Loading...
HomeMy WebLinkAbout04-08-2002 Regular MeetingSTATE OF ALABAMA X 2866 COUNTY OF BALDWIN X 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, 08 April 2002. 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 Wayne Smith, Purchasing Agent, gave the invocation. Councilmember Anders moved to approve minutes of the 25 March 2002, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. Rae Jackson, a long time member of the Recreation Board was presented with a plaque and roses from the City Council for serving diligently on the Recreation Board for approximately 23 years. The Recreation Board also presented Ms. Jackson with a resolution from the Recreation Board. Mayor Kant presented a proclamation to the Boys and Girls Club recognizing National Boys and Girls Club Week, April 7-13, 2002. Trina Hankins and Ed Brinson, Director and President of the Board respectively, received the proclamation. Councilmember Gentle requested Marion E. "Tut" Wynn, City Attorney to explain the Sunshine Law. Tut read from the Alabama Code 13A-14-2, Code of Alabama, 1975, and stated that: "No executive or secret session shall be held by any of the following named boards, commissions or courts of Alabama, namely: Alabama Public Service Commission, school commission of Alabama; boards of adjustment; state or county tax commissions; any county commission, any city commission or municipal council; or any other body, board or commission in the state charged with the duty of disbursing any funds belonging to the state, county or municipality, or board, body or commission to which is delegated any legislative or judicial function; except, that executive or secret session may be held by any of the above named boards or commissions when the character or good name of a person is involved. 08 April 2002 2867 Tut continued to state that violation of the Sunshine Law is a misdemeanor punishable by a fine of not less than $10.00 not more than $500.00. Any person who remains in attendance at a meeting held in violation of this section is guilty of violating Section 13A-14-2. Tut further stated that there are no general rules set on the Sunshine Law; however, there are many opinions on the Sunshine Law. These opinions are just that, opinions, and the final decision on the Sunshine Law is determined by a Judge's decision. Tut identified that four (4) Councilmembers will create a quorum for the City of Fairhope. Mayor Kant announced that all meetings are posted on the bulletin board in City Hall, and all meetings are opened to the public. Councilmember Anders moved to un-table the request to rezone property owned by AmSouth Bank, Hilda Jones, Ed Carter Jr., et al, Audie and Margaret Waters, Claude Andrews, Aileen Andrews and James W. and Mitzi Morgan from RI -Density Single Family Residential, R3-High Density Single Family, and R4-Multi Family to Planned Unit Development to allow Business and Professional Offices. These properties are located on the East side of U.S. Highway 98, North of Edwards Avenue and South of Gayfer Avenue. (Craig Dyas is the representative of the Greeno Road property owners) (Public Hearing held March 14, 2002 and Tabled). Seconded by Councilmember Christenberry, motion passed unanimously. After discussion, Councilmember Christenberry moved for final adoption of Ordinance No. 1142 to grant the re -zoning of said properties. Seconded by Councilmember Ford. Mayor Kant recommended that there should be a ground level sign, and the buildings height should be 30 feet for businesses and 35 feet for residential. After discussion, Councilmember Christenberry amended his motion for final adoption to allow a ground level sign. Seconded by Councilmember Ford. The motion passed as amended by the following votes: AYE -Ford, Kant, Anders, and Christenberry. NAY - Gentle, Quinn. Councilmember Quinn and Gentle expressed concerns about the property located behind the PUD, and wondered where would the stripping out of Greeno Road stop. Councilmember Gentle also expressed concern about the timing of this project. Mayor Kant called on the City Clerk to read the list of interest letters received for a Public Improvement Assessment Project. The following list was read: 08 April 2002 2868 NAME ADDRESS REQUEST APPLICABLE FOR PIA Mark Rosherko 9727 Derby Lane Six inch waterline main & fire Hydrants N/A. Turned over to W/S Dept. C.O. McCawley Jr. 10 Wood rove Circle Resurface Wood rove Circle N/A On the list for resurfacing Christian Valley Baptist Church 211 Young Street Experiencing drainage problem N/A Turned over to Public Works Emmalyn Bright, Curtis & Jack uelene Tucker 7935 Greeno Lane Paving Greeno Lane This street is on the list to be paved - CityCouncil decision Craig Dyas Trentino Subdivision Any improvements that are applicable Received a verbal cancellation, but never received the cancellation in writing. Councilmember Anders, Chairperson of the Finance Committee, reported that she and the committee recommended using Merchant Capital as the investment banker for the City of Fairhope's Bond Issues. Councilmember Anders stated that Merchant Capital will involve local community banks and $50,000.00 will be saved. Councilmember Ford expressed that The Frazer Lanier Company, Montgomery, Alabama, has handled the City of Fairhope's investment banking for many years, and the City should keep Frazer Lanier Company until the new Councilmembers are familiar with bond issues. Councilmember Ford inquired about the $50,000.00 savings and asked to see the savings. Councilmember Ford also expressed that the involvement of the community banks will be too small for local banks to deal with. After further discussion, Councilmember Anders moved to authorize Mayor Kant to execute a contract between the City of Fairhope and Merchant Capital as an Investment Banker for the City of Fairhope's bond issues. Seconded by Councilmember Quinn. The motion did not pass by the following votes: AYE- Quinn, and Anders. NAY- Gentle, Ford, Kant, and Christenberry. Councilmember Gentle moved to use both The Frazer Lanier Company and Merchant Capital with Frazer Lanier being the leader. Seconded by Councilmember Quinn. The motion did not pass by the following votes: AYE -Gentle, Christenberry. NAY -Ford, Quinn, Kant, and Anders. Councilmember Ford moved to use The Frazer Lanier Company, and to look at some other investment banker for the cable issues. This motion died for lack of a seconded. Councilmember Anders moved to partner Merchant Capital and The Frazer Lanier Company with Merchant Capital being leader. Seconded by Councilmember Quinn. The motion passed by the following votes: AYE -Gentle, Quinn, Anders, and Christenberry. NAY -Ford, and Kant. 08 April 2002 2869 Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 828-02 WHEREAS, Coca-Cola Bottling Co. Consolidated ("Company") agrees to provide a scoreboard as follows: Type IMP-150-C Baseball, 2-MM-338 Football, 1 set 320-C Delay Game Time Location: Volanta Park 1. Scoreboards are to remain in place for a period of no less than 10 years (the initial term of this agreement), and for any renewal terms established by paragraph 5. The scoreboards are an asset of (number_) and remain the property of the Company. 2. Products distributed by the Coca-Cola Company shall be the exclusive soft drink, juice, and isotonic products advertised, distributed, or offered for sale within any building, facility, or recreational field under the control of the City of Fairhope (the "account"). 3. It is understood that the Company does not guarantee the account any discount products from prevailing wholesale prices during the term of the contract. 4. The account will maintain, either through a new or existing policy, general liability insurance in a minimum amount of $500,000.00, that includes coverage for the scoreboard and that names the Company as an additional insured. The account will also be responsible for keeping the scoreboard in good repair, including all maintenance and repair. It is not necessary for the account to purchase a new insurance policy covering the scoreboard so long as the account sees to it, through the account's agent or otherwise, that the Company is named as an additional insured on an existing liability insurance policy in this amount or greater. If this contact is not renewed by account or is terminated by account within 10 years following execution, the Company may, at its option, remove the scoreboard or require the account to pay the current book value of the scoreboard in exchange for transfer of title to the account. The account shall become the owner of the scoreboard upon the expiration or termination of this contract beyond such 10 year period. During the term of this agreement the account will be responsible for any costs or expenses of any sort related in any way to the scoreboard. This agreement will remain in effect for 10 years. After this initial 10-year term, it will be renewed by the parties automatically for succeeding 1-year terms unless written notice is given by either party no later than 30 days prior to the anniversary date of this contract. If the initial term of this contract is reduced by operation of law, the renewal portion remains in effect. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute a contract between the City of Fairhope and Coca Cola Bottling Co. Consolidated ("company") for Placement of Scoreboards. This will renew the existing contract and execute a new contract for additional scoreboards. The City must also agree to use Coca-Cola Bottling Co. products only. Adopted this the 08th day of April 2002 M. Ka ,Ma orAt1test: Qm�y Geniece W. Johnson, City Cler 08 April 2002 2870 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. RESOLUTION NO. 829-02 WHEREAS, The City of Fairhope adopted Resolution No. 771-011 July 9, 2001 authorizing Gould, Evans, Goodman and Associates, LC, Kansas City, Missouri, to provide professional planning services to rewrite the City's Subdivision Regulations; and, WHEREAS, progress has discovered more opportunities for illustrations, charts, graphs, and tables, and it is desirous to use pictures, instead of text. However, the new illustrations have pushed this project outside the budgeted amount; and, WHEREAS the new document is one that implements the principles of the City's plan. This will also be easy to use and understand. THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a contract between the City of Fairhope and Gould, Evans, and Goodman Associates, LC, Kansas City, Missouri, to allow the completion of the New Subdivision Regulations. The estimated cost is $5,000.00 - $7,000.00. DULY ADOPTED THIS 08`h DAY OF APRIL , 2002. Attest: i Geniece W. Johnson, Cif erk Tim y M. nt, Tayor Councilmember Anders moved to table the following request until market study people are involved in this market study. The request is to authorize Mayor Kant to execute a contract between the City of Fairhope and Gould, Evans, Goodman and Associates, Lawrence, KS, to perform a Market Study of Village North. This cost will be split between the City of Fairhope and the developers. Seconded by Councilmember Quinn. The motion tied and did not pass by the following votes: AYE -Quinn, Anders, and Christenberry. NAY -Gentle, Ford, and Kant. Councilmember Ford moved to authorize Mayor Kant to execute a contract between the City of Fairhope and Gould, Evans, Goodman and Associates, Lawrence, KS, to perform a Market Study of Village North. This cost will be split between the City of Fairhope and the developers. Seconded by Councilmember Christenberry. The motion passed by the following votes: AYE -Gentle, Ford, Kant, and Christenberry. NAY -Quinn and Anders. 08 April 2002 RESOLUTION NO. 830-02 2871 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a contract between the City of Fairhope and Gould, Evans, Goodman and Associates, LC, Kansas City, Missouri, to perform a Market Study of Village North. This cost will be split between the City of Fairhope and the developers. DULY ADOPTED THIS 08`h DAY OF APRIL , 2002. Ti thy M. ant, ayor Att Geniece W. Johnson, C erk Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO. 831-02 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a contract between the City of Fairhope and Stewart Engineering, Anniston, Alabama, to conduct an Electrical Distribution System Study. The Study shall include: a. Analysis of existing substation, transmission line, and distribution line loading and capacities. b. Voltage drops and load flows for the current year, along with five year projections, shall be shown at strategic locations on a System Map. c. We will make recommendations for changes as required to allow the City of Fairhope to provide reliable electrical service to all consumers for the next five years, based on current growth trends. Such recommendations could include substation installations or upgrades, distribution conductor upgrades, 4KV to 12 KV conversions and/or load shifts. d. We will review your power factor and make recommendations regarding capacitor quantities and locations. This study will be $42,500.00, which would be billed monthly based on percentage of completion. DULY ADOPTED THIS 081h DAY OF APR.IL , 2002. 17, N vl�' k/01—r- Tim by M. I nt, •fyor Attest• "�Geniece W. Johnson, *' <s 7 08 April 2002 2872 Councilmember Quinn moved to approve Change Order Request # 1 - Marchman Construction Corporation for 12" Sewer Force Main from Twin Beech Road to Section Street Lift Station, decreasing the contract by $2,949.29. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Ford moved to approve Change Order Request # 1 — Norstan Communication Inc. to provide OmniPhone integration, increasing the contract by $19,078.54. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Anders moved to authorize Mayor Kant and the Library Board to get preliminary plans for a new library, and authorize the use of the Nut Processing Site as a potential location for the new library. The cost of the preliminary plans shall not exceed $75,000.00. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Ford moved to authorize Mayor Kant to ascertain the cost of a new pool and skate park and report back to the City Council. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Anders moved to authorize Mayor Kant to write a letter to the Alabama Highway Department to address the request of the Rock Creek Property Owner's Association. The Association is requesting the installation of a traffic light on Highway 98 at the main entrance of the Rock Creek development in Fairhope. Seconded by Councilmember Christenberry, motion passed unanimously. If the request is not approved Councilmember Quinn would like for the Highway Department to recommend how to make this intersection safer. The RCPOA is committed to pay approximately $5,800.00, Rock Creek Properties $2,500.00 and Sandy Ford Properties $1,700.00 for a total of $10,000.00 to offset one-half of the City of Fairhope's cost for this light. The pro-rata split among RCPOA and the two developers may change slightly depending on final lot count, but the $10,000.00 would be firm. Melissa Pershina addressed the City Council requesting permission to allow a vote on the annexation of South Fairhope. Ms. Pershina is proposing Greeno Road to Twin Beech Road (Co. Rd. 44), to the Bay by way of Battles Road, and The Bridge Club will help with the project. Mayor Kant explained to Ms. Pershina that a petition showing 60% of the property owners must be received, and that she could work with Christopher Baker, Planning and Building Director. Mayor Kant also explained that the City has never been against any annexations. However all documents presented to the City must be certified by the Mayor before being forwarded to the Judge of Probate to schedule a referendum. 08 April 2002 2873 Councilmember Gentle, Chairperson of the Old Jail Committee, reported and moved to grant Mayor Kant the authorization to negotiate with Nall on securing Alabama Collection to be a part of the museum for the possibility of using the old jail located at 24 North Section Street as an art museum, artists in residence/studio. Seconded by Councilmember Anders, motion passed unanimously. Mayor appointed Pauline Anders to get someone from the Eastern Shore Art Center and from the Fairhope Historical Museum to work together to ensure that the endeavor with Nall will not hurt the Eastern Shore Art Center and the Fairhope Historical Museum. Kiefer Wilson, Owner of Page and Palettee Inc., addressed the City Council requesting the approval to place two tables and four chairs back on the corner outside of Page and Palette, located at 32 South Section Street. Mr. Wilson also requested permission to build two outside bookcases that would be situated against the building to replace their sale carts. Councilmember Quinn moved to table these requests until Christopher Baker can establish a policy on placing items on City sidewalks. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Anders moved to grant Steve Sims, Band Director of Fairhope High School, request for permission to use the beach pavilion on May 2"d from 5:00 p.m. to 8:30 p.m. for the high school Jazz Band Concert. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Gentle moved to grant Lt. Michael Hutchinson's, First Alabama U.S., request for permission to use the grassy area to the left of the Municipal Pier to conduct a historical military living history program on Memorial Day, Monday, May 27, 2002, from 10:00 a.m. to 4:00 p.m. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Quinn moved to grant Eastern Shore Art Center's request for permission to use the downtown sidewalks around town for "Paint the Town" on Saturday, April 27, 2002. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Quinn moved to grant Anita M. Root's with Daphne Middle School request for permission to use the Fairhope Beach to have their Seventh Annual Great Cardboard Boat race for the Middle School Humanities students of Baldwin County. This event will take place Saturday, May 11, 2002, beginning at 9:30 a.m. to 12:30 p.m. Seconded by Councilmember Anders, motion passed unanimously. The Beach Attendance will not start charging until 1:00 p.m. on this day only. 08 April 2002 2874 Councilmember Quinn moved to grant Darrelyn J. Bender's with Eastern Shore Chamber of Commerce request for permission to use the park area on the South side of the Fairhope Pier to have an old fashioned meet and greet of all candidates running for all offices in the primaries, on Saturday, May 4, 2002, from 9:00 a.m. until 1:00 p.m. Seconded by Councilmember Gentle, motion passed unanimously. Charlene Lee presented the wire recycle cans that will be made on Earth Day on Sunday, April 21, 2002. Ms. Lee encouraged everyone to attend Earth Day and recycle. Identification: "MULTIPLEXING EQUIPMENT" Bids to be received by: April 2, 2002 At: 4:00 P.M. VENDOR: PRICE: DELIVERY. GRAYBAR ELECTRIC, Birmingham, AL $23,310.00 16-Da s POWER & TELEPHONE, Tampa, FL $23,020.22 4-6 Week Delivery It is recommended to accept the bid of GRAYBAR ELECTRIC, Birmingham, AL for the price of $23,310.00 with all specifications being met. Delivery time is critical in the acceptance of bid. Aaron Norris, Richard Hice, Wayne Smith, Electrical Supt. Finance Director Purchasing Agent Identification: "MULTIPLEXING EQUIPMENT" Bids to be received by: April 2, 2002 At: 4:00 a.m. EXPLANATION In bid specifications, it was noted that time of delivery would playa large factor upon the awarding of this bid. Equipment must be in place and tested for cutover of radio and telephone systems to accommodate deadline date for moving into new Justice Center. Difference in cost is $289.78. It is recommended to spend the extra $289.78 because of the time frame of delivery, 16-Days vs. 4-6 Weeks. Councilmember Gentle moved to accept the bid of Graybar Electric, Birmingham, Alabama, for Multiplexing Equipment in the amount of $23, 310.00. It was discussed that this was not the low bid, but the bid specs stated that delivery was a major factor. Therefore the City Council felt that this was an emergency purchase because the new phones will not be able to go live without this equipment. The due date for the new phone system to go live is April 26, 2002. Seconded by Councilmember Quinn, motion passed unanimously. 08 April 2002 Identification: "INSIDE PLANT FIBER OPTIC TERMINATION EQUIPMENT" Bids to be received by: April 2, 2002 at: 4:00 p.m. 2875 VENDOR: PRICE: DELIVERY: GRAYBAR ELECTRIC, Birmingham, AL $5,596.00 12-Days POWER & TELEPHONE, Tampa, FL Did not meet specifications. $5,673.22 1-Week It is recommended to accept the bid of GRAYBAR ELECTRIC, Birmingham, AL for the price of $5,596.00 with all specifications being met. Aaron Norris, Richard Hice, Wayne Smith, Electrical Supt. Finance Director Purchasing Agent Identification: "INSIDE PLANT FIBER OPTIC TERMINATION EQUIPMENT" Bids to be received by: April 2, 2002 at: 4:00 p.m. EXPLANATION Power and Telephone could not supply some bided items such as: • Patch Cords Wall Mount 19" Swing Rack in which equipment would be mounted. Swing Rack is necessary because of the close proximity of equipment. By using a swinging rack, equipment can be readily accessible for repairs and needed maintenance. Councilmember Christenberry moved to accept the low bid of Graybar Electric, Birmingham, Alabama, for Inside Plant Fiber Optic Termination Equipment in the amount of $5,596.00. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Quinn moved to pay bills as presented, and to pay Holland Industrial, Invoice number 350101, in the amount of $13,418.53. Holland Industrial's invoice was excluded from the bills payable in February until the City Attorney could determine if the bid law was violated. It was determined that the bid law was not violated due to two separate projects being preformed by Holland Industrial. Seconded by Councilmember Anders, motion passed unanimously. There being no further business to come before the City Council the meeting was duly adjourned at 7:29 p.m.