HomeMy WebLinkAbout03-24-2014 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, 24 March 2014.
6450
Present were Council President Jack Burrell , Councilmembers: Rich Mueller,
Diana Brewer, Michael A. Ford (arrived at 6:11 p.m.), and Kevin Boone (arrived at
6:11 p.m.), Mayor T imothy M. Kant (arrived at 6:11 p.m.), City Attorney Marion E.
Wynne , and City Cl erk Lisa A. Hanks.
There being a quorum present , Council President Burrell called the meeting to
order at 6:10 p.m. The invocation was given by Judson Shores , Associate Pastor of
Celebration Church , and the Pledge of Allegiance was recited. Councilmember
Brewer moved to appro ve minutes of the 6 March 2014 , regular meeting; minutes of
the 6 March 2014 , wo rk session; and minutes of the 6 March 2014 , agenda meeting.
Seconded by Councilmember Mueller, motion passed unanimously by voice vote.
Council President Burrell stated there was a need to add on an agenda item
after Agenda Item Number 17; a request by Gene Bouchillon, Bouch's Cigar,
approval for street clo sure of Bellangee Avenue on March 28 , 2014 from 5:00p.m.
until10:00 p.m . with barricades placed at Section & Bancroft & Belangee.
Councilm emb er Mueller moved to add on the above mentioned item not on
the printed agenda. Seconded by Councilmember Brewer, motion passed
unanimously by voic e vote.
Councilmember Ford said he wanted to vote on the Knoll Park Committee
members tonight, but the rest of the Councilmembers did not feel comfortable to vote
on these tonight. Councilmember Ford said he would put off the appointments until
the next meeting . He said the other committee members did not want to prepare the
bylaws or make deci sion s regarding the park until all appointments were made.
Mayor's addr es sed the City Council regarding the following items:
1) Arts & Crafts Festival -this year was the first ran out in 31 years, the
artis t and merchants did well; thanked PNC Bank for being sponsor for
event;
2) East ern Shore Chamber of Commerce -President/CEO Darrelyn
Bend er is stepping down ; and will be setting up a committee for her
predecessor. He said we should thank Ms. Bender for her 18 years
with th e Eastern Shore Chamber ; and said the Council should present
and s ign either a resolution or proclamation for her service to our
community; and
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24 March 2014
3) Recognized Tristan Holloway who was in attendance working on his
Life Ranking requirements for a "Life Scout."
Councilmember Ford addressed the City Council and told everyone to visit
Greers. He mentioned they did not have a Key to the City anymore; and that we
should replace the Key to the City. We should have a program for businesses that
have been here a long time.
Councilmember Boone addressed the City Council and commented on the
Harbor Board and their work. He said once the marina is updated it should be an
asset to the City .
items:
Council President Burrell addressed the City Council regarding the following
1) Attended the race in Mobile and presented a Key to the City to Grant
Enfinger who represents the City very well; and he went on to win the
race at Mobile International Speedway for the second year in a row;
2) Four out of the five Councilmembers plus the Mayor went to the
National League of Cities and visited our Congressmen and Senators;
and said he appreciated them for going.
3) He read a letter from Senator Jeff Sessions who thanked him for
meeting with him and sharing the plans for the 108 acre Nature
Reserve and Park which will undoubtedly contribute to the quality of
life and environment in and around Mobile Bay; and for the need of
the United States Army Corps ofEngineers to dredge to facilitate boat
traffic.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Boone introduced in writing an
ordinance to amend Article III Zoning Districts, Section B. Allowed Uses; Table 3-1:
Use Table to show Multiple-Family/Apartment as an allowed use permitted only on
appeal and subject to special conditions in the B-3a Tourist Resort Lodging and B-3b
Tourist Resort Commercial Service zoning district. 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.
Council President Burrell opened the Public Hearing at 6:28 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:28p.m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the April 14 , 2014 City Council meeting.
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24 March 2014
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution to Award Bid for Fairhopers Community Park
Renovations (New Pavilion) for the Recreation Department (Bid No. 012-14 and
Project No. PWOOS-13 ) with a total bid proposal of $31 ,686.00. Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
RESOLUTION NO. 2193-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope, by and through Walcott Adams Vemeuille, Project
Engineer, did request, receive, and open bids for Fairhopers Community Park
Renovations (New Pavilion) for the Recreation Department (Bid No. 012-14 and
Project No. PWOOS-1 3).
[2] At the appointed time and place , the following bids were opened and tabulated as
follows:
Please see attached Bid Tabulation for
Fairhopers Community Park Renovations (New Pavilion)
[3] After evaluating the bid proposals with the required bid specifications, East Coast
Contracting, Inc., with the total bid proposal of $31,686.00, is now awarded the bid
for Fairhopers Community Park Renovations (New Pavilion).
Ado pted on this 24th day of March, 2014
Attest:
24 March 2014
City of F~rtlope, AI
QuotH bY O.llvery
PROJECT NO. PWOQt;.U
PROJECT NAME: COMMUNITY PARK RENOVATIONS FOR THE RECREATION DEPARTMENT
BID .NO. 012-14(FIIrtloptrs Community Park Renovttlon• (A New Ptvillod}
OPENED: 2-27-U J:Oil p.m.
j !
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Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope hereby authorizes and
consents to the transfer of ownership, maintenance, and responsibility for County
Road 13 from Mosley Road to County Road 24 from Baldwin County; that the
Mayor, City Clerk , and other City officials are hereby authorized to execute and
deliver such documents or agreements to Baldwin County as necessary or requested
to carry out the intent of this Resolution; and that Baldwin County hereby warrants
that it shall resurface (one time) that portion of County Road 13 with a minimum 1
and 1/2 inch overlay running approximately 1 mile from Mosley Road to Fairhope
Avenue within the next thirty-six months commencing upon the full execution ofthe
Agreement. The motion was seconded by Councilmember Mueller. Mayor Kant
stated this is a good step for the City to have control over this road which is in the
heart of our growth area. We would have more say over this road such as the speed
near the soccer complex and the ability to make sure it follows our Complete Streets
policy. After further discussion, motion passed unanimously by voice vote.
24 March 2014
RESOLUTION NO. 2194-14
AUTHORIZING AND CONSENTING TO THE TRANSFER OF
OWNERSHIP, MAINTENANCE, AND RESPONSIBILITY
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FOR COUNTY ROAD 13 FROM MOSLEY ROAD TO COUNTY ROAD 34
FROM BALDWIN COUNTY TO THE CITY OF FAIRHOPE
WHEREAS , a certain portion of County Road 13 running from Mosley Road to
County Road 34 , which is approximately 3.5 miles in length (hereinafter "County
Road 13"), is partially inside the corporate limits of the City of Fairhope and partially
in the unincorporated area of Baldwin County; and
WHEREAS, the City of Fairhope desires to take over sole and exclusive ownership,
control , manag ement, supervision, regulation, repair, maintenance , improvement, and
responsibility for County Road 13 to facilitate the orderly development of this area of
the City of Fairhope in its corporate limits and exclusive police jurisdiction and to
facilitate the development of property owned by the City of Fairhope in this area; and
WHEREAS , the City of Fairhope has found and determined that taking over sole and
exclusive ownership, control, management, supervision, regulation, repair,
maintenance , improvement, and responsibility of County Road 13 is in the best
interest of the City of Fairhope; and
WHEREAS , the City of Fairhope has the legal authority to carry out the intent of this
resolution pursuant to Code of Alabama, Section 11-49-80 and other state laws and
constitutional amendments;
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of
Fairhope, Alabama, as follows:
Section 1. That the City of Fairho pe hereby agrees to accept and take over from
Baldwin County the so le and exclusive ownership, control, management, supervision,
regulation , repair , maintenance, improvement, and responsibility of County Road 13
running approximately 3.5 miles from Mosley Road to County Road 34 ("County
Road 13").
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24 March 2014
Section 2. That the Mayor, City Clerk, and other City officials are hereby authorized
to execute and deliver such documents or agreements to Baldwin County as are
necessary or requested to carry out the intent of this Resolution.
Section 3. That Baldwin County hereby warrants that it shall resurface (one time) that
portion of County Road 13 with a minimum 1 and Yz inch overlay running
approximately 1 mile from Mosley Road to Fairhope A venue within the next thirty-
six months commencing upon the full execution of the Agreement.
Section 4. If any part, section or subdivision of this resolution shall be held to be
illegal , invalid or unenforceable for any reason, such holding shall not be held or
construed to invalidate or impair the remaining provisions of this resolution which
shall continue in full force and effect notwithstanding such holding.
Adopted and approved this 24th day of March, 2014
CITY OF FAIRHOPE
ATTEST:
~&~
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
Neel-Schaffer for Engineering Services for Traffic Operations and Planning Report
Upgrade (RFQ No. PS005-14); and hereby authorizes Mayor Timothy M. Kant to
negotiate the fee schedule. Seconded by Councilmember Boone, motion passed
unanimously by voice vote.
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24 March 2014
RESOLUTION NO. 2195-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council approves the selection of Neel-
Schaffer for Engineering Services for Traffic Operations and Planning Report
Upgrade (RFQ No. PS005-14); and hereby authorizes Mayor Timothy M. Kant to
negotiate the fee schedule.
Adopted on this 24th day of March, 2014
Attest:
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution authorizing the submission of the FY 2014
Transportation Alternatives Program Grant to the Alabama Department of
Transportation to Construct Sidewalk and Trail Facilities for Pedestrians; and
authorizing Mayor Timothy M. Kant to sign all required grant application documents
on behalf of the City. The motion was seconded by Councilmember Boone. Stacy
McKean addres sed the City Council and explained the TAP Grant. She stated before
we apply for the grant the local branch of the Alabama Department of Transportation
must sign off on the project. Ms. McKean said this was a $500,000 grant with a 20
percent match of $100,000 by the City of Fairhope. After further discussion, motion
passed unanimousl y by voice vote.
*
*
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24 March 20 14
RESOLUTION NO. 2196-14
AUTHORIZING THE SUBMISSION OF AN
FY 2014 TRANSPORTATION ALTERNATIVES PROGRAM GRANT TO
THE ALABAMA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT
SIDEWALK AND TRAIL FACILITIES FOR PEDESTRIANS
WHEREA S, the Alabama Department of Transportation (ALDOT) is accepting applications
from municipal govern me nt s for FY 2014 Transportation Alternatives Program (TAP)
Grants ; and
WHEREA S, th e City of Fairhop e has identified the need to provide new sidewalk and trail
facilities to provid e safe routes to non-drivers along US Route 98/State Route 42 linking to
State Route I 04 and Section Street; and
WHEREA S, the total project cost is estimated at $500 ,000 , and if funded , the grant will pay
80% or $400,000 and the City of Fairhope will be responsible for providing 20% or
$1 00 ,000 ; and
WHEREA S, if funded, the City will be responsible for paying 100% of engineering design
fees; and
WHEREA S, if fu nded , the C ity will see this project through to completion and will be
responsibl e for providing long-term maintenance ofthe new facilities ;
THEREFORE, BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION
ASSEMB LED, that by this Reso lution the City of Fairhope authorizes submission of aT AP
Grant to ALDOT requesting funds to construct new pedestrian facilities.
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sign all
required grant application documents on behalfofthe City.
DULY ADOPTE D THIS 24TH DAY OF MARCH, 2014
Attest:
~.U'L
City Clerk
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24 March 2014
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant is hereby
authorized to execute the Third Amendment to the Water Tower Lease Agreement
dated July 5, 2005, between the City of Fairhope and Verizon Wireless located at 590
Marshon Street. Seconded by Councilmember Mueller, motion passed unanimously
by voice vote.
RESOLUTION NO. 2197-14
WHEREAS, this Third Amendment, dated March 24, 2014, is entered into by the City of
Fairhope, Alabama, an Alabama Municipal Corporation, hereinafter referred to as "Lessor",
and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, hereinafter
referred to as "Lessee;" and
WHEREAS, the Lessor and Lessee entered into a "Water Tower Lease Agreement" dated
July 5, 2005 and such Agreement remains in effect; and
WHEREAS, the Lessor and Lessee desire to modify the Agreement in order to document
Lessee's authorization to install and maintain antennas, lines and ground equipment to
support the antennas and lines; and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that
Mayor Timothy M. Kant is hereby authorized to execute the Third Amendment to the Water
Tower Lease Agreement dated July 5, 2005, between the City of Fairhope and Verizon
Wireless.
Adopted this 24th Day ofMarch, 2014
Attest:
City Clerk
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant is hereby
authorized to execute the First Amendment to the Water Tower Lease Agreement
dated June?, 1996, between the City ofFairhope and Verizon Wireless located "PCS
Site" off Fairhope A venue. Seconded by Councilmember Mueller, motion passed
unanimously by voice vote.
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24 March 2014
RESOLUTION NO. 2198-14
WHEREAS, this Amendment, dated March 24, 2014, is entered into by the City of Fairhope,
Alabama, an Alabama Municipal Corporation, hereinafter referred to as "Lessor", and
Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, hereinafter referred
to as "Lessee" and,
WHEREAS , the Lessor and Lessee entered into a "PCS Site Lease Agreement" dated June 7,
1996 and such Agreement remains in effect; and,
WHEREAS, the Lessor and Lessee desire to modify the Agreement in order to document
Lessee's authorization to install and maintain antennas, tower mount amplifiers, coax lines
and ground equipment to support all of the listed equipment; and
WHEREAS, the Lessor and Lessee also desire to modify the Agreement under Notices,
Paragraph 8, to provide Lessee's notice address; and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that
Mayor Timothy M. Kant is hereby authorized to execute Amendment No. 1 to the Water
Tower Lease Agreement dated June 7, 1996, between the City of Fairhope and Verizon
Wireless.
Adopted this 24th Day of March , 2014
Attest:
~~ City Cler
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 and trees located in public right-of-ways
within Saddlewood Subdivision, Phase I, for maintenance and authorize Mayor
Timothy M. Kant to execute the Maintenance and Guaranty Agreement between the
City of Fairhope and LA Development, LLC. Seconded by Councilmember Mueller,
motion passed unanimously by voice vote.
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24 March 2014
RESOLUTION NO. 2199-14
WHEREAS, the Owners of Saddlewood Subdivision , Phase I, 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 2500-E, and all Fairhope
public utilities and trees 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 as indicated on the recorded plat ,
and ;
WHEREAS , the Public Works Director has indicated that the improvements meet
City requirements , and ;
WHEREAS , the City of Fairhope , Alabama, is not and in no manner will be
responsible for the maintenance of common areas in the subdivision as indicated on
the recorded plat, and ;
WHEREAS , the City of Fairhope , Alabama, has received from the owners of
Saddlewood maintenance bonds for the public impro vements 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 improv ements indicated herein
for Saddlewood Subdivision, Phase I, are hereby accepted for public maintenance
subject to the bond posted; and au thorizes Mayor Timothy M. Kant to execute the
Maintenance and Guaranty Agreements between the City of Fairhope and LA
Development, LLC (the "Owners").
Adopted , this 24th day of March, 2014
Attest:
City Clerk
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24 March 2014
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution, a resolution to Purchase a Ford F-250 Truck for the Gas
Department off the Alabama State Department Purchasing Bid list and therefore does
not have to be let out for bid with a cost of$21 ,799 .00 . Seconded by Councilmember
Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 2200-14
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 Ford F-250 Truck for the Gas
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: T191A Contract Number: 4012708
Ford F-250 Truck Total Cost is $21,799.00
Adopted on this 24th day of March, 2014
Attest :
~ City Cler
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution that Timothy M. Kant is hereby authorized to
execute a Contract for Engineering Services for Morphy A venue Sidewalk from
Thompson Hall Road to Hawthorne Circle with Preble-Rish, LLC for RFQ No .
PS004-15 with a cost not to exceed $62 ,900 .00. Seconded by Councilmember
Boone , motion passed unanimously by voice vote.
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24 March 2014
RESOLUTION NO. 2201-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Contract for Engineering Services for Morphy A venue Sidewalk from
Thompson Hall Road to Hawthorne Circle with Preble-Rish, LLC for RFQ No.
PS004-14 with a cost not to exceed $62,900.00.
DULY ADOPTED THIS 24TH DAY OF MARCH, 2014
Attest:
City Clerk
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Timothy M. Kant is hereby
authorized to execute a contract with Eastern Shore Repertory Theatre, Inc. allowing
the company to use the Henry George Bluff from April 28, 2014 through May 3,
2014 for performances on May 2nd and May 3rd; and also allow the company to use
the City's stage and barricades and to permit City employees to assist in the setup and
removal of these; and the Council hereby determines that the expenditures involved
serve a valid and sufficient public purpose in that they will promote the City and will
display the City in a positive light to the general public and especially to those
community members supporting theatre and the arts. Eastern Shore Repertory
Theatre, Inc. will pay a one-time $50.00 fee for use of the electrical box and $150.00
for each day in the park; for a total rental fee of $950.00; and any security fees
applicable. Seconded by Councilmember Boone, motion passed unanimously by
voice vote.
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24 March 2014
RESOLUTION NO. 2202-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
That Mayor Timothy M. Kant is hereby authorized to execute a contract with Eastern
Shore Repertory Theatre, Inc., an Alabama corporation , allowing the company to use
the Henry George Bluff from April 28, 2014 through May 3, 2014 for performances
to be held on May 2nd and May 3rd. The contract will also allow the company to use
the City's stage and barricades and to permit City employees to assist in the set up
and removal of the stage and barricades.
The Council hereby determines that the expenditures involved in this matter serve a
valid and sufficient public purpose in that they will promote the City and will display
the City in a positive light to the general public and especially to those community
members supporting theatre and the arts. Fairhope has a local and national reputation
as a community that supports the arts. This expenditure will further that reputation.
Eastern Shore Repertory Theatre, Inc. will pay a one-time $50.00 fee for use of the
electrical box and $150.00 for each day in the park; for a total rental fee of $950.00;
and any security fees applicable.
Adopted on this 24th day ofMarch, 2014
Attest:
City Clerk
Council President Burrell announced that the City Council would look at the
schools' proposals school by school and then vote on a total amount. After reviewing
each school's proposal, the following are the approved amounts based on the
recommendation from the Education Advisory Committee and City Council's review:
Fairhope High School
Fairhope Middle School
Fairhope Intermediate School
J. Larry Newton School
Fairhope Elementary School
$67,000
$18,500
$63,000
$41,920
$53 ,000
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24 March 2014
Councilmember Mueller moved to approve the amended proposals and
recommendations from the five Fairhope schools; and change the amount from
"$242 ,600 " of the approved items to "$243 ,420 ." Seconded by Councilmember
Boone , motion passed unanimously by voice vote.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution as amended , a resolution that the City Council hereby
approves and adopts the recommendations from the Education Advisory Committee
regarding the proposals from the following schools for use of the appropriated funds :
Fairhope Elementary , Fairhope Intermediate , Fairhope Middle , Fairhope High, and J.
Larry Newton. Seconded by Councilmember Mueller, motion passed unanimously
by voice vote .
RESOLUTION NO. 2203-14
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves and adopts the
recommendations from the Education Advisory Committee regarding the proposals
from the following schools for use of the appropriated funds: Fairhope Elementary ,
Fairhope Intermediate , Fairhope Middle , Fairhope High, and J. Larry Newton. The
recommendation is to approve $243 ,420.00 of the items proposed and leave the
remaining $106 ,580 .00 appropriated pending further review.
Adopted on this 24th day of March, 2014
Attest:
~ft
City Cler
City Council reviewed an application for a Beer/Wine Off-Premises License
by C. Chase Corte for Chasing Fresh, LLC , d/b/a Chasing Fresh , located at 19176
State Highway 181 , Fairhope , Alabama. Councilmember Brewer moved to approve
the issuance of the license. Seconded by Councilmember Ford , motion passed
unanimously by voice vote.
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24 March 2014
Councilmember Boone moved to grant the request of Gene Bouchillon,
Bouch 's Cigar, approving for street closure ofBellangee Avenue on March 28, 2014
from 5:00 p.m. until 10 :00 p.m. with barricades placed at Section & Bancroft &
Belangee. Seconded by Councilmember Brewer, motion passed unanimously by
voice vote.
Paul Ripp , 22985 High Ridge Road , addressed the City Council regarding
merit raises for employees , budget highlights , and the purchase of the Dyas property.
He mentioned the April 8, 2013 City Council meeting and read ex cerpts of the
minutes .
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 7:26p.m.
~;£jL~
City Clerk