HomeMy WebLinkAbout04-12-2004 Regular Meeting3287
STATE OF ALABAMA X
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, 12 April 2004.
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/Treasurer 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 Rev. Kenny Pierce with Church of God, gave
the invocation. Councilmember Gentle moved to approve minutes of the 22 March
2004, regular meeting. Seconded by Councilmember Christenberry, motion passed
unanimously.
Christopher Baker Director of Planning and Building presented Mayor Kant
an Outstanding Planning Award for Project/Program/Tool 2004 from The Alabama
Chapter of the American Planning Association honoring the City of Fairhope's
Strategic Implementation Tools.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 557. Councilmember Ford introduced in writing
Ordinance No. 1201. The Planning & Zoning Commission recommended approval of
this ordinance. No one present was opposed to the amendment, an ordinance to re-
zone the property of Susan D. Calhoun and Sally D. Megginson from RI -Low
Density Single Family Residential District to R-2 Medium Density Single -Family
Residential District. This property is located at 716 South Mobile Street, Fairhope,
Alabama. In order to take immediate action Councilmember Gentle moved for
immediate consideration. Seconded by Councilmember Quinn, motion for immediate
consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn,
Kant, Christenberry, and Anders. NAY -none. Councilmember Gentle moved for
final adoption of Ordinance No. 1201. Seconded by Councilmember Quinn, motion
for final adoption passed unanimously by the following votes: AYE -Gentle, Ford,
Quinn, Kant, Christenberry, and Anders. NAY -none.
Councilmember Quinn 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 Alabama Department of Transportation
for the Amendment 666 Funds for infrastructure improvements in Fairhope totaling
$69,851.82. Seconded by Councilmember Anders, motion passed unanimously.
mm
12 April 2004
RESOLUTION NO: 1019-04
WHEREAS, this agreement is made and entered into by and between the State of Alabama, acting by
and through the Alabama Department of Transportation, hereinafter referred to as State; and the City
of Fairhope, Alabama, hereinafter referred to as City; and,
WHEREAS, the Department of Transportation is preparing to distribute available funds designated for
municipal infrastructure cost in AMENDMENT 666.
NOW, THEREFORE, the parties hereto, for, and in consideration of the premises stated herein do
hereby mutually promise, stipulate, and agree as follows:
1. The State will contribute by payment to the City, AMENDMENT 666 Funds in the maximum amount of
$69,851.82 toward city infrastructure costs incurred between October 1, 2000 through February 27,
2005.
2. Before funds are dispersed the City must return this fully executed Agreement and a signed affidavit
identifying the project or projects description, costs and the date completed.
3. This agreement will become null and void on February 27, 2005. Funds not claimed on or before
February 27, 2005 will be redistributed at the direction of the 666 Bond Commission.
4. The Ninth Division office of the Alabama Department of Transportation will be the lead agency for the
State relative to this Agreement and will be the point of contact for the City.
5. The terms of this Agreement may be modified by the supplemental agreement duly executed by the
parties hereto.
6. Nothing will be construed under the terms of this Agreement by the State or the City that will cause any
conflict with Section 23-1-63, Code of Alabama (7/24`h Law).
7. Exhibit N is attached and hereby made a part of this Agreement.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
that Mayor Kant is hereby authorized to execute an agreement between the Alabama Department of
Transportation and the City of Fairhope for the Project Agreement for AMENDMENT 666 FUNDS.
This agreement shall be attested by the City Clerk -Treasurer of the City of Fairhope and the seal of the
City affixed thereto. Upon the completion of the execution of the Agreement by all parties, a copy of
such Agreement shall be kept on file by the City Clerk.
Passed, Adopted and Approved this 121h day of April , 2004.
othy. . Ka t
Mayor
CA
W. Johnson, City r reasurer
I, Geniece W. Johnson, City Clerk of the City of Fairhope, Alabama, do hereby certify that this is a
true and correct copy of Resolution No. 1019-04 passed and approved by the City Council of the City
of Fairhope, Alabama, on the 121h day of April, 2004.
Geniece W. Johnson, City Clerk/ Treasurer Date
3289
12 April 2004
Councilmember Gentle 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 Barge, Waggoner, Sumner and Cannon,
Inc. to provide professional services for the H.L. "Sonny" Callahan Airport Layout
Plan Update. This contract amount is $27,490.00. Seconded by Councilmember
Quinn, motion passed unanimously.
RESOLUTION NO. 1020-04
WHEREAS, this agreement made between the City of Fairhope and Barge, Waggoner, Summer and
Cannon, Inc., to perform professional services for the existing Airport Layout Plan Update located at
H. L. "Sonny" Callahan Airport:
Task 1 Airport Layout Plan Drawings
BWSC shall prepare and coordinate an Airport Layout Plan (ALP) in accordance with current FAA and
ALDOT criteria. The ALP set will consist of the following drawings:
1. Airport Layout Drawing
2. Terminal Area Drawing
3. Airspace Drawing
4. Inner Portion of the Approach Surface Drawing
5. Exhibit "A" Property Map
Task 2 Site Data and Mapping
BWSC will review existing airport property line information, deed, and ownership information to verify
the property boundary as shown on existing airport drawings. Because BWSC was involved in the
purchase of the properties recently acquired by the Client, intensive deed research, field surveying, and
boundary dispute resolution should not be necessary. Aerial mapping depicting the existing terrain will
be used as the base map of the drawings requiring such information. This mapping will include contour
lines of fire -foot intervals, existing structures, and the location and heights of other objects in the area
surrounding the airport.
WHEREAS, compensation to be paid to BWSC to provide the requested services shall be a lump sum
of $27,490.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
that Mayor Timothy M. Kant is hereby authorized to execute an agreement between the City of
Fairhope and Barge, Waggoner, Summer and Cannon, Inc., to perform professional services for the
existing Airport Layout Plan Update located at H. L. "Sonny" Callahan Airport, in the amount of
$27,490.00
Passed, Adopted and Approved this 121h day of April , 2004
f
vv k___
Ti thy M. I
ant, t
ayor
Attest:
Geniece W. Johnson, Ci lerk/Treasurer
3290
12 April 2004
Councilmember Ford 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 Gallet & Associates to provide a geotechnical
investigation at the H.L. "Sonny" Callahan Airport. This contract amount is
$1,775.00. Seconded by Councilmember Quinn, motion passed unanimously.
RESOLUTION NO. 1021-04
WHEREAS, this agreement made between the City of Fairhope and Gallet &
Associates for a Geotechnical Investigation of H. L. "Sonny" Callahan Airport Apron
Pavement Rehabilitation, Fairhope, Alabama.
WHEREAS, the proposed project consists of approximately 9000 square yards of
apron pavement improvements; and,
WHEREAS, BWSC is considering a possible pavement overlay or pavement
sealcoat. Gallet & Associates will supply BWSC will the information necessary to
make an engineered decision as to the best method of accomplishing these
improvements; and,
WHEREAS, Gallet will be contracting directly with the City of Fairhope for the
completion of the geotechnical services in support of the apron improvement.
WHEREAS, compensation to be paid to Gallet & Associates to provide the
requested services shall be in the amount of $1,775.00.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Kant is hereby authorized to execute an agreement between the
City of Fairhope and Gallet & Associates for a Geotechnical Investigation of H. L.
"Sonny" Callahan Airport Apron Pavement Rehabilitation, Fairhope, Alabama, in the
amount of $1,775.00.
Passed, Adopted and Approved this 12`h day of April , 2004.
Ti thy M Ka t, Mayor
Attest:
Geniece W. Johnson, C/ y erk/Treasurer
3291
12 April 2004
Councilmember Anders introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing an appropriation of $10,000.00 to
the Ecumenical Ministries Inc. Seconded by Councilmember Ford, motion passed
unanimously.
RESOLUTION NO. 1022-04
WHEREAS, in Fairhope, Alabama, Ecumenical Ministries Incorporated (EMI) is a
public, non-profit, non -denominational, United Way social service agency; and,
WHEREAS, EMI's mission is to improve the quality of life in Baldwin County by
meeting basic needs, encouraging personal growth, effecting social and economic
justice and celebrate our common life; and,
WHEREAS, EMI provide services to the socio-economic and those in crisis
situations and have no place to turn for help on the Eastern Shore, including Fairhope
and South Baldwin County. The services rendered include:
• Emergency Aid — Direct assistance for medical, food, utilities, rent,
clothing, child care, transportation and other emergency needs.
• Meals on Wheels (MOW'S) — Volunteer's deliver nutritious, warm meals
six days a week. Meals are subsidized based on need and funding —
Fairhope area has nine routes.
• Home Repair — These projects include plumbing, electrical work,
rebuilding floors, installing windows and doors, roofing, building
wheelchair ramps and more. This program is for the elderly and disabled.
• Food Pantry — Our pantries provide a week's supply of food based on the
size of the family and their situation.
• Prescription Assistance — This program allows under -insured and non-
insured persons to receive life sustaining medications at reduced or no cost
through pharmaceutical companies indigent care program. EMI also
provide prescription assistance through the Ozanam Charitable Pharmacy
in Mobile.
Church -based Community Organizing — This program empowers poor and
moderate income families to participate effectively in our democratic
system and allow community members the opportunity to address the
issues affecting their lives: paved streets, lighting, sewage, recreation and
drainage.
3292
12 April 2004
Christmas Sharing — Children age newborn to 13 and homebound elderly
receive gift request so they will have a memorable Christmas. Home
health agencies deliver gifts to the elderly. Community Santa's sponsored
220 children and 66 elderly in Fairhope and distributed 110 holiday food
boxes.
• Gleaning Program — Local grocers, fruit markets, restaurateur and farmers
provide fresh produce and other food products to low-income families and
shutins.
• EMMY'S Thrift Shop — Through our emergency aid center vouchers are
given at no cost. With these vouchers, people can receive such items as
appliances, furniture, clothing, etc..
WHEREAS, Ecumenical Ministries Incorporated has served Fairhope residents since
1969 on a continuous basis and successfully demonstrated the capacity to operate a
neighborhood based on social service agency improving countless lives; and,
WHEREAS, Ecumenical Ministries Incorporated's 2001-2002 operating budget was
$290,000.00. The funding is primarily derived from individual contributions
($72,000.00) and South Baldwin United Way ($57,000.00). The remaining funding
comes from various sources such as church contributions, business contributions, and
grant support. Ecumenical Ministries' administrative costs were 6.0% for 2001-2002.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIRHOPE, ALABAMA, that Mayor Timothy Kant is hereby authorized to establish
a contract for services between the City of Fairhope and Ecumenical Ministries
Incorporated to appropriate the sum of $10,000.00 to be used for the needs of
Fairhope residents.
APPROVED THIS THE 121h DAY OF April , 2004.
ATTEST:
4f4 ee�- /// " X, L�,
Geniece W. Johnson, C' erk/Treasurer
3293
12 April 2004
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 Alabama Department of Conservation
and Natural Resources, State Lands Division for the purpose of a Coastal Resources
Improvement Grant for Fairhope GIS Enhancement and Wastewater Treatment
Mapping Project. Grant amount $7,500.00, with a $7,500.00 match in cash or in -kind
services. Seconded by Councilmember Ford, motion passed unanimously.
RESOLUTION NO: 1023-04
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized to execute an agreement between
the City of Fairhope and Alabama Department of Conservation and Natural
Resources, State Lands Division for the Fairhope Geographic Information System
Enhancement and Wastewater Treatment Mapping Project. This project is funded by
a grant in the amount of $7,500.00. The City shall be responsible for a cash or in -
kind match of $7,500.00. The scope of services is listed in detail as Attachment A.
APPROVED THIS THE 12th DAY OF April 2004.
.
,
othy Ka t, Mayor
ATTEST:
IV
Geniece W. Johnson, City lerk/Treasurer
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 Alabama Department of Conservation
and Natural Resources, State Lands Division for the purpose of public improvement
access at three sites to Mobile Bay. Grant amount $ 25,000.00 with a $25,000.00
match in cash or in -kind services. Seconded by Councilmember Gentle, motion
passed unanimously.
3294
12 April 2004
RESOLUTION NO: 1024-04
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant is hereby authorized to execute an agreement between
the City of Fairhope and Alabama Department of Conservation and Natural
Resources, State Lands Division for the purpose of improving Public Access to
Mobile Bay at Orange Street, Pier Street, and Volanta Avenue. This project is funded
by a grant in the amount of $25,000.00. The City shall be responsible for a cash or
in -kind match of $25,000.00. The scope of services is listed in detail as Attachment
A.
APPROVED THIS THE 121h DAY OF April , 2004.
r
ATTEST:
Geniece W. Johnson, City Pr
170yreasurer
Ka , Mayor
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to sign the Municipal
Water Pollution Prevention Program (MWPP) Report. Seconded by Councilmember
Gentle, motion passed unanimously.
3295
12 April 2004
RESOLUTION NO. 1025-04
MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM
ATTACHMENT 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, that Timothy M. Kant is hereby authorized to inform the Department
of Environmental Management that the following actions were taken by the City
Council of the City of Fairhope, Alabama.
Reviewed the MWPP Annual Report which is attached to the
resolution.
2. Set forth the following actions and schedule necessary to maintain
effluent requirement contained in the NPDES Permit, and to
prevent the bypass and overflow of raw sewage within the
collection system or at the treatment plant:
No action was required to be taken by the City of Fairhope
Passed this 121h Day of April , 2004 by an unanimous vote
M.
Attest:
Geniece W. Johnson, City r asurer
I, Geniece W. Johnson, City Clerk of the City of Fairhope, Alabama, do hereby certify that this is a
true and correct copy of Resolution No. 1025-04 passed and approved by the City Council of the City
of Fairhope, Alabama, on the 121h day of April, 2004.
Geniece W. Johnson, City Clerk/ Treasurer
Date
Councilmember Gentle introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute an
addendum # 1 (Task Agreement No. 7) with Volkert & Associates for the UV System
for Hydraulic Redundancy by adding a sub -consultant. The agreement amount will
increase by $17,980.00. (Resolution No. 438-03 January 27, 2003). Seconded by
Councilmember Anders, motion passed unanimously.
3296
12 April 2004
RESOLUTION NO. 1026-04
WHEREAS, the City of Fairhope entered into an agreement with Volkert &
Associates (Task Agreement No. 7) to provide services for the UV System for
hydraulic redundancy on January 27, 2003, Resolution No. 438-03; and,
WHEREAS, The total cost of Task Agreement No. 7 shall be $53,000.00 for
Engineering Design fee and $10,000.00 for Construction Observation fee; and,
WHEREAS, due to unanticipated events has caused the general scope of the work to
change. The addendum involves adding a sub -consultant for the design of the
controls and instrumentation, and additional construction observation fees associated
with the construction of the new Ultraviolet System at the Water Reclamation
Facility. The addendum will increase Task Agreement No. 7 by $17,980.00; and,
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute an addendum # 1 of Task Agreement No. 7 with Volkert & Associates for the
UV System for Hydraulic Redundancy by adding a sub -consultant. The agreement
amount will increase by $17,980.00.
DULY ADOPTED THIS 12th DAY OF April , 2004.
by . K t, Mayor
Attest:
4Z A4 1/7 11 ItIv
Geniece W. Johnson, Ci ler Treasurer
City Council reviewed an application for a Beer/Wine Off -Premises License
by DruAnne H. Townsley, and Samuel G. Townsley Jr., dba Uncle Sam's Super Stop,
located at 859 Fairhope Avenue, Fairhope, Alabama. Councilmember Anders moved
to approve the issuance of the license. Seconded by Councilmember Ford, motion
passed unanimously.
3297
12 April 2004
Councilmember Ford moved to grant Change Order # 2 by Robert J. Baggett,
Inc. for the renovations to the UV System at the Fairhope Water Reclamation
Facility, decreasing the contract by $46,807.00. The City will build this building
themselves. Seconded by Councilmember Gentle, motion passed unanimously.
Councilmember Anders moved to grant Change Order # 2 by Ammons &
Blackmon Construction, Inc. for the Bishop Road Relocation — Airport, increasing the
contract by $25,286.86. Seconded by Councilmember Gentle, motion passed
unanimously.
Councilmember Quinn so moved to grant the request of Eastern Shore
Chamber of Commerce requesting permission to block streets for their annual Arts
and Crafts Festival on March 18, 19, and 20, 2005. Seconded by Councilmember
Anders, motion passed unanimously.
Councilmember Ford and Dot Yeager addressed the City Council with
concerns about the erosion on the Beach. Part of the Alabama Department of
Conservation and Natural Resources, State Lands Division Grant for the purpose of
public improvement access at three sites to Mobile Bay is to construct a gazebo in the
area of the Pier Street Boat Ramp for the public. Councilmember Ford expressed that
before a gazebo is constructed and to protect a large oak tree, the erosion problem of
the beach need to be addressed or the gazebo will end up in the bay.
Jennifer Fidler Public Works Director addressed the City Council stating that it would
take approximately $18,000.00 start up cost to get the preliminaries. Councilmember
Ford stated that the waves need to break at about 150 to 200 feet in the bay not on the
shore. Councilmember Anders moved to go ahead to look into this matter, but the
City does not want riprap or a bulkhead installed. Seconded by Councilmember
Gentle, motion passed unanimously.
Mayor Kant announced that the 1165`h National Guard Unit will not be
returning home in May 2004. This unit is having to remain in Baghdad for an
additional four months. This unit was deployed in April 2003 to fight in the War on
Terrorism.
Councilmember Quinn so moved to pay bills as presented. Seconded by
Councilmember Gentle, motion passed unanimously.
There being no further business to com ore the City ouncil the meeting
was duly adjourned at 6:10 p.m.
�thy M. ant, Mayor
1.
Geniece W. Johnson, Cit lerk/Treasurer
6