HomeMy WebLinkAbout10-23-2000 Regular Meeting2561
STATE OF ALABAMA )(
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
5:30 p.m.; Fairhope Municipal Complex Council Chamber;
161 North Section Street, Fairhope, Alabama 36532; on
Monday. 23 October 2000.
Present were Mayor Timothy M. Kant, Councilmember: Robert C. Gentle,
Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City
Attorney Marion E. Wynne and City Clerk Geniece W. Johnson. No one was
absent.
There being a quorum present, Mayor Kant called the meeting to order.
Councilmember Christenberry moved to approve minutes of the 09 October 2000,
regular session. Seconded by Councilmember Quinn, motion passed
unanimously.
Mayor Kant moved to hear the request of the Fairhope High School Band
next. Mr. Sims, Band Director of the Fairhope High School Band, addressed the
City Council requesting funds for the Fairhope High School Band Uniforms. Mr.
Sims did not know the exact amount of the uniforms at the present time.
Councilmember Gentle inquired if the old uniforms could be sold? Mr. Sims
expressed that in the past the old uniforms had been sold, and passed down to the
Middle School Band. Mr. Sims stated that the students have held several
fundraisers to get the uniforms in the past, but Mr. Sims did not want to do a great
deal of fundraisers this year. Mr. Sims also expressed that he may have another
source that may help with the band uniforms. After further discussion,
Councilmembers expressed that this request should be taken under consideration,
and the exact cost of the uniforms should be given. Mayor Kant assigned the
Finance Committee to met with Mr. Sims to discuss the exact cost of the uniforms
and to report back to the City Council at the next regular session.
Councilmember Ford introduced in writing Ordinance No. 1095. An
ordinance amending Ordinance No. 779, authorizing the use of the Draeger Alco
Test 7110 MK III by the Police Department. No one present was opposed to the
amendment. In order to take immediate action Councilmember Quinn moved to
suspend the rules. Seconded by Councilmember Anders, motion to suspend the
rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant,
Anders, and Christenberry. NAY -None. Councilmember Ford then moved for
final adoption of Ordinance No. 1095. Seconded by Councilmember Quinn,
motion for final adoption passed unanimously by the following vote: AYE -Gentle
Ford, Quinn, Kant, Anders, Christenberry. NAY -None.
2562
23 October 2000
Councilmember Quinn introduced in writing Ordinance No. 1096. An
ordinance to change the structure of the electric rates. No one present was
opposed to the amendment. In order to take immediate action Councilmember
Anders moved to suspend the rules. Seconded by Councilmember Quinn, motion
to suspend the rules passed unanimously by the following vote: AYE -Gentle,
Ford, Quinn Kant, Anders, and Christenberry. NAY -None. Councilmember
Quinn then moved for final adoption of Ordinance No. 1096. Seconded by
Councilmember Anders, motion for final adoption passed unanimously by the
following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry.
NAY -None.
Councilmember Anders introduced in writing, and moved for the adoption
of the following resolution. Seconded by Councilmember Ford, motion passed
unanimously.
RESOLUTION NO. 720-00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby
authorized to execute an amendment to the lease dated 28 June 1995,
between the CITY OF FAIRHOPE, Acting through its FAIRHOPE
AIRPORT BOARD, and TELEDYNE CONTINENTAL MOTORS, a
division of Teledyne Industries, Inc. This lease will be extended for five
(5) years, beginning on December 1, 2000 and ending on November 30,
2005, with the renewal options remaining the same, and the rent is to
remain the same at $7,000.00 per month.
Adopted this 23`d day of October , 2000.
c
jl)iothy . Kan , Mayor
Attest:
Geniece W. Johnsov, i y Clerk
Councilmember Ford introduced in writing, and moved for the adoption of
the following resolution. Seconded by Councilmember Quinn, motion passed
unanimously.
23 October 2000 2563
Resolution No. 721 A-00
WHEREAS, the City of Fairhope is hereby awarded a $10,000.00 grant to conduct a
program to promote and increase participation in recycling; and
WHEREAS, the City of Fairhope is hereby required to provide an non-federal
contribution or in -kind match of at lease 20% of the subgrant award expended, up to a
total of $2,000.00; and
WHEREAS, the City of Fairhope shall commence performance of this agreement on
October 1, 2000, and shall complete performance to the satisfaction of ADECA not later
than September 30, 2001; and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIR.HOPE ALABAMA, THAT Mayor Timothy M. Kant is hereby authorized to
execute an Agreement between the City of Fairhope and Alabama Department of
Economic And Community Affairs, Science, Technology and Energy Division (ADECA-
STED).
Duly Adopted this 23rd Day of October , 2000.
4c
Tiothy Kantt Mayor
Attest:
Geniece W. Johnson, City Cler
23 October 2000
Resolution No. 721-000
2564
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 between the City of Fairhope and the
Eastern Shore Marine.
• In concern of water quality, and in conjunction with the U.S. Fish and Wildlife Service and
ADEM, the City of Fairhope has installed a marine pump out station to pump out boat sewage to
help deter illegal release of boat sewage into area waters.
• The pump out station is located on city property at the Fish Docks location, 850 Sea Cliff Drive.
• Signage will be placed at this location advertising the pump out station
• The pump out unit is stationary and token operated
• The tokens will be available at Eastern Shore Marine at the above mentioned address during their
normal hours of operation (Monday - Sunday, 8:00 am - 5:00 pm) November through March are
off peak hours, Monday - Friday, 8:00 am - 5:00 pm.
• The pump out fee per token will be $5.00
• Pump flow rate will be set at approximately 30 gallons per minute with pump out time per token
set at five (5) minutes.
• Eastern Shore Marine will sale each token and will retain $2.50 of each sale, to be handled as
follows:
Attest
An agent of the City of Fairhope will check the token accepted on or about the I" of
every month and remove the tokens. At this time, the tokens will be turned back in to
Eastern Shore Marine. An agent of Eastern Shore Marine will at this time release a
check, payable to the City of Fairhope, in the amount of $2.50 per token.
An agent of Eastern Shore Marine will be expected to report to the City of Fairhope any
maintenance requirement of the pump or token acceptor.
DULY ADOPTED THIS 23,d DAY OF October , 2000.
4c
ithy M. ant, yor
Geniece W. Johnson, City r
Councilmember Anders introduced in writing, and moved for the adoption
of the following resolution. Seconded by Councilmember Gentle, motion passed
unanimously.
23 October 2000
RESOLUTION NO. 722-00
2565
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, THAT THE FOLLOWING 2000 HOLIDAYS
WILL BE OBSERVED BY ALL CITY PERSONNEL EXCEPT
EMERGENCY EMPLOYEES:
` aa4dq4� - `Aaudaiy a 191%wmZe4.23 9 24
(?h4i OW4 - q4idr.,qP 22 Hoorn `becewt&4.25
Nees qlea a _` 5&9y - Moru4y, �aou"
Ma4i,ia 2"44" K4y, �,% - Mordajo, �ca" f5
DULY ADOPTED THIS 23RD DAY OF OCTOBER , 2000.
im thy M. ant, ayor
Attest:
Geniece W. Johnso , ity Clerk
Councilmember Christenberry introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember Ford, motion
passed unanimously.
23 October 2000
RESOLUTION NO. 723-00
2566
WHEREAS, a contract shall be executed between the City of Fairhope and the
Boys' and Girls' Club of Fairhope, making an appropriation of $30,000.00
WHEREAS, the term of said contract shall be for one (1) year, beginning 1
October 2000 and ending 30 September 2001; but the contract shall be cancelled
at any time upon notice.
WHEREAS, payment shall be made quarterly in the amount of $2,500 from the
three Utility Funds of the City of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized
to sign a contract between the City of Fairhope and the Boys' and Girls' Club of
Fairhope.
DULY ADOPTED THIS 23rd DAY OF October , 2000.
Vv, - 1� vim
Ti—'
othyT
Ka, Mayor
Attest
Councilmember Quinn introduced in writing, and moved for the adoption
of the following resolution. Seconded by Councilmember Gentle, motion passed
unanimously.
23 October 2000
Resolution No. 724-000
2567
WHEREAS, the Owners of Rock Creek Phase 7 desire to have all public streets
and right-of-ways dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama found on Slide 2008 E and Slide 2008 F accepted for
maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama accepts all public streets, and utilities
located in easements and right-of-ways, 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 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 Rock
Creek Phase 7 a maintenance bond for the public improvements constructed for
a period of 2 years from the date of the approval of this Resolution;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA that the public improvements for Rock Creek Phase
7 are hereby accepted for public maintenance subject to the bond posted.
Adopted, this 23rd day of October , 2000
r
Ti onthy yor
Attes
Geniece W. JohnsooeMty Clerk
Council reviewed an application for a Restaurant Liquor License, by
Harold W. Watson, dba Down By the Bay Cafe, located at 4 Beach Road,
Fairhope, Alabama. Councilmember Anders moved to approve the issuance of the
license. Seconded by Councilmember Quinn, motion passed unanimously.
2568
23 October 2000
Council reviewed Change Order # 1 by Brown Brothers, increasing the
Country Woods Sewer Assessment Project by $5,036.00. (This Change Order was
originally addressed 25 September 2000) Mr. John Avent with Engineering Development
Service LLC addressed the City Council and explained that a detail accounting has
been conducted. The following four (4) items were out of scope:
• Item # 31 Remove 8" PVC gravity sewer main $1,100.00
• Item #32 Relay 8" PVC gravity sewer main $1,760.00
• Item #33 18" polyethylene pipe $ 800.00
• Item #35 Electrical service to pump station $3,600.00
Dan McCrory, Water/Sewer Department Superintendent, addressed the
City Council expressing that the citizens of Country Woods Subdivision should
not have to pay the expense of item # 31, and 32. The additional cost of $636.00
was incurred when the contractors accidentally hit and replaced a water line. After
further discussion, Councilmember Gentle moved to delete item #31 and item #
32, but pay the balance of item # 33 and item #35. The total change order amount
shall be $ 4,400.00. Seconded by Councilmember Ford, motion passed
unanimously.
Mr. John Bridges addressed the City Council requesting two stop signs on
Johnson Avenue at the intersection of Call Street. Mr. Bridges presented a
petition of the residents of Johnson and Call Street. Mayor Kant assigned this
request to the Street Committee to research and report back at the next regular
session. Councilmember Quinn asked the Council to think about the following:
Traffic study for the city, flashing yellow light at the intersection of Ingleside
Street and Fairhope Avenue. It was also expressed that the Police Department
should make an accretive effort to slow people down in Fairhope.
Councilmember Ford moved to grant the Eastern Shore Optimist Club's
request to use the City's property next to the old Regions Bank building on North
Section Street, for their 271" annual fund raising Christmas tree sale. Seconded by
Councilmember Christenberry, motion passed unanimously.
Mr. Terry Newman with the Baldwin County Education System addressed
the City Council requesting funds to pay the salary of one nurse for Fairhope
Schools from November 1, 2000 to the end of this school year. Mr. Newman gave
a lengthy discussion as to why Baldwin County School System is not paying for
school nurses and why there are only three nurses at the present time. Mr.
Newman also expressed that this would not be an entitle issue. The City would
not be responsible for any benefits nor liability. The School Board would be paid
Nineteen Thousand Dollars ($19,000.00) not an individual. Councilmember
Anders moved to grant the request. Seconded by Councilmember Gentle, motion
passed unanimously.
2569
23 October 2000
Councilmember Anders reported on Mr. James W. Miller's request to erect
a directional sign on the corner of Fairhope Avenue and Courthouse Drive.
Councilmember Anders reported the following:
The Fairhope sign ordinance prohibits off -site signs, but does allow off -site signs
for directional purposes if approved by the City Council.
Mr. James Miller has requested a directional sign at the corner of Fairhope Avenue
and Courthouse Drive, because he feels the condos have not been selling because
people think they are part of Homestead Village. (Here it should be noted that
they were designed to look like Homestead Village, but at their developers
request, did not have access through the Homestead Village Complex).
The Committee recommends that the Council allow a temporary sign 3' high X 8'
long on a bast that stands no more than 12" from the ground, for a total height not
to exceed 4' and a total length not to exceed 8'. The County has given Mr. Miller
permission to place a sign at this location. (The Committee's acceptance is
contingent on such permission by the County). Mr. Miller should get with
Christopher Baker on the design and materials for the sign, and the sign must be
maintained at all times by Mr. Miller. The sign can remain until all condos are
sold, or for one (1) year, whichever comes first.
The Committee further recommends that such variances in the sign ordinance
should not come before the City Council and would request that Christopher
Baker bring the Council a proposal for changing the sign ordinance so it is
completely clear that off site signs are not to be allowed, and that any appeals
should go before the Board of Adjustment. Councilmember Anders moved to
approve the above recommendations. Seconded by Councilmember Gentle,
motion passed by the following votes: AYE -Gentle, Ford, Kant, Anders,
Christenberry. NAY -Quinn.
2570
23 October 2000
Councilmember Quinn reported on the Cats & Ducks in the Municipal
Park. Councilmember Quinn reported the following: (Came before the City Council on
July 24, 2000)
• Need an ordinance prohibiting dropping off excess pets within the city
limits.
• There shall be a one (1) year extension to the twelve (12) feral cat
program
• There shall be signs on the beach to let people know about the feral cat
program
• There should be some research into a foundation to fund the care of cats
• There should be a deposit for cat traps
The Water quality will be addressed by another committee, at a later date.
Councilmember Quinn moved to approve the above recommendation.
Seconded by Councilmember Christenberry, motion passed unanimously.
Councilmember Ford addressed the City Council with concerns of Council
Work Sessions being called for the middle of the day. Councilmember Ford
expressed that several members of the City Council have full time jobs, and that it
is impossible to attend the frequently called meetings in the middle to the day.
Mayor Kant expressed that Councilmember Christenberry is working on several
changes for the Council Procedures, including having a regularly scheduled Work
Session. The proposed changes to the Council Procedures will be addressed at the
next regular session.
Mr. Vince Vilentim addressed the City Council requesting help with zoning
within the residential area where he resides. The old Eastern Shore Apartments
now a bed and breakfast, owned by Dr. Gravely, is being used to host parties and
receptions. Mayor Kant assigned Christopher Baker to look into this matter.
Councilmember Anders requested that an ordinance addressing building height
limitations be drafted. Mayor Kant expressed that Mr. Baker is already working
on building height limitations.
Meeting was duly adjourned at 7:08 p.m.
�yM
V"
Tim th. Kant, Mayor
Geniece W. Johnso , City Clerk