Birmingham City Council Meeting Highlights 10-20-09

During the Birmingham City Council meeting Tuesday, October 20, 2009, Council:

 

1. Delayed for two weeks nineteen (19) applications relative to Class II Bingo permits.

 

1. Due to the lack of unanimous consent regarding the matter of permanent operation of Bingo, Council did not amend Ordinance No. 09-78 adopted by the Council May 26, 2009, Title 12, Chapter 3.5 “Bingo”.  For this pause Council citied a looming court decision, requests for a gaming commission and other regulatory requests.  This matter will return to the agenda next week.  Council is expected to meet prior to the return of this item to the agenda.  The date of that meeting is to be announced.    

 

1. Interested in a specific item in the Council agenda?  Log on to http://bhamal.granicus.com/ViewPublisher.php?view_id=2 City Council meeting videos are arranged by date, with the most recent at the top of the list. Click video to watch the meeting with documents, or agenda / minutes to see just the documents. You can also search the archives by typing keywords.

 

Jacqueline Gray Miller

Birmingham City Council

Assistant Public Information Officer

205.254.2055 (office)

205.908.7392 (cell)

205.254.2603 (fax)

Jacqueline.gray@birminghamal.gov

Birmingham City Council Meeting 10-13-09 Recap

During the Birmingham City Council meeting, Tuesday, October 13, 2009, Council:

 

1. By unanimous vote, appointed James “Jay” E. Roberson, Jr., to serve the unexpired term of the late District 7 Councilor Miriam D. Witherspoon, Esq.  Witherspoon, professor, life-long member of Alpha Kappa Alpha Sorority, devoted daughter, and devout servant, whose passion was senior citizens and advocacy for the disabled, transitioned from this life April 21, 2009. (Agenda Item 31)      

 

1. Council delayed three (3) applications relative to Class II Bingo permits for one week.  Council will further discuss fashioning a comprehensive Bingo ordinance during the next Committee of the Whole meeting Thursday, October 15, 2009, in Conference Rooms D & E, at 2:00 p.m.

             (Agenda Items 11 – 13)

    

1. Referred to Committee of the Whole, October 15, 2009, an ordinance to further amend the general fund budget and capital budget by appropriating $5,000,000.00 to new starts housing program, general fund, $6,750,000.00 to street resurfacing – south, $1,749,280 to sidewalks, $241,650.00 to curbs/gutters and $158,980.00 to curbs/gutters – ADA from the TIF fund. (Agenda Item 19)

 

1. Referred to the Committee of the Whole, October 15, 2009, all items regarding the E-85 Ethanol Fuel Agreement with the Alabama Clean Fuel Coalition.  (Agenda Items 29, 30 & Addendum 64)  

 

1. Approved a resolution authorizing the Mayor to execute a Project Agreement with H&M Mechanical, Inc. under which the City will provide up to $300,000.00 in incentives to H&M Mechanical in connection with the relocation of its headquarters and fabrication operations to the City through a project which will involve H&M Mechanical’s acquisition of land and a building located at 2714 – 4th Avenue North, and the renovation of the building which will be used as its headquarters and fabrication facility, said project expecting to bring an estimated one hundred forty (140) jobs to the City at an estimated annual payroll of $6.5 million, and said City incentive to consist of an initial lump sum payment of $100,000.00 towards the purchase of the land and building, with an additional amount not to exceed $200,000.00 to be paid through annual installments over up to five (5) years from future occupational tax revenues generated from K&M Mechanical’s operations at the project site. (Agenda Item 16)

 

1. Birmingham City Councilor Steven W. Hoyt presents the 2^nd Annual Economic Development Summit, November 18 – 20^th, at the BJCC.  For more information contact the office of event coordinator Vaneatria McKinnon at 254.2363 or vaneatria.mckinnon@birminghamal.gov

 

1. Interested in a specific item in the Council agenda?  Log on to http://bhamal.granicus.com/ViewPublisher.php?view_id=2 City Council meeting videos are arranged by date, with the most recent at the top of the list. Click video to watch the meeting with documents, or agenda / minutes to see just the documents. You can also search the archives by typing keywords.

 

Jacqueline Gray Miller

Birmingham City Council

Assistant Public Information Officer

205.254.2055 (office)

September 22, 2009 Planning & Zoning Committee Meeting

The following rezoning cases, relative to District 3,  will be reviewed at the September 22, 2009 P&Z Committee Meeting to be held at 4pm in the 5^th Floor Conference Room:

3.         ZAC2009-00114……………….………..……………………………………………………………Forest Park

Application for a change in zone district boundaries from R-6, Multiple Dwelling District to B-1, Neighborhood Business District, filed by Brian Boehm, applicant, representing the owner, Silverton Associates, LLP., for property located at 3829 Clairmont Avenue, and situated in the NW¼ of Section 32, Township 17-S, Range 2-West. (35222, District 3)

Proposed Use:  Construct a mixed use building with lower level restaurant, retail/office space and upper level residential space

 

Long Range Land Use Plan:

The City’s Long Range Land Use Plan identifies the property for Medium-High Density Residential Use; therefore the proposed use commercial use is Not Consistent with the Plan and the proposed residential use is consistent with the Plan.

 

Staff’s  Recommendation to the ZAC:

Although the applicant’s request is not consistent with the intent of the Long Range Land Use Plan, the rezoning of the property will not be incompatible with uses and zoning immediately north and west of the subject property. While the proposed commercial uses will be at a lower grade than the existing adjacent single family dwelling, Staff is concerned about any potential adverse affects of the proposed development, and suggests some type of buffer to separate the incompatible uses. Nevertheless, it appears that the proposed development would further enhance this small commercial sector of Forest Park and will not create any more encroachment into the residential sector of the block than the existing commercial uses across Clairmont Avenue.   It is therefore the recommendation of Staff that the rezoning request is Recommended for approval.

 

ZAC Action:

At its regularly scheduled meeting on September 15, 2009, the Zoning Advisory Committee voted to Recommend approval of this case. 

 

Neighborhood Association:

The applicant met with the Forest Park Neighborhood Association at its regularly scheduled meeting on September 1, 2009 and the neighborhood voted 60-0 to Support the applicant’s request.

10-06-09 City Council Run-off Election Voting Locations

From an email sent to all District 3 Neighborhood Presidents:

Hello Everyone!

I have attached a .pdf file of all City voting locations that were approved by the Justice Dept. for use in the upcoming August 25^th general election and the October 6^th runoff election.  As you will see, there are only 6 located inside of District 3, but 5 others where District 3 residents can vote.  There are several polling sites where residents from as many as 3 different districts will converge.  Reportedly, these locations are the sites where residents voted in the presidential elections last year, so they will not be a complete surprise to anyone. 

Post cards with the assigned voting locations  will be sent to all registered voters by the City Clerk’s office within the next few weeks, so tell your people to be on the lookout for them, and let us know if you have any questions.  If we don’t have the answers right away, we’ll get them for you.  Thanks!

Valerie

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

Birmingham council rejects moratorium, but delays electronic bingo applications

 

Wednesday, August 05, 2009

JOSEPH D. BRYANT

News staff writer

The Birmingham City Council rejected a moratorium on electronic bingo applications Tuesday but still was in no hurry to open bingo halls in the city.

The council was split on the moratorium vote with three yes votes, three no votes and two abstentions. Voting for the delay were: Valerie Abbott, Carole Smitherman and Steven Hoyt. Voting against the delay were: Joel Montgomery, Johnathan Austin and Carol Duncan. Abstaining were Maxine Parker and Roderick Royal.

The moratorium was proposed by Abbott, who asked that the group not act on the electronic bingo ordinance it passed in June until the issue was settled by the state Supreme Court.

Councilman Joel Montgomery, who sponsored the ordinance, said the city’s regulation was legal. Delaying the permits would put Birmingham further behind other areas already taxing the games, he said. Montgomery said bingo operators are taking the legal risks.

“It is clear that people have invested money in these facilities. They can take the money, and they can fight the court battle,” he said.

After the moratorium was defeated, the council spent hours holding public hearings on 16 requests from nonprofits wanting to operate electronic bingo. Two applications were withdrawn and all the others were delayed for eight weeks.

“A two-month delay definitely is going to be a killer,” said John Hilliard, who represented United Black Fund of Alabama, a group he said helps the needy pay utility bills and offers other assistance. “A vote on a delay is a detriment to the next person who needs some help getting their utility bills paid. Your move really hurt a lot of people today.”

Wiley Day, representing the House of Joshua Christian Center, said it was unfair to force organizations to go through the process and commit thousands of dollars without a fair hearing. A lease was required to apply for a permit.

“You asked us to do that,” Day said. “Had not you asked us to do that, I would not have a signed lease today.”

However, Abbott said most of the leases have contingency clauses that let groups out if the application is not granted.

Council President Carole Smitherman said she would call a meeting to discuss problems members have with the bingo ordinance in an attempt to end the stalemate. Smitherman said she supports bingo, but the ordinance lacks restrictions to protect neighborhoods.

Mayor Larry Langford, who also supports bingo, had asked that the ordinance be amended to include more specific language and increase the minimum number of machines required from 500 to 1,000. He also wanted to seek a judge’s ruling on the legality of the machines.

The mayor’s special counsel, Julie Elmer, also submitted a memo listing her legal concerns.

The council already has rejected Langford’s proposals.

“This community has made it very clear that they want electronic bingo,” he said Tuesday evening. “I can assure you the community is fed up with all the indecision on the part of the council.”

Tuesday’s council meeting lasted nearly eight hours, ending at 5:40 p.m.

E-mail: jbryant@bhamnews.com

©2009 Birmingham© 2009 al.com

Some Birmingham City Council members want to delay vote on bingo applications

Posted by mperrin August 02, 2009 05:35AM

Three Birmingham city council members, including the council president, want to delay voting on bingo permits until the ordinance is clarified.

Birmingham Councilwoman Valerie Abbott plans to introduce a proposal calling for a moratorium on granting permits Tuesday – the same day that the council is scheduled to consider 17 applications, most from groups that want to operate electronic bingo halls. Abbott wants to wait until a court rules on the legality of bingo.

 

 Click here to download a PDF of this map.

The hearings set for Tuesday are the first on bingo applications since the council in June approved an ordinance legalizing the electronic, casino-style version of the games.

Abbott, who opposes gambling and voted against the bingo ordinance, said the city’s rules are sloppy and too open-ended. The only thing clear about the ordinance is that it is unclear, she said.

“The ordinance is so poorly written that it provides no oversight,” she said. “Just all of a sudden we’ll have gambling halls all over Birmingham.”

She said it’s premature to issue permits before court rulings are issued in similar cases.

“The more I thought about it, the less I thought we should be into the full-fledged bingo business until we know if it’s legal or not,” she said. Gov. Bob Riley contends electronic bingo machines are actually illegal slot machines and raided a Lowndes County bingo hall in White Hall this year in a effort to get the matter before the state Supreme Court. Attorney General Troy King has disagreed with Riley, saying bingo can legally be played electronically in some locations, depending on some constitutional amendments and local laws.

Council President Carole Smitherman and Councilor Steven Hoyt also say it is premature to consider bingo applications while legal issues remain unresolved.

“The bingo advocates have rushed the ordinance,” said Smitherman. “It has always been my position that we should wait until the state Supreme Court rules on the legality of this whole issue. Right now the whole industry is in a state of confusion because the court has not ruled.”

Smitherman said the city also needs guidelines to control where bingo halls are allowed. She and Abbott said they want assurances that residential areas will be buffered from bingo halls.

Smitherman said she was incensed after seeing a proposed location in the Heritage Towne Center in southwest Birmingham at the site of a former grocery store. Smitherman has advocated recruiting another store go at that location.

“We need a grocery store,” she said. “We don’t need a bingo hall.”

Hoyt said the city right now doesn’t “have a good enough document to safeguard the citizens and well as the city.”

The ordinance allows charity groups to operate electronic bingo at sites with at least 500 machines. Owners of the machines will to pay the city a fee of $100 per month per machine until January 2011, when the fee will jump to $2,000 per machine each year. Beginning in January, charities that run electronic bingo will pay 15 percent of their proceeds to the Birmingham Board of Education.

The ordinance defines proceeds as the money left over after machine rental, prizes, rent, utilities and other expenses are paid.

Ordinance problems
Abbott says the ordinance is full of holes.

For instance, the council is responsible for writing any rules needed to govern the games, but no action has been taken to do so. Abbott said rules are needed before permits are issued.

Also, there is no provision explaining how the 15 percent for education is transferred from the city over to the school board.

In Mississippi, electronic games are charged a 2.5 percent fee on the machines’ proceeds under state law. The fees are collected whether monthly or quarterly, depending on the size of the organization. Machine distributors and operators each also pay a $50 fee per machine per month, and they must pay one-time license fees. Manufacturers and distributors each pay a one-time fee of $2,500 per machine, while operators pay a one-time fee of $1,500 per machine.

In other words, one machine in Birmingham would, in 2011 and thereafter, generate $2,000 a year in basic fees, while a similar machine in Mississippi generates a one-time fee of $6,500 and annual fees of $1,200. The operation housing that machine would pay 15 percent of proceeds after expenses in Birmingham, and 2.5 percent in Mississippi.

Mayor Larry Langford, who favors bingo, has also criticized Birmingham’s ordinance. Last week he asked the council to amend the ordinance to increase the minimum number of machines required to open a hall. He said that would temper the proliferation of bingo into communities. The council rejected his request.

Langford has called it unfair to require groups to pay fees and taxes to the city for an activity that might be declared illegal.

“We ought to seek to get this one right. It doesn’t contain what I thought it should contain,” Langford said.

Jefferson County District Attorney Brandon Falls had asked the council to delay taking any action related to bingo until the legal question is settled in court. He later predicted that most of the electronic machines would be ruled illegal under state law.

While the bingo ordinances have not yet gone into effect, there are already bingo halls operating in the city. The VFW, among others, already operates a bingo hall in Roebuck, under a restraining order preventing Birmingham police from shutting them down.

News staff writer Kim Chandler contributed to this report.

Birmingham’s historic Donnelly House is in foreclosure

Posted by Dawn Kent — Birmingham News July 31, 2009 5:40 AM

Categories: Must See

The Birmingham News / Joe Songer

 

The historic Donnelly House at 2838 Highland Ave. South, a popular venue for weddings and other events, was foreclosed on earlier this month and is now for sale.

A landmark Birmingham venue for weddings and other social functions goes on the market today, with an asking price of $1.5 million.

The historic Donnelly House at 2838 Highland Ave. South was foreclosed on earlier this month. Its current owner, San Francisco-based Gateway Bank, is targeting investment buyers that will continue to operate the property as a site for parties and special events. 

There is an existing lease in place with Culinard, the culinary institute of Virginia College, which manages the property and handles catering for events.

“The intent is to keep them there to continue to do the wonderful job they’re doing,” said Mark Sussman, senior vice president for Gateway Bank. “That seems to be the highest and best use.”

Despite the foreclosure, it’s been business as usual at the Donnelly House, Sussman said. Brides and others who have booked the property for upcoming events should not be worried, he added.

“All bookings and, for the foreseeable future, future bookings, will be honored and fully enjoyed by all parties,” Sussman said.

The mortgage default was a behind-the-scenes matter that had nothing to do with business at the Donnelly House, he said, and Gateway Bank plans to build on the services offered there.

“We hope to be able to enhance what Culinard is doing,” Sussman said.

Ownership of the property has changed hands several times in recent years, said Jason Carnes of Re/Max Realty Brokers Inc., who is co-listing the property with Jonathan Hyatt. The most recent owner was Dennis Caroni Jr., who has a West Hollywood, Calif., address listed in mortgage documents filed in Jefferson County.

Attempts to reach Caroni were unsuccessful.

The 12,000-square-foot Donnelly House was built in 1905 and put on the National Register of Historic Places in 1977 as part of the Highland Avenue Historic District.

It was built to be the residence of industrialist and civic leader James W. Donnelly, who moved to Birmingham after retiring from the Procter & Gamble Co. in Cincinnati. During the 1950s, it also was home to the Birmingham Civic Ballet.

Culinard assumed management of the home and the adjacent gardens, which are not a part of this sale, in 2007.

The Georgian Colonial mansion features white marble floors, as well as a lighted ornamental pool and fountains. A 200-year-old beaded Austrian crystal chandelier imported from France greets visitors at the foyer.

“Our target buyer is really going to be investors, probably firms that specialize in buying these type of places,” Carnes said. “We’re focusing on a mass audience locally and nationally.”

Planning and Zoning Committee Meeting July 28, 2009

The following rezoning case, of interest to District 3,  will be reviewed at the July 28, 2009 P&Z Committee Meeting to be held at 4pm in the 5^th Floor Conference Room: 

1. ZAC2009-00067………………………………………………..………………..…Highland Park

Application for a change in zone district boundaries from “C”R-5, “Contingency” Multiple Dwelling District to “Q”B-2, “Qualified” General Business District, filed by Robert McKenna, applicant and owner, for property located at 2908 Highland Avenue South, and situated in the SE¼ of Section 31, Township 17-S, Range 2-West. (35205, District 3) *Continued from 6/23/09*

Proposed Use:  Use of Existing Clubhouse Structure as an Event Center and Catering Shop

 

Long Range Land Use Plan:

The City’s Long Range Land Use Plan for the property (adopted May 1990) identifies the property for Medium Density Residential Use; therefore the proposed use is Not Consistent with the Plan.  

Staff’s  Recommendation to the ZAC:

The proposed use is Not Consistent with the City’s Long Range Land Use Plan and appears to be inconsistent with the intent of the proposed Highland Park Neighborhood Plan (currently pending adoption); which identifies the property for FSD-1, Form Sub District 1 promoting limited urban residential uses and building types with the underlying zoning district remaining intact. It is therefore the Recommendation of Staff that the rezoning request is Not Recommended for approval. 

ZAC Action:

At its regularly scheduled meeting on June 16, 2009, the Zoning Advisory Committee voted to Recommend approval of this case as “Q”B-1, “Qualified” Neighborhood Business District with the following Q Conditions: 

1. Use of the property shall be limited to: 

                                                a. Uses permitted in the R-3, Single Family District;

b. An event facility for weddings, meetings, corporate events, and social gatherings;

                                                c. A catering shop.

1. The historic residential character of the structure shall be retained.

 

The Zoning Advisory Committee disagreed with Staff that the requested use of the property requires a B-2, General Business District Classification and asserts that a B-1, Neighborhood Business District is more appropriate for the proposed use and location; however Staff still contends that an event facility for weddings, social gatherings, and corporate events would be out of character with the intent of the B-1 District and the resulting implications of allowing such uses in a neighborhood business district would be inconsistent with previous rezoning cases and may adversely affect land use and zoning citywide for future requests for such uses. 

Neighborhood Association:

The applicant met with the Highland Neighborhood Association on June 9, 2009 and the neighborhood voted 28-6 to Not Support the applicant’s request. 

                        City Council Public Hearing Date:  August 4, 2009

Nomtae noise issue returned to Public Safety Committee

Tuesday, July 21, 2009

The Birmingham City Council has referred the Nomtae Entertainment Event Center, LLC, noise issue [agenda item # 11.] back to the Public Safety Committee.

The Nomtae referral back to PSC carries no time frame for resolution.

Therefore,  if District #3 citizens are disturbed by noise from Nomtae after July 21, 2009, please contact Councilor Abbott’s Office [phone: 205-254-2355,  valerie.abbott@birminghamal.gov], and if emailing,  copy Councilor Montgomery’s Office [email: joel.montgomery@birminghamal.gov]

The Nomtae noise issue will be on the July 29, 2009 Public Safety Committee agenda. The Committee meets at 2:00 PM in the Council Chambers.

This is a public meeting.

Admin, Budget & Finance Committee Meeting, July 20, 2009

ADMINISTRATION, BUDGET & FINANCE COMMITTEE MEETING

Monday, July 20, 2009 @ 2:00 p.m.

Birmingham City Hall, Third Floor

Council Conference Rooms D&E

Agenda

 

 

1.       Call to Order

 

1. Approval of the Minutes from June 1, 2009    

 

3.       Mayor’s Report

 

4.       Administrators Report

 

ADMINISTRATION:

 

5.       Lease agreement between the City of Birmingham and the Industrial Development Board of Birmingham

Requested by:   Attorney Jonathon Thornbury of Maynard Cooper and Gale, P.C. 

 

6.       Special Care Facilities Financing Authority of the City of Birmingham- Children’s Hospital

Requested by:  Attorney Sid McAnnally of Maynard Cooper and Gale, P.C. 

*It has been requested that this matter be advanced to Tuesday’s agenda 

 

7.       City Vision

          Requested by: Brent Boyd

 

8.       Funding request: Shaenyun Performing Arts Presentation 

Requested by: Dr .Xiaoxu Linn

 

9.       Presentation by Calvin Grigsby of Grigsby and Associates, Inc. 

 

BUDGET AND FINANCE:

 

10.     An Ordinance authorizing the Mayor to execute three Redevelopment Agreements with New Start Neighborhood Birmingham Revitalization, LLC (“New Start”), pursuant to which the City will convey certain City-owned properties to New Start and pay to New Start the sum of $25,000 for each unit of single family affordable housing which New Start constructs or renovates, which payments will not exceed a total of $5,000,000. The three Redevelopment Agreements are: (1) a Redevelopment Agreement pursuant to which the City will convey property located at 401 and 403 Goldwire Circle, SW, and at 348, 400 and 408 Goldwire Street, SW to New Start for $1.00, New Start will develop 27 new single family houses on such property for sale to persons of low and moderate income, and the City will pay New Start the sum of $25,000 for each house constructed on such property; (2) a Redevelopment Agreement pursuant to which the City will convey property located at 3400 33^rd Terrace, North, known as the “Old Carver High School” to New Start for $1.00, New Start will develop 65 single family houses on such property for sale to persons of low and moderate income, and the City will pay New Start the sum $25,000 for each house constructed on such property; and (3) a Master Redevelopment Agreement pursuant to which New Start will identify additional areas in the City of Birmingham which contain vacant or abandoned properties suitable for redevelopment through construction or renovation of single family dwellings for sale to persons of low and moderate income, the City will convey surplus City-owned properties in such areas to New Start and the City will pay New Start the sum of $25,000 for each residence constructed or renovated under the Master Redevelopment Agreement. 

Submitted by: Terry Burney     Dept.: Mayor’s Office   

Recommended Funding Source: FY10 Budget – allocation for street paving reduced by $5 MM/Various           Amount: $ 5,000,000.00

 

11.     BWWB Defeasance of the funding agreement

Submitted by: Terry Burney     Dept.: Mayor’s Office   

Recommended Funding Source: N/A           Amount: N/A

 

12.     An ordinance to amend the Corrections Fund budget for the fiscal year ending June 30, 2009, by appropriating $129,000.00 to Five Points West Library Renovations for the relocation of the two court rooms along with  20 staff members.

Submitted by: Terry Burney     Dept.: Mayor’s Office   

Recommended Funding Source: Fund 052 Corrections Fund      Amount: $129,900.00

 

13.     Museum of arts chiller and security system

Submitted by: Terry Burney     Dept.: Mayor’s Office   

Recommended Funding Source: Fund Balance           Amount: $1,000,000.00

 

14.     Coalburg Road Street improvement-street improvement and widening from Daniel Payne to Interstate 22(Corridor X)

Submitted by: Andre’ Bittas     Dept.: Mayor’s Office   

Recommended Funding Source: PEP102CP002827           Amount: $50,000.00

 

15.     City Council Community Projects:

 

Council President Carole C. Smitherman

West End Neighborhood Association                                                                    $1,000.00

 

Council President Pro Tem Valerie Abbott

Oak Ridge Park Neighborhood Association                                                             $157.75

Operation New Birmingham                                                                                  $1,000.00

 

Councilor Maxine H. Parker

Norwood Neighborhood Association (Community Development Account)         $1,500.00

 

Councilor Jonathan Austin

Phillips Academy                                                                                                   $1,855.20

16.     Old Business

 

17.     New Business

 

18.     Adjournment