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Home My WebLink About04-11-2005 Regular Meeting3522 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:45 p.m., Fairhope Municipal Complex Council Chamber. The meeting was delayed 15 minutes due to an accident at City Hall. 161 North Section Street, Fairhope, Alabama 36532, on Monday, 11 April 2005. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. No one was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Chief of Police Chris Browning, gave the invocation. Councilmember Stankoski moved to approve minutes of the 28 March 2005, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Chief of Police explained that an accident occurred at approximately 4:30 p.m. today where a lady mistakenly drove her car into the Mayor's Office at City Hall. Mayor Kant, Dan McCrory, Water/Sewer Superintendent and Assistant Fire Chief, and Jimmy Cluster, Assistant Electric Superintendent and Fire Chief were n the Mayor's office at the time of the accident. Dan McCrory was injured in this accident, but no bones were broken. Jimmy Cluster pulled his back while lifting the desk to help Mr. McCrory. Mayor Kant was not injured. Chief Browning also reported that a tractor -trailer had over turned on Highway 181(aka County Road 27). This incident was believed to have injuries, but details were not known at the time. Mayor's Comments and Staff Reports: Mayor Kant presented Larry Green with the first Volunteer Award Plaque, and received a standing ovation. Mr. Green has served on the Planning and Zoning Commission for the past nine years. Mayor Kant thanked Mr. Green for all the work that he has done with the City of Fairhope. Mr. Green thanked the Mayor and Council for their support. Mr. Green is unable to continue to serve on the Board for personal reason with his family. Mayor Kant asked the City Council to vote the Gulf Art Space ordinance up or down tonight. Mayor Kant also asked the City Council to let him know their decision on opening County Road 13. Councilmember Ford moved for final adoption for the re -zoning request of Joseph F. Fram and Leslie A. Fram from R2-Medium Density Single -Family Residential District to R-3 TH High Density Single -Family Townhouse Residential District. This property is located at 257 Church Street on the East side of Church Street between White Avenue and Gaston Avenue. (Introduced and Public Hearing held on March 28, 2005 meeting) This request died for a lack of a seconded. 3523 11 April 2005 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Christenberry introduced in writing Ordinance No. 1241. This ordinance would re -zone the property of Longleaf II, L.L.C. from R2 Single Family to B2-General Business. This property is located at 265 Young Street aka 301 Young Street (on the East side of Young Street just South of Horn Lane). Council President Gentle called on Christopher Baker, Director of Planning and Building, to give an overview of this ordinance. Mr. Baker explained that Dr. Lynn Yonge has made a request to rezone the property from single family to business in order to allow Gulf Art to operate. The property is approximately 83 feet wide and 534 feet deep. The Planning Commission recommended approval of this ordinance. Sam Irby, attorney for this project, addressed the City Council expressing that this property has never been used as residential, and that the property would only be in use approximately 3 days a week. Council President Gentle opened the Public Hearing at 6:04 p.m. • Kelvin Hunt, a resident of the Young Street area, addressed the City Council in favor of the rezoning. Mr. Hunt stated that he had a petition of 603 signatures that were in favor of the rezoning request. The petition was not turned over to the City Clerk. • Leon Chambers, a resident of 511 Patlynn Drive, addressed the City Council in favor of the project, but not in favor of the location. The public hearing was closed at 6:09 p.m. Council President Gentle gave each Councilmember two opportunities to speak to the re -zoning request. Councilmember Stankoski expressed that he was in favor of the project, but was not in favor of the neighborhood and the way things were done. Mr. Stankoski further stated that the City Council needed to be consistent and stay strong. Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1241. Seconded by Councilmember Christenberry, motion for final adoption passed by the following votes: AYE -Quinn, Christenberry, Ford, and Gentle. NAY-Stankoski. "Corrected at April 25 2005, meeting." 3524 11 April 2005 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Christenberry introduced in writing Ordinance No. 1242. This ordinance would re -zone the property of John W. Bethea, from B4-Office and Professional to B2-General Business. This property is located at 155 Bancroft, Fairhope, Alabama. Council President Gentle called on Christopher Baker, Director of Planning and Building, to give an overview of this ordinance. Mr. Baker explained that Mr. Bethea recently purchased this 11,900 sq. ft. parcel of property. The request is not contrary to the Comprehensive Plan. Barbara Casey addressed the City Council to explain that she is proposing to construct a working sculpture studio and three Condominium/Townhouse units. This property does have three massive trees that will be worked around. Council President Gentle opened the Public Hearing at 6:20 p.m. • Peter Sikorowski, a resident of 404 Oak Street, addressed this in favor of the re -zoning request. The public hearing was closed at 6:23 p.m. Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Christenberry moved for final adoption of Ordinance No. 1242. Seconded by Councilmember Ford, motion for final adoption passed by the following votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -Quinn. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to appoint special prosecutors. Seconded by Councilmember Ford, motion passed by the following votes: AYE -Quinn, Christenberry, and Ford. NAY -None. ABSTAIN-Stankoski and Gentle. 3525 11 April 2005 RESOLUTION NO. 1103-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to appoint the following persons as special prosecutors to be used when the City Attorney, Marion E. (Tut) Wynne has a conflict with certain cases at a fee of $100.00: James Scroggins Michael Karol Kemp DiMario Dasinger Robert Stankoski James Sweet Approved and Adopted this 111h day of April , 2005 Attest: Geniece W. Johnson, Ci reasurer James Sweet will be used as the City's Alternate Judge when the City's Judge, Judge Snedeker, has a conflict with certain cases. The City Council does not have to take action on appointing a special acting Judge. Councilmember Quinn introduced in writing, and so moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to amend the duration of said agreement between the City of Fairhope and Alabama Department of Conservation and Natural Resources, State Lands Division for the purpose of improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 3526 11 April 2005 RESOLUTION NO: 1104-05 WHEREAS, the City of Fairhope entered into an agreement with the Alabama Department of Conservation and Natural Resources, State Lands Division on March 1, 2004, for the purpose of improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue. WHEREAS, This project is funded by a grant in the amount of $25,000.00. The City shall be responsible for a cash or in -kind match of $25,000.00. The scope of services is listed in detail as Attachment A WHEREAS, The Contractor shall commence performance on this Contract on March 1, 2004, and shall complete performance to the satisfaction of Lands no later than September 30, 2005. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to amend the duration of said agreement between the City of Fairhope and Alabama Department of Conservation and Natural Resources, State Lands Division for the purpose of improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue. APPROVED THIS THE 11`h DAY OF APRIL , 2005. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to write a letter to Dr. Ed Richardson with Auburn University and to David Ed Bishop, Chairman of the Baldwin County Commission, informing them that the City of Fairhope fully support the opening of County Road 13 from Highway 104 North, and requesting that Auburn sell the necessary right-of-way at fair market value to any governing body that is in a position to build the road. Seconded by Councilmember Stankoski. Councilmember Quinn stated that she did not want to build this street without addressing the following concerns: Zoning, filling in the wetlands, and speeding. Councilmember Quinn further stated that she did not want to give Baldwin County a carte blanche on this project. 3527 11 April 2005 Councilmember Quinn also expressed concerns with using the term "fully support the opening of County Road 13," and that this issue should be addressed along with revising the City of Fairhope's Comprehensive Plan to see the impact of opening this street will have on the City of Fairhope. Councilmember Stankoski stated that we cannot afford to be closed minded to this issue with just saying no. We continue to grow and we need to be apart of the process of opening County Road 13. It would be nice to have another road to use while Hwy 181 (formally County Road 27) is being widened. Councilmember Christenberry stated that opening County Road 13 is a no brainier; however, he does have concerns with using the term "fully support." Councilmember Christenberry also inquired if this issue would come back before the Planning and Zoning Commission being that is was already approved previously? Councilmember Ford stated that he was for opening County Road 13 a year ago and is still in favor of opening County Road 13. Councilmember Ford expressed concerns with having Hwy 181 closed several weeks ago due to an accident with a fatality. Councilmember Ford further stated that if we put conditions on this road we are going to be back where we started. Councilmember Gentle stated that this development is imminent, and we should be a part of the process. Councilmember Gentle further expressed that before anything can be done this must come back to the Planning and Zoning, and we must have control and start the process. Mayor Kant stated that the Council needed to say tonight if they are for the road or not. This road is not inside the city limits. You either want the road with all the good, bad, and ugly that comes with it or you don't. Christopher Banker, Planning and Building Director, addressed the City Council to explain that section 11-52-11 of the Alabama Code stated that the Planning and Zoning Commission must approve the location, character, and extent of new streets and public buildings etc., to make sure that they are in conformance with the Comprehensive Plan. The Planning and Zoning Commission has previously approved County Road 13 with conditions. Councilmember Quinn asked if Councilmember Ford would amend his motion to add that the County works with the City through the comprehensive plan process. Councilmember Ford stated no, this is only a stall tacit. Councilmember Ford's original motion passed by the following votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -Quinn. The Mayor will provide the City Council with a copy of his letter. 3528 11 April 2005 RESOLUTION NO. 1105-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to write a letter to Dr. Ed Richardson with Auburn University and to David Ed Bishop, Chairman of the Baldwin County Commission, informing them that the Fairhope City Council fully support the opening of County Road 13 from Highway 104 North and requesting that Auburn sell the necessary right-of-way at fair market value to any governmental agency that is in a position to build the road. Adopted this 1 lth day of April, 2005 City Council reviewed an application for a Beer/Wine On/Off Premises License by Robert T. Coppoletta, Jr., dba Mary Ann's Deli and Catering, located at 7 South Church Street, Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed by the following votes: AYE -Quinn, Christenberry, Ford and Gentle. NAY -None. ABSTAIN- Stankoski Councilmember Quinn so moved to grant the request of Eastern Shore Chamber of Commerce, requesting permission to block streets for their annual Arts and Crafts Festival on March 17, 18, and 19, 2006. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Donnie Barrett and Carey Garner with the Fairhope Historical Museum addressed the City Council to thank the City for storing a sugar cane press and evaporation pan which were previously stored at the Faulkner Campus. The Fairhope Historical Museum is about to acquire a 1930's Satsuma duster from the Auburn Experimental Substation which will also require storing. They thanked the City for giving permission to store in the City's warehouse on South Section Street. They thanked everybody for helping to protect Fairhope's heritage by giving space to protect these items. 3529 11 April 2005 Councilmember Ford addressed the City Council to encourage people not to litter and to encourage the Schools to take, as a project, a Clean-up Fairhope Day. Council President Gentle appointed Councilmember Stankoski, Councilmember Ford and Public Works Director Jennifer Fidler to work together on this project with the schools. Councilmember Ford moved to re -bid and to get a change order for the repair work at Orange Avenue Pier. The scope of the work will be changed to make this pier handicapped accessible. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. The pier was damaged by Hurricane Ivan on September 16, 2004. The City Council awarded the original bid to Doug Ward Co. at the regular City Council meeting on February 28, 2005. Mr. Ward will be paid for the work that he has already done on the Orange Avenue Pier and a change order decreasing this contract will be approved by the City Council at a later date. Councilmember Christenberry moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Stankoski moved to address two items not on the printed agenda. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. City Council reviewed an application for a Beer/Wine On/Off Premises License by Boyd Little, dba Oak Hollow Farm, located at 14210 Greeno Road, Fairhope, Alabama. Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Stankoski, motion passed by the following votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -None. ABSTAIN - Ford. BID TABULATION EMERGENCY REPAIRS TO BOX CULVERT ON SECTION STREET BETWEEN FREDERICK AVENUE AND ROSA AVENUE CONTRACT NO. 106509.50A o EMERGENCY REPAIRS TO BOX CULVERT ON SECTION STREET BETWEEN FREDERICK AVENUE AND ROSA AVENUE BID TABULATION OF APRIL 6, 2005 ITEM # ALDOT ITEM DESCRIPTION UNIT QUANTITY Gulf Equipment Pope Contracting UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Demolition LS 1 $22,000.00 $22,000.00 $40,000.00 $40,000.00 2 Double 4' x 4' Box Culvert Extension LF 10 $2,030.00 $20,300.00 $2,000.00 $20,000.00 3 Headwell LS 1 $9,200.00 $9,200.00 $9,000.00 $9,000.00 4 21 OD-000 Borrow Excavation CY 400 $15.00 $6,000.00 $20.00 $8,000.00 5 429A-241 Improved Bituminous Concrete Wearing Surface Layer, 3/4" Max. Aggregate Size Mix, ESAL Range C (220#/SY) TON 100 $160.00 $16,000.00 $225.00 $22,500.00 6 618A-000 Concrete Sidewalk, 4" Thick SY 30 $55.00 $1,650.00 $35.00 $1,050.00 7 620A-000 Concrete Slope Paving CY 4 $650.00 $2,600.00 $500.00 $2,000.00 8 650A-000 Topsoil CY 20 $31.00 $620.00 $25.00 $500.00 9 654A-000 Solid Sodding SY 200 $14.00 $2,800.00 $6.00 $1,200.00 10 701A-004 Solid White Traffic Stripe, Class 1 Type A MI 0.2 $3,000.00 $600.00 $1,000.00 $200.00 11 701A-008 Broken Yellow, Class 1, Type A Traffic Stripe MI 0.2 $3,000.00 $600.00 $1,000.00 $200.00 12 701A-012 Solid Yellow Traffic Stripe, Class 1 Type A MI 0.2 $3,000.00 $600.00 $1,000.00 $200.00 13 Traffic Control Scheme LS 1 $7,500.00 $7,500.00 $15,000.00 $15,000.00 TOTAL AMOUNT BID $90,470.00 $119,850.00 I, Matthew D. Bell, do hereby state that this is a true and correct tabulation of bids to the best of my knowledge and belief. This the 7th day of April, 2005 Matthew D. Bell, P.E. w w 0 CONTRACT NO. 106509.50B EMERGENCY REPAIRS TO CROSS DRAIN PIPE ON SECTION STREET ADJACENT TO FAIRHOPE ANIMAL SHELTER BID TABULATION OF APRIL 6, 2005 ITEM # ALDOT ITEM DESCRIPTION UNIT QUANTITY Ammons & Blackmon Gulf Equipment UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 201A-000 Clearing & Grubbing (Approx. 0.25 AC+/-) LS 1 $2,500.00 $2,500.00 $11,000.00 $11,000.00 2 205A-000 Removal of Structure (Existing 48" CMP & Headwall) LS 1 $1,500.00 $1,500.00 $7,500.00 $7,500.00 3 1 21 OA-000 Unclassified Excavation CYIP 500 $10.00 $5,000.00 $20.00 $10,000.00 4 21OD-000 Borrow Excavation CYIP 1000 $16.001 $16,000.00 $34.00 $34,000.00 5 301A-012 Crushed Aggregate Base Course, Type B, Plant Mixed (9" Thick) SYCIP 50 $40.00 $2,000.00 $54.00 $2,700.00 6 416A-020 Bituminous Concrete Wearing Surface 416A, Mix 1 (220#/SY) TON 15 $150.00 $2,250.00 $220.00 $3,300.05 7 535A-089 48" Side Drain Pipe (Class 3 R.C.) LF 40 $110.00 $4,400.00 $145.00 $5,800.00 8 60OA-000 Mobilization LS 1 $10,000.00 $10,000.00 $7,000.00 $7,000.00 9 608A-000 Separation Geotextile SY 50 $10.00 $500.00 $15.00 $750.00 10 61OA-004 Class 2 Rip Rap 2' Thick w/Filter Blanket SY 35 $99.50 $3,482.50 $80.00 $2,800.00 11 619A-106 48" Side Drain Pipe End Treatment, Class 1 EA 1 $1,895.00 $1,895.00 $3,500.00 $3,500.00 12 621C-017 Inlets, Type S3 (2 Wings) EA 1 $4,400.00 $4,400.00 $14,000.00 $14,000.00 13 621F-002 Manhole, Type M EA 1 $6,200.00 $6,200.00 $12,700.00 $12,700.00 14 625C-000 Combination Curb & gutter, Type B LF 85 $24.50 $2,082.50 $44.00 $3,740.00 15 65OA-000 Topsoil (4" Thick) CYIP 100 $22.00 $2,200.00 $22.00 $2,200.00 16 652A-050 Seeding (Kentucky 31/Mix IA) AC 0.35 $2,975.00 $1,041.25 $3,000.00 $1,050.00 17 654A-000 Solid Sod Grass SY 500 $7.50 $3,750.00 $11.00 $5,500.00 18 656A-001 Mulching, Class A, Type 2 AC 0.35 $1,000.00 $350.00 $2,500.00 $875.00 19 665F-000 Hay Bales EA 50 $10.00 $500.00 $24.00 $1,200.00 20 665J-001 Silt Fence, Type B LF 200 $12.00 $2,400.00 $18.00 $3,600.00 21 701A-005 Solid White Traffic Stripe, Class 1, Type B MI 0.1 $5,000.00 $500.00 $3,000.00 $300.00 TOTAL AMOUNT BID $72,951.25 $133,515.05 I, Matthew D. Bell, do hereby state that this is a true and correct tabulation of bids to the best of my knowledge and belief. This the 7th day of April, 2005 NOTE: Due to a miscalculation Ammons bid should be $72,951.25 Matthew D. Bell, P.E. r+ O >✓ Q CD a' O CD CD CD°a. C O CD N �a aCD C CD � O a CD OCD � QQ a� CD 0 CD 'C O C, 0 CD CD O' O C G 0 �- n � 0. 0 Z � O >v � N O� O n O n CD O' CD n t3' cD O C CD a O n 0 (D 0 a O a N O O W cn W a N O O LA CONTRACT NO. 106509.50C EMERGENCY REPAIRS TO CLIFF DRIVE BETWEEN MOBILE STREET AND FREEDOM STREET BID TABULATION OF APRIL 6, 2005 ITEM # ALDOT ITEMDESCRIPTION UNIT QUANTIT Amnions & Blackmon Gulf Equipmeril UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Demolition LS 1 $7,500.00 $7,500.00 $6,000.00 $6,000.00 2 21 OD-000 Borrow Excavation CY 500 $14.00 $7,000.00 $21.00 $10,500.00 3 301A-018 Crushed Aggregate Base Course, Type B, Plant Mixed (6" Thick) SY 100 $30.00 $3,000.00 $32.00 $3,200.00 4 429A-240 Improved Bituminous Concrete Wearing Surface Layer, 1/2" Max. Aggregate Size Mix, ESAL Range C (210#/SY) TON 30 $150.00 $4,500.00 $185.00 $5,550.00 5 623A-004 Concrete Gutter LF 100 $25.00 $2,500.00 $42.00 $4,200.00 6 652A-058 Seeding (Mix 3B) AC 0.25 $3,000.00 $750.00 $3,700.00 $925.00 7 659A-002 Erosion Control Netting, Class B SY 50 $20.00 $1,000.00 $20.00 $1,000.00 TOTAL AMOUNT BID $26,250.00 $31,375.00 I, Matthew D. Bell, do hereby state that this is a true and correct tabulation of bids to the best of my knowledge and belief. This the 7th day of April, 2005 NOTE: Due to a miscalculation, Ammons bid should be $26,250.00 Matthew D. Bell, P.E. 3533 11 April 2005 Councilmember Stankoski moved to accept the low bid of Ammons & Blackmon, Daphne, Alabama, for emergency repairs to the cross drain pipe on Section Street adjacent to Fairhope Animal Shelter and for emergency repairs to Cliff Drive between Mobile Street and Freedom Street, provided all specifications are met. Seconded by Councilmember Ford, motion passed unanimously by voice vote. There being no further business to come before the City Council the meeting was duly adjourned at 7:17 p.m. po� Robert C. Gentle, Council President Geniece W. Johnson,' 'Iy Clerk/Treasurer