AGENDA REGULAR MEETING OF THE COUNCIL CITY OF BIRMINGHAM, ALABAMA CITY COUNCIL CHAMBERS THIRD FLOOR CITY HALL. December 28, :30 A.M.

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1 AGENDA REGULAR MEETING OF THE COUNCIL CITY OF BIRMINGHAM, ALABAMA CITY COUNCIL CHAMBERS THIRD FLOOR CITY HALL December 28, :30 A.M. WEB SITE ADDRESS: INVOCATION: Reverend T. Eric Nathan, Pastor of Grant Chapel A.M.E. Church PLEDGE OF ALLEGIANCE: Councilmember Valerie Abbott ROLL CALL MINUTES NOT READY: November 23 December 21, 2010 COMMUNICATIONS FROM THE MAYOR CONSIDERATION OF CONSENT AGENDA All items designated as Consent are considered to be routine and non-controversial and will be approved by one motion. No separate discussion of these items will be permitted unless a Councilmember, the Mayor or Citizen interested in a public hearing so requests, if so, such item(s) will revert to its normal place on the Agenda Order of Business. All matters of permanent operation ( P ) will be read. All other matters will be announced by reading the Item Number only. All Public Hearings will be announced.

2 Agenda December 28, CONSIDERATION OF ORDINANCES AND RESOLUTIONS FOR FINAL PASSAGE INTRODUCTION AND FIRST READING OF ORDINANCES AND RESOLUTIONS ITEM 1. An Ordinance TO FURTHER AMEND THE GENERAL FUND BUDGET AND CAPITAL FUND BUDGET by transferring $65, from General Fund Non-Departmental Miscellaneous Revenue and appropriating $65, to Fund 102 Capital Improvement Fund Police Firing Range Restroom Renovations, said funding is from the sharing of civil process fees from Jefferson County. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 2. An Ordinance TO FURTHER AMEND THE FIREMEN S PENSION AND RELIEF FUND BUDGET AND THE VOLUNTARY RETIREMENT INCENTIVE PLAN FUND BUDGET by transferring $301, from Funds Available and appropriating $301, to Fund 002, Voluntary Retirement Incentive Plan Retirement Incentive Payments Pursuant to the approved plan. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 3. An Ordinance TO FURTHER AMEND THE GENERAL FUND BUDGET by transferring $121, from Fund 001 General Fund Revenue Revenue Business License and appropriating $121, to Non Departmental Annual Contributions Transit ClasTran. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 4. A Resolution authorizing the Mayor to execute a First Amendment to Development Agreement with Business Realty Investment Company, Inc., under which the Development Agreement between the City and Business Realty Investment Company, Inc. dated March 25, 2008, will be amended to provide that the City will make available additional funding in an amount not to exceed $340, for public streets, sidewalks, curbs, sanitary sewer, storm sewer and other related improvements, in connection with Business Realty Investment Company s development of Phase I of the Seven Springs subdivision, which will involve the construction of forty-seven (47) residences to be located on property situated south of the intersection of 24 th Street, SW, and Jefferson Avenue. (Submitted by the Mayor) (Recommended by the Acting Chief Assistant City Attorney)**

3 Agenda December 28, ITEM 5. Etheridge Brothers Barber and Beauty Shop is allowed to install one (1) sign on the exterior of the property located at rd Avenue North, Birmingham with the City right-of-way. (Submitted by the Mayor) (Recommended by the Public Improvements Committee and the Director of Planning, Engineering and Permits) ITEM 6. Fountain Heights Neighborhood Association is allowed to erect and install one (1) Neighborhood Entrance Sign located at 18 th Street North near 16 th Court North, Birmingham with the City right-of-way. (Submitted by the Mayor) (Recommended by the Public Improvements Committee and the Director of Planning, Engineering and Permits) ITEM 7. Ireland House, LLC is allowed to encroach upon the alley right of way with an existing fence located at 900/902/ nd Street South, Birmingham with the City right-of-way. (Submitted by the Mayor) (Recommended by the Public Improvements Committee and the Director of Planning, Engineering and Permits) ITEM 8. the University of Alabama Board of Trustee on behalf of the University of Alabama at Birmingham is allowed to install a communication conduit in the alley between 18 th Street South and 19 th Street South, Birmingham serving the Johnson House with the City right-of-way. (Submitted by the Mayor) (Recommended by the Public Improvements Committee and the Director of Planning, Engineering and Permits) ITEM 9. A Resolution approving the appointment of ADAAG Consulting Services, LLC, Miami, Florida, in an amount not to exceed $23,905.00, inclusive of any reimbursable expenses, to provide training and field workshop in the area of accessibility, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2011 Budget; GL Account: 060_ ; Project Code: PEP060CP ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and Permits)

4 Agenda December 28, ITEM 10. A Resolution approving the appointment of Bhate Environmental Associates, Inc., Birmingham, in an amount not to exceed $16,750.00, inclusive of any reimbursable expenses, to provide Asbestos and Hazardous Materials Testing Services related to the Ramsey McCormick Building Project, and authorizing the Mayor to execute the appointment letter. [Appropriated in the FY2011 Budget; GL Account: 128_ ; Project Code: PEP129CP ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and Permits) ITEM 11. A Resolution declaring those candidates in the December 21, 2010 Neighborhood Association Election for President, Vice President and Secretary of the North Pratt Neighborhood Association are hereby elected to their respective positions for a term of two (2) years beginning January 2011 until October 2013 or as otherwise noted in the Citizen s Participation Plan Guidelines, and authorizing the Community Resource Representatives to proceed with the installation process associated with the community election. (Submitted and Recommended by the Mayor)** ITEM 12. A Resolution amending Resolution No , adopted by the Council December 15, 2009, assenting to the vacation of acres of right-of-way between Coosa Street and Tallapoosa Street and between Village Creek and Vanderbilt Road, on behalf of the City of Birmingham owners, to correct the legal description for the vacation request, Case No. SUB (Submitted by Councillor Roberson, Chairman, Public Improvements Committee) (Recommended by the Subdivision Committee of the Birmingham Planning Commission and the Public Improvements Committee)** CONSENT ITEM 13. A Resolution accepting and approving the bid of Montgomery Environmental, Inc., Birmingham, for the purchase of asbestos abatement services as needed 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 Planning, Engineering and Permits Department, this being the lowest bid submitted. [Appropriated in the FY 2011 Budget; GL Account: 001_016_00200_ ] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and Permits) (Six Bids Submitted)

5 Agenda December 28, CONSENT ITEM 14. A Resolution authorizing the Director of Finance to make a refund in the amount of $48, (Submitted by the Mayor) (Recommended by the Director of Finance)** CONSENT ITEM 15. A Resolution approving the itemized expense accounts of city employees. (Submitted by the Mayor) (Recommended by the Director of Finance)** CONSENT ITEM 16. A Resolution approving the estimated expense accounts of city employees. (Submitted by the Mayor) (Recommended by the Director of Finance)** ITEM 17. A Resolution setting a public hearing February 1, 2011, to consider the adoption of a resolution assenting to the vacation of 0.11 acres of alley lying parallel to and between 2 nd Avenue South and 3 rd Avenue South and lying perpendicular to and between 33 rd Street South and 34 th Street South, on behalf of the Alabama Institute for Deaf and Blind, Wedge Properties LLC and Interstate Properties L.L.C., owner, so that the owner can eliminate building and fence encroachments, Case No. SUB (Submitted by Councillor Roberson, Chairman, Public Improvements Committee) (Recommended by Subdivision Committee of the Birmingham Planning Commission and the Public Improvements and Beautification Committee)** OLD AND NEW BUSINESS PRESENTATIONS REQUESTS FROM THE PUBLIC ADJOURNMENT