HomeMy WebLinkAbout07-14-2003 Regular MeetingSTATE OF ALABAMA X 3146
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, 14 Jul..
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 Police Chief, Christopher Browning, gave the
invocation. Councilmember Quinn moved to approve minutes of the 23 June 2003,
regular meeting. Seconded by Councilmember Gentle, motion passed unanimously.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 557. Councilmember Gentle introduced in writing an
ordinance to re -zone the property of Dorothy Yeager from B3A — Tourist Resort
Lodging District to B4-Business and Professional District. This property is located at
58 Fairhope Avenue. The Planning & Zoning Commission unanimously denied the
request.
Erik Cortinas with the Building Department explained that Ms. Yeager holds the
lease on the property at 58 Fairhope Avenue. The property is currently zoned B3A-
Tourist Resort lodging. The property is of an unusual shape because of the gully just
behind the property. Mr. Cortinas also explained the request is to change the use
form the 133A to B4 districts. By right, the B3A that currently exists allows motels
and inns with a restaurant. It also allows multi -family and townhouses. Staff does
have a concern over this as spot zoning, meaning that this is a small B4 area in the
middle of a B3A district. Because of this concern, the staff recommended denial.
After discussion, in order to take immediate action, Councilmember Anders moved
for immediate consideration. Seconded by Councilmember Gentle, motion for
immediate consideration did not pass. The votes were: AYE -Gentle, Quinn, Kant,
Anders, and Christenberry. NAY -Ford. This ordinance will come before the City
Council for final adoption at the next regular meeting.
14 July 2003 3147
Councilmember Ford introduced in writing Ordinance No. 1174, an ordinance
declaring certain real property no longer needed for municipal purposes and
authorizing the sale of the same to the Utilities Board of the City of Foley.
In order to take immediate action, Councilmember Christenberry moved for
immediate consideration. Seconded by Councilmember Gentle, motion for
immediate consideration passed unanimously by the following votes: AYE -Gentle,
Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle
then moved for final adoption of Ordinance No. 1174. Seconded by Councilmember
Ford, motion for final adoption passed unanimously by the following votes: AYE -
Gentle, Ford, Quinn, Kant, Anders and Christenberry. NAY -none.
Councilmember Christenberry moved to un-table a resolution that would
accept the streets and all utilities within Idlewild Phase 7A subdivision for
maintenance. (Tabled June 23, 2003) Seconded by Councilmember Ford, motion passed
unanimously.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution accepting the streets and all utilities within
Idlewild Phase 7A subdivision for maintenance. Seconded by Councilmember
Gentle, motion passed unanimously.
RESOLUTION NO. 473-03
WHEREAS, the Owners of Idlewild Phase VIIA 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 S-2117E, 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 as indicated
on the recorded plat, and;
WHEREAS, the General Superintendent 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 Idlewild Phase VIIA 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 Idlewild Phase VIIA are hereby accepted for
public maintenance subject to the bond posted.
Adopted, this 23`d day of June, �2000
C `
Tim y M. K V
May r
14 July 2003 3148
Councilmember Gentle introduced in writing, and moved for the adoption of
the following resolution, a resolution appointing Election Officials and Alternates for
the Special Municipal Election, 12 August 2003. Seconded by Councilmember
Quinn, motion passed unanimously.
RESOLUTION NO. 474-03
WHEREAS, a Special Municipal Election has been called to be held on 12 August 2003;
and,
WHEREAS, Section 11-46-27 of the Alabama Code of 1975, as amended, procedures for
Electronic Vote Counting Systems provide, in part, that the Municipal Governing Body, not less than
15 days before the holding of any Special Municipal Election appoint from the qualified electors
officers to hold the election. NOW, THEREFORE;
BE IT RESOLVED, by the City Council of the City of Fairhope, Alabama that the election
officers for said special elections to be held at the Fairhope Civic Center shall be as follow:
Chief Inspector:
Inspector:
Chief Clerk:
Assistant Clerk
Registration &
Poll List Clerks:
(1) Vera Culver, 567 Jan Dr
(1) Betty L. (Ann) Garner, 652 Bon Secour Street
(2) Dianne Blaschak, 405 Jasmine Street
(3) Tom Dyer, 702 Volanta
1) Martha Rejczyk, 503 Morphy Avenue
2) Berna Sanders, 2 Sumac Circle
3) Margie Robinson, 100 Berglin St., P.O Box 877
4) Jerri McCulley, 213 Fels Avenue
5) Grace Nelson, 509A Nichols Avenue
6) Joann L. Dyer, 101 Hoyle Street
7) Ann Kinard, 513 3`d Street
8) Marlene Robinson, 455 Ivy Circle
Clerks Issuing Ballots: ( 1)
Peter Gleszer, 113 Savannah Square
(2)
Charles Robinson, 455 Ivy Circle
(3)
Marie Siddon, I I I Wedge Loop
(4)
Joe Siddon, I I I Wedge Loop
(5)
Annie Holmes, 8 Hoffren Drive
(6)
Emma Taake, 366 Wisteria Street
Inactive List: (1)
Edwina Tate, 101 Berglin Street
(2)
Louise Dyer, 702 Volanta
Machine Attendants: (1)
Gerald Devuyst, 13 Hoffren Drive
(2) John P. Kenny, 406
Rosa Avenue
WHEREAS, due to the possibility of accidents, illness, or other unforeseeable matters, a list
of alternates needs to be appointed should one or more of the appointed Election Officers are not able
to serve; THEREFORE
14 July 2003 3149
BE IT RESOLVED, that the following alternates are hereby appointed to serve as Election
Officers, for one or both of the above referenced Municipal Elections; with notice to be given by Chief
Inspector Vera Culver as much in advance as possible.
Alternates: (1) Emma (Libby) McCawley, 10 Woodgrove Circle
(2) Douglas Taylor, 656 Gayfer Avenue
(3) Jeanuth Ganus, 550 Morphy Avenue
BE IT FURTHER RESOLVED, that the Chief Inspector shall be compensated $100.00 for
each Election and for each Run-off Election, if necessary, and other Election Officers shall be
compensated $75.00 for each Election, and for each Run-off Election, if necessary.
ADOPTED THIS 14`h DAY OF JULY , 2003.
t
Tim y M. Ka t, Ma or
Attest:
eniece W. Johnson, City Cler r
Councilmember Quinn introduced in writing, and so moved for the adoption
of the following resolution, a resolution authorizing Mayor Kant to execute a contract
between the City of Fairhope and Roberds Corporation for Consultant/Construction
Management services for the renovation of the Civic Center restrooms, City Hall
break room, and existing offices. Seconded by Councilmember Gentle, motion
passed unanimously.
RESOLUTION NO. 475-03
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA that
Mayor Kant is hereby authorized to execute a contract between the City of Fairhope and Roberds
Corporation, for Consultant/Construction Management services for the renovations of the Civic Center
restrooms, City Hall break room, and existing offices.
ADOPTED THIS THE 14`h DAY OF July , 2003
jothy M. ant, or
Attest:
Geniepe W. Johnson, City Cr7lreasurer
14 July 2003 3150
Councilmember Anders introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute an
agreement between the City of Fairhope and Hutchinson, Moore & Rauch, LLC to
conduct environmental consulting services to maintain compliance with the
conditions of the MS4 Permit. Seconded by Councilmember Gentle, motion passed
unanimously.
RESOLUTION NO. 476-03
WHEREAS, the City of Fairhope shall enter into agreement with Hutchinson, Moore & Rauch,
LLC (HMR), to provide environmental consulting services in an effort to maintain compliance
with the conditions of the Municipal Separate Storm Sewer System (MS4) Permit; and,
WHEREAS, to provide environmental consulting services, the following plan of action will be
implemented by Hutchinson, Moore & Rauch:
1. Represent the City at meetings of the Stormwater Consortium.
2. Address related correspondence on behalf of the City.
3. Complete the annual stormwater sampling and analysis (one time each
year).
4. Complete and submit the City's required annual report.
WHEREAS, the cost to provide environmental consulting services shall not
exceed $7,000.00; and,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
that Mayor Timothy M. Kant is hereby authorized to execute an agreement between the City of
Fairhope and Hutchinson, Moore & Rauch, LLC, to conduct environmental consulting services to
maintain compliance with the conditions of the MS4 Permit.
Adopted this 14th Day of July , 2003.
othy M.I
t, yor
Attest: T'
eniece W. Johnson, C3ity Cler asurer
Councilmember Gentle introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute the
necessary documents to purchase property located on County Road 33, adjacent to
Well #3, to be used for a future well site. Property contains approximately 3.77 acres
more or less. Seconded by Councilmember Ford, motion passed unanimously.
14 July 2003 3151
RESOLUTION NO. 477-03
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized
to purchase property located on County Road 33, adjacent to Well #3, to be
used for a future well site at a purchase price of $53,600.00. This property
contains approximately 3.77 acres more or less.
DULY ADOPTED THIS 14" DAY OF Jul 2003.
t I k,--�
V-
)Tiothy M. an , Mayor
Attest:
Geniece W. Johnson, Ci rk/Treasurer
Councilmember Gentle moved to un-table the application for a Club Liquor
License by Karen Lavender Schurr dba Sweet Willies Brews and Cues, located at 109
South Section Street, Fairhope, Alabama. (Public Hearing held June 23, 2003 and tabled)
Christopher Browning, Police Chief, addressed the City Council reporting that all of
his unanswered questions regarding this request were answered. Mr. Browning
further reported that the applicant checked out and he had no reason for the applicant
not to receive approval of the issuance of a license. However, there seems to be
concerns with the Building Department.
Erik Cortinas with the Building Department addressed the City Council reporting that
there are concerns regarding the fire separation of the buildings, life safety issues and
that no architecture plans have been submitted to the Building Department.
Councilmember Gentle moved to deny the request. Seconded by Councilmember
Quinn, motion passed unanimously.
Sandy Mitchell addressed the City Council and explained that was his first time
hearing about having to have an architecture plan, but he was aware of the Fire
Inspector concerns. Mr. Mitchell further explained that he needed to know about the
Club Liquor License before putting money into the building.
Mayor Kant stated that he personally did not want to see a club in the downtown area.
Mayor Kant also stated that the City would be looking at changing the ordinance on
what is allowed in the downtown Central Business District.
14 July 2003 3152
Councilmember Anders, Chairperson of the Finance Committee, and her
committee, Councilmember Gentle, Councilmember Quinn, and staff member Rose
Fogarty, made the following report and recommendations:
• Recommend that the City Council direct the Mayor to look into a lodging tax.
• Recommend that the City Council direct the Mayor to report to the Council
which of the City's buildings is covered by a termite bond.
• Recommend that the Municipal Capital Improvement Funds be used to restore
the fagade of the Old City Hall (Old Jail 24 South Section Street).
• Recommend that the City of Fairhope allow Gulf Artspace to use the old city
hall until such time as the City is ready to restore it for another use. (Due to
the lease between the Fairhope Single Tax Corporation and the City of
Fairhope, it is not allowable)
• Recommend that the Mayor look into the life of the landfill.
• Asked for a report by the first meeting in August 2003 as to the expected costs
of running the new swimming pool
• What is the status of the skateboarder's park?
Councilmember Anders so moved to grant the request of Baldwin County
Commission — Requesting permission for County personnel to access City property as
part of the Cemetery Location Project and make a location determination for
developing the Baldwin County Cemetery Location Database. Seconded by
Councilmember Quinn, motion passed unanimously.
Councilmember Gentle moved to grant the request of the American Heart
Association - requesting permission to hold their 91h Annual American Heart Walk
on Saturday, November 151h, 2003. The 3-mile walk will begin at 8:00 a.m. at the
Fairhope Pier and be completed by 2:00 p.m. Seconded by Councilmember Quinn,
motion passed unanimously.
Councilmember Ford moved to grant the request of the Baldwin County
Home Builders Association — Requesting permission to put up directional signs for
their annual Parade of Homes scheduled for July 12, 13, and 19, 20, 2003, as long as
the signs are picked up at the end of each weekend tour. Seconded by
Councilmember Quinn, motion passed unanimously.
Simeon Coxe with Gulf Artspace addressed the City Council requesting
permission to use the Old Jail/Old City Hall property for their continuation of Gulf
Artspace's programs. The Old Jail/Old City Hall will be used on a month to month -
temporary basis, in an effort not to conflict with the FSTC lease. Gulf Artspace is
currently using the old Nut Processing building located at 415 Fairhope Avenue.
Gulf Artspace will have to vacate this location March 2004 for the construction of the
new library.
14 July 2003 3153
City Attorney, Marion E. Wynne (Tut), stated that because of the revert clause by the
FSTC the property would revert back to the FSTC if not used for municipal purposes.
Even though the lease to Gulf Artspace would be on a temporary basis, Mr. Wynne
advised the Mayor and Council not to lease the property. FSTC has already taken
the step accreting their right if the property is not used for municipal purposes.
Mayor Kant stated that we do not want to give false hope that the City has other
buildings that can be used, and that it is time for Gulf Artspace to find their own
facility.
Councilmember Ford read a letter from Louis Mapp supporting a Fairhope Historic
Museum next to the Welcome Center and Mr. Mapp will donate $100,000.00 for this
project.
Councilmember Christenberry expressed that he had received calls from 501 C3 (Not -
for -profit organization) organizations asking how could they sign up for getting city
buildings. Councilmember Christenberry stated that we needed to be careful about
giving the impression that the City has buildings available for 501 C3 organizations.
Councilmember Gentle continued to ask that funds be placed in the budget for the
Old Jail/Old City Hall buildings. Councilmember Anders moved that the $95,000.00
in the Municipal Capital Improvement Fund be used to restore the fagade of the Old
Jail.
After further discussion, Councilmember Anders withdrew her motion.
Councilmember Anders then moved to determine how much it would cost to restore
the facade of the Old Jail. Seconded by Councilmember Ford for the purpose of
discussion.
Councilmember Gentle stated that this should come to the committee so they can look
at the cost of restoring the fagade of the building, and that a drawing of what the
committee envisioned of what the exterior of the Old Jail Building should look like
was presented at the last meeting. Councilmember Gentle also reminded the City
Council that just last year Councilmember Quinn moved that the Old Jail Committee
look into the cost of hiring a company to determine the structural environmental
concerns of the building. The Old Jail Committee has not done this. Mayor Kant
stated that he would like to see the committee's details.
Councilmember Anders withdrew her motion to determine how much it would cost to
restore the facade of the Old Jail. Councilmember Ford withdrew his seconded.
Councilmember Quinn moved to grant Change Order Request # 1 — Morgan
Dredging and Pile Driving, Inc., Spanish Fort, Alabama, for the repairs to the
Fairhope Municipal Pier by increasing the contract by $17,400.00. Seconded by
Councilmember Gentle, motion passed unanimously.
14 July 2003
Identification: PRIMARY / SECONDARY WIRE & CONDUCTOR
Bids must be received by: July 1. 2003
at: 4:00 p.m.
The City of Fairhope Annual Bid for Primary/Secondary Wire and Conductor.
Bid price is to be good for one (1) year.
3154
VENDOR:
ITEM/PRICE:
DELIVERY
HUGHES SUPPLY, INC.
PRIMARY 110AWG 15KV UNDERGROUND CABLE
Pensacola, FL
Price: $1.2237 per ft.
PRIMARY410AWG 15KV UNDERGROUND CABLE
Price: $1.777 per ft.
TRIPLEX #410 AL SWEETBRIAR STRANDSEAL WIRE
Price: $1.189 per ft.
1/C #6 SOLID SOFT DRAWN BARE COPPER
Stock to
Price: $1.16 per lb.
6-Weeks
1/C #6 SOLID SOFT DRAWN BARE COPPER
Price: $1.16 per lb.
1/C #4 SOLID SOFT DRAWN TRANSFORMER RISER WIRE
Price: $1.38 per lb.
VENDOR:
ITEM/PRICE:
DELIVERY
UTILITY POWER, INC.
PRIMARY I10AWG 15KV UNDERGROUND CABLE
Fairhope, AL
Price: $1.295 per ft.
*PRIMARY410AWG 15KV UNDERGROUND CABLE
Price: $1.67 per ft.
TRIPLEX #410 AL SWEETBRIAR STRANDSEAL WIRE
Price: $1.30perft.
4-Weeks
1/C #6 SOLID SOFT DRAWN BARE COPPER
Price: $1.26 per lb.
1/C #6 SOLID SOFT DRAWN BARE COPPER
Price: $1.26 per lb.
1/C #4 SOLID SOFT DRAWN TRANSFORMER RISER WIRE
Price: $1.80 per lb.
CAPSTONE/ GRESCO
NO BID
UTILITY, Dothan, AL
GRAYBAR ELECTRIC CO.
NO BID
Mobile, AL
MATHES OF ALABAMA
NO BID
Daphne, AL
MAGNOLIA ELECTRIC
NO RESPONSE
SUPPLY, Fairhope, AL
MAYER ELECTRIC SUPPLY
NO RESPONSE
CO., Dothan, AL
STEWART C. IRBY CO.
NO RESPONSE
Pensacola, FL
14 July 2003
3155
It is advised to accept the low bid of HUGHES SUPPLY, Pensacola, FL for all of the Primary and Secondary
Conductor except for the 'Primary 410AWG Underground Cable with the low bid being Utility Power, Inc., Fairhope,
AL.
Aaron Norris,
Electrical Dept. Supt.
Wayne Smith,
Purchasing Agent
Councilmember Ford moved to accept the low bid of Hughes Supply,
Pensacola, Florida, for all of the Primary and Secondary Wire and Conductor except
the Primary 4/OAWG Underground Cable with the low bid being Utility Power, Inc.,
Fairhope, Alabama, provided all specifications are met. Seconded by
Councilmember Gentle, motion passed unanimously.
Congratulations went out to Councilmember Quinn for being voted as
Chairperson of Design Alabama and appointed by ADECA as the Comprehensive
Outdoor Recreational Planning Counsel.
Congratulations went out to Sherry Sullivan, Coordinator of the 4ch of July
Event, and congratulations to the Police and Fire Department for a job will done.
City Attorney Marion E. Wynne exited the dais at 6:35.
Councilmember Quinn so moved to pay bills as presented. Seconded by
Councilmember Gentle, motion passed unanimously.
There being no further business to come before the City Council the meeting
was duly adjourned at 6:41 p.m.
14---
othy M. ant Mayor
Geniece W. Johnson, Ci reasurer