HomeMy WebLinkAbout01-12-2015 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, January 12, 2015.
6657
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 Dr. Jerry Henry, Pastor of First Baptist Church,
and the Pledge of Allegiance was recited. Councilmember Boone moved to approve
minutes of the 18 December 2014 , regular meeting; minutes of the 18 December
2014, work session; and minutes of the 18 December 2014, agenda meeting.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
Mayor Kant addressed the City Council and thanked Community Affairs and
Recreation Director Sherry Sullivan and staff for the excellent "New Year Eve"
celebration.
Mayor Kant then asked Cathy Hudson, Fairhope High School Swim and Coach, to
introduce Helen Legg. Ms. Hudson said that Helen has been the Alabama High
School Athletic Association Diving Champion for 2012 , 2013, and 2014. One main
reason for Helen 's success is that the degree of difficulty in her dives is much higher
than the other divers. She takes gymnastics which also helps with diving; and is a
member of the National Honor Society as well as the Track Team. Council President
Burrell said we should also recognize Cathy Hudson for doing a fantastic job as the
coach.
Mayor Kant also mentioned that we are movmg forward with the Soccer Field
Project.
Councilmember Brewer addressed the City Council and commented St. James
parish is mourning the loss of Father Mark Wilson who was their pastor for 13 years.
He was well-loved by everyone and will be missed. The funeral service was standing
room only. She requested that everyone keep the Wilson family in their thoughts and
prayers.
Councilmember Brewer stated there was a need to add on an agenda item after
Agenda Item Number 15 , a motion to approve the Education Advisory Committee
recommendations for the school funding of the five Fairhope schools in the amount of
$346 ,852.00.
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12 January 2015
Councilmember Brewer moved to add on the above mentioned item not on
the printed agenda. Seconded by Councilmember Mueller, motion passed
unanimously by voice vote.
Council President Burrell addressed the City Council and welcomed back
Councilmember Mueller and Brewer who were missed at the last meeting.
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 rezone the property of Bayview Ventures, LLC
from B-3a Tourist Resort Lodging District to B-3b Tourist Resort Commercial
Service District. This property is generally located at 72 Fairhope A venue, Fairhope,
Alabama. Parcel No. 05-46-03-37-0-010-005.002-501. The Planning Commission
gave a favorable recommendation of this ordinance. Council President Burrell read
the proposed ordinance.
Council President Burrell opened the Public Hearing at 6:15 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:15 p.m.
Due to lack of a motion for immediate consideration , this ordinance will layover until
the January 26, 2015 City Council meeting.
Council President Burrell recognized two Boy Scouts who were in the
audience. One was a Life Scout and the other one was working on being an Eagle
Scout.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253, adopted 27 June 2005. Councilmember Ford introduced
in writing an ordinance to zone the property of Wm. Daniel Calhoun to R-2 Medium
Density Single Residential District concurrent with annexation. This property is
generally located on the south side of County Road 44 (a.k.a. Twin Beech Road)
between Woodlawn , Phase 1 and Summer Oaks Stables, Fairhope, Alabama. Parcel
contains 32.00 acres more or less ; 05-46-08-27-0-000-002 .535. Woodlawn
Subdivision, Phase 2 and Phase 3. The Planning Commission gave a favorable
recommendation of this ordinance . Council President Burrell read the proposed
ordinance.
Council President Burrell opened the Public Hearing at 6 :17p.m. John Avent with
Preble Rish addressed the City Council on behalf of the owner. He was present to
answer any questions from the City Council. No one present opposed the proposed
ordinance, the Public Hearing closed at 6:18 p.m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the January 26, 2015 City Council meeting.
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12 January 2015
A Public Hearing was held on a proposed ordinance for a Franchise
Agreement to install and operate Vending Machines in locations specified in Bid No.
002-15 , Beverage Concession 2015 , which was awarded on November 24 , 2014 via
Resolution No. 2302-14. Council President Burrell opened the Public Hearing at 6:18
p.m. The Public Hearing closed at 6: 18 p.m.
Councilmember Boone introduced in wntmg Ordinance No. 1525, an
ordinance to approve an Application from an Application from Coca Cola Bottling
Company Consolidated for a Franchise Agreement to install and operate Vending
Machines in locations specified in Bid No. 002-15 , Beverage Concession 2015 , which
was awarded on November 24 , 2014 via Resolution No. 2302-14. In order to take
immediate action , Councilmember Boone moved for immediate consideration.
Seconded by Councilmember Ford, motion for immediate consideration passed
unanimously by the following voice votes: AYE-Burrell , Mueller , Brewer, Ford ,
and Boone. NAY -None . Councilmember Boone then moved for final adoption of
Ordinance No. 1525 . Seconded by Councilmember Ford , motion for final adoption
passed by the following voice votes : AYE -Burrell , Mueller , Brewer, Ford, and
Boone. NAY -None.
Councilmember Brewer moved for final adoption of Ordinance No. 1526, an
Ordinance authorizing and granting to Mediacom Southeast, LLC the Right to Use
the Rights-Of-Way of the City of Fairhope to Provide Cable Services to the Citizens
of the City under the Terms of a Cable Television System Franchise Agreement.
(Introduced at the December 18 , 2014 City Council Meeting). 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 writing, and moved for the adoption of
the following resolution , a resolution accepting the public streets, public right-of-
ways , and all of Fairhope 's public utilities located in public right-of-ways within
Natures Trail, Phase One for maintenance and to authorize Mayor Timothy M. Kant
to execute the Maintenance and Guaranty Agreement between the City of Fairhope
and Smart Living , LLC. Seconded by Councilmember Boone, motion passed
unanimously by voice vote.
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12 January 2015
RESOLUTION NO. 2311-15
WHEREAS, the Owners ofNatures Trail , Phase One desire to have all public streets
and public right-of-ways dedicated on the plat filed for record in the Probate Records
of Baldwin County, Alabama, on Slide 2521-A , and all Fairhope public utilities
located in public right-of-ways accepted for maintenance by the City of Fairhope,
Alabama, and;
WHEREAS , the City of Fairhope , Alabama, has received notice from the engineers
of the project that the design and capacity of the public improvements have been
designed in conformance with City requirements , and;
WHEREAS, the Public Works Director has indicated that the improvements meet
City requirements , and;
WHEREAS, the City of Fairhope , Alabama, has received from the owners of
Natures Trail , Phase One , maintenance bonds for the public improvements
constructed for a period of 2 years , and ;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein
for Natures Trail, Phase One are hereby accepted for public maintenance subject to
the bond posted; and authorizes Mayor Timothy M. Kant to execute the Maintenance
and Guaranty Agreement between the City of Fairhope and Smart Living , LLC (the
"Subdivider").
Adopted this 12th day of January , 2015
Attest:
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12 January 2015
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope does hereby consent
and agree to the transfer and assignment of the Municipal Lease with Fairhope
Yardarm Restaurant and Marina Inc. to Ricci Company, LLC. Pursuant to Section 6
of said lease dated February 14, 2007 . Seconded by Councilmember Ford, motion
passed unanimously by voice vote. Mayor Kant said the buyer knows he will have to
renegotiate when the lease comes up for renewal.
RESOLUTION NO. 2312-15
WHEREAS, the City of Fairhope has an executed Municipal Lease with Fairhope Y ardann
Restaurant and Marina lnc. for that portion of the Fairhope Municipal Pier upon which the
Yardann Restaurant and building, deck, and the marina potion of the Fairhope Municipal Pier
now known as the Fairhope Marina are presently situated; and
WHEREAS, Fairhope Yardarm Restaurant and Marina Inc. desires to transfer and assign said
lease to Ricci Company, LLC, who has a contract to purchase the restaurant and the leasehold
interest; and Section 6 of our Municipal Lease Agreement reads:
Lessee may not assign or transfer this lease, or any interest herein , without the written
consent of Lessor, but the Lessor will not unreasonably withhold its consent to said transfer.
Lessee shall have the right to assign or transfer this lease , or any interest herein , for such
consideration and under such terms as may be deemed reasonable and appropriate to the
Lessee , with the written consent of the Lessor. Lessee shall have the right to sublet a
portion of the premises leased herein as Lessee sees fit , provided lease complies with all
City ordinances and State laws applicable hereto , and further provided Lessee obtains the
written consent of Lessor. Neither this lease nor the leasehold estate of Lessee nor any
interest of Lessee hereunder in the demised premises or any buildings or improvements
thereon shall be subject to involuntary assignment, transfer, or sale or to assignment,
transfer or sale by operation of law in any manner whatsoever. The ownership of the
existing Yardarm Restaurant building, including the deck and all additions and
improvements thereto will belong to the Lessor at the end of the lease period .
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the City of Fairhope does hereby consent and agree to the transfer and
assignment of Fairhope Yardann Restaurant and Marina, Inc. to Ricci Company, LLC .
DULY ADOPTEDTHlS 12TH DAY OF JANUARY,2015
~
City Clerk
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12 January 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to Purchase five (5) Scoreboards for Founders
Park for the Recreation Department off The Cooperative Purchasing Network
("TCPN") contract and therefore does not have to be let out for bid with a cost of
$22 ,260 .00. Seconded by Councilmember Boone , motion passed unanimously by
voice vote.
RESOLUTION NO. 2313-15
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 five (5) Scoreboards for Founders
Park for the Recreation Department and the requested items are available for direct
procurement through The Cooperati ve Purchasing Network ("TCPN") Contract. The
cost is $22,260.00.
Adopted on this 12th day of January, 2015
Attest:
~4i/cL
City Clerk
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution , a resolution to Award Bid for City Sketches Printing 2015
(Bid No. 001-15) with the total bid proposal of $.95 per copy up to 9,000 copies.
Seconded by Councilmember Mueller , motion passed unanimously by voice vote.
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12 January 2015
RESOLUTION NO. 2314-15
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 the Printing of
City Sketches 2015 (Bid Number 001-15) 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
the Printing of City Sketches 2015
[3] After evaluating the bid proposals with the required bid specifications,
Formsystems, Inc., d/b/a FSI Group, with the total bid proposal of $.95 per copy, up
to 9,000 copies, is now awarded the bid for the Printing of City Sketches 2015.
Adopted on this 12th day of January, 2015
Attest:
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12 January 2015
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12 January 2015
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6665
Councilmember Boone introduced in writing , and moved for the adoption of
the following resolution , a resolution to Purchase four (4) Vehicles for the Police
Department off the Alabama State Purchasing bid list and therefore does not have to
be let out for bid with a total cost of $117,818.56. Seconded by Councilmember
Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 2315-15
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 four (4) Vehicles 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
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12 January 2015
[2] The following IS the Alabama State Department of Purchasing contract
information:
Bid Number: T191L Contract Number: 4012863
2015 Chevy Tahoe SUV Vehicle Cost is $29,454.64 each
Total Cost for Four is $117,818.56
Adopted on this 12th day of January, 2015
Attest:
qtr£~L
City Cler
Councilmember Brewer introduced in writing and moved to amend the
resolution that the City Council hereby adopts and approves the Mission Statement
for the Pedestrian and Bicycle Committee for the City of Fairhope and the Rules to
govern its operation by adding "The Committee shall meet no less than once per
quarter." Seconded by Councilmember Boone , motion passed unanimously by voice
vote .
Councilmember Brewer moved for final adoption of the following resolution,
a resolution that the City Council hereby adopts and approves the Mission Statement
for the Pedestrian and Bicycle Committee for the City of Fairhope and the Rules to
govern its operation as amended. ·Seconded by Councilmember Mueller, motion
passed unanimously by voice vote.
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12 January 2015
RESOLUTION NO. 2316-15
BE IT RESOLVED BY TH E GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA , hereby adopts and approves the Mission Statement for the Pedestrian and Bicycle
Committee for the City of Fairhope and the following rules are set forth to govern its operation:
Section 1.
Section 2.
Section 3.
Section 4.
Attest:
MISSION STATEMENT--The Mission of Fairhope Pedestrian and Bicycle
Committee, an advisory committee of the Fairhope City Council, is to
promote public health and safety through Americans with Disabilities Act
(ADA)-compliant transportation and recreation facilities , and to make
walking, bicycling, and other non-vehicular movement safe, accessible, and
convenient for all. The committee seeks to achieve this through planning,
advocacy, and education, and by making recommendations to the Fairhope
City Council regarding ordinances , programs, policies, and funding priorities
related to bicycling and walking.
MEMBERSHIP--The Committee shall consist of eight members, appointed
by the City Council , and one City Council liaison.
VACANCIES --Any vacancy in the membership shall be filled by
appointment by the City Council at the recommendation of the City Council
liaison.
RULES OF PROCEDURE--The Committee shall :
A. Elect a Chairperson, and Acting Chairperson (to serve in the
absence of the Chairperson), and a Secretary. Each will serve
for one year or until re-elected or a successor is elected.
B. All meetin gs shall be open to the public. Meetings will be held
regularl y at intervals and on dates determined by the committee .
The Committee shall meet no le s s than once per quarter.
C . A majority of committee members must be present to constitute
a quorum of regular and special meetings .
ADOPTED ON THIS 12TH DAY OF JANUARY, 2015
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12 January 2015
Councilmember Brewer moved to grant the request of Pat Lee with Children
of the World , Inc. requesting permission to use the streets of Fairhope for their 19th
Annual Chinese New Year Parade on February 21, 2015 at 1 :00 p.m. (Section Street,
De La Mare Avenue , Church Street , and Fairhope Avenue). Seconded by
Councilmember Boone , motion passed unanimously by voice vote.
Councilmember Brewer moved to approve the Education Advisory
Committee recommendations for the school funding of the five Fairhope schools in
the amount of $346 ,852.00. Seconded by Councilmember Mueller , motion passed
unanimously by voice vote.
Heiko Einfeld , Director of the Eastern Shore Chamber of Commerce ,
addressed the City Council and gave an update on the Chamber. He mentioned an
expansion in database for distribution , increase in membership , the "Only in
Fairhope" advertisement during Christmas , and still promoting the Fairhope Arts and
Crafts Festival which is their largest annual event.
Erik Cortinas addressed the City Council on behalf of the Fairhope Booster
Club and announced the annual Pancake Breakfast on January 24, 2015. He also
mentioned the Fairhope Basketball Team will be playing this weekend: Fairhope vs.
McGill Toolen.
Councilmember Boone moved to adjourn the meeting. Seconded by
Councilmember Brewer, motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 6:40p.m.
~~/ tsa A. anks , MlVfC
City Cle