HomeMy WebLinkAboutApril 10, 2023 - City Council Packet (Updated)CITY OF FAIRHOPE
CITY COUNCIL WORK SESSION AGENDA
MONDAY, 10 APRIL 2023 – 4:00 P.M. – COUNCIL CHAMBERS
1. Presentation on the Conceptual/Preliminary Update of Design for the Triangle Park
(GOMESA) – Thompson Design Team
2.Committee Updates
3.Department Head Updates
City Council Agenda Meeting – 5:30 p.m.
on Monday, April 10, 2023 – Council Chambers
Next Regular Meeting – Monday, April 24, 2023 – Same Time Same Place
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CITY OF FAIRHOPE
CITY COUNCIL AGENDA
WEDNESDAY, 10 APRIL 2023 - 6:00 P.M. - CITY COUNCIL CHAMBER
Invocation and Pledge of Allegiance
1. Approve minutes of 22 March 2023 Regular City Council Meeting and minutes of 22
March 2023 Work Session
2. Report of the Mayor
3. Public Participation – Agenda Items – (3 minutes maximum)
4. Council Comments
5. Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253.
Request to rezone the property of Margaret and James Smith (containing 5.34 acres, more
or less), from R-2 Medium Density Single-Family Residential District to R-1 Low Density
Single-Family Residential District. The property is generally located east of Onyx Lane
and north of Longleaf Lane, Fairhope, Alabama. PPIN Number: 80716.
6. Ordinance – Annexation – James Edward Smith and Margaret Ballard Smith (containing
one acre, more or less), property located east of Onyx Lane and north of Longleaf Lane,
Fairhope, Alabama. Part of PPIN Number: 82432.
7. Resolution – 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”), and the University of South Alabama, on behalf of its
Police Department (“USAPD”).
8. Resolution – That certain items are declared surplus and the Mayor and City Treasurer are
hereby authorized and directed to dispose of personal property owned by the City of
Fairhope by one of the three methods listed on the resolution.
9. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a contract with
GeoCon Engineering & Materials Testing, Inc. for Special Inspections and Construction
Materials Testing for Water Treatment Plant No. 3; (RFQ No. PS23-018) with a not-to-
exceed amount of $15,000.00.
10. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a contract with
Pyro Productions, Inc. for Professional Consulting Design and Production for Fourth of
July Fireworks; (RFQ No. PS23-017) with a not-to-exceed amount of $40,000.00.
11. Resolution – That Mayor Sherry Sullivan is hereby authorized to execute a contract with
Volkert, Inc. to perform Professional Engineering Services for Utilities Relocation for
Baldwin County’s County Road 64 Widening Project (RFQ PS23-13) with a not-to-exceed
amount of $100,000.00.
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City Council Meeting
10 April 2023
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12.Resolution – That Mayor Sherry Sullivan is hereby authorized to execute Change Order
No. 1 for (Bid No. 23-007-2023-PW-009) Construction of Pickleball Courts for the Quail
Creek Golf Course for the installation of a new 10’ fence system with a cost of $10,983.00
and to award Change Order No. 1 to American Tennis Courts, Inc. The new contract total
will be $125,502.00.
13.Resolution – To Reject all bids for the Foundation/Slab for 50’x100’ Pre-Engineered Metal
Building Truck Shed (Bid No. 23-019-2023-PWI-007S) due to excessive cost and to
construct the foundation/slab in house.
14.Resolution – That the City of Fairhope authorizes the Mayor to submit a letter to AMEA
requesting $20,000.00 to be used for operating an Entrepreneurial Development Center in
partnership with the Baldwin Community and Economic Foundation the 501c3 arm of the
Baldwin County Economic Development Alliance, the University of Alabama and Coastal
Alabama Community College.
15.Resolution – To procure a New Sound System and installation for the Nix Center; and the
item is available for direct procurement through the National Cooperative Purchasing
Alliance (“NCPA”) which has been nationally bid; and therefore, does not have to be let
out for bid. The total cost will be $44,980.00.
16.Resolution – That the City of Fairhope approves the procurement for the Annual Software
Support Renewal of the Records Management System which consists of five components
for the Police Department pursuant to Code of Alabama 1975, Section 41-16-51(a)15. The
total annual cost is $21,921.00.
17.Resolution - That the City of Fairhope approves the procurement for the addition of
General Billing to the Munis Financial System from Tyler Technologies a Sole Source
Provider. The total cost for implementation and the first year of service is $8,644.00.
18.Appointment – Parking Authority
19.Application for Special Events License (Alcoholic Beverage License) by Thomas Bratton
McGregor d/b/a Bottles Up Mobile Inc. for the Crawfish Derby 2023 located at 14210
Greeno Road (Oak Hollow Farm Inc.), Fairhope, Alabama on May 6, 2023.
20.Public Participation – (3 minutes maximum)
21.Executive Session – To discuss legal ramifications of and legal options for pending
litigation; and controversies not yet being litigated but imminently likely to be litigated or
imminently likely to be litigated if the governmental body pursues a proposed course of
action.
22.Adjourn
Next Regular Meeting – Monday, April 24, 2023 – Same Time Same Place
003
STATE OF ALABAMA )(
:
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chambers,
161 North Section Street, Fairhope, Alabama 36532, on
Wednesday, 22 March 2023.
Present were Council President Jay Robinson, Councilmembers: Jack Burrell,
Corey Martin, Jimmy Conyers, and Kevin Boone; and Mayor Sherry Sullivan, City
Attorney Marcus E. McDowell, and Assistant City Clerk Jenny Opal Wilson. City
Clerk Lisa A. Hanks was absent.
There being a quorum present, Council President Robinson called the meeting to
order at 6:00 p.m. The invocation was given by Pastor Megan Palmer of Celebration
Church and the Pledge of Allegiance was recited.
Councilmember Martin moved to approve the minutes of the 13 March 2023,
Regular City Council Meeting and 13 March 2023 Work Session. Seconded by
Councilmember Burrell, motion passed unanimously by voice vote.
Mayor Sullivan addressed City Council and gave report.
1)Arts and Crafts went very well this past weekend.
2)Recognized exchange of former and new 2023 Dogwood Trail Court;
additionally, noted Councilmember Conyers daughter Miss Anna Bowler
Conyers made debut on the court this past Saturday.
3)Received notice from Robbie Robertson, John A. Robertson Insurance
Agency, Inc. on a reduction in Worker’s Compensation Insurance from
$507,000.00 to $439,000.00; additionally, recognized Donnie Grice, Safety
Coordinator and City staff for their hard work.
President Robinson thanked Mayor Sullivan.
Council President Robinson opened Public Participation for Agenda Items
Number 5 – Number 14.
Gary Gover, 300 Lincoln Street, Fairhope, Alabama addressed Item No. 12 to
award (Bid No. 23-018) for Wastewater Sludge Removal Services 2023 for the
Wastewater Treatment Plant to GreenSouth Solutions, LLC with a total bid proposal
of $90.00 per cubic yard (estimated annual cost is $600,000.00). Mr. Gover concerned
with risks associated with microplastics and PFAS chemicals; measuring of quantities
in sludge; adequately testing or getting feedback; and environmental consequences.
Mr. Gover thanked the Council.
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22 March 2023
Council President Robinson thanked Mr. Gover.
Council President Robinson closed Public Participation for Agenda Items Number
5 – Number 14.
Council President Robinson opened Council Comments.
Councilmember Burrell recognized Arts and Crafts as a favorite weekend of
the year and commended the Arts and Crafts Committee, Public Works Department,
Police Department, Staff, and everyone involved with this year’s Arts and Crafts
Festival; found a new artist at the festival and bought my wife a nice birthday present.
Councilmember Conyers additionally recognized the Arts and Crafts Festival
as a favorite weekend of the year; acknowledged the Dogwood Court and made
comment he was very proud of his daughter and her friends on court. Councilmember
Conyers thanked City Staff and the Arts and Crafts Festival Board for a phenomenal
job, great turnout.
Councilmember President Robinson and Councilmembers Martin and Boone
had no comments.
Council President Robinson read ordinance to amend Zoning Ordinance No.
1253 to request to establish initial zoning of FST and Encounter Development LLC’s
property to B-2 General Business District, concurrent with conditional annexation
into the City of Fairhope. The property is approximately 1.16 acres and is located at
the northeast corner of State Highway 181 and State Highway 104. PPIN Number:
77558. (Introduced at the March 13, 2023 City Council Meeting).
Planning Director Hunter Simmons gave brief of the proposed ordinance.
Staff recommends Case: ZC 23.01, PPIN# 77558, be approved with an initial zoning
of B-2 General Business District.
Council President Robinson thanked Mr. Simmons.
Council President Robinson asked for Council comments.
Councilmember Burrell moved for final adoption of Ordinance No. 1253, an
ordinance to request to establish initial zoning of FST and Encounter Development
LLC’s property to B-2 General Business District, concurrent with conditional
annexation into the City of Fairhope. The property is approximately 1.16 acres and is
located at the northeast corner of State Highway 181 and State Highway 104. PPIN
Number: 77558. (Introduced at the March 13, 2023 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.
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22 March 2023
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves the selection of
Pyro Productions, Inc. as Professional Consultant for (RFQ PS23-017) the Design
and Production of Fireworks Display for 4th of July 2023; and authorizes Mayor
Sherry Sullivan to negotiate a fee schedule and establish a not-to-exceed limit with
this firm. Seconded by Councilmember Martin, motion passed unanimously by voice
vote.
RESOLUTION NO. 4708-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1]That the City Council approves the selection of Pyro Productions, Inc. as
Professional Consultant for (RFQ PS23-017) the Design and Production of Fireworks
Display for 4th of July 2023; and authorizes Mayor Sherry Sullivan to negotiate a fee
schedule and establish a not-to-exceed limit with this firm.
DULY ADOPTED THIS 22ND DAY OF MARCH, 2023
_______________________________
Jay Robinson, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves the selection of
GeoCon Engineering and Testing, Inc. to perform Professional Engineering for
Special Inspections and Construction Materials Testing for the Water Treatment Plant
No. 3 (RFQ No. PS23-018); and hereby authorizes Mayor Sherry Sullivan to
negotiate a fee schedule and establish a not-to-exceed limit with this firm.
Seconded by Councilmember Martin, motion passed unanimously by voice vote.
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22 March 2023
RESOLUTION NO. 4709-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council approves the selection of GeoCon
Engineering and Testing, Inc. to perform Professional Engineering for Special
Inspections and Construction Materials Testing for the Water Treatment Plant No. 3
(RFQ No. PS23-018); and hereby authorizes Mayor Sherry Sullivan to negotiate a fee
schedule and establish a not-to-exceed limit with this firm.
DULY ADOPTED THIS 22ND DAY OF MARCH, 2023
_______________________________
Jay Robinson, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution that the public improvements indicated herein
for Overland Townhomes are hereby accepted for public maintenance subject to the
bond posted by the “Subdivider”; and authorizes Mayor Sherry Sullivan to execute
the Maintenance and Guaranty Agreement between the City of Fairhope and 68V
Overland Villas, LLC (the “Subdivider”). Seconded by Councilmember
Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 4710-23
WHEREAS, the Owners of Overland Townhomes desire to have the portions of
Fairhope water and sewer system utilities dedicated on the plat filed for record in the
Probate Records of Baldwin County, Alabama, on Instrument Number 2050439 , and
as shown on Exhibit A “Utility Easement” attached hereto be accepted for
maintenance by the City of Fairhope, Alabama, and;
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22 March 2023
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers
of the project that the design and capacity of the water and sewer system utilities
have been designed in conformance with City requirements, and;
WHEREAS, the Water and Sewer Superintendent has indicated that the water and
sewer system utilities meet City requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of
Overland Townhomes, maintenance bonds for the water and sewer system utilities
constructed for a period of two (2) years, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein
for Overland Townhomes are hereby accepted for public maintenance subject to the
bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and
Guaranty Agreement between the City of Fairhope and 68V Overland Villas, LLC
(the “Subdivider”).
BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the
City of Fairhope to maintain any utilities outside the limits of the attached Exhibit A
in any of these developments.
Adopted this 22nd day of March, 2023
__________________________
Jay Robinson, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution That the public improvements indicated herein
for North Hills Phase 2 are hereby accepted for public maintenance subject to the
bond posted by the “Subdivider”; and authorizes Mayor Sherry Sullivan to execute
the Maintenance and Guaranty Agreement between the City of Fairhope and North
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22 March 2023
Hills at Fairhope, LLC (the “Subdivider”). Seconded by Councilmember Conyers,
passed unanimously by voice vote.
RESOLUTION NO. 4711-23
WHEREAS, the Owners of North Hills Phase 2 desire to have all public streets and
public right-of-ways dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama, on Slide 2875-C, and all Fairhope public utilities located
in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama,
and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers
of the project that the design and capacity of the public improvements have been
designed in conformance with City requirements, and;
WHEREAS, the Public Works Director has indicated that the improvements meet
City requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of North
Hills Phase 2, maintenance bonds for the public improvements constructed for a
period of 2 years, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein
for North Hills Phase 2 are hereby accepted for public maintenance subject to the
bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and
Guaranty Agreement between the City of Fairhope and NORTH HILLS AT
FAIRHOPE LLC (the “Subdivider”).
BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the
City of Fairhope to maintain any utility or drainage facilities outside the limits of the
right-of-way of the public streets, or any irrigation systems installed within the right-
of-way of public streets, whether or not such may be located within dedicated
easements in any of these developments.
Adopted this 22nd day of March, 2023
__________________________
Jay Robinson, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
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22 March 2023
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council authorizes and approves
the hiring of an additional Building Inspector for the Building Department due to the
increase in permits and construction. This position has already been approved along
with the Job Description and Pay Grade 9. Seconded by Councilmember Martin,
motion passed unanimously by voice vote.
RESOLUTION NO. 4712-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City Council authorizes and approves the hiring
of an additional Building Inspector for the Building Department due to the increase in
permits and construction. This position has already been approved along with the Job
Description and Pay Grade 9.
ADOPTED THIS 22ND DAY OF MARCH, 2023
______________________________
Jay Robinson, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
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 Amendment No. 1 to the Contract for Archaeology Monitoring for the Arts
Alley Transit Hub Project (RFP No. 005-20) with TerraXplorations, Inc. to add
additional services in the amount of $10,000.00 which increases the not-to-exceed
amount limit to $20,000.00. Seconded by Councilmember Burrell, motion passed
unanimously by voice vote.
RESOLUTION NO. 4713-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to
execute Amendment No. 1 to the Contract for Archaeology Monitoring for the Arts
Alley Transit Hub Project (RFP No. 005-20) with TerraXplorations, Inc. to add
additional services in the amount of $10,000.00 which increases the not-to-exceed
amount limit to $20,000.00.
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22 March 2023
DULY ADOPTED THIS 22ND DAY OF MARCH, 2023
______________________________
Jay Robinson, Council President
Attest:
____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution to award (Bid No. 23-018) for Wastewater
Sludge Removal Services 2023 for the Wastewater Treatment Plant to GreenSouth
Solutions, LLC with a total bid proposal of $90.00 per cubic yard (estimated annual
cost is $600,000.00). Seconded by Councilmember Conyers, motion passed
unanimously by voice vote. Councilmember Burrell addressed Mr. Gary Gover public
comment on water testing. Jason Langley, Water/Wastewater Superintendent
confirmed we meet all state and federal testing requirements and discussed process.
Council President Robinson thanked Mr. Langley.
RESOLUTION NO. 4714-23
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 Wastewater
Sludge Removal Services 2023 for the Wastewater Treatment Plant (Bid Number 23-
018)at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, only one bid was received, opened and tabulated
as follows:
GreenSouth Solutions, LLC $90.00 per cubic yard
[3] After evaluating the bid proposals with the required bid specifications,
GreenSouth Solutions, LLC, with the total bid proposal of $90.00 per cubic yard
(estimated annual cost is $600,000.00), is now awarded the bid for Wastewater
Sludge Removal Services 2023 for the Wastewater Treatment Plant.
Adopted on this 22nd day of March, 2023
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22 March 2023
_______________________________
Jay Robinson, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope has voted to purchase
CivicClerk Agenda Management Program from CivicPlus with the initial cost of
$17,200.01; and the program is available for direct procurement through the
Interlocal Purchasing System (“TIPS”) which has been nationally bid; and authorizes
the Mayor to execute the Statement of Work for this purchase. Seconded by
Councilmember Martin, motion passed unanimously by voice vote.
RESOLUTION NO. 4715-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, That the City of Fairhope has voted to purchase
CivicClerk Agenda Management Program from CivicPlus with the initial cost of
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22 March 2023
$17,200.01; and the program is available for direct procurement through the
Interlocal Purchasing System (“TIPS”) which has been nationally bid; and authorizes
the Mayor to execute the Statement of Work for this purchase.
Adopted on this 22nd day of March, 2023
_______________________________
Jay Robinson, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Martin introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Sherry Sullivan is authorized to
execute the proposed Memorandum of Understanding and negotiate a lease
agreement to be brought back to Council for approval between the City of Fairhope
and Dogwood BJE, LLC. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote. Councilmember Burrell thanked City Treasurer Kim
Creech and Chief Stephanie Hollinghead for requested information received from last
meeting.
RESOLUTION NO. 4716-23
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, That Mayor Sherry Sullivan is authorized to execute the proposed
Memorandum of Understanding and negotiate a lease agreement to be brought back
to Council for approval between the City of Fairhope and Dogwood BJE, LLC.
Adopted on this 22nd day of March, 2023
_______________________________
Jay Robinson, Council President
Attest:
________________________________
Lisa A. Hanks, MMC
City Clerk
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22 March 2023
Councilmember Martin moved to appoint Josh Warren and Debra Flowers
to the Recreation Board for a four (4) year term which will expire March 2027.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
Councilmember Burrell commented unanimous recommendation by board with a
great choice of candidates.
Council President Robinson opened Public Participation.
Mayor Sherry Sullivan discussed the Community Meeting on March 21, 2023
hosted by the Fairhope Police Department on “the Dangers of Fentanyl” Why It
Matters to You. There is a link on the Fairhope Police Department Facebook page of
the meeting. She encouraged everyone to watch with their children.
Councilmember Martin discussed an architect from Tuskegee is scheduled to
come down for a Work Session on Substation Park at Young Street and Nichols
Street as previously presented by Dr. Lynn E. Yonge.
Councilmember Burrell made comment reference Substation Park if the fiber
optics are not in demand he is interested in a park at location.
Jonathan Petty, P.E. and Hayden Kaiser, III, P.E. of Axis Engineering Group,
200 West Laurel Avenue, Suite 275, Foley, Alabama gave introduction of new Civil
Engineering Firm in Baldwin County.
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 6:25 p.m.
Jay Robinson, Council President
________________________________
Jenny Opal Wilson, CMC
Assistant City Clerk
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