MINUTE BOOK94 221 MOUNTAIN BROOK CITY COUNCIL PRE-MEETING DISCUSSION APRIL8, 2024 [Asac convenience, members oft thej public werei invited to listen and observe in thej public meeting by Internet The City Council of the City of] Mountain Brook, Alabama met informally in-person at 6:30j p.m. on the 25th day ofMarch, 2024 (others were allowed tol listen tot the meeting by way ofInternet video conference, lattendee). Council President Virginia Smith called thej pre-meeting to order and the roll was called with the video conference-1 virtual attendee.] following results: Present: William S. Pritchard III, Council President Pro Tempore Graham L. Smith Gerald. A. Garner Stewart Welch III, Mayor Lloyd C. Shelton Absent: Virginia C. Smith, Council President Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and City Clerk Heather Richards. 1. AGENDA 1. Bids fort the new Fire Station No. 2 Adam Kent-Barrett Architecture Studio Stone Building LLC is the lowest responsible bid Thel bids received came within budget Once Stone Building develops a schedule, it should take 365 days to complete Sam Gaston-City Manager The bids came in well below what was budgeted Billy Pritchard-Council President Pro Tempore 2. Indigent Attorney's Fee for Municipal Court Heather Richards-City Clerk reimbursed for their time Item added to the formal agenda (Resolution No. 2024-059) Historically, our public defenders filled out the attorney fee declaration in order to get This is ai form that is utilized by district and circuit court This form is not: necessary at the municipal level The form limits the pay oft the public defenders to $70 an hour per client Proposing paying $300 per attorney, per court session (or the amount ofthe Fair Trial Tax- whichever is lesser) Billy Pritchard-Council President Pro Tempore Item added to the formal agenda (Resolution 2024-060) J:Minutes & AsmacomandipAAaN Minutes. docx April8 8, 2024 222 MINUTE BOOKS 93 3. Convert Memory Triangle to a clover and wildflower cover Danal Hazen-Director of Planning, Building, and Sustainability With the sewer project going on at Memory Triangle, this leaves a clean slate for aj pollinator Researched what would be used, howi it would look during different seasons, how it would be Would like to install a seed mix of wildflowers that would bloom throughout a 9 month habitat maintained, etc. This is an experimental project season Itcould take 1-3 years before it really takes hold Itwould cost about $400 for thes seeds This project would notl have to be irrigated The Board of Landscape Design was in favor oft the project Billy Pritchard-Council President Pro Tempore Item added to the formal agenda (Resolution 2024-061) 4. Amendments to the City Code to address dirty and unmaintained awnings Dana Hazen-Director of Planning, Building, and Sustainability Would have to manage expectations of the public due to it changing to a more: relaxed vegetative feel Planning and Zoning would issue a written notice ofthe violation and givei individuals 60 After 60 days ofnon-compliance, the ordinance provides for a fine of $500 collected at the There will also be an additional $50 ai month per month iti is not remedied days to clean, repair, remove, etc. business license renewal The awning issuance fee will be increased to $100 Whit Colvin-City Attorney residential structures Added a sentence tot the ordinance to make it clear that this did not cover awnings on Billy Pritchard-Council President Pro Tempore Item added to the formal agenda (Ordinance 2159 and 2160) 5. Re-appointment of. Jenifer Kimbrough to the Board of Education Billy Pritchard-Council President Pro' Tempore Jenifer Kimbrough' 'st term is about to expire Shei is willing to serve again Received al letter from the Board recommending. Jenifer Kimbrough to be re-appointed Item added to the formal agenda (Resolution 2024-062) 6. 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 6:53 pm. J:Minutes & AsemdaCamaigtpam.0as Minutes.docx April8,2 2024 MINUTE BOOK94 223 3. CERTIFICATION 1Heather Richards, City Clerk oft the City ofl Mountain Brook, Alabama, certify the above is ai true and correct synopsis of the discussion from ther regular session oft the City Council oft the City of Mountain Brook, Alabama held at City Hall, Pre-Council Room (A-106) on. April 8, 2024, and that the meeting was duly called and held ina all respects in accordance with the laws oft the State of Alabama and bylaws of the City and that no formal action or votes were conducted at said work session. City Clerk, Approved by City Council April 22, 2024 J:Minutes & AsmasCamaigdaat Minutes.docx April 8, 2024 224 MINUTE BOOK9 93 MINUTES OF THE: REGULAR MEETING OFTHE CITY COUNCIL OF THE CITY OF MOUNTAIN BROOK APRIL8,2024 [Asa a convenience, members oft the public were invited tol listen and observe in thej public meeting by Internet The City Council oft the City of Mountain Brook, Alabama meti in person at 7:00 p.m. on the gth day of April,2024 (others were allowed to listen to the meeting by way of Internet video conference). Council President Virginia Smith called the meeting to order, and the roll was called with the following results: video conference-1 virtual attendee.] Present: William S. Pritchard III, Council President Pro Tempore Lloyd C. Shelton Gerald. A. Garner Graham L. Smith Lloyd C. Shelton Absent: Virginia C. Smith, Council President Also present were City Attorney Whit Colvin, City Manager Sam Gaston, and City Clerk Heather The Council President Pro Tempore stated that a quorum was present and that the meeting was open Richards. for the transaction ofb business 1. CONSENT AGENDA Council President Virginia Smith announced that the following matters will be considered at Approval oft the minutes of thel March 11, 2024, regular meeting oft the City Council 2024-058 Authorize the sale or disposal of certain surplus property 2024-059 Award the bid [B-20240215-911) fort the Mountain Brook Fire 2024-060 Approve the rate of] pay fori indigent defense services for the 2024-061 Approve the establishment of a native plant pollinator habitat at 2024-062 Re-appoint Jenifer G. Kimbrough to the Board of Education one time on the consent agenda provided no one in attendance objects: Exhibit 1, Appendix 1 Exhibit 2, Appendix 2 Exhibit 3, Appendix 3 Exhibit 4, Appendix 4 Exhibit5 5, Appendix 5 Station No. 2t to Stone Building LLC Mountain Brook Municipal Court Memory Triangle with the term of office to end May 31, 2029 Thereupon, the foregoing minutes and resolutions (Nos. 2024-058 through 2024-062), were introduced by Council President Pro Tempore Pritchard and a motion for theiri immediate adoption made by Council Member Graham Smith. Thei minutes and resolutions were then considered by the City Council. Council President Pro Tempore Pritchard seconded the motion to adopt the foregoing JMinutes & AtmdasCamandiAt020As Minutes. docx April8,2024 MINUTE BOOK94 225 minutes and resolutions. Then, upon the question being put and the roll called, the vote was recorded as follows: Ayes: Nays: Abstained: William S. Pritchard III Graham L. Smith Gerald A. Garner None None Council President Pro Tempore Pritchard thereupon declared that said minutes and resolutions (Nos. 2024-58 through 2024-062) were adopted by a vote of3-0 and as evidence thereof CONSIDERATION OF ORDINANCE (NO.2159). AMENDING CHAPTER 121 OF THE CITY Council President Pro Tempore Pritchard introduced the ordinance in writing. It was then moved by Council Member Garner that all rules and regulations which, unless suspended, would prevent thei immediate consideration and adoption of said ordinance be suspended and that unanimous consent to thei immediate consideration ofs said ordinance be given and that the reading ofthe ordinance at length be waived. The motion was seconded by Council Member Graham Smith and was he signed the same. 2. CODE OF MOUNTAIN BROOK (EXHIBIT 6) unanimously carried, as follows: Ayes: Nays: William S. ("Billy") Pritchard III Graham L. Smith Gerald A. Garner None Council President Pro Tempore Pritchard declared the motion carried by a vote of3-0. After said ordinance had been considered in fulll by the Council, Council Member Garner then moved for the adoption ofsaid ordinance. Thei motion was seconded by Council Member Graham Smith. Thereupon, Council President Pro Tempore Pritchard called for vote with the following results: Ayes: Nays: William S. ("Billy") Pritchard III Graham L. Smith Gerald A. Garner None Council President Virginia Smith declared that the ordinance (No. 2159) is hereby adopted by CONSIDERATION OF ORDINANCE (NO. 2160). AMENDING CHAPTER 14 OF THE CITY Council President Pro Tempore Pritchard introduced the ordinance in writing. It was then moved by Council Member Garner that all rules and regulations which, unless suspended, would prevent the immediate consideration and adoption of said ordinance be suspended and that unanimous a vote of3-0 and, as evidence thereof, he signed the same. CODE OF MOUNTAIN BROOK (EXHIBIT 8) 3. J:Minutes & AsmdaCamdluA.DADAOs Minutes. docx April 8, 2024 226 MINUTE BOOKS 93 consent to thei immediate consideration ofs said ordinance be given and that the reading oft the ordinance at length be waived. Thei motion was seconded by Council Member Graham Smith and was unanimously carried, as follows: Ayes: Nays: William S. ("Billy") Pritchard III Graham L.Smith Gerald A. Garner None Council President Pro Tempore Pritchard declared thei motion carried by a vote of3-0. After said ordinance had been considered ini full by the Council, Council Member Garner then moved for the adoption of said ordinance. The motion was seconded by Council Member Graham Smith. Thereupon, Council President Pro Tempore Pritchard called for vote with the following results: Ayes: Nays: William S. ("Billy") Pritchard III Graham L. Smith Gerald A. Garner None Council President Virginia Smith declared that the ordinance (No. 2160) is hereby adopted by avoteof3-0a and, as evidence thereof, he signed the same. COMMENTS FROM RESIDENCES AND. ATTENDEES 4. 5. (There were no public comments) ANNOUNCEMENT Council President Pro Tempore Pritchard announced the next regular meeting ofthe City Council is April 22, 2024, 7:00p.m. ADJOURNMENT 6. There being no further matters for discussion Council President Pro Tempore Pritchard adjourned the formal meeting at approximately 7:03 pm. 7. CERTIFICATION ,Heather Richards, City Clerk of the City of Mountain Brook, Alabama, certify the abovei is at true and correct transcript oft the regular meeting oft the City Council ofthe City of Mountain Brook, Alabama held at City Hall, Council Chamber (Room A-108) on April 8, 2024, and that the meeting was duly called and held in all respects in accordance with the laws of the State of Alabama and bylaws of the City and that a quorum was present. City Clerk. Approved by City Council April 22, 2024 J:Minutes & AsmdaComanctpAp0ous Minutes.docx April8 18,2024 MINUTE BOOK94 227 EXHIBIT1 RESOLUTION: NO. 2024-058 WHEREAS, the City ofMountain Brook, Alabama, has certain items of personal property WHEREAS, Section 11-43-56 ofthe Alabama Code of 1975 authorizes the municipal NOW,THEREFORE, BE ITI RESOLVED by the City Council of the City of Mountain Section 1. Iti is hereby established and declared that the following property, as described in the form as attached hereto as Exhibit A, owned by the City of Mountain Brook, Alabama are no longer needed for public or municipal purposes and is hereby declared surplus property; and Section 2. That the City Manager, or his designated representative, is hereby authorized. and directed to sell said property by way of public Internet auction or to dispose ofs said items not sold. which are nol longer needed for public or municipal purposes; and governing body to dispose of unneeded personal property. Brook, as follows: APPENDIX1 EXHBIT2 RESOLUTION! NO. 2024-059 BEI ITI RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby awards the bid IB-20240215-911) for the Mountain Brook Fire Station No. 2in the amount of $7,690,505.00 to Stone Building LLC having been determined by the City tol have submitted thel lowest bidi in conformance with the expressed specifications. APPENDIX2 EXHIBIT3 RESOLUTION NO. 2024-060 BEI IT RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby approves the rate of pay fori indigent defense serviçes to be $300 per indigent defense attorney per court session at which he/she presides, or the amount oft the Fair Trial Tax collected fort that given month, whicheveri is lesser. This shall become effective May Ist 2024. APPENDIX3 EXHIBIT4 J:Minutes & AgendasiCouncilz02420240408 Minutes. docx Aprils 8, 2024 228 MINUTE BOOKS 93 RESOLUTION NO. 2024-061 BEI ITI RESOLVED by the City Council oft the City of Mountain Brook, Alabama that the City Council hereby approves the establishment ofar native plant pollinator habitat at Memory Triangle. APPENDIX4 EXHIBIT5 RESOLUTION: NO. 2024-062 BE IT RESOLVED by the City Council of the City of Mountain Brook, Alabama, that Jenifer G. Kimbrough is hereby re-appointed to thel Mountain Brook Board of Education, to serve without compensation, with thet term of office to end May 31, 2029. APPENDIX5 EXHIBIT6 ORDINANCENO.2159 Section 1. "ARTICLEL-I IN GENERAL Sec. 121-2. Compliance with chapter provisions. compliance with this chapter. No sign or awning shall be erected, displayed, maintained, or altered in the city unless iti is in (1) Permit required. It shall be unlawful for any person to erect, display, materially alter, or relocate any sign or awning unless such signi is in compliance with this chapter, and aj permit for such sign or awning has been issued by the building inspections superintendent, and thej permit fee required by this chapter has been paid, except for any sign for which aj permit is not required under this chapter. (2) Signs displaying commercial messages. Signs requiring a sign permit and displaying commercial messages shall be permitted only as accessory tol buildings or structures engaged in permitted institutional activities, ori inj permitted activities as evidenced by a valid business license (3) Design review required. It shall be unlawful for the buildingi inspections superintendent to issue a sign permit or awning permit until satisfactory completion of the design review process as (4) Maintenance. The owner ofany sign or awning shall maintain same, together with all sign or awning supports, braces, anchors, and messages, ing good repair, in a safe manner, and in aj permitted location, all in accordance with this chapter. Awning fabric is to be securely affixed to the frame and (5) Required signs. The street address of each of the premises ini the city shall be displayed in a issued by the city. required under this chapter. not torn or visibly soiled. legible manner in al location visible from the public right-of-way. J:Minutes & AtmdsCamenuosau2an Minutes. docx April8,2024 MINUTE: BOOK9 94 229 Sec. 121-3. Definitions. (a) Interpretations. With respect to words used ini this chapter, words used or defined in one tense shall include other tenses and derivative forms. Words used int the singular number shall include the (b) Definitions. The following definitions shall apply to the regulation and control of signs within Awning. A frame and a sheet of canvas or other material stretched on the frame and used tol keep the sun or rain offa a storefront, window, or doorway. Awnings for the purposes ofthe Chapter shall not Awning sign. Sign that isp painted on, applied to, or otherwise is aj part ofai fabric or other plural, and words used ini the plural number shall include the singular. this chapter: include residential awnings. nonstructural awning. Sec. 121-6. Requirements applicable to all signs and awnings. (a) Building code. All signs and awnings must comply with the building code, and all other applicable codes and ordinances oft the city, as such codes and ordinances are in effect from time to (b) Electrical code.. Any sign that may require electrical wiring or connections shall comply with the electrical code, and all other applicable codes and ordinances oft the city, as such codes and ordinançes are: in effect from time to time, and shall be submitted to the electrical inspector for an appropriate permit. The electrical inspector shall examine the plans and specification respecting all wiring and connections to determine ifsuch wiring, etc. complies with the electrical code, and shall issue suchj permit only if the plans and specifications for such sign comply with such codes and ordinances or shall disapprove the application ift they do not comply with such codes and ordinances. Such action oft the electrical inspector shall be taken prior to submission oft the application to the building inspections superintendent: for a sign permit. All electrical devices used in signs must be (c) Height. No sign shall exceed the height limit for buildings established in chapter 129ofthis (d) Obstruction toj passage. No sign or awning shall be erected, displayed, or maintained sO as to obstruct or interfere with any fire escape, any required exit way, window, door opening or any other means of egress, or ofa any opening required for ventilation required by the building code and all other (e) Signs in public rights-of-way. No sign or awning, other than an official sign, shall be placed ina aj public right-of-way, or shall project into aj public right-of-way, or shalll be attached to private property placed in aj public right-of-way, except as expressly provided int this chapter. Any sign or awning so placed or located except in conformance with this chapter shall be forfeited to the public and subject to confiscation and destruction. In addition to other remedies, the city shall have the right to recover from the owner ofs such sign or awning, or from the person placing such sign or awning, the In addition to any sign not specifically permitted by these regulations, the following are specifically (1) Any sign visible from aj public right-of-way that simulates or imitates in color, lettering, content, or design any traffic sign or signal, or that makes use of words, symbols, or characters ina time. inspected by Underwriters Laboratories (i.e., "ULL Listed"). Code for the district in which iti is located. provisions oft this Code. full costs of removal and disposal of such sign or awning. Sec. 121-7. Prohibited andi illegal signs. prohibited in the city: JMinutes & AsmdaCam.inp0,Asm.cas Minutes. docx April 18,2024 230 MINUTE BOOK93 manner which is likely to interfere with, mislead, or confuse pedestrians or motorists, or otherwise presents or implies the need or requirement of stopping, caution, the existence of danger, or which for any reason could be confused with any sign displayed or authorized by public authority. (2) Any sign or device designed to attract attention of the public, through motion ofany kind, (3) Any sign containing or consisting of any animated, blinking, flashing, intermittent, traveling or fluctuating lights, light emitting diodes (LED), liquid crystal display (LCD), plasma, video, or similar displays, including arrangements that spell messages, simulate motion or form various symbols or images or other illuminating devices that have a changing light intensity, brightness, or color. (Devices displaying video ofp photographs or intermittently displaying photographs are excluded from this provision for businesses whose primary commodity is photographic images; suchi is tol be considered window display ofmerchandise but may only be displayed in accordance with subsection (4) Any sign or awning at any street intersection that would obstruct free and clear vision of motorists, or that would obstruct ori interfere with a motorist's view ofany authorized traffic signal or (5) Any sign painted on, or attached to, a utility pole, column, bench, sidewalk, or similar (6) Any sign or awning erected, painted, enlarged, or structurally altered in violation ofa any (7) Any sign or awning determined by the building inspections superintendent tol be dangerous because iti is not securely affixed to the ground, or otherwise affixed in as safe, secure, and permanent (8) Any sign that has deteriorated or been damaged to such extent that the cost of reconstruction or restoration is deemed by the building inspections superintendent to be in excess of 50 percent ofits (9) Any awning whose fabrici is not securely affixed to its frame, or whose fabric is visibly faded ors soiled, or whose frame has deteriorated or been damaged to such extent that iti is deemed by the (10) Any sign identifying al business or other use no longer occupying the premises upon which it (11) Any sign whose content is determined tol be obscene, incites violence, or is otherwise without including those which: may be set in motion by wind. 121-7(1)above.) sign. structure, or painted on or attached to ai tree, rock or other natural feature. provision oft this chapter. manneri to al building or other approved supporting structure. depreciated value, exclusive of foundations. building inspections superintendent to be as safety hazard. isd displayed. protection oft thel First Amendment of the United States Constitution. (12) Any internally lluminated sign in the three traditional villages. (13) Any illuminated awning. (14) Neon signs (including, but not limited to, "open/closed" signs) on either the interior or exterior surface ofal building or window; provided, however, that neon signs or signs incorporating neon may be permitted when such signs are custom designed for the particular location upon which they willl be J:Minutes & AsmaaCamsidipa00.00s Minutes.docx April8,2024 MINUTE BOOK 94 231 Section 2. ARTICLEIL-ADMINISTRATION Sec. 121-39. Enforcement. Ifa violation ofany provision ofthis chapter specified in a written notice from the building inspections superintendent or the zoning officer to the owner of the property upon which thes sign or awning is located is not remedied by the time specified in the notice, the building inspections superintendent or: zoning officer shall use all available means to remedy the situation and may direct the city attorney to bring a civil action to remedy the violation. Any reasonable expenses incident to such removal shall bej paid by the owner of thej property to which such sign or awning is located. The building inspections superintendent shall be responsible fori inspection of all signs and awnings to Sec. 121-43. Removal of unsafe signs and unsafe or poorly maintained awnings. The building inspections superintendent shall require any sign or awning fabric or frame that is an immediate danger to persons or property tol be removed by the owner of the property upon which the sign or awning fabric or frame is located within 48 hours of written notice to: such owner. The building inspections superintendent shall require any sign that is not in immediate danger to persons or property, but otherwise impinges upon the public health, safety, or general welfare, or is, in the opinion oft the building inspections superintendent, structurally unsound or unsafe in any way, to be removed, repaired, replaced, or secured, in compliance with the provisions oft this chapter, by the owner of thej property upon which the signi is located, within 30 days of written notice to: such owner. Thel building inspections superintendent shall require any awning that does not comply with the provisions oft this chapter (fabric in clean condition and securely affixed to the frame) to be removed, repaired, replaced, cleaned, or secured, in compliance with the provisions oft this chapter, by the business owner of the awning, within 60 days of written notice to such business owner. Sec. 121-42. Inspection. determine compliance with the provisions oft this chapter. Sec. 121-44. Removal of prohibited signs and awnings. Thel building inspections superintendent shall require any sign or awning for which no permit has been issued, or that is specifically prohibited by this chapter, to be removed by the owner oft the property upon which the sign or awning is located, within 60 days of written notice to such owner; unless an application is made to the Village Design Review Committee fort the next available agenda and said sign or awning is approved by said committee in accordance with thej provisions oft this chapter. Otherwise, ift the sign or awning is not removed within said 60-day period, the city may, but shall not bei required to, have such sign or awning removed and such owner must reimburse the city for the cost Ifafter 60 days of written notice of an awning violation of the provisions of this chapter, the business owner has not complied with the written notice, ai fine shall be imposed on the business owner at the time of annual business license renewal, plus an incremental fine for each month oft non-compliance between the expiration oft the 60-day written notice and the annual business license renewal date, in The zoning officer shall be responsible for receiving applications and fees for sign and awning permits, for conducting initial staff review ofs such applications for completeness, for advising applicants that they are encouraged to appear before the villages design review committee on behalf of their applications, for forwarding such applications to the village design review committee for review ofs such removal within ten days of thei removal ofs such sign or awning. accordance with Section 14.1 of the municipal code. Sec. 121-62. Responsibility. J:Minutes & AsmaCamsioIACDAous Minutes. docx April8,2024 232 MINUTE BOOK93 and fori issuing sign and awning permits when all required procedures and approvals are satisfactorily completed and fees paid. Sec. 121-64. Application procedure. Application for a sign permit or an awning permit shall be made upon thei form provided by the zoning officer and shall contain, or have attached thereto, the following information: (1) Name, address, and telephone number of applicant; (2) Name, address, telephone number andj proof of business license of person or company who (3) Address ofb building, or property upon which sign or awning is proposed to be erected; (4) Written consent, oft the owner oft the property on which the sign or awning is to be located, shall erect the sign or awning; fore erection or placement ofs sign or awning; (5) Copy of the approved master sign plan, ifapplicable; surrounding area and of nearby signs or awnings; (6) Photographs of adjacent buildings and/or sites clearly showing the character of the (7) Photographs of the building or site on' which the sign or awning is proposed to be placed; (8) Scaled, dimensioned drawing of the proposed sign or awning; (9) Scaled drawing ofbuilding facade, showing the actual size and location of the proposed sign ora awning in proportion to and ini relation toi the existing building or the building tol be constructed; (10) Information regarding method ofc construction and placement of sign or awning; (11) Description or samples of sign or awning materials and colors; (12) As part oft the permit application for any awning or awning sign the applicant shall sign an acknowledgement and agreement tol keep the awning clean andi in good condition, in accordance with the provisions oft this chapter, and acknowledging that the city retains the right to have the awning or awning sign removed for non-compliance with the provisions ofthis chapter, at the business owner's (13) Other information the zoning officer may require to demonstrate full compliance with all expense; applicable provisions oft this Code. Sec.121-65. Initial staffreview. The zoning officer shall review all sign or awning permit applications for compliance with this chapter, and shall forward all complete sign or awning applications to the village design review committee for placement on the next agenda. Sec. 121-66. Design review- Generally. The village design review committee shall, inj public meeting, review all sign and awning applications as to compliance with the provisions ofthis chapter and for compatibility with its design guidelines J:Minutes & AsmascCamapipagpous Minutes. docx April8,2024 MINUTE: BOOK94 233 and the theme and overall character to be achieved in the area. Because signs and awnings are sO nearly aj part oft the buildings to which they are attached or pertain, the village design review committee shall assure, through the review process, thats signs and awnings are appropriately fit to, and are noti incompatible with the architecture of, their host premises. The village design review committee shall report its approval or denial oft the application to the building inspection superintendent, who shall noti issue a sign permit or awning permit without approval of the application by the village design review committee. Sec. 121-67. Same-Time limitation. Ifwithin 45 days (or such longer period oft time as may be agreed upon by the applicant and the village design review committee) ofthe applicant's submittal to the zoning officer ofa complete application for a sign permit or awning permit, including all required information and materials, the report of the village design review committee is not submitted to thel building inspection superintendent, the application shall be considered approved by the village design review committee as submitted, and the building inspection superintendent shall issue a sign permit or awning permit if all other requirements of this chapter have been satisfied and the appropriate feej paid. Sec. 121-68. Fees. Each sign or awning permit application shall be accompanied by a check made payable to the city or cash in an appropriate amount, as established by resolution of the city council. This fee shall defray the cost of processing sign or awning permit applications, and shall be charged in addition to any building permit fee, electrical permit fee, or any other fee associated with the approval ofaj proposed or existing development. Incidental and temporary signs shall not require a sign permit or payment of as sign permit fee Sec. 121-69. Time limitation, sign permit. Ifthe work authorized under a sign or awning permit has not been completed within six months following the date ofissuance, such permit shall become null and void and any partial construction removed by thej permittee. Sec. 121-70. Revocation. Thel building inspections superintendent is authorized and empowered toi revoke any sign or awning permit upon failure of the permit holder to comply with any provision of this chapter. Sec. 121-99. Required. A development site containing an existing or proposed office park, shopping center, building, or group ofbuildings that contains multiple businesses, institutions, or other arrangement of multiple nonresidential uses shall have ar master sign plan which, ifn not approved as part ofar master development plan by the city council or planning commission as part oft the: zoning or rezoning of the site, shall be subject to approval byt the village design review committee, prior to application for any sign or awning within its boundaries. All sign or awning permit applications pertaining to such development sites shall be reviewed inl light ofs such approved plans. Sign and awning permit applications reviewed under authority ofar master sign plan shall be subject to the following: (1) All general business signs existing prior to submission oft the master sign plan, whether or not such: signs conform to the provisions of this chapter, shall be counted toward the permitted aggregate display area of general business signs. J:Minutes & AtmasCaman2pA0.Das Minutes. docx April8 8,2 2024 234 MINUTE BOOK93 (2) The master sign plan shall apply to all businesses within aj related project, even ifthe (3) The master sign plan may be more restrictive with: respect to sign or awning size and properties have been subdivided. Sec. 121-102. Content. placement, than seti forth in article Ioft this chapter. A master sign plan shall consist ofas site plan of the development site, and building elevations, ata scale of no less than one-eighth inch equals one foot zero inches, showing: (1) The location of buildings, parking lots, driveways, and streets, and building elevations. (2) Sign bands and other sign and awning locations on buildings, as applicable. (3) Dimensioned locations and sizes ofa all general business signs and incidental signs, existing and proposed, by type ofs sign, as well as all awnings, existing and proposed. Sec. 121-103. Amendment. Application for amendment to a master sign plan shall be made only by the owner of the development site or an authorized agent, and shall include written evidence of approval oft the amendment from all affected tenants. Signs and awnings subsequently made nonconforming because of an amendment toa master sign plan shall be brought into compliance with the amended plan within 180 days following approval oft the amended plan. Sec. 121-135. Conditions. Any sign that is not specifically permitted, or that does not comply with all provisions oft this chapter, yet which lawfully existed and was maintained. as such as oft the effective date oft this chapter shall be considered ai nonconforming sign; the same does not hold true for an awning that does not comply with all provisions ofthis chapter; all awnings (existing or new) are subject to the provisions ofthis chapter. Sec. 121-136. Alteration. Ar nonconforming sign shall not, after the effective date ofthis chapter, be enlarged, structurally altered, or extended unless such sign shall be made to comply with all the provisions ofthis chapter. A nonconforming sign may not be replaced by another nonconforming sign. Minor repairs and maintenance of nonconforming signs, such as repainting and electrical repairs, shall be permitted. However, no changes in1 the location, size, or shape of any nonconforming sign shall be permitted except to make the sign comply with all provisions oft this chapter. This provision does not apply to 3. Repealer. All ordinances or parts ofordinances heretofore adopted by the City Council of the City ofl Mountain Brook, Alabama that are inconsistent with the provisions of this ordinance are. hereby 4. Severability. Ifany part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, suchl holding shall not be construed to invalidate or impair the remainder oft this ordinance, which shall continue in full: force and effect notwithstanding such holding. 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication awnings or to awning signs." expressly repealed. as provided by law.: J:Minutes & AtmdsCamadA.DAAa: Minutes.docx April 18,2024 MINUTE BOOK94 235 EXHIBIT7 ORDINANCE NO.2160 Section 1. "CHAPTER 14 -FEES Sec. 14-1. Fees. The fees tol be paid to the city for the service, license or permit indicated shall be. as follows. The presence ofa feei int this section without ai requirement elsewhere int this Code that the fee bej paid shall be construed asar requirement that the fee bej paid. CHAPTER 121 SIGNS. ANDAWNINGS 121-68 Sign and Awning Fees: Plus an issuance fee for signs of 50.00 Plus an issuance fee for awnings of Where the value ofconstruction is $1,000.00 or more (per $1,000.00 or fraction thereof) Plus additional $1.00 fee per $1,000.00 ofv value ofnon-residential construction as required by Ala. 10.00 100.00 Act 2015-308 121-44 Fines for non-compliance with 60-day awning violation written notice, to be collected at annual Initial fine upon expiration of written 60-day compliance notice 500.00 Additional fine for each calendar month of non-compliance after initial 60-day written notice business license renewal: period. repealed. 50.00 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 hereby expressly 3. Severability. Ifany part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed toi invalidate or impair the remainder ofthis ordinance, which shall continue in full force and effect notwithstanding such holding. 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication as provided by law. J:Minutes & AsmascComap2ADAAas Minutes. docx April8,2 2024 MINUTE BOOK93 Monitor Montor Monitor Monitor Monitor Monitor Monilor Montor Monitor Monitor Monitor Monitor Server Server DiskP Publisher 2100801283 Typev Writer BadgeF Printer B3350399 Shreader 3CQ45218KK CNC304QNY5 CNC911QWL CNON445N 37507303GA CNOD3073 CNOWSHWR CNC931NTRT CNK3200DFY ET1729L7UWA CNK3119GOP 720 2432 Nos Serialn number 1080941 XA34955H HP Dell NEC Dell Dell HP HP ELO Spectracom Spectracom Bravapro IBM Royal Sovereign Coins Sorter HID Swinglne JMinutes & AsmdaCamiduACDADOs Minutes.docx April8,2024 B-20240215-98 MINUTE BOOK 94Mountaint Brook Fires StationN No SECTIONO 0093 37BIDF FORM STIPULATEDS SUMO (SINGLE- PRIMECONTRACT) DOCUMENTO 004113-1 BIDFORM- STIPULATEDS SUM( (SINGLE-PRIMEC CONTRACT) 1.1 BIDINFORMATION Bidder:, StoneB Bulding, LLC ProjectN Nae:) Mountain BrookF Fires StationNo2. Owner: Cityo ofMountain Brook. OwnerP Project Number B-2024 0215-911. Architect: Barrett Architectures Studio. ArchitectP Project Number: 22-011. CERTIFICATIONS ANDBASEBD Project Location: 31000 Overton Rod, Mountain Brook, Alabama, 35223, UnitedStates. 1721 144236290 7435800.00 7.156.47.09 Base Bid, Single-Prime (AII Trades) Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contrct, Drewings, Specifications, and all subsequent Addenda, BS prepared by Barrett Architecture Studio andA Architect'iso consultants, having visitedt thesite, andbeingf familiary with allconditions and requirements oft the Work, hereby agrees tof fumish all material, labor, equipment and services, including all schedled allowances, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Thea above amount mayb ber modifiedb by amounts indicatedb byt theE Bidder ont hes attacbed Documento 004322" "UnitF PricesF Form" andDocument 004323" "Altemates Form," Theu undersigned Biddera agreest to executea acontractf fort this Worki int the abovea amount andto fummishs surety as specifiedw within 10daysa aftere ewritten Notice of Award, ifofferedy within 60 daysa afler receipt ofbids, andonf failuret tod doso agreest tof forfrit to Owner thea attachede cash, cashier's check, certifiede check, U.S. moneys order, arb bid bond, asli liquidatedd damnges fors such failur, intbef following smounto constitutingf fivep percent(s)ofthe BaseB Bida amount above: Inthee event Owner does notoffer Noticec of/ Award withint thet timel limits stateda above, Owner will returnt totheu undersignedt the cash, cashier's check, certified check, U.S. money order, or Documents, tetd ty six trd scvintus stuenloo Dollars(S 7.556H75 SHNS TonT Thousanda andoo/100 Dollars (S 10,000.00 bidbond. 004113-1 Mountain Brookl Fires Station No SECTIONO BIDF FORM STIPULATEDS SUM( (SINGLE- PRIMEO CONTRACT) Mountainl Brook Fires Stationl No SignedBy: Justin Drummond Tide: President "--/QMVAnaAA Attest: Mr.frctDaummanod TAICResiacat Street Address: 8011Liberty Parkway, Sulte201 City,Suate,Zip: Vaslaviak His, AL35242 Phone: 205-328-8300 M. License No.:_ ENDOFI 004113 004113- BIDFORM STIPULATEDS SUM(SINGLE- PRIMEC CONTRACT) (lypeorprintname),. Omerabwahuidmvser President). (Handwrittens signature). (Handwrittens signature). (Typec orprintname). (Corporate Secretary orA Assistants Secretary). ANDS Subcontractors andSuppliers! listtobep provideda afern receipto ofbids. TIMBOFO COMPLETION Theu undersigned Biddery anda agrecs hercbyt to commencet the Work ofthe Contract Documents ona dates specifiedi inal written Notice to Proceedt tobei issuedb by Architect, and shallf fullye completethev Work within3 365c calendard days. OF ADDENDA The undersigned Bidder acknowledges reccipt ofa andu use ofthef following Addenda in the prepurationo ofthis Bid: No.1 1,dated 2024 Addendum! No.2 dated March8.2024 Addendum! No.3 dated 8,2024 Addendum, No.4 dated 1.7 BIDS SUPPLEMENTS Thef followings supplements areapartofthis Bidi Form andarea attachedh hereto. BidForms Supplement- -004323 Alternates Form. BidForms BidForms Supplement- 004321 Allowmmees Form. BidForms Supplement- BidB Form( (AIAI DocumentA A310-2010). Section0 004213a-1 Proposal Form/ Attachment- Sales Tax Copyo ofGeneral Contractor'sl License. CONTRACTORSLICINSE The undersigned further states that duly licensed proposei, in State ofA Alabama, and that all fees, permits, etc., pursuant to submitting this proposal haveb beeng full. SUBMISSION OFE BID Respectfullys submittedt this2 20 dayof_ Merch 2024. SubmittedBy: Stong Build Authorizeds Signaturee tl 004322 UnitP Prices Form. BidE Bond. for the type of work (Namec ofbifdingf firmo orcorporation). (Handwrittens signature). J:Minutes & AndaComaiouo2o.nt Minutes. .docx April 8, 2024 WITHADDENDUMNOS SECTIONO 004322- UNIT PRICESFORM Mountain Bro38utionNo.2 SECTIONO OMIMINUTE BOOK 9Bountaint BrookF Fires StationNo PROPOSALF FROM ATTACHMENT- -SALES TAX DOCUMENTO 004322- UNITF PRICESFORM BIDI Bidder: StoneBuliding, LLC Project Naroe: Mountain Brook Fires Station? No2. States, Owner: Cityo ofMountainE Brook. Owner Project! Number: B-20240215-911. Architect: BarrettA Architectures Studio. ArchitectP ProjectN Number:2 22-011. SUPPLEMENT Thisf formi srequiredtobes attachedtothel Bidl Form. UNITI PRICES Unit-PriceNo. Removalo lofUnsuitable materiale lendE ExcessT Topsoil. SiXirimand 09loo Unit-PriceNo.2 2: Replacemento ofunsatisfctorys soil with EngineeredFll. Twtwty and solios dallm20.00 Jperunit. SUBMISSIONOFI BIDS SUPPLEMENT Respectfillys submittedt this_ 20 dayof_March 2024. Submitted By: SioneBurguc corporation). Authorizeds Signahurer_ SignedBy: JuainD Drmond Title: President SECTION004213a ACCOUNTING OFS SALESTAX Attachmentt toP Proposal Form-s Section0 004213 To: Cityo ofMountainE Brook Date: March20, 2024 Nemeo ofProject: MountainE Brook Fires Stationl No.2 salest tax NOT includedint thebidproposalf forma asfo follows: ESTIMATEDS SALES1 TAXA AMOUNT BASEE BID: ALTERNATENO. 1: ALTEKNATENO.2: ALTERNATENO.3: 4: ALTERNATENO. Legal NameofBidder lanes *By (leglSignatipsy 4447 *Names (typec orprint). Justy/Drummond *Tite_ President Telephone Number_ 205-328-8300 ofthek lowestn responsibles andre responsive bidder. Project Location: 2320 Highlnd Ave. Souths suite 250, Birmingham, Alabama, 35205, United SALEST TAXA ACCOUNTING: PursuanttoA Act2013-205, Section 1(g)the Contractora accountsf forthe 1.2 $154,014.00 6437.00 740.00 117H.00 989.00 dolla(..00 perunit. (Insert name of bidding fim (Handurittent signature). (ypeorprintname). OmsPruwfhuidaivial President). Failureto top providea ana accountingo ofsalestaxs shalln rendert theb bidnon-n responsive. Otheru thand determining responsiveness, salestaxa accountings shallnota affectt theb bidpricingnor! beconsideredin inthede determination 1H 004213a- 004322-1 REISSUEDW WITH SECTIONO 004322- UNIT PRICESE FORM Mountain Brook Fires Station) No 2 ENDOFI DOCUMENTO 004322 Mountainl Brook Fires StationNo DOCUMENTO 004323- ALTERNATES FORM BIDINFORMATION Bidder: StoneBuilfing. LLC Primec Contract: NA Project Name: Mountain BrookF Fires Station No2. States. Owner: Citye ofMountain Brook. Owner Project Number B-20240215-911, Architect: BarrettA Architectures Studio. Architect ProjectN Number: 22-011. BIDFORMS Thisf formis isrequiredt tobes attachedte totheE BidForm. DESCRIPTION Theu undersigned Bidder proposest the amount below bea addedtoord deductedf fromt the) BaseE Bid ifparticnlars alteratess area accepted by Owner. Amountsl listedf fore cacha altematei include costsof related coordination, modification, ore adjustment. Ifthen alternated doesn nota affect the Contracts Sum,t theE Bidders shalli indicate" "NOCHANGE." Ifthe alternate does not affect the Work oft this Contract, the Bidder shalli indicate' "NOT APPLICABLE." The Bidder shallb be: responsible for determining fromt the Contract Documents the affects of eacha altemateo ontheContract Timca andthe Contract Sum. Owner ther righi tos Eccepto orr reject anya alternate, inanyo order,a andt toa awardo ora amend the Contract mccordingly within 60 dayso oftheN Noticed of Awardu unless otherwise indicatedin theContractD Documents. Acceptance or non-acceptance of any, alternates by the Owner shall heve no affect on the Contract Timeu unlessd the" "Scheduleo ofA Altemnates", Articleb belowp providesaf formatteds spacef for theedjustmento ofthe Contract Time. SECTION004323- ALTERNATES FORM ProjectI 23201 Highland Ave. Souths suite2 250, Biringham, Alabama,3 35205, United J:Minutes & Agendas/Council2024120240408 Minutes.docx April8,2024 004323- Mountain! BrookF Fires Station/ No SCHEDULEOFA ALTERNATES Alternate.No. 1:Finisho out2 2ndFloor: ADDX DEDUCT NOCHANGE NOTA APPLIÇABLE Twow ADDO DEDUCT calendard daystoadjustth theContractT Timef fort thisa alternate. AlternateN No.2 Infrareds Sauna . ADDX DEDUCT_ NOCHANGE NOTA Thiriu Rours ADD DEDUCT_ NOCHANGE calendar daystos sdjust the ContractT Time forthis alternate. No.3 3:Dorm Fumiture ADDX DEDUCT NOCHANGE_ NOTA APPLIÇABLE ADD DEDUCT NOCHANGE calendar dayst toa adjust the Cantract Time forthisal alternate. No.4:E Brick Paversa SidewalmdPatio: ADD X DEDUCT_ NOCHANGE NOT APPLICABLE ADD DEDUCT NOC CHANGEO calendar dayste toa adjustt the Contraet Time fort thisaitemate. Alternate No. 5:Asphaltics SealCoat ADDX DEDUCT_ NOCHANGE_ NOTA APPIJCABLE FNe ADD_ DEDUCT NOCHANGE 0 NOT APPLICABLE SURMISSION OFE BIDS SUPPLEMENT Respectfullys submittedt this 20 dayof_March 2024. Submitted By: StonBwidngyIC corporation). Authorizeds Signature Handwritten signature). SignedBy Justino Drummong Title: President ENDOFD DOCUMENTO04323 EETONPOMMINUTE BOOK 94oumhint Brook! Fires Station? No SE319N004321: ALLGWANCEFORM ALTERNATES: FORM Dollars( (S Dollars (S 1790 Dollars( 58.7475 Dollars( (19. 4459). DOCUMENTO 004321- ALLOWANCEFORM 1 BIDINFORMATION Bidder: Stone Buiding. LLC Project NamerN Mountzin Brook Fires Station) No2. Owner: Cityo ofMountain) Brook. OwperP ProjectN Number: B-20240 0215-911. Architect: BarrettA Architect Project Number: 22-011. BIDFORMS SUPPLEMENT Thisfo formis isrequirediobes attachedtothe BidForm. The undersigned Bidder certifiest that Base Bids submission to this attachedi includes Section 012100" "Allowances." 1.3 SCHEDULEOF Allowance No.1 1:Soil, Quantity Allowances $115,2.00" Allowance No.2:Radio, Lumps Sums30.0009 Allowance No.3 3:General Contingencys 25.00099 AllowanceN No.4 4: Muralss 20,00 Allowance No.5 5:1 Infrareds Saunas 4o 000 Allowance No.6: FrontD Door Palls Set$2. 000" SUBMISSION OFE BIDS SUPPLEMENT Respectfullys submittedt this 20 dayo of_ March 2024. Submitted Bys Stone Building. LLC corporation). ProjectI Location: 31000 Overton Road, Mountain Brook, Alnbama, 35223, Uniteds States. Studio. which Bids Supplementi is those allowances described int the Contract Documents ands scheduled in Dolla($5.5l0 ame of bidding fimm or (Typeo orprintname). Omafhamerhadaviel President). (Insert name of bidding fim or 004323- 2 004321- Mountain Brook Fires StationNo C. AuthorizudSignatu SignedBy: JuslinDrummghs Tide: President ENDOFI DOCUMENTO 004321 SECTIONO 004321- ALLOWANCE FORM Luandwrittens signature). (Pypeorprintname) DmePasusfhesdevlel President). Document A310'-2010 AIA Bid Bond CONTRACTOR: (Name. galauneanlailhna) (Nune, Buldinglc s0LbeyPeiy, tavial il, AL35242 OWNER: (Name, lega/sialsa andaddress) Brook Mountain BONDA 411 SURETY: lfary) 2024103 vhie he Surety bindt their heirs, ads cepts ime the Owne Owneri ofthe ot the wner, fort thef aithful ofsuch Contract prompl) payment abor maierial the thed difference, not toe the amoent ofthis larger amount forw theOwner mayir pedorm! hew vork saidbid, thent this forces ande effect. The Surery! by" anys notice the ontractorto xtend thet maye cceprt Surety shallp oany extension xceeding ixty (60) aysi beyondche timef fura bids specifiedir bidd nd he Owners Comtrctor shall obtaint the! Surety's consentf forane extensiont beyondsixly (60)d days. Ifthis Sondis issuedi inconnection ons witha suboontrastor's bidton Contructos, thet Con ntractori thisE Bonds shallb bed deemedt bes Subcontractor andthet Owners shallbe tobe TheContractor Surety areb bound thec Owmeri then forthe ebove, forthe J:Minutes & EmAsCAmal4AQD,0O: Minutes.docx 1D84 1970-nd2010. 004321-2 240 Whent this MINUTE BOOK93 Certification of Document's Authenticity AIAP Document D401-2003 crestedt feuttachedfi finald doouments simuluneouly witht this No. fromA ettechodfnald documentbyw Ah5 Attorney-in-Fact Tule) 031472024 (Dared) 14th deyof Mardh ,WillamM M. Smith, Attorury-in-Fact hereby cenify, tothebestofr myk knowledye. informationa undb belief, thetl nochengest original texto AIA" A310TM. 2010, BidB othert thand chargess showni inthe on 03/14/2024u under Order ndthatin preparingrhen fingld document! mude striking ovor dolotedioxt. Maryland (Sea!) Smith, Atlorey-in-Pact ZURICHA AMERICANI INSURANCE COMPANY COLONIALA ANDS SURETYO COMPANY FIDELITYA DEPOSITO COMPANY OFN MARYLAND POWEROFA ATTORNEY KNOW ALL BY1 HESEP ThatdeZURICHA York, MERICANO CASUALTY ANDS SURETY COMPA) thes Muray, Vice W.E EDWARDS. hallbestiading dulye edby then regularly fork, New) the MERIC OwingsM Mills, Marylad, endther regularlye Mills, Mayled,intheiro owaproperp persons. Themidvi Vioe President doesherehys pertify thst extracts wsof Companies,a andlanowinforer. INV WIINESSY WHEREOF, thes hash AMERICAN INSURANCE FIDELITY ANDI DEPOSITC OFN MARYLAND, hi:29tdayat afSeptember, 2023. EXTRACTF FROME BY-LAWSO OF1 THEC COMPANIES vin-Fat Officer, orany Executive ViceP Presider under the sttested appoint sttomeys-in-fat wilh likr Company, nd may sealt bereto, andmay witbors without modifye frevoke CERTIFICATE of the INSURANCE COMPANY, the COLONIAL AMERICAN ANDS SURETY COMPANY, mdtheF FIDELITY ANDD DEPOSITO COMPANY OFI MARYLAND, dob forcer dateo ofthiso andl furthers that/ Article V,Setions,or Power Atlorary mdo Certifioate may bes sigaedly facsimile unders andly authority ofte followingn resolatione oftbe Boardof AMERICAND INSURANCEC COMPANY atameetingd dulye calledandheldoet 15adaya afDecember 1998. Presidentora Vice Presidentandthest sttestingsi siguatureo ofaSerretaryo rEnA Assistant Secretery fcsimiled myP Powerof Attomey. -Anys suchPowero ormy certificate bereofk bearingsuch Compaay," Altorry and Certificaten may bes signedby facsimile under andby suthority ofthe folowingn resahetione efthe Boardof AMERICAN CASUALTYA ANDS SURETY COMPANY alan moeting duly calleda andheldoethes Sthd dayof following resolutian fthel Boarde f Directorsat ofthe FIDELITY ANDE DEPOSITO COMPANY OFM 10hd day fMay, 1990. Thatthe necbanically reprodueeds sealofthee mdfarsimiles merhaniedlly repmduceds siganture Assistants Secretary efthec Compiny, whetbern ofertoreyk issuedby theCompany, hallbev WHEREOF, y, the underigned, wer TYA ANDS SURETY copyo ofArticleV SectionB,of andeffixedthe Corpornte Sealsofbesid CASUALTY AND SLRETY COMPANY, and ( 6) AMERICAN FIDELIYA DEPOSITO May, COMPANY erafler, wherever mppearingu upona forcer ,4A duly ViceP President TOE ACLAIMV WITHE REGARDT TOASURETYI BOND, PLEASES COMPLETE DESCRIPTION OFT THEC CLAIMI INFORMATION7 TO: Zurichs Surety Claims 1299Zurichy Way Schatmburg, IL60196-1 1056 BOD-626-4577 Authentieltyo ofthlb ponde cant bee confirmed THEF THEE BOND, THEB BOND: NUMBER, ANDY YOURO fenevievel MI Maison Minutes & AEMCApIDDIDDON Minutes.docx ofthisk bonde canbre Authenticity April8,2024 MINUTEI BOOK 94 Fires Staton! No. 2Project (B-2 20240215-911) StoneB Building CoF Financlals Statement Review CurrentA Assets FixedA Assets, Net Goodwill OtherR Receivables TotalA Assets CurrentL Labilities Member Equity Liabilitiues andEquity CurrentR Ratio Contractori Income Jobo Cost GrossP Profit Operating Expenses Operating Profit Otherl Income OtherD Deductions Net! Income BeginningE Equity MemberD Distributions Ending Equity 241 2023 2022 2021 38,724,175 $ 33,268,884 $ 21,402,802 482,803 404,816 282,462 17,724 24,813 31,902 230,000 39,454,702 33,698,513 21,717,166 35,845,649 $ 32,227,971 $ 16,997,760 3,609,053 1,470,542 4,719,406 39,454,702 33,698,513 21,717,166 1.08 156,418,014 $ 119,074,320 $ 72,650,406 150439.431 115.056.824 69,407.359 5,978,583 4,007,496 3,243,047 2.103.407 1.762.067 1.645,183 3,875,176 2,245,429 1,597,864 489,370 (136.035) 4,228,511 2,201,136 1,581,034 1,470,542 4,719,406 3,858,372 (2,090,000) (5,450,000) (720,000), 3,609.053 1470.542 4.719.406 2 1.03 1.26 46,592 2,350 190.8851 (19.1801 Reviewed FinanclalStatementsi werep prepared by) Jones8 &K KirkpatrickPC. Basedo onn myr reviewd ofthef financials statementsp providedbyn MichelleP Popwell, Controiler,in myo opinion,t the Contractorh hast thef financial capacityt top performt thef Fires StationN No.2 2project especially consideringt thep project providesf for paymenta andp performance bonds. Rbne 04/04/2024 :City Council Action em120240402024V024: StoneB Building Financials Statements Synopsis.xisx J:Minutes & AsmdaCamcipuCDAAOs Minutes.docx April 8, 2024 CITYOFM MOUNTAINE BROOK P.0.Box1 130009 Alabama35213-009 Telephone: 205.802.2400 MINUTE BOOK93 Memorandum Date: Apri15,2024 To: Mayor/City Council Subject: IndigentI Defense Pay From: Heather! Richards, City Clerk Allcourtsw withint thest statea arer requiredto providec counselt toi indigent defendants. Atthe municipalle level, thesein indigentd defensea attorneys (Public Defenders) arepaids solelyf fromt theF Fairl Trial Tax. (Thec cityd doesn notpayf fori indigenta with cityf funds.) TheF FairT TrialT Tax, among other things, arec collectedf fromt tickets andm misdemeanor cases. Historiçally, ourP Publicl Defendersf filled outan formir ino ordert to getn reimbursed.1 Thisf formi isg generated bythes state andisu utilized by Circuita andI District Courts. Thef forms specificst thatal Public Defender cand onlye charge $70anb hourper Our Judgea andN Magistrates Supervisor would liketoo offert the Publicl Defendersa aflatf feeas opposedt tot the Attomey! Feel Declaration ofS70anb hourp perc client. Concemedy witht thel legalityo of choosingaf flat foev versust thes attorney! feed declaration, Ihado our Magistrate Supervisor conduct research. Shes spoket toE ErickI Lockev witht theA Alabama Officeofc Courts ando Christopher Roberts ofthe Officeof Indigents Services. Theyb boths statedt thate cachr municipality cand choosel howt theys would! liketopayt their indigent council." Thea attorneyf feed declarationf formi isnotp necessarya atthem municipall level. Thep proposal: $300perP Publicl Defender, pur courtd date (Wecurrentlyl havet twop publicd defenders andfouro court datesan month)N Monthly cost: $2,400 Wet typically collecta around $4,000an month forthel FairT TrialT Tax;h however,t thereo couldbealow month. Then resolution canbew wordedir ins sucha awayt thatw wec could pay's $300p perc courts sessionp pera attorey OR thea amounto oftheF Fairl Triall Taxe colloctedf fort thatn month, whicheveris isk lesser.( (Anythingl lefto over fromt theF Fair Triall Taxo afterp payingt the Public Defenders,i issentb backiothest state) Ialso asked our Magistrate Supervisort tor reacho outto tot then neighboringo citiestos scev where they standr regardingt theiri indigentd defensep pay. Herea aretl theresults: has:2 2indigenta attorneys (totalp paids $6,000an month) Trussville- -hasl indigenta attomey (total paids $3,500a1 month) -Homewood- -hass several attorneys (pays $105 perz attorey pero courti might) Ifapproved, wew wouldl liketos starti in' Mayw witht thef flatf fee.1 Them main pointst toc considera are: 1. Thisb basa aneutrale effecton Mountain Brook financially (Thisispaids solelyf fromt theFairT Trial Taxc collectedf fromti ticketsa aodr 2. AOCa ando OISs statedi itisuptothen municipalityt todeterminei indigentc counselp pay. Wew willensurev wed donoto outspendt theF FairT Triall Taxf fundo collectedf forthatg givenn month. Thisk keepsu us competitivev witho ourn municipalc courtsr regardingi indigentd defense pay. attomey feed client. cases). J:Minutes & Agendas/Councir20240408 Minutes. .docx April 8, 2024 CIYOEMOUNTANBHOK DanaO.E Hazen, AICP CityP 56Churchs Street MountainB Brook, Alabama3 35213 Telephone: 205/802-3816 Fax: 205.879.6913 MINUTE BOOK 94 243 MEMO DATE: April8,2024 TO: Mayor, City Council, City/ Manager, City Attorney FROM: Dana Hazen, City Planner RE: Memory7 Triangle- Pollinator Habitat Thec current sewer projecti inA Memory7 Trianglel hasl left thet tringlei ina anu uprooted vegetative state( (aka, no- grass-one-tree).. Shanda andIl haveb beenc coordinating onani ideat tot takea advantage ofthis" "cleans slate" -a plantog gob backi inv witha groundo cover thatw willb benefit pollinators, insteado ofgoing backi inv withg grass. Thep planis istou usea anatives seedn mixt thaty wills stabilizet thes soil, preventr run-off, andp providey vegetation that wills supporta widev variety ofpollinatorsa andb birds. Thep proposeds seedn mixh hasb been specifically designed for thist triangle byl Roundstone Native Seeds, thes samec companyt thatt thec cityu usedt tohelpd designt thes seedn mixf for Proposedi isal 10-footy wides semi-f formal grassyt turfs stripa aroundt thep perimeter ofthet triangle. Thiss stripi isto ber maintaineda ata ashortl heighti inordert tol keept tallers speciest awayf fromt thet triangle edgea andt thev vehicular sight lines;a alsot toe establisht thep perceptiono ofani intentional landscaping witha and orderly design. Thei interior ofthei islandy wouldb bej planted witha as seedn mixo ofnativel long-s grasses (season 1)andr native Thiso changei inv vegetation fort thet triangle would havea ar more relaxed (lessf formal) look toitt thany whath has traditionally growni int this location. Thiso concept! hass supportf fromt the Board ofLandscapel Designa andu the Environmental Sustainability committee, witht theu understanding thatit itisan" experimental", project, the outcome ofwhich, andt thep public responset toi it,isa anticipatedt to bea" "mixedn review." Itisa anticipatedthat thec cityv wouldu utilizes socialn media,t thev website, andT The Reportert tole letthep publici inonw what's! happeningi in thet trianglea andw why, ande emphasizel howit ittiesi inv with1 thec city's Bee Cityl USA program. Thisp planc coulds servea asa ani interims solution whilet thec citye explores thei ideao ofan morep permanent andf formal formo ofap pollinatorleaching pedestriang gardena at Memory7 Triangle, oritn mays scrvea asamorep permanent approach, oritr may! bes scrapedi ifitp provest tobeu undesirablei inthel longr run. Thet totalc costf fort! thec clover, grasses, millet, andv wildflower blendi is$400.00. Seea attachedi illustrationsf for species" "visuals" andf foralisto ofthep proposed seedn mixf from Roundstonel Natives Seeds. then recent) Jemison! Parkr restoration. windflowers (blooming ins season2). b0 S ges.docx 2024 244 MINUTE BOOK93 a a m! ul l lifates. lB NN docx April8, 2024 MINUTE BOOK94 245 Minutes & Agendas 246 MINUTE BOOK93 docx April8.2024 MINUTE: BOOK94 247 2024F0240408 Minutes. docx 248 MINUTE BOOK 93 AMinutesd Agendas Councin02420249 Mig docx MINUTE BOO 249 Memory Triangle- Center Wildflower. Zone Proposed Maintenance Schedule for3 Years (Recommended byl Roundstone Seeds) Year1&2 Year3-on After planting, monitor site occasionally to seei if any weeds develop. Ifa problem develops Roundstone cann make suggestions oncei itisd determined whatis 1S happening. InSeptember, mowt thea areat to about 8"-12"h high. Monitors sitef for weeds. Spot treat weedsy witha ag glyphosatei ifnecessary, About every3 years (not the3 3rdy yearf following planting), lightlyo disturb thes soilt tol keeps grasses fromd dominating. Dothisl latev winter/earlys spring. Itwillr needt tob be mowed oncea as year. Ifitl looks attractive going intot the winter, thenr mowi in early spring. Ifnot, mowi inlatef fall. Thisi istheb basics schedule. Ifyous seea particular problem Roundstonev willa assisty witha advice. JMinutes & AsemdhaComandipA.ous Minutes.docx April8,2024 250 MOUNTAINE BROOK SCHOOLS chavlaatinpgigph MINUTE BOOK 93Mrs. Kimbroughi isa availablet ton meety witht the City Councili ifyoud deemit itr necessary. Thank you fory youro considerationi inthisn matter. Verytrulyy yours, J-ffreyB Brewer, VicePresident AliclyDames 57 April8,2024 Honorable Stewart Welch,? Mayor VirginiaC.s Smith, President Grahams Smith Lloyds Shelton Billy Pritchard, Beypail President Prol Temp Gerald Gamer Re: Mountain Brook ofEducation! Member Recommendation DearM Mayora ando Council Members: MINUTE BOOK 03 - Dipaloaren JB/cg Enclosure cc: Dt.DickyB Barlow Boardo Jenifer Kimbrough'sf first termo ont thes Schooll Board wille expirei inJ Juneo ofthisy year. Sheh has beenat tremendous assettothes School Boardo during? herte tenures andc currently servesa as Board President. Wea appreciate thet timea andc consideration1 thaty yout takeina appointing memberst tothe Board. Weares gratefult thaty youh havea askedf ford ouri inputi inthisd decision. Upony yourn request, werecommendt thatN Mrs. Kimbrough! ber reappointedt totheE Board foras second term( (2024-2 2029). Mrs.K Kimbroughi istheN Managing Director ando ChiefFinancial Officers atOakworth Capital Bank Sheh hasa alsos servedinn numerous volunteer) leadershipp positionsi including the. Junior League of Birmingham: andc Canterbury UnitedN MethodistChurch. Shec currently serveso ont the University ofAlabama Culverhouse) Board ofv Visitors andont the ProfessionalA Advisory Board Mrs. Kimbrough's2 20plusy years offinancials servicese experience, alongy with! hero otherl life experiencesa and wisdom, haves servedt theB Boardy welld duringl herf firstt term. Additionally, Mrs. Kimbrougha andh herh husband, William, arew welly vestedinthed dayte tod dayli lifeo ofthes schools system withl her2 2children, Henry (10) and Mary Evelyn( (9"). forti thes SchoolofA Accountancy. effective challenging engaging www.r mtmbrokk12.al.us eective challenghng engaging wwwmbrokXialaus 32VINESTREET MOUNTAINBROOK, AL 35213 (205)871-4608 (205,877-8303FAX 32VINES STREET AL: 35213 (205)871-4608 (205,877-8303FAX Kimbrough Page2 Jenifer Goforthl Kimbrough,CPA Professional 850S Shades Creek Parkway Mountain Brook, AL3 35223 jenifer.k imbuOmiwerthco 205-263-4704 (0)205-999-8321 (c) PROFESSIONALI EXPERIENCE Oakworth Capitall Bank, Birmingham, Alabama Managing Director ando ChiefFinancial Officer Surgical Care Affillates, Birmingham, Alabama ViceP President, Compliance &A Audit ViceP President, Assurancea andP Process Improvement November2 2007- March2 2010 Regions Financial Corporation, Birmingham, Alabama Sr. ViceP Presidenta andA Assoc. Dir. ofInvestor Relations November: 2006- November? 2007 (post- Sr. ViceP Presidenta andI Dir.c ofInvestor Relations Ernst & Youngl LLP, Birmingham, AL Financial Services Audits Staff- Senior Manager University ofA Alabamar recruiting coordinator Trainingp program) leader Mentorp programl leader OperatedasF FedNatD Insurance Company Boardo Chair, Audit Committee Member, Compensation Committee Member, NominatingCommitee EDUCATION TheU University ofA Alabama- May 1993 CERTIFICATIONS 1994. Certificate No. 6277 Chartered Globall Management Residence 3728Locksley! Drive Mountain Brook, AL 35223 jelimbroughI@gmaile com 205-967-0221 (h)205-999-83210 (c) October2 2015- Present March2 2010-September? 2015 merger) February 2003-November: 20066 (pre-merger) Augustl 1993- February2 2003 PROFESSIONAL. ACTIVITIES: and RECOGNITION American Instituteo ofCPAs, Women's) Initiatives Executive Committee (WIEC), 2005-2008 American Woman's Societyo ofCPAs, 2004-2 2005 National President Socicty ofCPAs American Instituteo ofCPAs Thel Universityo of Alabama College ofBusiness Boardo ofVisitors 2017-present Thel Universityo ofAlabama College ofBusiness Culverhouse Connections! Mentor, 2010-2016 Thel University ofAlabama Culverhouse School ofA Accountancy Advisory! Board, 2013-present Thel University ofA Alabama 2018 Accounting Alumnil Leadership Award 2015V Women ASCI Lenderst tok Know, Becker's) Healthcare 2014V WomenA ASCI Leaderste to Know, Becker's Healthcare 2014P Peopleto tok Knowi int the ASCI Industry, Becker's Healthcare 2022B Birmingham Business Journal TopCFOA Award 20237 Top2 25CFOso ofA Alabama, Financed andl Investing COMMUNITY, ACTIVITIES Rotary Leadership Clubo Alabama ofE Birmingham, Class) XXXII 2018-present Scholarshipsf fork KidsE Board, 2019-2023 Momentum Women's Leadership Programg graduate Birmingham Area Chamber ofCommercel Projcct Corporatel Leadership graduate Juniorl Executive League ofE Birmingham, 2006-present (sustainer) Variousc councils ando committees Canterbury! United MethodistChurch Sundays schoolte teacher Mountain Finance Council BrookE Boardo ofEducation: 2019-present President 2023-24 ViceP President2 2022-23 Mountain Brook Citys SchoolsF Fundingl TaskF Force MountainE Brook PTOC Council7 Treasurer, 2015-16 Brookwood Forest Elementary PTOE Board andT Treasurer, 2013-15 boarda andF Finance VP, overseeing approximatcly SIMMb budget, 2014-15 FedNat Holding Co. (Previously NASDAQ: FNHC), Sunrise, FL April2 2009- November2 2022 Bachelor ofs Sciencei inc Commerces and Business Administration, summac cumi laude Certified Public Accountant byth the Alabama StateB Boardo ofPublicA Accountancye effectivel March2, byt theA Instituted ofCPAs, effective2 2014 J:Minutes & AsmdaCamsigupA.020as Minutes.docx April 8,2024