HomeMy WebLinkAbout11-23-2015 City Council Meeting Minutes6897
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 November 2015.
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.Wynne,and City Clerk Lisa A.Hanks.
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Judson Shores,Family Pastor of Celebration
Church, and the Pledge of Allegiance was recited.Councilmember Brewer moved to
approve minutes of the 12 November 2015,regular meeting;minutes of the 12
November 2015,work session;and minutes of the 12 November 2015,agenda
meeting. Seconded by Councilmember Boone, motion passed unanimously by voice
vote.
Mayor Kant addressed the City Council regarding the following items:
1) Mentioned the Lighting of the Trees with over 12,000 people in attendance;
thanked Sherry Sullivan and staff; thanked Jimmy Cluster and staff; and said
the lights were the prettiest he has seen in a long time.
2) Said we should all be thankful for all things and wished everyone a Happy
Thanksgiving.
Councilmember Mueller addressed the City Council regarding the National
League of Cities Conference held in Nashville thatallthe Councilmembers attended,
except for Councilmember Ford.He mentioned the seminars they attended were for
how we could improve our Cities.The City of Fairhope is already on the cutting
edge;and this only verifies what we do.He stated this was not a waste of time or
money.
Councilmember Brewer addressed the City Council regarding the NLC
Conference and mentionedthemobile workshops that werethree hours long;and said
she appreciated the opportunity to goto this conference.
CouncilPresidentBurrell addressed the CityCounciland statedthe "Lighting
of the Trees"was a great event.He mentioned the Faulkner State Amphitheatre
being a nice event.Council President Burrell also mentioned that Congressman
Byrneand representatives wereherelast week.
6898
23 November 2015
A Public Hearing washeldas advertised to approve the issuance ofthe Bonds
to refund certain outstanding debt incurred to finance improvements and additionsto
and equipment for Thomas Hospital,and (ii) the location and nature of the System
Facilities in the City of Fairhope,Alabama.
Council President Burrell opened the Public Hearing at 6:14 p.m.
Jim Mitchell with Infirmary Health Services,Inc.addressed the City Council and
explained this public hearing isa 501(c)(3)requirement for bonds.He stated thatthe
City of Fairhope would notbe financially liable for this debt,buthasto authorize the
issuance of bonds when there are facilities in the municipality that funds will be spent
on.
No one present opposed the issuance of the Bonds for Infirmary Health the benefit of
Infirmary Health Services,Inc.and its affiliates,the Public Hearing closed at 6:14
p.m.
Councilmember Ford introduced in writing,and movedfor the adoptionof the
following resolution,a resolution approving the issuance of the Bonds to finance
improvements and additions for Infirmary Health System,Inc.Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO.2449-15
WHEREAS,Infirmary Health System Special Care Facilities Financing Authority of Mobile,
a public corporation organized under the laws of the State of Alabama (the "Authority"),proposes to
issue its revenue bonds inan amount notto exceed $250,000,000 (the -'Bonds").The Bonds will be
issued to provide financing for the benefit of Infirmary Health System,Inc.("IHS")and its affiliates,
Mobile Infirmary Association ("Mobile Infirmary"),Gulf Health Hospitals,Inc.("Gulf Health")and
Infirmary Health Hospitals,Inc.("Infirmary Hospitals").IHS and its affiliates (collectively referred to
as the "IHS System Affiliates")operate health care facilities in Mobile and Baldwin Counties;and
WHEREAS,the Bonds may be issued in a single series or in two or more series over a period
ending December 31, 2018; and
WHEREAS,proceeds of the Bonds will be used will be used for the following purposes:(i)
to finance the costs of acquiring,constructing and equipping a free-standing emergency room facility
(the "ER Facility")to be located on the southwestern quadrant ofthe intersection ofAlabama Highway
181 and U.S.Highway 90 in Baldwin County;(ii)to finance the costs of renovating,improving and
equipping IHS's oncology facilities (the "Oncology Facilities")located at Mobile Infirmary Medical
Center,Thomas Hospital and North Baldwin Infirmary;(iii)to finance the costs of acquiring,
constructing and equipping certain diagnostic and other health care facilities (the "Diagnostic
Facilities")to be located in a medical office building being constructed on the northwest corner of
Alabama Highway 158 and U.S.Interstate 65 in Saraland,Alabama;(iv)to finance the costs of
acquiring,constructing,improving,expanding,renovating,equipping or furnishing the various existing
acute care hospital and outpatient facilities (collectively the "Existing System Facilities")of the IHS
System Affiliates;and (v)to refund certain outstanding debt or bonds of the IHS System Affiliates
incurredor issuedto financethe ExistingSystem Facilities;
6899
23 November 2015
WHEREAS,the Existing System Facilities include: (i) Mobile Infirmary Medical Center
located at 5 Mobile Infirmary Circle (near Springhill Avenue and Mobile Infirmary Boulevard), in
Mobile, Alabama; (ii) Thomas Hospital, located at 750 Morphy Avenue in Fairhope, Alabama; (iii)
Thomas Medical Center located at 27961 U.S. Highway 98 in Daphne, Alabama; (iv) North Baldwin
Infirmary located at 1815 Hand Avenue in Bay Minette,Alabama;(v)Infirmary Eastern Shore
Outpatient Center located at 7101 Highway 90 in Daphne,Alabama;and (vi)Infirmary LTAC
Hospital located at 5644 Girby Road in Mobile,Alabama.The Existing System Facilities,the ER
Facility,the Oncology Facilities andthe Diagnostic Facilities are referred to collectively herein asthe
"Bond-Financed Facilities".
WHEREAS,the proceeds of the Bonds will be loaned to one or more of the IHS System
Affiliates pursuant to oneor more loan agreements between the Authority and IHS System Affiliates.
The loan agreements will provide for loan payments by one or more ofthe IHS System Affiliates in
amounts sufficient to paydebt service on the Bonds when due.The Bonds willbe limited obligations
ofthe Authority and will be payable solely from the loan payments bythe IHS System Affiliates tothe
Authority.The Bonds will not be general obligations of the Authority and will not in any way
constitute a debt,liability or obligation ofthe State of Alabama orany political subdivision ofthe State
of Alabama,including without limitation the political subdivisions holding the hearings described
above orthe political subdivisions where the Bond-Financed Facilities are located.The Bonds will not
be payable from any tax revenues; and
WHEREAS,a public hearing concerning the proposed issuance of the Bonds was held in
Council Chambers at City Hall,161 North Section Street,in the Cityof Fairhope,Alabama at 6:00
p.m.on Monday,November 23,2015;notice of such hearing was given by publication in The Mobile
Press Register on October 25,2015 and in The Baldwin Times on October 30,2015,and such hearing
provided an opportunity for persons with different views on the proposed issuance of the Bonds and
the location and nature of the Bond-Financed Facilities to express their views, both orally and in
writing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE,ALABAMA that they hereby approve (i)the issuance of the Bonds to finance the
improvements and additions to and equipment for Thomas Hospital,and to refund certain outstanding
debt incurred to finance improvements and additions to and equipment for Thomas Hospital,and (ii)
the location and nature of the Bond-Financed Facilities in the City of Fairhope, Alabama, in
accordance with the foregoing proposal ofthe Authority.Such approval is being given pursuant to,
and solely for the purposes of,the provisions of Section 147(f)of the Internal Revenue Code of 1986,
as amended,and Section 11-62-1(a)(8)of the Code of Alabama (1975).The consent to and approval
of the issuance of the Bonds by the Authority should not be construed as expressing any view
whatsoever as to the financial feasibility of the Bond-Financed Facilities or the adequacy of any
security provided for the Bonds.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE,ALABAMA,this 23rd day of November.2015.
ATTEST:
6900
23 November 2015
Councilmember Ford introduced in writing an ordinance to rezone the
property of Winterhaven,Inc.from R-6 Mobile Home Park District to R-2 Medium
Density Single Family Residential District.This property is generally located onthe
southeast corner of the intersection of Ettle Street and Cain Lane,Fairhope,Alabama.
Parcel No.05-46-03-37-0-008-076.000.The Planning Commission gave a favorable
recommendation of this ordinance.Council President Burrell read the proposed
ordinance and stated Councilmember Boone would be abstaining from voting and
would not be included in any discussions for this ordinance.Planning Director
Jonathan Smith briefly explained the proposed ordinance;and stated that the
subdivision has already been approved subject to approval ofthis rezone.
In order to take immediate action,Councilmember Ford moved for immediate
consideration.Seconded by Councilmember Mueller,motion for immediate
consideration passed unanimously by the following voice votes:AYE -Burrell,
Mueller, Brewer, and Ford. NAY - None. ABSTAIN- Boone.
Councilmember Mueller then moved for final adoption of the above mentioned
ordinance.Seconded by Councilmember Brewer,motion for final adoption passed by
the following voice votes:AYE -Burrell,Mueller,Brewer,and Ford.NAY -None.
ABSTAIN -Boone.
City Clerk Lisa Hanks stated she had a question for the City Attorney;with the
abstention is this unanimous consent for immediate consideration.City Attorney
Wynne replied an abstention is neither for nor against the vote.Therefore the vote
would be a unanimous consent.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No.1253,adopted 27 June 2005.Councilmember Brewer
introduced in writing an ordinance to zone the property of Grand Properties,LLC toa
Planned Unit Development (PUD)concurrent with annexation into the City of
Fairhope.This property is generally located on the northwest corner of the
intersection of Twin Beech Road and Battles Road,Fairhope,Alabama.Parcel No.
05-46-09-30-0-000-062.000 and 05-46-09-30-0-000-062.001.Pointe Place.PhaseII.
The Planning Commission gave a favorable recommendation of this ordinance.
Council President Burrell read the proposed ordinance.Planning Director Jonathan
Smith briefly explained the proposed ordinance and answered questions from the City
Council.
City Clerk Hanks mentioned to Council President Burrell that the required Public
Hearing for Agenda Item Number 6 was not held.Mayor Kant stated that normally
the Councilmember who abstains would leave the room,so that there would be
unanimous consent of the ones present in the room.After further discussion,
Councilmember Boone was requested to leave the room while this ordinance was
discussed and the hearing held.
6901
23 November 2015
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253, adopted 27 June 2005. Councilmember Brewer
introduced in writing Ordinance No. 1556, an ordinance to rezone the property of
Winterhaven,Inc. from R-6 Mobile Home Park District to R-2 Medium Density
Single Family Residential District.This property is generally located on the
southeast corner of the intersection of Ettle Street and Cain Lane,Fairhope,Alabama.
Parcel No.05-46-03-37-0-008-076.000.
Council President Burrell opened the Public Hearing at 6:25 p.m. No one present
opposed the proposed ordinance,the Public Hearing closed at 6:25 p.m.Council
President Burrell and City Attorney Wynne discussed the proper procedure to now
voteforthe proposed ordinance.Mayor Kantsaidthatonlythetwo Councilmembers
who moved for immediate consideration or made the second could move to
reconsider the ordinance.
After further discussion, Councilmember Ford moved to reconsider the
motion for immediate consideration. Seconded by Councilmember Brewer, motion
for immediate consideration passed unanimously 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. 1556.
Seconded by Councilmember Mueller,motion for final adoption passed by the
following voice votes:AYE -Burrell,Mueller,Brewer,and Ford.NAY -None.
ABSTAIN -Boone.Councilmember Boone returned to the dais at 6:28 p.m.
Council President Burrell opened the Public Hearing at 6:29 p.m. for Agenda
Item Number 7. Noone present opposed the proposed ordinance,the Public Hearing
closed at 6:29 p.m.
Due to lack of a motion for immediate consideration,this ordinance will layover until
the December 14,2015 City Council meeting.
Councilmember Mueller moved to amend Agenda Item Number 8; an
ordinance to prescribed Regulations for the Leaseholder and Vehicle Operators of the
Fairhope Municipal Pier Restaurant and Marina for a Motorized Vehicle by adding to
Section I.Purpose after the words for the disabled:"as defined by the Americans with
Disabilities Act."Seconded by Councilmember Boone,motion passed unanimously
by voice vote.
Councilmember Mueller moved for final adoption of Ordinance No. 1557, an
ordinance to protect the Public Safety,Health and Welfare by Prescribing Regulations
forthe Leaseholder and Vehicle Operators ofthe Fairhope Municipal Pier Restaurant
and Marina for a Motorized Vehicle as amended.
6902
23 November 2015
(Introduced at the October 26,2015 City Council Meeting)The motion was
seconded by Councilmember Boone.Councilmember Brewer read an e-mail from a
citizen regarding the shuttle who was against it being used on the pier;and she agreed
with the citizen.She stated the presence ofthe shuttle violates sacred ground andthis
is the only place left where people can walk without tripping or having vehicles in the
way.Councilmember Ford said we need to rewrite the law;and the Federal ADA
regulations supersede the Cities.Councilmember Boone said this isa good idea and
an asset and service for citizens. Council President Burrell agreed this is an asset for
citizens;and the ordinance has penalties for violations.He said there are many for it
and many against it.Councilmember Mueller stated his decision is based on what the
people who elected him want;and personally he does not want to adopt this.He
stated our citizens want this service.After further discussion, motion for final
adoption passed by the following voice votes:AYE -Burrell,Mueller,Ford,and
Boone. NAY - Brewer. Council President Burrell questioned Mr. Gambino
regarding the two shuttles being used.Mr.Gambino said only the small shuttle will
be used on the pier.
Councilmember Boone moved to amend Agenda Item Number 9; an
ordinance to provide Standards for the keeping of Domestic Poultry in Single-Family
Residential Zones in the City of Fairhope by deleting from Section III.Requirements
for Henhouses and Runs under 1)Location iii.after the words from the residence:"of
the domestic poultry permit holder."Seconded by Councilmember Mueller,motion
passed unanimouslyby voice vote.
Councilmember Boone moved for final adoption of Ordinance No. 1558, an
ordinance to provide Standards for the keeping of Domestic Poultry in Single-Family
Residential Zones in the City of Fairhope as amended.(Introduced at the November
12,2015 City Council Meeting)Seconded by Councilmember Mueller,motion for
final adoption passed by the following voice votes:AYE -Burrell,Mueller,Brewer,
Ford,and Boone.NAY -None.
Councilmember Ford introduced in writing,and moved forthe adoption ofthe
following resolution,a resolution that Mayor Timothy M.Kant is hereby authorized
to execute Amendment Number 1 to the Agreement for Engineering Services with
Neel-Schaffer,Inc.with additional services with the City of Fairhope Project No.
PS005-14 described above with a proposed cost not to exceed of $4,500.00.The
motion was seconded by Councilmember Brewer who then questioned a possible
traffic circle at Main Street and Veterans Drive intersection.Planning Director
Jonathan Smith replied various options will be looked at and several traffic counts
will be done before a recommendation is brought before the City Council.After
further discussion,motion passed unanimously byvoice vote.
23 November 2015
RESOLUTION NO.2450-15
6903
WHEREAS,the City of Fairhope entered into an agreement on March 24,2014 with
Neel-Schaffer,Inc.for engineering services for traffic operations and planning report
upgradefor RFQNo. PS005-14;
WHEREAS,the City of Fairhope desires to proceed with additional services to
include an engineering study of the traffic movements and intersection geometry at
the intersection of North Section Street and Main Street;
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,that Mayor Timothy M.Kant is hereby authorized to
execute Amendment Number 1tothe Agreement for Engineering Services with Neel-
Schaffer,Inc.with additional services with the City of Fairhope Project No.PS005-
14 described above witha proposed costnotto exceed of $4,500.00.
DULY ADOPTED THIS 23RD DAY OF NOVEMBER,2015
Attest:
City Clerk
Councilmember Brewer introduced in writing,and moved for the adoption of
the following resolution,a resolution that the City ofFairhope has voted to purchase a
Ditch Witch RT55H Heavy Duty Trencher Machine for the Gas Department and
requested item is available for direct procurement through the National Joint Powers
Alliance ("NJPA")Buying Group Contract.The cost is approximately $96,229.56 to
allow for freight cost variations at ship time.Seconded by Councilmember Boone,
motionpassed unanimously by voice vote.
23 November 2015
RESOLUTION NO.2451-15
6904
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 Ditch Witch RT55H Heavy
Duty Trencher Machine for the Gas Department and requested item is available for
direct procurement through the National Joint Powers Alliance ("NJPA")Buying
Group Contract.The cost is approximately $96,229.56 to allow for freight cost
variations at ship time.
Adopted on this 23rd day of November, 2015
Lisa A?Hanks,
City Clerk
Councilmember Brewer introduced in writing,and moved for the adoptionof
the following resolution,a resolution that the City Council hereby authorizes and
approves to extend the deadline to May 1,2016 in order for the Fairhope Elementary
School to use the remaining balance to fund tutors which are needed throughout the
entire year.Seconded by Councilmember Mueller,motion passed unanimously by
voice vote.
W v
imoth>j M.KaiVt,Mayor
Attest:
23 November 2015
RESOLUTION NO.2452-15
6905
WHEREAS,the City has earmarked $350,000.00 ("Contribution")of its 2014-2015
General Operations Budget for the improvement of education in the five schools;and,
WHEREAS,on October 26,2015 the City Council is desirous,at the request of
Terry Beasley,Principal of Fairhope Elementary School,to extend the deadline to
May 1,2016 to use the remaining balance of $14,000.00 in order to fund tutors
which are needed throughout the entire year.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE,ALABAMA,thatthe City Council hereby authorizes and approves to
extend the deadline to May 1,2016 to use the remaining balance of $14,000.00 in
order to fund tutors which are needed throughout the entire year.
ADOPTED ON THIS 23RD DAY OF NOVEMBER,2015
Attest:
Hanks,'MMC
City Clerk
Councilmember Brewer moved to grant the request of James Corte requesting
a variance in the noise ordinance and permission for the 12th Annual Wiseman Ball,
being held at the Fairhope Inn &Restaurant,to have live music playing in the
courtyard on December 12,2015,which benefits needy children by collecting toys
and raising money.The band will be playing from 8:00 p.m.until midnight.
Seconded by Councilmember Ford,motion passed unanimously by voice vote.
City Council reviewed an application for a Beer/Wine Off Premises Licenses
by Lawrence Gatta,Jr.,LLC Manager,Dolgencorp,LLC,d/b/a Dollar General Store
#4952,located at 904 Morphy Avenue,Fairhope,Alabama.Councilmember Brewer
moved to approve the issuance of the license.Seconded by Councilmember Mueller,
motion passed unanimously by voice vote.
••A^'
6906
23 November 2015
The following individuals addressed the City Council during Public
Participation for Non-Agenda Items:
1)John Manelos,104 White Avenue,addressed the City Council and thanked them for
representing the City of Fairhope citizens.Mr.Manelos stated his concerns with the
park at the South side of the Fairhope Municipal Pier regarding the trash truck riding
along the sidewalk to pick up trash in the can.He stated this is a safety issue for
walkers.
Councilmember Brewer moved to adjourn the meeting.Seconded by
Councilmember Mueller,motionpassed unanimously byvoicevote.
There being no further business to come before the City Council,the meeting
was duly adjourned at 6:55 p.m.
//tMtHjt*.
i Hanks;MMC
City Clerk