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HomeMy WebLinkAbout12-13-2010 Regular Meeting5534 STATE OF ALABAMA X COUNTY OF BALDWIN X 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, 13 December 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 David Stookey, Pastor of Fairhope Community Church, and the Pledge of Allegiance was recited. Council President Mixon asked if there were any corrections to the minutes from the 22 November 2010, regular meeting. He then stated if there are no corrections, the minutes stand approved as written. Council President Mixon then asked if there were any corrections to the minutes from the 22 November 2010, work session. He then stated if there are no corrections, the minutes stand approved as written. Councilmember Kingrea moved to address the following item not on the printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Council President Mixon opened the floor for Council President nominations: Councilmember Quinn nominated Mike Ford for Council President for the following reasons: past time for new Council President and this year we need to work on building relationships and sense of community. Mike Ford has been a City Councilmember over 26 years and it is time for him to lead us in this effort. Councilmember Kingrea nominated Lonnie Mixon for Council President and no other nominations were made. The floor for nominations was then closed. Lonnie Mixon was voted by the Councilmembers as Council President by the following vote: All in Favor for Mike Ford as the Council President: AYE - Quinn and Ford. NAY — Stankoski, Mixon, and Kingrea. All in Favor of Lonnie Mixon as the Council President: AYE - Stankoski, Mixon, and Kingrea. NAY — Quinn and Ford. The floor was then opened for Council President Pro Tempore nominations: Councilmember Kingrea nominated Dan Stankoski and no other nominations were made. The floor for nominations was then closed. Dan Stankoski was voted by the Councilmembers as Council President Pro Tempore by the following voice votes: AYE — Quinn, Mixon, Ford, and Kingrea. NAY — None. ABSTAIN — Stankoski. 5535 13 December 2010 Councilmember Kingrea addressed the City Council regarding "Where Do We Stand" with the following issues: 1) Nichols Street — The lumber was removed due to the pending the decision of the Judge. 2) Trinity Presbyterian Church home on 26 Orange Street — Numerous calls regarding home being a homeless shelter or half -way house. This is a transitional home for families who have been homeless, but are working to establish another home. This will be a four to six months transitional period. Councilmember Quinn addressed the City Council regarding the following issues: 1) 26 Orange Street Home — She agreed with Councilmember Kingrea with the need to help these families. As long as they follow whatever needs to be done, there is nothing the City Council can do because this property is in the right district and zoning. 2) Boothe Bishop Road extension — Met with Fairhope Single Tax and spoke with County Commissioner Bob James. The right-of-way has not been cleared and there are three trees that the County thinks need to be removed which will be a sensitive issue. 3) Recycling during the Holidays — Jennifer Fidler stated that there would be no pick up on December 23 and 24, 2010. Friday's pickup on December 31, 2010, will be moved to Wednesday, December 29, 2010. Mayor Kant addressed the City Council and regarding the following issues: 1) Christmas Holidays — He told everyone Merry Christmas. 2) Dan McCrory accident was mentioned, but he is doing okay. 3) Outsourcing Mowing — Not one citizen has stated we need to outsource. He spoke to County Commissioner Frank Burt regarding the County's services contracted out; if after hours it is hard to contact business. We invest a lot of money in our crews: all are CPR certified trained for chainsaw use, and have Commercial Drivers Licenses (CDLs). The employees are considered "Essential Employees" and do not evacuate for Hurricanes or storms. They also fill in for all of the sick time and vacation time for other employees. This will be $100,000 savings if we contract mowing. He also mentioned having a major problem with foreign employees replacing City employees. We should take care of our own citizens first. 5536 13 December 2010 Councilmember Quinn addressed the City Council and mentioned the following items: 1) Notice from AMEA regarding an increase in the rate by 8.8% and the gas rate may be going down. She stated the City Council needs to decide if we are going to pass this along to the citizens of Fairhope or not. 2) Recycling — She mentioned Gulf Shores going to "Single Stream Recycling" and suggested Jennifer Fidler looking into this for Fairhope. Councilmember Stankoski addressed the City Council and mentioned the following items: 1) British Petroleum may owe the Federal Government billions of dollars under the Clean Water Act and the Natural Resources Damage Assessment. As a Councilmember on the Fairhope Airport Authority and the Fairhope Economic and Industrial Development Board, he reported proactive measures taken by both boards. Governor Riley appointed the Coastal Recovery Committee to examine the impact of the oil spill. Then, the Infrastructure Subcommittee was formed to submit a report to identify proposals and projects to benefit coastal Alabama both environmentally and economically. Both boards submitted project identification templates to be attached to this report. The Fairhope Airport Authority requested $5.3 million for a 4,000 square foot general aviation terminal and for the construction of a 15,000 square foot aeronautical vocational training center in partnership with the Baldwin County Board of Education and a two-year college system. The Fairhope Economic and Industrial Board requested $4.9 million to develop an aeronautical based industrial park. Both of these projects would be economic engines for Baldwin County. Council President Mixon asked Chuck Zunk, Chairman of the Financial Advisory Committee, to respond to Councilmember Quinn's question regarding the increase in the electric rate. The City Council passed an ordinance which the City set a rate for basic services which would cover the contribution of the City to the General Fund; and to cover operating requirements and capital requirements of the Electric Department. Any other fees for power that come from AMEA in the form of a rate change would be passed on directly to the customer as an adjustment. 5537 13 December 2010 City Administrator Gregg Mims addressed the City Council and mentioned the following items: 1) Agenda Item number 12 and number 13 were explained as being part of an ALDOT grant for sidewalks. This was the Grading and/or Landscaping Agreement of the State's right-of-way as well as the Cooperative Agreement for maintaining the sidewalks once complete. 2) Electric Department — Scott Sligh, Electric Department Superintendent, gave a brief update on the traffic lights being replaced by the new LED lights. This was a grant through the Department of Energy for reduction of energy. He gave an example of two intersections alone would have a savings of approximately $1,800 per year. He also mentioned that the caution lights are saving energy. The department is working nights to switch out these lights. Mr. Sligh briefly mentioned dark sky friendly lights which have less glare and spill over than other lights. Public Participation: 1) Paulette Fedor, 104 Cliff Drive, addressed the City Council regarding the Noise Ordinance and said that proposed ordinances need to be posted on the website. She suggested changing the warnings to only one warning and eliminating special events. She questioned whether or not crime would increase or if the ordinance would increase the workload of the Police Department. All entertainment should be indoors. She asked the City Council to reconsider this ordinance and take into consideration citizens comments; and do not turn Fairhope into "Mobile." 2) Jim Horner, 117 Volanta Avenue, addressed the City Council regarding the Noise Ordinance and mentioned the Fly Creek Cafe new management. We are residential neighborhoods into which Fly Creek chose to locate. These interfaces between businesses and residential owners exist throughout the City. Various subdivisions are in close proximity to businesses. Mr. Horner stated the main issue with the ordinance is enforcement. Mr. Horner and wife called 17 times regarding noise and 6 times had to make multiple phone calls. After these calls, there has been no citation. There was a special event permit approved that violated almost every step of the permit process. Mr. Horner stated he was not against businesses playing music and playing it at a reasonable level. 3) Catherine Cromartie, 506 Trace Crossing, addressed the City Council regarding the Noise Ordinance and mentioned the concern with this ordinance was the special events. She questioned who would be responsible for notifying the residents of these special events and puts some undue restraints on businesses. We want to do what is right, but feel there are some restrictions that inhibit them from continuing business as we have done for many years. 5538 13 December 2010 4) Michael Lucci, 22450 Scenic Highway 98, addressed the City Council regarding the Noise Ordinance and said the Special Events Section is a loop hole in the ordinance. A business owner can frequently plan an event and disturb my neighborhood. 5) Jason McCormick, attorney representing Tricia Niemeyer and Fly Creek Cafe, addressed the City Council regarding the Noise Ordinance. The present noise ordinance adopted is unenforceable and unconstitutional. He stated the new ordinance needs to be objective and constitutional. The Special Events Section only has two permits available for events in 365 days and two events would not be enough to handle just the Mardi Gras events in Fairhope. 6) Sam Crosby, attorney representing Tricia Niemeyer and Fly Creek Cafe, addressed the City Council regarding the Noise Ordinance. He said there are wonderful people on both sides if this issue. His firm represents two municipalities in Baldwin County, so we regularly deal with issues involving municipal ordinances. The Alabama League of Municipalities distributes and recommends the Mobile Ordinance. This model ordinance has been tested constitutionally, is enforceable, and is fair to businesses and citizens. It has objective standards in terms of decibel limits. He said the City Council should adopt Mobile's ordinance verbatim. 7) Scott Jackson, Environmental Consultant speaking on behalf of Fly Creek Cafe, addressed the City Council regarding the Noise Ordinance and stated his main concern with the proposed ordinance is the 50 db(a) anytime day or night. This is problematic because background levels are lower at night and 50 db(a) is extremely low at anytime, especially during daytime hours. 8) Reg Patterson, 6066 Nelson Road, addressed the City Council regarding the Noise Ordinance. Mr. Patterson said he retired from Birmingham to Fairhope and is also an investor who develops property. Fairhope is Americana at its best and Norman Rockwell would love this picture. He mentioned there was nothing else to do in Fairhope, at night time, except going out to dinner. Mr. Patterson also stated he was at Fly Creek Cafe one night when the Police showed up when the band was playing and thought this was a normal sound to him. He drove around the resident side on the dirt road and the music was modest; but on Volanta near the Yacht Club he could not hear the music. 9) Dan Nuttle, 10301 Windmill Road, addressed the City Council regarding the Resolution for Landscaping Services and echoed Mayor Kant's sentiments of the City employees. He said don't give up one of the strongest asset of the City. The problem he has seen with outsourcing is once you outsource, you can't get back to where you started from. He urged the City Council to contact the citizens who have lived with both City services and outsourced services and see what their opinions. 5539 13 December 2010 10) Paul Ripp, 22985 High Ridge Road, addressed the City Council regarding Agenda Item #11, #15, and #16. Mr. Ripp stated he agreed with the outsourcing and savings would be under $100,000. Public participation has been wrecked through the Planning & Zoning and City Council for the last two or three years. It is limited to three minutes and supposed to stay to an agenda item. He reminded the Council that they penalized Shell Brook Point over $100,000 for violations and did not penalize Publix and Corte for violations. Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for Material Handling Truck for the Electric Department (Bid No. 003-11). Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1719-10 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 Material Handler Truck for the Electric Department (Bid Number 003-11) 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 Material Handler Truck for the Electrical Department [3] After evaluating the bid proposals with the required bid specifications, Altec Industries, Inc., with the total bid proposal of $165,653.00, is now awarded the bid for Material Handler Truck for the Electric Department. Adopted on this 13th day of December, 2010 Attest: Lisa Hanks, City Clerk 5540 13 December 2010 ® Q) CITY OF PAIRHOPE BID TABULATION RECOMMENDATION BID NO: 00]•11 BID NAME: M&WW NMnW er Truck BID OPENED: N...b. 24. 2010 Nob: Bd Bad wOnd. ©------- RKom orldnion: Awed kid to Abc Ir"Irin, W. To Iw Wd d in/ kM Wph is s M ordwoo* bidW W" la1 11 .00 ''ww AA Scut Slgk, RE OONW P. Am, Pwdm gMwm00r -_-- Councilmember Kingrea introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for Fire Truck Outfitted for the Fire Department (Bid No. 004-11). Seconded by Councilmember Ford, motion passed unanimously by voice vote. 5541 13 December 2010 RESOLUTION NO.1720-10 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 Fire Truck Outfitted for the Fire Department (Bid Number 004-11) 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 Fire Truck Outfitted for the Fire Department [3] After evaluating the bid proposals with the required bid specifications, Sunbelt Fire Apparatus, with the total bid proposal of $389,874.00, is now awarded the bid for Fire Truck Outfitted for the Fire Department. Adopted on this 13th day of December, 2010 Attest: Lisa A. Hai cs, 6ty Clerk 5542 13 December 2010 L CITY OF FAIRHOPE BID TABULATION AAND RECOMMENDATION BID NAME: FIRE TRUCK OUTFITTED BID NO: 0D4-11 BID OPENED: November 17, 2D10 Note: Bid Bond waived. 3S• J Bid Proposal Delivery Executed 1 Signed / lead Bidice Bid meets Notarized imeARO eVENDOR DrrU Manufacturer Model Specifications SUNBELT FIRE APPARATUS YES 180 Days $389,874.00 E-ONE CAR48-TyDhoon YES see note 2 PRO FIRE EQUIPMENT, I.I.C. YES 225 Da s $380,954.00 Pierce MFG. Saber NO -sea. t NAFECO No Bid No Bid No Bid No Bid No Bid No Bid HERITAGE FIRE EQUIPMENT No Res nse No Response No Response No Response o Response No Response FERRARA FIRE APPARATUS, INC No Response No Response. No Response No Response No Response No Response FIRE APPARATUS No Res s se No Res onse No Re nse No Res onse No Res nse PIERCE MANUFACTURING, INC No Response No Response No Response No Response No Response No Response PRO FIRE APPARATUS No Res nse No Res nse No Res se No Res nse Na Res nse No Res nse NOTE 1: a.The Pierce vehicle proposed includes a side mount pump panel which does not allow operator view of entire fire scene. b.The Pierce vehicle proposed is not equipped with the required roll over protection. NOTE 2: Sunbelt Fire Apparatus is located within Fairhope's city limits, therfore, the 3% local vendor allowance by State Law applies. Recommendation: Award bid to Sunbelt Fire Apparatus, for their bid of $389,874.00 J ceno, Fire Chief Two bust aft my knowledge this is a true and accurate bid tabulation Daniel P. Ames, Purchasing Manager Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution to purchase a Ford F-150 Truck for the Police Department. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. 5543 13 December 2010 RESOLUTION NO. 1721-10 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1 ] That the City of Fairhope has voted to purchase a Truck for the Police Department and the type of vehicle needed is on the Alabama State Department of Purchasing bid list and therefore does not have to be let out for bid; and [2] The following is the Alabama State Department of Purchasing contract information: Bid Number: T191 2011 Ford F-150 Pickup Truck Contract Number: 4011411 Total Cost is $21,652.00 each Adopted on this 13th day of December, 2010 ( \,—, J�cz:s' M. K nt. Ma or Attest: - A 11"- isa A. s, City Clerk Councilmember Kingrea introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for Three Year Lease for a Backhoe for the Water Department (Bid No. 002-11). Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 5544 13 December 2010 RESOLUTION NO. 1722-10 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 a Three Year Lease for a Backhoe for the Fairhope Water Department (Bid Number 002-11) 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 Three Year Lease for a Backhoe for the Water Department [3] After evaluating the bid proposals with the required bid specifications, Thompson Tractor Company, Inc., with the total bid proposal of $93,108.90, is now awarded the bid for Three Year Lease for a Backhoe for the Water Department Adopted on this 13th day of December, 2010 Attest: is4A.anits: ity Clerk 5545 13 December 2010 riO wuF: E0.CIBIOE IEASE __._I 'ICC/Flt�: NpMbr II, NN 1ENu ,I Y: W kMrrwL .. dtl Agora I IMw;ddm AOOOYd I SVWt! DW"w IaWA , YEIO �INNgdoO TnOluCwpoT,RK.__._! _. ,Yp T._1_--L__ Y. ,TnO1YlfgidpwdntCapNE � � Yn ~f-70� No .Mud flt�NwfanW7_Ya01L +.. _. Wad— _Kt Y! i WN iMdnlEpJpYn�Cppdm��nndbOoy .. 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NoR-"i"--LNo�---N° �� NORupaw NO Rrponr pnpa�w I � NoRa�anr Nd WR NO NO RppaN .No NO RO" _NORORmu_ NO Rnd�mdd NORwpa�ir--N"R��_N^RO__M. I No geOpaw _ NORYpaw No0.�uw Ne�TI NO H�yww _NURMN_^� .. IY Rp pair. RO R Ib Ruppw—} No RY .. emr No WREpm MORR'yu-,_No Rnpuw�_._NO 'b NOO�m�No RNpa7Y R NO ENO RO I NO ROOpmw_� RaPo"M_.. -. NO Bi! No Bd wld`—Ib Bd __. ..ryO gd .qOB Ta Eyb4WI NV-WW'70/y1/�I.G—Alid YYYbn ONYR.A—hOAft* pu Councilmember Quinn moved to amend the resolution to award bid for Landscaping Services for the Public Works Department by reducing the total bid proposal from $106,752.00 to $106,153.97. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution as amended, a resolution to award bid for Landscaping Services for the Public Works Department (Bid No. 023-10). The motion was seconded by Councilmember Kingrea. 5546 13 December 2010 Mayor Kant stated that he did not recommend the outsourcing of the City's mowing. Councilmember Ford said he did not approve of the outsourcing and we are just saving a few bucks. If there is a problem in the City, we call our people and they will be there. Years ago we outsourced trash and ended up taking back after complaints. Councilmember Ford said we have employees that are dedicated to the City, we have $13 million in the bank, and it is working right now. Councilmember Stankoski asked; how much are we going to save. Jennifer Fidler, Public Works Director, replied the savings will be around $100,000 per year. She mentioned not having the people to keep services as they are and it is all about details. Councilmember Stankoski replied the four employees are going to the Sanitation Department, so you won't be losing those employees. You will still have the Commercial Driver Licenses, the CPR training, and the Chain Saw training because these employees are not going anywhere. Councilmember Kingrea stated if you outsource mowing, the four employees are still in your department. You still have the expertise in your department. We can try a year and see if it works or does not work. Ms. Fidler said she has 55 employees budgeted for this year, but next year only 51 employees will be budgeted. Arthur Bosarge, Assistant Public Works Director, said that in the winter time these employees pull flowers, fill potholes, help with street crews, help catch up other departments in Public Works, etc. Once they are moved to the Sanitation Department, we cannot use them to help in winter time. Mayor Kant stated we need four to five part-time people to train to fill in. Councilmember Ford mentioned these are the people who know the department and we put our faith in them. Councilmember Quinn said these people are not mowing for two months out of the year. She suggested possibly using retirees to help with catch up work and trying the outsourcing for a year. After further discussion, motion passed by the following voice votes: AYE — Quinn, Mixon, and Kingrea. NAY — Stankoski and Ford. 5547 13 December 2010 RESOLUTION NO. 1723-10 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 Landscaping Services for the Public Works Department (Bid Number 023-10) 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 Landscaping Services for the Public Works Department [3] After evaluating the bid proposals with the required bid specifications, Jubilee Landscape, Inc., with the total bid proposal of $106,153.97, is now awarded the bid for Landscaping Services for the Public Works Department. Adopted on this 13th day of December, 2010 Attest: i4AHanks, City Clerk 5548 13 December 2010 BID TABULATION sM RECOMMENDATION REVISED BID NO.: 023_10 BID NAME: LANDSCAPING SERVICES BID OPENED: 10-20.10 VENDOR Non-Collu3lan S lalemenl Sig— N0Wa d Bkl FMPoeal E-e I Slpned I Nool2ed Delivery Wetl llme ARO IneWcOane ISpecMcalbn Com lane Location: 3A Location: 3.2 LOcallon: 3.3 Location: 3.4 Jim RIIW Lalttlaupinp NO RESPONSE MMIW—Lanbca NO RESPONSE Jubilee Lantlsta Inc YES YES NIA f 1662.00 f 3,326.00 f 69.00 f 33.00 G—nw NO RESPONSE INS conettuclion LLC NO RESPONSE Tto an Landaca,Inc NO RESPONSE Jubllse —d—pe Mans OM NO RESPONSE _ UnUaca W,,k,hop NO RESPONSE Falknst LarMsu NO RESPONSE GT "aids NO RESPONSE Chds Ftancle Landsca NO RCSPONSE Coastal E.P..... LanMca CompanyC—pany LLC NO RESPONSE NO RESPONSE Cw l Woodland Landaca a NO RESPONSE East Bs landaca a NOR ON E Summit La"d Supply NO RESPONSE CITY OF FAIRHOPE BID TABULATION and RECOMMENDATION REVISED BID NO.: 02-0 BID NAME: LANDSCAPING SERVICES BID OPENED: 10 20.10 Jkn Rt1W Lendacapl� NO RESPONSE MaNnMn Landece p.n, NO RESPONSE Jubllr Lantlaeape Ino 6143.00 6 32.00 6 39.00 6 212A0 6 176.00 6 26T.00 6 ttt.00 6 16t.00 Greened NO RESPONSE _ IN_f_coneWctbn LLC NO RESPONSE L T L d—M Inc NO RESPONSE Jubllee LenOacape Meneoem NO RESPONSE Lantleea�pe WOM1eIIOp NO RESPONSE P6lkner L6lMEce a NO RESPONSE OT Landeca� NO RESPONSE -_ lChd—e —n le Laneece NO RESPONSE -- —I ff.—a NO RESPONSE Lendace Cam en LLC NO RESPONSE _ —_--_ COee1M Woodland Landa<a NO RESPONSE East Bs2 YMw_p_ _ NO SPONSE Lantlec.e Supp1Y NO RESPONSE _ ``6ummN 5549 13 December 2010 CITY OF FAIRNOPE BID TABULATNDN - RECOMMENDATION REVISED RID NO. - 023-10 RID OPENED: -2 -10 r Bid Baa weNea. __ i --_1pcatWn: ].x1 LocHlon: 3.32 LxWpn: 3.33 Loc•tlon: ].xM LocW2.71•tlpn : ]�.xa ILoc.tlw:3.1r LVENDOR rFJlm Rllb land«.piny _ NO RgnPONSE L•1M taping_ Ju V_!M.c•p• NO RESPONSE -- - --11 - -' 41JIa •npt.x s ?t_0{ _. $ x•AO -$ Ta.00 s 2-o __- ao s '1]M.00 Or••nc NOR SPONSE _.___ ___ --_ i cw•muctlpn. LLC _ L Ng RESPONSE _ _ _Land�[�M In_ JubIIN Land•uw M•n.o• N(gRESPONSE NO RESPONSE _ dN«• Work• NO RESPONSE _ I •r L•nd•wp• kn NO RESPON E OT L•Wu _ CCI�r1. Fr�nPl. Land•p.P. NO RESPONSE _ --- _ _ - _ - _ - NO RESP NSE _ __ -- C-I E.po•u«. L.nd.w_p•Comp•nv LLC NO ESP ... NO RESPONSE _. r Cw•LI WpodWrM L•nE•c•w NO REBPONSE E•NB•�L�nd•c•w BummX NO RESQ SE � _ L .w_p� 8_ pph NO RESPONSE _ CITY OF FAIRNOPE BID TABULATION aW RECOMMENDATION REVISED BID NO. WS-10 BID NAME: LANDSCAPING SERVICES BID OPENED: IO-x410 A. NNW L•W[•pini NO RESPONSE WRInMn LNd•Npiny NO RESPONSE JubI1N L•W:ca« Inc -- f - 'L - 1 rl N - _3f _. 3rAo .00 Or••nco Nnw.x NO RESPONSE ..-2 «wt•x NnM•] ••wbx Nna•x «na•x Nna•x NM aaubuctiuna LLC_ NO RESPONSE ., TEN..L•We•Qylnc NO REBPoN E JpXNN L•Wuw Wnw•m•rd NO RESPONSE - C= lMWuw Wark• NO RESPONSE F•Ik.., NO RE N E OT� NO RESPONSE CMW FnrNl• -d-.M NO RESPONSE -- Cw•WI Eap«un• NO RESPONSE _ _ cps Can Py LLC _ _ NOR SPONSE C-WI Wwdl•W L•Wu • IND RESPONSE Ea•l M L•nMc• NO RESPONSE bummll L•ntl•caE.lupply_ NO RESPONSE 5550 13 December 2010 Cl— OF FAIRHOPE BID TABULATION a1W RECOMMENDATION REVISED BID NO. O3}IO BID NAME: UN OSCAPING SERVICES BID OPENED1E-xp-IE FrJim RIIIE L.nO•c.p1n9_ NO RESPONSE NO RESPONSE M•Nnbn LanAoe�n _ JubaM•up•. Inc 214,PQ jo,ga1 2]JIO 33.0E __ p • a _ NO_LEPONSE nodr a _nob a _.- — 3 _ NS aen._b_ue_Oon LLC _ NO RESPONSE _ --- L LaMauw.lnc NOS_ RPON6 — — JubI1N LanE _ ppMin• •m N_RPONSE UnA_�.-WwM•bP WO —RESPONSE F•IM_nx--p• NORESPONSE NOR-SPON OT Lan�E�.�. — CN�a-11 NO RESPONS --- - C--Eapp• — L NO RF-36_ _ LaM•c• CpmW_n�LLC —_ NO RESPONSE Co••bl Woo_tllpnJ unG•c� NO REBP N_ E••t B� 4na•�_ -- NO RESPONSE Summn lanA•c•w 6�pY EE� NO REfi PONES CRY OF FAIRHOPE BID TABULATION an0 RECOMMENDATION REVISED BID NO. 03}� 0 BID NAME: UNDSCAPING SERVICES BID OPENED'. t0-3F10 Locatlon: ].M L.R Loutlpn: S.M Location: ].46 LocalkW: ]AT LOutlon: ].Y ,LOcatlon: ].4f Locatlpn: ].MI Jlm RINe LaM•upin0 NO RESPONS bn LaMaupin0 NO RESPONSE r— b Lantl•capf lnc — • nob ,.,.., - f 2M.00- -- J_ 3 _ 31A w Iql• a nob 3 • neM a w not. a --- •• nol� f-- _ -- - NO RESPONSE INS— LLC Ng RESPVNSE — Tcolan IAM �Pylne NO RESPONSE Jubllw LaM•caw Man•Q m•nl _ Lanp•ca WONuboy LSP EChda FI—W LanO•ca EC -a l Eap — ,E INO 1.•M_•up•Cpmpm LLC RFS NSE GwsW WoodbM L•n_n•eapa NORESPONSE E-tft L•M•c. NORESPONSE SS—W La—M•—u • Supply— NO RESPONSE 5551 13 December 2010 CITY OF FAIRHOPE ABUTATION and RECOMMENDATION REVISED 01D NO.. ox3-10 BIO NAM[ lANO3CAPING SERVICES Rlllo L•M•wp_Iny __ N —RESPONSE _ _ — N•�Jlm qny_ -- _ NOn bP E --1ot0o. «Lna Inc .. �P.N I�_ p. " aw n•Y x .« nw 3 f __•.oY .« wt• x t ataoo ••• net• ] t a.00 t _._ uoo •w nal• x 1 t)oo. •w neY x .. {._ aces. .« noY x __ — INs c�en.dN•dw, LLC _ NO RESPONSE RESPONSE T .InsNO Jubllw LanJ•c•w a UM•c� WorkahOP NO RESPONSE NO RESPONSE -- _ Ikn=l�nG.c•w L — NO Rmpp..t — OT I--" NO RESPONSE laM•wq No.— Cw•YI E•po•urw NO RESPONSE LanaaugCumP,nyLLC _ Cw.YlWootllnML•nJ•wQ"_. Ng RESPONSE— — NO n&ISPONSE E•at My lanaacaw NO RESPONSE _— a.mma L•na�wp SR I n!_a_ NaE - — _ CITY OF FAIRHOPE BID TABULATION aM RECOMMENDATION REVISED BID NO.: 02}10 BIO NAME: LANDSCAPING SERVICES BID OPENED: 10.2-0 NobBM Bona w.NW_ Lwatlon: ].a9 �atlon: ].1T Locatlon: ].61 �Lx•tlon: ].TO Lxadon: 3.71 LMatlon: 7.12 Loeadon: ].lJ L-Mi on: ].Ta Jlm Rllle Laneaeapinp NO RESPONSE MartlnYr• LanAscpinq C- - NO RESPONSE �JOubIIN4-W_ Z Woo NO RESPONSE a.0 wawx G.00 oN nplZ s 9. npY x �b].01. x noa31 I wof0a j7.0 nox INS co —bon, LLC NO RESPONSE Trv_fa_n L_anAaeaw, Inc __ C_ NO RESPONSE JuMIN LaMawpa M�na�arrlLnl NO RESPONSE — r—�� Worksho0 NO RESPONSE _— Fall—, L_andecLandew� NO RESPONSE OT L.Iwl. �. NO RESPONSE__ OM1rY FnncY LUMacaw NO RESPONSE _ CwaYl EApwuna Compmy LLC NO RESPONSE NO RESPONSE . ,—q CwaYl WpotllanA unasc.w NO RESPONSE NO RESPONSE EaaISaYLaMaeaPa Summd LwnAsupF Suyply NO RESPONSE _ 5552 13 December 2010 �_ — OT LaMacap -- OE SPONSE Cbrfa Fre M-"ntlacaps NO RESPONSE Coastal Eapoe— NO RESPONSE Lsndseape Compsny. LLC NO RESPONSE Ll WoodMM Landacspe NO RESPONSE East Bev Lantlsuw NO RESPONSE _ _ Summit Lantlaeape supply_ NO RESPONSE NOTE 1'. Raoammandawn baba gldude, area, nd gated Indlvld ally above, calculated by wing hourly bld amounts. Ana 1 Gays A- between N. section St. and Patlynn St, 3 1,6]2y,. Area 2 Faldrope A..baN.een Hwy 161 and RNer Mig $2,160tyr. Area 3 Hwy 101 beN+Nn secton St. ar. Hwy a6 31 a]eyr. NOTE 2. Ara,. be malnttained by City Forces NOTE 3 Artn h—Ing b ba performed by Chy F—a (w the lollowing areas. Prine b be reduced a, fdbaa. 3.16: (539.3"ear) 3.17=(5155 6]ysar) 3.20e(324.06yeer) 3.26.($3T. 1pyeer) 3.62•($43].53y 2 Totalyearlyredudbn'. $664.—year Recommendatlon: Award b UBILFE LANDSCAPE, INC for NNry7Q�Mh nee. n4ue1 Q0:7.11 C Jenni,;PTe ,b6r�a aDifMdor To Ne/— &of my k—dpe We ie a bue and arson. bid labula6on Daniel P. Arnae, Purchuing Msnaper Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to enter into an agreement with the Alabama Department of Transportation for the grading and/or landscaping of State Right -of -Way located and described: Construct a 6' wide concrete sidewalk along the East side of U. S. Highway 98 from Spring Run Road to Southland Boulevard in Fairhope, Alabama. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. 5553 13 December 2010 RESOLUTION NO. 1724-10 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: 1. WHEREAS, the City of Fairhope, Alabama enter into an agreement with the Alabama Department of Transportation, acting by and through its Transportation Director hereinafter referred to as the STATE for: The grading and/or landscaping STATE Right -of -Way located and described as follows: Construct a 6' wide concrete sidewalk along the East side of U. S. Highway 98 from Spring Run Road to Southland Boulevard in the City of Fairhope. Construction to include installation of pedestrian cross walks and necessary storm drainage culverts. 2. WHEREAS, the agreement shall be executed in the name of the City of Fairhope, by its Mayor Timothy M. Kant, for and on its behalf. 3. WHEREAS, the agreement shall be attested by the City Clerk Lisa A. Hanks, and the seal of the City of Fairhope affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the Agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 13th day of December, 2010. Attest: 4k� - Z vs, City Clerk Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to enter into an agreement with the Alabama Department of Transportation for the Cooperative Maintenance of State Right -of -Way to secure a more efficient and safe traffic flow within the city limits of Fairhope, Alabama along Route U. S. Highway 98 and agrees to maintain the existing sidewalk from milepost 46.3 to 47.75. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 5554 13 December 2010 RESOLUTION NO. 1725-10 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: 1. WHEREAS, the City of Fairhope, Alabama, enters into an agreement with the Alabama Department of Transportation, acting by and through its Transportation Director hereinafter referred to as the STATE for: The Cooperative Maintenance of public right-of-way to secure a more efficient and safe traffic flow within the city limits of Fairhope, Alabama along Route U. S. Highway 98 (Greeno Road), the City of Fairhope agrees to maintain the existing sidewalk in the state right-of-way from milepost 46.3 to 47.75. 2. WHEREAS, the agreement shall be executed in the name of the City of Fairhope, by its Mayor Timothy M. Kant, for and on its behalf. 3. WHEREAS, the agreement shall be attested by the City Clerk Lisa A. Hanks, and the seal of the City of Fairhope affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the Agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 13th day of December, 2010. Ito y M. tant, Mayor Attest: ze- z�Cisa A. Hanks, City Clerk Councilmember Kingrea moved to amend the 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) by amending the following: 5555 13 December 2010 1) In Section 12-3 change "within the City or its police jurisdiction" to "within the corporate limits of the City." 2) In Section 12-4 (c)(1) and (c)(2) change "which exceeds 85 db(a) during the hours of 6:00 a.m. until 10:00 p.m. and 50 db(a) during the hours from 10:00 p.m. until 6:00 a.m. on Thursday through Sunday, or which exceeds 50 db(a) any time on Monday through Wednesday at any property line" to "which exceeds 85 db(a) during the hours of 6:00 a.m. through 10:00 p.m. and 50 db(a) during the hours from 10:00 p.m. until 6:00 a.m. at the corner of residence nearest the source of the sound." 3) In Section 12-5.2 (a) delete the first and last sentences as well as the words after subsection (b) in the second sentence. This section will now read: "Any time an individual, business and/or group plans to host an event that will not adhere to the rules and regulations as written in this ordinance, that entity must get a permit as set forth in subsection (b)." Seconded by Councilmember Quinn, motion passed by the following voice votes: AYE — Quinn, Mixon, Ford, and Kingrea. NAY — Stankoski. Councilmember Quinn moved to amend the 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) by changing in Section 12-5.2 (b) from "Application, petition and/or written permission, and notification must be submitted to the City of Fairhope eight (8) weeks prior to the event to the Designated City Official" to "two (2) weeks prior to the event to the Designated City Official." Seconded by Councilmember Ford, motion failed by the following voice votes: AYE — Quinn and Ford. NAY — Stankoski, Mixon, and Kingrea. Councilmember Stankoski moved to amend the 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) by deleting Section 12-5.2 Special Events. Seconded by Councilmember Ford, motion failed by the following voice votes: AYE — Stankoski. NAY — Quinn, Mixon, Ford, and Kingrea. Councilmember Quinn introduced in writing an Ordinance amending Ordinance No. 1371 and Ordinance No. 1437 known as the City Council Rules of Procedure; Amending Section VIII regarding Public Participation. Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Kingrea, motion failed for lack of a unanimous vote. This ordinance will layover for final adoption at the next regular City Council meeting. 5556 13 December 2010 Councilmember Kingrea introduced in writing an Ordinance establishing the City of Fairhope's Tree Ordinance which replaces and repeals Ordinance No. 1193, Ordinance No. 1223, and Ordinance No. 1351. Since there was no motion for immediate consideration, this ordinance will layover until the December 27, 2010 City Council meeting. City Council reviewed an application for a Restaurant Liquor License by Darla Scott, Darla Corporation, L.L.C., d/b/a The Pub, located at 311 Fairhope Avenue, Fairhope, Alabama. Councilmember Kingrea moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously by voice vote. At the request of the City Attorney, Marion E. Wynne, the City Council will rise from the meeting to go into Executive Session based on Section 36-25A-7(a)(3) to discuss pending litigation and possible settlement options regarding said pending litigation. The approximate time to be in Executive Session is 20 minutes. Councilmember Ford moved to go into Executive Session. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Exited the dais at 7:37 p.m. Returned at 7:43 p.m. Councilmember Ford moved to authorize Mayor Timothy M. Kant to settle the Milanowski case. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:44 p.m. Lonnie L. Mixon, CoiAcil President '41Z X ��e_ Lisa . H nks, CMC City lerk