REGULAR MEETING OF THE COUNCIL OF THE CITY OF BIRMINGHAM June 11, 2013 at 9:30 A.M. _________________________________ The Council of the City of Birmingham met in the Council Chambers of the City Hall of Birmingham on June 11, 2013 at 9:30 a.m., in regular meeting. The meeting was opened with prayer by Reverend Roger Malone, Chaplain of the Birmingham Police Department. The Pledge of Allegiance was led by Council President Pro Tempore Steven Hoyt. Present on Roll Call: Council President Royal Councilmembers Abbott Austin Parker Rafferty Roberson Scales (Arrived as herein indicated) Absent Hoyt Mayor Bell stated that Mary Lee Evers was guess of honor at the Smith Robinson Museum Traveling Exhibit. Mayor Bell recognized 40 years of business at Ted Restaurant. Mayor Bell announced that the Man of House Mentoring Program which began in the 1980s’ in Washington D. C. will be in Birmingham along with Memphis to experience fellowship at the Birmingham Civil Rights Institute. Mayor Bell stated that Birmingham wall listed as one of the Top Ten Cities for 2013 great for employment and a great city to live. Councilmember Scales arrived and assumed her seat as a Councilmember. JUN 11 2013 2 Council President Royal made a motion to suspend the rules to allow for the speakers, which motion was seconded by Councilmember Rafferty and adopted. Steve Jackson 1704 1st Avenue North spoke in reference to Item 3. Earl Hilliard P. O. Box 11385 spoke in reference to Item 3. Joseph Daniels spoke in reference to an over grown property. Maralyn Mosley 1208 17th Street SW came to thanks the Mayor and Council for applying for a Choice Neighborhood Planning Grants. The rules were suspended to allow for presentations. Ms Joan Wright Executive Director of Childcare Resources presented Council President Royal and Council Abbott with a Commemorative Poster. Mr. E. Philemon Hill, President and General Manager; Legacy Sports Management International came to present a Summer Program for youth. Councilmember Roberson presented the men of Alpha, Alpha Fraternity Inc. who are up for under grad chapter of the year. Councilmember Roberson announced the on June 21st Alabama Sports Festival will be held at the BJCC. Council President Royal introduced Pat Ballard president of the Central City gave some brief information concerning ALDOTs’ rebuilding of I20 –I59. The following resolutions and ordinances designated as Consent Agenda items were introduced by the Presiding Officer: RESOLUTION NO. 1160-13 JUN 11 2013 3 BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by WOB 1 Acquisitions LLC Select One to the City of Birmingham, Alabama, dated May 9, 2013 for a Lounge Retail Liquor License to be used at World of Beer, 1005 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 from the date of this action. RESOLUTION NO. 1161-13 BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by Birmingham ES Leasing LLC to the City of Birmingham, Alabama, dated May 13, 2013, for a Special Retail Liquor License to be used at Embassy Suites, 2300 Woodcrest Place, Birmingham, be and the same is hereby approved and recommended for grant by the Alabama Alcoholic Beverage Control Board. RESOLUTION NO. 1162-13 BE IT RESOLVED by the Council of the City of Birmingham, that the application submitted by Yar-Tay Co to the City of Birmingham, Alabama, dated June 4, 2013, for a Special Events License 140 to be used at Magic City Music Fest, June 22, 2013 in Linn Park, Birmingham, be and the same is hereby approved and recommended for grant by the Alabama Alcoholic Beverage Control Board RESOLUTION NO. 1163-13 BE IT RESOLVED by the Council of the City of Birmingham, Alabama, that Ala- Three, LLC d/b/a Express Medical Transporters, Inc. (EMT), located at 1927 11th Avenue North, Bessemer, Alabama 35020, is hereby granted twenty-five (25) Certificates of Public Necessity (“CPNC’s”) to operate a non-emergency medical transport service upon the streets of the City of Birmingham. RESOLUTION NO. 1164-13 BE IT RESOLVED by the Council of the City of Birmingham, Alabama, that Birmingham Pedicab Co., LLC, located at 249 Lacey Avenue, Maylene, Alabama 35114, is hereby granted one (1) additional Certificate of Public Necessity (“CPNC”) to operate a shuttle service upon the streets of the City of Birmingham. JUN 11 2013 4 ORDINANCE NO. 13-89 WHEREAS, pursuant to Chapter 48 of Title 11 of the Code of Alabama (1975), the City of Birmingham (the “City”) is authorized to sell property to foreclose upon liens in favor of the City for unpaid municipal improvement assessments and to acquire such property at the sale; and WHEREAS, on or about May 7, 2012 the City acquired the property described below (the “Property”) at its sale of such Property upon the failure of the property owner to pay a municipal improvement assessment; and WHEREAS, the right to redeem the Property from such sale has expired; and WHEREAS, Section 3-1-4(c) of the General Code of the City of Birmingham of 1980, as amended, authorizes the Director of Finance to investigate the circumstances resulting in the conveyance of the Property to the City and to recommend to the City Council a purchase of the Property for a consideration not less than the amount of the original assessments, plus costs, fees and interest thereon at the rate of six percent (6%) per annum; and WHEREAS, Tomika Renee Steele has requested to purchase the City’s interest in the Property and the Director of Finance has investigated the circumstances resulting in the conveyance of the Property to the City and recommends that Tomika Renee Steele be allowed to purchase the Property for the amount of $3,647.74, which represents the total amount of the original assessments plus costs, fees and interest thereon at the rate of six percent (6%) per annum. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Birmingham that the Mayor be and hereby is authorized to execute, on behalf of the City of Birmingham, a Quit Claim Deed conveying the Property to the designated grantee upon payment of the amount of $3,647.74 to the City within ninety (90) days of City Council approval. NAME OF GRANTEE PROPERTY DESCRIPTION AMOUNT Tomika Renee Steele Survey: Thurman Nellie W $3,647.74 Block 0000 Lot 0005 MB 0051 Page 0078 as recorded in the Office of the Judge of Probate, Jefferson County; P.I.D. 22-13-1-025-013.000 City Account 6277 BE IT FURTHER ORDAINED that in the judgment of said Council the Property is not needed for public or municipal purposes. JUN 11 2013 5 RESOLUTION NO. 1165-13 WHEREAS, Everette Wess has been assisting the City with various legal matters involving professional services and special expertise; and WHEREAS, the City desires Everette Wess’s continued assistance with legal matters; and WHEREAS, the City finds Everette Wess’s continued assistance with legal matters to be in the best interest of the City based on their experience and the desirability and efficiency of maintaining continuity in legal representation; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Birmingham, that the Mayor, on behalf of the City, is authorized to execute an contract with the law firm of Everette Wess to provide legal services in an amount of Five Thousand Dollars ($5,000.00) not to exceed Fifteen Thousand Dollars ($15,000.00) for Budget Year 2012-2013 for a term ending June 30, 2013 in certain litigation and other legal matters on behalf of the City of Birmingham. RESOLUTION NO. 1166-13 BE IT RESOLVED by the Council of the City of Birmingham that the appointment of Madison Consulting Group, Madison, GA, in an amount not to exceed $7,000.00, to provide actuarial analysis of the City’s Self-Insured Workers’ Compensation Program, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City. Appropriated for in FY2012-2013 Budget G/L Account: 001_019_00001.527-014 RESOLUTION NO. 1167-13 BE IT RESOLVED by the Council of the City of Birmingham that the appointment of Pless Appraisal, Birmingham, AL, in an amount not to exceed $7,450.00, to provide valuation services for eight (8) parcels along 8th Avenue West and two (2) parcels along Arkadelphia Road, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City. Appropriated for in FY2012-2013 Budget G/L Account: 001_031_03710.527-014 JUN 11 2013 6 RESOLUTION NO. 1168-13 BE IT RESOLVED by the Council of the City of Birmingham that the appointment Volkert, Inc., Birmingham, AL, in an amount not to exceed $67,319.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for Lawson Field, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City. Appropriated for in FY2012-2013 Budget G/L Account: 129_375.652-001 Project Code: PEP129CP 003821 RESOLUTION NO. 1169-13 BE IT RESOLVED by the Council of the City of Birmingham that the appointment of Washington Appraisal Services, LLC, Birmingham, AL, in an amount not to exceed $4,300.00, to provide appraisal services for city owned properties, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City.