HomeMy WebLinkAbout11-22-2010 Regular Meeting5527
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, 22 November 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 Dr. Jerry Henry, pastor of First Baptist Church,
and the Pledge of Allegiance was recited. Council President Mixon asked if there
were any corrections to the minutes from the 8 November 2010, regular meeting.
Councilmember Quinn mentioned two changes: On the second page item number 1)
the last sentence should read "She asked about the e-mail address being used and
Council President Mixon didn't have the address." And item number 3) the last
sentence should read "We can use the figures for future building of sidewalks on
four -lane 98." Councilmember Quinn moved to amend the minutes from the 8
November 2010, regular meeting with the above changes. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote. Council
President Mixon then stated if there are no other corrections, the minutes stand
approved as amended.
Councilmember Kingrea addressed the City Council regarding "Where Do
We Stand" with the following issues:
1) Quail Creek Entrance — He noticed that the bricks had been removed and thanked the
City employees for doing this.
2) Organizational Chart — City Administrator Gregg Mims stated that the Personnel
Board is working on it and should be presented at the work session in January.
3) Nichols Street — The hearing has been postponed until March. Councilmember
Kingrea asked that the City take a hard nose position and not voluntarily reschedule. City
Attorney Wynne agreed to not postpone and further hearing dates.
4) Bluff sidewalks — He asked for Mayor Kant to explain his statement regarding the
bluff sidewalks. Mayor Kant replied that he would not authorize any sidewalks on the bluff
unless the City Council wants to put the sidewalks in.
Councilmember Stankoski addressed the City Council regarding the following
issues:
1) Quail Creek Property Owner's Association has asked for a status of the sidewalks
from the clubhouse around the curb. Mayor Kant replied that we do have a list for sidewalks
and will have to see after the first of the year if monies are available for sidewalks.
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22 November 2010
2) Skateboard Park and Grant and why $71,000 of grant funds was disallowed and
looking for transparency as to what happened. Mayor Kant replied since this was staff, he
took full responsibility of what happened. He stated back in June of 2008, we made some
changes and were not aware of some of the Federal requirements. We actually spent $48,000
of City monies, but if we had received the grant would have only spent $12,000 of City
monies. Working with Councilmember Quinn, we had the grant extended until June of next
year and plan on working to resolve this issue.
Councilmember Quinn addressed the City Council regarding the following
issues:
1) Boothe Bishop Road extension — City Administrator Mims reported that this project
was put on hold.
2) Meeting with the Fairhope Single Tax Corporation next week and will discuss the
sidewalks on Volanta from Section Street to Highway 98; and the sidewalks on North
Bayview.
Mayor Kant addressed the City Council and mentioned the Thanksgiving
Holidays; and said the Fairhope Volunteer Fire Department did an excellent job on
the fire in downtown Fairhope. The City of Daphne, Barnwell, and Summerdale Fire
Departments helped with this fire. The Tree Lighting Event was to promote tourism
and was a success. Mayor Kant also announced that the City of Fairhope's Water
Department received an award. Dan McCrory, Water and Sewer Superintendent,
stated that the Water Department for the fourth year has been recognized with the
Water Fluoridation Quality Award from the Center for Disease Control.
Council President Mixon announced that they needed to amend the agenda by
adding on the following item: a resolution authorizing Mayor Timothy M. Kant to
execute a Bid Evaluation Period Extension for Landscaping Services.
Councilmember Quinn moved to address the above mentioned item not on the
printed agenda. Seconded by Councilmember Stankoski, motion passed unanimously
by voice vote.
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Timothy M. Kant to
execute a Bid Evaluation Period Extension for Landscaping Services, Bid No. 023-10
with the City of Fairhope and Jubilee Landscaping, Inc. commencing November 29,
2010 and ending December 29, 2010. Seconded by Councilmember Ford, motion
passed unanimously by voice vote.
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22 November 2010
RESOLUTION NO. 1716-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Bid Evaluation Period Extension for Landscaping Services, Bid No. 023-
10, with the City of Fairhope and Jubilee Landscaping, Inc. commencing November
29, 2010 and ending December 29, 2010.
DULY ADOPTED THIS 22ND DAY OF NOVEMBER, 2010
Attest
isa A. an cs, ity ler c
Councilmember Quinn addressed the City Council and commented on the
transition that has been made in the past two years of this council. The first year we
struggled with the Strong Council/Weak Mayor transition. The second year we
struggled over finances and getting the budget in a better array. We all need to pull
together and work hard for the City. She hopes this Council and Mayor can learn to
be a kinder group can pull together and work together for the good of everybody.
Councilmember Rick Kingrea stated that the Fire Department did a fantastic
job with the downtown fire and wanted to reiterate what Mayor Kant stated regarding
the Fire Department. He will propose a resolution for all draft ordinances be placed
on the City website and copies will be available at the City Clerk's office for review
and/or copies. Councilmember Quinn asked for the proposed ordinances not to be
introduced until these are discussed at a work session. She also requested the Noise
Ordinance to be held over.
City Administrator Gregg Mims addressed the City Council and mentioned the
following items:
1) Fire Truck bid has been opened and should be on the next City Council agenda.
2) Grass Mowing bid also should be on the next agenda.
3) RFQ for the Engineering Services for the Water and Sewer Plant was opened last
week and this item should also be on the next agenda.
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22 November 2010
Public Participation:
1) Mark Polon, 464 Equality Avenue, addressed the City Council regarding
the Noise Ordinance and said there were two sections regarding live music and
enforcement he would discuss. Continuous noise is a concern and does it mean
continuously above the decibel level. Thirty second interval is not clear; and how
many times would it peak above the decibel level. He suggested the Council use the
ordinance from Destin or Orange Beach instead of Mobile.
2) Jim Horner, 117 Volanta Avenue, addressed the City Council regarding the
Noise Ordinance and said his main concern was the Special Events and Holidays
issue. No entity should be given carte blanche permission to turn on their amplified
music as loud as they as long as they want. The maximum levels should be enforced
at all times without exception. He asked them to explore the language in the
ordinance and make it clearer.
3) Doug Kennedy, 121 Volanta Avenue, addressed the City Council regarding
the Noise Ordinance. Our specific complaint is against the loud amplified music
heard inside our house. This music is three to four hours up to two to three nights per
week. The ordinance is not being enforced. 85 decibels is too high and no exceptions
should be allowed for Special Events.
4) Paulette Fedor, 104 Cliff Drive, addressed the City Council regarding the
Noise Ordinance. She agreed to put the proposed ordinance on the website and
suggested to have more hearings on the ordinance. She stated we should reduce the
decibels to 65 and only have the loud music allowed on Friday and Saturday. We
should put restrictions from Sunday through Thursday. Planning and Zoning should
be looked at because we butted up business districts with residential districts. We
should reduce the 25 feet to only 15 feet from the property line. Special events need
to be looked into too. We have nationally advertised the City as a charming quiet
Southern town and depending how we approach this ordinance, we could change the
whole ambiance of the City.
Councilmember Ford moved to appoint Robert Keyser to fill the vacancy of
Hank Mullins and complete the five-year term which expires in May 2014. Seconded
by Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing the sponsorship of an Alabama
Department of Transportation "2011 Safe Routes to School Program." Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
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22 November 2010
RESOLUTION NO. 1717-10
AUTHORIZING THE SPONSORSHIP OF AN ALABAMA DEPARTMENT OF
TRANSPORTATION "2011 SAFE ROUTES TO SCHOOL PROGRAM"
APPLICATION FOR CONSTRUCTION OF SIDEWALKS IN THE
CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA
WHEREAS, there is a need for the construction of new sidewalks near the Fairhope
Elementary School located at 408 North Section Street to aid children in walking and
biking to school; and
WHEREAS, there is grant funding available for said activity through the FY 2011
Safe Routes to Schools Program administered through the Alabama Department of
Transportation (ALDOT); and
WHEREAS, if funded, the grant will pay 100% of the construction costs for the new
sidewalks and BES, Inc. of Fairhope has prepared preliminary plans and a cost
estimate for the project at no charge; and
WHEREAS, the proposed scope of work will include the construction of 4,610 linear
feet of new sidewalk along Jan Drive, Patlynn Drive, Fairwood Boulevard, and
Bayou Drive, including crosswalks and the estimated cost is $145,851.00; and
WHEREAS, the City's Public Works Department will provide oversight of the
project, if funded; and
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, ALABAMA, IN REGULAR SESSION ASSEMBLED, that
by this Resolution the City of Fairhope authorizes submission of a FY 2011 Safe
Routes to Schools Program Grant Application to ALDOT requesting funds
$145,851.00 in grant funds to construct new sidewalks within the limits of the City of
Fairhope.
DULY ADOPTED THIS 22ND DAY OF NOVEMBER, 2010
:. Kan , Mayor
Attest:
4AaAs, ity Clerk
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22 November 2010
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution requesting a "Hold Over" for the Manley Road
Property Lease from April 1, 2011 until November 30, 2011. Seconded by
Councilmember Kingrea, motion passed unanimously by voice vote.
RESOLUTION NO. 1718-10
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 on February 23,
2010 to Lease Manley Road Property for (Bid Number 006-10) at 555 South Section
Street in the City of Fairhope offices, Fairhope, Alabama.
[2] That the City of Fairhope did execute a lease on March 29, 2010, with Fairhope
Dairy. To fit crop growing and harvesting cycles, the Lessee now requests a "Hold
Over" to the lease from April 1, 2011 until November 30, 2011. At that time, the
lease will be concluded.
[3] Fairhope Dairy will pay the City of Fairhope at the beginning of the "Hold Over"
a sum of $1,534.00 for the "Hold Over" extension.
Adopted and Approves on this 22nd day of November, 2010
Attest:
is4Aanks, City Clerk
Councilmember Kingrea moved for final adoption of an Ordinance
establishing the City of Fairhope's Noise Ordinance which replaces and repeals
Ordinance No. 554, Ordinance No. 1100, Ordinance No. 1401, and Ordinance No.
1424. (Introduced at the November 8, 2010 City Council Meeting) The motion was
seconded by Councilmember Stankoski. Councilmember Quinn said there were a
few issues that needed to be tweaked and would like to see it wait for two weeks.
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22 November 2010
City Attorney Wynne stated there was a motion on the floor, but it could be held over
for two weeks. If there are no objections, Council President Mixon stated this
ordinance will be held over until the December 13, 2010 City Council meeting.
Council President Mixon announced that Item #11 has been pulled for further
review.
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:35 p.m.
Lonnie L. Mixon, Co ncil President
Lisa A. H nks, CMC
City Clerk