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HomeMy WebLinkAbout09-09-2024 City Council 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, 9 September 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin 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 invocation was given by Dr. Erick Hankins of First Baptist Church Fairhope and the Pledge of Allegiance was recited. Councilmember Conyers moved to approve minutes of the 26 August 2024, regular meeting; and minutes of the 26 August 2024, work session. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Clerk Lisa Hanks addressed the City Council and presented the following two proclamations: ❖National Voter Registration Day Proclamation was read and given to VicePresident of League of Women Voters Margaret Enfinger Pace; and❖Childhood Cancer Aw areness Month Proclamation was read and given to KimSuchan and Abbie Eubanks. City Clerk Hanks told everyone that Miss Abbieis a childhood cancer survivor thanks to St. Jude Children's ResearchHospital.Ms. Pace with League of Women Voters addressed the City Council and thanked them for the proclamation. She mentioned the last day to register to vote for th e Presidential Election is October 21, 2024. Ms. Pace said you can register on the Alabama Secretary of State's website and it is easy to do. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Burrell introduced in writing an ordinance to rezone the property of Christopher Lieb from R-1, Low Density Single­Family Residential District to B-4, Business and Professional District. The property is approximately 0.69 acres and is located at 7671 Parker Road. PPINS #: 98380, 7684. The Planning Commission gave a favorable recommendation of this ordinance. Council President Martin read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. 10575 9 September 2024 Council President Martin opened the Public Hearing at 6:20 p.m. Property owner Chris Lieb addressed the City Council and said the most you could put on this property is a 3,200 square foot building with parking behind it. No one present opposed the proposed ordinance, the Public Hearing closed at 6:22 p.m. Councilmember Burrell questioned density and if the City Council could put in the ordinance for a "Mandatory Site Plan Review." City Attorney McDowell stated he would have to check to see if this would need to be readvertised with this addition. Due to lack of a motion for immediate consideration, this ordinance will layover until the September 23, 2024 City Council meeting. Councilmember Burrell moved for fmal adoption of Ordinance No. 1811, an ordinance to amend Chapter 10.5 Environment, specifically Article II, Emergency Water Conservation Plan to add Section 10.5-55.5: Mechanical or System Emergency: City of Fairhope Code of Ordinances. (Introduced at the August 26, 2024 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE -Burrell, Martin, Conyers, Robinson, and Boone. NAY -None. 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 Change Order No. 3 for (Bid No. 036-22) Pump Station and Force Main Maintenance -Phase II with a cost of $241,715.00; and to award Change Order No. 3 to A-Long Boring, Inc. The new contract total will be $5,125,025.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5180-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 3 for (Bid No. 036-22) Pump Station and Force Main Maintenance -Phase II with a cost of $241,715.00; and to award Change Order No. 3 to A-Long Boring, Inc. The new contract total will be $5,125,025.00. ADOPTED ON THIS 9TH Corey Martin, Council President Attest: �� �MC City Cler 10576 9 September 2024 Councilmember Burrell intro duced in writing, and moved for the adoption of the following resolution, a resolution to Amend the FY2024 Budget for items that have been previously approved in Regularly Scheduled Council Meetings and as related thereto, are hereby adopted and the adjustments are to be recorded as budget transfers as noted in Resolution. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5181-24 WHEREAS, the City Council adopted on September 25, 2023, a resolution approving and adopting the proposed Budget for the FY2023-2024, Resolution No. 4851-23: and WHEREAS, the City of Fairhope is desirous to amend the Budget for items that have been previously approved in Regularly Scheduled Council Meetings and as related thereto, are hereby adopted and the adjustments are to be recorded as budget transfers as follows: Account Description Debit Credit 004010-50475 Water -Capital Improvement $61,564.75 004010-40900 Transfer In Capital Purchases $61,564.75 001900-50940 Transfer Out -Water/Sewer $61,564.75 001-40950 General -Interest Revenue $61 564.75 103-55940 Cap Project -Founders Track $7,069.00 103-49810 Transfer -General $7,069.00 001900-50965 Transfer -Cap Project Fund $7,069.00 001250-50475 Recreation -Capital Improv $7,069.00 103-55710 Capital Project -Pine St. Improvement $74,938.30 103-55887 Capital Project -ADA Comp $74,938.30 002-50470 Gas -Purchases/Equip $75,000.00 002-59500 Gas -Utility Sys Improvement $75,000.00 001900-50945 Transfer to Fed Grants Fund $1,186,365.11 110-49810 Transfers from General Fund $1,186,365.11 001900-50965 Transfer -Cap Project Fund $2,131,000.00 103-49810 Transfers from General Fund $2,131,000.00 10577 9 September 2024 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope hereby amends the Budget for the FY2023-2024 as recommended and presented above; and authorizes the City Treasurer to make the necessary changes. DULY ADOPTED THIS 9TH Corey Martin, Council President Attest: �� i.UH,MMc City ClerkCouncilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute an Indemnity Agreement between Oak Hollow Fann Inc. and the City of Fairhope for the City's Christmas Event for City Employees at the "Barn" on Friday, December 13, 2024, from 12:00 p.m. to 3:30 p.m. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5182-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized toexecute an Indemnity Agree ment between Oak Hollow Fann Inc. and the City ofFairhope for the City's Christmas Event for City Employees at the "Barn" on Friday, December 13, 2024, from 12:00 p.m. to 3:30 p.m. DULY ADOPTED THIS 9TH D Corey Martin, Council President Attest: ity Clerk 10578 9 September 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to Authorize Submission of Pre-Application for FY2025 Airport Improvement Program and Airport Infrastructure Grant Projects for H. L. "Sonny" Callahan Airport (K.CQF); and any related forms or documents on behalf of the City of Fairhope by its Mayor. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 518.3-24 A RESOLUTION TO AUTHORIZE SUBMISSION OF PRE-APPLICATION FOR FY2025 AIRPORT IMPROVEMENT PROGRAM AND AIRPORT INFRASTRUCTURE GRANT PROJECTS FOR H. L "SONNY'' CALLAHAN AIRPORT (KCQF) WHEREAS, 1he Cify ofFaimope, Alabama, as 1he designated Sponsor for H. L. "Sonny" Callahan Allport (K.CQF) intends to apply for Federal and State matching fi.mds fur Aiiport Improvement Program Project (AIP) Grants and ALDOT Maintenance Grants during fiscal year 2025; and WHEREAS, 1he overall scope of the AIP and ALDOT grants is expected to include nmway rehabilitation; runway lighting system replacement; pavement maintenance on 1he Ea& Tenninal ramp; and pavement maintenance on the Northwest apron, all at H. L ''Sonny" Callahan Aiiport (K.CQF); and WHEREAS, 1he submittal ofthe iro--applicalion is n� and required in order to pursue 1he grants, if awarded THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairhope, Alabama as follows: 1.That the City of Fairhope is authorized to make pre-application for Federal assistance(FAA) and State assistance (ALDOT} for FY2025 projects at H. L. "Sonny" Callahan Airport, to include the following: a.Rehabilitate Runway 1/19-FAAAirport Improvement Program (AIP};b.Replace Runway Lighting System and Guidance Signs -FAA AirportImprovement Program (AIP);c.Pavement Maintenance -East Te rminal Ramp -ALDOT PavementMaintenance Grant Program; andd.Pavement Maintenance -Northwest Apron -ALOOT Pavement MaintenanceGrant Program.2.That the pre-application be submitted for and on behalf of the City of Fairhope by itsMayor, as designated by the City Council, who is au thorized by this Resolution to sign the pre-application and any related forms or documents on behalf of the City of Fairhope. 3.That the final grant agreement, if AIP and/or ALDOT funds are awarded based on thepre-application, shall remain subject to the approval of the City C ii. IN WITNESS WHEREOF, I have hereunto set my han Fairhope on this 2th day of Septembet 2024. Corey Martin, Council President City Clerk 10579 9 September 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves an application submittal to the EDPA's SEEDS funding opportunity in the amount of $1,000,000.00 for the Airport Industrial Park. The grant does require a 50/50 match. The City will utilize the $3,000,000.00 HUD Community Project Funding grant as its match. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5184-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves an application submittal to the EDPA's SEEDS funding opportunity in the amount of $1,000,000.00 for the Airport Industrial Park. The grant does require a 50/50 match. The City will utilize the $3,000,000.00 HUD Community Project Funding grant as its match. DULY ADOPTED THIS 9TH Attest: �anks,MMC City Clerk Corey Martin, Council President Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope accepts Amendment No. 3 to Grant No.8 RDCGR010087-01-02 Restore Act Working Waterfront and Greenspace Restoration Project Agreement for additional grant funds from the U.S. Treasury in the amount of $3,589,095.00; and that City Council authorizes Mayor Sherry Sullivan to sign the amended grant agreement on behalf of the City. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * 10580 9 September 2024 RESOLUTION NO. 5185-24 APPROVAL OF U.S. DEPARTMENT OF THE TRE ASURY NO TICE OF AWARD FOR AMENDMENT NO. 3 FOR GRANT NO. 8 RDCGR010087-01-02 RESTORE ACT WORKING WATERFRONT AND GRE ENSPACE RESTORATION PROJECT WHEREAS, the City of Fairhope was awarded a RESTORE Act Grant (#M1Al4-FHWW) from the Alabama Department of Conservation and Natural Resources (ADCNR) on April 26, 2019 for Fairhope Municipal Pier and South Beach Park Improv ements; and WHEREAS, ADCNR requested additional grant funds from U.S. Treasury in the amount of $3,589,095.00 for the City to implement Phase II of the project that inclu des the bidding, contracting and construction, and construction inspection services; and WHEREAS, U.S. Treasury issued a Notice of Award approving Amendment No. 3, on August 26, 2024 increasing the grant amount to $9,249,829.00 and extending the period of performance to October 31, 2026. The total project cost is $9,988,379.00 with the City covering $1,186,365.00. NOW, THEREFORE IT BE RESOLVED BY THE City of Fairhope, IN REGULAR SESSION ASSEMBLED, that the City accepts Amendment No. 3 to the Grant Agreement; and BE IT FURTHER RESOLVED BY THE City of Fairhope, that the Council authorizes the Mayor to sign the Amended Grant Agreement on behalf of the City. Corey Martin, Council President Attest: �&dL �,MMC City Clerk 10581 9 September 2024 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to Aw ard (Bid No. 24-062-2024-PWI-025) for Stacks Gully Slope Stabilization Project to Thomas H. Davis, III Construction Company, Inc. with a total bid proposal not-to-exceed $186,883.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5186-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1]That the City of Fairhope did request, receive, and open bids for Stacks GullySlope Stabilization Project (Bid No. 24-062-2024-PWI-025) at 555 South SectionStreet, City of Fairhope offices, Fairhope, Alabama.[2]At the appointed time and place, bids were received and tabulated as follows:Thomas H. Davis, III Construction Company, Inc. $186,883.00 Blade Construction, LLC $553,580.00 [3]After evaluating the bids with required specifications, Thomas J. Davis, IIIConstruction Company, Inc. is now awarded (Bid No. 24-062-2024-PWI-025) StacksGully Slope Stabilization Project for a bid proposal not-to-exceed $186,883.00.DULY ADOPTED THIS 9TH Corey Martin, Council President Attest: Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Wolfe House Movers, LLC to conduct an on-site moving feasibility study for To lstoy Park, a.k.a. The Henry Stuart House, Henn.it House and allows the Mayor to execute a contract for a not-to-exceed cost of $6,500.00. The motions was seconded by Councilmember Conyers. 10582 9 September 2024 Councilmember Boone said this will be paid out of citizens money. Councilmember Burrell stated this is a good compromise for the home. Sonny Brewer addressed the City Council and read an excetpt out of a Facebook page regarding this home. Mr. Brewer said that post has had 6,500 responses and 1,100 shares; commented that would be approximately 130,000 views. He thanked the City Council for allowing the feasibility study and help with this home. After further discussion, motion passed unanimously by voice vote. RESOLUTION NO. 5187-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection of Wolfe House Movers, LLC for Consultant Services for Structure Moving Feasibility Study and Cost Proposal to move Tolstoy Park, a/k/a The Henry Stuart House -Hermit House; and hereby authorizes Mayor Sherry Sullivan to execute a Contract with a contract not-to-exceed amount of $6,500.00. Corey Martin, Council President Attest: h-Hc� City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-060-2024-PWI-002) to American Tennis Courts, Inc. for New Tennis & Pickleball Courts at Mike Ford Tennis Center with a bid proposal not-to-exceed $600,745.95. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * 10583 9 September 2024 RESOLUTION NO. 5188-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1]That the City of Fairhope did request, receive, and open bids for New Tennis andPickleball Courts at Mike Ford Tennis Center (Bid No. 24-060-2024-PWI-002) at 555South Section Street, City of Fairhope offices, Fairhope, Alabama.[2]At the appointed time and place, bids were received and tabulated as follows:Harris Contracting Services American Tennis Courts, Inc. PL Russell, LLC $708,750.00 $600,745.95 $649,934.89 [3]After evaluating the bids with required specifications, American Tennis Courts,Inc. is now awarded (Bid No. 24-060-2024-PWI-002) New Tennis and PickleballCourts at Mike Ford Tennis Center for a bid proposal not-to-exceed $600,745.95.DULY ADOPTED THIS 9 Corey Martin, Council President Attest: �d � City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution as amended and read, a resolution that the City Council adopts the following recommendation from the Recreation Board for Mike Ford Te nnis Center and Quail Creek for To urnaments and School Play ( other than Fairhope Middle and High School) subject to availability and staff approval with no rental fee deductions: To set a rental fee rate for the use of hard courts only at Mike Ford Tennis Center be set at $100.00 per court for a total of 4 hours maximum; and $50.00 per court for pickleball courts (including the pickleball courts at Quail Creek) for a total of 4 hours maximum. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. 10584 9 September 2024 RESOLUTION NO. 5189-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council adopts the following recommendation from the Recreation Board for Mike Ford Tennis Center and Quail Creek for Tournaments and School Play (other than Fairhope Middle and High School) subject to availability and staff approval with no rental fee reductions: 1.To set a rental fee rate for the use of hard courts only at Mike Ford TennisCenter be set at $100.00 per court for a total of 4 hours maximum; and $50.00per court for pickleball courts (including the pickleball courts at Quail Creek)for a total of 4 hours maximum.Adopted this 9th day o�======� Corey Martin, Council President Attest: Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution as amended and read, a resolution that the City Council adopts the following recommendation from the Recreation Board for Fairhope Municipal Indoor Pool subject to availability and staff approval with no rental fee deductions: That the Eastern Shore Parents Aquatic Foundation, Inc. (SWAT) continue to utilize pool lane rental fees in the amount of $1,200.00 per month; Individual indoor pool lane rental fees be $25.00 per lane/per hour (this will include lane rental fees for Bayshore Christian School and St. Michael's Catholic School); and to allow Eastern Shore Masters Swim pay a total of $250.00 per month for the use of 4 indoor pool lanes on Monday, Wednesday, and Friday from 5:30 a.m. to 7:00 a.m. only; and in tum, Eastern Shore Masters Swim will provide the City withdocumentation of 8 hours of in-kind services (swimming lessons) each month.Seconded by Councilmember Conyers, motion passed unanimously by voice vote.10585 9 September 2024 RESOLUTION NO. 5190-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council adopts the following recommendation from the Recreation Board for Fairhope Municipal Indoor Pool subject to availability and staff approval with no rental fee reductions: 1.That Eastern Shore Parents Aquatic Foundation, Inc. (SWAT) continue toutilize pool lane rental fees in the amount of $1200.00 per month; and2.Individual indoor pool lane rental fees be $25.00 per lane/per hour (this willinclude lane rental fees for Bayshore Christian School and St. Michael'sCatholic School); and3.To allow Eastern Shore Masters Swim to pay a total of $250.00 per month forthe use of 4 indoor pool lanes on Monday, Wednesday, and Friday from 5:30a.m. to 7:00 a.m. only; and Eastern Shore Masters Swim will provide the Citywith documentation of 8 hours of in-kind services (swimming lessons) eachmonth.Attest: UsaA.Hank�MC City Clerk Corey Martin, Council President Councilmember Robinson moved to appoint Mike Baugh and Mary Lee Matzenger to the Recreation Board for a five-year term which will expire September 2029. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Burrell moved to appoint the following individuals to the Historic Preservation Commission with staggered terms: Mara Kozelsky, Dannie Mixon, and Amy Molyneux for a three-year term which will expire September 2027; Susan Stein and Harvey "Skip" Jones for a two-year term which will expire September 2026; and Ginger Golson and Gary Gover for a one-year term which will expire September 2025. The motion was seconded by Councilmember Boone. 10586 9 September 2024 Councilmember Robinson said we received many qualified applicants; and hopefully with the one-year terms we can cycle some of the other applicants. After further discussion, motion passed unanimously by voice vote. Councilmember Robinson moved to grant the request of Celeste Rivenbark, Executive Director of Fairhope Educational Enrichment Foundation (FEEF) requesting to serve beer and alcohol on Friday, September 27, 2024, for FEEF's Inaugural Te nnis Tournament to be held at the Mike Ford Te nnis Center at 600 Morphy Av enue. The event will begin at 8:00 a.m. and will conclude at 1 :00 p.m. These beverages will be available in accordance with Alabama Alcohol Beverage Control guidelines. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:54 p.m. Corey Martin, Council President City Clerk 10587