MINUTE BOOK94  199  MOUNTAIN BROOK CITY COUNCIL PRE-MEETING DISCUSSION MARCH 25,2024  [Asac convenience, members oft the public werei invited tol listen and observe in thej public meeting by Internet The City Council oft the City of Mountain Brook, Alabama met informally in-person at 6:30 p.m.on the 25th day ofN March, 2024 (others were allowed to listen to the meeting by way of Internet video conference). Council President Virginia Smith called the pre-meeting to order and the roll was called with the following  video confèrence.]  results:  Present: Virginia C. Smith, Council President  William S. Pritchard III, Council President Pro Tempore  Lloyd C. Shelton Gerald. A. Garner Stewart Welch III, Mayor  Absent: Graham L. Smith  Also present were City Attorney Carl. Johnson, City Manager Sam Gaston, and Acting City Clerk  Steve Boone. 1.  AGENDA  1. Jemison Park Safety Concern Tommy Luckie-Resident  Jemison Park is al high traffic area and there have been problems with speeding and bicycles Wants to ensure the City is doing everything possible tol keep ita a safe environment The "no bicycle" signs were removed due to construction but will be added back There has been a: request for as sign asking motorist to share the road with bicyclists  Virginia Smith-Council President  2. Woodclift Park sign  Shanda Williams-Parks. and Recreation Superintendent Thel Park Board wanted to update park signs and a committee was formed The committee developed al hierarchy ofs signs that needed to be updated First proposed sign to be updated: Woodclift Park sign Item added to the formal agenda (Resolution 2024-056)  Virginia Smith-Council President 3. Street light request for Old Brook Run Sam Gaston-City Manager  Ar request was received for as street light on Old Brook run All three property owners that the light affects are in favor of the street light  Virginia Smith-Council President  J:Minutes & Agendas/Council202420240325 Minutes. docx  March 25, 2024    200  MINUTE BOOK93  Item added to the formal agenda (Resolution 2024-055) 4. Deeds for two ROW donations for the Montclair Road Sidewalk Project  Sam Gaston-City Manager  Received 1 ROW deed, the other one willl be available later Would like to approve both (subject tol legal review) Item added to the formal agenda (Resolution 2024-057)  Virginia Smith-Council President  5. Review oft the other matters to be considered at the formal (7:00p.m.) meeting  2.  ADJOURNMENT  There being no further matters for discussion Council President Virginia Smith adjourned the  pre-meeting at approximately 6:54 pm. CERTIFICATION  3.  I, Heather Richards, City Clerk oft the City ofN Mountain Brook, Alabama, certify the above is ai true and correct synopsis of the discussion from the regular session oft the City Council oft the City ofMountain Brook, Alabama held at City Hall, Pre-Council Room (A-106) onl March 25, 2024, and that the meeting was duly called and held in all respects in accordance withi the laws oft the! State of Alabama and bylaws oft the City  and that no formal action or votes were conducted at said work session.  City Clerk, Approved by City Council April 8, 2024  J:Minutes & AsmdaCamaluIA.DAsS Minutes. docx  March 25,2024    MINUTE BOOK94  201  MINUTES OF THE: REGULAR MEETING OFTHE CITY COUNCIL OF THE CITY OFI MOUNTAIN BROOK  MARCH! 25,2024  [As a convenience, members oft the public werei invited tol listen and observe in thej public meeting by Internet The City Council oft the City of Mountain Brook, Alabama met inj person at 7:00 p.m. on the 25th day ofMarch, 2024 (others were allowed to listen to the meeting by way ofl Internet video conference). Council President Virginia Smith called the meeting to order, and the roll was called with the following results:  video conference.]  Present: Virginia C. Smith, Council President  William S. Pritchard III, Council President Pro Tempore  Lloyd C. Shelton Gerald. A. Garner Stewart Welch III, Mayor  Absent: Graham L. Smith  Also present were City Attorney Carl Johnson, City Manager Sam Gaston, and Acting City Clerk The Council President Virginia Smith stated that a quorum was present andi that the meeting was open  Steve. Boone.  for the transaction ofbusiness  1.  CONSENT AGENDA  Council President Virginia Smith announced that the following matters willl be considered at Approval oft the minutes oft thel March 11, 2024, regular meeting oft the City Council 2024-052 Execute an Agreement for Fire Protection and EMS Services 2024-053 Accept the proposal with Brasher Design Studio for the Overton  one time on the consent agenda provided no one in attendance objects:  Exhibit 1, Appendix1 Exhibit2 2, Appendix 2 Exhibit3 Exhibit 4, Appendix3 Exhibit5, Appendix 4 Exhibit 6, Appendix 5  with Shades Parkway LLC Park Design Proposal  2024-054 Ratify the disposal of certain surplus property  (FMFUI6LD4LA80826) and it conveyance to Travelers street light on an existing APCO pole on Old Brook Run  Insurance  2024-055 Install on 53 watt LED, 4000K, gray 5,0001 to 7,200 lumens 2024-056 Approve the design submitted by Brasher Design Studio with 2024-057 Authorize the acquisition oftwo parcels of land with respect to  respect to the Woodclift Park Sign the Montclair Road sidewalk project  J:Minutes & AsmalaCam.i1p0,4.0.03s Minutes.docx  March 25, 2024    202  MINUTE: BOOKS 93  Thereupon, the foregoing minutes and resolutions (Nos. 2024-052 through. 2024-057), were introduced by Council President Virginia Smith and a motion for theiri immediate adoption made by Council Member Shelton. The minutes and resolutions were then considered by the City Council. Council President Virginia Smith seconded the motion to adopt thei foregoing minutes and resolutions. Then, upon the question being put and the roll called, the vote was recorded as follows:  Ayes:  Virginia C. Smith William S. Pritchard III Lloyd C. Shelton Gerald A. Garner None None  Nays: Abstained:  Council President Virginia Smith thereupon declared that said minutes and resolutions (Nos. 2024-52 through 2024-057) were adopted by a vote of4 4-0 and as evidence thereofhe signed the CONSIDERATION OF ORDINANCE (NO. 2158) AMENDING ARTICLE XXV: OF THE Council President Virginia Smith introduced the ordinance in writing. Ity was then moved by Council President Pro Tempore Pritchard that all rules and regulations which,, unless suspended, would prevent the immediate consideration and adoption ofs said ordinance be suspended and that unanimous consent to the immediate consideration of said ordinance be given and that the reading of the ordinance at length be waived. The motion was seconded by Council Member Garner and was  same.  2.  CITY CODE OF MOUNTAIN BROOK (EXHIBIT 7)  unanimously carried, as follows:  Ayes:  Virginia C. Smith William S. ("Billy") Pritchard III Lloyd C. Shelton Gerald A. Garner None  Nays:  Council President Virginia Smith declared the motion carried by a vote of4-0. After said ordinance had been considered in full by the Council, Council President Pro Tempore Pritchard then moved for the adoption ofsaid ordinance. The motion was seconded by Council Member Garner. Thereupon, Council President Virginia Smith called for vote with the  following results: Ayes:  Virginia C. Smith William S. ("Billy") Pritchard III Lloyd C. Shelton Gerald A. Garner None  Nays:  Council President Virginia Smith declared that the ordinance (No. 2157) is hereby adopted by  a vote of4-Oand, as evidence thereof, she signed the same.  J:Minutes & AsmdsCamcin.u.2ass Minutes. docx  March 25, 2024    MINUTE BOOK 94  203  3.  CONSIDERATION OF ORDINANCE (NO. 2157). AMENDING. ARTICLE XVI OF THE Council President Virginia Smith introduced the ordinance in writing. It was then moved by Council Member Shelton that all rules and regulations which, unless suspended, would prevent the immediate consideration and adoption ofs said ordinance be suspended and that unanimous consent to the immediate consideration ofs said ordinance be given and that the reading oft the ordinance at length be waived. The motion was seconded by Council Member Garner and was unanimously carried, as  CITY CODE OF MOUNTAIN BROOK (EXHIBIT 8)  follows:  Ayes:  Virginia C. Smith William S. ("Billy") Pritchard III Lloyd C. Shelton Gerald A. Garner None  Nays:  Council President Virginia Smith declared the motion carried by a vote of4-0. After said ordinance had been considered in full by the Council, Council President Pro Tempore Pritchard then moved for the adoption of said ordinance. Thei motion was seconded by Council President Virginia Smith. Thereupon, Council President Virginia Smith called for vote with  the following results: Ayes:  Virginia C. Smith William S. ("Billy") Pritchard III Lloyd C. Shelton Gerald A. Garner None  Nays:  Council President Virginia Smith declared that the ordinance (No. 2158) is hereby adopted by  a vote of4-Oand, as evidence thereof, she signed the same. COMMENTS FROM RESIDENCES. AND. ATTENDEES  4. 5.  (There were no public comments) ANNOUNCEMENT April 8, 2024, 7:00p.m. ADJOURNMENT  Council President Virginia Smith announced the next regular meeting ofthe City Council is  6.  There being no further matters for discussion Council President Virginia Smith adjourned the  formal meeting at approximately 7:03 pm.  7.  CERTIFICATION  I,Heather Richards, City Clerk oft the City of! Mountain Brook, Alabama, certify the above is at true and correct transcript ofthe regular meeting oft the City Council of the City of] Mountain Brook, Alabama held at City Hall, Council Chamber (Room A-108) on March 25, 2024, and that the meeting  JMinutes & Acmaacamsan.t,a.0.0ss Minutes. docx  March 25, 2024    204  MINUTE BOOK93  was duly called and held in all respects in accordance with the laws of the State of Alabama and  bylaws oft the City and that a quorum was present.  City Clerk Approved by City Council April 8, 2024  EXHIBIT1 RESOLUTION NO.2 2024-052  BEI ITI RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that either the Mayor or the City Manager of the Cityi is hereby authorized and directed, for and on behalf oft the City, to exeçute an. Agreement for Fire Protection and EMS Services between the City and Shades  Parkway, LLC, in the form as attached hereto as Exhibit A  APPENDIX1 EXHIBIT2 RESOLUTION NO.2024-053  BE IT RESOLVED by the City Council oft the City of Mountain Brook that the City Council hereby accepts the proposal submitted by Brasher Design Studio, ini the form as attached hereto as  Exhibit A, with respect to the Overton Park Design Proposal.  APPENDIX2 EXHIBIT3 RESOLUTION: NO.2024-054  WHEREAS, the City ofMountain Brook, Alabama, has certain items of personal property WHEREAS, Section 11-43-56 of the Alabama Code of 1975 authorizes the municipal NOW, THEREFORE, BEI ITI RESOLVED by the City Council oft the City ofl Mountain Section 1. Iti is hereby established and declared that the following property owned by the City ofl Mountain Brook, Alabama is not needed for public or municipal purposes and is hereby declared  which are no longer needed for public or municipal purposes; and governing body to dispose of unneeded personal property.  Brook, as follows: surplus property:  Description Vehicle Identification Number Asset ID 2004 Ford Exp., -75,524 miles IFMFUI6L4LA80826 13047  JMinutes & AsmisCamaigudmss Minutes. docx  March2 25, 2024    MINUTE BOOK94  205  Section 2. That the City Manager, or his designated representative, is hereby authorized and directed  to convey the aforementioned vehicle to Travelers Insurance.  EXHIBIT4 RESOLUTION NO. 2024-055  BE ITI RESOLVED by the City Council of the City of Mountain Brook, Alabama, as That Alabama Power Company is requested toi install one (1)5 53 watt LED area, 4000K, gray - 5,000 to 7,200 lumens street light on an existing APCO pole on Old Brook Run (Service. Address 0 Streetlights, Unreg Nesc Lights, Birmingham, AL: 35213) as more fully described in Exhibit A  follows: 1.  attached hereto (Lighting Services NESC Lease. Agreement).  2.  That the Mayor or City Manager is hereby authorized to execute and deliver, or cause to be executed and delivered, on behalf of the City such documents, instruments, and agreements that may be deemed necessary or appropriate with respect to said street light upgrades/nstalations.  APPENDIX3 EXHIBIT: 5 RESOLUTION, NO.2024-056  BEI IT RESOLVED by the City Council oft the City of Mountain Brook that the City Council hereby approving the designs submitted by Brasher Design Studio, in the form as attached hereto as  Exhibit A, with respect to the Woodclift Park Sign.  APPENDIX: 4 EXHIBIT 6 RESOLUTION: NO. 2024-057  BEI IT RESOLVED by the City Council of the City of Mountain Brook, Alabama, that the City Council hereby authorizes the acquisition oftwo (2) parcels of land, as more fully described ini the exhibits attached hereto, with respect tot the Montclair Road sidewalk project subject to review and  approval as to form by the City Attorney.  APPENDIX5 EXHIBIT7 ORDINANCE NO.2157  BEI IT ORDAINED by the City Council of the City of Mountain Brook, Alabama, that Article X of  the City Code is hereby amended to as follows:  JMinutes &A Agendas/Council2024120240325 Minutes. docx  March 25,2024    206  MINUTE BOOK93  Section 1.  *ARTICLE XVI.- - Planned Unit Development (PUD) Sec. 129-266. - Additional requirements and provisions.  (c) Failure to begin construction. Construction oft the approved development must begin within two years from the date ofthe approval oft the master development plan by the city council unlessa different period is established by the City Council as part of its approval oft the application.. Any approved changes in the plan shall not extend the time at which said one two-year period begins to run unless otherwise specified by the City Council as part ofapproval ofs such changes. The city council may, no sooner than 60 days prior tot the end ofsaid two-year period, upon the written request oft the applicant, extend such two-year period for aj period to be determined by the City Council if, in the judgment of the City Council, such additional time is warranted. In any event, the construction oft the PUD: must be: started within two years or for other such time as is otherwise specified by the City Council, of the approval of the master development plan by the City Council and must be completed within the period oft time determined by the City Council for each PUD (the "Completion Period"), subject to extension by the City Council, as provided hereinafter. Ifthe City Council extends the date by which construction oft the. PUDI must be started, it may, but it shall not be obligated to, extend the Completion. Period for the PUDI by aj period of time which may be less, but may not be greater, than the length oftime by which the commencement date was extended. Failure to begin the development oft thel PUD within said two-year period, or the period as extended, or to complete the development within the Completion Period, or the extended Completion Period, shall automatically void the master development plan, and the zoning classification shall automatically revert to the zoning classification in effect for such parcel prior to its being rezoned al Planned Unit Development District. Forj purposes oft this subsection, construction of the approved development shall be considered to have begun ont the date that construction work has commenced after thei issuance of and pursuant to1 relevant permits. No building permit shall then be issued (except aj permit for al building which would be in compliance with such prior zoning classification) until ai new master development plan has been resubmitted and approved in accordance with thej procedures set forth in this article for an initial submission and approval. The development ofa PUD shall be considered to be complete when the land has been resurveyed or subdivided in accordance with the subdivision regulations oft the city (if such resurvey ors subdivision is required), the subdivision plat has been recorded ini the office ofthe Judge ofl Probate of. Jefferson County, Alabama, the installation of all utilities which are to be used in the PUDI has been completed (except for service lines to individual dwelling units), all: required streets (public or private), curbs, gutters and sidewalks have been installed in the PUD and the final coat of (d) Development in phases. Ifal PUD is tol be constructed in stages, the construction oft the first stage must begin within two years from the date oft the approval of the master development plan by the city council, and each additional stage must begin no later than the construction commencement date for each such stage as provided fori ini the development schedule approved by the city council. In all cases, progress towards completion oft the development should proceed in accordance with said development schedule. Failure to comply with this provision shall constitute a deviation from the master development plan, and the provisions and procedures of this section shall apply accordingly. For purposes oft this subsection, construction of the first stage shall be considered to have begun on the date that construction work has commenced after the issuance of and pursuant to relevant permits. (e) When thel PUD application is filed, a processing fee, as provided for in section 19-471(c), must be paid to the: zoning officer, and the applicant shall provide the city with a digital copy ofthe preliminary plan and attendant documents and information. During the time the preliminary plani is  paving has been placed on all streets in the PUD.  JMinutes & emdsCamcidUdDss Minutes.docx  March 25, 2024    MINUTE BOOK94  207  under consideration by the planning commission, the applicant shall furnish the zoning officer with a digital copy ofa any revisions oft the preliminary plan. During thet time the preliminary plan or the master development plan is under consideration by the city council, the applicant shall furnish the zoning officer with a digital copy of any revisions oft the preliminary plan or the master development Section 2. Repealer. All ordinances or parts of ordinances heretofore adopted by the City Council of the City of Mountain Brook, Alabama that are inconsistent with the provisions oft this ordinance are Section 3. Severability. Ifany part, section or subdivision oft this ordinance shall be held unconstitutional ori invalid for any reason, such holding shall not be construed to invalidate ori impair the remainder oft this ordinance, which shall continue in full force and effect notwithstanding such Section 4. Effective Date. This ordinance shall become effective immediately upon adoption and At the aforesaid time and place, all interested parties will be heard ini relation to the changes proposed  plan."  hereby expressly repealed.  holding.  publication as provided by law. by said ordinance.  EXHIBIT8 ORDINANCE NO.2158  BE: IT ORDAINED by the City Council ofthe City of Mountain Brook, Alabama, that Article X of  the City Codei is hereby amended to as follows: "ARTICLE. XXV. - Amendments Sec. 129-432. - Petitions for rezoning.  Section 1.  The owner ofa any parcel, or an authorized representative ofs such owner, may present ar request for rezoning ofs such parcel by filing an application for rezoning and a preliminary site plan ofs such parcel with the: zoning officer. Materials and/or information in addition to that provided for by the application may be required with respect toi requests for changes to certain zoning classifications, as set forthi in this chapter. Such additional materials ori information must be filed with the application, or, ifsome or all ofs such additional materials are requested by the zoning officer or thej planning commission after the application has been filed, such materials must be filed with the zoning officer within a reasonable time after such request, to enable the members oft the planning commission to review the materials prior to thej public hearing to be held by the planning commission. After an application for rezoning has been determined to contain all of the required materials and information, the application will be submitted to the planning commission: for consideration. The planning commission will hold aj public hearing, after giving notice, as permitted by applicable law, of its consideration oft the rezoning application. Following the public hearing, the zoning officer shall forward to the city council the planning commission's recommendation with respect to the proposed rezoning. After receiving the planning commission's recommendation from the zoning officer, the city  Sec. 129-435. Amendment procedure.  J:Minutes & AimdacComan2ipA.0as3 Minutes.docx  March 25, 2024    208  MINUTE BOOK93  council shall also give notice as permitted by applicable law and hold aj public hearing to consider the proposed rezoning, after which the city council will take action on the proposed amendment. (a) Ifthe city council denies an application for an amendment to this chapter, another application for thes same amendment to1 this chapter ("subsequent application"): shall not be considered by the planning commission or the city council until six (6) have elapsed from the date on which the application was denied by the city council Ift the application is withdrawn by the applicant prior to the city council making a decision with respect to such application, but after the planning commission made a recommendation to the city council with respect to: such application, another application fort the same amendment to this chapter may be made to the planning commission at any time. Notwithstanding thei foregoing, within less than six (6) months from the date on which an application for an amendment to this chapter was denied by the city, the city council, by ai resolution adopted by its members, may request thej planning commission to make ai recommendation to the city council with respect to, a subsequent application and, after receiving such recommendation from the planning (b) Ifthe city council denies an application for a change in the: zoning classification ofap parcel, another application for the same change in the zoning classification of the parcel or any part ofs such parcel shall not be considered by the planning commission or the city council until six (6) months have elapsed from the date on which the application is denied by the city council or, ifthe application isv withdrawn by the applicant prior toi the city council making a decision with respect to such application, but after the planning commission made a recommendation to the city council with respect tos such application, until six (6) months have elapsed from the date on which the planning (c) Notwithstanding the provisions of subsection (b) above, if the decision of the city council to grant an application for a change int the zoning classification ofa parcel is challenged in the. Jefferson County Circuit Court ("circuit court") and ifthe final judicial determination is that such application will not be granted, regardless ofv whether such decision is made by the circuit court or by an appellate court to which the decision oft the circuit court is appealed, another application for the same change in the: zoning classification of the parcel or any part of such parcel shall not be considered by the planning commission or the city council until one year has elapsed from: (i) the date on which the decision or order of the court, whether it be the circuit court or an appellate court, is final and thei time for appeal, or further appeal, has expired; or (ii) the date on which such legal proceeding is dismissed ifit is dismissed prior to ai finalj judicial determination being made with respect to such application. (d) Notwithstanding the provisions of subsection (b) above, ift the decision oft the city council to deny an application for a change in the zoning classification ofaj parcel is challenged in the circuit court and ifthe final judicial determination is that such application will not be granted, regardless of whether such decision is made by the circuit court or by an appellate court to which the decision oft the circuit court is appealed, another application for the same change in the: zoning classification ofthe parcel, or any part of such parcel, shall not be considered by the planning commission or the city council until five years have elapsed from: () the date on which the decision or order oft the court, whether it bet the circuit court or an appellate court, is final and the time for appeal, or further appeal, has expired; or (ii) the date on which such legal proceeding is dismissed ifiti is dismissed prior to ai final judicial (e) Notwithstanding the provisions of subsections (b), (c) and (d) above, the city council may consider an application for aj proposed change ini the zoning classification ofa parcel, or any part of the parcel, which, under subsection (b), subsection (c) or subsection (d) above was not tol have been considered within the respective six (6) month period referred to in said subsections (b), within the one year period referred to in subsection (c), or within thei five year period referred toi in subsection  Sec. 129-436. Time limit.  commission, consider the subsequent application.  commission made its recommendation.  determination being made with respect to such application.  J:Minutes & AsmdaCamcioud.ass Minutes. docx  March 25, 2024    MINUTE: BOOK 94  209  (d), after receiving from the planning commission ai recommendation with respect to such proposed rezoning of the parcel; provided, that prior to the consideration oft the proposed change int the zoning classification ofsuch parcel, or any part of such parcel, by the planning commission: (i) the city council determines that, because ofreasons which would be proper for the city council to consider with respect to the proposed change in the: zoning classification oft the parcel, or such part oft the parcel, it would be appropriate for the city council to consider changing the zoning classification of the parcel, or such part oft the parcel, at such time; and (ii) the city council adopts ai resolution (f) Ifan application for a change ini the zoning classification ofaj parcel is filed with the zoning officer and: (i) at any time prior to the city council's consideration of the application at aj meeting of the city council, the city council determines that the application is one which, under subsection (d) above, is not to be considered by the planning commission or the city council until the expiration of the one year period referred to in said subsection (d); (ii) the city council does not make the determination and adopt thei resolution referred to ins subsection (e) above; and (ii) one years has elapsed from the date on which the decision or order ofthe court referred to ins subsection (d) above is final and time for appeal, or further appeal, has expired or one year has elapsed from the date on which the legal proceeding referred to in subsection (d) above is dismissed ifiti is dismissed prior toa final judicial determination being made with respect to the application which was the basis for such legal proceeding, the city council may, by ai resolution adopted by its members, agree to consider the application on the conditions that the applicant agree in writing that: (i) ifthe city council denies the application to change the zoning classification of the parcel and the applicant challenges such decision oft the city council ini the circuit court, the applicant shall be obligated to reimburse the city fort the costs incurred by the city in defending such challenge (including, without limitation, attorneys' fees, court costs and fees and expenses of expert witnesses) (collectively, "costs")ift the final court order with respect to such decision oft the city council, whether it be the order of the circuit court or a decision of an appellate court, shall uphold the city council's decision to deny the application to change the zoning classification of the parcel; and (ii) that the applicant post a bond in an amount which the city council determines willl be sufficient to reimburse the city for the costs ("bond"). " Section 2. Repealer. All ordinances or parts of ordinances heretofore adopted by the City Council of the City ofM Mountain Brook, Alabama that are inconsistent with the provisions of this ordinance are Section 3. Severability. Ifany part, section or subdivision ofthis ordinance shall be held unconstitutional or invalid for any reason, suchl holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue ini full force and effect notwithstanding such Section 4. Effective Date. This ordinance shall become effective immediately upon adoption and  providing thati it has made such determination.  hereby expressly repealed.  holding.  publication as provided by law.  JMinutes & Agendas/Council2024.20240325 Minutes.d docx  March 25, 2024    210 AGREEMENTI FORI FIREI  MINUTE BOOK93  & EMSS SERVICES  daysa afterf furnishingy written noticed ofthat Breacht tothed defaulting Partyi ifitfbilsiotake remediala actiontocuret thes subjectE Breachy withind thatcure period. 3. Service Fees. Owners shallp payti the Cityti thef following feesf for Services (he" ServiceF Fee")tobe Payment fors Servicesto tobep performedd duringt thel InitialT Termisduea andpayablen molaterti thentwo (2)day followingd the EffectiveD Date.7 Thef feef fors Servicest tobep performedd during? 2022is dueno latert than) January 1,2022, andthef feefor2 2023isdueo onorbefore January' 1,2023. Contemplated Operations. Thec Cityy willp thef offiren attheP Premises andp performe performd medicals followinge services: operationst (a) Subjecttot thep provisioni immediately following, thec City willd dispatch representatives of its Firel Department (hereinafer" "City FireR Represmtativer)iotier Premisesi inresponse toe emergencyo callsf fors Servicesat tthat! location. Notwithstanding, Ownert understandss and agreest that, inthe event the Cityn receivesn multiplec callsf forfi fire ande emergencyr medical servicesd duringag givenp periodanditsr resourcist to1 responda andp providet thoses services mustbea allocated, theCityn maya affordp priorityi inrespondingandp providing servicesto buildings, structuresa andlocations withint the Cityl limitsb beforei itrespondsto oorprovides Servicesf fort theF Premises. ThePartiesa agree thatre reasonablea actionss shouldb bet takent top protectt theb healha andsafety ofCity Pire Representativesw whoared dispatchedwe tot theP Premiseso onemergency callsf for Services. Tot thatend, Owmera agreesa asf follows: () City Firel Representatives: may buta arenoto obligatedto visitt the Premises throaghoutt theT Termi ford thes soley purposed ofdetermining whethert theco conditions therea ares appropriate andt typicalt toth those thatt theye expecttoe cncountery when enteringe commercial buildingsi inth the City. Ifduringa anys suchy visita CityF Fire Representatived ohservesa condition()ont the Premisest thatt theye concloder might constinutea lifes safetyh hazardf fort them, CityR Repreentativey willn repartthat conditionb tothe Owner's buildingn managera andr requestt that Ownerb taken remedial actionh lombatel thathazardw withinadesignated, period. Ifiheo Owner failsoris unable totaker remedialactiony withint tbatp period, Ownera agrees thatt theCityn may Duringt thel Termo Ownerr mayi improve, renovate, modify, oro otherwise change atthe Premises (collectivelyh hereinafter" "Owner Changes"), butt those Changesmay motbeknownb by CityF FireR Representativeso orhavebeend disclosed associatedy tothem. Toapprise witho Owner CilyFireR Changes, Representativeso duringt the Termu afpatontiallifes the Owner'sb safetyhe buildingr hazurds manager  ThisA Agreementf for FireP Protectiona &E EMSS Services (the" "Agreement")is madca ander enlered betwcent the Cityo ofMountin Brook, anA Alabamen municipale corporation (the' "City"), ands Shades Parkway LLCO (he" Owner) effectives asofthed datel laats signedb below byap party (the" BffectiveD Date"). The Citys ando Owner may bei individuallyr referencedh herein asa" "Party" orcollectively as" "Parties". WHEREAS, Owner ownso commercialf facilitiesi locatedi inJ Jefferson County, Alabamas at813 Shades Creek Parkwry, whichl locationis iswithint thep policej jurisdictiono ofthe Cityb but notinitsr municipal WHEREAS, Owner) hasi requestedi thatt the City provide firep protections services fort the Premises andemergencyn medical servicest totheo occupantso ofimprovements thereon( (ollectively, the" Servioes"): WHEREAS, $11-43-1 1420 ofthe Code ofAlabuma (1975)p providest chat theg goveming bodyo of municipalityn maye enter witha businesst thatis beyoadit its corporatel limitst to1 render aidine case callfor firep protectiont beyondo thosel limitso onsuchte terms asthatn municipalb oody the Cityhas agreedt toprovidet then requesteds Servicespursuantte tothet termsa and this Agreement, andOwnera agreestoa accepta andreceivet chose Serviceso ont those Inconsideration ofthen mutuale coyenants! hereins andotherg gooda andy valuablec consideration, the receipta andsufficiencyo ofwhichi isa acknowledged, Ownera andCitya agreea asf follows. 1. Scopeo ofServices. Thec Citya agreest toprovidet the Servicesd describedherein duringt tbe Term Term. ThisA Agreement(andt thep periodinw whicht theCityw willp provides Servicesh hereunder) willo commenceo on) Januaryl 2024a ando effect untill December 31,2 20240 (he "Initiall Temm').1 Thereafer,i itwilln renowf fortwo,e consecativep periodso oftwelven monthse cach beginning, January 1,2 2025(." "RenewalP Period"). Theln Initiall Terma andanyR RenewalF Period collectivelyn mayb ben referencedh hereina asthe" "Term." Norwithstanding,t thisA Agreementr mayte terminate! beforeit itexpiresi ifeitherd oftbef followingo accur; (a) Bither Partyn mayt terminatet this Agreementat atanyt timed duringt thel Termb bys givingthe otheratleastn ninely (90)d daysp priorw writtenr noticed ofiermination. Inthee eventofsuch termination, Cityw willn refundto toOwnert thep pro-ratap partiono ofanyp prepaidf foet thatis periodo ofServices rerminingd duringt thel InitialT Termora anyl Renewal Perioda aftert thee effectivet time oftermination;or Ifeither Partyf filstoperformal materialo obligation owedtott thec ather herein(a "Breach), theF Partyn notind default mayt terminatet theA Agreeente effectivef fifeen(15)  providedd duringthe7 Term:  2024-$8,000 2025-$8,300 2026-$8,500 emergency  limits (the" Premises"); offireo andthatb businessr may agree; and temsa ando conditions.  torendera aidina Case  ofthis Agreement.  terminatet this Agreement and  shall fumisht the City'sF FireM Marshallv witha anyb building, architectural ord other plansfor Owner Changes (hereinaflere collectively" Building Plans") that,tobe implemented, requiret thei issuancec ofabuildingr permit int thej jurisdictionin whichth theP Premisesa arelocuted. IFthe Ownerc doesn potf furnish any BuildingP Plans totheCity's FireN Marshall, Ownera agrecst that! theCityn mayb terminated this 5. Exclusions from Scope ofServices. Ownera agrees, underatands, anda acknowledges that, with respectt firep protection, the City's Servicesa andoperations arel limitedt ton renderinga aidincaseof afirebeyonditsn municipal limits. Thes Servicesd donotanda arenotin intendedto creale,i impose,or cbligationo ors servicetotheo Ownerf fora anyofthef following: service bytheCityte toinvestigats, inspect, orcvaluatet theP Premises fore compliancev witha any firep prevention,l lifes safetyorb building codes( (hercinafter collectively" Code")applicable: totbe Premises;o aradutyors servicel byt theCitytorepart orundertaker Enys correctives aetionc concemmingy violationo ofCodesa applicabletothe (C) adutyorserviceh byl the Citytod determiney whether any Building Plansf fort theP Premises complyv witht the Codesa applicablet tothe Premises. Claims. Ownera acknowledgest that,b becmuset theP Premisesa arel locatedo outside theCiysti limits, the Cityis isnoto obligatedtop provide the Services. However, asamateriali inducementf forittoprovide them, Owners agreeste thef followingprovisionsr regardinge claimst batn maya arised outofthe Serviceso orthisA Agreemment. () Forpurposeso ofthisA Agreement, "Claim(s)" meanse any demand, cause, action, litigation, or claimo ofanyt type (includinga thirdpartyo claim, demandi forc contribution, crosso claim, action forc commonl laworc contractuali indemmificationa or claimm madeb byway ofsubrogation)u thatisa asserteda againstt thec City,t theCity) FireR Representatives, any ofits othere employees, oritso officials (collectively hereinaftert the" "City &is Representatives") byd te0 Owner, by itse employeeso ord officials, byanyir insurery whoOwnerk hasn retaineds and assertsa Claimb byv wayo ofs subrogations ton rocoupi losseso ord damaget theyp payor ore expend withr respectb theb buildings,i improvements, oro contentsa atthe Premises,o orb bya anyp person ore entity whoisn notal Partyt tothis Agreement( (allo claiments athert thanti the Ownert being collectivelyr referenced! hereinafter as" Third) Parties")whoc claiml loss,i injury, ord damage (includingt thosef forbodilyi injury, sickness, diseaseo ord death, those ford destruction, or loss efuseoftangiblep property, ort thosef forf financiall lossora anyty type)u thata arisesf ffomor relatestothep performanced ofServices, operationsbyt the City &isR Representatives Indemnification! by Owner, Owner, fori itselfandonb behalfofanyo afitsa affiliatesor associatede entities, successora anda assigns, agreest tod defend, indernify, andaoidh harmless theCiya Its Representativesf froma anyj judgments, damages,! losses, ande expenses (inchuding. butnot! limitedto, attoreys' fees,e expertf fees,o coute costsa ando otherl litigation JMinutes & AsmasCamaipu.ss Minutes.docx  costs)t thatd theyir incury with respecttoClaimsa asserteda againsta anyo ofthemby Third Parties. Thes scopec ofthiso obligationi includest then responsibilityt toindemnifyt theCity& ItRepresentativesf fiom Claims thate grea allegedlye causedi inw wholea arp part byt their negligent: acis, omissions, oro other misconduct; providedn nothing! bereino obligatest the Ownert toindemnifyt theCity &lts Representativesf for Claims by ThirdP Partics thatare directly caused by theirg grossn pegligenceo or wantonn misconduct. Limitationo ofDamagesa Release ofClains by Owner. IFthe Cityf failst toj perfonnar negligently performst the Serviceso orotherwiset breachesit its obligationsh hereunder inary manner(a" "CityE Breach"). thef followingu underslandings: applyv withn respectw toany Claim thato Ownern mightn makeh hereunders againstt the City &TSR Representatives: @) Exclusive Remedy/Maxinmum/ Amount Recoverable.) Thesoles ande exclusive remedy thatOwnern maye exercisein inthee evento ofaCityE Breachi islimitedloa Claima againstt theCityinw whicht then maximuma amount ofdamagesi is imitedto theie lessero ofthef following: (I)thed directd damagest that Ownerp proves arec caused bytheE Breach;o or(2). theamounto ofthes ServiceFeep prepaidbyt thed Ownerf forthe periodoftheA Agreementi in whicht the CityE Breacho occurs. Exceptingr recoveryof theal aboven meximuma amounto ofdamagesf fromt the City, Owner,f forit itselfa andon behaifofanyo ofitsa affliatesora associatede entities, successora anda assigns, waives, andr releasest thec Cityd &s Representativesi fioma anyo Claimf foraCity Breachor recoveryo ofdamages froma any ofthem. Exelusiono ofConsequential Damages. Innoe eventn may Owuer fromthe City8 Its Representatives: anys special,i incidental,e consequentitl, punitive, arany otheri indirect demageso ofanyd description( (including, withoutl limitation,d damages forl lostprofis,l losta advantage,l losto opportunity, losso ofrevemeso ort useofthe Premises, orfori increasedo cost ofoperations)a arisingf fromaCityE Breach. Owner acknowledgesd that thcs abaveir indemmification,! limitationo afdamages, releasea and exclusionp provisions Rrea amateriali inducementf fort the Cityt toperformt thes Services,a and that the Cityw wouldn nothavee enteredtheA Agreement withontt theiri inclusion. Notwithstanding anyp provisioni ind thisA Agreement, innoe events shalld the Cityh havea liabilityf forc claimsv withr respect tothes Services ort thisA Agreementr thatareg greatert thanthe any limitations thatarei imposedir in Ala. Code $11-93-2(1975), as nowi ineffecto ormaybe Immigrationl Law Compliance. Ownori representss andw warrantst the Cityt that, with respeott toitso operationsi inA Alabama: (itd doesr noti knowingly employ, hiref for employment, orcontinuete toemployir inA Alabamaa an" theB Bcason- Hemmon AlabemaT Taxpayera andCitizen Protection/ Act,5 $31-13-1,etseq, Codeo ofAlabamal 1975, BS amended (the" "Act"): (i)itwille enroili lintheE E-Verify programa andp provide documentationt establishingt thate enroliment, andshallv verifye employeeir inA Alabamat thatisn requiredt tobev verifieda accordingtol thes applicable evEry regulations; and(i)bys signing thisA Agreement,! itaffims, fort thed durationo oftbe  Agreement.  (a) Premises;or  modified.  hereunder,ort thisA Agreement  alien,"asdefinedby  March 25, 2024    MINUTE BOOK94  211  Agreement,! ltwillnotv violatef federali immigrationl lawo ark knowinglys employ,h hire for employmeni,o arc continueto toemploya anu unauthorizeda aliens withint thes State of Alabama. Furthermore,if ifOwneri isfoundt tobeins violatione ofthisp provision,i itshallb bec deemedin breache oftheA Agreementa and's shallben responsiblef for alld damagest resultingt therefiom. PriorA Agreement. AsofDecember3 31,2023, thel Prior Agrecment willte terminates andthe respectived obligationsofiheP Partiesd dhereunders aree extinguished. (a) ThisA Agreementn mayb bee executedinc counterparts, acompletes setofwhich togethers shall constitutea anc originaia andind duplicates, eacho ofwhichs shell constitutes anoriginal. Copies ofthisA Agreements showingt thesi signaturesofthe respective Parties, whetherp producedb byp photographic, digital,e computer, or other mayb bcu usedf fora allp reproduction, ThisA Agrcementn mayn notbea amendedarn modified,a andnoneo ofitsp provisionsor therightsofei ither Party canb bew waivedbyt theirc conductorf failuret toexercise theirn rightsh hereunderi int thee event ofad default,e exceptb byas subsequentw writing executedbyd dulys authorizedn representatives ofench Purty. ThisA Agreemente expressest thee entire agreement anda allu understandings! between thep partiesc conceming thes subjectr mattersh herein. Allstatements, representations, understandings, ands agreementsh herctoforen madec concerningt thes subject matters herein aren merged intot thisA Agreement, andu unlesathoseu understandingsor agreements aree expressedh herein,t theya arev voida ando ofnof forcea andeffect. IFthemeaningo ofanyp provision bereinisd disputedo orclaimedt tohes ambigoous, nopresumptions shallbed drawnt thate either Partyd iraftedt thatp provision(s). TheC Citya ando Owner arei independento contractors. Nothingh hereins shallbed deemed toc create ane emplayer-employeer relationship, principala agent reiationship,o orn relationshipt betweenti themo otherit thant thatofir independent contractors. NeitherP Partyn maya assignt this Agreemento ortl their rightsorb benefitsu underit itor subcontractih theirr respectiveo obligations! hercunderte toathirdpartyw without the writtena approvalo oftheo other Party. ThisA Agreementis ismaded anly fort thebenefito oftheCitya andthe Owner. Itisnot intended, norshallitbec construed, tograntork hestows anyb benefit, rightor privileget toanyt thirdparty. (Signature) PageF Follows)  Inwitnesss whereof, thel Partiesh have caused this Agreementt tobee executedb byt theirn respective underigned, dulyautborizedr representativeso ont thed date(s)i indicatedbelow.  Witness Ihn  Cityo ofMountain BrookA Alabama( (City) By: C5k Iis: Covnell Presisent Date: Blsley Shades Parkwayl LC(Owner) By: Its: Date:  purposesaso originals.  J:Minutes & AsmdirCamai2u,00.ss Minutes.docx  March 25, 2024    TocayCoa212 From:s ShandaV Williams, Parka andR RecreationE Board Date: March 20, 2024 Subject: Overton ParkD DesignP Proposal forOvertonP Park.  MINUTE Boolsasher  PLANNINGI  March7,2024  REFERENCE: PROPOSALI FORLANDSCAPEA AMCOHITICTANEDEAIENVCE: PROJECT: OVERTONP PARKI MASTERPLAN MOUNTAINE BROOK,A ALABAMA Brasher Dosign Studio, LLCisp pleasedt tos submita proposal fort thed designo ofa Conceptual Master Planf for Overton Park Itwould beap pleasuret to assistt thec cityo ofN Mountain Brook witha adesignf fors sucha ani importantp project. Pleasefi findb below theu understandingofther projects scope. SCOPEOFSERVICES Usingaerialie magesa and/ora stopogrphicalsurveyw wev willo existingconditionsf fora analysisa ando  Onb behalfo ofthe Parka andR Recreation Board,! Iwouldl liket tore requestt thatt thec cityo councila approvet the attachedp proposalv withB BrasherD Designs Studioir inthea amount of$6,5001 tob beginp planningi improvements Therea ares severala aspects ofOverton Parkt thatr need tobeir improvedo oru updated. Therea area areast that are overuseda ands somet thato couldbeb better utillzed. Weh haver mades somen minori improvements over they years, butt there ares somel largeris issuest thatr needt tobea addressed. Oneofthen majoro onesis improvingt thep playground area. Mosto ofthep playgrounde equipmentis isoider andv weh havete torepairp piecesn regularly. Afewn newer pieces! haveb beena addedv withint thel lasts sevento teny yearsi inana attemptt toben morea accessible andir Inclusive, buto overall,h itneedst tobeb better. TheP Park Boardw wouldli liketour update1 they wholep playground andn makeitc completelya accessiblef fora allchildren. Sincer Fires Station2 2wilibem movingir inac couple ofyears, thep Park Boardv wouldliket toe exploreo optionsf for usingt thee existing propertyt toe expanda andi improve OvertonPark. Since weh havek been unable tocreate moregreens spaces, ourg goalhasb beent tomaximizet theu useo ofthes spacesy weh have. Weh haved donea greatjobo ofthat attheA Athletic Complex, theJ Juniork High, andat) JemisonP Park. Overton Parkh hasbeen oneo ofourn mostk lovedp parksa andt thereisd definitelyp potentialton makeitbetter: anda appealtom more user Ihaven money budgetedf fort thesed designf fees, buth hado originally intendedtou useit itont thel lowers soccer fields. Aftert talkingy withy variouss schoolp personnel, includingt the AthleticD Director, 'mnots suret theya are readyt tomovef forwardv withp plansinthata areaw withu usatthist time. Thel ParkB Boardfeelsli like Overton Parkir improvements willb benefitn morep peoplea andtheya arer readyt tostarty workingo onitnow. Ifwea areu unablet tole locatet thes surveyso donew whent thep parky was lastr renovated, wer mayn needt top payto haveti thatre redonea andti thatisnotb budgeted. Itise estimatedt tocost $10,500. Wouldt thed cityc councilbe willingtoa approvet thata addede expenseif lfitisn neededt tos startt thise endeavor?  createabase ande pland drawingshowing design. Thel levelo ofdetaila accuracyofthe, plenv willbe  dependent ont the quality andi information provided on thea aerial image and/ors survey. A surveyisr notre required fora conceptualr master plan, butity woulde ensuret thea accuracyo ofthe designi int the earlys stages.) Wew willp provide Conceptual Master Planf fori improvements to OvertonP Park, includingtheF Fires Station2 2property. TheM Master Planv willa attemptb tor reimagine OvertonP Parkw with big-P picture ideasy witho cereful consideretionr madet top preservei important existing sitef features and significant shade trees. Potential improvements that may be considered, but not limited to, ere: more dynamic play and learning opportunities, programmingfora allages,a additionals shade,i inclusiveplayground,: anadditionalpavilion nature play.i improvingr pedestrian circulationa aroundti the parka andp plays areas, newp programri for thefi fires stationg property, parking, sports courts, splashp pad, gatheringa areas, lnccapiat. Wev wantt too designaninclusivec communitye gathering placet thate engages ande excisih parky wills strivet tobeaspacet thatf fostersr rolationshipst betweeng peopleofallal labinzam developmental stages andp provides a community gathering place where citizenjcan safely play,i interact,a ands socialize. OptionA-Basic- $6,500 Develop ONEC Conceptualn Master PlanR Renderingw withe characteri images. Thisp plani includes revisions to develop ONEF Final Master Plan Rendering. cherscter images,a andONEF FinalCostE Estimate.  groups.  A  POBox 530307 Mountain Brook,A AL 35253  hadsyaien  (P)205.495.5433 -1-  6  XztionB-Modgate 59,p00 DevelopT TWoConceptualMaster Plan Renderingsw witho characteri imagesf forreview. Thisp planir includess selectingtheb besto conceptt tor movef forwardy witha andr revisionsto thatc concept to develop ONEF Final Conceptual Master Plan Rendering. character images,a andONEF Final CostE Estimate. Sption C- Comprehonsive- $16,000 Developa anonlinec communitys surveyo questionnairef ford communityin input. Createa asurveyr report.touingcommuntye surveyr results. Develop THREE ConceptualMaster: Plansv withcharacter imagesforeachf forre review. Thisplaninchudesthes MaedtsmethwpeMcwcPiN movef forwardwith,t tworeview processesv withn revislonst tothatc concept, andthe development andd dellveryo OfONE Final Conceptual Master Plan Rendering. character images, end ONE Final Cost ONEB Birdseye PerspectiveR Rendering, Ownert tochooseld locationandview. Theb belowi illustratest thep processb byw whicht thec designy willbec completed. TheT Tasksv willdiffer basedonv whato optionA.E BorC/froma aboveisc chosen. Conceptual Master Plan Task1 Existing Conditions ands SiteA Analysis Developa projectb base plany witha aerialphotographya and/ors survey anda assesamento ofsiteu usage inventorya andconditions assessment Analysiso ofterraina ands soilo characteristics Evaluationc ofexisting pedestriana and vehiçulara accessibility ofviewsheds Task2. ConceptualMastert Plan Development -Kickoffr meetingwitht thec owner Developmento ofs site-specifica amenityo opportunities -ProgammingofPark Developmento ofMaster Planls) Dellveryo ofs sitep planf forr reviewti througho digitalmedia Meety withthed ownerf fari inputa andcomments J:Minutes & AsmdsCamsipo0,03s Minutes. docx Carsisyucson  Deliverebles - First Draft Conceptual Master Plan rendering showing proposed Improvements of the park with character images for review, feedback, and revision requests. Delivered digitally and print." requested. Task3. FinalConceptuall Master Plan Witho comments andre revisions requests recaivedf fromt thef firstd draft Concoptual MasterP Plen, wew willproducea "sahasaTwCwspaN Planthrough digitalmedia Meetw withtheo ownerf fort ther review ofthef finalplan. Deliverables Final Conceptual Master SiteP Planr rendering and CostE Estimatev with characteri images. Revisionr requests and comments from thef first Cp.aaN includedinthisplan! Delivered digitallya andp printedifn requested. OptionA:$6,500  f Hilldhoutlyatsi50h BudgetNumber $10,500.T Thisr wouldi includea topographicalsurveyw witho contoursa atli intervals, site amenitles, buildings, trees, boundarys propertyl boundaries.1 survey.A Amored Thisc definitives doesr notii includeacertfied survey costy witha completes scopec ofv worko canbep provided uponn request  Estimate.  COMPENSATION Master Plan Additionalgraphics Surveyloptional)  roads, ROW, and  Aftert theF Final Conceptual Master Planis iscomplete, andupony yourn request, wecanp providea proposalfort thei implementationc ofthed Conceptuall MasterF Plan.7 Thisp proposalw wouldi linclude constructionc documents, bidding,a andconstructiont PROJECTB BILLING: Thep projectwilbet biledont thep percentage ofo completion.  March 25, 2024 laaimgihaayiadest  POBox5 530307 MountainE Brook, AL3 35253  (P)205.495.5433 -2-  POBox5 530307 MountainE Brook,A AL: 35253  (p)2 205.495.5433    MINUTEI BOOK  213 Signature Page  RIMAURSABLEXPNSES timeso ouro cost: Wpbsmphamdwmua ADDITIONALS SERVICES: $150/hr. Constructions staking Lighting As-BultDrawing: GootechnicalReport Morer revision requeststi thany whatis outinedinti the proposal Construction! Drawings Wayfindingsignage SCHEDULE Workt tobep perfomedintherchndie: setbytheCity. gatheringplaceft fort then residents ofMountainB Brook.  Thef followingexpenses: arere reimbursable, andw willbeir invoicedn monthlys asincurredat12 Additionals servicese eres serviceso outsidec ofthes scoper noted herein ors servicest thatw wèrer not atthew writing oft thisa agreementora ares specials services requestedbyt the Owner. Should additionals servicesb ber requiredo duringt this project, we willn notifyt the Owner priorto commencingsaidy work Unlessr negotiatedtothec contrary, additionaisarvicesy willbeb billedat  Pleases signone Optionb belowf forthed designs servicey youir maniontiaandntuni executedo copyv viae email.A Asignede copyv willa authorize Brasher! Design Studiot tol begin  work.  @  Sk SepisAppowldfpime -OR- SignforA Approvalof ptionB OR-  252014  Date  StructuralDrawings Additionalv work requestedoutsideof thep proposal Communityl InputM Meetings ConstructionA Administration Selectiono ofs specificy playground equipment  Date  Ifthis proposal meetsy youra approval, pleasei indicate bya adding yours signature below. We appreciate youro considerationa andk lookf forwardtow workingwithy youontod create ane exciting  Signi forA ApprovalofOptiont C-Comprehensive: 16.000  Dote  Bestregards, DaleB Brasher,P PLA Principal Brasher Designs Studio,LLC  POBox5 530307 Brook, Mountain AL 35253  (e)d Gaevasecsiyuulocon  p)205.495.5433  POBOx5 530307 MountainE Brook, AL: 35253  (e)d debashetaigpmtulocon  ()205.495.543  J:Minutes & AsmisCamaipudpiu3s Minutes.docx  March2 25, 2024    Lightings Services NESCOL Lease Agreement Customerl LegaiN Name CITY OFI MOUNTAINE BROOK MaiingA Address POBOX1 130009, BIRMINGHAM AL35213  Alabama Power MINUTE B@  214  DBA OLDBROOKF RUN  ServiceA Address. STREETLIGHTS, UNREGI NESC LIGHTSE BIRMINGHAM/ AL 35213 County JEFFERSON Existing Yes ZN NoD HYesardfpossbie)e Customerwant Yes No ExistingA Account. 36128- 68008  Email_ TaxID_  el#_ BusinessD Descriplion! MUNICIPAL Equipment OH  Estimated Estimated  Qty Mattsl Type  Description  UG UM Amount(s) Charges" Regulated. Chargelsr Monthly  153 Area GrayL LED 5200-7 7200L Lumens 4000K OH UM $9.43 $1.18 $10.61  Monthly Total"  $10.61  ProjectN Nates: INSTALL 531 WATT COBRA ONE EXISTING APCOPOLE.  Initial Term Regulat Chargoi  months cioar (ODL) helibbe ah  PrepaidA Amount dictatedbytheA Publie Servioe  $0.00 Thea proposel actvel charges. Alabama Power Company  ali Date  Swast Nach TL Maynf APCIntemnall Use Only- APCF ReferenceN Number (fapplicable):  Sam Gaston From: Sent: Subject: To:. Sams S.Gaston City! Mane Broak, AL P.O. Box1 30009 Brook. AL. 35213 (205) Phone ICMA From: Happy BamaMom! malbangphaoPmilcom, Sent:N Monday, March1 18, 20241 1:34PM To:S SamG Gastons astons@ntahokr Subject:R Re:F FW:S Streetl Light Requestf for OldBrookF Runc CulDeSac No..justu ust three. OnN Mon, Marl 18,2 20248 at 1:33PMS Sam Gaston gastons@mtnbrook. org> wrote: Notr really, Aret therea anyo othersr residentsr neart thisl Ightb besldesti thet threef famillest thaty wantone?  Sam Gaston Monday, March1 18, 20241 1:37PM RE'FW: 'Happy StreetLghtRequest: for OldB Brook Runc CulDeSac  Shouldo bet fineu uniesy youw wantt tos speeditupt byemailingn mex shata altheea affeciedncaes arek inbisuppori. Thal mightg gett thec Councils toa approvet thel ferts onMechz 25" lassado ofwaiting firhe Aprilg" mebg  Sams S.Gaston Cityn Manager Cityo ofMountainE Brook, AL. 56Churchs Street P.O. Box1 130009 Mountain BrookAL. 35213 (205)8 802-3 3803F Phone ywominhrookorg  :Minutes & AgendaslCouncil2024120240325 Minutes.c docx  March2 25, 2024    To:CityCouncil From:s ShandaV Williams, Parka andR Recreation Board Date: March2 20,2 2024 Subject: NewP Parks SignD Design&w Woodelift Parks Sign  MINUTE BOOK 94  215  OVERTONI PARK  Ithinkr mosto ofyoua area awaret thatt theF ParkB Boardh hasb beenw workingo onan newp parks signd design. We wantedtou update thec oldw woodene engraveds signst toa newsi signt thatw wouldber moreti timelessa andfitin witht the! MountainB Brooka aestheticr more. Acommitteeft fromt the ParkB Boardy workedw withD Dale Brasher fromB Brasher Designs Studioa andd developeda hierarchy ofsignst tou useir inourp parks. Eachp parkv willgeta unique: signte tof fititss sizea andp personality, bute eacho onev willhavet thes sames seto ofcharacteristicst thatwill defineit itasal Mountain Brookp park. Their inspirationf fort theses signso camef fromt the columnst thatfi framed  theo originale entrancest toN Brook.  Then repeatingo characteristicsv wilbet thatitwillh havea acolumna anday wing/seaty wall,a anengraved limestones signa ande cap,a andbem madec ofstone. Dalev wasa alsoa ablet tod developauniquef fontf forthesign thatmimicst thef fontontheo originalsi signsa aswell. twilla aiso beu usedo onallt thep parks signs. WOODCLIFT PARK MOUNTAIN BROOKF PARKS ER RECRERTION ABCDEPGHUKLPMOPORSTUYWXSL ABCDEPGMUKLTOPORSTUYXXYZ Thesea aree exampleso ofsomev varlationsofthe; parks signst thaty wer mayt trytoir incorporatei insomep parks:  Thefi firstp parks signt tobet builtw willbeo onef forV Woodclift Parkv whichisamicro; parky wec createda fewy years agok locatedonv Woodclift Girclec offofDollyR Ridgen Road. Thisv willbeas small signa andagoods starting pointf fort thisc conversion. Ihavea attachedt thek latestr renderingsfort thats signte tothiss summary. We have notfi finalizedt thel landscapep plan, butt the ParkB Boardh hasa alla agreedw witht thes specificationsf fort thes sign. Thep police departmento didnoth havea anyi issuesv withit itfroma sighto distancea ands safety perspective. haves sharedity witht then neighborsa andsofart thef feedback! hasb beenp positive. lfeveryonel likest ther news signd design, will continuey working ont thep plansf fort thev WoodcliftF Parks sign. haver moneyk budgetedf fort thiss signa andwillb bringa contractb back tothed councilf fora approvalonce we  havea allthed detailsfi finalized.  brasher  W 8  OODCLIFT PARK  - à  2  WOODCLIFT PARK MOUNTHIN BROOK PHRKS a RECREHTION ABCDEPGHUKLMAOPARSTINAXZ ABCDEFGAUKLTTOPORSTUYXX9Z  HI  WOODCPIFT PARK SIGN    216  MINUTE BOOK93  I  AAES  11R  WOODCUFTPARKSIGN  HE Mus  WOODCUFTPARKSIGN  JMinutes & AsmasCamald1A.0.03S Minutes.docx  March 25, 2024    was eparedby: Colvin,l LC  MINUTE BOOK 94  217  FIGHT-OP-WAYDEID  conveyede andh hereind describediss situated; thatit ithasag gooda andk lawfulr rightt tos sella ando conveyt the same asaforesaid; thatt thes sameis isf fteeo ofalle encumbrances, liens, andci claimsr noto otherwises setf forthh herein; andthatitwilly warranta andd defendt thet titleti theretoa against thela lawful claims ofallp personsy whomsoever. INW WITNESS WHEREOF, weh havel hereuntos seto ourh hands ands sealst this_ dayof  STATEOFA ALABAMA JEFFERSONCOUNTY  2024.  KNOW ALLN MENI BY1 THESEF PRESENTS THAT, thatf fora andinc considerationc ofthes sumof OneD Dollar (SI. 00) and otherg goods andy valuable considerations setf forthh hereini inh handp paid,t then receipt whereofi ish hereby acknowiedged, andinf furtherc considerationc ofthel benefita accruingto to Grantora andto thep publief fromt thec construction ofap publict road throughi itsl lands) locatedi inj Jefferson County, Alabama, theu undersigned Grantor, BROOKSHIRE PLACEC CONDOMINTUME OWNER ASSOCIATION, INC,n Alabama corporation, doesh herebyg give, grant, bargmin, seila andc conveyi ini fees simpleu unto Grantee, the CityofMountain) Brook,A Alabema, itss successorsa anda assigns,a aright-of-way, hereinafterd describedo over, under,a anda acrossit itssaidi Iandsi inJ Jefferson County, Alabama,f foras sidewallg whichr right-ofway! being COMMENCEata) 1/21 InchF Rebarf found atthei intersection ofthep present South Right- of-Way ofMontelair! Roady withd the WestI Line ofa4 40foote easement, ass shown onthe Mapof Gaywood, asrecorded inN MapE Book3 32,1 Page? 78, Inthe Office oftheJ Judgeof Probatef forJ Jefferson County, Alabama;t thence $61°02'4 46"Wa alongt thep presents South Right-of-y WayofM Montclair Roadf forad distance of54.56f feettoay point; thences $63-38 19"W Wa along thep present South Right-of-Way ofMontelair Roadf forad distance of 193.27 feettoth thel POINT OFE BEGINNINGofthef followingd deseribed Right-of-Way Taking: thencel leavingt thep presents South Right-of-Wayo ofMontelair) Roadn run S57*3 32'5 54"W alongt the Right-of Way? Taking forad distance of7 72.21f feette toap point; thence $63-37 09"Ws alongth thel Right-of-Way Takingf forad distanceo of2 28.08f feett toa point; thences 36° 174 40"W Wa along the Right-ofy Way Taking fora distanceo ofl 15.44f feettoa point; thences S63°1 17'48" W alongt thel Right-o of Way Takingf forac distance of7 72.091 foettoa point; thenceN N8 84°5 51": 29") Wi alongt theF Rightof Wayl Taking forad distance of1 18.07 feettoap point;t thence! $6502 28 30"1 Wa along theR Right-of Way Taking forad distanceof 20.841 feettoap point;t thence 7003 39 54"Wa alongt the Right-of Way1 Taking fora distanceo of29.58f feettoa apointont thep present? North Right-of-W Wayo ofMontclair Road; thence! N62°4 47'27"1 Ealongt thep present? North Right-of-Wayo of Montclair Roadf fora distance of98.98f feettoap point; thence N63°38'1 19"Ealongt thep presentN Narth Right- of-Way ofMontclair Roadf forad distance of1 152.32f fectte totheP POINTO OF BEGINNING; saidp parcelc containing 2,021.995 Square Feet (0.05a acres)n morec orl less. Thep propertyis conveyeds subject to alle easements, rights-of-ways andn restrictionso ofrecord. TOHAVEA ANDT TOHOLDthea above-grantedp property unto Grantee, theCityofMountain Brook, Alabama,i itss successorse anda assignsf foreveri infees simplef forever fortheu usesa andp purposesf for Grantor doesf forit itseif, itss successorsa anda assigns, covenantt toandw witht thec Granteet thati itis lawfullys seizeda andp possessedi inf fees simple ofthep property upony whicht theright-of-way! beingh hereby  BROOKSHIRE PLACEC CONDOMINIUM OWNER ASSSOCIATION, INC. Grantor By: Its: whosen namea as_  describeda asf follows, to-wit:  ALABAMA JEFPERSONCOUNTY  Itheundersigned" Notary) Public inandf fors saido County, ins saids State, hereby certifyt that BrookshireP Place Condominium Owner Association,! Inc.,is iss signedtothef foregoingo conveyance, andw who isknownton me,a acknowledged! beforer meont thisd dayt that, beingi informedo oftheo contentso ofthe conveyance, assucho officera andw withf fulia authority, executedt thes samev voluntarily fora anda asthea actof saidB Brookshire) Place Condominium Owner Givenu undern myh handa ando officials sealthis_ dayof_ Myc commissione expires:  of  Inc. ont thes same bearsd date. 2024. Notary Public  whichs saidl landis isg granted.  Broole  Brook,  CITY OF MO OUNTAIN BROOK  THIS EXHIBIT ISN NOTT TOBE CONSTRUED ASASURVEY  February 21,2 2024 Ralph H. & Sallys S. Yeilding 2200 Brookshire Place Mountain Brook, AL3 35213 RE: Project: TAPAA-TA23919) Cityo ofMountainl Brook Tract#:1 Dear) Mr. andN Mrs. Yeilding:  The Cityo ofMountain Brooki isint thep process ofacquiring properties fort thep purpose of constructing thes above-referenced; project, whichi involvess sidewalk improvementss along Montclair Road. Thec construction oft thisp project willn necessitate thes acquisition of0.05 acred of right-of-way fromy youry property toconstruct andn maintain news sidewalk andac crosswalk for thep proposed pedestrian path. Existings sidewalk willb ber removeda andr replaced withr new ADA compliants sidewalk withint thea acquired right-of-way. Seet thes attached exhibita ands sketch detailingt thep proposeds sidewalka anda amount ofright-ofway needed. Youl havet the rightto receive justo compensation, as determinedb byt the City, whichi isbased on ana appraisal or waiver Youa alsoh havet ther rightt to obtains your owna appraisal tobec considered byd the City. However, duet tot thep publick benefit ofthep project, wea are requesting thaly youc consider donating the necessaryr right-of-way. Donatingt thisp propertyy would helpe expedite thec construction process andc completiono ofthep project, sincet thec costa andt timeframer requiredf fora appraisals wouldnot beneeded. Pleasei indicatec ont thea attached pagei ifyouc chooset tod donated orr receivej just  54.56 193.27 9.58 8.98  valuation.  L-10 L-11  compensation fory yourp property. Sincerely, Gan Som Sams. Gaston City? Manager  40'. EASEMENT MB32 PG 78 LOT_12 MONICLAIR RD.R RIGHT-DF-VAY TAKINGE EXHIB LNEPRANUN  LOT_12 332 RG 78  BEES. Marci2s, 2024 REEC YUSA USA  J:Minutes & Asema-ciasiaiaogadz  SAIN ASSOCIATES    218  MINUTE BOOK93  ACKNOMLEDGEMENE Thisi istoc certify that! have beena advisedo ofmyr rightto ton receivej just compensationi forn myp property andi understandt thatl Ihavet ther righttoa ana appraisal. Idon notw wisht toc donater my propertyf forF ROW. Irequéstt tobep paidjust Idesiret to donate myp propertyf for ROW.I Ireleaset thel LPAfr fromt then needto  compensation. appraiser myp property.  Property Owner  Date  PLACEC CONDOMINIUM- -MONTCLAIRI ROADR RIGHT-OF-WAYT TAKING: COMMENCE: ata1 1/21 InchR Rebarf founda atthel Intersectionc ofthep present South Right-of-Wayo of Montclair Roadv witht thev WestL Linec ofa4 40foote easement, ass shownd on theN Mapc ofGaywood, as recordedi inN MapB Book3 32, Page7 78,1 Inthe Officed oftheJ Judgec ofProbatef for) Jefferson County, Alabama; thences6 61"02'4 46"Wa alonge thep presents SouthF Right-of-Wayo ofMontclair Roadf fora distance of54.56f feett toap point;t thences $63"3 38'1 19"Wa alongt thep presents South Right-a ofV Way ofMontclair Roadf fora adistance of1 193.27f feett totheP POINTO OFB BEGINNING ofthef following described Right-of-Way7 Taking: thencel leavingt thep presents South Right-of-Way ofN Montclair Roadr runs573 32'54"V Wa alongt theR Right-of-WayT Takingf forad distanced of 72.211 feett toap point; thence $63"3 37'0 09"V Wa alongt theR Right-ofWayl Takingf fora distance of28.08f feett toapaint; thences 36'1 17'4 40"V Wa alongt theR Right-of-Wayl Takingf forad distancec of1 15.44f feett toap point; thences 563"1 17'48" Wa alongt theR Right-of-Way7 Takingf fora adistanced of7 72.09f feett toap point; thence N84" 51'29" Wa alongt theR Right-of-Way1 Takingf fora distance of18.07f feett toap point; thences $65": 28'3 30"V Wa alongtheR Right-of-Wayl Takingf fora distance of20.84f feett toa point; thences 70"3 39' 54"V Wa along theR Right-of-WayT Takingf fora ad distance of29.58f feett toapoint on thep present NorthR Right-of-Wayo ofMontclair Road; thenceN 62*4 47: 27"Ea along thep present North Right-ofWay ofMontclair Roadf foradistance of98.98f feett toap point; thence N63": 38 19"Ea alongt thep present North Right-of-Wayo ofMontclair Roadf fora distance of1 152.32f feetto theP POINT OFB BEGINNING; saidp parceld containing 2,021.99 Square Feet (0.05 acres) more or  THIS EXHIBIT IS NOT TO_BE CONSTRUED ASAS SURVEY  less.  TANC 28.08 15.44 72.09 18.07 20.84 29.58 98.98 152.32  1 - 40' EASEMENT MB32 PG_78 LOT12 MONTCLAIR RD.R RIGHI-OF-WAY TAKING EXHIBIT OOKSHIRE PAEEGNCOMNIM  LOT12.  J:Minutes & EmdtadPAOPAS mute  March 25, 2024  SAIN    MINUTE BOOK 94  219  ACKNOWIEDGEMENT Thisi istoc certifyt thatl have beena advisedo ofmyri rightton recelve) just compensationi forn myp property: andl understand thatl Thavet ther rightt toana appraisal. Idonotw wishtod donate myp propertyf for ROW. Irequéstt tob bep paidj just X_yEs Idesiret toc donaten myp propertyf forF ROW.I Ireleaset theL LPAfromt ther needto Bkrlor ReeGbea Manh462024  compensation. appraisen my property. Property Owner Ownak Aisedhm, TAE, Date K4iy fOA Aesibg  J:Minutes & AsmdaCamcau0,.0.ss Minutes. docx  March 25,2 2024