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HomeMy WebLinkAbout01-23-2023 City Council Meeting MinutesSTATE OF ALABAMA COUNTY OF BALDWIN )( )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 23 January 2023. 9966 Present were Council President Jay Robinson, Councilmembers: Corey Martin, Jimmy Conyers, and Kevin Boone; and Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and Assistant City Clerk Jenny Opal Wilson. Councilmember Jack Burrell and City Clerk Lisa A. Hanks were absent. There being a quorum present, Council President Robinson called the meeting to order. The invocation was given by Pastor Kyle Parker Eastern Shore Presbyterian Church and the Pledge of Allegiance was recited. Councilmember Martin moved to approve minutes of the 9 January 2023, Regular City Council Meeting and 9 January 2023 Work Session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: I)Recognized Girl Scout Troop 8017. They are here tonight to present on Council Agenda and working on their Civics Badge. She thanked the scouts and parents for being here tonight and their community service. 2)Announced the State of the City Address on Thursday, January 26, 2023 from 5-7 p.m. at the Fairhope Civic Center. Conecuh Dogs will be served. All departments represented and Mayor Sullivan will give presentation to be recorded, and available on line if you are not able to attend . 3)Recognized two (2) upcoming events; (1.) Pirate Dash on February 4, 2023 to support Fairhope Elementary Schools; and (2.) Chocolate & Champagne at the Fairhope Public Library on February 13, 2023 to support the capital campaign to build the second floor. Please support the library, attend the event, buy tickets, or make a donation. Council President Robinson thanked Mayor Sullivan. Council President Robinson opened Public Participation for Agenda Items. There was no public participation. Council President Robinson addressed Council Comments. Councilmember Martin, Councilmember Conyers, and Councilmember Boone had no comments. Council President Robinson announced Council will not meet before the 1 st Mardi Gras Parade. He encouraged everyone to come out and have a good time. Please be safe, use good judgement, and watch your children. 9967 23 January 2023 A Public Hearing was held as advertised on the proposed ordinance to amend Zoning Ordinance No. 1253 and Ordinance No. 1317 and 1572. Councilmember Conyers introduced in writing an ordinance to request to amend Ordinance No. 1317 and 1572, known as the Fly Creek PUD. The property of Highlands at Fairhope Village, LLC, is approximately 11. 76 acres and is generally located on the north and south side of Corte Ridge Road, and East of the Publix on U.S. Highway 98 in Fairhope, Alabama. PPIN Numbers: 369505, 369508, 386030, 386029, 369509. The Planning Commission gave a favorable recommendation of this ordinance with three (3) suggested conditions: 1.) Buildings shall fall within established setbacks and allow room for required landscape buffers, 2.) A fonnal Site Plan/Multiple Occupancy Project shall be conducted, and 3.) Detailed floor plans shall be provided for each building type with front/rear elevations with particular focus on the front of buildings located along Corte Ridge Road. Council President Robinson read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Robinson opened the Public Hearing at 6:20 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:21 p.m. Council President Robinson opened Council Comments. Councilmember Conyers liked the Live Work Concept. Councilmember Boone asked Hunter Simmons if the Live Work Concept is the same as the location across from Ace Hardware. Hunter Simmons discussed Mixed Use versus Live Work Concept. Council President Robinson asked Hunter Simmons to advise on the Live Work Concept definition. Hunter commented the Live Work Concept is unique. He did not recommend the Live Work Concept in base ordinance. We need to make sure vision is clearly defined in application. Mixed Use is clearly defined. Councilmember Martin addressed Architectural Review/Design. Hunter Simmons discussed Exhibit C illustrating architectural details. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 13, 2023 City Council Meeting. Council President Robinson asked Council to suspend rules and move Item No. 22 up on the agenda. Councilmember Martin made motion to move Item No. 22 up on agenda for the request to grant permission for Girl Scout Troop 8017 to sell Girl Scout cookies at the comer of Fairhope A venue and North Bancroft Street from Friday, January 27, 2023 through February 25, 2023 with booths setup on Friday evenings, Saturday mornings, and Sunday afternoons. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 9968 23 January 2023 Council President Robinson asked Girl Scout Troop 8017 to come forth. The scouts addressed Council with request and asked for consideration. Councilmember Martin moved on the request to grant permission for Girl Scout Troop 8017 to sell Girl Scout cookies at the corner of Fairhope Avenue and North Bancroft Street from Friday, January 27, 2023 through February 25, 2023 with booths setup on Friday evenings, Saturday mornings, and Sunday afternoons. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Girl Scout Troop 8017 thanked the Council and asked for a picture. Council President Robinson thanked Girl Scout Troop 80 I 7. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253 and Ordinance No. 1402. Councilmember Conyers introduced in writing ordinance to request to amend Ordinance No. 1402, known as the ldlewild PUD. The property of Fairhope East, LLC, is approximately IO acres and is generally located on the west side of State Highway 181, south of Fairhope Avenue in Fairhope, Alabama. PPIN Numbers: 261908, 310693. The Planning Commission gave a favorable recommendation of this ordinance with staff recommendations: 1.) Provide a strong landscape buffer to provide screening, such as evergreens, in addition to providing significant light pollution prevention to be reviewed at time of Multiple Occupancy Project approval; and 2.) Front setbacks shall be 118'. Council President Robinson read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Robinson opened the Public Hearing at 6:45 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:46 p.m. Council President Robinson opened Council Comments. Councilmember Conyers asked Hunter Simmons if the project took into consideration the future widening of Hwy 181. Hunter Simmons commented yes. There is a requirement for landscape buffers. We will confirm location with any conflicts with future expansion. ALDOT has worked on project approximately a year. Councilmember Martin inquired on mitigation for wetlands. Hunter Simmons commented no impact to wetlands at this time. Council President Robinson discussed the PUD approved in 2009 for discussion purposes. Hunter Simmons discussed Sunset Clause of two (2) years with extension for approval to Council. Council President Robinson asked what would happen if we approved amendment and nothing happened in two (2) years. Hunter will follow-up with Council in two (2) weeks to clarify. Due to lack of a motion for immediate consideration, this ordinance will layover until the February 13, 2023 City Council meeting. 9969 23 January 2023 Planning Director Hunter Simmons addressed the City Council to explain the Site Plan Review of property owned by FST Section Street Hospitality Group, LLC for Site Plan Approval of the Fairhope Hotel. The subject property is zoned B-2, General Business District, and is approximately 0.25 acres. The property is located on the East side of North Section Street, South of Oak A venue. PPIN Number: 112977. Planning Commission unanimously voted to recommend City Council approve 23.0 I Fairhope Hotel with the following condition: 1.) Relocation of either the generator or the conflicting tree, subject to Planning staff approval. Councilmember Boone moved to approve the Site Plan of property owned by FST Section Street Hospitality Group, LLC as listed above for Fairhope Hotel. Seconded by Councilmember Conyers motion passed unanimously by voice vote. Council President Robinson asked question on Canopy Tent Anchor Points. Hunter Simmons said they are in compliance with the Rooftop Terrace Ordinance. Councilmember Martin asked if the anchor and wind velocity are in ordinance. Hunter Simmons commented yes with temporary in nature. Council President Robinson introduced in writing a resolution to award (Bid No. 23-009) to McElhenney Construction Company for Founders Park Athletic Track and Additional Parking Project with a total bid proposal not-to-exceed $2,480,680.04. Councilmember Martin asked for further discussion by Council on resolution. He commented bid is over budget by 1.2 million. Councilmember Conyers asked that Council table or reject resolution. We are not prepared for 2.4 million and need to go back and review. Councilmember Boone commented bids are actual, and could be higher if rebid later. Mayor Sullivan took responsibility of budget. She commented track alone is one (1) million dollars. Our community would be proud of track and it would add to our recreational opportunities. She confirmed with City Treasurer, KimCreech that funds are available in the reserve if Council decides to move forward. Richard Johnson discussed project and contractor compliance. Councilmember Martin moved to reject bid. Seconded by Councilmember Conyers. Councilmember Martin moved to amend motion to reject after discussion and table resolution until February 13, 2023. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson allowed Fairhope High School Coaches Ed Kendall and David Fulford to come forward and speak on the resolution. Ed Kendall discussed the need for a 7 A School Track and funding from the Fairhope Single Tax and School Board. David Fulford asked Council what we are looking for if we do not do it now. Councilmember Conyers discussed the proposal to build track. Mr. Fulford additionally addressed the proposal included a track in soccer field. Council President Robinson discussed versatility of space with funding. Mr. Fulford commented they 9970 23 January 2023 would like to have input on the design. Council President Robinson encouraged the coaches input and safety concerns. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 23-013) to Donohoo Chevrolet, LLC for New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177' WB, 60" CA LT or equivalent with a total bid proposal not-to-exceed $64,784.50. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 4671-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I]That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 23-013) New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177" WB, 60" CA LT or Equivalent at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2]At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation for New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177" WB, 60" CA LT or Equivalent [3]After evaluating the bids with the required specifications, Donohoo Chevrolet, LLC is now awarded (Bid No. 23-013) New Chevrolet Silverado 3500 HD 4WD Crew Cab with 177" WB, 60" CA LT or Equivalent with a total bid proposal budgeted not-to-exceed $64,784.50, under budget $7,215.50. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 Attest: � 23 January 2023 ; ciiyoi Fiiiitiopii.mit tiiiiuiiiiliin ···················· ! jald No. 23-013 W.ldlnt Truck 1or o.. o.pt.l;0penec1 January 10,_2023 at 10:00_A.M._ ....... : :to,,,__ dmylt,..,,,,,. Na_,_ iliiitiilt-' :����1 �e��I . . 9971 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of 400 -42' Rolls of Tiffuf Bermuda Sod for the New Baseball Fields Project at Volanta Park with a not-to-exceed of $44,016.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 4672-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1]That the City of Fairhope approves the procurement of 400 -42' Rolls of TiffufBermuda Sod for the New Baseball Fields Project for Volanta Park Baseball Project.A quote was sent to four (4) vendors, two (2) quotes were obtained, and two (2)vendors did not have inventory available to meet the installation schedule required.Woerner Farms Foley provided the lowest quote for a total not-to-exceed $44,016.00,includes freight and fuel surcharge, over budget $16.00. 23 January 2023 ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 ATTEST: , MC lerk 9972 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of one (I) Toro Groundmaster 3200 4WD Mower or equivalent for the Horticulture Department; and the type of equipment needed is on the Omnia National Contract #201 7025 and therefore does not have to be let out for bid. The total amount not-to-exceed $33,000.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Boone asked for clarification on whether mower was included in the budget. City Treasurer, Kim Creech clarified this mower is not budgeted at $33,000.00. We are not able to get the two (2) lawnmowers ordered at $68,000.00 until 2024. RESOLUTION NO. 4673-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIR HOPE, ALABAMA, as follows: [l]That the City of Fairhope approves the procurement of one (I) Toro Groundmaster 3200 4WD Mower or equivalent for the Horticulture Department; and the type of equipment needed is on the Omnia National Contract #2017025 and therefore does not have to be let out for bid. The total amount not-to-exceed $33,000.00. [2]The Horticulture Department needs to order this additional mower to replace a mower that no longer works. There are two (2) mowers that are currently on order, but delivery is not until 2024. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 9973 23 January 2023 Attest: Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of the Perry Weather Outdoor Warning System and Software for Quail Creek Golf Course; and the type of system needed is on the BuyBoard National Cooperative Contract #647-21; and therefore does not have to be let out for bid with a total amount not-to-exceed $32,591.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 4674-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [l]That the City of Fairhope approves procurement of the Perry Weather Outdoor Warning System and Software for Quail Creek Golf Course; and the type of system needed is on the BuyBoard National Cooperative Contract #64 7-2 l; and therefore does not have to be let out for bid. The total amount budgeted not-to-exceed $3 2,591.00. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 Attest: 9974 23 January 2023 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement for Painting Fire Station #3 Bays with CertraPro Painters with a not-to­ exceed amount of $18,000.00; and authorizes Mayor Sherry Sullivan to execute contract. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 4675-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [l]That the City of Fairhope approves the procurement of Painting Fire Station #3 Bays. Three (3) bids were received for this service. The lowest bid was from CertraPro Painters with a not-to-exceed amount of $18,000.00, over budget $1,000.00; and [2]A Public Works Contract is needed due to project 1s over $15,000.00; and authorizes Mayor Sherry Sullivan to sign contact. DULY ADOPTED THIS 23RD DAY OF JANUARY, 2023 Attest: Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is authorized to execute a contract for Professional Engineering Services with Neel Schaffer, Inc. for (RFQ No. PS23-00 I) Preliminary Engineering for the FY2023 TAP Project - Sidewalks on Blue Island Avenue and Fairwood Boulevard with a not-to-exceed amount of $82,994.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Council President Robinson stated Richard Johnson 9975 23 January 2023 discussed item in Work Session and confirmed we are responsible for all up front engmeenng. RESOLUTION NO. 4676-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1]That Mayor Sherry Sullivan is hereby authorized to execute a contract for Professional Engineering Services with Neel Schaffer, Inc. for (RFQ No. PS23-001) Preliminary Engineering for the FY2023 TAP Project -Sidewalks on Blue Island A venue and Fairwood Boulevard with a not-to-exceed amount of $82,994.00. [2]T APAA-TA23 Grant Agreement was approved on December 21, 2022. T APAA­ T A23 Grant reimbursement 80% on the construction. City Treasurer will need to transfer funds from the General Fund to Capital Project Fund. [3]Construction costs will be budgeted in FY2024. DULY ADOPTED THIS 23RD DAY OF JANUARY, 2023 Attest: Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement (MOA) between the Alabama Law Enforcement Agency (ALEA), and the City of Fairhope Police Department to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children (ICAC) Task Force to combat exploitation of children through the use of the Internet or other electronic means. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Council President 9976 23 January 2023 Robinson asked Chief Stephanie Hollinghead to come forward and give brief. This will give us a trained investigator that is trained to work these crimes. Councilmember Martin asked if there is an additional cost. Chief Hollinghead replied no additional costs. RESOLUTION NO. 4677-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Agreement (MOA) between the Alabama Law Enforcement Agency (hereinafter referred to as "ALEA"), and the City of Fairhope Police Department (hereinafter referred to as "affiliate" or "affiliate agency" to establish a joint multi-agency working group known as the Alabama Internet Crimes Against Children (ICAC) Task Force to combat exploitation of children through the use of the Internet or other electronic means. ADOPTED ON THIS 23RD DAY OF JANUARY, 2023 Attest: Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves and adopts recommendations for the Public Works Department to create and fund three (3) full­ time Custodians (Pay Grade 4); defund five (5) part-time Custodians (Pay Grade 4); and defund Annual Custodial Services Contract with Service Master for automatic renewal on January 26, 2023, and authorizes Mayor Sherry Sullivan to enter a month­ to-month contract with Service Masters. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 9977 23 January 2023 RESOLUTION NO. 4678-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendations for the Public Works Department as follows: 1)Create and fund the three (3) full-time Custodians (Pay Grade Four); and 2)Defund five (5) part-time Custodians (Pay Grade Four) from the FY2023 Budget; and 3)Defund Annual Custodial Services Contract with Service Master that is set for automatic renewal on January 26, 2023, and authorizes Mayor Sheny Sullivan to enter into a month-to-month contract with Service Masters. This month-to­ month contract will end once the fulltime Custodian positions are filled. ADOPTED THIS 23RD DAY OF JANUARY, 2023 ATTEST: Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to participate in the Municipal Workers Compensation Fund, Inc. for the purpose of obtaining workers compensation insurance coverage; and authorizes Mayor Sheny Sullivan to sign documents necessary to complete said coverage. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Council President Robinson confirmed with City Treasurer, Kim Creech this was around a $9,100.00 savings. 23 January 2023 RESOLUTION NO. 4679-23 RESOLUTION TO PARTICIPATE IN THE MUNICIPAL WORKERS COMPENSATION FUND, INC. 9978 NOW COMES, the City of Fairhope, a municipal entity, and desires to participate in the Municipal Workers Compensation Fund, Inc, for the purpose of being insured for workers compensation risk. After due consideration with appropriate motion being made and seconded the following Resolution was adopted: RESOLVED, the City of Fairhope hereby joins the Municipal Workers Compensation Fund, Inc. for the purpose of obtaining workers compensation insurance coverage and authorizes Mayor Sherry Sullivan to sign such documents as necessary to complete said coverage. ADOPTED THIS 23RD DAY OF JANUARY, 2023 ATTEST: , Jerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to implement an effective Safety Program for all employees; and appoint Donnie Grice as Safety Coordinator. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson stated City Treasurer, Kim Creech discussed in Work Session this is the 2nd part to Agenda Item 17 to participate in fund. 9979 23 January 2023 RESOLUTION NO. 4680-23 SAFETY RESOLUTION WHEREAS, Workers Compensation costs have increased dramatically during the last few years, and WHEREAS, good safety practices can result in a reduction of on-the-job injuries, now, therefore, BE IT RESOLVED by the Governing Body of the City of Fairhope as follows: 23 January 2023 1.The City of Fairhope recognizes the importance of safety in the work place and is dedicated to its commitment to safety consciousness. 2.Donnie Grice is appointed as Safety Coordinator with the responsibility of implementing an effective Safety Program for all employees of the City of Fairhope. ADOPTED THIS 23RD DAY OF JANUARY, 2023 ATTEST: lerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to extend an additional two (2) weeks for employees on the City's Health Insurance to complete a biometric screening with Symbol Health Solutions by February 6, 2023. Seconded by Councilmember Boone, motion passed unanimously by voice vote. 9980 23 January 2023 RESOLUTION NO. 4681-23 WHEREAS, the City of Fairhope adopted Resolution No. 4443-22 on April 25, 2022 adopting the Wellness Incentive Program for employees who are on the City's Health Insurance as outlined in resolution. WHEREAS, the City of Fairhope adopted Ordinance No. 1760 an Ordinance amending Ordinance No. 1510 and repealing Ordinance No. 1691 known as the Personnel Rules and Procedures Ordinance as adopted on October 24, 2022. WHEREAS, with the Wellness Incentivized Program, the City asks employees and retirees to participate in a biometric screening during the first month their Blue Cross Blue Shield insurance is effective and each year in November or December. If no coaching is required then there will be no increase to their health premiums. Coaching is required for high risk employees and high risk retirees and if they are compliant with coaching there will be no increase in health premiums for the next year. If 23 January 2023 employees and retirees choose not to participate in the biometric screening within their first month of insurance effective date and each year in November or December, then the City will increase their insurance premium cost by $50.00 per month/$600.00 per year. If the employees or retirees participate in the biometric screening and is non-compliant with the required coaching for the remainder of the year, then their insurance premium will increase by $50.00 per month/$600.00 per year. The Wellness Incentivized Program will begin January 1, 2023. WHEREAS, the City Council would like to extend an additional two (2) weeks for employees on the City's Health Insurance to complete a biometric screening with Symbol Health Solutions. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, hereby approves and extends an additional two (2) weeks for employees on the City's Health Insurance to complete a biometric screening with Symbol Health Solutions by February 6, 2023. ADOPTED THIS 23RD DAY OF JANUARY, 2023 9981 23 January 2023 J ATTEST: \. Councilmember Martin moved to appoint Anna Keene and Steven Scyphers to the Fairhope Environmental Advisory Board for a four (4) year term which will expire January 2027. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Martin moved to appoint Carrie Mackey and Shaunda Matthews to the Fairhope Public Schools Commission for a three (3) year term which will expire January 2026. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Robinson opened Public Participation. There was no participation. Councilmember Conyers moved to adjourn the meeting. Seconded by Councilmember Martin, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:46 p.m.