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HomeMy WebLinkAbout11-27-2023 City Council MinutesSTA TE 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, I 61 North Section Street Fairhope. Alabama 36532, on Monday, 27 November 2023. 10275 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 \\'as given by Councilmember Kevin Boone and the Pledge of Allegiance was recited. Councilmember Burrell moved to approve minutes of the No\'ember 13, 2023. regular meeting; and minutes of the No\'ember 13. 2023, \\·ork session. Seconded by Councilmember Conyers. motion passed unanimously by voice \'Ote. Mayor Sulli\'an addressed the City Council regarding the following items: I)Thanked the First Responders who worked on the Holidays;2)Congratulated the Gas Department for not having any findings on their audits:3)Mentioned the transitioning to a new soft\,·are for Agenda and Meetingl\lanageml.'.nt spearheaded by the City Clerk ·s office. She said if you ha\'e anyquestions. please contact the City Clerk Lisa Hanks:-n Announced this month is National Homecare and Hospice Month.No one spoke during Public Participation for Agenda Items. Councilmember Burrell commented he hoped you had a Happy Thanksgiving and thanked the First Responders who worked on the Holidays. Council President Martin said he echoed Councilmember BurreJrs comments and thanked the First Responders. A Public Hearing was held as a<h'ertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmcmber Robinson introduced in writing an ordinance to rezone the property of 404 Oak, LLC from B-4 Business and Professional District to B-2 General Business District. The property is approximately 0.18 acres and is located at 404 Oak A \·enue; PPIN #14546. The Planning Commission gave a fa\'orable recommendation of this ordinance. Council President Martin read the proposed ordinance. Planning Director Hunter Sim mons briefly explained the proposed ordinance. 10276 27 November 2023 Council President Martin opened the Public Hearing at 6:09 p.m. Councilmember Conyers asked about leaving as is with the recommended limitations. Councilmember Burrell said allow zoning change because it is easier to limit; and leave the chann there at least 10 years. Council President Martin said so far, he agrees with what 8-4 is zoned and allows. Councilmember Robinson commented it could not be materially altered by what percentage or square footage. No one present opposed the proposed ordinance, the Public Hearing closed at 6:28 p.m.Due to lack of a motion for immediate consideration, this ordinance will layover until the December 11, 2023 City Council meeting. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the public improvements indicated herein for Longbranch 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 Dilworth Development. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 4922-23 WHEREAS, the Owners of Longbranch desire to have all public streets and public right-of-\vays dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2907-F, 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 confonnance with City requirements, and; WHEREAS, the Public Works Director has indicated that the impnn·ements meet City requirements, and: WHEREAS, the City of Fairhope, Alabama, has received from the owners of Longbranch, maintenance bonds for the public improvements constructed for a period of 2 years. and; ** 10277 27 No,·ember 2023 NOW, THEREFORE BE IT RESOL\'ED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAl\1A that the public impn)\'ements indicated herein for Longbranch are hereby accepted for public maintenance subject to the bond posted: and authorizes Mayor Sherry Sulli\'an to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Dilworth De\'elopment (the "Suhdi\'ider"). BE IT FURTH ER 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-,\·ay of the public streets. or any irrigation systems installed within the right­ of-way of public streets, whether or not such may he located within dedicated easements in any of these developments. Adopted this 27th d Corey Martin. Council President Attest: Councilmemher Robinson introduced in writing, and mon:d for the adoption of the following resolution, a resolution that the Governing Body of the City of Fairhope. Alabama. hereby rescinds Bid No. 24-003 for Four ( 4) Ne,\· 2023 Ch evrolet Tahocs 2WD for the Police Department due to no bids received: and authorizes the City to solicit for infom1al bids in accordance with the Attorney General Opinion from 1969. Seconded by Councilmember Conyers. motion passed unanimously by \·oice ,·ote. * * * 10278 27 NO\emher 2023 RESOLUTION NO. 4923-23 BE IT RESOL\'ED BY THE GOVERNING BOD\' OF THE CITY OF FAIRHOPE, ALABAMA. as follows: [I) That the City of Fairhope did request, receive, and open bids for Four (4) New 2023 Che\Tolet Tahoes 2WD for the Police Department (Bid Number 24-003) at 555 South Section Street in the City of Fairhope offices. Fairhope. Alabama: and [2]On October 27. 2023 when hids were to he received and opened. no bids were received: therefore. it is desirous that Bid Number 24-003 he rescinded and to authorize the City to solicit for infornrnl bids in accordance with Attorney General Opinion from 1969 that states "if the awarding authority a(h·ertises for bids and none are recei \'ed. the price may he negotiated \\'ith any contractor without ad\'crtising for bids a second time'': and [3]That the Go\'erning Body of the City of Fairhope, Alabama, hereby rescinds Bid No. 24-003 for Four (4) New 2023 Che\Tolet Tahoes 2WD for the Police Department due to no bids rccei\'ed; and authorizes the City to solicit for infonnal bids in accordance with the Attorney General Opinion f 11 1969. Corey Martin. Council President Attest: Li�Jµ✓ City Clerk Councilmemhcr Burrell introduced in \\'riling, and moved for the adoption of the follo\\'ing resolution. a resolution that Mayor Sherry Sulli\'an is herehy authorized to execute a contract for Extension No. I of (RFQ PS23-006) Professional Healthcare Sen·ices for Fairhope City Jail \\'ith Bay Nursing per the tenns and conditions of the original contract for a not-to-exceed amount of � 13,000.00. Seconded by Councilmemher Boone. motion passed unanimously hy \ oicc vote. 10279 27 Non:mhcr 202) RESOLUTION NO. 4924-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CIT\' OF FAIRHOPE, ALABAI\IA. That Mayor Sherry Sulli\'an is herehy authorized to execute a Contract for Extension No. I for (RFQ PS23-006) Professional Healthcare Services for the Fairhope City Jail with Bay Nursing. Inc. per the Terms and Conditions of the Original Contract with a not-to-exceed budgeted amou t of S 13.000.00. This is the first option to rene,,· of h two additional one-year tem1 Attest: City Clerk DULY ADOPTED THIS 27TH AY OF NOVEMBER, 2023 Councilmemhcr Conyers introduced in writing, and moved for the adoption of the fi)llowing resolution. a resolution that Engine 91 I is hcrehy declared surplus: and the Fairhope Volunteer Fire Department ("FVFD") is authorized and directed to dispose of the personal property purchased hy the City of Fairhope. Alahama for the "FVFD". descrihed in Section I. ahove. hy selling such property to Sandcut Volunteer Fire Department in Conecuh County. Alahama for $1.00. Seconded hy Councilmemher Burrell. motion passed unanimously hy \'oice vote. * * * 102X0 27 Novemher 2023 RESOLUTION NO. 4925-23 WHEREAS. the City of Fairhope. Alahama. has a certain item of personal property which is no longer needed for puhlic or municipal purposes: and WHEREAS, Section 11-43-56 of the Code of Alahama of 1975 authorizes the municipal governing hody to dispose of unneeded personal property: NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE. ALABAMA. AS FOLLOWS: SECTION I. That the following personal property owned hy the City of Fairhope. Alahama. is not needed for puhlic or municipal purposes. and herehy declared surplus: Engine 911 (City Vehicle 01214 VIN#46JPBA A82KI002837) SECTION 2. That the Fairhope Volunteer Fire Department ("FVFD") is herehy authorized and directed to dispose of the personal property ( Engine 91 I ) purchased hy the City of Fairhope, Alahama for the "FVFD", descriheJ in Section I, ahove. hy selling such property to SanJcut Volunteer Fire Department in Conecuh County. Alahama for S 1.00. ADOPTED AND APPROVED THIS Corey Martin. Council President ATTEST: * * 102�1 27 Nc)\'emher 202> Councilmemhcr Burrell introduced in \\'riling. and 1110\'ed for the adoptic111 of the follo \\'ing resolution, a resolution that the City of Fairhope approves the procurement of one (I) Lucas 3 \'3.1 Chest Compression System for the Fairhope Volunteer Fire Department from Stryker as a sole source procurement for not-to­ cxceed SI 9.151.97: and authorizes procurement based on the option allowed hy the Code of Alabama 1975. Section 41-16-5 l ( 13 ). Seconded hy Councilmemher Conyers. motion passed unanimously hy voice \'Ote. RESOLUTION NO. 4926-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAl\lA, as follows: [I]That the City of Fairhope appro\'es the Procurement of one (I) Lucas 3 d. l Chest Compression System from Stryker Sales Corporation as Sole Source Provider for a not-to-exceed amount of $19.151.97; and authorizes the Procurement based on the option allowed hy the Code of Alabama 1975. Section 41-16-51 ( 13 ): ( 13) Contractual services and purchases of commodities for \\·hich there is only one \endor or supplier and contractual sen·ices and purchases of per· nal property which by their very nature arc impossible to award hy competitiv idding .. Corey Martin. Council President Attest: Councilmemher Boerne introduced in \\'riling, and mm·ed for the adoption of the following resolution, a resolution to Award (Bid No. 24-006) Well Nos. 8B and 13 Den:lopment to Morrow Water Technologies. Inc. with a total hid proposal not-to­ exceed S.2.292,87.3.00. Seconded hy Councilmemher Conyers. motion passed unanimously hy ,·oicc rnte. Councilmemher Burrell stated he hopes Krebs is right with a possible reduction in cost of $500.000.00 tn $700,000.00. Councilrnernher Robinson said he was glad we arc going forward and get onlinc May 2024. 10282 27 Nm em her 2023 RESOLUTION NO. 4927-23 BE IT RESOL\'ED 8\' THE GO\'ERNING BOD\' OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I]That the City of Fairhope <li<l request, recei\'e. and open hids to procure sen-ices for (Bi<l No. 24-006) for Development of Well No. 88 an<l No. 13 at 555 South Section Street in the City of Fairhope offices. Fairhope. Alahama. [2]At the appointed time and place. hids \Yere received and tahulated as follows: Morrow Water Technologies. Inc. S2.292.873.00 [3]Aher evaluating the bids with the required specifications. Morrow Water Tedrnologies, Inc. is now awarded (Bid No. 24-006) for Development of Well No. 88 and No. 13 with a hid proposal not-to-exceed $2, 2,873.00. DULY ADOPTED THIS 27TH DA OVEMBER, 2023 Corey Martin. Council President Attest: ii,k� City Clerk Councilmemher Robinson introduced in writing. and moved for the adoption of the following resolution. a resolution that the City Council authorizes Mayor Sherry Sullirnn to execute an Interconnection and Water Purchase Sale Agreement between the City of Fairhope and the Utilities Board of the City of Daphne d 1h,a Daphne Utilities. Seconded hy Councilmemhcr Conyers, motion passed unanimously hy \·oice \'Ole. * * 1028] 27 No, ember 202J RESOLUTION NO. 4928-23 BE IT RESOLVED BY THE GO\'ERNINC; BODY OF THE CITY OF FAIRHOPE, ALABAMA. That the City Council authorizes Mayor Sherry Sullirnn to execute an Interconnection and \\'ater Purchase'Sale Agreement between the City of Fairhope and the Utilities Board of thl.' City of Daphne d h a Daphne Utilities. (. ·orcy Martin. Council President Attest: �� City Clerk Councilmember Boone introduced in writing. and 1110\'Cd for the adoption of the follo\\"ing resolution, a resolution that the City of Fairhope approves the procurement of a C ARUS 8700 Corrosion Inhibitor Water Treatment Chemical as sole source procurement from distributor Alberty & Blakeney LLC for the not-to­ cxceed amount of S 175.000.00. Seconded by Councilmembcr Burrell. motion passed unanimously by Yoicc \'Ole. RESOLUTION NO. 4929-23 BE IT RESOL\'ED BY THE GO\'ERNIN(; BODY OF THE CITY OF FAIRHOPE, ALABA�IA. That the City of Fairhope approYes the Procurement of a CARUS 8700 Corrosion Inhibitor \\'ater Treatment Chemical as the Sole Source Procurement from distributor Alberty & Blakeney LI .C for the not-to-exceed amount of $175,000.00; and authorizes procurement based on the option allowed by the Code of Alabama 1975, ''Ction 41-16-51 (13 ): "Contractual services and purchases of commodities for which there is nly one vendor or supplier and contractual sen ices and purchases of personal property which y thei very nature are impossible to award by competiti,e bidding:.·· ADOPTED ON THIS 27TH D Corey Martin. Council President Attest: I02X4 27 Nm·emher 20n Councilmemher Robinson introduced in \\'riting. and moved for the adoption of the following resolution. a resolution that City Council appro\'es the Contract Amendment for (RFQ PS24-001) to Jackson Thornton Certified Public Accountants & Consultants for Professional Sen·ices to Evaluate Water & Se\\'er System De, elopment Charges for a not-to-exceed amount of S 15.000.00: and authorizes Mayor Sherry Sulli\'an to execute the contract documents. Seconded hy Coum:ilmember Boone. motion passed unanimously by ,·oice vote. RESOLUTION NO. 4930-23 BE IT RESOL \'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA: [ 1]That City Council appr<.)\'es the Contract Amendment for ( RFQ PS24-001) to Jackson Thornton Certified Puhlic Accountants & Consultants for Professional Services to Evaluate Water & Sewer System Development Charges for a not-to­ exceed amount of S 15.0000.00: and authorizes ayor Sherry Sullivan to execute the contract documents. ADOPTED ON THIS 27TH DA Corey Martin. Council President Attest: City Clerk Councilmemher Burrell introduced in ,,-riting. and moved for the adoption of the follo\\'ing resolution. a resolution that the City Council appn)\'es and adopts the recommendations for the Water and Wastewater Department Restructuring and Reclassification as follows: Reclassify one ( 1) Wastewater Plant Operator II (Grade 7)to Wastewater Operator Trainee (Grade 4 ). Seconded hy Councilmemher Conyers. motion passed unanimously hy qiice \'ote. 10285 27 Non�mher 2023 RES0U'TIO:\ :\0. 4931-23 BE IT RESOL\'ED BY THE GO\'ERNING BOl)Y OF THE CIT\' OF FAIRHOPE, ALABAI\IA. That the City Council approves and adopts the ren1mmendations for the \Yater and Wastewater Department Restructuring and Reclassificat" n as ollows: Reclassify one (I) Wastewater Plant Operator II ((irade 7) t() \Vaste\,·ater Operator Tr nee (Gr e 4) . .-\OOPTFO TIIIS 27111 DAY Corev Martin. Council President Attest: Councilmcmher Burrell introduced in \\'riting. and nrn\'Cd for the adoption of the follo\,·ing resolution, a resolution to a\,·ard (Bid No. 24-004-2024-PWI-005) Construction of ADA Compliant Side\\'alks in Southland Place Subdivision to Asphalt Services. Inc. with a total hid proposal not-to-exceed S 1,032,297.75. Seconded by Councilmcmher Conyers, motion passed unanimously by voice vote. RES0U1TIO:\ :\0. 4932-23 BE IT RESOL\'ED BY THE (;O\'ER\'l�G BOl>Y OF THE CIT\' OF FAIRHOPE. ALABA\IA. as folltms: [ l]That the City of Fairht1pe did request. recein:. and open bids to procure sen ices for ( Bid No. 24-tl04-2024-P\\'l-005) Construction nf ADJ\ Compliant Sidewalks in Southland Place Subdivision at555 South Section Street in the City of Fairhope offices. Fairhope, Alabama.[2]At the appointed time and place, bids were recei\ed and tabulated as follows:Asphalt Services. I.LC Chris Brewer Cnntracting. Inc. $1.032.247.75 'iil.129.767.t)() [ 3]After e\ aluating the bids \\·ith the required specifications. Asphalt Sen·ices. I.I .C is now awarded( Bid No. 24-004-2tl24-P\\'l-tltl5) for Construction • ADA Compliant Sidewalk in Southland PlaceSubdi\·isinn \\·ith a bid prnpt>sal not-tn-exceed $1, 2,29.7.75.DUIY ADOPTED THIS Curey J\1artin. C(>un�il President Attest: &� ity Cler 10286 27 Nt)\'emher 2023 Councilmemher Conyers introduced in writing, and mm·ed for the adoption of the follm\·ing resolution. a resolution that Mayor Sherry Sullirnn is hereby authorized to execute a Contract with O\'crstreet & Associates Consulting Engineers for Professional Engineering Ser\'ices for (RFQ PS24-006) for New Sidewalks on Parker Road \\'ith a not-to-exceed amount of S41.100.00. Seconded by Councilmember Robinson. motion passed unanimously hy \·oice \·ote. RESOLFI'ION NO. 4933-23 BE IT RESOl.\'ED BY THE GO\.ERNll\G BODY OF TIIE CITY OF FAIRHOPE. ALABA;\L\, That t-.1a�w Sherry Sulli\·an is hereby a xecute a contract with Overstreet & Associates Consulting Engineering for Professional Services for (RFQ PS24-006) for New Side\\·,db 011 Parker RL)ad with a not-to-exceed a 100.00. DUI.Y ADOPTED TIIIS 27TH D Corey Martin. Council President Attest: �JlL City Clerk CPuncilmember Burrell introduced in writing, and moved for the adoption of the following resolution. a resolution that the City of Fairhope approves the procurement of Inn;ntory Electric Transfonners from Gresco for a not-tti-exceed cost of S250.000.00. Seconded hy Councilmemher Boone, motion passed unanimously hy \·oice \·ote. RESOU'TIO� NO. 4934-23 BE IT RESOl.\'EJ) BY TIIE GO\'ER!\J;\'G BODY OF THE CITY OF FAIRHOPE, ALAB.-nL\. That the City of Fairhope approws the P, cur1ent of Inventory Electric Transformers from Gresco for a not-tL, exceed cost of $250,000.00· and aut orizes procurement without formal bid based on the llption alh1wcd by the Code of Alabama 975, Se tion 41-16-51(b)(7). :\d,1pted on this 27th da of Nov mb , 2023 Cnrcy Martin. Council President :\ttest: �d�-City Clerk 10287 27 No, ember 2023 Councilmember Burrell introduced in \\Tiling, and monxl for the adoption of the following resolution. a resolution that Mayor Sheny Sullivan is hereby authorized to execute a Contract with Clearwinds Technologies, Inc. for Firewall Audit and Upgrade for Inform ation Technology with a not-to-exceed amount of $7.875.00: and is exempt from formal bidding per Code of Alabama 1975. Section 41-16-51(15). Seconded by Councilmember Robinson. motion passed unanimously by ,·oice vote. RESOLUTION NO. 4935-23 BE IT RESOL\'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Clearwinds Technologies, Inc. for Fire\\'all Audit and Upgrade for lnfonnation Technology with a not-to exceed amount of S7,875.0U: and the audit of the City of Fairhope Firewall is exempt from fonnal hidding per Code of Alabama 1975. Section 41-16-51 ( 15) Contractual Sen·ices and purchases of projects related to. or ha,·ing an impact upon. security plans. procedures. assessments. measures. or systems. or the security or safe o ersons, structures, facilities, or infrastructures. DULY ADOPTED THIS 27T Corey Martin. Council President Attest: �-� City Clerk Councilmemhcr Boone introduced in writing. and 1110,·ed for the adoption of the folhming resolution. a resolution that the City of Fairhope approves the procurement of materials fi.)r the Cast !nm Pipe Replacement Project fi.)r the Gas Department for a not-to-exceed cost of S 142.093.51: and is exempt from fonnal bidding per Code of Alabama I 975. Section 41-16-5 I ( b )( 7 ). Seconded by Councilmember Conyers. motion passed unanimously by ,·oice ,·ote. 10288 27 No\'emher 2023 RESOLUTION NO. 4936-23 BE IT RESOL\'ED B\' THE GO\'ERNIN<; BODY OF THE CIT\' OF FAIRHOPE, ALABA:\IA, That the City of Fairhopc apprmes the rement of materials for the Cast Iron Pipe Replacement Project for the Gas Department fi a not-o-exceed cost of $142,093.51; and is exempt from fonnal hidding per Code of Ala ha ma 975, Sec ion 41-16-51 (b)(7). ADOPTED ON THIS 27TII I OF ER, 2� Corey Martin, Council President Attest: �� City Clerk Councilmemher Conyers introduced in \Hiting, and 1110\·ed for the adoption of the follo\\'ing resolution. a resolution that the City Council herchy authorizes Mayor Sherry Sullivan. on hehalf of the City of Fairhope, to execute a purchase agreement and all closing documents related to the sale of the Property at the hase of the Fairhope Municipal Pier (PPIN 15111) from the Fairhope Single Tax Corporation for a purchase price of S237.500.00. Seconded hy Councilmemhcr 8u1Tel1, motion passed unanimously by \'Oice rntc. Councilmemher Burrell mentioned that this purchase is 50 cents on one dollar; and Fitness equipment would get used hy thousand. RESOLUTION NO. 4937-23 BE IT RESOL\'ED BY THE GOVERNING BODY OF THE C'IT\' OF FAIRHOPE, ALABAI\IA, That the City Council hereby authorizes yor Sherry Sullivan, on behalf of the City of Fairhope. to execute a purchase agree nt and all closing documents related to the sale of the Property at the base of the Fairho e Municipal Pi r (PPIN 15111) from the Fairhope Single Tax Corporation for a purchase rice of $237,50 .00; and allocates funding out of the Municipal Capital Im pro\ ement Fund. he Deed to be epared by Fairhope Single Tax Corporation. generally follo\\'ing FSTC's us al "Parks Deed' restrictions. �-----ADOPT!]) ON THIS 27TIJ DA Corey 1\fartin. Council President Attest: �City Clerk 10289 27 No\'ernber 2023Councilmernber Boone introduced in writing, and moved frH the adoption of the following resolution. a resolution that Mayor Shen-y Sullivan is hereby authorized to execute a Utility Connection Agreement between the City of Fairhope and Corte. Cave/Mitchell 1, LLC (Planters Pointe Publix Retail Center). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Bun-ell thanked Mayor Sullivan and the Utilities for moving forward. RESOLUTION NO. 4938-23 BE IT RESOL \'ED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council has re\'iewed the form of the Utility Connection Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC ("the Company") that will pennit some of the lease space in the Retail Center of the Publix shopping center located at the Northwest Comer of Highway 181 and Highway I 04 to open subject to Planning Commission Multiple Occupancy Project approval and other conditions set forth in the Agreement and permit the Company to def er payment of a portion of the Water and Sewer Fees owed for the Retail Center (as such fees are defined in the Agreement) until June 30, 2024. subject to the Company's initial payment of an initial po11ion of the Water and Sewer Fees upon execution of the Agreement; AND BE IT FURTHER RESOL \'ED, that the public benefits to be achieved by this proposed action include the economic benefits for the Retail Center to open for business and allow the creation of retail ser\'ice jobs and generation of sales tax re,·enues to the City, and that this Retail Center will serve the residents of the City and the surrounding community. all of which serve a , alid and sufficient public purpose notwithstanding any benefit to any private business or person; AND BE IT FURTHER RESOLVED, that the City Council hereby approves said Utility Connection Agreement, and that Ma r S erry Sullivan is hereby authorized to execute the Utility Connection Agreemen ubstanti lly in the form shown, and with such non-substantive changes as Mayor Su Iii an may ap Corey Martin. Council President Attest: �� City Clerk 10290 27 N()\'ember 2023 Councilmember Burrell 1110\'ed to grant the request of Erin Langley. Eastern Shore Repertory Theatre Inc .. requesting apprornl to use Henry George Park from April 24. 2024 -May 6. 2024 for the "11th Annual Theater on the Bluft'' to present the Andre\\' Lloyd \\'ebber classic. "Cats" for three public perfom1ances. In addition. they request usage of the City's barricades and to have City employees assist in the setup and removal of the barricades. Seconded by Councilrnernber Conyers. motion passed unanimously by \ oice vote. Councilmember Burrell moved to appoint Johnny Prewitt to the Pedestrian and Bicycle Committee (Beginning, January 2024) for a three-year tenn which \\'ill expire January 2027. Seconded by Councilmember Conyers. motion passed unanimously by voice \'ote. The following individuals spoke during Public Pai1icipation for Non-Agenda Items: I)(1reg Walker. lrnner of Fairhope Nutrition at ne\\' Puhl ix k1catio11 at Highway I 0-land Highway 181, addressed the City Council and said he appreciated their supportfor Agenda Item No. 23.2)Carol \\'ilson. -l89 Bartlett A,·enuc. addressed the City Council regarding theFairhope Puhlic Lihrary and her request for reconsideration with no response fromanyone with the Lihrary. f\1s. Wilson is opposed to the bnoks in the children and teenarea in the Fairhope Public Lihrary; and ,,·ants these nw,·ed to adult section.Councilmernber Burrell mo to adjourn the meeting. Seconded by Councilmember Conyers. motion p sed u animously by voice vote. There being no further b \\'as duly adjourned at 6:54 p.m. ome before the City Council, the meeting Corey Martin. Council President