HomeMy WebLinkAbout08-23-2010 Regular Meeting5453
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, 23 August, 2010.
Present were Council President Lonnie L. Mixon, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Michael A. Ford, and Rick Kingrea, Mayor Timothy M.
Kant, City Attorney Marion E. Wynne, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Mixon called the meeting to
order. The invocation was given by Councilmember Mike Ford and the Pledge of
Allegiance was recited. Council President Mixon asked if there were any corrections
to the minutes from the 9 August 2010, regular meeting. He then stated if there are
no corrections, the minutes stand approved as written.
Councilmember Kingrea addressed the City Council regarding "Where Do
We Stand" with the following issues:
1) Nichols Street Deck — City Attorney Wynne stated the deck was pending
and we are waiting on a Ruling.
2) Jubilee Lounge (19th Hole) — The business license revocation was
questioned; Chief Press said he plead guilty. Gregg -Mims replied we
need to formally give notice and he would get with the City Clerk.
3) South Beach
4) Dogs at County Road 32 complaints; Chief Press said they were checking
into this issue.
5) AMIC vs. COF was questioned; City Attorney Wynne stated that the City
had until August 27th to respond and he was going to be meeting with the
officials of AMIC in Montgomery. Caine O'Rear will be working on this
case with City Attorney Wynne.
Mayor Kant addressed the City Council and presented the following Power
Point Presentation:
5454
23 August 2010
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Mayor Kant also mentioned the resolution for the parking spaces in front of the Police
Station and suggested the same for Pine Street. He stated that our Trash Department
is doing an excellent job; and the City is here to provide services.
5455
23 August 2010
Councilmember Quinn addressed the City Council and reported that there
have been more accidents at the intersection of Highway 13 and Highway 104. She
mentioned possibly sending a letter to the County regarding this issue. Chief Press
responded that the first day Highway 13 opened he sent a letter requesting a traffic
control light or larger signs. A second letter was also sent and fell on deaf ears.
Councilmember Quinn said she would like this item to be on the next City Council
agenda.
Councilmember Stankoski expressed his gratitude for all of the thoughts and
prayers. He also mentioned that Thomas Hospital was a great facility.
Council President Mixon asked Mayor Kant the status and recommendation of
the BP Funds. Mayor Kant replied that the Governor said to hold onto the funds.
Wednesday we will be looking at projects for the County. We are putting together all
of my time, staff s time, and any other expenses involved in the oil spill and will
deduct from the BP Funds. Council President Mixon also asked Mayor Kant about
any K-1 requests and have we made commitments to the facility. Mayor Kant
responded that we would cut the grass and maybe help with labor if they would
furnish the materials.
Mayor Kant presented representatives of The Haven a proclamation,
proclaiming September 2010 as The Haven Volunteer Appreciation and Pet Photo
Contest Month.
City Administrator Gregg Mims addressed the City Council and presented a
proclamation, proclaiming September 2010 as National Alcohol and Drug Addiction
Recovery Month.
Councilmember Quinn moved to grant the request of Jim Horner, Chairman of
the Fairhope Environmental Advisory Board, requesting permission to go forward
with "The Parks of Fairhope" brochure. Mr. Horner stated the brochure has been
approved by various City personnel, the Recreation Board, and will hopefully be paid
for by the Fairhope Single Tax Association. Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
Council President Mixon announced that Item #8 has been pulled until the
next City Council meeting.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution declaring 27,500 feet of used and decontaminated
boom and 23,000 feet of new 8" absorbent boom as surplus and is no longer needed
for public or municipal purposes; and authorizing the Mayor and Purchasing Manager
to dispose of the boom by receiving bids. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
5456
23 August 2010
RESOLUTION NO. 1681-10
WHEREAS, the City of Fairhope, Alabama, has certain items of personal property
which are no longer needed for public or municipal purposes; and
WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the
municipal governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope,
Alabama, is not needed for public or municipal purposes, and is hereby declared
surplus:
27,500 feet of Used and Decontaminated Boom
23,000 feet of New 8" Absorbent Boom
SECTION 2. That the Mayor and Purchasing Manager be, and they hereby are,
authorized and directed to dispose of the personal property owned by the City of
Fairhope, Alabama, described in Section 1, above, by receiving bids for such
property. All such property shall be sold to the highest bidder, provided, however,
that the council shall have the authority to reject all bids when, in its opinion, it deems
the bids to be less than adequate consideration for the personal property.
ADOPTED AND APPROVED THIS 23RD DAY OF AUGUST, 2010
ATTEST:
i
sa anks, City Clerk
5457
23 August 2010
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution approving the removal of 12 angle parking
spaces in front of the Fairhope Police Department and change to parallel spaces.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 1682-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves forthwith that the
12 angle parking spaces in front of the Fairhope Police Station be removed and
changed to parallel parking spaces.
Adopted on this 23rd day of August, 2010
Attest:
C7sa4Aanks, ity Clerk
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Timothy M. Kant to
execute Amendment No. 1 to the Water Tower Lease Agreement dated July 5, 2005,
between the City of Fairhope and Verizon Wireless. Seconded by Councilmember
Kingrea, motion passed unanimously by voice vote.
5458
23 August 2010
RESOLUTION NO. 1683-10
WHEREAS, this Amendment, dated August 23, 2010, is entered into by the City of
Fairhope, Alabama, an Alabama Municipal Corporation, hereinafter referred to as
"Lessor", and Verizon Wireless Personal Communications LP d/b/a Verizon
Wireless, hereinafter referred to as "Lessee" and,
WHEREAS, the Lessor and Lessee entered into a "Water Tower Lease Agreement"
dated July 5, 2005 and such Agreement remains in effect; and,
WHEREAS, the Lessor and Lessee desire to modify the Agreement in order to
document Lessee's replacement of antennas and temporary operation of tower
equipment; and,
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized to execute Amendment No. 1 to
the Water Tower Lease Agreement dated July 5, 2005, between the City of Fairhope
and Verizon Wireless.
Adopted this 23rd Day of AAu st, 2010
Attest:
is4�Aanks, City Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to award bid for repairs of storm damage due to
rainstorm on March 25, 2009 for South Mobile Street (FEMA Project). Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
5459
23 August 2010
RESOLUTION NO. 1684-10
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 Repairs of Storm
Damage due to Rainstorm on March 25, 2009 for South Mobile Street (FEMA
Project) at 555 South Section Street in the City of Fairhope offices, Fairhope,
Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for Repairs of Storm Damage due to
Rainstorm on March 25, 2009 for South Mobile Street (FEMA Project)
[3] After evaluating the bid proposals with the required bid specifications, S. C.
Stagner Contracting, Inc., with the total bid proposal of $21,235.25, is now awarded
the bid for Repairs of Storm Damage due to Rainstorm on March 25, 2009 for South
Mobile Street (FEMA Project).
Adopted on this 23rd day of August, 2010
Attest:
4LisaHadks, City Clerk
5460
23 August 2010
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5461
23 August 2010
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to award bid for repairs of storm damage due to
rainstorm on March 25, 2009 for Seawall at South Beach (FEMA Project). Seconded
by Councilmember Quinn, motion passed unanimously by voice vote.
RESOLUTION NO. 1685-10
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 Repairs of Storm
Damage due to Rainstorm on March 25, 2009 for Seawall at South Beach (FEMA
Project) at 555 South Section Street in the City of Fairhope offices, Fairhope,
Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for Repairs of Storm Damage due to
Rainstorm on March 25, 2009 for Seawall at South Beach (FEMA Project)
[3] After evaluating the bid proposals with the required bid specifications, S. C.
Stagner Contracting, Inc., with the total bid proposal of $12,294.00, is now awarded
the bid for Repairs of Storm Damage due to Rainstorm on March 25, 2009 for
Seawall at South Beach (FEMA Project).
Adopted on this 23rd day of August, 2010
y M.
Attest:
, �- "o"/"z'�
isa X.Panks, City Clerk
5462
23 August 2010
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5463
23 August 2010
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution to award bid for repairs of storm damage due to
rainstorm on March 25, 2009 for North Bayview (FEMA Project). Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1686-10
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 Repairs of Storm
Damage due to Rainstorm on March 25, 2009 for North Bayview (FEMA Project) at
555 South Section Street in the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for Repairs of Storm Damage
due to Rainstorm on March 25, 2009 for North Bayview (FEMA Project)
[3] After evaluating the bid proposals with the required bid specifications, BES, Inc.,
with the total bid proposal of $12,811.13, is now awarded the bid for Repairs of
Storm Damage due to Rainstorm on March 25, 2009 for North Bayview (FEMA
Project):
Adopted on this 23rd day of August, 2010
M. K nt, Mayor
Attest:
Lisa A.11anks, City Clerk
5465
23 August 2010
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing City Administration to develop and
issue an RFP for trash services in Fairhope which will allow Mayor Timothy M. Kant
and Councilmembers to review proposals and evaluate City versus private operation
of trash services. Councilmember Quinn mentioned that the Public Works Study
Group asked that this be included in the initial RFP for the garbage and recycle
services. Seconded by Councilmember Stankoski, motion passed unanimously by
voice vote.
RESOLUTION NO. 1687-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City Administration has authorization to develop and issue a Request
for Proposal ("RFP") for trash services in Fairhope which will allow Mayor Timothy M. Kant
and the Councilmembers to review proposals and evaluate City versus private operation of
trash services.
Adopted on this 23rd day of August, 2010
Attest:
isa nks, ty Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing the Department Heads to contact
directly, the appropriate legal counsel as required in their area of responsibility,
should the need arise, with approval of the Mayor or City Administrator. The motion
was seconded by Councilmember Kingrea.
Councilmember Kingrea proposed an amendment to include prior to the
telephone call being made. This may be implicit in the resolution, but it doesn't read
like that. Mayor Kant explained the current policy that was put in place due to an
increase in attorney fees. He instructed everybody who needed outside counsel to
send a memo to the City Clerk and she could research whether we could use private
sources and not cost us anything; or maybe even had the information already in her
office. If it was determined an attorney was needed, it was forwarded to my office.
Mayor Kant stated if he did not like the request, he forwarded the request to the City
Administrator with questions and why we needed to spend this money before
allowing use of an attorney. Anything out of the ordinary was the reason this was put
in place, so we could keep a checks and balances for these fees.
5466
23 August 2010
Councilmember Stankoski moved to amend the resolution by inserting the
word "pre" in front of the word "approve" for the resolution to read "The Mayor or
City Administrator must pre -approve the call and the purpose for which the call is
made." The motion to amend was seconded by Councilmember Kingrea.
Councilmember Ford said this is kind of a dangerous area even though you have
approval. We have a City Clerk who knows a lot; she could stop a lot of the actions
of people calling right there because she is up on the rules and regulations. We have
a Mayor who is very knowledgeable of what has been going on all of the time.
Councilmember Ford stated he thought it should be one person to approve.
After further discussion the motion to amend the resolution, by inserting "pre" in
front of "approve," passed by the following voice votes: AYE — Quinn, Stankoski,
Mixon, and Kingrea. NAY — Ford.
Councilmember Quinn moved for the adoption of the following resolution as
amended, a resolution authorizing the Department Heads to contact directly, the
appropriate legal counsel as required in their area of responsibility, should the need
arise. The Mayor or City Administrator must pre -approve the call and the purpose for
which the call is made. Seconded by Councilmember Kingrea, motion passed by the
following voice votes: AYE — Quinn, Stankoski, Mixon, and Kingrea. NAY — Ford.
RESOLUTION NO. 1688-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Department Heads are hereby authorized to contact
directly, the appropriate legal counsel as required in their area of responsibility,
should the need arise. The Mayor or City Administrator must pre -approve the call
and the purpose for which the call is made.
Adopted on this 23rd day of August, 2010
Attest:
4isaanks, City Clerk
5467
23 August 2010
Council President Mixon announced that Item #17 has been pulled until the
next City Council meeting.
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to execute
two Agreements between DiRecManagement, Inc. and the City of Fairhope for the
collection of the City of Fairhope's outstanding Criminal Fines and Utility
Receivables. Seconded by Councilmember Stankoski, motion passed unanimously
by voice vote.
RESOLUTION NO. 1689-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute two Agreements between DiRecManagement, Inc. and the City of Fairhope
for the collection of the City of Fairhope's outstanding Criminal Fines and Utility
Receivables.
DULY ADOPTED THIS 23RD DAY OF AUGUST, 2010
Attest:
isa Tanks —,City Cler
Council President Mixon announced that Item #19 has been pulled and will
carry over until the next City Council meeting. Councilmember Kingrea asked Maria
Gilheart and Laticia Peralez to meet with Jonathan Smith, Planning and Building
Director, and possibly come to a compromise both parties could agree upon.
23 August 2010
Councilmember Kingrea moved for final adoption of Ordinance No. 1429, an
Ordinance amending Ordinance No. 1413 regarding the application of proceeds for
Tobacco Products Tax; changing the wording from Capital Projects Fund to the
General Fund. (Introduced at the August 9, 2010 City Council Meeting) The motion
was seconded by Councilmember Quinn. Councilmember Ford mentioned he voted
against this before and the argument was we needed this money in the General Fund.
We are taking away something that has worked for 20 or 30 years. We are not
changing something just for the sake of changing not because it is necessary. After
further discussion, motion for final adoption passed by the following votes: AYE -
Quinn, Stankoski, Mixon, and Kingrea. NAY - Ford.
Councilmember Stankoski moved for final adoption of Ordinance No. 1430,
an Ordinance amending Ordinance No. 1414 regarding the application of proceeds for
Beer License Tax; changing the wording from Capital Projects Fund to the General
Fund. (Introduced at the August 9, 2010 City Council Meeting) Seconded by
Councilmember Kingrea, motion for final adoption passed by the following votes:
AYE - Quinn, Stankoski, Mixon, and Kingrea. NAY - Ford.
Councilmember Quinn introduced in writing an Ordinance repealing
Ordinance No. 1128 and Ordinance No. 1155 and to establish the Bylaws of the
Fairhope Environmental Advisory Board. Since there was no motion for immediate
consideration, this ordinance will lay over until the September 13, 2010 City Council
meeting.
Councilmember Stankoski introduced in writing Ordinance No. 1431, an
Ordinance authorizing Mayor Timothy M. Kant to execute an Agreement for Sale and
Purchase and an Appropriation Agreement for transfer of property to the Fairhope
Airport Authority. In order to take immediate action, Councilmember Kingrea
moved for immediate consideration. Seconded by Councilmember Quinn, motion for
immediate consideration passed unanimously by the following votes: AYE - Quinn,
Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Quinn then
moved for final adoption of Ordinance No. 1431. Seconded by Councilmember
Stankoski, motion for final adoption passed unanimously by the following votes:
AYE - Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None.
Councilmember Stankoski introduced in writing Ordinance No. 1432, an
Ordinance directing the transfer of numerous parcels of land to the Fairhope Airport
Authority and declaring said property to be properly used by the Fairhope Airport
Authority for public purposes. In order to take immediate action, Councilmember
Kingrea moved for immediate consideration. Seconded by Councilmember Quinn,
motion for immediate consideration passed unanimously by the following votes:
AYE - Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None.
5469
23 August 2010
Councilmember Stankoski then moved for final adoption of Ordinance No. 1432.
Seconded by Councilmember Kingrea, motion for final adoption passed unanimously
by the following votes: AYE - Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY -
None.
Councilmember Kingrea moved to grant the request of Police Chief Press
requesting permission to hire five full time employees and five part-time employees
for the Police Department to fill vacancies: one Corrections Sergeant, three Police
Officers, and one Dispatcher which are full time positions; and three Dispatchers and
two Correction Officers which are part-time positions. Councilmember Ford
seconded the motion. Councilmember Kingrea questioned the agenda having two
replacements being requested and now requesting ten. Rhonda Bishop, Human
Resources Director, replied all requested employees are replacements and these
should help with overtime. Chief Press stated he needed these filled as quickly as
possible. Mayor Kant suggested approving the hiring of the three Police Officers and
the other vacancies wait until after the budget. After further discussion, motion
passed unanimously by voice vote.
Councilmember Quinn moved to grant the request of the Fairhope Volunteer
Fire Department requesting permission to purchase a 1971 FT500 2.5 ton 6X6
Military Truck, VIN#04A82670033410270 from the City of Fairhope for the sale
price of $1.00. Seconded by Councilmember Ford, motion passed unanimously by
voice vote.
Councilmember Quinn moved to grant the request of Joe Birindelli requesting
permission for the soldiers from the 1165th Military Police Company to host an event
near the pier or rose garden with proceeds going to the Fairhope Veterans Memorial.
The event will be for several weekends in September and October; and they will
coordinate with the Police Department as to the exact location and times. Seconded
by Councilmember Ford, motion passed unanimously by voice vote.
Councilmember Kingrea moved to grant the request of Donna Dodson,
Director of the Eastern Shore Art Center requesting permission for the use of
Fairhope Avenue from Bancroft to Church and Section Street from De La Mare to
Magnolia Street for the 28th Annual Grand Festival of Art. The event is scheduled
for Saturday, October 16 and Sunday, October 17, 2010 from 10:00 a.m. to 5:00 p.m.;
and requesting the closure of streets at 5:00 p.m. on Friday, October 15, 2010. Also,
she is requesting to use the small area near the clock that the City owns for an
entertainment area or use the street (Section Street). Seconded by Councilmember
Quinn, motion passed unanimously by voice vote.
5470
23 August 2010
Councilmember Quinn moved to grant the request of Donna Dodson, Eastern
Shore Art Center requesting the City of Fairhope to waive security fees for the Grand
Festival of Art beginning at 5:00 p.m. on October 15 and ending at 5:00 p.m. on
October 17, 2010. The motion was seconded by Councilmember Kingrea.
Councilmember Quinn asked if the security fees were included in the budget. Chief
Press replied no and that it would cost approximately $2,800.00 for this event. Sherry
Sullivan mentioned that they pay for security at their event in March. After further
discussion, motion failed unanimously by voice vote.
City Council reviewed an application for a Restaurant Liquor License by
Douglas Kerr, as member of Dragonfly Productions, L.L.C., d/b/a Dragonfly Cafe,
located at 319 Fairhope Avenue, Fairhope, Alabama. Councilmember Kingrea
moved to approve the issuance of the license. Seconded by Councilmember Quinn,
motion passed unanimously by voice vote.
Councilmember Kingrea moved for final adoption of Ordinance No. 1433, an
Ordinance to amend Zoning Ordinance No. 1253. The Zoning Ordinance
Amendments: Article V Special Districts, Section G. Tourism -Resort District.
(Introduced at the August 9, 2010 City Council Meeting) Seconded by
Councilmember Ford, motion for final adoption passed unanimously by the following
votes: AYE - Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None.
Councilmember Ford moved for final adoption of Ordinance No. 1434, an
Ordinance to amend Zoning Ordinance No. 1253 requesting to zone the property of
Point Clear Partners, LLC to Tourism Resort (TR) District concurrent with
Annexation. This property is located off Battles Road and is commonly referred to as
"The Colony at the Grand," Fairhope, Alabama. Parcel contains 181.1 acres more or
less 05-46-09-30-0-000-078.002, 05-46-09-30-0-000-078.003, 05-46-09-30-0-000-
080.000, 05-46-09-30-0-000-081.000, 05-46-09-30-0-000-088.000, 05-46-09-30-0-
000-088.001, and 05-46-09-30-0-000-089.000. (Introduced at the August 9, 2010
City Council Meeting) The motion was seconded by Councilmember Kingrea.
Councilmember Ford stated this is a gated community and the City will not have to
keep up with the streets. Jonathan Smith, Planning & Building Director, responded
that is correct. Councilmember Quinn questioned the Tree Ordinance not having to
be followed and said trees add to the ambiance of Fairhope. Mr. Smith replied there
are some exemptions, but others are zoned to apply a 40 foot buffer, i.e. on Battles
Road. After further discussion, motion for final adoption passed by the following
voice votes: AYE - Stankoski, Mixon, Ford, and Kingrea. NAY — Quinn.
5471
23 August 2010
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Timothy M. Kant to execute an
Agreement between Point Clear Partners, LLC and the City of Fairhope regarding
prepayment of certain fees relating to future construction and development of the
Property containing approximately 181.1 acres. Seconded by Councilmember
Kingrea, motion passed by voice vote: AYE — Quinn, Mixon, Ford, and Kingrea.
NAY — None. ABSTAIN — Stankoski.
RESOLUTION NO. 1690-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute an Agreement between Point Clear Partners, LLC and the City of Fairhope
regarding prepayment of certain fees relating to future construction and development
of the Property containing approximately 181.1 acres.
Adopted on this 23rd day of August 2010
Attest:
isa A. arks, City Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution Authorizing Mayor Timothy M. Kant to execute
Settlement Agreement among Fairhope-Point Clear Association For Responsible
Development, Robert B. Callahan, Sr., District Seventeen Community Association,
Inc., City of Fairhope, Alabama, Barry Fulford, Point Clear Partners, LLC, and
Baldwin County, Alabama. Seconded by Councilmember Ford, motion passed by
voice vote: AYE — Quinn, Mixon, Ford, and Kingrea. NAY — None. ABSTAIN —
Stankoski.
Councilmember Kingrea asked; does this involve everyone in the lawsuit. City
Attorney Wynne replied yes it does and all others have signed the agreement.
5472
23 August 2010
RESOLUTION NO. 1691-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized
execute an Settlement Agreement among Fairhope-Point Clear Association For
Responsible Development, Robert B. Callahan, Sr., District Seventeen Community
Association, Inc., City of Fairhope, Alabama, Barry Fulford, Point Clear Partners,
LLC, and Baldwin County, Alabama..
Adopted on this 23rd day of August, 2010
Attest:
isa ,. Yariks, City Clerk
Hop Allen, 410 Miller Avenue, addressed the City Council and questioned the
annexation. He asked if this property is contiguous.
Walt Bolton of BES, Inc. addressed the City Council regarding the bid for the
Fairhope Municipal Stadium upgrades. Mr. Bolton mentioned he was told not to put
in engineering fees in the package; and asked who was responsible for changing the
report. He asked the Council and the Mayor recognize that we have better owned
small businesses and would like to do your work; and at least have a fair shot at
general contacting and/or A&E work.
Dan Ames, Purchasing Manager, responded to Mr. Bolton. Mr. Ames stated there
were two contracts; one for the engineer of record and one for the general contractor
we hired. We had to rebid for the general contractor. Public Works projects have a
different set of rules and regulations which we must follow. We put the bid out for
the parameters. We advertised and let bids for the construction based on that
budgetary amount.
5473
23 August 2010
Paul Ripp, 22985 High Ridge Road, addressed the City Council and
questioned politicians bidding on and doing jobs for the City. He stated this is Ethics
101. He stated you should rethink hiring politicians.
Debra Green, 415 Maple Street, addressed the City Council and asked; how
can only part of this property come into the City. This evening you approved the
final adoption of the Tourism District and then honored the request to rezone the
property of Point Clear Partners, LLC concurrent with annexation. The engine of this
is primarily the Grand Hotel. Ms. Green asked; is the Grand Hotel coming into the
City limits and if not; how can only part of the district come into the City limits.
Council President Mixon replied that the City met the legalities needed to approve
these two ordinances. Ms. Green asked to see the legalities. Council President
Mixon told her to get with Jonathan Smith on Tuesday and he would show her the
documents.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:20 p.m.
Lonnie L. Mixon, C uncil President
4AHarnks, 6ty Clerk