HomeMy WebLinkAbout12-28-2015 City Council Meeting Minutes6914
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 Chamber,
161 North Section Street,Fairhope,Alabama 36532,on
Monday,28 December 2015.
Present were Council President Jack Burrell,Councilmembers:Rich Mueller,
Diana Brewer,Michael A. Ford, and Kevin Boone,Mayor Timothy M. Kant, City
Attorney Marion E.Wynne,and City Clerk Lisa A.Hanks.
There being a quorum present,Council President Burrell called the meeting to
order. The invocation was given by Councilmember Boone and the Pledge of
Allegiance was recited.Councilmember Brewer moved to approve minutes of the 14
December 2015,regular meeting;minutes of the 14 December 2015, work session;
and minutes of the 14 December 2015,agenda meeting.Seconded by Councilmember
Mueller,motion passed unanimously by voice vote.
Mayor Kant addressed the City Council and thanked them for another
successful year; and hopes for the same in 2016.
Councilmember Ford congratulated Mayor Kant on a good year.
Councilmember Boone commented on the New Year's Eve Celebration and
said it was a good community endeavor.
Council President Burrell mentioned the Ed Wall lease and the improvements.
Herequestedthe Harbor Boardto makea recommendation.MayorKant and General
Superintendent James Gillespie will go and look at the marina and boatyard.
A Public Hearing was held on a proposed ordinance for a Franchise
Agreement with the City of Fairhope.Councilmember Brewer introduced in writing
an ordinance to approve an Application from David Pantovic, Point Clear Tennis
Academy,for a Franchise Agreement to operate Tennis Lessons at Stimpson Field,
Fairhope,Alabama.Council President Burrellreadthe proposed ordinance.
Council President Burrell opened the Public Hearing at 6:08 p.m. No one present
opposedthe proposed ordinance,the Public Hearing closedat 6:08p.m.
Due to lack of a motion for immediate consideration,this ordinance will layover until
the January 11, 2016 City Council meeting.
6915
28 December 2015
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves the selection of
The Akribos Consulting Group for Professional Consulting Services for
Comprehensive Education Study for RFQ No. PS015-15; and hereby authorizes
Mayor Timothy M. Kant to negotiate the fee schedule.Seconded by Councilmember
Mueller,motion passed unanimously by voice vote.Councilmember Boone
questioned where the funds would come from; none approved with new budget.
Councilmember Brewer commented the funds will come from the EAC school funds.
RESOLUTION NO.2456-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,that the City Council approves the selection of The
Akribos Consulting Group for Professional Consulting Services for Comprehensive
Education Study for RFQ No. PS015-15; and hereby authorizes Mayor Timothy M.
Kant to negotiate the fee schedule.
Attest:
^
A\H
City Clerk
DULY ADOPTED THIS 28TH DAY OF DECEMBER,2015
Councilmember Mueller introducedin writing, and moved for the adoption of
the following resolution,a resolution that the City Council approves the selection of
Engineering Design Technologies,Inc.for Professional Engineering Services for
Federal and ALDOT Street Compliance for RFQ No.PS003-16;and hereby
authorizes Mayor Timothy M.Kant to negotiate the fee schedule.Seconded by
Councilmember Boone,motion passed unanimously by voice vote.Councilmember
Brewer questioned who Engineering Design Technologies and their qualifications.
Purchasing Manager Dan Ames replies they were run through the process and have
great qualifications.He also said they are a local company and have performed these
services.
6916
28 December 2015
RESOLUTION NO.2457-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAERHOPE,
ALABAMA,that the City Council approves the selection of Engineering Design Technologies,
Inc. for Professional Engineering Services for Federal and ALDOT Street Compliance for RFQ
No. PS003-16; and hereby authorizes Mayor Timothy M. Kant to negotiate the fee schedule.
DULY ADOPTED THIS 28TH DAXQF DECEMBER.2015
Attest:
City CI
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution,a resolution Thatthe City Councilapprovesthe selectionof
Thompson Engineering,Inc. for Construction Engineering and Inspection Services
for ATRIP Phase 3; Resurfacing FairhopeAvenuefrom Bancroft to Highway 181 for
Project No.PW002-14;ALDOT No.ACOA61156-ATRP(002)with a cost not to
exceed $107,017.58; and authorize Mayor Kant to execute the contract. Seconded by
CouncilmemberBoone, motion passed unanimously by voice vote. Council President
Burrell mentioned per Mayor Kant that ALDOT will refund all funds.
RESOLUTION NO.2458-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA,that the City Council approves the selection of Thompson Engineering,Inc.as
Engineer of Record for Construction Engineering and Inspection Services for ATRIP Phase 3;
Resurfacing Fairhope Avenue from Bancroft to Highway 181 for Project No.PW002-14;ALDOT
No.ACOA61156-ATRP(002)with a cost not to exceed $107,017.58;and authorize Mayor Kant
to execute the contract.
DULY ADOPTED THIS 28TH DAY OF DECEMBER.2015
0-
Attest:
isa
City Cler
6917
28 December 2015
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution that Mayor Timothy M. Kant is hereby authorized
to execute a Contract for Professional Engineering Services for the City of Fairhope
with South Coast Engineers, LLC for RFQ No. PS002-16 for Fairhope Beach
ManagementPlan with a cost not to exceed$30,000.00.Secondedby Councilmember
Boone, motion passed unanimouslyby voice vote. Council President Burrell said the
Citywillmatchup to $15,000.00;andthe"Grant"willmatchup to $15,000.00.
RESOLUTION NO.2459-15
WHEREAS, the City of Fairhope recently accepted a Coastal Zone Management
Section 306 Grant (No.CZM-306-16-1)from the Alabama Department of
Conservation and Natural Resources (ADCNR)to develop a Beach Management
Plan;and
WHEREAS, the total project cost is not to exceed $30,000.00 of which the grant
amount is up to $15,000,and the City will provide a one to one local "in-kind" or
cash match is up to $15,000 on the project; and
WHEREAS,the City's Public Works Department will provide oversight of the
project;
THEREFORE BE IT RESOLVED THE GOVERNING BODY OF THE CITY
OF FAIRHOPE,ALABAMA,that Mayor Timothy M. Kant is hereby authorized to
execute a Contract for Professional Engineering Services for the City of Fairhope
with South Coast Engineers,LLC for RFQ No.PS002-16 for Fairhope Beach
Management Planwith a costnotto exceed $30,000.00.
DULY ADOPTED THIS 28TH DAY OF DECEMBER,2015
ATTEST:
d/Lt/
Janks,MMC
City Clefk
6918
28 December 2015
Councilmember Ford introduced in writing,and moved for the adoption of the
following resolution, a resolution that Mayor Timothy M. Kant is hereby authorized
to execute the Memorandum of Understanding and Agreement between Municipal
Intercept Services and the City of Fairhope for Collection of Delinquent Debts
pursuant to Article 3 of Chapter 18 of Title 40, Code of Alabama 1975. Seconded by
Councilmember Boone,motion passed unanimously by voice vote.
RESOLUTION NO.2460-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,that Mayor Timothy M. Kant is hereby authorized to
execute the Memorandum of Understanding and Agreement between Municipal
Intercept Services and the City of Fairhope for Collection of Delinquent Debts
pursuant to Article 3 of Chapter 18 of Title 40, Code of Alabama 1975.
DULY ADOPTED THIS 28TH DAY OF DECEMBER.2015
Attest:
City Cle
Councilmember Mueller introducedin writing, and moved for the adoption of
the following resolution,a resolution to Award Bid for Potting Soil for the Public
Works Department (Bid No.005-16)to BWI Companies,Inc.with a total bid
proposal of $9,729.00.Mayor Kant commented that these items will begin coming
before you if we normally go beyond the $15,000.00 bid limit or think we will be
going over during the year.Jennifer Fidler stated that we only have one bid because
everyone else buys from BWI.Seconded by Councilmember Brewer,motion passed
unanimously by voice vote.
6919
28 December 2015
RESOLUTION NO.2461-15
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 Potting Soil for
the Public Works Department (Bid Number 005-16)at 555 South Section Street in
the City of Fairhope offices,Fairhope,Alabama.
[2] At the appointed time and place, the following bid was opened and tabulated as
follows;no other responses were received:
BWI - Semmes Potting Soil $10.81 per 50 lb. Bag
[3] After evaluating the bid proposals with the required bid specifications,BWI
Companies,Inc. with the total bid proposal of $9,729.00 (Truckload of 900 - 50 lb.
Bags) is now awarded the bid for Potting Soil for the Public Works Department.
Adopted on this 28th day of December,2015
Attest:
tanks,
City Clerk
4—^
Councilmember Ford introducedin writing,and moved for the adoption of the
following resolution,a resolution that the City gratefully accepts the Deed of Gift for
Nature Park from the Fairhope Single Tax Corporation to the City of Fairhope;and
authorizes the Mayor to sign any documents necessary to complete the transfer.
Seconded by Councilmember Boone,motion passed unanimously by voice vote.
6920
28 December 2015
RESOLUTION NO.2462-15
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA,That the City gratefully accepts the Deed of Gift for Nature Park from
the Fairhope Single Tax Corporation to the City of Fairhope;and authorizes the
Mayor to sign any documents necessary to complete the transfer.
Adopted on this 28th day of December,2015
Attest:
City CI
Councilmember Boone moved to grant Change Order #1. A change order by
J & P Construction Co., Inc. for the Fairhope Waste Water Treatment Plant Upgrades,
Project No. SEW001-12 by decreasing the contract by $103,499.57. Seconded by
Councilmember Ford,motion passed unanimously by voice vote.
Planning Director Jonathan Smith addressed the City Council to explain the
Site Plan Review of property owned by the Fairhope Group, LLC. Located on the
west side of North Greeno Road in the Ecor Rouge Shopping Center,Fairhope,
Alabama for a proposed New Bank and Retail Center. Mr. Smith stated the site plan
was unanimously approved by the Planning Commission.
Councilmember Brewer moved to approve the Site Plan property owned by
the Fairhope Group,LLClisted above.Seconded by Councilmember Boone,motion
passed unanimously by voice vote.
Planning Director Jonathan Smith addressed the City Council to explain the
Site Plan Review of property owned by Harvey "Skip"Jones.Located on the
southwest corner of the intersection of Fairhope Avenue and Bayview Street,
Fairhope,Alabama for a proposed mixed-use development containing an 18-unit
condominium development witha single office onthe ground floor fronting Bayview
("Knoll Park Flats").Mr.Smith stated the site place was approved byan 8 to 1 vote
by the Planning Commission.
6921
28 December 2015
The applicant is requesting encroachments on the City's right of way: a 2-foot
balcony overhang into the right of way; and using the City's right of way for their
required landscape buffer and greenspace percentage.The Planning Department is
requesting that the applicant sign a Hold Harmless Agreement with the City if the
encroachments are approved.
Mr.Jones addressed the City Council and commented the City right of way on
Fairhope Avenue is undeveloped;they are going to be stabilizing the gulley wall; and
will plant additional on Bayview to complement the streetscape in Fairhope.Council
President Burrell stated he did not have a problem with the encroachment of right of
way. He did question the rezone to B3b,Tourist Commercial Residential,where
short-term rentals are allowed.
Councilmember Ford moved to approve the Site Plan property owned by
Harvey "Skip"Jones listed above. The motion was seconded by Councilmember
Boone. City Clerk Lisa Hanks asked if this motion was for the recommendation of
Planning Staff or the Planning Commission. Council President Burrell asked City
Attorney Wynne if the motion needed to state with the attached note from Staff
regarding the Hold Harmless Agreement. City Attorney Wynne stated we do these
with other property agreements to protect the City; and the motion needs to include
the note.Councilmember Ford withdrew his motion.Then,Councilmember Ford
moved to approve the recommendation of the Planning Commission with the attached
note: If approved, the City and the Applicant should enter into a Hold Harmless
Agreement regarding the encroachments onto City property.Seconded by
Councilmember Boone,motion passed unanimously by voice vote.
Councilmember Brewer moved to adjourn the meeting.Seconded by
Councilmember Boone,motion passed unanimously by voice vote.
There being no furtherbusinessto comebeforethe City Council,the meeting
was duly adjourned at 6:41 p.m.
Hanks,MMC
City Clerk
cil President