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, Alabama, 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