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HomeMy WebLinkAbout11-08-2004 Regular Meeting3427 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, 8 November 2004. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. No one was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Wayne Smith, Purchasing Agent, gave the invocation. Councilmember Ford moved to approve minutes of the 25 October 2004, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Joe Birindelli, Chairperson of the Citizens for Local Troop Support, addressed the City Council to announce the Veterans Day parade in Fairhope on Saturday, November 13, 2004 at 2:00 p.m. Mr. Birindelli also requested that the Mayor and Council march at the head of the parade. After Mr. Birindelli's announcement, Councilmember Ford presented a surprise plaque to Mr. Birindelli for supporting the local Military Units and for continued support to the Veterans. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Quinn introduced in writing Ordinance No. 1230. 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 Montrose Properties from RA — Residential Agricultural to R1— Single Family. This property is located South of Morphy Avenue, East of County Road 13, Fairhope, Alabama. 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 voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Christenberry moved for final adoption of Ordinance No. 1230. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution increasing the fees for rental of the James P. Nix Center. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3428 8 November 2004 RESOLUTION NO. 1074-04 A RESOLUTION REPLACING RESOLUTION NO.750-01 SETTING FORTH THE RULES AND REGULATIONS FOR THE OPERATION OF THE JAMES P. NIX CENTER COMPLEX LOCATED AT ONE BAYOU DRIVE. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 1. The Fairhope Senior Citizen Department will have priority use of the James P. Nix Center. The Main Ballroom and Doris Chennell Room and kitchen may be rented to individuals or groups when available. The furniture, tables and chairs in the Doris Chennell Room will not be moved. Tables and chairs may be moved in the ballroom by renters. The kitchen will be rented only with the rent of the Doris Chennell Room or Ballroom. II. RESERVATIONS Reservations shall be on a first come, first served basis, except Governmental functions shall take precedence over all other functions and may necessitate the cancellation or postponement of an event. Persons or groups wishing to reserve one or more of the facilities must complete an Application for Use of Activity Center form, including Bond Section required, pay required rent, and be entered on the Activities Calendar located in the Activity Center. No reservations confirmed until rent is paid. Cancellations must be in writing and given to the Banquet Manager/James P. Nix Center not less than thirty (30) days prior to event. Fee refunds will be made, by check, less a $10.00 or 20% handling charge, whichever is larger. Groups that have events that occur annually and have rented the auditorium for at least five consecutive years shall have the right for advance booking provided that date is requested and deposit paid prior to current event. The Doris Chennell Room rent shall be $385 per day or $100 per hour to City of Fairhope residents, plus $15 per hour for each hour of use (Charge will be $37.50 per hour on recognized City holidays) Ballroom rent shall be $485 per day, plus $15 per hour for each hour of use, for any Local persons or groups. (Charge will be $37.50 per hour on recognized City holidays). 3429 8 November 2004 From 8:OOAM until 5:00PM on regular working days of the City of Fairhope, when a paying group is not using it, the Nix Center may be used by: The Fairhope Public Schools, when the principal writes a letter to the Director of the Nix Center requesting use and a waiver of the rent, and the Director approves such use as a purpose that will not interfere with the regular operations of the Nix Center. 2. Thomas Hospital, as long as it remains a not for profit community hospital, and the Administrator of the hospital requests such use and rental fee waiver, and the Nix Center Director approves such use as one that does not interfere with the regular operations of the Nix Center. 3. Any Fairhope community organization, whether senior or otherwise, which is not a commercial venture for private gain, may pay a membership fee of $50.00 a year which membership allows said member organization use of the facility for free, as long as their use will, at the Nix Center Director's opinion, not interfere with the regular operations of the Nix Center. This includes civic groups, churches, or clubs such as coffee clubs, investment clubs, etc. Clubs whose members are all members of the Nix Center do not have to pay the $50.00 a year membership fee. Waiver of rental fees does not mean waiver of cleanup fees. Cleanup fees and the hourly fee will still apply and any request for waiver of the rental fee must be in writing from the principal of the requesting school or the administrator of the hospital. After 5:00 p.m. only the Fairhope Public Schools or Thomas Hospital may use the Nix Center with a waiver of rental fees. Cleanup fees and the hourly fee will still apply. Any request for waiver of the rental fee must be in writing from will principal of the requesting school, or the administrator of the hospital III. RULES AND REGULATIONS Kitchen supplies and equipment will not be used by anyone other than those paying this fee and renting the ballroom or Doris Chennell room. 2. The Mayor must approve any other type rental. A fee for use of plants and flowers, if available, will be based on the number used and the fee will be set by the Public Works Supt. 3430 8 November 2004 3. Decorations must be placed on the day of the event. The Fairhope Activity Center permits use on an "as is basis the City will not clean-up debris left by a decorating group. 4. Access to the building must be arranged with the Banquet Manager. There will be an inspection after each event by City Personnel. 6. A cleanup fee will be charged at a rate of $15.00 per hour for actual time required to clean. 7. All decorations must be removed following an event. Decorations that are to be shared with other groups may be left in place if prior arrangements are made with and approved by the Banquet Manager. 8. Law Enforcement Personnel and/or chaperons, if required by the Banquet Manager, must be approved by the Fairhope Chief of Police and will be present during entire event. 9. All decorations are to be free-standing or approved by the Banquet Manager. All decorations must be removed before renter leaves building. All debris to be hauled off by renter. Arrangements can be made to be hauled off by the City at a charge to be determined. 10. Place settings can be rented at $1.00 per set/full 11. Specifics for Ballroom and Doris Chennell Room users: A. No equipment or materials will be placed in the Doris Chennell Room or ballroom prior to the day and time of use unless approved by the Fairhope Activity Center Director. B. All equipment and materials will be removed at end of rental hours. C. No painting of any type will be permitted inside the complex. D. If a sound or lighting system is required it must be furnished by the renter. 3431 8 November 2004 E. The number of ballroom seating is to be given at the time of booking. Maximum seating and/or crowd capacity will be as per the Fire Code. Fire and exit lanes will be open at all times. Chairs will not be disconnected and moved into aisles. 12. No inventory items, such as chairs, tables, podiums, movie projectors, screens, kitchen utensils, pots, pans, silverware, dishes, etc., will be loaned or permitted to be removed from the premises under any condition. 13. Permission from the Banquet Manager will be required for any person or group to bring into the building and use an appliance with special power requirements. 14. No nails, tacks, brackets or self-adhesive tape will be allowed on or in walls, ceilings, floors, or any material that will deface, mar or damage a finished surface. The Banquet Manager will be the authority on such matters. 15. Religious groups may use the complex facilities for meetings, conventions, dinners, etc., but will not be permitted use any part of the facility as a permanent sanctuary on a regular Sunday or weekday basis. 16. A $2,000 bond is required to use the Doris Chennell Room or ballroom and is to be secured by an item of value such as property, savings account, certified check, etc.; and must be approved by the Mayor. 17. In order to maintain health standards as required by state and county regulations, all users of kitchen and auditorium must comply with the following: A. All pots, pans, trays, plates, saucers, cups, serving dishes, glasses, and silverware will be washed before use. B. After food serving has been completed, and before leaving the complex, all items listed above will be washed and separated (all spoons together, etc.) and stored in proper locations as found prior to use. 3432 8 November 2004 C. All equipment, including coffee and tea urns will be cleaned after use. The responsibility will fall on the renter. If not done a fee will be assessed by the Banquet Manager. D. Stoves and ovens will be cleaned; sinks, work areas and slicing equipment will be cleaned. E. All garbage will be removed from building and placed in dumpster provided at close of activity. F. All personal equipment will be removed at the close of the activity. G. Only garbage bags and dishtowels will be furnished by the City. Any other accessories can be purchased for a fee. H. No containers or dishes will be removed from the building at any time. I. Users of ballroom only, serving food/drink will furnish own pots, pans, etc. At the end of activity, all tables will be cleaned. Ice machine and refrigerators will be used only by those renting kitchen. K. Use of coffee pots or urns will be $5.00 19. The lobby alone will not be used as a meeting place. 20. The City of Fairhope, its departments and agencies, and city sponsored functions shall be exempt from rental fees provided the functions will improve the skills, finances, or betterment of the sponsoring department or portray the City of Fairhope in the best light for the good and benefit of the citizens of Fairhope. This does not relieve the said departments from clean-up and security responsibilities, except that no bond will be required to insure performance. 3433 8 November 2004 21. No rice, birdseed, toilet paper, or shaving cream will be thrown inside or outside the complex. The Council reserves the right to amend, deletes, adjust, or waive any and all stipulations set out herein. ADOPTED this 81h day of November , 2004. 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 Moore Engineering Company, Inc. for the construction repairs to the Fairhope Municipal pier and other related facilities — The Municipal Pier and other related facilities were damaged by Hurricane Ivan on September 16, 2004. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO.1075-04 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Timothy M. Kant, is hereby Authorizing Mayor Kant to execute an agreement between the City of Fairhope and Moore Engineering Co., Inc. to provide engineering services for the construction of repairs to the City of Fairhope Municipal Pier caused by Hurricane Ivan (September 2004). REILII 8 November 2004 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a contract between the City of Fairhope and Gould, Evans, Goodman Associates, LC, to revisit and revise the City of Fairhope's Comprehensive Plan. The contract amount is for $25,000.00. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1076-04 WHEREAS, Resolution No. 1048 approved and adopted by the City of Fairhope City Council on 9 August 2004 resolved the following: The City of Fairhope Comprehensive Plan be reevaluated in light of the growth the City is experiencing, and; That the process be public, transparent, and actively engage the citizenry of Fairhope just as the original process did, and; The Plan incorporate new topics to be considered, such as economic development, downtown economic strategies, and others that will be identified by the Planning Commission, the City Council, and the public. The Planning Commission approved this resolution on the 2nd day of August 2004. NOW BE IT FURTHER RESOLVED THAT THE GOVERNING BODY OF THE CITY OF FAIRHOPE, hereby authorize Mayor Kant to execute an agreement between the City of Fairhope and Gould, Evans, Goodman Associates, LC to revisit and revise the City of Fairhope's Comprehensive Plan. The contract amount is for $25,000.00. DULY ADOPTED THIS 08`h DAY OF NOVEMBER , 2004. 3435 8 November 2004 Christopher Baker, Director of Planning and Building, addressed the City Council to explain that the Eastern Shore Art Center, Committee on Public Art, is requesting that the City make a grant application to the Alabama State Council on the Arts. The total project cost is 15,000. The grant is 7,500 and 7,500 will be in -kind contributions. The Committee on Public Art is interested in developing a long-term landscape plan for Knoll Park to serve as a public sculpture venue. Members of the Committee on Public Art explained to the Council in greater detail the project — as it is theirs — and that the City is a conduit for the grant money. Lee Verneuille addressed the City Council to explain that this grant is not before the City Council to authorize putting art in Knoll Park. However, this grant is to provide first a vision of a master plan, and to see if the community and city council are interested. Councilmember Quinn expressed that Knoll Park is not what it could be, and encouraged citizens to go and use the park. Councilmember Quinn further expressed that this grant will be used to develop and fund a master plan for Knoll Park. This grant does not bind the City to any part of this grant and has no strings attached. Councilmember Ford expressed that maybe we should leave the park along. Mayor Kant echoed Councilmember Quinn's concerns and stated leaving the park as is would only cause this issue to come up again in ten -years from now. Councilmember Christenberry expressed that he needed clarification of the grant. What is the Council voting on - landscaping of Knoll Park or sculptures for Knoll Park? Lee Verneuille stated that the wording of the grant could be changed to better explain the purpose of the grant. Mr. Verneuille withdrew this item from the agenda to make the grant wording clearer, and to take Councilmember Stankoski's recommendation of submitting alternative proposed sites for the Council to consider. Christopher Baker, Director of Planning and Building, addressed the City Council to explain that Dr. Gravlee is proposing to develop a medical office and ambulatory surgery center across from the Fairhope Middle School on North Section St. This project previously came before the Planning Commission and the Zoning Board of Adjustments for a height adjustment. The height adjustment was approved by both bodies. By ordinance, a site plan review is required due to this being zoned commercial and the building being large. KUrll 8 November 2004 The issues associated with this request are as follows: Comprehensive Plan: The Plan would support this request because is it redevelopment of an underused commercial site. Elevations: Proposed elevations of the building, including exterior construction materials are provided. The building is within the height approved. Drainage: The engineer is using a combination of underground storage and pervious parking to meet the City's stormwater management requirements. Staff has been in contact with the design engineer and they have been advised as to the requirements. Landscaping: The City landscape ordinance will be met. The required buffer and fence is being provided adjacent to the residential property. Lighting: Parking lot lights are proposed. They are meeting the City requirements. Bike Rack and Pedestrians: Sidewalks are being provided, so too is a bike rack. The Planning Commission considered this request at the 1 November meeting and recommended approval. Andy Burell representative for Dr. Gravlee was present to address any questions of the City Council. Councilmember Christenberry moved to approve the Site Plan. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Rose Forgarty, Finance Director, gave a financial report for the Month of September 2004. No City Council action was required nor taken. Councilmember Ford moved to appoint Jenny Douglass to the Recreation Board to fill the vacancy of Trisha McMahon (Resigned). This is a five-year term. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Quinn moved to appoint Charles R. Zunk to the Airport Authority to fill the vacancy of Brad Harris (Moved). This term will end March 2009. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Ford moved to reappoint Bobby Green to the Tree Committee. This term will end November 2007. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3437 8 November 2004 Councilmember Stankoski moved to update the Fairhope Police Reserve Roster by removing Olivia Payne, David Johnson, Michael Langley, Chuck Jaynes, and Michelle Gandy. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. James Hines addressed the City Council to ask that the City Council investigate the possible violation of his first amendment rights of free speech. Council President Gentle allowed Mr. Hines to speak and explained to Mr. Hines that the City Council was elected officials not jurors. Council President Gentle turned this matter over to the City Attorney Marion E. (Tut) Wynne to look into this and reply to Mr. Hines in writing. Councilmember Ford, the Council representative of the Recreation Board, addressed the City Council with a matter concerning the use of the City's swimming pool. Councilmember Ford explained that the City has a public pool that is open to people within Fairhope's school district. The Recreation Board has been faced with a concern of allowing private teams to use the pool. The Recreation Board has operated the old pool for the last 20 years without any problems. The City pool has been used by FAST, Fairhope Area Swim Team, for many years, and is used by citizens that pays for pool membership. The Recreation Director, Eddie Boyett, was approached by TNT Organization requesting the use of the City's pool for 50 hours for practice. TNT organization is currently a private team, and currently practice in Point Clear. The staff needs guidance on allowing private swim teams to use the Municipal Public Pool. Councilmember Christenberry moved not to have private swim teams use the City of Fairhope Municipal Public Pool. Seconded by Councilmember Ford. Councilmember Ford stated that the City should not allow private lessons at the City's pool, and that the City should not back up on the Recreation Board recommendations to allow 8 hours of TNT usage until April 2005. Members of the Recreation Board thought that TNT had rejected the City's offer. However, Debbie Anders with TNT Organization stated that they did not reject the City's offer of allowing them to use the pool for eight hours. Councilmember Christenberry withdrew his motion. Councilmember Ford moved to honor the previous commitment for the time set by the Recreation Director of eight hours until April 2005, not to allow private lessons, and to affirm what the Recreation Board has done in this matter. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3438 8 November 2004 Chris Browning, Police Chief, addressed the City Council requesting that an attractive tree/flower planter be placed at the end of Cottage Drive. This placement would effectively turn Cottage Drive into a dead end street, while still allowing pedestrian traffic. The Chief feels that this method would go a long way towards giving the residents of Cottage Drive relief to vehicular traffic. Councilmember Ford moved to grant the Chief s request. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. STATE BID METER DEPARTMENT - TRUCK CAPITOL CHEVROLET INC, $10,293.00 630248219-00 NET EA TRUCK, MID -SIZE, PICKUP, 6' SMOOTH SIDE BODY INCLUDES ALL STANDARD EQUIPMENT AND THE FOLLOWING FEATURES AND/OR OPTIONS: WHEEL BASE: 108.3" MINIMUM 4 CYLINDER ENGINE AIR CONDITIONING 4 WHEEL ABS BRAKES AM/FM STEREO AUTOMATIC TRANSMISSION BRAND: CHEV MODEL:COLORADO The Meter Department has a truck budgeted for this physical year. It is recommended to purchase a new Chevrolet Colorado Truck on the State of Alabama Vehicle Contract T191, contract number 4007527 and commodity number 070-52-086430. The total purchase price of the vehicle is $10,293.00. Estimated delivery of the truck is 45-60 days. Councilmember Quinn moved to accept the state bid of Capital Chevrolet Inc, Montgomery Alabama, for Meter Department truck, provided all specifications are met. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Councilmember Christenberry moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn moved to address the following item not on the printed agenda. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 3439 8 November 2004 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to cancel the current contract with Cingular on cell phone services and to authorize Mayor Kant to execute an agreement between the City of Fairhope and Nextel for cell phone services. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1077-04 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Timothy M. Kant is hereby authorized to cancel the current contract with Cingular on cell phone services and to Authorizing Mayor Kant to execute an agreement between the City of Fairhope and Nextel for cell phone services. DULY ADOPTED THIS 08`h DAY OF NOVEMBER , 2004. Tim thy M. Kant Mayor Attest: Geniece W. Johnson, City lerk/Treasurer Councilmember Ford moved to address the following item not on the printed agenda. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Ms. Bill Hopper with FEMA addressed the City Council requesting that information on Project Rebound be given out to individuals. This is a program to assist with coping with Hurricane Ivan. Mayor's Comments — Mayor Kant reminded the City Council of up coming meetings and issues that the City Council will soon address. There being no further business to co a before the City Council the meeting was duly adjourned at 7:33 p.m -----> Robed C. Gentle, Council Geniece W. Johnson, C' erk/Treasurer