HomeMy WebLinkAbout09-14-2015 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, 14 September 2015.
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Present were Council President Pro Tern Michael A. Ford , Councilmembers :
Rich Mueller, and Diana Brewer, Mayor Timothy M. Kant , City Attorney Marion E.
Wynne , and City Clerk Lisa A. Hanks. Council President Jack Burrell and
Councilmember Kevin Boone were absent.
There being a quorum present, Council President Pro Tern Ford 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. Councilmember Brewer
moved to approve minutes ofthe 24 August 2015 , regular meeting ; minutes of the 24
August 2015 , work session; and minutes of the 24 August 2015 , agenda meeting.
Seconded by Councilmember Mueller, motion passed unanimously by voice vote.
Mayor Kant addressed the City Council regarding the following items:
1) Budget has been presented to the City Council and requested them to look
over; and if needed , setup meetings to discuss ;
2) A Budget Meeting will be held one hour before the next Work
Session ;
3) Highlights from the proposed budgets were announced ;
4) Dick Charles has resigned from the Planning Commission; and Jay
Robinson will be appointed in his place ; and
5) Coastal Cleanup is next Saturday
Councilmember Brewer congratulated Dan McCrory , Water and Sewer
Superintendent and staff for the completion of the Waste Water Treatment Plant
upgrades.
A Public Hearing was held as ad vertised on the request for a Lounge Liquor
License by James V. Corte for I'm Still All In , LLC , d/b /a Tongue and Groov e
Drinkery, located at 77 South Section Street , Fairhope, Alabama. The public hearing
was opened at 6:08 p.m. No one present opposed the proposed Lounge Liquor
License ; the Public Hearing closed at 6:08 p.m . Councilmember Mueller moved to
approve the issuance of the license. Seconded by Councilmember Brewer, motion
passed unanimously by voice vote .
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14 September 2015
A Public Hearing was held as ad vertised on a proposed ordinance to amend
Zoning Ordinance No. 1253 , adopted 27 June 2005. Councilmember Brewer
introduced in writing an ordinance to amend Article III ; Section D., 10 . Building
Materials on Certain Commercially Zoned Property. The intent of the special
conditions is to prevent negative visual impact, provide attractiveness and
beautification and protect commercial property values. The Planning Commission
gave a favorable recommendation of this ordinance. Council President Pro Tern Ford
read the proposed ordinance. Planning Director Jonathan Smith briefly explained the
proposed ordinance and mentioned that no building or portion of building visible
from a public street or right-of-way shall be exposed metal. A facyade of some type or
material shall be used to visuall y screen the metal from the public street or right-of-
way.
Council President Pro Tern Ford opened the Public Hearing at 6:13 p.m. No one
present opposed the proposed ordinance , the Public Hearing closed at 6:13p.m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the September 28 , 2015 City Council meeting.
A Public Hearing was held as advertised on a proposed ordinance for a
Franchise Agreement to operate Infant Swimming Resource ("ISR") Lessons which
includes Children Aquatic Self Rescue at the Fairhope Municipal City Pools on 803
North Greeno Road , Fairhope , Alabama. Councilmember Brewer introduced in
writing Ordinance No . 1546 , an ordinanc e to appro ve an Application from Margaret
W. Johnson d/b/a Infant Swimming Resource ("ISR") for a Franchise Agreement to
Infant Swimming Resource ("ISR") Lessons which includes Children Aquatic Self
Rescue at the Fairhope Municipal City Pools on 803 North Greeno Road , Fairhope ,
Alabama. Council President Pro Tern Ford read the proposed ordinance.
Council President Pro Tern Ford opened the Public Hearing at 6:14 p.m. No one
present opposed the proposed ordinance , the Public Hearing closed at 6:14p.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 -Mueller,
Brewer, and Ford. NAY -None . City Attorne y Wynne mentioned a typo in the
Franchise Agreement with the need to amend Section 4.2 Indemnifications from "bird
feeder vending machines" to "Infant Swimming Resource "(ISR) Lessons."
Councilmember Mueller then moved for final adoption of Ordinance No. 1546 with
the amendment to Section 4.2 . as stated abo ve. Seconded by Councilmember Brewer,
motion for final adoption passed by the following voice votes: AYE -Mueller,
Brewer, and Ford. NAY-None.
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14 September 2015
Councilmember Brewer mo ved for final adoption of Ordinance No. 154 7, an
ordinance to amend Zoning Ordinance No. 1253 ; by deleting and removing from the
Zoning Ordinance the Provisions dealing with Design Standards for Signs .
(Introduced at the August 24 , 2015 City Council Meeting) Seconded by
Councilmember Mueller, motion for fi nal adoption passed by the following voice
votes: AYE -Mueller, Brewer, and Ford. NAY -None.
Councilmember Brewer introduced in writing an ordinance to regulate the
Distribution of Handbills for both commercial and noncommercial.
Due to lack of a motion for immediate consideration , this ordinance will layover until
the September 28 , 2015 City Council meeting.
Councilmember Brewer introduced in writing , and mo ved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant is hereby
authorized to execute a Public Utility Easement between the City of Fairhope and
Angelo A. Corte to construct, erect , set, install , renew, repair , maintain , improve ,
expand and operate water, gas , and se wer mains and a se wer lift station on, upon ,
along, over, through and across the property described in the easement. Seconded by
Councilmember Mueller, motion passed unanimousl y by voice vote .
RESOLUTION NO. 2397-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE , that Mayor Timothy M. Kant is hereb y authorized to execute a Public
Utility Easement between the City of Fairhope and Angelo A. Corte to construct,
erect, set, install , renew , repair, maintain, improve , expand and operate water, gas ,
and sewer mains and a sewer lift station on , upon , along , over, through and across the
property described in the easement.
Adopted on this 14th day of September, 2015
Attest:
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City Clerk
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14 September 2015
Councilmember Mueller introduced in writing , and moved for the adoption of
the following resolution, a resolution to reject all Bids for Improvements to Stimpson
Park Tennis Courts for the Recreation Department due to only one bid received (Bid
No . REC003-15). Seconded by Councilmember Brewer, motion passed unanimously
by voice vote.
RESOLUTION NO. 2398-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follow s:
[1] That the City of Fairhope did request , recei ve, and open bids for Improvements to
Stimpson Park Tennis Courts for the Recreation Department (Bid No. REC003-15) at
555 South Section Street in the City of Fairhope offices , Fairhope , Alabama.
[2] After further consideration and onl y one bid received , the recommendation of the
requesting department (Recreation) and the Engineer of Record is to reject all bids for
Bid No. REC003-15.
Adopted on this 14th day of September, 2015
Attest:
rifid!l~
City Clerk
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to purchase Pipe Fittings for the Traffic Circle
Project (Roundabout at Highway 13 and Fairhope A venue) for the Gas Department
from Consolidated Pipe and Suppl y Co ., Inc. as Sole Source Distributor; and
authorizes procurement based on the option allowed by the Code of Alabama 1975 ,
Section 41-16-51(b)(7) to obtain informal quotes. The total cost will be $20 ,150.00.
Seconded by Councilmember Mueller, motion passed unanimously by voice vote.
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14 September 2015
RESOLUTION NO. 2399-15
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 Pipe Fittings for the Traffic Circle
Project (Roundabout at Highway 13 and Fairhope Avenue) for the Gas Department
from Consolidated Pipe and Supply Co., Inc. as Sole Source Distributor; and
authorizes procurement based on the option allowed by the Code of Alabama 1975,
Section 41-16-51 (b )(7) to obtain informal quotes. The total cost will be $20,150.00.
Adopted on this 14th day of September, 2015
Attest:
~A ~ 1sa . s,
City Clerk
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution that the City Council approves the selection of
South Alabama Regional Planning Commission for Professional Services for
Consolidated Strategy and Plan Analysis of Impediments to Fair Housing Choice for
RFQ No. PS016-15; and hereby authorizes Mayor Timothy M. Kant to negotiate the
fee schedule and execute the contract. Seconded by Councilmember Mueller, motion
passed unanimously by voice vote.
*
*
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14 September 2015
RESOLUTION NO. 2400-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council approves the selection of South
Alabama Regional Planning Commis sion for Professional Engineering Services for
Consolidated Strategy and Plan Anal ysi s of Impediments to Fair Housing Choice for
RFQ No. PS016-15 ; and hereby authorizes Mayor Timoth y M. Kant to negotiate the fee
schedule and execute the contract.
DULY ADOPTED THIS 14TH DAY OF SEPT EMBER, 2015
Attest :
City Clerk
City Council reviewed an application for a Non-Profit Tax Exempt License
(Alcoholic Beverage License) by Elizabeth M . Puckett, Fairhope Educational
Enrichment Foundation, Inc., for "Phantasy of the Arts 2015 ," located at 161 North
Section Street, Fairhope , Alabama on October 3 , 2015 from 6:30p.m. to 11:00 p.m.
Councilmember Brewer moved to appro ve the issuance of the license . Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
City Council reviewed an application for a for a Non-Profit Tax Exempt
License by Point Clear Charities , Inc., by Travis Goodloe , Jr., for the 2015 Fairhope
Fete and Polo at the Point on September 24 , 2015 through September 26 , 2015
located at 7883 County Road 32 , Point Clear, Alabama. Councilmember Brewer
moved to approve the issuance of the license. Seconded by Councilmember Mueller,
motion passed unanimously by voice vote.
City Council reviewed an application for a Special Retail License more than
30 days (Alcoholic Beverage License ) by Karin Wilson, President of Page and
Palette , Inc., d/b/a Page and Palette located at 32 South Section Street, Fairhope ,
Alabama. Councilmember Brewer mo ved to approve the issuance of the license.
Seconded by Councilmember Mueller, motion passed unanimously by voice vote.
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14 September 2015
City Council reviewed an application for a Special Events License (Alcoholic
Beverage License) by James E. Buckalew for PCH Hotels and Resorts , Inc., for the
Alabama Power Company 2015 Industrial Interchange , located on 14210 Greeno
Road , Fairhope , Alabama on October 1, 2015 from 6 :00 p.m. to midnight.
Councilmember Brewer moved to appro ve the issuance of the license. Seconded by
Councilmember Mueller, motion passed unanimousl y by voice vote .
c ·ity Council re v iewed an application for a Special Events License (Alcoholic
Beverage License) by James E. Buckalew for PCH Hotels and Resorts , Inc ., for the
Searls/Lawrence Wedding Event on 17753 Scenic Highway 98 , Point Clear, Alabama
on November 6 , 2015 from 5:00p.m. to midnight. Councilmember Brewer moved to
approve the issuance of the license. Seconded by Councilmember Mueller, motion
passed unanimousl y by voice vote.
Councilmember Brewer mo ved to grant the request of Erin Langley , Eastern
Shore Repertory Theatre, Inc., requesting permission to use Henry George Park from
April 30 , 2016 through May 7 , 2016 for the tentative performance of "Bye Bye
Birdie" with performances being held May 4, 2016 through May 6 , 2016 at 7:30 p.m.
The request is for use of City stage including set-up and barricades. Seconded by
Councilmember Mueller, motion passed unanimousl y by voice vote.
Councilmember Brewer mo ved to grant the request of Karin Wilson, Good
Life Foundation on behalf of Fairhope Local , requesting permission to hold its 2nd
annual Run Forrest Run 5K and Fun Run on October 24 , 2015 ; use of South Park and
parking by pier, duck pond closure from 8:00 a.m. to 11 :00 a.m.; and use of
barricades. Seconded by Councilmember Mueller , motion passed unanimously by
voice vote.
The following individuals addressed the City Council during Public
Participation for Non-Agenda Items :
1) James Nowell , 112 Wilson Drive , Spanish Fort, addressed the City
Council regarding his concerns the membership on the Fairhope
Municipal Harbor Board. He mentioned onl y having one representation
on the Board for fishermen ; and requested appointing some fishermen to
the Board.
2) Carl Black , 404 Volanta A venue , addressed the City Council regarding the
Fairhope Municipal Harbor Board membership ; and stated he had applied
twice for appointment to the Board . He said this is a political appointment
and the fishermen should have equal representation.
Council President Pro Tern Ford said that he would bring this to Councilmember
Boone 's attention .
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14 September 2015
Councilmember Brewer moved to adjourn the meeting . Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 6:31 p.m.
Michael . Ford, Council President Pro Tern
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City Cler