 29-05-1-07-20.000-RR; 2640 24TH ST W, LOT 23 BLK 62 BHAM ENSLEY

63 29-05-1-08-13.000-RR; 2708 24TH ST W, LOT 15 BLK 59 BHAM-ENSLEY

64 29-05-1-08-15.000-RR; 2716 24TH ST W, LOT 17 BLK 59 BHAM ENSLEY.

65 29-05-1-08-16.000-RR; 2720 24TH ST W, LOT 18 BLK 59 BHAM ENSLEY

66 29-05-1-08-17.000-RR; 2724 24TH ST W, LOT 19 BLK 59 BHAM ENSLEY.

67 29-05-2-14-22.000-RR; 2540 25TH ST W, LOT 23 BLK 72 BHAM-ENSLEY

68 29-05-2-21-05.000-RR; 2337 26TH ST W, LOT 7 BLK 69 BHAM-ENSLEY

69 29-05-2-26-03.000-RR; 2439 29TH ST W, LOT 3 BLK 66 BHAM-ENSLEY

70 29-05-2-26-04.000-RR; 2429 29TH ST W, LOTS 4 THRU 6 BLK 66 BHAM ENSLEY

71 29-05-2-24-19.000-RR; 2412 29TH ST W, W 35 FT LOT 23 & E 15 FT LOT 22 BLK 67 BHAM ENSLEY

72 29-05-2-24-23.000-RR; 2428 29TH ST W, LOT 27 BLK 67 BHAM ENSLEY

73 29-05-2-22-18.000-RR; 2540 29TH ST W, LOT 29 BLK 64 BHAM ENSLEY

74 29-05-3-03-06.000-RR; 2320 30TH ST W, LOT 3 BLK 5 A L MCWILLIAMS SUR OF FAIRVIEW SUB

75 29-05-3-02-17.000-RR; 2436 31ST ST W, LOTS 9 & 10 BLK 4 MCWILLIAMS ADD TO FAIRVIEW PARK 2/55 76 29-05-3-02-07.000-RR; 2407 30TH ST W, LOT 16 BLK 4 A L MCWILLIAMS SUR OF FAIRVIEW SUB

77 29-05-3-02-06.000-RR; 2409 30TH ST W, LOT 15 BLK 4 A L MCWILLIAMS SUR OF FAIRVIEW SUB

78 29-05-2-26-19.000-RR; 2446 30TH ST W, LOT 15 BLK 66 BHAM-ENSLEY LESS W 50 FT

79 29-05-1-23-11.000-RR; 2927 AVENUE Z, LOT 12 BLK 5 FAIRVIEW PARK

80 29-05-1-22-01.000-RR; 2900 CULLMAN AVE, LOTS 1 THRU 3 BLK 56 BHAM ENSLEY

81 22-32-4-33-07.000-RR; 2037 FAYETTE AVE, LOTS 1 THRU 3 BLK 56 BHAM ENSLEY

82 22-32-4-18-11.000-RR; 1713 AVENUE Z, LOT 12 BLK B SHADYSIDE PARK ADD TO BHAM

83 29-05-2-07-11.000-RR; 2301 AVENUE Y, LOTS 11 & 12 BLK 73 BHAM ENSLEY

84 29-05-2-06-31.000-RR; 2356 23RD ST W, LOT 14 BLK 25 TERRACE PARK ADD TO ENSLEY

85 29-05-2-08-07.000-RR; 2353 23RD ST W, LOT 9 BLK 26 TERRACE PARK ADD TO ENSLEY

86 29-05-2-08-06.000-RR; 2357 23RD ST W, LOT 10 BLK 26 TERRACE PARK ADD TO ENSLEY 87 29-05-2-09-17.000-RR; 2317 23RD ST W, LOT 2 1ST ADD TO TERRACE PARK

MARCH 24 2015 8

88 29-05-2-09-18.000-RR; 2315 23RD ST W, LOT 1 1ST ADD TO TERRACE PARK ALSO E 15 FT OF LOT 45 KOLBES 1ST ADD TO ENSLEY HIGHLANDS R 3

89 29-05-2-09-01.000-RR; 2355 24TH ST W, LOT 14 & N ½ OF LOTS 15 & 16 2ND ADD TO TERR PARK

90 29-05-2-09-02.000-RR; 2351 24TH ST W, LOT 13 2ND ADD TO TERRACE PARK

91 29-05-2-09-03.000-RR; 2347 24TH ST W, LOTS 11 & 12 2ND ADD TO TERRACE PARK

92 29-05-2-08-14.000-RR; 2352 24TH ST W, LOT 20 2ND ADD TO TERRACE PARK

94 29-30-2-35-13.000-RR; 4012 WILLARD AVE SW, LOT 15 BLK 5 J W WILKES SUR 5/26 BHAM

95 30-25-4-12-01.000-RR; 701 NEW HILL AVE, LOT 12 BLK 10 WENONAH SUB PLAT A

96 30-25-3-31-10.000-RR; 5424 SMITH AVE, LOT 12 BLK 10 WENONAH SUB PLAT A

98 29-06-1-24-03.000-RR; 1737 26TH ST, LOT 8 BLK 56 ENSLEY HGLDS

100 29-06-1-29-07.000-RR; 1608 28TH ST, LOTS 8 & 9 BLK 3 SCOTTS ADD TO ENSLEY

101 29-06-4-03-01.000-RR; 1645 29TH ST, LOT 1 BLK 19 BHAM-ENSLEY

102 29-06-4-02-05.000-RR; 1723 29TH ST, LOT 6 BLK 6 BHAM ENSLEY IMP CO SUR

103 29-06-4-08-05.000-RR; 1829 30TH ST, LOT 5 BLK 4 BHAM ENSLEY

104 29-06-3-18-11.000-RR; 1405 31ST ST, LOT 2 BLK 7 ENSLEY SO HGLDS

105 29-06-3-21-13.000-RR; 1077 32ND ST, LOT 1 BLK 4 ENSLEY LD CO 16TH ADD TO ENSLEY

106 29-06-4-16-05.000-RR; 1821 32ND ST, LOT 6 BLK 2 BHAM-ENSLEY

107 29-06-4-16-16.000-RR-02; 3220 AVENUE S, LOTS F BLK 2 FIDELITY INVESTMENT COS RESUR PB

108 29-06-4-20-02.000-RR; 1541 33RD ST, LOT 2 BLK 24 BHAM-ENSLEY

109 29-06-4-13-16.000-RR; 1524 33RD ST, LOT 19 BLK 23 BHAM ENSLEY

110 29-05-3-17-28.000-RR; 3100 AVENUE T, POB 180 FT S NW OF THE W INTER OF AVE T & WARRIOR RD TH NW 110 FT ALG AVE T TH SW 110 FT TH SE 110 FT TH NE 110 FT TO POB

111 29-05-3-17-38.000-RR; 3038 AVENUE T, LOT 11 BLK 4 OAK CLIFF

112 29-06-1-14-13.000-RR; 2429 AVENUE R, BEG AT NE COR LOT 7 BLK 58 ENSLEY HIGHLANDS TH SE 50.5 FT TH SW 70SQ FT & NW 84.2 FT TH E 75.5 FT TO POB BEING PART LOT 7 BLK 58 ENSLEY HIGHLANDS

113 29-06-3-13-08.000-RR; 1105 PIKE RD, LOT 9 BLK 3 ENSLEY LD COS 16TH ADD TO ENSLEY

114 29-05-2-11-03.000-RR; 2005 PIKE RD, LOT 2 BLK 1 J C MCWILLIAMS MARCH 24 2015 9

115 29-05-2-03-40.000-RR; 2108 PIKE RD, LOT 3 BLK 21 PEGRAM & MEADE SUB

117 29-05-3-18-23.000-RR; 3017 AVE, LOT 14 INVESTMENT REAL EST CO SUR BLK D OF MARGARET BRYAN SUR

118 29-05-3-17-13.000-RR; 3007 PRINCE AVE, LOT 26 BLK D MARGARET BRYAN SUR

119 23-02-1-06-02.000-RR; 209 95TH ST N, LOTS 2 & 3 BLK 6 ROEBUCK HIGHLANDS 8/38

120 23-02-2-05-20.000-RR; 9020 BELVOIR DR, LOT 6 BLK 2 BEL AIR 1ST ADD

121 30-25-1-04-15.000-RR; 4908 JEFFERSON AVE SW, LOT 10 BL 6 HILLMAN HILLMAN

122 30-25-1-26-08.000-RR; 3340 46TH ST SW, LOT 11 BL 2 HILLMAN PARK 1ST ADD

123 30-25-1-17-12.000-RR; 4724 CARVER AVE SW, LOT 16 BL 5 HILLMAN PARK

124 30-25-1-11-45.000-RR; 4604 GRASSELLI BLV, LOT 19 BL 1 HILLMAN GARDENS

125 30-25-1-08-21.000-RR; 4524 GRASSELLI BLVD, LOT 26 BL 2 HILLMAN GARDENS

126 30-25-1-14-04.000-RR; 5017 CRAIG AVE SW, LOT 4 BL 7 HILLMAN

127 30-25-1-04-05.000-RR; 4913 CRAIG AVE SW, LOT 5 & 6 & 7 BL 6 HILLMAN

128 30-25-1-11-20.000-RR; 4821 PARK AVE SW, LOTS 4 & 5 & NE 5 FT OF LOT 3 BLK 17 HILLMAN 1/57

129 23-20-4-27-25.000-RR; 210 47TH PL N, LOT 13 BLK 16 WOODLAWN RLTY COS 3RD ADD

130 29-18-4-11-07.000-RR; 3340 ALMEDA AVE SW, LOTS 14 & 15 BLK 6 ENTERPRISE TRACT 1/95

131 29-18-4-11-07.001-RR; 3346 ALEMEDA AVE SW, LOTS 12 & 13 BLK 6 ENTERPRISE TRACT 1/95

132 29-04-3-22-10.000-RR; 1537 ALABAMA AVE SW, LOT 10 BLK 46 WEST END LAND & IMP CO 38/39

133 22-29-3-06-30.000-RR; 524 AVENUE T, LOTS 1 & 2 ELISABETH FIELDS SUR

134 22-29-2-46-05.000-RR; 421 COURT G, LOT 9 BLK 4 EX S 26 FT HUEY PARKER BARKER ET AL SUR

135 22-29-2-46-06.000-RR; 423 COURT G, S 26 FT LOT 9 BLK 4 HUEY- PARKER-BARKER ET AL SUR ECHOLS-MAY ET AL

136 22-29-2-46-08.000-RR; 433 COURT G, LOT 10 EXC N 50 FT BLK 4 HUEY PARKER & BARKER

137 30-02-1-21-12.000-RR; 4608 8TH AVE, LOTS 13 & 14 BLK 8 RESUR OF ADLER WEAVER

138 30-02-1-42-03.000-RR; 4409 9TH AVE, LOT 4 BLK 18 PRATT LAND & IMPROVEMENT CO

139 30-02-4-02-15.000-RR; 1226 FRISCO ST, LOTS 12 13 14 AND S 3 FT OF LOT 11 BLK 1 ANDREW BURGIN MARCH 24 2015 10

SUR

140 30-02-4-10-10.000-RR; 1306 ERIE ST, ALL OF LOT 6 & S 10 FT OF LOT 5 BLK 4 ANDREW BURGINS ADD TO WYLAM

141 30-02-4-03-45.000-RR; 1216 GULFPORT ST, N 47S FT LOT 3 BLK 1 ANDREW BURGIN RESUR BLKS 1 & 2

RESOLUTION NO. 407-15

WHEREAS, HB53, Act No. 2001-229, enacted the by the Legislature of Alabama at the Regular Session, 2001, authorizes Class I municipalities to provide for the abatement and removal of inoperable motor vehicles as public nuisances from private property.

WHEREAS, any motor vehicle or trailer, or semi-trailer have remained on private property and in view of the general public for 30 days or greater and is inoperable in that one or more of its major mechanical components, including, but not limited to, engine, transmission, drive train, or wheels, are missing or are not functional or the vehicle otherwise constitutes a nuisance.

WHEREAS, the cost of the removal of such nuisance shall be assessed by the City’s contracted towing service. Cost shall be assessed against the registered owner of the vehicle if the identity of the owner can be determined.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Birmingham that the inoperable motor vehicles described herein below be and are hereby declared to be a public nuisance:

RED CHEVY PICKUP VEHICLE/VIN#: UNK located at 204 LEEWOOD CIR 35214 Parcel ID Number 22-19-4-11-23.000-RR.

RESOLUTION NO. 408-15

WHEREAS, HB53, Act No. 2001-229, enacted the by the Legislature of Alabama at the Regular Session, 2001, authorizes Class I municipalities to provide for the abatement and removal of inoperable motor vehicles as public nuisances from private property.

WHEREAS, any motor vehicle or trailer, or semi-trailer have remained on private property and in view of the general public for 30 days or greater and is inoperable in that one or more of its major mechanical components, including, but not limited to, engine, transmission, drive train, or wheels, are missing or are not functional or the vehicle otherwise constitutes a nuisance.

WHEREAS, the cost of the removal of such nuisance shall be assessed by the City’s contracted towing service. Cost shall be assessed against the registered owner of the vehicle if the identity of the owner can be determined. MARCH 24 2015 11

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Birmingham that the inoperable motor vehicles described herein below be and are hereby declared to be a public nuisance:

TAN LINCOLN TAG#: AM02162VIN#: UNK located at 2031 LEE CT SW 35211 Parcel ID Number 29-08-4-07-08.000-RR.

RESOLUTION NO. 409-15

WHEREAS, HB53, Act No. 2001-229, enacted the by the Legislature of Alabama at the Regular Session, 2001, authorizes Class I municipalities to provide for the abatement and removal of inoperable motor vehicles as public nuisances from private property.

WHEREAS, any motor vehicle or trailer, or semi-trailer have remained on private property and in view of the general public for 30 days or greater and is inoperable in that one or more of its major mechanical components, including, but not limited to, engine, transmission, drive train, or wheels, are missing or are not functional or the vehicle otherwise constitutes a nuisance.

WHEREAS, the cost of the removal of such nuisance shall be assessed by the City’s contracted towing service. Cost shall be assessed against the registered owner of the vehicle if the identity of the owner can be determined.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Birmingham that the inoperable motor vehicles described herein below be and are hereby declared to be a public nuisance:

WHITE JEEP CHEROKEE TAG#/VIN#: UNK located at 2031 LEE CT SW 35211 Parcel ID Number 29-08-4-07-08.000-RR.

RESOLUTION NO. 410-15

WHEREAS, the City of Birmingham (the “City”) entered a bid to the International World Games Association to be the host city for The World Games 2021; and

WHEREAS, the City was selected as the host city for The World Games 2021; and

WHEREAS, Battle Law Firm, LLC (“Battle”) is a law firm whose principal attorney has many years of expertise in dealing with important matters that have affected the State of Alabama and the City; and WHEREAS, the City desires to utilize Battle’s professional legal services as the City prepares to carry out its obligations to host The World Games 2021; and

WHEREAS, the City finds Battle’s assistance with legal matters to be in the best interest of the City based on its experience and the desirability and efficiency of its legal representation. MARCH 24 2015 12

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor be and hereby is authorized to execute, for and as the act of said City, a Contract for Legal Services with the Battle Law Firm, LLC for professional legal services to be rendered in the amount of up to $16,666.67 over a period of up to four months, ending June 30, 2015, in connection with The World Games 2021.

RESOLUTION NO. 411-15

WHEREAS, the City of Birmingham (the “City”) desires to utilize Metric Engineering, Inc., a Florida Corporation, (“Metric”) to perform professional consultant services and furnish deliverables related to the City’s disaster recovery planning and implementation; and

WHEREAS, Metric has an extensive background in the planning, management and implementation of a City project funded through the Federal Emergency Management Agency (“FEMA”) and is capable of providing professional services in support of the City’s planning efforts to prepare for future disasters; and

WHEREAS, the City seeks to implement an effective and efficient recovery program when responding to and recovering from future disasters while maximizing its FEMA reimbursements as well as hazard mitigation measures and implementation opportunities associated with the repair and rebuilding of damaged public and critical facilities under the FEMA Public Assistance Program for future emergency and permanent work projects; and

WHEREAS, the City desires to utilize the professional services of Metric in order to prepare a comprehensive disaster recovery plan, incorporating the National Disaster Response Framework (NDRF) as the City standard for emergency recovery operations, and establish the overall roles and responsibilities for emergency recovery operations, as well as the concept of operations for the City, all to be used in conjunction with established operational procedures, plans, and protocols of the City; and

WHEREAS, the Council of the City finds that the City’s entry into an Agreement for Professional Services with Metric, under which the City will pay Metric an amount of up to Ninety-Five Thousand and No/100 Dollars ($95,000.00) in consideration of the services described herein is in the public interest, and promotes the health, safety and welfare of the citizens of the City of Birmingham.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor be and hereby is authorized to execute, for and as the act of said City, an Agreement for Professional Services with Metric Engineering, Inc. for professional consultant services associated with the development of a post-disaster recovery plan and all other services outlined in the Agreement for Professional Services in an amount of up to $95,000.00 over a period of up to one hundred eighty (180) days from the effective date of the Agreement for Professional Services.

MARCH 24 2015 13

RESOLUTION NO. 412-15

BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor be and hereby is authorized to execute, for and as the act of said City, an Agreement with the Regional Planning Commission of Greater Birmingham, in substantially the same form as on file in the Office of the City Clerk, under which RPCGB will develop the Southwest Area Framework Plan for a fee of $56,861.39, with a federal match in the amount of $227,445.56 to be provided through the Building Communities Grant program administered by the Metropolitan Planning Organization (MPO).

RESOLUTION NO. 413-15

BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor be and hereby is authorized to execute, for and as the act of said City, an Agreement with the Regional Planning Commission of Greater Birmingham, in substantially the same form as on file in the Office of the City Clerk, under which RPCGB will develop the Northeastern Area Framework Plan for a fee of $58,441.93, with a federal match in the amount of $233,767.71 to be provided through the Building Communities Grant program administered by the Metropolitan Planning Organization (MPO).

RESOLUTION NO. 414-15

BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor be and hereby is authorized to execute, for and as the act of said City, an Agreement with the Regional Planning Commission of Greater Birmingham, in substantially the same form as on file in the Office of the City Clerk, under which RPCGB will develop the Form Based Code and Urban Design Standards Project for a fee of $63,352.54, with a federal match in the amount $253,410.17 to be provided through the Building Communities Grant program administered by the Metropolitan Planning Organization (MPO).

RESOLUTION NO. 415-15

WHEREAS, pursuant to Resolution No. 1826-11, the City of Birmingham on December 20, 2011 entered into an agreement with the Jefferson County Committee for Economic Opportunity (JCCEO) for JCCEO to assist the City of Birmingham with implementation of the Neighborhood Stabilization Program (NSP3) under which JCCEO agreed to acquire foreclosed and/or abandoned properties, the rehabilitation/rebuilding of said properties for disposition to qualified applicants; and

WHEREAS, on April 22, 2014 pursuant to Resolution No. 362-14, adopted by the City MARCH 24 2015 14

Council of the City Council of the City of Birmingham on March 18, 2014, the City entered into an Amended Development Agreement with which JCCEO successfully completed the acquisition and reconstruction of 10 of properties; and the City agreed extend the agreement between the City of Birmingham and JCCEO until December 31, 2014; and that JCCEO be authorized to spend the remaining grant funds plus program income as required for the completion of the remaining houses and NSP3 eligible activities; and

WHEREAS, JCCEO has successfully completed the acquisition of 16 properties and reconstruction of 12 of those properties, and is in the midst of reconstruction of two (2) houses which will require additional funding; and

WHEREAS, the sale of some of the houses will generate additional program income which must be spent on eligible NPS3 costs which will require an extension of time.

NOW THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to extend the agreement between the City of Birmingham and JCCEO until December 31, 2015; and that JCCEO be authorized to utilize additional grant funds in the amount of $150,000 from HUD B-12- MT-01-0001 funds plus program income as required for the completion of the remaining houses and NSP3 eligible activities as required by HUD regulations.

RESOLUTION NO. 416-15

BE IT RESOLVED by the Council of the City of Birmingham that Resolution No. 21333- 13 approving the purchase of Microsoft software products as needed at unit prices on file in the office of Purchasing Agent, based on bid awarded contract by the State of Alabama Contract No. 4012464. T-Number T497 from SHI International, Philadelphia, PA, for the Information Management Services Department, be amended to extend the term for an additional ten (10) months ending October 31, 2017, subject to a mutual agreement between the SHI International and the State of Alabama, and providing for any payment for such products to begin in August of the City’s 2016 fiscal year and the same hereby is approved; and

BE IT FURTHER RESOLVED that Mayor is hereby authorized to execute the necessary documents on behalf of the City.

RESOLUTION NO. 417-15

BE IT RESOLVED that the Council of the City of Birmingham hereby appoints Donna Hall as a consultant to assist the Office of Councilor William Parker with various community projects to promote and enhance the growth of the residents in Council District 4, for an amount not to exceed $4,800.00, Four Thousand Eight Hundred Dollars and No Cents, and

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the appointment letter. MARCH 24 2015 15

ADOPTED this Twenty Fourth day of March, Two Thousand and Fifteen. Professional Fees – District 4 Consulting Fees 527-014

RESOLUTION NO. 418-15

BE IT RESOLVED that the Council of the City of Birmingham hereby appoints Rodney Huntley as a consultant to assist the Office of Councilor William Parker with various community projects to promote and enhance the growth of the residents in Council District 4, for an amount not to exceed $4,800.00, Four Thousand Eight Hundred Dollars and No Cents, and

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the appointment letter.

ADOPTED this Twenty Fourth day of March, Two Thousand and Fifteen.

Professional Fees – District 4 Consulting Fees 527-014

RESOLUTION NO. 419-15

BE IT RESOLVED that the Council of the City of Birmingham hereby appoints Viola Lockett as a consultant to assist the Office of Councilor William Parker with various community projects to promote and enhance the growth of the residents in Council District 4, for an amount not to exceed $3,000.00, Three Thousand Dollars and No Cents, and

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the appointment letter.

ADOPTED this Twenty Fourth day of March, Two Thousand and Fifteen.

Professional Fees – District 4 Consulting Fees 527-014

RESOLUTION NO. 420-15

BE IT RESOLVED by the Council of the City of Birmingham that expenditures, in an amount not to exceed $101,610.00, for the National Collegiate Athletic Association (NCAA) Division II Track & Field Championship, to be reimbursed to the City of Birmingham by the NCAA, be and the same hereby is accepted and approved, and;

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreement on behalf of the City.

MARCH 24 2015 16

Appropriated for in FY2014-2015 Budget

G/L Account: 035_002.523-006 G/L Account: 035_002.534-040 Project Code: SF035GR 022031

RESOLUTION NO. 421-15

WHEREAS, the City of Birmingham (the “City”) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the “Council”) provides an annual allocation of funds (“City Funding”) to the City’s associated ninety-nine Neighborhood Associations (the “Neighborhood Associations”) for capital and non-capital spending; and

WHEREAS, the Spring Lake Neighborhood Association has requested the allocation of $793 for landscaping and beautification of the City’s sign located in the public Right-of-Way and marking the location of the Spring Lake neighborhood; and

WHEREAS, the Council finds that the expenditure of public funds on behalf for the Spring Lake neighborhood for this reason is authorized and serves the best interest of the citizens of Birmingham.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the City has inherent authority to maintain its Rights-of-Ways and city signs marking important points within the City; (2) and authorizes the Mayor to expend $793 for landscaping and beautification of the City’s sign located in the public Right-of-Way and marking the location of the Spring Lake neighborhood.

RESOLUTION NO. 422-15

WHEREAS, the City of Birmingham (the “City”) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the “Council”) provides an annual allocation of funds (“City Funding”) to the City’s associated ninety-nine Neighborhood Associations (the “Neighborhood Associations”) for capital and non-capital spending; and

WHEREAS, the Bush Hills Neighborhood Association has requested the allocation in the total amount of $100, to provide for a portion of the 18th annual Birmingham Park and Recreation “Family Fishing Rodeo” to be held on Saturday, June 6, 2015 at East Lake Park, for the amusement of the citizens of Birmingham; and

WHEREAS, the Council supports activities that strengthen the neighborhoods and that promote cohesiveness among the residents within the neighborhoods; and

WHEREAS, the Council finds that the expenditure of public funds for the Bush Hills MARCH 24 2015 17 neighborhood for this reason is authorized and serves the best interest of the citizens of Birmingham, pursuant to Section 11-47-19, Code of Alabama, 1975.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor is authorized to expend public funds to provide for a portion of the 18th annual Birmingham Park and Recreation “Family Fishing Rodeo” to be held on Saturday, June 6, 2015 at East Lake Park, pursuant to Section 11-47-19, Code of Alabama, 1975; (2) authorizing the expenditure of the total amount of One Hundred and No/100 Dollars ($100.00) for the purchase of goods and services for this purpose, subject to the availability of funds remaining in the allocation for the Bush Hills Neighborhood Association.

RESOLUTION NO. 423-15

WHEREAS, the City of Birmingham (the “City”) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the “Council”) provides an annual allocation of funds (“City Funding”) to the City’s associated ninety-nine Neighborhood Associations (the “Neighborhood Associations”) for capital and non-capital spending; and

WHEREAS, the Crestwood North Neighborhood Association has requested the allocation in the total amount of $100, to provide for a portion of the 18th annual Birmingham Park and Recreation “Family Fishing Rodeo” to be held on Saturday, June 6, 2015 at East Lake Park, for the amusement of the citizens of Birmingham; and

WHEREAS, the Council supports activities that strengthen the neighborhoods and that promote cohesiveness among the residents within the neighborhoods; and

WHEREAS, the Council finds that the expenditure of public funds for the Crestwood North neighborhood for this reason is authorized and serves the best interest of the citizens of Birmingham, pursuant to Section 11-47-19, Code of Alabama, 1975.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor is authorized to expend public funds to provide for a portion of the 18th annual Birmingham Park and Recreation “Family Fishing Rodeo” to be held on Saturday, June 6, 2015 at East Lake Park, pursuant to Section 11-47-19, Code of Alabama, 1975; (2) authorizing the expenditure of the total amount of One Hundred and No/100 Dollars ($100.00) for the purchase of goods and services for this purpose, subject to the availability of funds remaining in the allocation for the Crestwood North Neighborhood Association.

RESOLUTION NO. 424-15

WHEREAS, the City of Birmingham (the “City”) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the “Council”) provides an MARCH 24 2015 18 annual allocation of funds (“City Funding”) to the City’s associated ninety-nine Neighborhood Associations (the “Neighborhood Associations”) for capital and non-capital spending; and WHEREAS, the Dolomite Neighborhood Association has requested the allocation in the total amount of $100, to provide for a portion of the 18th annual Birmingham Park and Recreation “Family Fishing Rodeo” to be held on Saturday, June 6, 2015 at East Lake Park, for the amusement of the citizens of Birmingham; and

WHEREAS, the Council supports activities that strengthen the neighborhoods and that promote cohesiveness among the residents within the neighborhoods; and

WHEREAS, the Council finds that the expenditure of public funds for the Dolomite neighborhood for this reason is authorized and serves the best interest of the citizens of Birmingham, pursuant to Section 11-47-19, Code of Alabama, 1975.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor is authorized to expend public funds to provide for a portion of the 18th annual Birmingham Park and Recreation “Family Fishing Rodeo” to be held on Saturday, June 6, 2015 at East Lake Park, pursuant to Section 11-47-19, Code of Alabama, 1975; (2) authorizing the expenditure of the total amount of One Hundred and No/100 Dollars ($100.00) for the purchase of goods and services for this purpose, subject to the availability of funds remaining in the allocation for the Dolomite Neighborhood Association.

RESOLUTION NO. 425-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Monroe Robinson (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

1326 Avenue T Ensley & Storage House in the City of Birmingham, more particularly described as:

LOTS 11 AND 12 BLK 16 TUXEDO PARK AS RECORDED IN MAP BOOK 0004, MAP PAGE 0032 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-32-3-6-20). LOT SIZE 50' X 140' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, MARCH 24 2015 19

Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2012-00306

RESOLUTION NO. 426-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Hattie Woods (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes, and

LWBR, LLC mortgagee of said property and that on this date the City Council will determine whether or not the building or structure located at

224 Avenue T (Duplex) Pratt City in the City of Birmingham, more particularly described as:

LOT A W D YOUNG TRACT RESUR SUBDIV OF LOT 1 & N 1/2 OF LOT 4 BLK 10 W D YOUNG TR AS RECORDED IN MAP BOOK 0028, MAP PAGE 0065 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-29-2-30-12). LOT SIZE 50' X 192' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2012-00286

RESOLUTION NO. 427-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Joseph Washington & Bernice Washington (Assessed Owners) MARCH 24 2015 20

the person or persons, firm, association or corporation last assessing the below described property for state taxes, and

Bernice Washington (Apparent Owner) Minnie Patrick (Apparent Owner) the person or persons, firm, association or corporation having interest in the below described property per title search information

520 5th Way Pratt City & Two Sheds in the City of Birmingham, more particularly described as:

LOT 14 BLK 10 ENSLEY LD CO ADD TO PRATT CITY AS RECORDED IN MAP BOOK 0003, MAP PAGE 0101 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-30-4-15-14). LOT SIZE 50' X 138.5' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2012-00274

RESOLUTION NO. 428-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Sandra Rivers (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes, and

HSBC Bank USA, N.A. c/o Ocwen Loan Servicing (Apparent Owner) the person or persons, firm, association or corporation having interest in the below described property per title search information

305 Avenue U Pratt City & Storage House & Garage

MARCH 24 2015 21 in the City of Birmingham, more particularly described as:

POB 156 S FT S OF THE SE INTER OF 3RD ST & AVE U TH S 52.1 FT ALG AVE U TH E 181 177S FT S TO CT U TH N 48.5 FT ALG CT U TH W 180.8 175S FT TO POB BEING PT OF LOT 1 BLK 3 B W MAYS ORIG SUR SECT 29 TWSP 17S RANGE 3W AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-29-2-34-5). LOT SIZE 51' X 176'

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2012-00266

RESOLUTION NO. 429-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Lou Thelma Lovejoy (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

2817 Jackson Street in the City of Birmingham, more particularly described as:

LOT 8 BLK A JAKE JACKSON SUR AS RECORDED IN MAP BOOK 0904, MAP PAGE 0085 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (21-36-2-8-3). LOT SIZE 50' X 150' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2012-00260

MARCH 24 2015 22

RESOLUTION NO. 430-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Charles E. Breedlove, Sr. (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

4028 Center Street North in the City of Birmingham, more particularly described as:

LOT 2 BLK 2 FRANKLIN GDNS #2 AS RECORDED IN MAP BOOK 0027, MAP PAGE 0094 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-15-1-4-8). LOT SIZE 50' X 105' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2011-00764

RESOLUTION NO. 431-15

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Lewis M. Armstrong, Agt for Heirs of Lelia Armstrong (Assessed Owner)

the person or persons, firm, association or corporation last assessing the below described property for state taxes,

806 37th Place North in the City of Birmingham, more particularly described as:

LOT 3 & N 12 FT LOT 2 BLK 10 EAST BHAM AS RECORDED IN MAP BOOK 0001, MAP PAGE 0005 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (23-19-4-25-18). LOT SIZE 62' X 144' MARCH 24 2015 23

is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2011-00763

RESOLUTION NO. 432-15_

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to Willie Lee Daniels & Rosa Lee Daniels (Assessed Owners) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

2726 21st Avenue North in the City of Birmingham, more particularly described as:

P O B 50 FT SW OF NW INTER 21ST AVE N & 28TH ST N TH SW 50S FT ALG 21ST AVE N TH NW 140 FT TO ALLEY TH NE 50S FT TH SE 140 FT TO P O B BEING PART BLK 16 HASKELL & MULLER PROP S OF VILLAGE CREEK AS RECORDED IN MAP BOOK 0001, MAP PAGE 0357 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-24-2-17-13). LOT SIZE 50' X 140' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished.

CON2011-00761

RESOLUTION NO. 433-15

BE IT RESOLVED by the Council of the City of Birmingham that the bid for and the purchase of Lube Body as needed at the unit price on file in the office of the Purchasing Agent for a period of one (1) year and month to month thereafter for a term not to exceed three (3) years, MARCH 24 2015 24 from Knapheide Truck Equipment Company Midsouth, Birmingham, AL, for the Equipment Management Department, be and the same hereby is accepted and approved, this being the lowest bid submitted.

Appropriated for in the FY 2014-2015 Budget G/L Account: 137_000.600-010 Project: EM137CP 003870

RESOLUTION NO. 434-15

BE IT RESOLVED by the Council of the City of Birmingham that the bid for and the purchase of athletic field soil mixes at unit prices on file in the office of the Purchasing Agent, for a period of one (1) year and month to month thereafter, for a term not to exceed three (3) years subject to availability of funds, from Woodstock Trucking Company, Inc., Woodstock, AL, for the Public Works Department, be and the same hereby is accepted and approved, this being the lowest bid submitted.

Appropriated for in FY2014-2015 Budget G/L Account: 001_049_41200_41201.513-006 2 bids submitted

RESOLUTION NO. 435-15

BE IT RESOLVED by the Council of the City of Birmingham that the Director of Finance be and is hereby authorized to make the following refunds:

SALES TAX

ID# 100632 Dunn Construction Co. Inc. Attn: W. Wade Edwards 3905 Messer Airport Highway Birmingham, AL 35222 $272,022.00

OCCUPATIONAL TAX

ID# 184501 Bridgestone Retail Operations 535 Marriott Drive Nashville, TN 37214 $3,678.23

MARCH 24 2015 25

TOTAL $275,700.23

RESOLUTION NO. 436-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘EXPENSE’ accounts of the following be and the same is hereby approved for payment:

John Colon, Director, Community Development, Atlanta, GA, $192.96, January 21 – 22, 2015 to attend Environmental Protection Act Federal Interagency Working Group.

John Colon, Director, Community Development, Washington, DC, $1,015.00, March 4 - 5, 2015 to attend People & Places 2015 Community Conference

Sean Edwards, Public Information Officer, Police Department, Emmitsburg, MD, $701.31, January 25 - 30, 2015 to attend Advanced Public Information Officers Course (FEMA).

Charles Gordon, Fire Chief, Fire & Rescue, Baltimore, MD, $2,169.38, February 22 – March 1, 2015 to attend Black Chiefs Officer Committee/International Association of Black Professional Fire Fighters

Henry Irby, III, Deputy Chief, Police Department, Tampa, FL, $186.66, January 29 – February 1, 2015 to attend Tampa Police Department’s Crime Fighting Symposium

Kevin Moore, Director, Parks & Recreation, Los Angeles, CA, $2,268.50, January 31 – February 4, 2015 to attend Annual Stadium Managers Association Seminar.

Lisa Myers-Pickens, Center Director, Parks & Recreation, Florence, AL, $546.97, January 25 – 28, 2015 to attend Alabama Recreation & Parks Association 2015 Annual State Conference

Edwin Revell, Deputy Director, Planning, Engineering & Permits, Atlanta, GA, $285.90, January 21 – 22, 2015 to attend Federal Interagency Meeting

Stanley Robinson, Public Relations Coordinator, Parks & Recreation, Los Angeles, CA, $1,842.93, January 31 – February 4, 2015 to attend Annual Stadium Managers Association Seminar.

Ross Sheffield, Assistant Chief, Fire & Rescue, Baltimore, MD, $2,119.38, February 22 – March 1, 2015 to attend Black Chiefs Officer Committee/International Association of Black Professional Fire Fighters

Andra Sparks, Presiding Judge, Municipal Court, Las Vegas, NV, $1,346.35, December 7 – 11, 2014 to attend E-Courts 2014 Training & Seminar MARCH 24 2015 26

Mike Sullivan, Athletics Coordinator, Parks & Recreation, Florence, AL, $814.32, January 24 – 28, 2015 to attend Alabama Recreation & Parks Association State Conference

Phyllis Sutton, Recreation Leader, Parks & Recreation, Florence, AL, $427.70, January 25 – 28, 2015 to attend Alabama Recreation & Parks Association State Conference

Lee M. Taylor, Sergeant, Police Department, Glynco, GA, $176.00, January 25 – 31, 2015 to attend Federal Law Enforcement Training Center Firearms Instructor Refresher Training Program

RESOLUTION NO. 437-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘EXPENSE’ accounts of the following be and the same is hereby approved for payment:

Amber Courtney, Special Projects Coordinator, Community Development, Dallas, TX, $1,690.51, February 22 – 27, 2015 to attend the Public – Private Partnership Summit

Lee Frazier, City Clerk, Office of the City Clerk, Tampa, FL, $2,315.90, February 25 – March 2, 2015 to attend the Election Center – Preparing for 2016 Elections

RESOLUTION NO. 438-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ expense accounts of the following be and the same is hereby approved for payment:

John Colon, Director, Community Development, Denver, Colorado, $955.20, April 14 – 18, 2015 to attend Neighborworks America & Harvard University’s Kennedy School of Government

Direcus Cooper, Water Pollution Control Technician, Planning, Engineering & Permits, Montgomery, AL, $507.71, April 8 – 10, 2015 to attend Alabama Department of Transportation Certified Municipal Separate Storm Sewer System Specialist Course & Exam

Dan Johnson, Landfill Supervisor, Public Works, Gulf Shores, AL, $760.42, April 15 – 17, 2015 to attend Solid Waste Association of North American Certification Training

Alecia Moore, Water Pollution Control Technician, Planning, Engineering & Permits, $507.71, Montgomery, AL, $507.71, April 8 – 10, 2015 to attend Alabama Department of Transportation Certified Municipal Separate Storm Sewer System Specialist Course & Exam

Angela Moss, Water Pollution Control Technician, Planning, Engineering & Permits, Montgomery, AL, $332.18, April 8 – 10, 2015 to attend Alabama Department of Transportation Certified Municipal Separate Storm Sewer System Specialist Course & Exam MARCH 24 2015 27

Vickie Richard, Revenue Examiner, Finance Department, Tuscaloosa, AL, $654.00, April 8 – 10, 2015 to attend Revenue Officers Training Institute.

Eric Shepherd, Court Monitoring Specialist, Municipal Court, Montgomery, AL, $740.79, April 6 – 10, 2015 to attend 2015 Court Referral Officer Program Certification

Alisha Sledge, Water Pollution Control Technician, Planning, Engineering & Permits, Montgomery, AL, $537.84, April 8 – 10, 2015 to attend Alabama Department of Transportation Certified Municipal Separate Storm Sewer System Specialist Course & Exam

Gregory Stanley, Revenue Examiner, Finance Department, Tuscaloosa, AL, $639.00, April 8 – 10, 2015 to attend Revenue Officers Training Institute.

Makeshia Stewart, Court Monitoring Specialist, Municipal Court, Montgomery, AL, $616.36, April 6 – 10, 2015 to attend 2015 Court Referral Officer Program Certification Clarence Threatt, III, Revenue Examiner, Finance Department, Tuscaloosa, AL, $636.70, April 8 – 10, 2015 to attend Revenue Officers Training Institute.

Paul Ward, Solid Waste Administrator, Public Works, Gulf Shores, AL, $931.42, April 15 – 17, 2015 to attend Solid Waste Association of North American Certification Training

Christopher Weeks, Landfill Supervisor, Public Works, Gulf Shores, AL, $760.42, April 15 – 17, 2015 to attend Solid Waste Association of North American Certification Training

RESOLUTION NO. 439-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ accounts of the following be and the same is hereby approved for payment:

J. Thomas Barnett, Jr., Finance Director, Finance Department, Prattville, AL, $502.94, March 26 - 28, 2015 to attend the City Council Retreat

Thomas Bentley III, Deputy City Attorney, Law Department, Prattville, AL, $502.94, March 26 - 28, 2015 to attend the City Council Retreat

Tracy L. Roberts, Senior Attorney, Law Department, Prattville, AL, $502.94, March 26 – 28, 2015 to attend the City Council Retreat

Ralph D. Cook, City Attorney, Law Department, Prattville, AL, $502.94, March 26 - 28, 2015 to attend the City Council Retreat

MARCH 24 2015 28

RESOLUTION NO. 440-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ accounts of the following be and the same is hereby approved for payment:

Lee Frazier, City Clerk, Office of the City Clerk, Hartford, CT, $3,128.25, May 16 – 21, 2015 to attend the 69th Annual International Institute of Municipal Clerks Conference

Brigitte George, Records Manager, Office of the City Clerk, Hartford, CT, $1566.60, May 16 – 20, 2015 to attend the 69th Annual International Institute of Municipal Clerks Conference

The resolutions and ordinances introduced as consent agenda matters were read by the City Clerk, all public hearings having been announced, and unanimous consent having been previously granted, Councilmember Parker moved their adoption which motion was seconded by Councilmember Roberson, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolutions and ordinances adopted.

The following resolution was introduced by Councilmember Austin:

RESOLUTION NO. 441-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘EXPENSE’ accounts of the following be and the same is hereby approved for payment:

Cheryl Kidd, Council Administrator, City Council, Montgomery, AL, $488.30, February 11 – 13, 2015 to attend Alabama City/County Management Association 2015 Winter Conference.

Don Lupo, Director-MOCA, Mayor’s Office, New York, NY, $2,115.74, January 27 - 29, 2015 to attend United Nations Meeting w/Columbia School of Law – Institute of Human Rights.

William Parker, Councilor, City Council, New York, NY, $1,614.24, January 14 - 15, 2015 to attend Foundation Partners/Clinton Global Initiative Meeting.

William Parker, Councilor, City Council, Atlanta, GA, $714.13, February 4 – 6, 2015 to attend Environmental Protection Act Meeting

MARCH 24 2015 29

William Parker, Councilor, City Council, Atlanta, GA, $534.03, February 12 – 13, 2015 to attend Environmental Protection Act Meeting

Brittany Sharp, Director of Public Information, City Council, Atlanta, GA, $455.79, January 20 – 23, 2015 to attend District 4 Environmental Protection Act Federal Inter-Agency Meeting

Sheila Tyson, Councilor, City Council, Hollywood, FL, $909.92, February 25 – March 1, 2015 to attend Black Women’s Roundtable Strategic Planning Retreat.

The resolution was read by the City Clerk, whereupon Councilmember Austin moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Hoyt, Lundy, Parker, Rafferty, Roberson, Tyson, Austin Nays: Abbott

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

The following resolution was introduced by Councilmember Austin:

RESOLUTION NO. 442-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ expense accounts of the following be and the same is hereby approved for payment:

Johnathan Austin, Council President, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Melissa Crabtree, Public Information Officer, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Jacqueline French, Committee Assistant, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Kamilah Gray, Committee Assistant, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Izola Hall, Committee Assistant, City Council, Prattville, AL, $173.10, March 26 - 27, 2015 to attend City Council Retreat.

MARCH 24 2015 30

Connie Horn, Records Management, City Council, Prattville, AL, $173.10, March 26 - 27, 2015 to attend City Council Retreat.

Steven Hoyt, Councilor, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Courtney Hunter, Committee Assistant, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Kimberly Jenkins, Committee Assistant, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Cheryl Kidd, Council Administrator, City Council, Prattville, AL, $122.36, March 26 - 28, 2015 to attend City Council Retreat.

Melva Langford, Committee Assistant, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Marcus Lundy, Councilor, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Chaz Mitchell, Deputy Administrator, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Chiara Morrow, Assistant Public Information Officer, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

William Parker, Councilor, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Jose Perry, Committee Assistant, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Kimberly Rafferty, Councilor, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Kimberly Rafferty, Councilor, City Council, Montgomery, AL, $730.28, April 7 – 9, 2015 to attend the Alabama League of Municipalities Municipal Legislative Advocacy & Alabama Transit Symposium

James Roberson, Councilor, City Council, Prattville, AL, $173.10, March 26 - 27, 2015 to attend City Council Retreat.

MARCH 24 2015 31

Lashunda Scales, Councilor, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Christopher Scott, Committee Assistant, City Council, Prattville, AL, $173.10, March 26 - 27, 2015 to attend City Council Retreat.

Brittany Sharp, Director of Public Information, City Council, Prattville, AL, $219.10, March 26 - 28, 2015 to attend City Council Retreat.

Sheila Tyson, Councilor, City Council, Arlington, VA, $748.53, March 25 - 29, 2015 to attend 4th Annual Black Women’s Roundtable Women of Power National Summit

The resolution was read by the City Clerk, whereupon Councilmember Austin moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Hoyt, Lundy, Parker, Rafferty, Roberson, Tyson, Austin Nays: Abbott

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

The following resolution was introduced by Councilmember Austin:

RESOLUTION NO. 443-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ accounts of the following be and the same is hereby approved for payment:

Brendolyn High, Administrative Assistant to the Mayor, Mayor’s Office, Tampa, FL, $2,075.16, April 23 – 26, 2015 to attend National Forum for Black Public Administrators Leadership Forum 2015

Jarvis Patton, Chief of Staff, Mayor’s Office, Prattville, AL, $106.72, March 26 – 28, 2015 to attend the City Council Retreat

The resolution was read by the City Clerk, whereupon Councilmember Austin moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Hoyt, Lundy, Parker, Rafferty, Roberson, Tyson, Austin Nays: Abbott

MARCH 24 2015 32

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

Councilmember Tyson absented herself.

The following resolution was introduced by Councilmember Austin:

RESOLUTION NO. 444-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ accounts of the following be and the same is hereby approved for payment:

Tanika R. Harrell, Administrative Assistant, Mayor’s Office, Hartford, CT, $1,566.60, May 16 – 20, 2015 to attend the 69th Annual International Institute of Municipal Clerks Conference

Brian Wallace, Public Information Officer, City Council, Prattville, AL, $142.75, March 26 – 27, 2015 to attend the City Council Retreat

Kimberly Weldon, Administrative Assistant, Mayor’s Office, Hartford, CT, $1,566.60, May 16 – 20, 2015 to attend the 69th Annual International Institute of Municipal Clerks Conference

The resolution was read by the City Clerk, whereupon Councilmember Austin moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Hoyt, Lundy, Parker, Rafferty, Roberson, Austin Nays: Abbott

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

Councilmember Tyson returned and took her seat as a Councilmember.

The following ordinance was introduced by Councilmember Abbott:

ORDINANCE NO. 15-38 AN ORDINANCE TO FURTHER AMEND THE CAPITAL FUND BUDGET

BE IT ORDAINED by the Council of the City of Birmingham that the budget for the MARCH 24 2015 33

Capital Fund Budget for the fiscal year ending June 30, 2015, be and the same is hereby amended as follows: Amount Title of Appropriation Increase/Decrease Fund 102 Capital Improvement Fund Appropriation PEP102CP 003690 Oxmoor Valley School Access Improvements $ (140,553.98) PEP102CP 003785 Shuttlesworth Vehicular/Pedestrian Bridge (ALDOT) (1,100,000.00) PEP102CP 060009 Intermodal Facility 1,240,553.98 $ - Fund 105 Birmingham Fund Revenue Funds Available $ 1,010,130.06 Appropriation PEP105CP 060009 Intermodal Facility $ 1,010,130.06

Fund 131 Economic Development Warrants PEP131CP 060009 Cotton Avenue Street Realignment $ (1,100,000.00) PEP131CP 003718 Intermodal Facility 1,100,000.00 $ -

Fund 135 2013-A Bonds (Public Facilities) PEP135CP 003798 Crossplex/Harris Arena $ (849,315.96) PEP135CP 003800 Crossplex Warm-up Pool (800,000.00) PEP135CP 060009 Intermodal Facility 1,649,315.96 $ -

Recommendation by the Mayor:

I recommend the above appropriation in the amount of $5,000,000.00.

Respectfully, William A. Bell. Sr. /s/ William A. Bell, Sr. Mayor Certification of the Director of Finance:

I hereby certify that there is available in the Capital Fund Budget of the City of Birmingham $5,000,000.00 unencumbered and unappropriated, sufficient to meet the additional appropriation of $5,000,000.00 provided for in the proposed ordinance.

Respectfully, J. Thomas Barnett, Jr. /s/ MARCH 24 2015 34

J. Thomas Barnett, Jr. Director of Finance

The ordinance was read by the City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Abbott, Lundy, Parker, Rafferty, Roberson Austin Nays: Hoyt, Tyson

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance adopted.

Mayor Bell, announced that the Flood Map Revisions for Shades Creek have been completed. Denise Bell, Flood Plan Director, spoke on the plan which has removed over 100 homes from the flood plan.

Councilmember Rafferty absented herself.

Mayor Bell announced that during Spring Break, March 30-April 3, 2015, there will be free admission for students to Vulcan Park and Museum, the Birmingham Zoo and McWane Foundation.

Councilmember Parker absented himself.

Mayor Bell presented a proclamation to Bacarra Mauldin, declaring March 24, 2015 as "Arbor Day" in Birmingham.

Ms. Mauldin announced that as part of Arbor Day, there will be a seedling giveaway today beginning at 11:00 a.m. in Linn Park.

Councilmember Roberson made a motion to suspend the rules to allow for presentations, which motion was seconded by Councilmember Lundy and adopted.

Councilmember Rafferty returned and took her seat as a Councilmember.

MARCH 24 2015 35

Councilmember Parker returned and took his seat as a Councilmember.

Council President Pro Tempore Roberson recognized Coach Emanuel Bell and the Wenonah High Girls' Lady Dragons who won back to back Class 5A Basketball Championships.

The following resolution was introduced by Councilmember Roberson:

RESOLUTION NO. 445-15

WHEREAS, excellence and success in competitive sports is achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning. Athletic competition enhances the moral and physical development of the young people of this great City. It prepares them for the future by instilling in them the value of teamwork and developing a sense of fair play and competition; and

WHEREAS, on Saturday, February 28th, 2015 at the Legacy Arena in the Birmingham- Jefferson Convention Complex the Wenonah High School Lady Dragons Basketball Team earned a 49-29 victory over Brewbaker Tech, and captured the Class 5A Girls State Basketball Championship. The athletic talent displayed by the team is due in great part to the efforts of Head Coach Emanuel Bell and Assistant Coaches Byron Allen, Kenneth Lang, and Tamika Dennis; and

WHEREAS, this year’s Class 5A State Championship elevated the Lady Dragons to an overall season record of 32-3. Their outstanding historic record includes championships in 1949, 1986, 1990, 1993, 2004, 2014 and 2015. The 2015 back-to-back title is Coach Bell’s third state championship; the first two coming in 2004 and 2014; and

WHEREAS, athletically and academically, team members Kaiyleia Peeples, Jayla Morrow, Kourtnie Smith, Barbara Garrett, Dastani Davidson, Faith Reynolds, Alexus Dye, Tywanna English, Trinity Thrasher, Kaitlyn Rodgers, Khlia Stanley, Keyaira Browdus, and Naomi Thomas, have proven themselves to be an unbeatable combination of talent that reflect favorably on their school and community. Special thanks to Principal Regina Carr-Hope, Assistant Principal Vanessa Byrd and the faculty and staff at Wenonah High School for their unwavering support throughout the 2014-2015 basketball season; and

WHEREAS, Coach Bell and the Wenonah High School Girls 5A State Champions’ outstanding athletes have clearly made a positive contribution to the spirit of excellence, which is a tradition of their school. Skilled and inspirational mentors, such as trainer Alecia Johnson, videographer Ebony Wilson, and Team Mom Patricia High-Brown, also played a vital role in the success of the Lady Dragons this season; and

WHEREAS, the hallmark of the Wenonah High School Girls Varsity Basketball Team, from the opening game of the season to ending as champions, is a sisterhood of athletic ability of good sportsmanship, honor and scholarship that demonstrate these team players are the best. MARCH 24 2015 36

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Birmingham, with Mayor William A. Bell, Sr. concurring, hereby salute and congratulate the Wenonah High School Girls 5A State Basketball Champions, on their outstanding season and overall team record.

ADOPTED, this Twenty-Fourth Day of March, Two Thousand Fifteen at the recommendation of Council President Pro Tempore James “Jay” Roberson, Jr.

The resolution was read by the City Clerk, whereupon Councilmember Roberson made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Lundy, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Roberson- made a motion that said resolution be adopted, which motion was seconded by Councilmember Rafferty, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

Councilmember Scales arrived and assumed her seat as a Councilmember.

President Pro Tempore Roberson recognized the Homewood High School Lady Patriots for winning the Class 6A Girls' State Championship.

Councilmember Tyson absented herself.

Councilmember Scales absented herself.

MARCH 24 2015 37

The following resolution was introduced by Councilmember Robeson:

RESOLUTION NO. 446-15

WHEREAS, excellence and success in competitive sports is achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning. Athletic competition enhances the moral and physical development of the young people of this great City. It prepares them for the future by instilling in them the value of teamwork and developing a sense of fair play and competition; and

WHEREAS, on Saturday, February 28, 2015 at the Legacy Arena in the Birmingham- Jefferson Convention Complex, the Homewood Lady Patriots earned a 69-60 victory over Blount High School and captured the Class 6A Girls State Basketball Championship. The athletic talent displayed by the team is due in great part to the efforts of District 7 resident and Head Coach JoVanka J. Ward and Assistant Coaches Lucius Hardy, Kevin Tubbs, Alison McCaleb and Mark McCaleb; and

WHEREAS, the Lady Patriots completed their championship season with a record of 30-4. The 2014-15 Lady Patriots made history on many levels. This is the first girls’ basketball team in the school’s history to be ranked number 1 by the Alabama Sports Writers Association. The Lady Patriots are the first girls basketball team in the school’s history to make it to the state finals and the first basketball team, boys or girls, at Homewood High to win a basketball state title; and

WHEREAS, athletically and academically, team members Hannah Barber, Maya Cook, Kassidy Crawford, Kalia Cunningham, Jasmine Griffin, Shelby Hardy, Yamiah Hill, Sakeria Hollis, Kayla Mikula, Lia Roberson, Alexandria Studdard, Jaylon Underwood, Ajah Wayne, Tori Webb, and team manager, Aliyah McCary, have proven themselves to be an unbeatable combination of talent that reflects favorably on their school and community; and

WHEREAS, special thanks to Principal Dr. Zack Barnes, and the faculty and staff at Homewood High School for their unwavering support throughout the 2014-2015 basketball season. Coach Ward and the Homewood High School Girls 6A State Champions’ outstanding athletes have clearly made a positive contribution to the spirit of excellence, which is a tradition of their school; and

WHEREAS, the hallmark of the Homewood High School Girls Varsity Basketball Team, from the opening game of the season to ending as champions, is a sisterhood of athletic ability of good sportsmanship, honor and scholarship that demonstrate these team players are the best.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Birmingham, with Mayor William A. Bell, Sr. concurring, hereby salute and congratulate the Homewood High School Girls 6A State Basketball Champions, on their outstanding season and overall team record.

MARCH 24 2015 38

ADOPTED, this Twenty-Fourth Day of March, Two Thousand Fifteen at the recommendation of Council President Pro Tempore James “Jay” Roberson, Jr.

The resolution was read by the City Clerk, whereupon Councilmember Roberson made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Roberson- made a motion that said resolution be adopted, which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

Councilmember Parker absented himself.

Councilmember Roberson absented himself.

Councilor Rafferty recognized the W.J. Christian Middle School Girls' Basketball Team who won their basketball championship.

Councilmember Scales returned and took her seat as a Councilmember.

Councilmember Tyson returned and took her seat as a Councilmember.

The following resolution was introduced by Councilmember Scales:

MARCH 24 2015 39

RESOLUTION NO. 447-15

WHEREAS, excellence and success in competitive sports is achieved only through strenuous practice, team play and team spirit, nurtured by dedicated coaching and strategic planning. Athletic competition enhances the moral and physical development of young people of this great City. It prepares them for the future by instilling in them the value of teamwork, and developing a sense of fair play and competition; and

WHEREAS, on Saturday, January 31, 2015 the W. J. Christian School Lady Chargers Basketball Team earned a 33-29 victory, and captured the Middle School Girls Championship at Washington Middle School. The athletic talent displayed by the team is due in great part to the efforts of Head Coach Carol Rhoden and Assistant Coaches Cory Thomas and Latanya Grissom; and

WHEREAS, John Herbert Phillips Academy was defeated by a score of 33-29, in the Middle School Girls City Championship, which elevated the Lady Chargers to an overall season record of 24-2; and

WHEREAS, athletically and academically, team members Andria Stitt, Jaylyn Sherrod, Joi Rodgers, Elisa Sffold, Zoe Cooper, Erica Lockhart, Madison Clay, Aniyah Smith, Sydney Bolton and Maya Phelps, have proven themselves to be an unbeatable combination of talent, reflecting favorably on their school and community; and

WHEREAS, special thanks to Principal Dr. Nichole Williams, Assistant Principal Donia Nelson, along with team managers, Mekayla Lumpkin, Londyn Yates, Tiana Shelton, Michelle Jones, Lauryn Green, and the faculty and staff at W. J. Christian Middle School for their unwavering support throughout the 2014-2015 basketball season. Coach Rhoden and the W. J. Christian Lady Chargers have clearly made a positive contribution to the spirit of excellence, which is a tradition of their school; and

WHEREAS, the hallmarks of the W. J. Christian Middle School Girls Basketball Team from the opening game of the season to ending as champions, is a sisterhood of athletic ability, good sportsmanship, honor and scholarship, demonstrating these team players are the best.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Birmingham, with Mayor William A. Bell, Sr. concurring, hereby salute and congratulate W. J. Christian Middle School Lady Chargers for winning the Middle School Girls City Championship and for their outstanding season and overall team record.

ADOPTED, this Twenty-Fourth Day of March, Two Thousand Fifteen at the recommendation of Councilor Kimberly Rafferty.

The resolution was read by the City Clerk, whereupon Councilmember Rafferty made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by MARCH 24 2015 40

Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Rafferty, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Rafferty made a motion that said resolution be adopted, which motion was seconded by Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Rafferty, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

Councilmember Roberson returned and took his seat as a Councilmember.

Councilmember Parker returned and took his seat as a Councilmember.

The following resolution was introduced by Councilmember Abbott:

RESOLUTION NO. 448-15

BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by R&M Store Corporation to the City of Birmingham, Alabama, February 13, 2015 for an Off Premise Retail Beer and Table Wine License to be used at R&M Store, 1403-C 3rd Street North, Birmingham, be and the same is hereby approved and recommended for grant by the Alabama Alcoholic Beverage Control Board.

The resolution was read by the City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted. MARCH 24 2015 41

The following resolution was introduced by Councilmember Abbott:

RESOLUTION NO. 449-15

WHEREAS, an application to the Council of the City of Birmingham, Alabama, for a Junk Dealer’s License has been filed with the City Clerk by Frank H. Rather to be used at Rather Recycling LLC, 323 Finley Boulevard West, Birmingham, AL 35204, in accordance with Title 12, Chapter 11, General Code of the City of Birmingham 1980; and

WHEREAS, said application has been recommended for approval by the Chief of Police and the Fire and Rescue Chief; and

WHEREAS, said application received a conditional recommendation by the Director of Planning, Engineering, and Permits, and; and

WHEREAS, said application received no recommendation by the Health Officer; and

WHEREAS, the Council has heard all persons who desired to be heard on the issue relevant to the approval or disapproval of the application for said license; now therefore,

BE IT RESOLVED by the Council of the City of Birmingham that the Junk Dealer’s License application of Frank H. Rather to be used at Rather Recycling LLC, 323 Finley Boulevard West, Birmingham, AL 35204, be and hereby is DENIED.

The resolution was read by the City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Rafferty, and upon the roll being called the vote was as follows:

Ayes: None Nays: Hoyt, Lundy, Parker, Roberson, Scales, Tyson, Austin Abstained: Abbott, Rafferty

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution was NOT adopted.

Councilmember Rafferty absented herself.

The following ordinance was introduced by Councilmember Roberson:

ORDINANCE NO. 15-39

AN ORDINANCE TO AMEND AND REPLACE ORDINANCE NUMBER 15-37 DUE TO A MARCH 24 2015 42

CLERICAL ERROR IN SECTION 3 OF THE ORDINANCE AND TO ADOPT A NEW ORDINANCE TO ESTABLISH A TAX TRIBUNAL AND ITS ADMINISTRATOR, A HEARING OFFICER, TO HEAR CITY OF BIRMINGHAM TAX APPEALS AND RESOLVE DISPUTES BETWEEN TAXPAYERS AND THE CITY OF BIRMINGHAM, AS AUTHORIZED BY ALABAMA CODE OF ALABAMA, 1975, TITLE 40, CHAPTER 2B.

WHEREAS, the Code of Alabama, 1975, Title 40, Chapter 2B, et. seq., (also known as the “Taxpayer Fairness Act”) establishes an independent “Alabama Tax Tribunal” within the executive branch of government to resolve disputes between Alabama municipalities and taxpayers and provide taxpayers with a means of resolving controversies that insures both the appearance and the reality of due process and fundamental fairness; and

WHEREAS, the Code of Alabama, Title 40, Chapter 2B authorizes self-administered municipalities, such as the City of Birmingham, to elect-out of the jurisdiction of the Alabama Tax Tribunal by ordinance adopted by the governing body of the self-administered municipality; and,

WHEREAS, on September 12, 2014, the City Council of the City of Birmingham elected-out and divested the Alabama Tax Tribunal of jurisdiction over its appeals of sales, use rental or lodging tax assessments levied or collected from time to time by or on behalf of the City of Birmingham; denied refunds in whole or in part; and jeopardy assessments; and,

WHEREAS, as required by the Code of Alabama, Title 40, Chapter 2B, the Council desires to establish a Tax Tribunal to serve as a separate and independent authority from the Director of Finance and the City of Birmingham Finance Department to hear appeals of certain actions of the Department of Finance; and,

WHEREAS, the City of Birmingham’s Tax Tribunal shall be administered by a Hearing Officer who is authorized to take any action that is necessary to enable the City of Birmingham Tax Tribunal to properly exercise the duties, functions, and powers given the City of Birmingham Tax Tribunal under this Ordinance; and,

WHEREAS, the City of Birmingham Tax Tribunal shall consist of at least one independently contracted Hearing Officer to be the sole, exclusive, and final authority for certain final assessments, make determination of questions of law and fact arising under the tax laws of this State and City, and provide taxpayers with a means of resolving controversies between the City of Birmingham and taxpayers through an appeals process that shall function in a manner similar to the procedures prescribed for appeals to the Alabama Tax Tribunal by the Code of Alabama, Title 40, Chapter 2B; and,

WHEREAS, the City of Birmingham Tax Tribunal Hearing Officer shall maintain an official docket and other records as deemed necessary by the City of Birmingham Tax Tribunal; and,

WHEREAS, on March 17, 2015, the Council of the City of Birmingham adopted Ordinance No. 15-37 to establish a tax tribunal under the authority of the Code of Alabama, Title 40, Chapter 2B; and MARCH 24 2015 43

WHEREAS, Section 3 of Ordinance No. 15-37, stating the ordinance would “be effective when published by the Alabama Tax Tribunal pursuant to the Code of Alabama 1975, §40-2B-1”, was in error; and,

WHEREAS, the Council desires to correct the language in Section 3 to state that the ordinance shall be effective when published as required by law by repealing Ordinance No. 15-37 and replacing it in full.

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

SECTION 1. The City of Birmingham Tax Tribunal is hereby established. The Tax Tribunal shall hear all appeals of final assessments or denied refunds in whole or in part, of any sales, use, rental, or lodgings taxes levied or collected from time to time by the City of Birmingham. A taxpayer may appeal a final assessment or denied refund involving any such tax to the Tax Tribunal. The Tax Tribunal shall be administered by an independent Hearing Officer appointed by the City Council and its procedures shall function in a manner similar to the procedures prescribed for appeals to the Alabama Tax Tribunal, as established by the Code of Alabama, Title 40, Chapter 2B. The Hearing Officer is authorized to take any action that is necessary to enable the City of Birmingham Tax Tribunal to properly exercise the duties, functions, and powers given the City of Birmingham Tax Tribunal.

SECTION 2. The provisions of this ordinance are severable. If any provision, section, paragraph, sentence, or thereof, or the part application thereof to any person, shall be declared unconstitutional or invalid by a court of competent jurisdiction, such declaration shall not affect or impair the remainder of the ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence, and part thereof, separately and independently of each other.

SECTION 3. This ordinance shall be effective when published as required by law.

The ordinance was read by the City Clerk, whereupon Councilmember Roberson made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Parker, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Roberson made a motion that said resolution be adopted, which motion was seconded by Councilmember Parker, and upon the roll being called, the vote was as follows:

MARCH 24 2015 44

Ayes: Abbott, Hoyt, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

Councilmember Hoyt absented himself.

The following resolution was introduced by Councilmember Abbott:

RESOLUTION NO. 450-15

BE IT RESOLVED by the City Council of the City of Birmingham that payment to Enterprise Holdings for the rental of eight (8) sport utility vehicles for five (5) days in the amount of $4413.20 for the Human rights Conference and Cities for Service events March 6, 2015 be and the same is approved in accordance with section 3-1-7 of the Birmingham City Code..

03/17/15 Appropriated for in Fiscal Year 2014-2015 Budget 001.031.03700.531-025

The resolution was read by the City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Austin, and upon the roll being called the vote was as follows:

Ayes: Abbott, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

The following resolution was introduced by Councilmember Austin:

RESOLUTION NO. 451-15

BE IT RESOLVED by the Council of the City of Birmingham that the employee ‘ADVANCE’ accounts of the following be and the same is hereby approved for payment:

Shonae Eddins-Bennett, Chief Administrative Assistant, Parks & Recreation, Prattville, AL, $221.72, March 26 – 28, 2015 to attend the City Council Retreat MARCH 24 2015 45

Kevin W. Moore, Director, Parks & Recreation, Prattville, AL, $106.72, March 26 – 28, 2015 to attend the City Council Retreat

Stanley Robinson, Public Relations Coordinator, Parks & Recreation, Prattville, AL, $221.72, March 26 – 28, 2015 to attend the City Council Retreat

The resolution was read by the City Clerk, whereupon Councilmember Austin made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Austin made a motion that said resolution be adopted, which motion was seconded by Councilmember Roberson, and upon the roll being called, the vote was as follows:

Ayes: Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: Abbott

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

The following resolution was introduced by Councilmember Abbott:

A Resolution requesting the Mayor implement the Council’s recommendation to send a total of thirty (30) people to the NUSA Conference to be held May 20-23, 2015 in Houston, Texas and the proposed selection process.

The resolution read by the City Clerk, whereupon Councilmember Roberson made a motion to amend the resolution to: amend to change to up to 99 people can attend the NUSA Conference which motion was seconded by Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: Abbott, Austin

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to amend the resolution adopted. MARCH 24 2015 46

Whereupon Councilmember Roberson made a motion which motion was seconded by Councilmember Scales to adopt the resolution as amended as follows:

RESOLUTION NO. 452-15

WHEREAS, the Council has determined that the NUSA Conference is very important to the citizens of Birmingham and it further determined that it would recommend sending a total of up to 99 people, to include the NUSA Board members and candidates for the NUSA Board offices, to the NUSA Conference;

WHEREAS, such neighborhood representatives are to be selected by a majority vote of the citizens of the neighborhood. The neighborhood of that representative will then vote on the expenditure of the appropriate funds; and

WHEREAS, the dates of travel will be Wednesday May 20, 2015 through Saturday, May 23, 2015 with the attendees utilizing commercial airlines and lodging at the host hotel in Houston, Texas;

NOW, THEREFOREM BE IT RESOLVED that the City Council hereby requests that the Mayor implement the aforementioned recommendations.

and upon the roll being called, the vote was as follows:

Ayes: Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: Abbott, Austin

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted amended.

On behalf of Councilor Rafferty, Council President recognized Verna Gates , Executive Director of Fresh Air Family who spoke on the Prepared Not Scared Program which is in conjunction with Jefferson County Sheriff Mike Hale, which focuses on gun safety, weather safety, internet safety and other safety issues.

Council President Austin recognized Jon Poor of Secret Stages who thanked the City for its support of Secret Stages over the past years and to explain what Secret Stages is all about.

Councilmember Lundy absented himself.

MARCH 24 2015 47

Councilmember Austin made a motion to suspend the rules to allow for the speakers, which motion was seconded by Councilmember Roberson and adopted.

William Harden, Jr., 936 Dunridge Drive appeared relative to the process used in the selection of the Birmingham Water Works Board appointment, his attempt to participate in the board and agency process and alleging that the process not being followed by the Council. Mr. Harden asked that the vote be reconsidered and the Council's process be followed.

Bertha Nettles, 572 - 64th Place South appeared relative to expressing appreciation to Steven Fancher, Director and the employees of the Public Works Department, and asking that the lots in her neighborhood be cleaned.

Councilmember Scales absented herself.

Willie Jenkins, 1620 - 25th Avenue North appeared relative to supporting Art Grayson, President of the Acipco-Finley Neighborhood Association, announcing the upcoming performances of the Men of Praise, to wish his sister, Linda Jenkins a Happy Birthday on March 30, 2015.

Linda Ray of Gardendale, Alabama relative to inviting the Council and Mayor to a Day of Prayer on May 2, 2015 in Linn Park and requesting assistance from the City for her event.

Frank Matthew, 2272 Ludge Lane appeared relative to being disappointed in the White House and to ask why his appearance is not open to the public.

Councilmember Scales returned and took her seat as a Councilmember.

Councilmember Lundy returned and took his seat as a Councilmember.

Ronald Jackson, 4024 Felix Avenue appeared relative to thanking whoever was responsible for getting President Obama to Birmingham and to speak on the location of some housing projects that are in the environmental justice areas.

MARCH 24 2015 48

The following resolution was introduced by Councilmember Roberson:

RESOLUTION NO 453-15

WHEREAS, it is the custom of this Legislative Body, representing the citizens of the City of Birmingham to pay tribute to those singular individuals who devoted their purposeful lives to preserving the rights and protecting the welfare of the citizens of their community and whose valued contributions, and accomplishments will forever stand as a paradigm and inspiration for others. Mr. William H. “Bill” Edwards, III transitioned from Earth to Heaven on Saturday, March 21, 2015. The Council pauses in its deliberations to honor his life and legacy; and

WHEREAS, William Edwards was born June 26, 1945, the son of the late Myrtle Lee Tinsley, William Edwards, II in Birmingham, Alabama. He attended elementary school in Germany and public school in Birmingham. He was a graduate of A.H. Parker High School and Tuskegee University; and

WHEREAS, after graduation, he taught school for eighteen days before being drafted into the United States Army. He served as a military police officer from 1968 – 1970, while serving in Korea. Upon returning home, he applied to the United States Justice Department's Marshal Service. After working in justice for 24 years, he was nominated by President Clinton, after being recommended by Senators' Howell Heflin and Richard Shelby, for U.S. Marshal for the Northern District of Alabama. He was confirmed by the Senate in 1994. He remains the only Black to hold the position of U.S. Marshal in Alabama; and

WHEREAS, during his tenure, he also received a degree from the Birmingham School of Law. He retired in 2000. Quite active in civic and community affairs, his memberships and affiliations included, an active and faithful member of First Congregational Church, where he was involved in various phases of church life and he was a member of Alpha Phi Alpha Fraternity and served the Birmingham community to various service projects; and

WHEREAS, during his career and meritorious life of service on behalf of others, William was a man of action, of integrity, and of commitment, whose true compassion was generously shown to all who knew him. His exceptional contributions and leadership was of great consequence to the community he so cherished. In celebration of his life, we join his devoted wife of 43 years, Hedy, and his sons, Ryan and William IV, along with many other caring relatives and friends.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Birmingham with Mayor William A. Bell, Sr. concurring, does hereby pay tribute to the life of the Mr. William H. Edwards, III for his many years of exceptional service to this city and state. His legacy of servant leadership will long be remembered and will endure the passage of time, remaining as a comforting memory to all he served and befriended.

ADOPTED this Twenty-Fourth Day of March, Two Thousand Fifteen at the recommendation of Council President Pro Tempore, James “Jay” Roberson, Jr. MARCH 24 2015 49

The resolution was read by the City Clerk, whereupon Councilmember Roberson made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Roberson made a motion that said resolution be adopted, which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Hoyt, Lundy, Parker, Rafferty, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

The following resolution was introduced by Councilmember Austin:

RESOLUTION NO. 454-15

WHEREAS, it is the custom of this Legislative Body, representing the citizens of the City of Birmingham to pay tribute to those singular individuals who devoted their purposeful lives to preserving the rights and protecting the welfare of the citizens of their community and whose valued contributions, and accomplishments will forever stand as a paradigm and inspiration for others. Attorney Wyndall Anthony Ivey transitioned from Earth to Heaven on Wednesday, March 18, 2015. The Council pauses in its deliberations to honor his life and legacy; and

WHEREAS, Wyndall Ivey was born September 5, 1974, the son of Dianne Dix and Winford Tyson Ivey, Jr. in Tuskegee, Alabama. He confessed Christ as his Lord and Savior, and was baptized at an early age. In 1992, Wyndall graduated from Sidney Lanier High School. He later enrolled and graduated from the University of Alabama at Birmingham, Magna Cum Laude in 1996, with an undergraduate degree in Marketing. In 1999, Wyndall received his law degree from Washington & Lee University School of Law in Virginia and excelled academically at all levels; and

WHEREAS, after law school, Wyndall entered private practice with Capell and Howard Law Firm in Montgomery, Alabama. He rose to the rank of partner and served on the Montgomery County Bar Association’s Board of Directors. He was a shareholder in Maynard, Cooper & Gale’s Labor and Employment practice group. During his legal career, he served as an Administrative MARCH 24 2015 50

Law Judge and Temporary Probate Judge. He also served as Counsel to the Alabama House of Representatives Public Safety Committee. His primary practice consisted of specializing in employment disputes. He was a founding member of Ivey Law Group, representing both plaintiffs and defendants throughout Alabama. He received numerous awards and citations for his public service; and

WHEREAS, during his career and meritorious life of service on behalf of others, Wyndall was a man of action, of integrity, and of commitment, whose true compassion was generously given to all who knew him. His exceptional contributions as an attorney were of great consequence to the community he so cherished. In celebration of his life, we join his parents and siblings, along with many other caring relatives, colleagues and friends.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Birmingham with Mayor William A. Bell, Sr. concurring, does hereby pay tribute to the life of the Attorney Wyndall Anthony Ivey for his many years of exceptional service in the legal profession. His legacy of servant leadership will long be remembered and will endure the passage of time, remaining as a comforting memory to all he served and befriended.

ADOPTED this Twenty-Fourth Day of March, Two Thousand Fifteen at the recommendation of Council President Johnathan F. Austin.

The resolution was read by the City Clerk, whereupon Councilmember Austin made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Austin made a motion that said resolution be adopted, which motion was seconded by Councilmember Scales, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Lundy, Parker, Roberson, Scales, Tyson, Austin Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared said resolution adopted.

ALL OTHER MATTERS WENT OVER

Upon motion by the Presiding Officer, the Council adjourned at 1:54 o’clock p.m. MARCH 24 2015 51

Approved:

PRESIDENT OF THE COUNCIL

Printed Name

CITY CLERK

Printed Name

APPROVED AS TO FORM:

CITY ATTORNEY

Printed Name

NOTE: The following matters were withdrawn:

An Ordinance to amend the General Fund Budget by appropriating $1,010,130.06 to Non Departmental, Transfer to Fund 102 Capital Improvement Fund (Funding Source is Fund Balance); and amend the Capital Fund Budget for the fiscal year ending June 30, 2015, by transferring $140,553.98 from Oxmoor Valley School Access Improvements, $1,100,000.00 from Shuttlesworth Vehicular/Pedestrian Bridge (ALDOT Grant Match), $1,100,000.00 from Cotton Avenue Street Realignment, $849,315.96 from Crossplex/Harris Arena, $800,000.00 from Crossplex Warm-up Pool and appropriate $5,000,000.00 to Intermodal Facility.

A Resolution determining that the building or structure located at 1621 Central Avenue Dolomite, Birmingham, to be unsafe, a public nuisance, and directing that it be demolished.

Those properties declared by Resolution No. 255-15on February 17, 2015, to be noxious and dangerous, whereon said weeds have been abated:

1 23-02-2-03-23.000-RR; 9021 BEVERLY DR, LOT 13 BLK 4 BEL AIR

MARCH 24 2015 52

15 30-02-3-07-06.000-RR; 5424 13TH AVE, E 75 FT LOTS 3 & 4 MAP OF JOHN HILTON SUR

34 22-27-3-18-08.000-RR; 1113 5TH ST W, N 37 FT OF LOT 9 BLK 15 SPAULDING

93 29-30-2-38-05.000-RR; 4317 WILLARD AVE SW, LOT 6 BLK 3 J W WILKS SUR SEC 30-18-3 5/26BH

97 30-25-3-31-11.000-RR; 5416 SMITH AVE, LOT 1 BL 1 MOSS & TAYLOR ADD

99 29-06-1-27-04.000-RR; 1801 27TH ST, LOT 9 & W 3 FT LOT 8 BLK 55 ENSLEY HIGHLANDS

116 29-06-4-31-17.000-RR; 1516 WARRIOR RD, LOT 17 BLK 26 BHAM ENSLEY