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HomeMy WebLinkAbout03-06-2024 City Council MinutesSTATE OF ALABAMA COUNT Y 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 Wednesday. 6 March 2024. 10366 Present were Council President Corey Martin. Councilmernbers: Jack Burrell. Jimmy Conyers. Jay Robinson. and Ke\'in Boone. Mayor Sherry Sullivan. City Attorney Marcus E. McDowell. and City Clerk Lisa A. Hanks. There being a quorum present. Council President Martin called the meeting to order. The in\'ocation was gi\'en by Mike Megginson of 3 Circle Church and the Pledge of Allegiance was recited. Councilmember Robinson mo, ed to appron: minutes of the 26 February 2024. regular meeting: and minutes of the 26 February 2024. work session. Seconded by Councilmernber Conyers. motion passed unanimously by ,·nice ,·ote. Mayor Sulli\'an addressed the City Council and reminded e\'eryone about Arts and Crafts Festival next weekend. She thanked the volunteers and staff for their hard work with the Festi\'al. Councilrnember Burrell said the Arts and Crafts Festi\'al is one of his fa\'orite events that the City of Fairhope holds. He too thanked e\'eryone for their work with the F esti \'al. Councilmember Robinson announced that next Saturday is Opening Day for baseball and softball unless it is rained out. He said then Opening Day would be Sunday. Councilrnember Conyers llllH'ed for final adoption of Ordinance No. 1792. an ordinance to annex the property of JVN Holdings. LLC located at 18060 Greeno Road. Fairhope, Alabama. Tax Parcel 46-08-28-0-000-020.002 (PIN Number 348043 ): containing 2.20 acres. more or less. ( Introduced. City Council Meeting. February 26. 2024) Seconded by Councilmernber Robinson. motion for final adoption passed by the following ,·oice ,·otes: AYE -Burrell. Martin. Conyers. Robinson. and Boone. NAY -None. Councilmember Conyers introduced in wntmg an ordinance amending Ordinance No. 1692: and repealing Ordinances No. 1479. No. 1587. and No. 1595: The Rules of Procedure in all instances for the Meetings of the City Council: Section II and Section Ill; specifically the City Council Meetings. Due to lack of a motion for immediate consideration. this ordinance will layover until the March 21. 2024 City Council meeting. 10367 6 March 2024 Councilmember Burrell introduced in \\'riting. and 1110\'ed for the adoption of the fr)llo\\'ing resolution, a resolution that the public impro\'ements indicated herein for Old Battles Village. Phase 48 are hereby accepted for public maintenance subject to the bond posted: and authorizes Mayor Shen)· SulliYan to execute the Maintenance and Guaranty Agreement bet\\'een the City of Fairhope and 68V OB\' 2020. LLC. Seconded by Councilmember Conyers, motion passed unanimously by ,·oice ,·ote. RESOLUTION NO. 5005-24 WHEREAS. the (hrncrs of Old Battles Village. Plrnse Four-B desire to ha,c all public streets and public right-of-ways dedicated on the plat tiled f<.1r record in the Pnibate Records of Bald\\'in County. Alabama. on Slide 2817-0. and all Fairhope public utilities located in public right-of-\\'ays accepted for maintenance by the City of Fairhope. Alabama. and: \\'HERE:\S. the City of Fairhope. Alabama. has recei,·ed notice from the engineers of the project that the design and capacity of the public impnwemcnts ha,·e been designed in Cllllfonnancc \\'ith City requirements. and: \\'HEREAS. the Public \\'orks Director has indicated that the imprmemcnts meet City requirements. and: \\'HEREAS. the City of Fairhope. 1\labama. has rcceiYed from the owners of< )Id Battles Village. Phase Four-B. maintenance bonds for the public imprm ements rnnstructed for a period of I year. and: NOW, THEREFORE BE IT RESOLVED BY THE CIT\' COUNCIL OF TIIE CIT\' OF FAIRHOPE, ALAB:\1\1:\ that the public imprmements indicated herein ti.1r Old Battles Village. Phase Four-B arc hereby accepted for public maintenance subject to the bond posted by the .. Sulxli,ider:·· and authorizes l\1ayor Sherry Sulli,·an to e.\eeute the l\1aintenance and Guaranty Agreement bct\\·een the City of Fairhope and 68\' OB\' 2020. LLC (the "Subdi, ider"). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outs· imits of the right-of-way of the public streets, \Yhcthcr or not such may be located ithin de ic ed easements in any of these de,-elopments. Corey Martin. Council President Attest: 10368 6 March 2024 Councilmemher Rohinson introduced in \\'riting. and mo\'ed for the adoption of the following resolution, a resolution that the City Council herehy authorizes Mayor Sherry Sulli\'an to execute an Agreement het\\'een the Bald\\'in County Commission. Rock\\'cll. LLC. Encounter De, clopment LLC and the City of Fairhope to allm,· Final Plat appro\'al so that portions of a Suhdi, ision. knmrn as Rock\\'ell Place. may annex into the City of Fairhope. Seconded hy Councilmemher Boone. motion passed unanimously hy voice vote. RESOLUTION NO. 5006-24 BE IT RESOL\'ED BY THE GO \'ERNING BODY OF THE CITY OF FAIRHOPE. ALABA!\IA, that the City Council herehy appn)\'es and authorizes Mayor Sherry Sullirnn to execute an Agreement ,,·ith the Bald\\'in County Commission. Rock\\'cll. LLC. Encounter De,·clopment LLC and City of Fairhope to allow Final Plat appro\'al so that portions of a Suhdivision. known as Rockwell Place. may annex into the City of Fairhope. ADOPTED ON THIS 6TH DAY Corey Martin. Council President Attest: &tt� 1 A. s,MMC � Councilmemher Boone introduced in \\'riting. and mo\'ed fiH the adoption of the following resolution. a resolution that the Mayor is hereby authorized to sign and execute any necessary and appropriate documents. including grant applications and grant agreements. so that the City of Fairhope and Fairhope Airport Authority can recei,·e the grant funding descrihed aho\'e. acting for and in hehalf of the H. L. "Sonny .. Callahan Airport in Fairhope. Alahama so that the grant applications for this AIP funding opportunity may he finalized. appro\'ed. and accepted in accordance with applicahle la\\' and procedures. Seconded hy Councilmemher Conyers. motion passed unanimously by ,·oice ,·ote. 10369 6 March 2024 RESOLUTION NO. 5007-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAI\I:\, APPRO\'ING AND AUTHORIZING THE CITY TO APPLY FOR AND ENTER INTO A GRANT AGREEI\IENT WITH THE FEDERAL A YU. TION ADI\IINISTRA TION FOR THE BENEFIT OF FAIRHOPE AIRPORT AUTHORITY AND THE FAIRHOPE AIRPORT \\'HEREAS. the United States of America acting through the Federal A\ iation Administration has offered to pay an amount not to exceed S 150,000.00. together \\'ith matching Ii.Inds from the Alabama Department of Transportation in the amount of $8,334.00. for the 20 24 AIP Funding Opportunity. \\'ith the owrall scope of the projects being reimbursement lex land acquisition: \\'HERL\S this offer of the Federal A\ iation Administration and the Alabama Department of Transportation is contingent upon the sponsor's acceptance of the grant in accordance \\'ith its tenns. namely and including, among others. the ·•Airport Sponsor Assurances .. included as part of the Grant Agreements: \VHEREAS. the City of Fairhope continues as a sponsor of the 11. L. --sonny" Callahan Airport due in part to a funding agreement bct\\'een the City and Fairhope Aiqmrt Authority related to a portion of the H. L. '"Sonny" Callahan Airport property: and \\'HEREAS. the City. as airport sponsor. desires to apply for and to accept the AIP Funding Opportunity for the benefit of Fairhope Aiqmrt Authority and the Airport. NO\\', THEREFORE, BE IT RESOL \'ED by the City Council of the City of Fairhope. in a regular meeting of the City Council. that the l\1ayor is hereby authorized to sign and execute any necessary and appropriate documents. including grant applications and grant agreements. so that the City of Fairhope and Fairhope Aiqx1rt Authority can recci\'c the grant funding described abmc. acting for and in behalf of the H. L. "Sonny .. Callahan Aiq1ort in Fairhope. Alabama so that the grant applications for this AIP fun • 1g opportunity may be finalized, approwd. and accepted in accordance \\'ith applicable w ar d procedures. Corey Martin. Council President ATTEST: �u c:: 10370 6 March 2024 Councilmember Robinson introduced in writing. and mo\'ed for the adoption of the follo\\'ing resolution, a resolution that the City of Fairhope hereby accepts the Gulf of Mexico Energy and Securities Act (GO MESA) grant award of $620.000.00 for Shoreline Restoration at Magnolia Beach: and authorizes Mayor Sherry Sulli\'an to sign all required grant documents on behalf of the City. Seconded by Councilmember Boone. motion passed unanimously by \'oice \ote. RESOLUTION NO. 5008-24 AUTHORIZING THE EXECUTION OF A GOI\IESA GRANT AGREEI\IENT \\'ITII THE ALABAMA DEPARTI\IENT OF CONSER\'ATION AND NATURAL RESOURCES FOR TIIE I\IA GNOLIA BEACH SH ORELINE RESTORATION \\'HE REAS. the City of Fairhope \\ as recently a\\·arded a Gulf of Mexico Energy Security Act of 2006 ((iO1\1ESA) Grant (No. G-CFl\1B 23 CF) \\'ith the Agreement by and between the State of Alabama Department of Conscnation and Natural Resources (:-\DCNR) for the Magnolia Beach Shoreline Restoration: and \VHEREAS. the total estimated project cost is S700.000.00. of which the grant amount is a not-to-exceed amount of $620,000.00 to allm\· satisfactory completion of all Project Ser\iccs follm\·ing the execution of this Agreement: and WHEREAS. the City of Fairhope \\arrants and represents that it \\'ill use the GO.MESA funds pro\ided under this Agreement in accordance \\·ith apprm·ed GO.MESA and consistent \\'ith all applicable stated and federal laws: and WHEREAS. City Staff will pro\ide oversight of the project which shall begin on the date of the Mayor's signature and end in approximately 24 months: BE IT RESOLVED B\' THE GOVERNING BODY OF THE CIT\' OF FAIRHOPE, ALABAI\I A. that City Council authorizes acceptance of the GOMESA Grant award from ADCNR and authorizes the Mayor to sign the Gr greement and other grant related documents on behalf of the City. DULY ADOPTED Tl IIS (iTI I Corey Martin. Council President ATTEST: 10371 6 March 2024 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution. a resolution that Mayor Sherry Sullivan is hereby authorized to execute the Warranty Deed from the City of Fairhope to Fairhope Single Tax Corporation for the property described in said Warranty Deed less the "Encroachment Note-2''. Seconded by Councilmcmber Robinson, motion passed unanimously by voice \'Ote. RESOLUTION NO. 5009-24 WHEREAS, Fairhope Single Tax Corporation and the City of Fairhope entered into a Re\·ersionary Warranty Deed filed of record March I 9, 197 3, in Book 442, Page 465, \\ herein FSTC deeded to Fairhope. subject to a rcYersionary clause, the follo\,·ing described real property situated in Baldwin County. Alabama, to-wit: All of Lot I-A. according to the rep lat of Block 15. Di\ is ion I, and Block 30, Di\ision 2. lands of the Fairhope Single Tax Corporation, as recorded in Map Book 8, Page 60. Slide 715-B. in the Office of the Judge of Probate. Bald,,·in County, Alabama. Frac ·1 Section 18, T6S. R2E, Bald\, in County, Alabama. WHEREAS, That comeyance ,,as made upon the express condition subsequent that in the e\ent that the abme described property shall be abandoned or no longer used by the Fairhope as an electrical substation in connection ,, ith its electrical distribution system that the title to the abo \ e described property shall thereupon immediately reYert back to the Fairhope Single Tax Corporation. its successors or assigns. \\'HEREAS, That conYeyancc contained an "Encroachment Note-2'" upon the l\forphy A\enue right-of-,, ay that ,, ould continue to exist until such time as the site is no longer used as an electrical substation. at \\·hich time the area shown as an encroachment upon the Morphy AY enue right-of-,, ay \Hrnld become a part of said right-of-,,·ay as platted thereon. WHEREAS, Fairhope has abandoned and no longer uses the abow described property as an electrical substation in connection ,,ith its electrical distribution system. NOW THEREFORE BE IT RESOLYED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That Mayor Sherry SulliYan is hereby authorized to execute the Warranty Deed from the City of Fairhope to Fairhope Single Tax Corpo t1 n for the property described in said Warranty Deed less the "'Encroachment Note-2." Adopted on this 6th day o Corey Martin, Council President Attest: �IJ�LL'City Clerk 10372 6 March 2024 Councilmemher Boone introduced in writing, and moved for the adoption of the following resolution. a resolution that the City of Fairhope does herehy grant and convey unto itself certain dedicated right of way easements on the Flying Creek Nature Preserve. Said conveyances are for a public purpose. constitute approximately 0.09 and 0.01 total acres and have no impact on park usage. Seconded hy Councilmemher Conyers, motion passed unanimously hy voice vote. RESOLUTION NO. 5010-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I]That the City Council approves the selection of ThompsonEngineering/Watemrnrk Design for (RFQ PS24-0 l 5) Master Planning Services forthe South Tract of the Flying Creek Nature Preserve -Off-Road Bicycling Facilitiesand Amenities: and herehy authorizes Mayor y Sullivan to negotiate the feeschedule.DULY ADOPTED THIS 6TH Corey Martin. Council President Attest: Lidk� City Clerk Councilmemher Conyers introduced in writing, and moved for the adoption of the follmving resolution. a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering and Architectural Services for ( RFQ PS24-015) Master Planning Services for the South Tract of the Flying Creek Nature Presen·e -Off-Road Bicycling Facilities and Amenities to Thompson Engineering/Watermark Design: and allo\\' Mayor Sulli,·an to negotiate the not-to­exceed fee to he appn)\'ed by Council. Seconded hy Councilmemher Rohinson. motion passed unanimously hy ,·oice vote. 10373 6 March 2024 RESOLUTION NO. 5011-24 BE IT RESOL \'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1] That the City Council appn)\'es the selection of Thompson Engineering/Watennark Design for (RFQ PS24-015) Master Planning Services for the South Tract of the Flying Creek Nature Preserve -Off-Road Bicycling Facilities and Amenities: and hereby authorizes Mayor Sherry Sullivan to negotiate the fee schedule. DULY ADOPTED THIS 6TH Corey Martin. Council President Attest: Councilmember Burrell introduced in writing, and moved for the adoption of the follo wing resolution, a resolution to Award (Bid No. 24-026) to Xtreme Golf Management for Greens Drainage Project at Quail Creek Golf Course with a bid proposal not-to-exceed $115,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Burrell said just because it is under budget. the Department does not ha\·e an additional S 15,000.00 to spend. * * * 10374 6 March 2024 RESOLUTION NO. 5012-24 BE IT RESOL\'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I]That the City of Fairhope did request. recei\·e. and open bids to procure ser\'ices for (Bid No. 24-026) for Greens Drainage Project at Quail Creek Golf Course at 555 South Section Street at the City of Fairhope offices, Fairhope. Alabama. [2]At the appointed time and place. on bid \\"US received and tabulated as follows: Xtreme Golf Management $115.000.00 [3]Atter evaluating the bid with required specifications. Xtreme Golf Management is now awarded (Bid No. 24-026) for Greens Drai e Project at Quail Creek Golf Course with a bid proposal not-to-exceed $115.00 .00 DULY ADOPTED THIS 6TH D Corey Martin. Council President Attest: City Clerk Councilmember Robinson introduced in writing. and moved for the adoption of the following resolution. a resolution that the City of Fairhope approves the renewal of the Motorola Astro System Ad\'anced Plus Package for the Police Department from Motorola Solutions as Sole Source: and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51 ( 13). The cost will not-to-exceed S33.330.48. Seconded by Councilmember Conyers. motion passed unanimously by \'Oice vote. * * 10375 6 March 2024 RESOLUTION NO. 5013-2-t BE IT RESOL\'ED BY THE GO\'ERNING BODY OF THE CITY OF FAIRHOPE, ALABAI\IA. as follo\\'s: [ 1]That the City of Fairhope approves the procurement of the renewal of the Motorola Astro System Adrnnced Plus Package for the Police Department from Motorola Solutions for a not-to-exceed cost of S33.330.48. [2]Sen·ice Agreement includes the System Upgrade Agreement II. the ASTRO SUA II Field Implementation Ser\'ice. and the ASTRO System Adrnnced Plus Package. [3] This equipment is exempt from fomrnl hiddi er Code of Alabama 1975, Section 41-16-57(h)( 1 ). Motorola Solutions is the ole S urce provider. ADOPTED ON THIS 6TH DA'I OF Corey Martin. Council President Attest: �� City Clerk Councilmemher Bun-ell mo\'ed to grant the request of Chad Clark. E\·ent Coordinator. The Fairhope Rotary Cluh Foundation requests appn)\'al of the "Fairhope Rotary Cluh Steak Cook-Otr' on May 11. 2024 for street closures on Bancroft Street. het\\Ten Fairhope A\·enue and Morphy A\·enue. and Johnson AYenue het\\'een Section Street and Bancroft Street: e\ ent from 12:00 p.m. to midnight: and appn)\·al to allo\\' alcohol on City streets contingent upon ABC License and appro\·al. Seconded hy Councilmemher Conyers. motion passed unanimously hy \ oice \'ote. Councilmemher Bun-ell mo\·ed to adjourn the meeting. Seconded by Councilmemher Conyers. motion passed unanimously hy \oice \'0te. 10376 6 March 2024 There being no further business c me before the City Council, the meeting was duly adjourned at 6:22 p.m. Corey Martin, Council President