HomeMy WebLinkAbout01-10-2005 Regular Meeting3472
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, 10 Janua -r� 2005.
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 Geniece W. Johnson, City
Clerk/Treasurer, gave the invocation. Councilmember Christenberry moved to
approve minutes of the 27 December 2004, regular meeting. Seconded by
Councilmember Quinn, motion passed unanimously.
Mayor's Comments:
• Mayor Kant presented Kenneth Slade with a plaque thanking Mr. Slade for serving as
Municipal Judge for the past 4-years. Ken Slade has decided to step down as Municipal Judge
due to other commitments.
• Mayor Kant presented Kevin Hempfleng with a plaque thanking Mr. Hempfleng for serving
on the City of Fairhope Volunteer Fire Department for a total of 18 years.
• Newly appointed Fire Chief Jimmy Cluster, presented the Fairhope Volunteer Fire
Department Officers to the City Council: Fire Chief Jimmy Cluster, I" Assistant Chris Ellis,
2"d Assistant Dan McCrory, Secretary Dave Kelly (Not present) and Treasurer Jeremy
Morgan. Mr. Cluster reported that FVFD responded to 407 calls during 2004.
• Sherry Sullivan, Program Director, encouraged all city employees to pay $5.00 to dress down
on Friday, January 21, 2005, to make a difference to support the American Red Cross
Tsunami Relief Fund.
• Christopher Baker, Building Department Director, presented a slide show updating the City
Council on the Planning and Building Department for 2004.
■ Record setting growth rates continue
■ 416 single family permits in calendar year 04 an increase of 14.6 %.
■ More than 1,650 lots reviewed
■ 5,450 inspections performed in calendar year 04 an increase of 18.6%
• City won ALAPA best Implementation of a plan
■ City Council authorized revisit of Comprehensive Plan.
Jennifer Fidler, Public Works Director, addressed the City Council requesting to purchase an
automatic/mechanized Collection Truck. In an effort to improve garbage and recycling collection
services the City of Fairhope conducted a 9-week pilot study in 2003 on collecting garbage with a
mechanized collection truck. The study was conducted within Quail Creek and White Grove
subdivisions and showed that 86% of these resident agreed to once a week pickup. Eventually all of
Fairhope will go to once a week collection. During the study the City provided 96 gallon wheeled,
plastic garbage container to each homeowner. Ms. Fidler stated that if this program is put in place 46 to
96 gallon containers would be considered. 3,000 containers will have to be purchased, and the council
will have to decide if the citizens will purchase the containers or will the City purchase all containers.
Ms. Fidler proposes the city purchase the containers and raise the collection fee $1.00 to help pay for
3473
10 January 2004
the containers over the years. This program would be implemented during this summer, and monies
were put in the budget to purchase a mechanical collection truck.
Geniece W. Johnson, City Clerk/Treasurer, addressed the City Council stating that she had been in
contact with Bob Young with The Frazer Lanier Company. Mrs. Johnson reported that if the base
bid for the library and all alternates were approved, and a 10% overrun was factored into this project,
the library's total could cost approximately $7.2 million. Mrs. Johnson expressed that the second
$1.5 million must still be obtained by the City and if additional monies were spent this will cause a
strain on the City's budget. Mrs. Johnson also stated that the City strugglesevery week with paying
the City's bills. Mrs. Johnson pleaded with the City Council to consider all costs of this project
before voting on the library bid.
Mayor Kant recommended opening a line of credit of $2 million to pay for damage caused by
Hurricane Ivan (September 16, 2004). The City's $2 million Rainy Day Fund has been depleted.
Mayor Kant also recommended leaving the line of credit open until the library is complete. Mayor
Kant stated that we need to made sure that the library can move into a completed building, not just a
shell. The library project started out as being a 27,000 sq ft building. Then the second story was
added increasing it to 39,000 sq ft.
Council President Gentle stated that the $2 million line of credit is for FEMA, and to pay back
operating funds. The City will pay back this loan when FEMA reimbursements are received. Then
the line of credit would be used to fund the library.
Mrs. Johnson disagreeed with this plan. The FEMA monies and the Library monies need to be
separated.
Council President Gentle recognized Boy Scout Carl Murphy with Troop 47.
Councilmember Quinn introduced in writing, and moved for the adoption of the
following resolution, a resolution accepting the public streets, public right-of-way and public
utilities within Huntington Phase I for maintenance. Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
RESOLUTION NO. 1088-05
WHEREAS, the Owners of Huntington Phase 1 desire to have all public streets and public
rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin
County, Alabama on Slide 2184-D and all Fairhope public utilities located in public 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 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 Huntington
Phase 1 maintenance bonds for the public improvements constructed for a period of 2 years
from the date of the approval of this Resolution, and;
3474
10 January 2005
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Huntington
Phase 1 are hereby accepted for public maintenance subject to the bond posted.
Adopted, this 10`h day of January , 2005
Attest:
Geniece W.Johnson, Ci lerk/Treasurer
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute a contract
between Baldwin County School Board of Education and The Fairhope Center for the
Arts Council, Inc., for a Performance Arts Center. The Baldwin County School
Board must report back to the City Council on the amount and terms of this bond
issue at a later date. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
RESOLUTION NO. 1089-05
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Timothy M. Kant is hereby authorized to execute a contract between Baldwin
County School Board of Education and The Fairhope Center for the Arts Council,
Inc., for a Performance Arts Center. These contracts will allow the City of Fairhope
to serve as a conduit between these to entities by opening an account, accept
donations from the Arts Council, Inc., and pay such donations to the Baldwin County
School Board of Education. The Baldwin County School Board will be responsible
for paying the monthly bond payments.
Adopted on this 1 Oth day of January 92005
�s
othy M. ant,Ntayor
Attest:
Geniece W. Johnson City Cr1reasurer
3475
10 January 2005
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant and Geniece W. Johnson,
City Clerk/Treasurer, to negotiate rates with the local banks for a line of credit in the
amount of 2-Million Dollars for Hurricane Ivan expenses. Seconded by
Councilmember Quinn, motion passed unanimously by voice vote.
RESOLUTION NO: 1090-05
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
that Mayor Timothy M. Kant and Geniece W. Johnson, City Clerk/Treasurer, is
authorized to negotiate rates with the local banks for a line of credit in the amount of
Two Million Dollars ($2,000,000.00) for Hurricane Ivan expenses.
Adopted on this 101h day of January 2005
6Ti)hy M. K nt, M or
Attest:
Geniece W. Johnson, City r reasurer
Site Plan Review — Christopher Baker, Director of Planning and Building,
addressed the City Council and made the following report on Mark Hammond
project, Bay Pediatric Dentistry, located on Lottie Lane, Fairhope, Alabama
Mr. Hammond's Site Plan Review is coming before the City Council because it meets
the trigger for impervious surface percentage.
The property is zoned B2. A dentist office is a use allowed. The issues associated
with this request are as follows:
Drainage: There is not a pond with this project but a series of inlets that tie into the storm drain in
Lottie Lane. This is an issue that will be resolved with the building permit, as we are already meeting
to discuss it. Mr. Hammond is proposing to use the parking lot as a detention pond.
Landscaping: The City Horticulturist has already approved the landscape plan.
Exterior Materials: Brick with some vinyl.
Dumpsters: None, regular garbage cans.
Lights: Parking lot lights are proposed and will meet City Ordinance. There is one light at the rear of
the building that will be a down light.
3476
10 January 2005
Tree: The site contractor cut a tree on City ROW. This issue is being resolved by the City
Horticulturist before the permit for the structure will be issued.
Plat: The property has been replatted into 1 lot
All other issues have been met.
The Planning Commission recommended approval of this case in accordance with the staff
recommendation.
Staff Recommendation:
To approve subject to a down light, drainage, and the tree issues being resolved before building
permits is issued.
Roy Lewis addressed the City Council explaining that the water will only stand in the
parking lot momentarily, and that the water would only be 2 to 3 inches on the car
tires.
Councilmember Quinn expressed that this was a concern of the Planning Commission
and this would set a precedence. Councilmember Quinn further stated that she would
like to see more pervious area or install pores concrete, or put in gravel.
Councilmember Quinn moved to approve the site plan, but the detention must be
done differently. Seconded by Councilmember Ford, motion passed by the following
votes: AYE -Quinn, Christenberry, Ford, and Gentle. NAY -none. ABSTAIN-
Stankoski.
City Council reviewed an application for a Beer/Wine On/Off-Premises
License by Roger N. Lartigue, dba Lartiques Seafood Market and Gumbo Shoppe,
located at 19344 Scenic Highway 98, Fairhope, Alabama. Councilmember Ford
moved to approve the issuance of the license. Seconded by Councilmember
Christenberry, motion passed unanimously by voice vote.
Councilmember Quinn moved to appoint Dennis Clark to the Medical Clinic
Board -East for a 6-year term to replace Thad Ingram (Deceased). Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
3477
10 January 2005
December 7, 2004
Damage — Hurricane Ivan
Because of the damage to buildings at Callahan Airport by Hurricane Ivan and the
possibility of more damage at Teledyne Continental facilities, it is recommended to make
repairs to buildings at the air facility as soon as possible. Repairs would be classified as
emergency repairs and will be a separate Public Works Project for each building.
Breakdown:
Thomas Roofing, Mobile, Al
All buildings
Jim Boothe Contracting, Daphne, Al
South Building
Office
Customer Support Center
North Building
Total Cost: $88,932.00
Total: $29,783.00
$21,494.00
$11,843.00
$ 7,446.00
$18,366.00
Total: $59,149.00
Repairs to public recreational facilities consisting of Orange Street Pier, Pier Street Boat
Ramp, pier to the north of the Fairhope Municipal Pier, Boat Ramp north of the Fairhope
Municipal Pier, and the White Avenue Pier will be bid at a later date.
Tommy Long,
General Superintendent
Wayne Smith,
Purchasing Agent
Councilmember Ford moved to authorize emergency repairs to the H. L.
"Sonny" Callahan Airport, which was damaged by Hurricane Ivan, September 16,
2004. Each building will be handled as a separate public works project. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
3478
10 January 2005
TABULATION
Identification: "POSTAGE MACHINE"
Bids to be received no later than: Dec. 14, 2004
at: 4:00 p.m.
VENDOR
MANUFACTURER
MODEL
COST OF MA/NT.
TRADE-IN
PRICING
DELIVERY
AGREEMENT-
FOR
TIME
ONE YEAR
OLD
MACHINE
PITNEY
Pitney Bowes
DM1000
Included in price.
$1.00
$469.00 per Mo.
30-Days
BOWES, INC.
Mobile, AL
EAGLE
Hasler
W2250
$2,200.00
N/A
$485.14 per Mo.
30-Days
BUSINESS
SYSTEMS
Mobile, AL
DID NOT MEET
ACCURATE
SPECIFICATIONS
IJ110
Included in lease
Included in
$643.11 per Mo.
30-Days
CONTROL
(Machine will not
price ($2,000.00)
lease price
EQUIP.
fit in specified area)
($6,000.00)
Fairhope, AL
Neo ost
It is recommended to accept the bid of Pitney Bowes, Inc, Mobile, AL with all specifications being met.
Geniece Johnson,
City Clerk/Treasurer
Wayne Smith,
Purchasing Agent
Councilmember Quinn moved to accept the low bid of Pitney Bowes, Inc.,
Mobile, Alabama, for a new Postage Machine, provided all specifications are met.
Seconded by Councilmember Christenberry, motion passed unanimously by voice
vote.
( BID SCHEDULE
FAIRHOPE MUNICIPAL PIER
BALDWIN COUNTY ALABAMA - DECEMBER 2004
3479
ALL BIDS shall include Sales Tax and all other applicable taxes and fees
ALL BIDDERS must comply with the Contractor's Licensing Laws of the State of Alabama
(Code 1975, Title 34, Section 8, 1-27, te. Seq), and must be certified for the type work involved.
ITEM
UNIT
UNIT
NO. DESCRIPTION QUANTITY
PRICE AMOUNT
PRICE
AMOUNT
A) Pier Seawall Bc Parking Area
MORGAN DREDGING &
D&D CONSTRUCTION
1) Remove and replace concrete sidewalk'
PILE DRIVING
SPANISH FORT, ALABAMA
LUCEDALE, MISSISSIPPI
slabs (8' wide X 4" thick) Brick colored
& stamped include 8" Compacted
Sand Base (RIM Tile Red,
manufactured by "Southem Color"
°ter
y
Cartersville, GA 30120) 1152 S.F.
I I , 5 Z o.
2) Remove and replace damaged sidewalk
bricks, with matching bricks, Incl.
sand base 107 S.F.
00 f t>d
;2 3
3) Remove and replace concrete sheet
�i eo oa
9ao
Sod• °-
13200.
pile bulkhead cap 4 L.F.
3 8�
4) Replace 6" concrete lug curb 28 L.F.
�� k5 740
B) Pier
5) Repair South Piling Bent #1 with
Symons Jacket or equal including:
Remove concrete, clean steel & paint
with STO bonding & corrosion agent (or
equal) onto the old concrete and rebar
surfaces. Pour form full of STO 8oweble
mortar, (or equal) trowel top surface
smooth & sloping to eliminate moisture
o0 00
7,2 6
& trash buildup. 1 Ea.
6) Dredge the marina (243' X 220') to 6'
k
deep (place spoils on the Clty's beach
as directed) 5000 C.Y.
po 00
%7 '! %06 J
� �2, 000
7) Dredge entrance channel (100' X 400')
to 6' deep (place spoils on the City's
beach as directed)
4400 C.Y.
94'6
s i `I • �` _
3, 3�0.°�
Seal cracks In Pier Deck Slabs with
injectable "Bike"epoxy or equal
580 L.F.
o0
GO •
of
3 v'r
s
O • ^°
Remove and replace Composite Joints
with class "A" Concrete
18 Ea.
Remove and replace wooden handrail
(on pier)
1850 L.F:
00
3�
00
Ki7—I
; 3 S. _
A G y, 750.°=
Patch concrete slabs and/or composites
with epoxy concrete
34 Ea.
SO
41-0.7
o0
/ 3 6i3�
350.
I I , 9
Remove and replace Damage to Rest
Rooms and Electrical enclosure (roof
L.S.
eo
eo
and walls)
Remove and replace steel sun shelter
complete, (next to rest rooms) 1 Ea.
��
p� . G
7 6—
Gb
Repair roof to sun shelter on West End
Pier L.S.
pp
3.3D4
pp
3.3a%
of
C) Swim Platform
15) Remove and replace deck panels
(including anchors as necessary) 3 Ea. b
r
�31,coo. ° }
31 . 000, eo
$ 3 000 00 4 30 00. ° e
. -1 S; •700." 3
11
ITEM UjWT
NO. DESCRIPTION QUANTITY PRICE AMOEWT,
D) Marina
MORGAN DREDGING &
PILE DRIVING
16)
Remove and replace East walkway
SPANISH FORT, ALABAMA
complete, Including concrete bents,
curtain wall slabs, deck slabs, piling,
timber railing, waterlines, electrical
conduit & wiring, light poles & outlets
L.S.
/ oo
J p
6
17)
Remove and replace concrete steps
from Pier to Marina walkway ( Include
timber railings)
2 Ea.
ou
9,'
ep
% 7,!0
18)
Remove and replace walkway slabs on
South side of Marina ( Including
concrete composites)
4 Ea.
oU
�1 so
19)
Remove and replace walkway slabs on
West side of Marina ( Including
concrete composites)
y 00
�l�
%
5 Ea.
�7
a2
20)
Remove and replace timber railing on
South & West side of Marina walkway
(Including all electrical conduit, lines &
D
outlets, & waterlines and hose bibbs, as
shown on the &
plans specifications)
465 L.F.
E) Crabbing Platform
1)
Remove and replace Crabbing Platform
complete (Including 2 concrete slabs
L.S.50
f
with, timber railings &composites)
lti�
'2)
Remove and replace concrete steps
timber
LS.
(Include railings)
l7 Miscellaneous
?3)
Replace eroded soil & sod as shown
400 S.F.
J
'
14)
Replace Asphalt Pavement 1.5"
e0
00
thick (410-A) Incl. 8" sand clay base
11 S.Y.
?5)
Replace 4"schedule 80 PVC sewer
pipe under pier deck slabsvdth
stainless steel straps
40 L.F.
28)
Replace 1" schedule 60 PVC waterline
(northslde of pler, west of restrooms)
75 L.F.
ts6
a 3
6'O
27)
Replace all exposed piping in both
o0
00
restrooms
LS.
28)
Resat deck aloha out ofline with pier
bearing
�
(replace a
pads as necessary)
�
29)
Remove and replace damaged timber
ralling including stainless steel bolts
Bent 34.
L.S.
oa
00
on crabbing platform at
30)
Remove and replace all docking piling
In Marina to facilitate the dredging work
dredging
180 Ea.
31)
Pro)ectMobilization and Do -Mobilization
LS.
�aa�D,SQ�
I��a Qoo
q6/, 38
TOTAL BID (Items 1 - 31)
a
UNIT
PRICE A410VII T
D&D CONSTRUCTION
LUCEDALE, MISSISSIPPI
IIj 258, 90Z. 0 '4 2-6 gz3z.GO
II SB.Zee, -9 d 1&,560.-
II3$,94fo.- fZ3,'I�O.°�
s 19\,g56 s 89.z1o.V
s -0.fe 37,006.12-0
32,fo00.o_° 3 2-,li0o_�9-
S 2,880.- a2,88o_1Q
1 13z, soo. - 4 13z, Soo_
S I. oZl, 06.e9
3481
10 January 2005
Councilmember Ford moved to accept the low bid of Morgan Dredging & Pile
Driving, Inc, Spanish Fort, AL, to repair the Municipal Pier that was damaged by
Hurricane Ivan, September 16, 2004. Councilmember Ford also moved to deduct the
builder's risk, and deduct the 2-year maintenance, and that a performance bond must
be provided. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
TABULATION
Identification: "REMOVAL -STEEL BUILDING -HANGOUT"
Bids to be received no later than: January 3. 2004
at: 4:00 p.m.
Removal of Steel Building (Hangout) on Faulkner Campus
VENDOR:
BID:
ALT. BID:
TOTAL:
LIABILITY INS.
COVERAGE:
DOCKSIDE CONSTRUCTION
$6,300.00
$2,850.00
$9,150.00
See Tommy Long
Mobile, AL
AMMONS & BLACKMON CONSTRUCTION
$18,800.00
$14,600.00
$33,400.00
See Tommy Long
Spanish Fort, AL
KAHLBAU CONSTRUCTION, LLC
$19,000.00
$8,300.00
$27,300.00
See Tommy Long
Fairho e, AL
JIM BOOTHE CONSTRUCTION,
NO RESPONSE
Da hne, AL
VIRGINIA WRECKING CO.
NO RESPONSE
Stapleton, AL
BLACKLUND/DOCKSIDE
NO RESPONSE
Mobile, AL
IED, INC.
NO RESPONSE
Foley, AL
CONSTRUCTION AFFILIATES, INC.
NO RESPONSE
Mobile, AL
JAMES BROTHERS
NO RESPONSE
j
Daphne, AL I
I I
I
It is recommended to accept the low bid of DOCKSIDE CONSTRUCTION, Mobile, AL with all specifications being
met.
Tommy Long, Wayne Smith,
General Superintendent Purchasing Agent
Councilmember Christenberry moved to accept the low bid of Dockside,
Mobile, Alabama, for the removal of the Steel Building -Hangout on Faulkner
Campus and to accept the Alternate Bid of Dockside, Mobile, Alabama, to remove
and haul off the concrete foundation. Seconded by Councilmember Ford, motion
passed unanimously by voice vote. This building is being torn down so that Faulkner
can build a new Science Building at this location.
Mac Walcott with Walcott, Adams Verneuille Architects, addressed the City
Council agreeing that the original size for the new library was 27,000 sq ft. After
visiting other libraries, and after taking a second look at the youth programs it was
found that the shell should be prepared for future growth; therefore, increasing the
size to 39,000 sq ft.
3482
10 January 2005
Mr. Walcott stated that the total cost of this project needed to be looked at. The cost
has increased due to the steel and concrete inflation, and that in April the City
changed their accounting method on this project. If funds are not here bids would
have to be rejected and start all over. He stated that we need to get on the same page
before moving forward.
Mr. Walcott stated that extending the bid would allow for more fundraising. There is
a $400,000 gap in funds available to award the base bid of $3.9 million.
City Attorney Marion E. (Tut) Wynne stated that the City would have to re -bid and
re -advertise the project if the scope of work is changed.
Councilmember Ford expressed that the public needs to know that the City is
committed to building a new library.
Mr. Wynne expressed that if the City moves forward with changes against an
Attorney General Opinion of 2002, the City would violate the Public Works law even
though the A G opinion is not law.
Council President Gentle stated that the City Clerk states that in order to get an
Attorney General Opinion a resolution must be passed. Councilmember Quinn
recommended to Mr. Wynne to call the AG office to find out if the library is a public
Works Project.
Councilmember Quinn moved to reaffirm the City's commitment of $3 million to the
library project, minus what has been spent, and authorize Mr. Wynne to consult with
the AG Office on the Public Works project question, and authorize Mr. Walcott to
handle the process of extending JF Pate & Associates bid for 2-weeks. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote. The Mayor
and Council will meet on Tuesday, January 181h to discuss the details of the Library
Project.
Council President Gentle took a brief recess in order for the citizens to clear the
Council Chambers. Councilmember Quinn exited the dais at 7:17 pm and returned at
7:19 p.m.
Councilmember Christenberry moved to address an item not on the printed
agenda at the request of the City Attorney. Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
City Attorney Mr. Wynne explained to the City Council that Burger King (Fast
rood establishment) has filed Chapter 11 and owe the City of Fairhope money. Mr. Wynne
requested that the appropriate paperwork and agreement be entered into in order to
make the City a participating vendor in this case. Being a participating vendor will
cause the City to receive 100 cent on the dollar. If the City does not become a
participating vendor, the City will receive nothing from this case.
3483
10 January 2005
Councilmember Quinn moved to authorize Mayor Kant and City Attorney Mr.
Wynne to take the necessary step to cause the city to become a participating vendor in
this case. Seconded by Councilmember Ford, motion passed unanimously by voice
vote.
Councilmember Ford moved to pay bills as presented. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
There being no further business to come Afore the City Council the meeting
was duly adjourned at 7:21 p.m.
Robert C. Gentle, Council President
WenieceW. Johnson, City?Irk/Treasurer