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HomeMy WebLinkAbout08-13-2001 Regular Meeting2712 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, 13 August 2001. Present were Mayor Timothy M. Kant, Councilmembers: 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. The Pledge of Allegiance was recited, and Geniece W. Johnson, City Clerk, gave the invocation. Councilmember Gentle moved to approve minutes of the 23 July 2001, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. The Dogwood Trail Maids presented the Council with a new picture for a replacement in the Civic Center Lobby. Mayor Kant made a presentation of resolutions to the following Fire Departments for their help to fight the structure fire that occurred in the new wing at Carroll Place in Fairhope on June 1, 2001: Barnwell Volunteer Fire Department, City of Daphne Fire Department, Marlow/Fish River Volunteer Fire Department, and Fairhope Volunteer Fire Department. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Gentle introduced in writing Ordinance No. 1132. The Planning & Zoning Commission recommended approval of this ordinance. An ordinance to re -zone Len Strickland's property from RI -Low Density Single Family Residential to B4-Business and Professional Offices. The property is located at lots 3 & 4 of Commercial Center Park Road, subdivision, at the North East side of U.S. Highway 98 and Parker Road. No one present was opposed to the amendment. In order to take immediate action, Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1132. Seconded by Councilmember Gentle, motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 2713 13 August 2001 The City Council did not reconsider their vote on the proposed Trentino PUD, which was passed by the City Council on April 9, 2001 (Ordinance No. 1115). Christopher Baker and Geniece W. Johnson reported that all paper work turned in for the proposed Trentino PUD annexation was in order and proper. There was a misunderstanding at the August 6, Planning and Zoning Commission meeting when Dr. Barry Booth announced to the Commission that Craig Dyas did not have an option to purchase Dr. Booth's property. There was also a question as to whether the proper document was received to annex Dr. Booth property. Upon researching, it was discovered that Dr. Booth's property ,which is the property proposed for Trentino PUD, was annexed by Ordinance No. 929, on March 22, 1993. Mayor Kant asked Craig Dyas to report on the status of this proposed Trentino PUD. Mr. Dyas reported that he was still moving forward and working on the details, and the details should be finalized within the next thirty (30) days. The proposed Trentino PUD came before the City Council on April 9, 2001, but Ordinance No. 1115 has not been published as to date, therefore is not law at this time. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. Land and Water Conservation Fund Resolution on next page 13 August 2001 Resolution No. 777-01 2714 WHEREAS, the City of Fairhope, Alabama proposes to acquire land to be used for the development of recreational resources in the vicinity of Thompson Hall Road for the health and well being of the general public; and, WHEREAS, the City intends to make application to the Alabama Department of Economic and Community Affairs for grant assistance for the Land and Water Conservation Fund to acquire a site an develop, among other activities, a Fairhope Tennis Complex; and, WHEREAS, said programs are limited to funding a maximum of fifty percent (50%) of the proposed project cost estimated at $200,000.00, which will be used to acquire land consisting of from 10 to 40 acres. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COUNCIL OF CITY OF FAIRHOPE, ALABAMA as follows: Section 1. That the City of Fairhope submit an application to the Alabama Department of Economic and Community Affairs for an FY 2001 Land and Water Conservation Fund grant for the amount of $100,000.00 for the purpose of acquiring a site for recreation facility development consisting of approximately 20 acres located on Thompson Hall Road. Section 2. That the City of Fairhope hereby commits matching cash funds of not less than $100,000.00 for the project. Section 3. That Timothy M. Kant, in his capacity as Mayor, is hereby authorized and directed to execute all required grant application forms and have the same submitted for funding consideration. PASSED, ADOPTED AND APPROVED this 13`h day of August , 2001. HhyM. W^ Tim ant, MILyor Attest: Geniece W. Johnson 2715 13 August 2001 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO. 778-01 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that a Committee to strengthen our Community is hereby formed. This Committee will look into ways to strengthen our community by: Looking at ways to: 1. Mobilize the community for early childhood, including child care and early reading programs. 2. Provide for the safety and protection of our children and youth such as preventing violence, promoting community and police partnership, and creating neighborhood initiatives to protect children. 3. Provide after school initiatives: expanding learning opportunities; using youth councils and youth leaders to build community; and developing the assets of our youth. 4. Promote family economic security through creating economic opportunities; and 5. Help our schools be the best they can be. This Committee shall have five members, of which at least one will be a City Council Member, at least one a Fairhope Police Officer, at least one an Educator. The term shall be for three years. The following people are hereby appointed to serve as members of this Committee, term beginning on August 1, 2001: Pauline Anders, City Council Member • Chris Browning, Fairhope Police Officer • Ack Moore, Principal, Larry Newton School • Janet Brady, Middle School Teacher • Debbie Kingrea, Eastern Shore Literacy Council Adopted this 131h Attest: 4G,eniece W. Johnson, C*Iek Day of August 2001. ainhyM.nt, Mayor 2716 13 August 2001 Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Quinn, motion passed unanimously. RESOLUTION NO. 779-01 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 and a Task Agreement No. 3 between the City of Fairhope and Volkert & Associates, Inc. to provide the following professional services for assessing the Sanitary Sewer System: 1. Evaluate the data and make recommendations as needed for reducing inflow/infiltration sources and effectively address any immediate and potential capacity issues and new customer service policies. 2. Assist the City as needed to collect data. 3. Meet with local officials and/or any environmental officials to assist with providing information regarding the program procedures and benefits. DULY ADOPTED THIS 131h DAY OF Au u�, 2001. aiohy NOAKant, Mayor Attest Geniece W. Johnson, rty Clerk 2717 13 August 2001 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 780-01 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 Sun-Com to install an antenna tower for the new Justice Center, and to find a suitable location for the antenna at the City `s Public Works, at 555 South Section Street. DULY ADOPTED THIS 13th DAY OF August , 2001. Tim y M. ant, ayor Attest eniece W. Johnson, CiK Clerk Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO. 781-01 BE IT RESOLVED that Mayor Timothy M. Kant is hereby authorized to execute a contract between the CITY and MOORE ENGINEERING COMPANY to improve water system including, an elevated storage tank, transmission mains and other necessary appurtenances as necessary to the operation of its water system. Adopted This 13th Day of August. 2001. Ti by M. ant, ayor Attest: 10*1 Geniece W. Johnson, C' erk 2718 13 August 2001 Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Christenberry, motion passed unanimously. Resolution No. 782-01 WHEREAS, the Owners of Southland Place Phase 1 desire to have all public streets and rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama on slides 2051 E and F, and all Fairhope utilities located in easements and in rights -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 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 Southland Place Phase 1 a maintenance bond for the public improvements constructed for a period of 2 years from the date of the approval of this Resolution, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Southland Place Phase 1 are hereby accepted for public maintenance subject to the bond posted. Adopted this 131h day of August, 2001 r- Ti othy 1J. Ka , Mayor Attest: red vo 7� 2 rGeniece W. • • 2719 13 August 2001 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. Resolution No. 783-01 WHEREAS, ACT # 2001-497 passed by the Legislature of Alabama, relates to Baldwin County; to authorize the Baldwin County Commission to regulate billboards in the unincorporated areas of the County, and to provide for enforcement, variances, and appeals. Section 1. This act shall apply only within the unincorporated areas of Baldwin County. Section 2. (a) In the unincorporated areas of Baldwin County, the county commission may regulate and shall have exclusive zoning authority to regulate billboards, including, but not limited to, the size and located of any billboards. Within the planning jurisdiction of a municipality that regulate billboards, the county commission shall regulate and shall have exclusive authority to regulate billboards which regulation and enforcement shall be no less stringent than the regulation of billboards by municipal ordinance within the corporate limits of the municipality. The regulations shall be adopted by resolution or ordinance of the county commission at a regularly scheduled meeting of the commission. Any resolution or ordinance adopted pursuant to this act shall have standards as to distance between signs not less than the distances provided pursuant to Division 3 of Article 9 of Chapter 1 of Title 23 of the Code of Alabama 1975. WHEREAS, In the case of any unincorporated area of Baldwin County covered by section (a), which is also in an overlapping municipal planning jurisdiction of an area, which has established a planning and zoning district, the most stringent regulation shall apply. WHEREAS, the following current list of Billboard that within the City of Fairhope's Planning District shall be Grand fathered in: LOCATION OWNER ONE OR TWO SIDES US 98/GREENO RD - APPROX. 200 FT NORTH OF DALE RD - EAST SIDE UNKNOWN 2 US 98/GREENO RD - APPROX. 100 FT NORTH OF DALE RD - EAST SIDE BILL SALTER 2 US 98/GREENO RD - APPROX. 50 FT NORTH OF AUTH CARE - WEST SIDE LAMAR 2 US 98/GREENO RD - APPROX. 50 FT SOUTH OF AUTO CARE - WEST SIDE LAMAR 1 US 98/GREENO RD - NEXT TO M&S TIRE - WEST SIDE LAMAR 2 US 98/GREENO RD - NEXT TO TAEKWONDO - EAST SIDE INFINNEY 2 US 98/GREENO RD - PARKER ROAD EAST SIDE LAMAR 2 US 98/GREENO RD - 19819 GREENO RD - WEST SIDE BILL SALTER 2 US 98/GREENO RD - 17236 GREENO RD AT JERRY'S KOUNTRY STORE - EAST SIDE SOUTHERN GRAPHICS 2 US 98/GREENO RD - 16409 GREENO RD - WEST SIDE LAMAR 2 US 98/GREENO RD - BETWEEN COUNTY RD 3 & ATL US 98 - EAST SIDE LAMAR 2 US 98/GREENO RD - 8124 HWY 98 - BARNWELL KOUNTRY STORE - SOUTH SIDE LAMAR 2 US 98/GREENO RD - APPROX. 9238 US HWY 98 - SOUTH SIDE SOUTHER GRAFPHICS 2 ALT/SCENIC 98 - ARRPDX. 19210 SCENIC 98 - EAST SIDE PRIME HEALTH 1 ALT/SECNIC 98 - APPROX. 19332 SCENIC 98 - EAST SIDE DOCKSIDE SEAFOOD MK 1 CO RD 27 - AT THE CORNER OF COUNTY RD 27 AND COUNTY RD 44 MALONE INS. AGENCY 2 CO RD 27 - AT THE CORNER OF COUNTY RD 27 AND COUNTY RD 64 AMERICAN 2 CO RD 27 - AT THE CORNER OF COUNTY RD 27 AND COUNTY RD 64 AMERICAN 2 2720 13 August 2001 WHEREAS, the two Billboards located on North Section Street, across from the marina entrance will be removed and not grand fathered in. NOW THEREFORE THE GOVERNING BODY OF THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALBAMA hereby authorize Mayor Timothy M. Kant to inform the Baldwin County Commission in writing that the City of Fairhope will not allow Billboard within it's Planning District. Adopted this 13`h day of August ,2001. r T' othy M. ant, Vayor Attest: gGenieceUW/. J son Willie Williams addressed the City Council requesting the Council to pass a resolution authorizing Mayor Timothy M. Kant to take the necessary steps to cause a referendum to take place for the annexation of Twin Beech and Point Clear Communities. Mayor Kant expressed to Mr. Williams that currently a $500,000.00 county grant is being considered for sewer in the Point Clear area at no charge to the residents in this area. Mayor Kant further stated that the County and the City of Fairhope has committed to paying $25,000.00 each to go toward this grant, and if this area were annexed into the city then the area would not qualify for this particular grant, causing this grant to be jeopardized. Mayor Kant also stated that he would like to see a sewer system in the Kirkman Lane area, and would like to see consistent lines for the annexation of Point Clear area, not just individual properties. Councilmember Gentle and Christenberry expressed that he would rather be sure that the grant was going to be rewarded rather than sorry, and being new Councilmembers would like to know more about this. Mr. Williams stated that he did not have a problem with the City waiting for the grant, but needed the resolution passed so that Walter Penry could set a date to hold the referendum. Mayor Kant stated that the City will find out about the status of the grant as quickly as possible, and needed a letter guaranteeing that the grant monies would be rewarded to this project. Mayor Kant will contact Mr. Williams to see what can be worked out on the time frame. After further discussion, Councilmember Quinn moved to table this item until the details regarding the grant were known. Seconded by Councilmember Gentle, motion passed unanimously. 2721 13 August 2001 City Council reviewed an application for a Special Retail License by James R. Branson, dba Veranda at Quail Creek, located at 19841 Quail Creek Drive, Fairhope, Alabama. Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Gentle moved to remove the bids for the Power Transformers at Fairhope Avenue Substation from the table. Seconded by Councilmember Quinn, motion passed unanimously. Identification: POWER TRANSFORMER- FAIRHOPE AVE. SUBSTATION Bids opened on: June 7, 2001 At: 2:00 p.m. VENDOR. ACTUAL TOTAL COST., EVALUATED TOTAL DELIVERY TIME.• COST.- SOUTHCON, Birmingham, AL $128,000.00 $254,000.00 12-Weeks Virginia Trans. HATFIELD UTILITY $125,500.00 $263,452.00 12-Weeks Fairhope, AL ABB BECK & ASSOCIATES $166,104.00 $289,584.00 18-24 Weeks Birmingham, AL Waukesha $107,598.00 $235,992.00 13-Weeks Carte Int., Inc. HOWARD INDUSTRIES $90,531.00 $225,531.00 12-Weeks Laurel, MS Sun Transformer BOOTH, HINSON, NOACK $155,394.00 $274,194.00 10-11 Months Lawrenceville, GA Pauwels MAYER ELECTRIC NO REPLY Dothan, AL STUART C. IRBY NO BID Pensacola, FL CHARLES W. ASHBY CO. NO BID Birmingham, AL HUGHES ELECTRICAL SUPPLY NO REPLY Dothan, AL BRASFIELD SALES, INC. NO BID Birmingham, AL In evaluating transformer actual cost vs. operational cost and warranty, it is recommended to accept the bid of SouthCon Co., Birmingham, AL the actual total cost of $128,000.00 with an evaluated total cost of $254,000.00 with all specifications being met. Jimmy Stewart, Aaron Norris, Wayne Smith, Stewart Engineering Co. Electrical Supt. Purchasing Agent 2722 13 August 2001 Councilmember Gentle moved to accept the bid of SouthCon Co., Birmingham, Alabama, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimously. Identification: PE PIPE 4" — 54" Bids to be opened on: July 5, 2001 at: 2:15 p.m. High density Sanitary Pipe for sewer system VENDOR: SIZE PRICE DELIVERY: PIPE PER FT: CONSOLIDATED PIPE CO. 2" SDR 11 $0.435 In Stock Mobile, AL 3" SDR 11 0.945 4" SDR 11 1.557 6" SDR 11 3.379 8" SDR 11 5.725 10" SDR 11 8.90 12" SDR 11 12.51 2" SDR 17 3" SDR 17 4" SDR 17 6" SDR 17 8" SDR 17 10" SDR 17 12" SDR 17 HUGHES WATER SUPPLY, Mobile, Al NO BID HUGHES WATER SUPPLY, Mobile, AL NO BID EMPIRE PIPE CO., Birmingham, AL NO BI 0.292 0.632 1.047 2.27 3.84 5.97 8.40 It is recommended to accept the bid of CONSOLIDATED PIPE CO, Mobile, AL with all specifications being met. Dan McCrory, Wayne Smith, Water & Sewer Supt. Purchasing Agent Councilmember Gentle moved to accept the bid of Consolidated Pipe Co., Mobile, Alabama, provided all specification s are met. Seconded by Councilmember Ford, motion passed unanimously. 2723 13 August 2001 Identification: FUSION MACHINE Bids to be opened on: July 5, 2001 at: 2:00 p.m. Machine to be purchased to be able to fuse pipe together in running underground utilities. Purchased by Three Utilities VENDOR: TOTAL PRICE: DELIVERY: CONSOLIDATED PIPE CO. $11,390.00 Mobile, AL 2-3 Weeks Manufacturer: McElroy Mfg. Model No: 28 HUGHES WATER SUPPLY $51,807.00 Mobile, AL Bided a Sidewall Machine Not specified Manufacturer: McElroy Model No: 28 EMPIRE PIPE CO. Birmingham, AL NO BID PORT CITY PIPE Mobile, AL NO BID It is recommended to accept the bid of Consolidated Pipe Co, Mobile, AL with all specifications being met. Dan McCrory, Wayne Smith, Water & Sewer Supt. Purchasing Agent Ref: Bid for McElroy #28 Fusion Machine Consolidated Pipe price of $11,390.00 was for a complete McElroy #28 and dies 2" — 8" as was bid. Hughes Water Supply quoted a McElroy #28 and dies just as Consolidated; however, Hughes quoted all accessories included in the price of $51,807.00. The machine and accessories was not quoted as single items but as a complete unit. Hughes Water did not offer the McElroy #28 with 2" — 8" dies as did Consolidated as was bid. Councilmember Ford moved to accept the bid of Consolidated Pipe Co., Mobile, Alabama, provided all specification s are met. Seconded by Councilmember Gentle, motion passed unanimously. 2725 NOTICE AND CALL OF SPECIAL MEETING Notice is hereby given of a special meeting of the City Council of the City of Fairhope, Alabama, to be held at the Fairhope Municipal Complex on Friday, 17 August 2001, at 2:00 p.m., for the purpose of awarding a bid for the Fairhope Municipal Airport Fencing. 1A, t ITimo y M. Ka , Ma r CONSENT TO HOLDING OF MEETING The undersigned member of the City Council of the City of Fairhope, Alabama, do hereby acknowledge service of the Notice and Call of Special Meeting hereinabout set forth and do hereby consent to the holding of such meeting as such time in such place for the purpose set forth therein.