The Tuscaloosa City Council met in emergency session this afternoon at 1:00.
They had already started when I got there at approximately 2 minutes after 1:00 and were hearing from Planning Director John McConnell who at that time was telling them that tornado-impacted buildings were going to be inspected and given a placard colored green (safe for occupancy), yellow (in need or repair) or red (unsafe – do not enter).
Mr. McConnell reported that the Alabama Historical Commission has visited each of the impacted historic districts as well as Forest Lake (which was on the verge of obtaining historic status at the time of the April 27 tornado). They determined that Forest Lake will NOT receive historic designation now and that other historic districts may be reduced.
Mr. McConnell had a bullet point list of items for the Council’s consideration:
- Mobile Homes: currently mobile homes are not permitted for residency in the city of Tuscaloosa. There have been requests coming in to place mobile homes on residential lots in the recovery zone pending rebuilding and also on lots outside of the recovery zone in order to house displaced people. There are also businesses which have requested permission to use job trailers to house their displaced businesses.
- Modular construction (i.e., Katrina cottages): this type of construction is not currently allowed in residential zones, but is allowed in business zones.
- Permit fees reduction/waiver requests. (Demolition as well as construction must be permitted.)
- Registration of contractors in recovery zone in order to get them licensed and to provide proof to citizens that they are not scammers.
- Moratorium on new construction: some in commercial areas want to hurry up and throw up undesirable buildings with which we would be stuck for the long-term. We don’t want the impacted commercial areas to become like that stretch of Northport out McFarland Blvd where it is row after row of metal building strip malls.
Walt Maddox (WM) said the moratorium could be as short-lived as even 24 hours while they are working on policy decisions.
Lee Garrison (LG) wanted to know if it would apply to residential and commercial zones.
John McConnell (JMc) said maybe but reminded the council that all zoning is still in effect.
City Attorney Tim Nunnley (TN) mentioned that they want to grant the fire department the authority to issue stop work orders during this recovery period.
There was a discussion of coordination with insurance companies which may be quickly paying to have property repaired and then a city official may declare the property unsafe. Cynthia Almond pointed out that even property the City has condemned in the regular course of business may be repaired and become occupiable (sp?), so that shouldn’t be too much of an issue.
Bobby Howard (BH) urged that ALL contractors, whether they are working in the recovery zone or elsewhere, be required to be licensed in order to help prevent the scamming of elderly people.
WM pointed out that he can do each of the things on the list through executive order, but that he wanted to meet with the Council to get their input.
Taking the bullet points one at a time, the council began with the question of mobile homes.
FEMA has requested some sites for temporary housing. They will try to do this within the zoning ordinance. FEMA does NOT have authority to ignore/change zoning.
This issues does not concern FEMA; it has to do with private developers or property owners looking for lots in existing residential districts on which to place trailers. So, do we want to allow this exception for hardship and, if so, for how long?
WM – It will be hard to go backward once they are allowed, but there is a great NEED so we will need a tight time frame and, for landlords, an even tighter time frame.
Bill Tinker (BT) – People will probably want to use local contractors and the local contractors will be stretched so it may take people a long time to get their work done.
JMc – we will probably see blue tarps a long time
Bob Lundell (BL) asked John what he had been able to find out about other cities’ experiences with trailers after similar disasters.
JMc: where they were allowed, they were hard to get rid of. Sometimes the hardship that allowing the trailer was intended to help relieve never went away (i.e., they never repaired their house.)
TN: If you do nothing, they are prohibited. We have identified sites to FEMA where they can go. We could exhaust those sites and capabilities before considering changing the code.
WM: FEMA may also place trailers other places.
TN: FEMA won’t violate the zoning ordinance.
JMc: We are discussion private requests, not FEMA-provided units.
BH: Someone who spends their own money to place a trailer is not going to have the same incentive to move it than FEMA would.
BT: a lot of the lots aren’t big enough for both a trailer AND reconstruction.
LG: recommends letting the process filter itself out and then consider it with tight limitations later.
BH: agree.
Taylor Harrison (TH): They shouldn’t be allowed to stay more than one year on private lots.
LG: we should get quarterly updates on their progress.
(Me: this sounds like an administrative nightmare…)
WM – OK; let’s take no action. They won’t be allowed.
TN: the sites identified to FEMA will require feasibility studies – no housing will be placed before that.
There are about 250 people in shelters. Other victims have self-placed elsewhere.
JMc: FEMA is also seeking available apartments. It is unclear how many are now available.
SECOND ISSUE: Modular Construction
TN & JMc: could flag this type of construction by asking on the permit form whether that kind of construction will be used.
What about businesses?
BT: OK for temporary.
JMc: No, they’re not permitted. No one has applied for a permit for this, plus they would have to go to the Zoning Board of Adjustments (ZBA) for permission. Someone brought up CVS which is operating out of a trailer. JMc said he didn’t know about it.
WM: Can we work with ZBA to expedite an exception approval process?
JMc: We can do a blanket exception and essentially the ZBA would cede authority to the Planning Department to approve.
WM: OK. I will instruct ZBA to do that.
TN: going to research whether WM can just order it or if ZBA has to do it and he will draw up the order.
NEXT BULLET POINT: Permit fees and penalties waiver
JMc: 100 or so permits have been issued. MOst have been for electrical work, simple repairs and demolition.
LG: if it’s insurance-related, then the cost of permits are built into what general contractors will charge so City shouldn’t waive fee if it’s being paid by insurance. Could waive if person proves insurance isn’t going to pay.
WM: does FEMA pay these fees?
JMc: everyone is emotional. After a tornado tears down their house it is a slap in the face to then have to pay for a permit to clear the debris, BUT it’s necessary to make sure things are taken care of properly like having the sewer capped and turning off utility service.
LG: let’s put in a mechanism for hardship.
NEXT BULLET ITEM – registration of contractors:
JMc: We want to make laminated tags to hang from the rear-view mirrors of each vehicle in the contractor’s fleet and one to be worn by the foreman. Won’t require every worker to wear one.
BH: this is a good idea for the whole city
WM: the silver lining of this disaster is the number of volunteers that have turned out. Starting Saturday morning, all volunteers will have to be credentialed to enter recovery zone. This will be done at the McAbee Center beginning at 8:00 a.m. Saturday. This will help keep volunteers safe during the dangerous heavy debris and hazardous waste removal operations which will be starting soon. Coordination has been challenging because the storm took out our EMA, the Salvation Army and Red Cross. Existing networks were gone.
LG: we will need to work hard to get the word out to the public that registration is required for all contractors and then the first thing people need to ask for is the contractor’s registration permit.
KT: does EVERY volunteer have to go to McAbee and stand in line? Some companies want to have their employees work on recovery and in other instances, large groups of volunteers are coming in. An employer doesn’t want to have to pay all of its employees to stand in line.
WM: Good question about the employees. Instructed Tracy Croom (city clerk) to coordinate this. For large groups of volunteers, they should be come “affiliated groups” and their process will be expedited. This will also help in the neighborhoods because all volunteers will have to have credentials so this should help keep bad guys out.
Cynthia Almond (CA) requests more frequent updates.
Tracy Croom announces that University Blvd from Juanita Dr. to Helen Keller Blvd. is going to be closed for an undetermined period of time.
LAST BULLET POINT: Moratorium on Construction
WM: reason is the fear of substandard construction, for example modular or metal buildings. We will have the Rebuilding Tuscaloosa Task Force which will consist of two committees, an internal one of City people and a citizen committee consisting of 7 (seven) people from impacted areas which will be appointed by City Council members.
LG: Back to the moratorium. If you don’t put one in place and people start signing contracts private work is going to happen fast. One metal building can ruin our comprehensive plans. Can we go ahead and require aesthetic guidelines? If we don’t have a moratorium, what’s the point of later getting a comprehensive plan and appointing a committee to do the plan?
(Note: most, if not all, parts of town have specific plans. These were all supposed to be knitted together to create a new city-wide comprehensive plan. This has not been done. The mayor has ordered the planning department to get this done for an August 1 approval date.)
CA: what kinds of buildings have been requested so far?
JMc: none yet; inquiries only. Lots of old businesses were torn down that no longer fit into the code or plan. Another request he has received is to be allowed to put up metal buildings.
LG: put a moratorium on it and if staff can come together by Tuesday with guidelines for disaster zone overlay then they can get it permitted within those guidelines. If not they can wait until the comprehensive plan comes out in August.
BL: this is our one chance to do it right.
WM: can we set up a system to flag metal building requests?
JMc: yes; we already require a full set of architectural plans
WM: can we do a “materials” moratorium?
LG: don’t want a loop-hole
TN: will you be impeding progress? Is there new construction that will start before Tuesday that we don’t want to prevent?
JMc: can’t think of any
TN: better if City Council adopts moratorium resolution than if it’s done by executive order. He read aloud the proposed ordinance which generally said that before any new construction an orderly process is needed and the temporary moratorium on certain new construction and demolition is needed to allow planning to be implemented. It will stand until 5/11/11 for metal buildings and construction that is not brick, masonry or traditional materials/design and which is not approved by the planning director in compliance with prior approvals. There is also a demolition moratorium on new permits and existing permits will be suspended.
LG: why are we slowing demolition?
TN: this is a worker safety issue and was a request of the incident command.
JMc: only 5 demolition permits have been issued yet.
(Council took a 15-minute break)
WM: make the moratorium on new permits for and suspension of existing permits for demolition until monday at noon. The moratorium on new construction until Wednesday.
At my request, the ordinance was clarified to include the areas impacted by the April 15 tornado which is being covered by FEMA also.
There was then a discussion of changing the City Council’s meeting schedule and they mostly wanted to begin their committee meetings at 12:00 on Tuesday, but Kip Tyner cannot be there until after his show is finished at 1:00 and he didn’t think it would be fair for the representative from one of the hardest-hit districts to have to be absent. They agreed to start the pre-council briefing at 1:00 on Tuesday and the rest of the meetings would flow thereafter at 1:45, 3:00 and 4:15. Council meeting at 6:00.
The Planning Department needs to hire a consultant to help with the comprehensive plan and this is an immediate need. There isn’t time to go through at Request For Proposal process. There was a discussion of whether or not to allow the mayor to authorize a contract with a consultant under his emergency powers. They decided to allow that.
There will be a meeting tomorrow, Friday, May 6 at 5:30 at the Bryant Conference Center for impacted businesses. i think they said this was sponsored by the Chamber of Commerce.
Kip Tyner announced that John Plott Construction had helped excavate his family extermination business and that all of their records and things had been salvaged as had all of his district 5 items.
ADJOURN