HomeMy WebLinkAbout05-11-2015 City Council Meeting MinutesSTATE 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, 11 May 2015 .
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Present were Council President Jack Burrell , Councilmembers: Rich Mueller,
Diana Brewer, Michael A. Ford, and Kevin Boone, Mayor Timothy M . Kant, City
Attorney Marion E. W ynne , and City Clerk Lisa A. Hanks .
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given b y Dr. Jerry Henry, Pastor of First Baptist Church,
and the Pledge of Allegiance was recited. Councilmember Brewer moved to approve
minutes of the 27 April 2015 , regular meeting ; minutes of the 27 April 2015 work
session; and minutes of the 27 April 2015 , agenda meeting. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
Mayor Kant addressed the City Council regarding the following items:
1) Doug Mansmann was recognized by the Optimi st Club of Lillian as Officer of
the Year.
2) Dr. Henry opened hi s church for National Da y of Prayer at noon ; we had the
Mayor 's Pra yer Breakfast with the Ea stern Shore Chamber in the morning ; and
had an evenin g service .
3) Mayor Kant announced that an y budget item s need to be in by the June 1, 2015
deadline .
4) Planning Commis sion had a special called meeting for the Comprehensive Plan
update results .
5) He apologized for trash pick-up running behind.
The following individual spoke during Public Participation for Agenda Items:
1) Richard Thompson , citizen of Fairhope , addressed the City Council regarding
Agenda Item No. 7: an Ordinance to provide for the public health , safety ,
welfare and aesthetic beauty of the City of Fairhope known as the Sign
Ordinance . Mr. Thompson stated he is a supporter of the Sign Ordinance is done
correctly.
Councilmember Brewer addressed the City Council and reminded everyone of
the Community Forum on Education. It will be on May 12 , 2015 at 6:00p.m. in the
Fairhope United Methodist Church Recreation Center; and is being presented by the
Education Advisory Committee to see how to work on education for Fairhope.
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11 May 2015
Council President Burrell addre ssed the City Council and also mentioned the
First Baptist Church prayer service at noon and the Mayor 's Prayer Breakfast on
Thursday , May 7, 2015. Council President Burrell said that he , Mayor Kant, and
several Councilmembers will be attending the Alabama League of Municipalities
Convention that begins thi s weekend. He requested from Mayor Kant an update on
Capital Projects.
A Public Hearing was held as ad vertised on a proposed ordinance to amend
Zoning Ordinance No. 1253. Councilmember Brewer introduced in writing
Ordinance No. 1535 , an ordinance to zone the property of Robert S. Berglin, Jr. and
Loree B. May to Planned Unit De velopment (PUD) concurrent with annexation. This
property is generally located at the East comer of Sandy Ford Subdivision, at the end
of South Drive, Fairhope , Alabama. Parcel contains 80.4 acres more or less 05-43-
08-33-0-000-001.002. Firefly Subdi vision. The Planning Commission gave a
favorable recommendation of thi s ordinance . Council President Burrell read the
proposed ordinance . Planning Director Jonathan Smith briefly explained the
proposed ordinance.
Council President Burrell opened the Public Hearing at 6:21 p .m . No one present
opposed the proposed ordinance , the Public Hearing closed at 6:22 p.m.
In order to take immediate action , Councilmember Brewer moved for immediate
consideration. Seconded by Councilmember Mueller, motion for immediate
consideration passed unanimousl y by the following voice votes: AYE -Burrell ,
Mueller, Brewer, and Ford . NAY -None. ABSTAIN -Boone. Councilmember
Brewer then moved for final adoption of Ordinance No . 1535. Seconded by
Councilmember Ford, motion for final adoption passed by the following voice votes :
AYE-Burrell , Mueller, Brewer, and Ford. NAY -None. ABSTAIN-Boone.
A Public Hearing was held as advertised on a proposed ordinance for a
Franchise Agreement to operate Paddleboard Instruction and Rental , at the Main Pier
-South Beach, Fairhope , Alabama. Councilmember Brewer introduced in writing
Ordinance No. 1536 , an ordinance to approve an Application from John Manelos ,
Fairhope Paddleboard , LLC , for a Franchise Agreement to operate Paddleboard
Instruction and Rental , at the Main Pier -South Beach, Fairhope , Alabama. Council
President Burrell read the proposed ordinance. John Manelos, 104 White Avenue,
addressed the City Council and explained the proposed franchise for Fairhope
Paddleboard , LLC.
Council President Burrell opened the Public Hearing at 6 :2 6 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6 :27 p.m .
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11 May 2015
In order to take immediate action, Councilmember Brewer moved for immediate
consideration. Seconded by Councilmember Boone , motion for immediate
consideration passed unanimously by the following voice votes: AYE -Burrell ,
Mueller, Brewer, Ford, and Boone. NAY -None. Councilmember Brewer then
moved for final adoption of Ordinance No. 1536 . Seconded by Councilmember
Boone, motion for final adoption passed by the following voice votes: AYE -
Burrell, Mueller, Brewer, Ford, and Boone. NAY -None.
Councilmember Boone moved for final adoption of Ordinance No. 1537, an
ordinance to Provide for the Public Health, Safety , Welfare and Aesthetic Beauty of
the City of Fairhope, Alabama known as the Sign Ordinance. (Introduced at the April
27 ,2015 City Council Meeting.) Jonathan Smith explained the need for a stand-alone
Sign Ordinance. City Attorney Wynne stated this ordinance gives the City police
powers within the Police Jurisdiction. Mayor Kant gave the history of the Sign
Ordinance; and said signs are more of a freedom of speech . Seconded by
Councilmember Mueller, motion for final adoption passed by the following voice
votes: AYE-Burrell , Mueller, Brewer, Ford, and Boone. NAY-None.
Councilmember Brewer introduced in writing Ordinance No. 1538, an
ordinance to Provide for the Public Safety, Health and Welfare of the City of
Fairhope, Alabama known as the Film Ordinance. Sherry Sullivan explained the
proposed ordinance and its guidelines. She stated they must follow the Noise
Ordinance and rules for closing streets. The film permit fee was questioned; and Ms.
Sullivan said these take a great deal of staffs time. Council President Burrell said
this will tell what our expectations are in the guidelines . In order to take immediate
action, Councilmember Brewer moved for immediate consideration. Seconded by
Councilmember Boone, motion for immediate consideration passed unanimously by
the following voice votes: AYE-Burrell , Mueller, Brewer, Ford, and Boone. NAY
-None. Councilmember Brewer then moved for final adoption of Ordinance No.
1538. Seconded by Councilmember Boone , motion for final adoption passed by the
following voice votes: AYE-Burrell , Mueller, Brewer, Ford, and Boone . NAY -
None .
Councilmember Brewer introduced in wr1tmg Ordinance No. 1539 , an
ordinance authorizing the Issuance of the City 's $1 ,780 ,000 Principal amount to
Utilities Revenue Warrants , Series 2015 , dated May 14 , 2015. City Treasurer Nancy
Wilson explained the proposed ordinance and stated we are going to reduce part of
the debt and refinance. She said this will be Utilities Revenue Warrants Series 2015
with a savings of approximately $700 ,000.00. In order to take immediate action,
Councilmember Brewer moved for immediate consideration. Seconded by
Councilmember Boone, motion for immediate consideration passed unanimously by
the following voice votes: AYE -Burrell, Mueller, Brewer, Ford , and Boone. NAY
-None.
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11 May 2015
Councilmember Brewer then moved for final adoption of Ordinance No. 1539.
Seconded by Councilmember Muller, motion for final adoption passed by the
following voice votes: AYE -Burrell , Mueller, Brewer, Ford, and Boone. NAY -
None.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution complying with the Requirements of Section
8.2(b) of the Trust Indenture between the City of Fairhope, Alabama, and Regions
Bank dated as of November 1, 1996 . Seconded by Councilmember Boone, motion
passed unanimously by voice vote.
RESOLUTION NO. 2359-15
A RESOLUTION COMPLYING WITH THE
REQUIREMENTS OF SECTION 8.2(b) OF THE
TRUST INDENTURE BETWEEN THE CITY OF
FAIRHOPE, ALABAMA, AND REGIONS BANK
DATED AS OF NOVEMBER 1, 1996,
AS SUPPLEMENTED
BE IT RESOLVED by the City Council (herein called the "Council") of the City
of Fairhope (herein called the "City"), in the State of Alabama, as follows:
In order to comply with the requirements of Section 8.2(b) of that certain Trust
Indenture between the City and Regions Bank, dated as of November I , 1996 (herein called the
"1996 Indenture"), so that $1 ,780 ,000 aggregate principal amount of Utilities Revenue Warrants ,
Series 2015, dated May 14 , 2015 (herein called the "Series 2015 Warrants"), of the City may be
issued as additional warrants under the provisions of the 1996 Indenture, the Council does hereby
adopt this resolution , request that Regions Bank, as trustee , authenticate and deliver the Series
2015 Warrants to the purchaser thereof, and make the following recitals preliminary to the
issuance of the Series 2015 Warrants :
(I) the City is not at this time in default under the 1996 Indenture
and no such default is imminent;
(2) the person to whom the Series 2015 Warrants have been sold
and shall be delivered is Compass Mortgage Corporation ;
(3) the Series 2015 Warrants are to be issued by sale and none
thereof is to be issued by exchange ;
( 4) the sale price of the Series 2015 Warrants is the par amount
thereof, $1 , 780 ,000 ;
11 May 2015
(5) no obligation s have previously been issued by the City under
the 1996 Indenture or under an y indenture s upplemental thereto other than
$4 ,195 ,000 aggregate principal amount of Utilitie s Revenue Warrants , Series
1996, dated November I , 1996, which were is s ued under the 1996 Indenture and
which were refunded s imultaneousl y with the issuance of the Series 2003
Warrants; $7 ,735 ,000 aggregate principal amount of Utilitie s Revenue Warrants,
Series 1997, dated March I , 1997 , which were issued under the First
Supplemental Indenture dated as of March I, 1997 , and which were refunded
simultaneously with the iss uance of the Series 2005 Warrants ; $1 ,905 ,000
aggregate principal amount of Utilities Revenue Warrants , Series 1999 , dated
June I , 1999, which were iss ued under the Second Supplemental Indenture dated
as of June I , 1999 , and which were refunded s imultaneously with the issuance of
the Series 2009 Warrants; $6 ,720 ,000 aggregate principal amount of Utilities
Revenue Warrants , Series 2002 , dated September I , 2002 , which were issued
under the Third Supplemental Indenture dated as of September I , 2002 , and none
of which are now outstanding ; $2 ,300 ,000 aggregate principal amount of
Utilities Revenue Warrants , Series 2003 , dated September I , 2003 , which were
issued under the Fourth Supplemental Indenture dated as of September I , 2003 ,
and none of which are now outstandin g; $8 ,455,000 aggregate principal amount
of Utilities Revenue Warrants, Serie s 2005 , which were issued under the Fifth
Supplemental Indenture dated as of March I , 2005 , and which are now
outstanding in the aggregate principal amount of $4 ,590 ,000 ; $1 ,250 ,000
aggregate principal amount of Utilities Revenue Warrants , Series 2009, dated
April 2, 2009, which were issued under the Sixth Supplemental Indenture dated
as of April 2 , 2009 , and which are now outstandin g in the aggregate principal
amount of $630 ,000 ; and $16 ,140 ,000 aggregate principal amount of Utilities
Revenue Warrants, Series 2011 , dated October 13 , 2011 , which were issued
under the Seventh Supplemental Indenture dated October 13 , 20 II, and which
are now outstanding in the aggreg ate principa l amount of$14,370 ,000 ; and
(6) the Series 2015 Warrants are to be issued for the purpose of (a)
refunding (on a current basis) the said Serie s 2005 Warrants , and (b) paying the
costs related to the iss uance of the Series 2015 Warrants .
ADOPTED THIS I ITH DAY OF MAY , 2015
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11 May 2015
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Timothy M. Kant to inform
and submit the Municipal Water Pollution Prevention Program (MWPP) Report for
2014 to the Department of Environmental Management. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 2360-15
MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ,
ALABAMA , that Mayor Timothy M. Kant is hereby authorized to inform the Department of
Environmental Management that the following actions were taken by the City Council of the
City of Fairhope , Alabama .
I. Reviewed the MWPP Annual Report which is attached to the resolution .
2. Set forth the following actions and schedule necessary to maintain effluent
requirement contained in the NPDES Permit , and to prevent the bypass and
overflow of raw sewage within the collection system or at the treatment plant:
Attest:
(a) Complete the current wastewater treatment plant upgrades needed
for regulatory compliance and to accommodate future growth.
(b) Continue to perform 0 & M requirements to the treatment and
collection system and complete repairs when discovered.
(c) Continue to provide training opportunities for the operations staff
to assist them with maintaining certification and knowledge of current
methods and technologies.
Adopted this II th day of May , 20 15
~;li~-
City Cler
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11 May 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution that the City Council approves the selection of
Payne Pipeline Services for Professional Consulting Services for Natural Gas
Distribution Pipeline Compliance for RFQ No . PS010-15 ; and hereb y authorizes
Mayor Timothy M. Kant to negotiate the fee schedule. Seconded by Councilmember
Boone , motion passed unanimousl y by voice vote.
RESOLUTION NO. 2361-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council approves the selection of Payne
Pipeline Services for Professional Engineering Services for the Natural Gas
Distribution Pipeline Compliance for RFQ No . PSO 10-15 ; and hereby authorizes
Mayor Timothy M. Kant to negotiate the fee schedule.
DULY ADOPTED THIS 11THDAYOFMAY,2015
Attest:
City Clerk
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to Purchase One 1000 KV A 3 PH Pad Mount
Transformer from T &C Specialty Distributor in the amount of $20 ,622.00 to replace
Electrical Department stock; and must be compatible with our existing system and
authorizes procurement based on the option allowed by the Code of Alabama 1975 ,
Section 41-16-51 (b )(7) to obtain informal quotes. Seconded by Councilmember
Boone , motion passed unanimousl y by voice vote.
*
*
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11 May 2015
RESOLUTION NO. 2362-15
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 one 1000 KVA 3 PH Pad Mount
Transformer for the Electrical Department stock ; and must be compatible with our
existing system and authorizes procurement without formal bid based on the option
allowed by the Code of Alabama 1975 , Section 41-16-51 (b )(7) to obtain informal
quotes and purchase the Pad Mount Transformer. The cost will be $20,622.00
Adopted on this 11th day of May , 2014
Attest:
Councilmember Boone introduced in writing , and moved for the adoption of
the following resolution , a resolution that Mayor Timothy M. Kant is hereby
authorized to execute an agreement between the City of Fairhope and the United
States Department of Agriculture Natural Resources Conservation Service for an
Emergency Watershed Protection Program for the April 2014 Panhandle Storm
Damage at the Sewer Plant and the Woodlands (Woodcove Road). The total approved
budget is $557 ,912.00: $389 ,241.00 (75%) NRCS 's contribution of construction
cost, $129,747.00 (25%) City 's contribution; and in-kind technical services from
technical assistance funds up to a maximum of $38 ,924.00 (limited to 7.5% of
$518 ,988.00). Council President Burrell mentioned this item is over budget , but the
number was not known at that time . Seconded by Councilmember Brewer, motion
passed unanimously by voice vote.
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11 May 2015
RESOLUTION NO. 2363-15
BE IT RESOLVED, BY THE GOVENRING BODY OF THE CITY OF FAIRHOPE
AS FOLLOWS:
WHEREAS, the City of Fairhope has been notified of NRCS funds to pay for the
construction of certain projects listed below. These projects and funds are hereby a part of
Agreement No. 68-4101-15-0012.
WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency
Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public
law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural
disasters that cause a sudden impairment of a watershed; and ,
WHEREAS, the Sponsor and NRCS agree to install emergency watershed protection
measures to relieve hazards and damages created by the 2014 April Panhandle Storm at sites
identified below in Section A.
NOW THEREFORE, in consideration of the premises and of the several promises to be
faithfully performed by the parties hereto as set forth , the Sponsor and NRCS do hereby agree
as follows:
A. IT IS AGREED that the following described work is to be constructed at a total
estimated cost of $518 ,988.00 ; with $389,241.00 (75%) NRCS 's contribution of
construction cost and $129,747 .00 (25%) City's contribution. Agreement No. 68-
41 0 1-15 -00 12 0
DSRSITE LOCATION Estimated Cost
FAI-14-001 Sewer Plant -rip rap and fill to protect Sewer Plant and reduce
sediment. $ 191,688.00
FAI-14-002 Woodcove Rd. -restore stream bank using both structural and
bioengineering solutions, resize culvert under roads to meet $ 327,300.00
draina2e requirements. (Woodlands)
$ 518,988.00
B . IT IS AGREED that NRCS will reimburse the Sponsor for eligible in-kind
technical services not to exceed 7.5 percent of the actual eligible construction cost
for constructing the works of improvement described in Section A. NRCS will
reimburse in-kind technical services from technical assistance funds up to a
maximum of $38,924.00 (limited to 7 .5% of $518 ,988.00).
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11 May 2015
BE IT FURTHER RESOLVED, that Mayor Timothy M. Kant is hereby authorized to
execute an agreement between the City of Fairhope and the United States Department of
Agriculture Natural Resources Conservation Service for an Emergency Watershed
protection program for the April 2014 Panhandle Storm Damage. The total approved
budget is $557 ,912.00 : $389,241.00 (75%) NRCS's contribution of construction cost,
$129,747.00 (25%) City 's contribution ; and in-kind technical services from technical
assistance funds up to a maximum of $38,924.00 (limited to 7.5% of $518,988.00).
ADOPTED AND APPROVED THIS 11TH DAY OF MAY , 2015
Attest:
~~ saAHak;;MC
City Clerk
The following individuals spoke during Public Participation:
1) Stephen Pecot, 163 Oakwood Avenue, addressed the City Council regarding
drainage issues in River Oaks Phase 2; and mentioned the maintenance of
retention pond upstream and three main subdivision developments .
2) Ken Graves, 120 Riley Circle in Spring Run , addressed the City Council
regarding drainage issues is Spring Run. Mayor Kant did state that the State of
Alabama allows property owners to dam up and keep flow of water off of their
property.
3) Kathy Barr, 24804 Trott Lane , addressed the City Council regarding her parent's
home on Cedar A venue. She stated this has been going on for over 20 years; and
has flooded since 1997 .
Council President Burrell replied that there was a settlement agreement signed
and $27 ,500 was given to the Bamettes and all the worked specified by their
engineer was done according to that agreement. A release states that this has
been forever settled . City Attorney Wynne reiterated that your parents did sue
the City, we paid the settlement, performed the work specified by the engineer;
and it releases the City.
Mayor Kant mentioned the FEMA grant for purchasing the property still being
sought and the need for the Bamettes to sign the document in order for the City
to submit the final documents for their review .
4) Steve McMillan , 303 Lake Ridge Drive , addressed the City Council regarding
fluoride in the drinking water. He requested to speak to them more in-depth on
this issue .
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11 May 2015
Council President Burrell stated he has read his e-mails and the literature put in
the Council 's boxes. He questioned why the American Dental Association and
American Medical Association would still support the use . Mr. McMillan stated
that toxicologist say it is poison . Council President Burrell replied he needs
direction for the City Council on this matter and if they would like more
information. Councilmember Brewer explained how Mr. McMillan could apply
for being on the Fairhope Environmental Advisory Board .
5) Donald and Patricia Skeel , residents of Spanish Fort, addressed the City Council
regarding an incident that happened at the Fairhope Pier on March 30 , 2015. Ms.
Skeel stated that she and her husband were struck by a car with no warning while
the car was backing off the pier. She urged the City Council to pass an ordinance
to prohibit anyone from backing up with no back up lights and beepers .
Council President Burrell replied that he knew about this issue and spoke to the
Mayor regarding same. Mayor Kant said that no one will back up off the pier
without someone walking with the vehicle to make sure it is all clear.
Councilmember Brewer moved to adjourn the meeting. Seconded by
Councilmember Boone , motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 7:33p.m .
• i!dltL
City Clerk