MINUTE BOOK94  251  MOUNTAIN BROOK CITY COUNCIL PRE-MEETING DISCUSSION APRIL22,2024  [As a convenience, members oft the public werei invited to listen and observe int the public meeting by Internet The City Council of the City ofl Mountain Brook, Alabama met informally in-person at 6:15 p.m. on the 22nd day of April, 2024 (others were allowed tol listen to the meeting by way ofl Internet video conference, 2 attendees). Council President Pro Tempore Pritchard called the pre-meeting to order and the roll was called  video conference-2 virtual attendees.]  with the following results:  Present: William S. Pritchard III, Council President Pro Tempore  Graham L. Smith Lloyd C. Shelton Stewart Welch III, Mayor Gerald A. Garner  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. Craig Ogard to speak about issues on Halbrook Lane Craig Ogard-3825 Halbrook Lane  In September of 2023, residents came before the council to petition to close the street Ap petition was signed to close the street (39 oft the 471 houses signed thej petition) The quality oflife (noise, walkability, and backing out ofdriveways) have all been affected  duet to the volume oftraffic Jaye Loggins-Police Chief Sam Gaston-City Manager Whit Colvin  The street was not designed for this volume oftraffic  Stats since 2024 (52 citations in relation tol Halbrook and 44 at the intersection)  Met with Vestavia City officials along with Virginia Smith, Gerald Garner, and City Attorney Vestavia is noti in favor ofc closing off the street from aj public safety standpoint Some other options discussed were: 1) Vestavia to extend sidewalk from where it stops south of the post office tol Mountain Brook and then Mountain Brook take the sidewalk down Halbrook 2) Put up "No cut-through" traffic signs 3) Pass an ordinance to enforce the no cut- through traffic 4)Try to narrow the street in certain areas with striping 5) Contact Google to try to get them to reroute traffic back onto Crosshaven as opposed to. Halbrook Thei issue on Halbrook is traffic volume, the only way to address iti is to close the road  Lloyd Shelton-Council Member  Minutes & AsmaCamauI0DAA2 Minutes. docx  April 22,2024    252  MINUTE BOOK 93  Graham Smith-Council Member Concerned about unintended consequences lower their response times partner with Vestavia some of the other options Chris Mullins-Fire Chief  Thej police and fire department stated they are uneasy with closing thei road because it could Vestavia is not in favor of closing the road and Mountain Brook does try tol be a community Not opposed to closing the road; however, uneasy with closing the road without first trying Closing the road, closes off Vestavia (whoi is a close partner with Mountain Brook) that Itwould be al bigi impact on thel Fire Department not having that thoroughfare Itlimits thei fire department in helping one another city to city with Vestavia Itis not as big ofa an impact from the Law Enforcement side Thej police vehicles can get around easier than the Fire Department Billy Pritchard-Council President Pro Tempore Share the same: sentiments as Graham Smith and Lloyd Shelton made on steps and then shared with Vestavia  provides mutual aid tol Mountain Brook Itis not optimal for the Fire Department to close the road  Jayel Loggins-Police Chief  Ifthere is a consensus to move down thej path of closing the road, then aj plan needs to be The most drastic thing to doi is to close the road when other options are available Once ai road is closed, iti is vacated and thej property belongs to: someone else, it cannot be Ifthe city goes through the vacation process, it divests the road to the public and it would  Whit Colvin-City. Attorney  Would have to explore the legal steps to close the road  reopened  then belong to the adjoining property owners Billy Pritchard-Council President Pro Tempore  Not prepared to close the road at this meeting without giving some thought on how it can be Wants to fully understand the process and plan on closing the road in order to make an  done right informed decision  2. Woodland Trail bridge over Shades Creek Graham Smith-Council Member  The Friends of. Jemison Park presented the City with al bridge Thel Friends of] Jemison Park has raised the funds for this bridge Once completed, thel bridge willl bet turned over to the city to maintain Billy Pritchard-Council President Pro' Tempore Item added to thei formal agenda (Resolution 2024-069) 3. Reappointment to the Board ofLandscape Design  Sam Gaston-City Manager  :Minutes & Asmlascama101,400002 Minutes. docx  April2 122,2024    MINUTE BOOK9 94  253  Brandon Plowden who has served as the chairman, wants to serve another term  Billy Pritchard-Council President Pro Tempore Item added to the formal agenda (Resolution 2024-068)  4. Review oft the other matters to be considered at the formal (7:00p.m.) meeting  2.  EXECUTIVE SESSION ANDADJOURNMENT  Council President Pro' Tempore made a motion that the City Council convenes in executive session to discuss matters oft real estate and that the City Council shall reconvene upon conclusion of the executive session to the regular council: meeting. The City Attorney certified that the subject matters were allowed to be discussed in executive pursuant to. Alabama Law. The motion was seconded by Council Member Graham Smith. Then, upon the question being put and the roll called,  the vote was recorded as follows:  Ayes: Nays:  William S. Pritchard III Graham L. Smith Lloyd C. Shelton None  There being no further matters for discussion Council President Pro Tempore Pritchard  adjourned the pre-meeting at approximately 6:47 pm.  3.  CERTIFICATION  I, Heather Richards, City Clerk of the City of Mountain Brook, Alabama, certify the above is at true and correct synopsis oft the discussion from the regular session oft the City Council ofthe City ofMountain Brook, Alabama held at City Hall, Pre-Council Room (A-106) on April 22, 2024, and that the meeting was duly called and heldi in 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 May 13, 2024  J:Minutes & Agendas/Council202420240422 Minutes. docx  April 22, 2024    254  MINUTE BOOK93  MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OFTHE CITY OF MOUNTAIN BROOK  APRIL22,2024  [Asa convenience, members oft the public were invited tol listen and observe in thej public meeting by) Internet The City Council of the City of Mountain Brook, Alabama meti in person at 7:00 p.m. on the 22nd day ofA April, 2024 (others were allowed tol listen to the meeting by way ofInternet video conference-no one did). Council President Pro Tempore Pritchard called the meeting to order, and the roll was called with the  video conference-0 virtual attendee.]  following results:  Present: William S. Pritchard III, Council President Pro' Tempore  Lloyd C. Shelton Graham L. Smith Stewart Welch II, Mayor Gerald A. Garner  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.  fort the transaction ofbusiness  1.  RECOGNITION OF SPECIAL GUESTS (BOY SCOUTS) Several members of Troup 63 out of Canterbury United Methodist Church Working on Citizenship in the Community Badge THE CITY ON THE PARKS, AND RECREATION BOARD Presented thel Expression of Gratitude to Brian Lucas  2.  EXPRESSION OF GRATITUDE TO1 BRIAN LUCAS. FOR HISI DEDICATED SERVICETO  Stewart Welch-Mayor  3.  POLICE WEEKI PROCLAMATION Stewart Welch-Mayor  Presented thel Police Week Proclamation tol Police Chief, Jaye Loggins  4.  SMALL BUSINESS WEEKI PROCLAMATION  Stewart Welch-Mayor  Presented the Small Business Week Proclamation to Chamber Director, Emily Jensen MOUNTAIN BROOK CHAMBER OF COMMERCE ANNUAL REPORT  5.  Emily Jensen  Thanked the city for the partnership with the City  J:Minutes & AsmadaCam.an.10240.02022 Minutes.docx  April2 122,2024    MINUTE BOOK! 94  255  2023 was a great year for the Chamber ofCommerce Implemented the Chamber Connect program Implemented a Chamber Ambassador program Created a plastic gift card for Village Gold  Completed strategic plan Updated website  6.  CONSENT AGENDA  Council President Pro Tempore Pritchard announced that the following matters willl be considered at one time on the consent agenda provided no one in attendance objects: Approval of the minutes of the April 8, 2024, regular meeting of the City Council 2024-063 Expression of Gratitude tol Brian Lucas for his service on the  Exhibitl Exhibit2 Exhibit3 Exhibit4, Appendix 1 Exhibit5, Appendix2 2 Exhibit 6, Appendix 3 Exhibit7,  Parks and Recreation Board  2024-064 Police Week Proclamation 2024-065 Small Business Week Proclamation  2024-066 Authorize the sale or disposal of certain surplus property 2024-067 Recommend to the State of Alabama Alcoholic Beverage  Control Board (ABC) thei issuance ofa 020-Restaurant Liquor license to De La Huertal LLC (trade name: Fridas Cosina and  Cantina)  2024-068 Reappoint Branden) Plowden to1 the Board ofI Landscape Design 2024-069 Execute a contract agreement with Thel Friends of. Jemison Park  with respect to the Woodland! Bridge Connector at. Jemison Park Appendix 4  Thereupon, the foregoing minutes, proclamations and resolutions (Nos. 2024-063 through 2024-069), were introduced by Council President Pro Tempore Pritchard and ai motion for their immediate adoption madel by Council Member Lloyd Shelton. The minutes, proclamation: and resolutions were then considered by the City Council. Council Member Graham Smith seconded the motion to adopt the foregoing 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 Lloyd C. Shelton None None  Council President Pro Tempore Pritchard thereupon declared that said minutes, proclamations and resolutions (Nos. 2024-063 through 2024-069) were adopted by a vote of3-0: and as evidence  thereof he signed the same.  J:Minutes & EmaisCama14A02022 Minutes.d docx  April 22,2024    256  MINUTE BOOK93  7.  FIRST READING OF ORDINANCE AMENDING CHAPTER 38 OF THE CITY CODE OF  MOUNTAIN BROOK (EXHIBIT8) Billy Pritchard-Council President Pro Tempore  There is a case currently ini the Supreme Court regarding an Ordinance in Oregon that precludes The best course of action is to get some enlightenment from Supreme Court of constitutionality of provisions int this ordinance concerning entitlements residents have to city property before moving  camping on streets or city property (with homeless population)  forward  8. 9.  COMMENTS FROM RESIDENCES, AND. ATTENDEES  (There were: no public comments) ANNOUNCEMENT  Council President Pro Tempore Pritchard announçed the next regular meeting oft the City  Council is May 13,2024,7:00p.m.  10. ADJOURNMENT  There being no further matters for discussion Council President Pro Tempore Pritchard  adjourned the formal meeting at approximately 7:24 pm.  11. CERTIFICATION  I,Heather Richards, City Clerk oft the City of Mountain Brook, Alabama, certify the above is at true and correct transcript ofthei regular meeting oft the City Council of the City of Mountain Brook, Alabama held at City Hall, Council Chamber (Room A-108) on April 22, 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 oft the City and that a quorum was present.  City Clerk Approved by City Council May 13, 2024  EXHIBIT1  ROCLAMATION NO. 2024-063  EXPRESSION OF GRATITUDE TO BRIAN LUCAS FOR HIS DEDICATED SERVICES TO WHEREAS, Brian Lucas served with dedicated distinction on thel Mountain! Brook. Parks and Recreation Board from March 24, 2014 through April 8, 2024 and as Chairman for over eight years;  THE CITY ONTHE PARKS AND RECREATION BOARD  and  WHEREAS, Brian Lucas used his time, talent, andi influence to provide input and guidance to1 the Mountain Brook Parks and Recreation Department for future planning for numerous projects, including the renovations to the Athletic Complex at Mountain Brook High School and] Mountain  J:Minutes & AymaisCamaipp002002 Minutes. docx  April 22,2024    MINUTE BOOK94  257  Brook. Junior High and the conversion to artificial turf fields; the renovations and addition ofLED lights at Mountain Brook Elementary and Cherokee Bend Elementary; the renovations to make Jemison Park more accessible to all; the installation of water fountains at several of our fields, parks, and trails; and adding public restrooms at all our sports fields including the first one at Mountain  Brook Elementary affectionately called' "Lucas Loo"; and  WHEREAS, Brian Lucas has been as selfless servant of the youth in Mountain Brook by coaching, mentoring, and advocating for them through Mountain Brook. Athletics and Mountain Brook Lacrosse; and also played an instrumental part in re-organizing the unique partnership between the city, thel Mountain Brook Board of] Education, and the recreational programs; and mentoring members ofL Leadership Mountain Brook and Boy Scouts of America on their projects int the parks,  two of which are popular dog parks; and  WHEREAS, In Brian Lucas's tenure on thel Parks and Recreation Board he consistently exhibited a dedication to the natural integrity of Mountain Brook'sg green spaces that resulted in the  continued enrichment oft the quality ofl life for residents and visitors; and  Now, therefore, be it resolved that the City Council and Mayor, on behalf oft the residents of Mountain Brook, doj publicly thank Brian Lucas, for his many years ofe exemplary service and wish  him well in future endeavors.  EXHIBIT2  PROCLAMATION NO. 2024-064  WHEREAS, in 1963 the Congress oft the United States and President John F. Kennedy proclaimed May 15 as National Peace Officers Memorial Day, and the week in which it falls as  National Police Week; and  WHEREAS, National Police Week is a collaborative effort of many organizations dedicated WHEREAS, there are approximately 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Mountain Brook) Police  tol honoring America's law enforcement community; and  Department; and  WHEREAS, since the first recorded death in 1786, more than 24,000 law enforcement officers in the United States have made the ultimate sacrifice and died or been killed in the line of duty, including Sergeant Freddie Jackson! Harp, Officer George Todd Herring, and Officer Theron  Houlditch of the Mountain Brook Police Department; and  WHEREAS, the members oft thel Mountain Brook Police Department play an essential rolei in WHEREAS, iti isi important that all citizens know and understand the problems, duties and responsibilities of their law enforcement agencies, and that members of thel Mountain Brook Police  safeguarding the rights and freedoms oft the citizens of Mountain Brook; and  JMinutes & Asmacama1.1,400A0A2 Minutes.docx  April 22,2024    258  MINUTE BOOK93  Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting thei innocent against deception and the weak  against oppression or intimidation; and  WHEREAS, the men and women oft the Mountain Brook Police Department unceasingly NOW, THEREFORE BE: ITI RESOLVED, I Mayor Stewart H. Welch III ofti the City of Mountain Brook, Alabama, do hereby proclaim the week of May 12th through 18th, 2024, as National Police Week and call upon all citizens of Mountain Brook to observe the 15th day of May 2024, as National Peace Officer's Memorial Dayi in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to the City ofl Mountain Brook and also,  provide aj public service in aj professional and courteous manner;  honor those survivors of our fallen heroes.  EXHIBIT3  PROCLAMATION NO. 2024-065  WHEREAS, the government ofl Mountain Brook, celebrates our local small businesses and WHEREAS, according to the United States Small Business Administration, there are 32.5 million small businesses in the United States, small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 62% of net new. jobs created since 1995, and small businesses employ 46.8% ofthe employees int the private sector in the United States; and WHEREAS, In 1963, after the proclamation from President. John F. Kennedy, the first National Small Business Week was celebrated tol honor thet top entrepreneurs in every state with awards and special WHEREAS, after this inaugural celebration, the week became an annual practice to encourage other small business owners and enable them to learn from the success stories oft thei top performers; and WHEREAS, since 1963, the U.S. Small Business Administration has worked to assist and counsel small businesses to flourish in the land of opportunity which led to an annual increase in the number WHEREAS, according to statistical data, more than half of Americans either own or work fora a small business, and they create about two out ofe every three new. jobs in the U.S. each year; and WHEREAS, Mountain Brook supports our local businesses that create jobs, boost our local economy, NOW, THEREFORE, I, Stewart H. Welch III, Mayor ofl Mountain Brook, Alabama do hereby  the contributions they make to our local economy and community; and  recognition; and  ofs small businesses ini the country; and  and preserve our communities; and proclaim, April 28 - May 4, 2024, as  "SMALL BUSINESS WEEK"  and urge the residents of our community, and communities across the country, to support small businesses and merchants during Small Business Week and throughout the year.  JMinutes & AEmarCama1.10400022 Minutes.docx  April22,2024    MINUTE BOOK 94  259  EXHIBIT4 AISOLUTIONNOZPEANE  WHEREAS, the City ofN Mountain Brook, Alabama, has certain items of personal property WHEREAS, Section 11-43-56 oft the. Alabama Code of 1975 authorizes the municipal NOW,1 THEREFORE, BEI ITI RESOLVED by the City Council of the City ofM Mountain Section 1. Itisl hereby established and declared that thei 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 forj public or municipal purposes and is hereby declared surplus property; and Section 2. That the City Manager, or his designated representative, isl hereby authorized and directed tos sell said property by way of public Internet auction or to dispose of said items not sold.  which are: no longer needed for public or municipal purposes; and governing body to dispose of unneeded personal property.  Brook, as follows:  APPENDIXI EXHIBIT5 RESOLUTION NO. 2024-067  BE IT RESOLVED by the City Council oft the City of Mountain Brook, Alabama, that the City Council hereby recommends tot the State of Alabama, Alcoholic Beverage Control Board, thei issuance ofa 020-Restaurant: Retail Liquor license tol Del Lal Huerta LLC, (trade name: Fridas Cosina and BEI IT FURTHER RESOLVED that the City Clerk is hereby instructed to1 forward a copy oft this  Cantina), 2031 Cahaba Road Suite Al, Mountain Brook, AL: 35223. resolution to the State of Alabama, Alcoholic Beverage Control Board.  APPENDIX2 EXHIBIT6 RESOLUTION! NO.2024-068  BEITI RESOLVED by the City Council of the City of Mountain Brook, Alabama, that Branden Plowden is hereby appointed to the Board ofLandscape Design, to serve without  compensation, with the term ofc office to end April 27,2027.  APPENDIX3 EXHIBIT7  J:Minutes & AsemisCamai.p200a022 Minutes. docx  April 22,2024    260  MINUTE BOOKS 93  RESOLUTION NO. 2024-069  BEI ITI RESOLVED by the City Council of the City of Mountain Brook, Alabama, that either the Mayor or1 the City Manager oft the Cityi is hereby authorized and directed, for and on behalf ofthe City, to execute, a contract agreement, in the form attached hereto as Exhibit A, between the City and Thel Friends ofJemison Park with respect to the Woodland Trail Bridge Connector at. Jemison Park.  APPENDIX4 EXHBIT8 ORDINANCE  WHEREAS, the City of Mountain Brook, Alabama (the "City") operates certain public parks for WHEREAS, the Park and Recreation Board of the City of Mountain Brook promulgates rules and WHEREAS, the City Council of1 the City of Mountain Brook (the' "City Council") has determined that itisi in the public interest, and ini thei interest of the students, athletic participants and community members that use the City's parks that the parks should be closed for nighttime use, except as might bej permitted in conjunction with authorized and approved events and overnight use oft the parks WHEREAS, the adoption ofthe City's Park Use ordinance to establish a closing time for all parks, to prohibit post-closing activities in the parks, except as may be undertaken in conjunction with authorized events, and toj prohibit any overnight use in the enumerated areas will promote thej public safety, health and general welfare ofi its students, athletic participants and coaches, employees,  recreational use by the public; and  regulations for ordinary use oft those parks; and  should be prohibited altogether; and  community members and all other persons who use: such areas.  NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Mountain Brook as Section 1. Chapter 38 of the City Code shall be amended as by adding the following section: (a) All Parks, as defined herein, shall close thirty minutes after sunset, except for events scheduled or authorized by the Recreation Board oft the City of] Mountain Brook or the Director of Parks and) Recreation. No camping or overnight use of any Park shall be permitted at any time. It shall be unlawful for any individual tol be in or upon the premises ofa any Park after the Park closes, (b) For the purposes of this Chapter, "Parks" shall be defined asi follows: Alabama Veteran's Memorial Park, Cahabal River Walk, Canterbury Park, Crestline Tot Lot, Irondale Furnace, Jemison Park, Mountain Brook Athletic Complex, Mountain Brook Presbyterian Church Trails, Nature Trail (Overbrook Road), Overton Park, Rathmell Sports Park and Watkins Trace Trail, all public property surrounding such parks whether posted or designated as al Park or not, and any other public place in (c) Its shall be unlawful to violate any oft the terms and provisions oft this section. Any person, firm or corporation violating any of the said terms and provisions oft this section shall, upon  follows:  "Sec. 38-2- Prohibited activities in public parks.  unless thei individual is participating in an event authorized as set forth above.  the City designated as a park by the City Council.  J:Minutes & AsmdaCamci.uDADa2 Minutes.docx  April 22, 2024    MINUTE BOOK94  261  conviction, be punished in accordance with Code of Ala. 1975, $1 11-45-9: for ai misdemeanor violation for each such offense. Each day any violation oft this section shall continue shall constitute a separate Section 2. This ordinance is cumulative ini nature and is in addition to any power and authority which Section 3. Ifany part, section, or subdivision oft this ordinance shall bel held unconstitutional or invalid for any reason, such holding shall not be construed toi invalidate or impair the remainder oft this ordinance, which shall continue in full force and effect, notwithstanding such holding. Section 4. All other ordinances or parts of ordinances heretofore adopted by the City Council oft the City ofl Mountain Brook, Alabama which are inconsistent with thej provisions ofthis ordinance are Section 5. This ordinance shall be effective immediately after adoption and publication as provided  offense."  the City ofl Mountain Brook may have under any other ordinance or law.  hereby expressly repealed.  by law.  J:Minutes & AsmaiwCamaipidIp0a2 Minutes. docx  April 22,2024    4/10/24,1 1:31PM cityof MountainBro.* 262 Monitors for Bid 1message MichaelA Aycocks ypcmgtocko To: Heather Richards GMRS-SAPw-aN pvioma@rimbpokoy Gooda aftemoon, Herea are( (2)monitorst thatv willn neediogoo outforbid: (1)HP/Compaq! LA2205wg2 22"N Monitors sin3 3CQ116BT50 (1) HPICompaq! LA2205wg2 22" Monitors sin3 3CQ116BT4R Picturesa areat attached. Thanks, MikeA Aycock Informationl Technology Cityo ofMountainE Brook [PJ205.864.4544 Iela ycocim@mtibrokong [a]5 56Churchs Street, Brook, AL3 35213 Nalar MOUNTAIN BROOK 142  ofMounteinBrookw  CityofMountahn Brook Mail-  Heather Richards eharahdminbookorp  ceyt inBrosk Additional Auction Items 1message MichaelA Aycock yecim@mrbnokay To: Heather Richards stehtrgmhcakop Carktpersonnel dpemnome@msbiookwp Goodm moming. Herea are( (4)moret items fora auction. Pro 200F Printer (Color)sin CND1H24790 FulitsuF Fi-6110 Scanners sino 018890 Vizio 42"1 TVA Model E4201-A1s shn LIYWNRDP0650220 Vizio 42"1 TVModelE E4201-A1s Thanky youson much, Haveawondertuiday MIKeA Aycock InformationT Technology Cityo ofMountain Brook (p/205.864.4544 MWleypdm@mlaakog [a/56 Church Street, MountainB Brook, AL35213  Heather Richards ehardangmmbopokory  MINUTE BOOKR93.  Wed, Apr1 10,2 2024at1 1:30PM  Tue,Apr9,2 2024at8:17AM  MOUNTAIN BROOK 1i  HPM Monitor 3CQ116BT50.jpg 643K  0000  JMinutes & AsmaaComaip0,4c0A0a2 Minutes.docx  April22,2024    MINUTE BOOK94  J:Minutes & AsmdsCamaiqua02022 Minutes. docx  April 22, 2024    CITYOFN MOUNTAINB BROOK P.O.Box 130009 MountainB Brook, Alabama Telephone: 205.802.2400 MENUTE Facsimile: 205.879.6913  BOQ  STATE ALABAMA OF ALCOHOLICI BEVERAGE CONTROL BOARD ALCOHOLI LICENSE APPLICATION Confirmationl Number: 20240405110540935  Typel License: 020-RESTAURANTI RETAILI LIQUOR Typel License: TradeN Name: FRIDAS COSINAA ANDO CANTINA Applicant: DEL LAI HUERTALLC Malling Address: County: JEFFERSON Tobaccos sales: NO ProductT Type: Book, Page,orD info: 0011 1031 158 Doyous selll Draf Beer?: Dateo ofAuthority: 10/10/2023 FederalT Taxl ID: 833836836 Name: 25579475-TX  State: $300.00 County: $300.00 State: County: FlingFee: $50.00 Transfer Fee: Tobacco Vending Machines: Type Ownership: LLC  Apri123,2024 Ms. Valencial Johnson Alabama ABCE Board 234A Aquarius Drive, Suite1 103 Homewood, AL 35209 Gentiemen:  Address: 2031 CAHABAI RDSTEA1 MOUNTAINE BROOK,AL 35223 131 HIGHLANDDR HUEYTOWN,AL 35023  Facsimile: (205)942-2101  Attachedi isacopyo ofan resolutiong passed attheA April2 22,2 2024, City Counciln meetingr recommendingthe  issuenceo of020- Restaurant Retail Liquorl licensea asf follows: Ifyoub havea any questions, pleased callm meat8 802-3823. inçercly Befb Heather Richards City Clerk Enclosure MaribelP Perez pereamos10@gmait.com  DeLaHuerta, LLC Trader name: Fridas Cosina andCantina 20310 CahabaR Road, SuiteA Al Mountain Brook, AL: 35223  Datel Incorporated:1 10M020235 Statel incorporated:AL County Incorporated:, JEFFERSON  Alabamas States Sales Tax ID: R012022067 Datea and PlaceofBirth: Residence Address: SALINASCA MEXICO  Tide:  HUEYTOWN,A AL 35023 AL 35023  Hasa applicanto compliedw withf financialn responsibility ABCRR2 20-X-5-147YES Docs ABCh haves any actionsp pendingn againstth thec current licensee? NO Hasa anyone, includingn managero orapplicant, hadaF Federal/Statey permitorl lioenses suspemdedorevoked?! NèS Hasali liquor, wine, maltorb brewed! licensef fort theser premisese ever beend denied, suspended,o orr revoked?! NO Arethea applicant(s)n nameda above, theonlyp person(s), inanym manneri interestedi intheb businesss soughtt tobe Areanyo ofthea applicants, whetheri individual, member ofapartership or association, oro officersa and directorso ofac corporationi itself, inanyr manner monetarilyi interested, eitherd directlyo ori indirectly, inthe profitso ofanyo otherc classo ofb businessr reguiatedu unders suthorityo ofthis act?NO Doesa applicanto own oro control, directlys orir indirectly, holdlien againsts anyn realo orpersonal propertyy whichi rented, leasedor usedint thec conducto ofbusinessb by theh holdero ofanyy vinous, maitorb brewedb beverage,or distilled! liquorsp permito orl licensei issuedu undera authorityo ofthisa Bct?N NO Isapplicantr receiving, eitherd directlyo ori indirectly, anyl loan, credit, money, ortheequivalentt thereof fromor througha asubsidiary oraffiliated orother! licensee, orfroms anyfi firm,a association orcorporationo operating undero orr regulatedb byt thea authorityo ofthis act?NO ContactP Person:N MARIBEL PEREZ Business Phone: 832-457-6810 Far: PREVIOUSL LICENSE INFORMATION: Previous License Number(s) TradeN Name: BOBBY CARLS TABLE Applicant:. JOCOH HOSPITALITYLLC  licensed? YES  Homel Phone: CellP Phone: 832-457-6810 E-mall:F PEREZMAISIOGGWALCOM License 1:011261037 Lioense2:  STATE OF ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD ALCOHOLI LICENSE APPLICATION Confirmation) Numharzazsasisens Signature page  STATE OF ALABAMA ALCOHOLICI BEVERAGE CONTROL BOARD ALCOHOL LICENSE APPLICATION Confirmation) Number:: 20240405110540935 Ifapplicantis isi lcasingth thep property,i isacopyo ofthel leasea agreements attached? YES Nameo ofPropertyo owner/lessora andp phonen number: ENGLIS ISHV VILLAGELLC 205-540-0102 Whatiske lessors primaryb business?F RENTALF PROPERTIES Islessori involvedina anys way witht thea alcoholict beverageb business?NO Istherea any furtheri interest,o ord connectionw with, thel licensee'sb businessbythele lessor? NO Doest the premiseh havea afullye equippedkitchen?Y YES Istheb businessu usedtoh habituallya andprincipally providef foodtothepublic?) YES Doest thee establishmenth haver restroomf facilities? YES Isthep premisee equippedy withs servicesa andf facilitiesf foronpremises consumptionc ofalcoholict beverages?) YES Willtheb businessb beo operatedp pimarlysapackage: store?! NO Building Dimensions Squre Footage: 2533 Buildings seatingo capacity: 75 Licenses Structure: SHOPPINGCENTER Licensec covers: OTHER Number oflicensesi inthev vicinity: 0 Nearest:0 Nearests scbool: Locationisw within: CITYLIMITS Paliceprotection: CITY Hasa anyp person(s) witha anyi interest, includingn manager, whethera ass solea applicant, officer, member,o or partnerb been charged(whethere convictedo ornot)o ofanyl lawv violation(s)? YES Name: ARRESTS OVER1 10 ARRESTS OVER1 10 ARRESTS OVER1 10 ARRESTS OVER 10 YEARSA AGO- SEE YEARSA AGO- SEE YEARSA AGO- SEE YEARS AGO-SEE BACKGROUND BACKGROUND BACKGROUND BACKGROUND CHECKS  Initialeach app referenceto ACTNa. 80-528, Speciel Retallo  Iwinatberelandes WinaFestivalandw VmafathalPantspamtu Licenses, mply witha lewsendn concemingthis thes applicelion. ofther responaesg littedonthe 20-X5 01(4). verillarionh observesl Code Tise28, andall greesto gulations Theu iles gentsol thowt  Display Square Footage: Doesl Licensedp premisesi includes patios erea? YES Nearestn residence: Omiles  Nearest church:  eisoa  Violation &I Date: Arresting Agensy: Disposttion:  thes Stats,  CHECKS  CHECKS  CHECKS  Applicant Name (print): Signature ofA Applicant: Notary Name (print): Notary's Signature:e Submittedtol Local Government:  gadvo Huerha  WENDY LYNNE ABBOTT NOTARY PUBLIC STATE OF ALABAMA Commissione expires: Dlnlole Recelved from Local Government: April 22,2024  Application Takeniobs/24 App. Inv. Completed: Forwardedt tol District Office: RecelvedinD District Oflice: Revlewedb by Supervisor: Forwardedt to Central Office:  AMinitesaAgendasilaumat2m2a2pa00240122Minutesdocx    TEB BOOK94  STATE OF ALABAMA ALCOHOLICI BEVERAGE CONTROL BOARD ALCOHOL LICENSE APPLICATION Confirmation! Number: 20240405110540935 Private Clubs/ Speciall Retall/ Speclal Events/ Wine Festivalor Wine Festival Participants! licenses ONLY Private Club Docsthec clubo chargee ando collect duesf frome electedr members? Number ofpaid upp members: Aren meetingsre regularlyh held? Howo often? Isbusinesso comducted througho officersr regularlye elected? Aren membersa admittedbyv written application,i investigation, andballot? HasA Agenty verifiedm membershipa applicationsf for eachn member! listed? Hasatleast 10%0 ofmembers! listedb been confirmeda andh highlighted? Fory whatp purposei isthec club organized? Doesthep property used, aswell asthe advantages, belongtoallt then members? Dotheo ofthe clubb benefita anyi individualn member(s), officer(s), director(s), agent(s),0 or employee(s)o ofthe clubr rathert thante tob ofthee entirer membership? Special Retail Isitfor3 30d daysorless? Moret then3 30days? FranchiseearC Concessionaireo ofabove? Otherv validresponsiblec arganization: Explanstion: Special Events/ Special Retail(7d dayso orless) Suarting Date: EndingD Date: Specialt termsa andc conditionsf fors speciai event/specialn retail: Winel Festival/ WineF Festivall Participant! licenses (51 Dayse orl Less) Starting Date: Ending Date: Special terms andc conditions fors speciale event/special retail: Other Explanations License Covers: STEA1  TAURANTE RETAILI LIQUOR AND CANTINA 35223 35023  Agent'sl Initials:  JMinutes & AsmaaCamsin0,.A0a2 Minutes. docx  April 22,2024    Tylers Slaten SeniorP Planner 56Churchs Street Telephone 205.802-3811  266  MountainB Brook, AMMBMMINUTE BOOK 93  DATE: April22,2024 TO: Mayor, City Council & Cityl Manager FROM: Tyler Slaten, City Planner RE: Boardo ofLandscape) Design Term Appointment  Brandon Plowden'sBLD terme expiredo on Aprill 13,2 2024; Mr. Plowden) base expressed awishto continuet tos serve on BLD, andt theB BLDmembers! haveu unanimouslyr recommendedt thath her renew for anothert term. Thec cityd doest noth have anyo othera activea applicants fort thel Board ofLandscapel Designat  thisti time.  J:Minutes & AsmaaCama1p0,A.DA0a2 Minutes. docx  April 22, 2024    JEMISONI PARKI IMPROVEMENTI PROJECT CONTRACT WOODLAND1 TRAILE BRIDGE ThisJ Jemison ParkI Improvement Project Contract (the" "Contract")isn madcl bya andbetween TheF Friendso of) Jemison! Park ("Friends"). andt the Cityo ofN Mountain Brook, Alabama (the"City"), effectivea asofthed datel lasts signedb below! byaparty( (he" Effectivel Date"). WHEREAS, the Friendso ofJemison Parki isanon-profit organizationf formeda andd dedicatedto supportR Robert) Jemison) Jr.F Park ("Park"), preserveda areai locatedin int thec Cityt thatp providesa mature treescape,a abufferto tos Shades Creek, a" "gateway"i intot thec Citya andre recreational opportunitiest throught the WHEREAS, Friends hase engagedi inn numerousi improvementp projectsi inj Jemison Parka andhas, throughit itsf fundraising efforts, assistedy withr removalo ofi invasives andn non-nativev vegetation, conducted stream banki improvements,' heipedy witht thee establishmento ofnativet treesa ando other vegetationa and committeds substantialf fidst towarda comprehensivei improvementa andr rehabilitation project:; WHEREAS,t thec City, witht thef financiala assistanceo ofFriends, hasr recently constructed comprehensivei improvementst tot the Park, includingb butr notl limitedtoir improveds sidewalksa anda accessible trails, thec constructiono ofnewt trails,f floodn mitigation measuresa ando otheri improvements; and WHEREAS, Friendsh hasr requestedp permissiont tohavec constructedat bridgea andm related improvements, whichw willp providea asafea ando convenientn meanso ofc connection between pedestrian ways onb boths sideso ofShades Crecka alongt thev Woodland1 Trail (the" "Woodland1 TrailE Bridge Connector") asset fortho ona andinE ExhibitsA Aa andB Btot thisa agreement (he" Project"); ;and WHEREAS, the Cityl hasd determinedt thatit itisint thep publici interestt top permit Friendst toproceed withtheP Projecta andto enteri intot thisc contracty withF Friendste tos setfo fortht thet terms, conditions and expectationsa tosuchs appropriation. NOW, valuablec consideration,t ther receipte ands sufficiencyo ofv whichi isa acknowledgedbyt thep parties,t theF Friends andCityz agreeasf follows: 1.Services. Friendss shallh havec completedo onitsb bchalfthew worki ina accordancey witht thes Scopeof Worka andt thel ProjectP Plansa ands specificationss setf forthi inandina accordancev witht tbete terms,c conditions, plans ands specificationsi in Aa andB( (the" Services"). 2.Compensation.) Noc compensations shallbed duetoF Friends byt the City andu thel Projecty willbe solelyf fundedb by Friends. 3.Term. Thet terms shallb beginy whent this Contractis ise executedb byth theCitya andv wille extendfor eighty (180)d days( (the" Term") fromA Mayl 15, 2024( (he" Project Beginning Date"). during whicht timet thes mustb bec completed, unless saidt termi ise extendedb byt theCityt upong good cause shown by Friends. Notwithstanding: anyo otherp provisionb herein, theContractr mayb bet terminated before thee expirationo ofits Termo ont thec occurrenceofanye ofthe following: (a) Termination for Causeb byC City. IfFriendsf failst top performa any material obligationi int the Specificationsc ort thisC Contract (a" Defauk"), theCityn may lerminatet the Contractf foro cause ons seven( (7)days' advancew written noticeto  MINUTE BOOK 94  Friends; provided, however, thatt thel Friendss shallh havea arsasomabi2.pidrusiy tocurcorc correct anyd deficiencyi inperformancet thatis istheb basiso ofthep proposed termination forc cause. Thiste terminationn remedyi isina additiontoa anyo other remedyo or rightp providedtotheCity: intheContracto ort thatn mayb bea availableby (b) Termination forCause byF Friends. IftheCityd doesn notp performamaterial obligationi int this Contract,t the Friends mayt terminatet the Contract for causeon thirty (30)days'a advancey writtenn noticet totheC City: providedthatd the Citys shall haveare reasonablec opportunityt to cureo ord correct anyd deficieneyi inperformance thatistheb basiso ofthep proposed terminationf forc cause; and 4. Contract Representatives. Eachp partys shalla appointa representative(s) whos shall coordinate witht thec other party onr matters pertinent tothep performance ofthes Servicesa andthea administration oft this  law;  usec ofitss sidewalks andt trails;  Contract (the" "ContractF Representative(s)). TheCity'sContract! Representativeis: SamG Gaston City Manager 560 Churchs Street Mountain] Brook, Alabama3 35213 TelNo: (205)8 802-3803 Friends's-Contract) Representative(s)a are: Sallyy Worthep NimrodI Long. Friendsof IemisonP Park P.O.E Box5 530813 MountainE Brook, Alabama 35253 TelNo.:( (205)215-8621 uponp provisiono ofwrittenn noticet totheo other. suchn noticetot that party.  inconsideration ofthen mutual covenants! herein: ando otherg gooda and  The Contract Representatives designateda aboves shall! havet thea authority toa act onb behalf ofitsr respeative)s partiesto tot transmiti instructions, receive information anda administer the Contract consistenty withit itst terms ando conditions. Either partyn mayd designatea Contract Representative othert thant the person nameda above 4.1 Notices. Any notice requiredh hereunder shallt bes sufficiently givenw wheng givenir in writinga and' senttot the appropriate Contract Representatives via United Statesc certifiedn mail, retumn roceiptr requested, - orviad overnighto courierw withn receipts verification tothes addresss setf forth! herein, orbyp personally delivering 5.1 Dispute! Resolution. The ContractR Representativeso ofthey partiesy willu usetheirg goodf faithe efforts tor resoive anyd dispute ar claim them arising from the performance orf failure top perform their respective obligations undert this Agreement (a' "Dispute"). Inthe event thatt those Representatives are unable toa amicabler resolve Dispute, either party: mayr request thatti theDisputebem mediated.  6. Insurance Requirements.  Friends shall requiret the Contractor(s) hired to perform the Services to procure andn maintain policieso ofi insurancev witht thef followingr requirements ands shallh have Cityn named asadditionali insuredon  (g) This Contract mayb be executedi inc counterpartse each ofv which when executed by thep Meisadlulapas. original. CopiesofthisC Contracts showingt thes signatureso ofthen respective parties parties, whether produced by photographic, digital, computer, or otherr reproduction, may beu usedf fora all purposes as originals,a and shallh have thes samek legalf forcea andeffecta asano originald document. (h) Ifanyp provision ofthis Contracti is held tob bei invalid, llegal or unenforceable bya court of competentj jurisdiction,t ther remaining provisionso ofitshallr remaini inf full force ande effect. @) Then meaning, legale effect, ande enforcement oft terms andp provisions ofthe Contract andthe resolution ofany disputesa arisingt thereundero or relatingt thereto shall be governedb byt thel lawsofthes State ofAlabama, exceptt tothee extento otherwiser requiredbya applicablec conflict-of-lawy principles. G) Friendsr representsa andw warrantst that( (a)itdoes notk knowingly employ, hiref fore employment,o or continuet to employ an" "unauthorized: alien," as definedb byt the Beason- Hammon Alabama Tarpayer and Cilizen Prolection Act, Act No. 2011-5350 (H. B. 56), asa amendedf from timet totime (he" "Act")andt that, duringt they performance oft thes servicesa andP Project, itshall participatei intheE E-Verify programi ifitisso requiredu undert thet termso oft the Act: (b)itwillo complyw witha allapplicabley provisionsofthe/ Acts withn respect toitso consultants ands subcontractors! by enteringi intoa ana agreement witho orbyo obtaininga ant affidavitf from themnp providing thatt theya arei inc compliance witht the Acty withr respect tot theirp participationi intheE E-verify program;a and(c)its shallnoth hire, retainorcontracty witha anyo consultant ors subcontractord thatitk knowsisnot in compliance with the Act. Friends further agrees and warrants thati it wil filly comply with the Immigration Reform ando Control Actofl 1986, as amended byt thel Immigration Acto of1 1990, ini its biring andemployment; practices, andt thatif ifitreceivesa actualk knowledgeo oftheu unauthorizeds statuso ofonco ofits employeesi inthes Stateo of Alabama, itv willn removet thate employeef fromt thep project,j jobsite orp premises of theCitya ands shallr requiree each afitss subcontractors, aro othery parties withy whomi thasac contract,t toactin similarf fashion. IfF Friends violates any term oft this paragraph, this Agreement will be subject to immediatet terminationby City. Tothefi fulleste extentp permittedbyl law, Friendss shalld defend,i indemnify and holdh harmlessCityf fruma anyandall) losses, consequential damages, expenses (including, butnotl limitedto, attorneys' foes), claims, suits, liabilities, fines, penalties, anda anyo otherc costs arising out oforina anyv way related tol Friends' failuret to fulfilli its obligations contained in this provision. Suchi indemmification () Upon reasonable advance notice fromt the City, Friends, ati its expense, agrees to produce recordsn maintained byity with respect tothes Services performedb byi t under thisc Contracta ando otherwise participate in an audit designed by the City to evaluate whethert the Friends is properly completing, accountinga andp performingt thes Servicesa andt trensactionsth thata arec contemplatedh hereunder. Tofcilitateany such audit, the Friends agrees that, fora period ofno) lesst than (2); years followingt thep performance of Services ort the expiration (or earlier termination) ofth this Contract, itwilln its reports, logsa and records concering its performance ofs Services or work, andt the accounting, billing or other financial InWitness Whereof, theu undersigned, dulya authorizedr representatives ofthep partiesh havee executed  allsuchp policies: Insurance Workers' compensation Generalli liability Autol liability  Amount statutory $1,000,000 $1,000,000  Friends shallp providet the Comtactof'sCerifioateo ofInsurances showingsuch coverages andt thatt theCityis 7.Representations ofFriends. Asf furtheri inducement toe entert this Contract, Friends represents (a) thati willhavet thes Servicesp performedi inag gooda andw workmanlike manner; snd (b)t thata alla actions required tobet taken by tord oni itsb behalfte toe executet the Contract, and toperformit itso obligationsa anda agreements! hercunder, havel beend dulyt taken. . Subcontracting. Friends and City acknowledge andu understandt that the Serviccs will be performed by oneorn more Contractors selectedb by Friends and Cityg givesit its consentf forF Friends toenter into subcontractor agreement(s)f fort thew work. Friends agreestop procurea andp providet toCitys waiversa asto all materialmen, subcontractor or other liens relatedt tot the Project andt to be solely responsible for (a) DuringtheT Term ofthis Contract, Friends agreest to comply (andn requirei itss subcontractorsto comply) witha allr regulationsa andl laws concemingt thep performance ofitss Serviceso or work, including, but not limited to,) laws concerning thes safety, inspection, maintenance, ando operation ofi itse equipment and (b) Friendsis isani independento contractord oftheCity. ThisContractd doesn noto createn anyp partnership, jointy ventureo orp principal-agentr relationshipb betweent theF Friendsa andtheC City. (e) Friendsz mayn nota assignt this Contract,oranye ofitsrights,0 obligationso ortheb benefitsh hereumder, toany other party without priorv written approval ofthe City, which approval: may be withheldf for any (d) Thec Contracti isr made onlyf fort theb benefito ofthe Citya andt thel Friends. Itisnoti intended, nor shallitbe-construed, logranto orbestow anyb benefit, rightorp privileget toa anyt thirdparty. (e)1 ThisC Contracic comprisest thee entirea agreementb betweent thep parties. Thesetermsh hereins supersede allpriorn negotiations, representations or agreements, either written oro oral, concemingt thes subjects herein, anda anys such prior understandings concering thoser matters are of Do effcct and are mergedi intot this (01 This Contractn mayb bes emendedorm only by written instruments signedbyl bothp parties. :Minutes & AgendasiCouncinz1N2024120240422 Minutes.docx  nameda asana additionali insuredy priort tothei inception ofw work. andw warrantse eacho ofthef followingto totheCity:  satisfactionofsame. 9.Miscllancous) Provisions. employment! lawse concerningi its workers.  obligationy willt terminatev whent the Projecti 50 complete.  reason.  recordst thatth thel Friendsg generatesn regardings same. thisContracto onbehalf foftheirr respectived organization.  FRIENDS OF JEMISONI PARK By: Its: April22, 2024  Contract.  ATTEST By:    268  MINUTE BOOK93  Date: CITY FOUNTAINE BROOK, INAT Hayn 422-24  EXHIBITA SCOPE OF WORK/PROJECTI DESCRIPTION WOODLAND1 TRAILE BRIDGE CONNECTOR  Toc completet thisP Project, Friends and Contractorss sclected! byF Friends willo completet the following work: 1)Haven manufacturede Corten Steel/ Arched Bridge (the" "Bridge)-prosimately: 80fectin lengtht tos spans Shades Creek. 2)Contractor willo constructs supports structures forthe! Bridge pers specifications. 3)Contractor willi instail thel Bridge andt tieitinto tos supports structurest usingr recommended methodsby! Bridger manufacturer: anda aS specified! byP Project plans. 4)7 Tieinl Bridget toe existingt trail onb boths sideso of Shades Creck anda adjustg grades ands surfceas necessary. 6)Installs specified! landscaping 7)Clean ando completej job. Allw work willb bec conducted pursuant to andi ina accordancey witht the Project! Plansa attachedas ExhibitB.  A8  EXHIBITB  WOODLAND1 TRAILE BRIDGE CONNECTORI PLANS  J:Minutes & AsmaisCamciuid2 Minutes. docx  April 22. 2024