HomeMy WebLinkAbout12-12-2022 City Council MeetingST A TE OF ALABAMA
COUNTY OF BALDWIN
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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, 12 December 2022.
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Present were Council President Jay Robinson, Councilmembers: Jack Burrell,
Corey Martin, and Jimmy Conyers, Mayor Sherry Sullivan, City Attorney Marcus E.
McDowell, and City Clerk Lisa A. Hanks. Councilmember Kevin Boone was absent.
There being a quorum present, Council President Robinson called the meeting
to order. The invocation was given by Pastor Rick Malugani of Fairhope Christian
Church and the Pledge of Allegiance was recited.
Council President Robinson announced that Agenda Item Number 15 has been
pulled from the agenda.
Councilmember Martin moved to approve minutes of the 28 November 2022,
regular meeting; and minutes of the 28 November 2022, work session. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
Mayor Sullivan addressed the City Council and thanked the churches for
hosting the Live Nativity. She commended the Gas Department for the Public Service
Commission naming them "Gas System of the Year." Mayor Sullivan said that she
was told our employees were transparent and honest.
Mayor Sullivan recognized Diane Thomas for her 12 years of service on the
Personnel Board; and thanked her for all of the work she did for the City while on this
Board. Ms. Thomas addressed the City Council and stated this was the best volunteer
job she ever had. She mentioned the following five major accomplishments achieved
during those 12 years:
1)In 2012 completed the City's first Compensation and Job Classification Plan. She
thanked City Clerk Lisa Hanks and Lorenzo Thomas for their help with this project.
2)Disciplinary Hearing Process
3)Zero Tolerance Drug Policy
4)Safety Procedures Manual and hiring a Safety Coordinator
5)Adequately staffed Human Resources Department
Ms. Thomas said you have a strong Personnel Board. She introduced Genie Frazer to
the City Council and told them Ms. Frazer will be the new Chair for the Board. Ms.
Thomas mentioned the rest of the Personnel Board and their qualifications: Jake
O'Neil, Rob Stankoski, Terry Ullrich, and Tyler Gamer. She stated that Kevin Boone
was the best Council Liaison for the Personnel Board.
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12 December 2022
Mayor Sullivan recognized Bob Mull for his I 6 plus years of service as a
James P. Nix Center Volunteer. She said he was over approximately 40 to 50 senior
golfers from the Nix Center. Mr. Mull said he enjoyed volunteering for the City and
thanked them.
Councilmember Burrell commended the Gas Department for being named the
Gas System of the Year. He also thanked all of the City's employees: and said the
luncheon on Friday was great. Councilmember Burrell told everyone to be safe
through the Holidays.
Councilmember Martin told everyone Merry Christmas.
Councilmember Martin moved for final adoption of Ordinance No. 1764, an
ordinance to amend Zoning Ordinance No. 1253; and to amend Ordinance No. 1664
and 1708, known as the Klumpp PUD with Staffs recommendations. The property
of Gayfer Village Partners, Inc. is approximately 75.85 acres and is generally located
on the west side of State Highway 181 between Gayfer Road Ext. and Fairhope
Avenue in Fairhope. Alabama. PPIN Numbers: 24160. 316793, 236701. (Introduced
at the November 28, 2022 City Council Meeting) Seconded by Councilmember
Conyers, motion for final adoption passed by the following voice votes: A YE -
Burrell, Martin, Conyers, and Robinson. NAY -None.
Councilmember Conyers moved for final adoption of Ordinance No. 1765, an
ordinance to amend Zoning Ordinance No. 1253 and to zone of R\V Battles, LLC
property to B-2 General Business District, concurrent with conditional annexation
into the City of Fairhope. The property is approximately 21.18 acres and is located on
the northwest comer of Greeno Road and Old Battles Road. PPIN Numbers: 17515,
391379, 391372, 391373, 391374, 391375, 391376. (Introduced at the November 28,
2022 City Council Meeting) Seconded by Councilmember Martin, motion for final
adoption passed by the following voice votes: A YE -Bun-ell, Martin, Conyers, and
Robinson. NAY -None.
Councilmember Conyers moved for final adoption of Ordinance No. 1766, an
ordinance discontinuing the issuance of Building Permits outside of the Corporate
Limits within the Police Jurisdiction and Repealing Ordinance No. 1129 regarding the
issuance of Building Permits within the Police Jurisdiction of the City of Fairhope,
Section 7-16 of the City of Fairhope Code of Ordinances. (Introduced at the
November 28, 2022 City Council Meeting) The motion was seconded by
Councilmember Burrell who then questioned if anyone would rush to get projects
done if approved. Planning Director Hunter Smith mentioned the moratorium and
length of time the process is for projects. Mayor Sullivan commented this does affect
the Police Jmisdiction. After further discussion, motion for final adoption passed by
the following voice votes: A YE -Bun-elL Martin, Conyers, and Robinson. NAY -
None.
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12 December 2022
Councilmember Martin moved to approve the 2023 Regular City Council
Meetings. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
Planning Director Hunter Simmons addressed the City Council to explain the
Site Plan Review of property owned by FST Robert N Graham LLC. Located on the
southeast comer of Fairhope Avenue and U.S. Highway 98, Fairhope, Alabama for a
proposed Starbucks. The subject property is zoned B-2, General Business District,
and is approximately 0. 7 acres. PPIN Number: 64946. (Planning Commission
unanimously voted to recommend City Council approve SR 22.03).
Councilmember Martin moved to approve the Site Plan property owned by
FST Robert N Graham LLC listed above with Staffs conditions and an additional
condition: 5. Add a planting island on the south end of the exit drive to deter
incoming traffic (from Greeno Rd.).
1 ) A Shared Parking Agreement shall be executed prior to issuance of the building
pennit.
2)Tree removal pennit and fees shall be provided at the time of building pennit.
3)A sign plan shall be submitted via Citizen Serve to Code Enforcement for review and
approval.
4)Electric services shall be coordinated at the time of pennitting with aid-to
construction costs and applicable easements. Final plans for all utilities and any
associated aid to construction costs shall be approved by the respective Supervisor
prior to submittal of a building pennit.
Final plan may be approved by staff. Seconded by Councilmember Conyers, motion
passed unanimously by voice vote.
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council hereby approves and
authorizes the City of Fairhope to execute a Memorandum of Understanding between
the City of Fairhope, the City of Spanish Fort, and the Coastal Alabama Community
College for the purpose of receiving and extending services in the form of a unified
Special Response Team (SRT) with related services and resources extended to one
another when such assistance is requested. Seconded by Councilmember Conyers,
motion passed unanimously by voice vote.
*
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12 December 2022
RESOLUTION NO. 4647-22
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Council hereby approves and authorizes the City of Fairhope to
execute a Memorandum of Understanding between the City of Fairhope, on behalf of its
Police Department ("Fairhope PD"). the City of Spanish Fort, on behalf of its Police
Department ("Spanish Fort PD'') and the Coastal Alabama Community College Police
Department (the "'Participating Agencies") for the purpose of receiving and extending
services in the fonn of a unified Special Response Team (SRT) with related services and
resources extended to one another when such assistance is requested. The Team will consist
of members from Participating Agencies.
ADOPTED ON THIS 12 TH DAY OF DECEMBER, 2022
Attest:
� City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution to Repeal and Replace Resolution No. 4432-22
City Council approves and authorizes request by Mayor Sherry Sullivan for an
additional one (1) year extension on the Maynard, Cooper & Gale, P. C. Engagement
Letter Agreement executed on April 11, 2022 with a not-to-exceed amount of
$96,000.00. Seconded by Councilmember Conyers, motion passed unanimously by
voice vote.
RESOLUTION NO. 4648-22
WHEREAS, on April 11, 2022 the City Council approved and authorized Mayor
Sherry Sullivan to execute the Maynard, Cooper & Gale, P.C. Engagement Letter
Agreement for the City of Fairhope. Engagement Letter Agreement was executed for
a six (6) month period with a not-to-exceed amount of $54,000.00 via Resolution No.
4432-22.
\VHEREAS, the Mayor is desirous to extend this engagement for an additional year
from October 2022 to September 2023 with a not-to-exceed amount of $96,000.00
(retainer fee of $8,000.00 per month).
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12 December 202.2
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council hereby authorizes Mayor Sherry SulliYan to execute a
one year extension of the Maynard, Cooper & Gale, P.C. Engagement Letter Agreement for
the City of Fairhope. Engagement Letter with Maynard, Cooper & Gale, P.C. from October
2022 to September 2023 with a retainer fee of Eight Thousand Dollars ($8,000.00) per
month; and a not-to-exceed amount of $96,000.00.
DULY ADOPTED THIS 12TH DAY OF DECEMBER, 2022
inson, Council President
Atte�.L
� �M . y Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Shen-y Sullivan is hereby authorized
to execute a Contract for Professional Engineering Services for Power Line
Conversion along Magnolia A venue between Bancroft Street and Church Street with
Hi-Line Engineering (RFQ PS23-002) with a negotiated not-to-exceed budgeted
amount of $75,000.00. Seconded by Councilmember Martin, motion passed
unanimously by voice vote.
RESOLUTION NO. 4649-22
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
That Mayor Sherry Sullivan is hereby authorized to execute a Contract for Professional
Engineering Services for Power Line Conversion along Magnolia Avenue between Bancroft
Street and Church Street with Hi-Line Engineering (RFQ PS23-002) with a negotiated not
to-exceed budgeted amount of $75,000.00.
DULY ADOPTED THIS 12TH DAY OF DECEMBER, 2022
obinson, Council President
Attest: �"� City Jerk
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12 December 2022
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution to Award (Bid No. 23-004-2023-PWI-007)
Metal Building 50 x 100 x 18 Truck Shed for the Electric Department to Southern
Steel Structures with at total bid proposal budgeted not-to-exceed $102,659.00.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 4650-22
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 to procure services
for (Bid No. 23-004-2023-PWI-007) Metal Building 50 x 100 x 18 Truck Shed for
the Electric Depaiiment 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
Metal Building (50x 1 00x 18) Truck Shed
[3]At the appointed time and place; after evaluating the bids with the required
specifications, Southern Steel Structures is now awarded (Bid No. 23-004-2023-PWI
-007) Metal Building (50x I 00x 18) Truck Shed with a total bid proposal budgeted
not-to-exceed $102,659.00.
ADOPTED ON THIS 12TH DAY OF DECEMBER, 2022
Attest:
12 December 2022
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Counci1member Martin introduced in writing, and moved for the adoption of
the fo11owing resolution, a resol ution to Award (Bid No. 23-006) to Install New Bay
Doors at Fire Station 3 located at Fairhope Airport for the Fire Department to Bailey
Door, Inc. with a total bid proposal budgeted not-to-exceed $58,378.00. Seconded by
Councilmember Burre11, motion passed unanimously by voice vote.
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12 December 2022
RESOLUTION NO. 4651-22
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[ 1]That the City of Fair hope did request, receive, and open bids to procure services
for (Bid No. 23-006) to Install New Bay Doors at Fire Station 3 located at Fairhope
Airport for the Fire Department at 555 South Section Street in the City of Fairhope
offices, Fairhope, Alabama.
[2]At the appointed time and place, bid was received and tabulated as follows:
Bailey Door, Inc. $58,378.00
[3]At the appointed time and place; after evaluating the bid with the required
specifications, Bailey Door, Inc. is now awarded (Bid No. 23-006) to Install New Bay
Doors at Fire Station 3 with a total bid proposal budgeted not-to-exceed $58,378.00.
ADOPTED ON THIS 12TH DAY OF DECEMBER, 2022
Attest:
��� ��MC
City Clerk
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 one (1) 2023 Ford F-250 Super Crew 4x4 Pickup or equivalent for the
Gas Department from Stivers Ford Lincoln: the type of vehicle needed is on the State
of Alabama Division of Purchasing Contract Number Tl 91 and therefore does not
have to be let out for bid; total cost not-to-exceed $44,388.00. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
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12 December 2022
RESOLUTION NO. 4652-22
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[I]That the City of Fairhope approves the procurement of one (I) 2023 Ford F-250
Super Crew 4x4 Pickup or equivalent for the Gas Department from Stivers Ford
Lincoln; the type of vehicle needed is on the State of Alabama Division of Purchasing
Contract Number Tl 91 and therefore does not have to be let out for bid; total cost
not-to-exceed $44,388.00.
[2]The Gas Department originally ordered a 2022 F-250 Super Crew 4x4 Pickup in
December 2021 for $33,241.00. The 2022 truck will not be delivered. The 2023
truck will be $11,147.00 over the budgeted amount from 2022.
ADOPTED ON THIS 12TH DAY OF DECEMBER, 2022
.---.... -----
Jay on, Council President
Attest:
� City Clerk
Councilmember Burrell moved to grant the request of Randal W1ight, on
behalf of the Friends of the Fairhope Public Library, Requesting pennission to serve
alcohol at its annual Chocolate and Champagne Gala 2023 on Saturday, February 4,
2023, from 6:30 p.m. to 9:00 p.m. in the Fairhope Public Library. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
Items:
The following individual spoke during Public Participation for Non-Agenda
1)Cornelius Woods, 210 Silo Loop, addressed the City Council regarding his
neighbor. Mr. Woods stated he was an Anny Veteran; and came to the
City Council to make them aware of the noise from his neighbor's loud
pipes on his vehicle. He said the HOA was not regulating the rules; and he
tries to do the right thing always. Mr. Woods stated the car wakes up his
family; and from his home the noise registers 78 decibels.
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12 December 2022
He said the Police Department cannot address the Noise Ordinance due to
not having decibel readers. Captain John Hamrick tried to explain the
reason the Police Department did not replace the decibel readers. Council
President Robinson asked City Attorney McDowell and Captain Hamrick
to look at our Code of Ordinances and detennine if any need to be revised
or updated.
At the request of the City Attorney, Marcus E. McDowell, the City Council
will rise from the meeting to go into Executive Session based on Section 36-25A-
7(a)(3) to discuss pending and potential litigation. The approximate time to be in
Executive Session is 35 minutes. Councilmember Conyers moved to go into
Executive Session. Seconded by Councilmember Burrell, motion passed unanimously
by voice vote.
Exited the dais at 7: 19 p.m. Returned at 8:05 p.m.
Councilmember Burrell 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 8:06 p.m.
1, Council President
City Clerk