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HomeMy WebLinkAbout02-28-2005 Regular MeetingMo. 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, 28 FebruM 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 Stankoski moved to approve minutes of the 14 February 2005, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: • Mayor Kant asked City Attorney Marion E. (Tut) Wynne to outline the necessary steps to demolish a dangerous building, located at 120 Pier Street owned by Mary Daves. The law relating to demolition of dangerous buildings is found in the Fairhope Code Section 7-86 through 7-97. A building can be determined to be a dangerous building if it meets any of the criteria contained in Section 7-86. Once a building is declared to be a dangerous building pursuant to Section 7-87 it is declared to be a public nuisance and shall be repaired, vacated or demolished. The building official Christopher Baker is responsible to make this determination. If Mr. Baker makes the determination that the building is in fact a "dangerous building," then he should notify the owner, occupant and any person having an interest in the property in writing that he has determined the building is a dangerous building within the standard set forth in the Code. Mr. Baker must further advise the owner and other interest holders or occupants of the matter set forth in 7-89(4)(a) through (c). The notice should describe the building the state the particulars which make the building a dangerous building and the notice should order the building to be put in such condition to comply with the terms of the notice and the building codes within such length of time, not exceeding 60 days. The building official should report to the City Council the non-compliance and give the Council a copy of the Notice provided to the owner and other interest holders. The building official should put a sign on the building with language as set forth in Section 7-89(7). Pursuant to Section 7-90 the City Council upon receipt of your report shall give written notice to the owner and other interest holders to appear before the City Council on a specified date to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Notice. The City Council should hold a hearing and hear testimony under oath as the building official and the owner shall offer. The City Council shall determine from the testimony and evidence as to whether or not the building is a dangerous building within the terms of Section 7-89. The Council shall issue and order based on the determination made commanding the owner and any other persons with an interest in the property to repair, vacate or demolish the building. This Notice should comply with Section 7-90(4). If the owners or other interested persons fail to comply with the order within thirty (30) days the Council should cause the building to be repaired, vacated or demolished as the facts warrant and shall cause the cost of the repair, vacation or demolition to be charged against the land on which the building exist as a Municipal Lien or have the cost recovered at a suit at law against the owner. Mayor Kant and Mr. Baker expressed that this has been going on for four years. Mrs. Daves has been taken to court five or six times and the court has ordered her to repair the house but nothing has been done. Mayor Kant stated that he has tried everything through the court system, and DHR, now he needed help from the City Council. 3497 28 February 2005 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Quinn introduced in writing an ordinance to re -zone the property of Jack A. Stipes and Vince A. Valentim from R1- Low Density Single -Family Residential District to 134- Business and Professional District. This property is located at the Northwest Corner of US Hwy 98 (Greeno Rd) and Volanta Avenue. Christopher Baker, Director of Planning and Building, explained that Mr. Valentim and Mr. Stipes own a 1.25 acre parcel of property that is located at the Northwest corner of Volanta and Highway 98 (Greeno Road). The property is of an unusual shape. It is currently zoned R1, North is Volanta Municipal Park, East, West, and South are all zoned R1. Mr. Valentim and Mr. Stipes would like to rezone it to B4-Business and Professional Office in order to sell the property so a real estate office can be constructed. The issues associated with this development proposal are as follows: Comprehensive Plan: The Plan would not support the request as it represents the stripping out of Greeno Road for commercial uses. The Commission may recall that they considered a request for a Doctor's office across the street and denied it in 2001. Spot Zoning: This request is spot zoning. It is to rezone 1 parcel of property differently then everything around it for the benefit of just the parcel in question. The Planning Commission held a public hearing at the January meeting and recommended denial. Staff Recommendation: To deny because it is not in conformance with our Comprehensive Plan and because is represents spot zoning. Mark Crampton a Real Estate Brooker and Mr. Vince Valentim addressed the City Council expressing that the rezoning request does comply with the City's Comprehensive Plan, Alternate C. Mr. Valentim stated that this is not spot zoning because this property is adjacent to Volanta Park, the location of the municipal pool. Mr. Valentim further stated that other properties had been rezoned through due process, and he requests the same due process. After the presentations were completed Council President Gentle opened the floor to the public. No one present was opposed to the amendment. Councilmember Quinn stated that Dr. Rodriguez-Feo was unable to attend this meeting, but he is against the rezoning and has tried to purchase the property several times. Councilmember Ford inquired of the set backs for this property. Mr. Baker stated that the print of this property would be very small. A house would have to be elongated if built on this property. . 9M 28 February 2005 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 votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn moved to deny the rezoning request as recommended by the Planning Commission. This motion died for lack of a second. Councilmember Christenberry moved to adopt the rezoning request as presented. Seconded by Councilmember Ford, motion for final adoption to rezone the property as presented did not pass according to the following votes: AYE- Christenberry, and Ford. NAY -Quinn, Stankoski, and Gentle Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a Warrant Purchasing contract for the bond issue URW-2005, refunding of bond issue URW- 1997. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO.1092-05 BE IT RESOLVED by the Mayor and City Council of the City of Fairhope (the "City") that the Mayor is hereby authorized to execute and deliver, for and on behalf of the City, a purchase agreement with The Frazer Lanier Company Incorporated, Montgomery, Alabama, on such terms as he deems reasonable and desirable, pertaining to the issuance by the City, and the purchase by the said investment banking firm, of the City's Utilities Revenue Warrants, Series 2005, for the purpose of providing for the refunding of the City's Utilities Revenue Warrants, Series 1997, and the City Clerk is hereby authorized and directed to affix the City's seal to the said agreement and to attest the same. Adopted, this 281h day of February , 2005 Attest: Geniece W. Johnson, ty ClerOTreasurer 3499 28 February 2005 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 Alabama Department of Transportation for grading and/or landscaping on Right -of -Way from the Fairhope High School to County Road 32. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1093-05 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 Transportation for grading and/or landscaping on Right -of -Way from the Fairhope High School to County Road 32. Adopted, this 281h day of February_, 2005 (Timo y M. K I t, Ma or Attest: Geniece W. Johnson, City Cl Treasurer 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 cooperative maintenance of public right-of-way from Fairhope High School to County Road 32. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1094-05 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 Transportation for the cooperative maintenance of public right-of-way from Fairhope High School to County Road 32. Adopted, this 28`h day of February , 2005 Attest: Geniece W. Johnson, City lerk/Treasurer 3500 28 February 2005 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public utilities within Edington Place Phase I for maintenance. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1095-05 WHEREAS, the Owners of Edington Place Phase 1 desire to have all public utilities in the right-of-ways on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2187-C 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 Water and Sewer 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 Edington Place Phase 1 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 Edington Place Phase 1 are hereby accepted for public maintenance subject to the bond posted. Adopted, this, Attest: 28th Geniece W. Johnson, Citrlerk/Treasurer day of February, 2005 Ku,-��� �� M. K t, Alayor 3501 28 February 2005 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a Contractual Agreement between the City of Fairhope and The Lighthouse, Baldwin County Family Violence Project, to support the Lighthouse domestic violence program and sexual assault program — $3,500.00 (2004-2005 request for funds). Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1096-05 WHEREAS, The Lighthouse, Baldwin County Family Violence Project, is funded in part by the Law Enforcement/Traffic Safety Division of the Alabama Department of Economic and Community Affairs. The program currently has a full time Sexual Assault Counselor and a full time Sexual Assault Specialist and serves Baldwin. WHEREAS, The Sexual Assault Counselor works directly with adult victims of rape and sexual assault and their families/significant other providing assessment and counseling services. WHEREAS, The Sexual Assault Specialist is responsible for recruiting, training, and coordinating volunteer advocates to respond to adult victims of rape and sexual assault in the crisis situation as requested by law enforcement or hospital emergency room staff. The Sexual Assault Specialist will also be involved in developing and implementing rape prevention programs throughout the county. WHEREAS, there are several other services provided by this program for sexually assaulted victims. WHEREAS, the Lighthouse provides a Domestic Violence Program were the following services are provided: • Twenty-four hour Crisis Line • Safe, Confidential shelter • Individual Crisis Counseling • Support Groups • Direct services provided to children while in the shelter • Court advocacy and accompaniment • Training on issues relating to domestic violence • Speakers Bureau • Elementary School Programs • Dating Violence Date Rape Program While the Lighthouse is excited to be in the position to offer these needed services for the residents of Baldwin County, the Lighthouse needs the support to continue to provide these and other services. 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 Contractual Agreement between the City of Fairhope and The Lighthouse, Baldwin County Family Violence Project, to support the Lighthouse domestic violence program and sexual assault program, in the amount of $3,500.00. Adopted on this the 28th day of February , 2005. CL_1QtKM. Kant Mayor Attest: Veniece W. Johnson, City Cieasurer 3502 28 February 2005 Councilmember Christenberry so moved to Update Fairhope Police Reserve Unit by deleting: Mandeny Eugene Maye. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Robert Henderson with Men's Club of Homestead Village, residing at 942 Edwards Avenue, addressed the City Council presenting a signed petition by 146 of the 166 residents of Homestead Village requesting a sidewalk along Plantation Boulevard. Mr. Henderson stated that the Men's Club of Homestead Village would like the construction of four foot (4') sidewalks on the South and North sides of Plantation Boulevard. The sidewalk should connect the existing sidewalks on Village property extending west to the present sidewalks beside Highway 98 (Greeno Road). Should the City Council determine that only one sidewalk be constructed they request it be on the South side of Plantation Boulevard. Mr. Henderson further stated that the residents of Homestead Village are senior citizens, many without motor vehicles. Council President Gentle turned this request over to the Street Committee where Councilmember Stankoski is the chairperson along with Public Works Director Jennifer Fidler, and Building Official, Christopher Baker to look into this request and report back to the City Council. Councilmember Stankoski and Jeff Harris, both with the Sister City Committee, addressed the City Council and reported an overview of the meeting of the Sister City Committee. Councilmember Stankoski introduced the following officers of the Sister City Committee: President Allen Harper Vice -President Gene Bouchillon Secretary Jeff Harris Treasurer Alison Newman Sub -Committee Chair — Frank Martin BID TABULATION PROJECT NO. STPE, TE03(935) GREENO ROAD PRDESTRIAN WAY DEVELOPMENT PROJECT CONTRACTOR BASE BID ALT ONE ALT TWO TOTAL BID Beasley Company 182,590.00 154,660.00 13,832.00 $351,082.00 Peavy Construction 184,942.00 157,150.00 11,540.00 $353,632.00 C. Thornton Company 195,602.00 164,555.00 11,627.50 $371,784.50 Asphalt Supply 206,464.00 171,855.00 11,003.00 $389,322.00 Bay South LMD 215,915.00 180,915.00 11,596.00 $407,801.00 It is the recommendation of George Roberds to accept the low base bid and Alt Two bid of Beasley Company, provided all specifications are met. Councilmember Quinn moved to accept the low base bid and Alternate Two of Beasley Company, Brewton, Alabama, provided all specifications are met. Alternate Two would include a cross walk at Hwy 104 and install approximately 350 feet of sidewalk on the East side of Highway 98 (Greeno Road). Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. KK§191 28 February 2005 Councilmember Stankoski moved to authorize the purchase of three (3) 2005 Ford Crown Victoria police cars from Woody Anderson Ford, Huntsville, Alabama from the current State of Alabama bid listing. The total purchase price per car is $19,467.00. The total price for all three cars would be $58,401.00. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Mayor Kant stated that these cars will be paid out of General Operating. Councilmember Ford moved to authorize the lease of one (1) new undercover vehicle for use by the City of Fairhope Officers assigned to the Drug Enforcement Administration. The lease agreement would be made through Terry Thompson Chevrolet, and paid for monthly with funds from asset forfeiture account. We will be reimbursed monthly at the rate of $700.00 by the DEA for a vehicle allowance. This will be a two-year lease. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Quinn moved to authorize a 36-month lease with purchase option of a Skid Steer Loader for the recycling center, and to authorize Geniece W. Johnson, City Clerk/Treasurer, to secure the best financing for the City of Fairhope. Councilmember Ford questioned if the option to lease was the best option for the City. After discussion, Councilmember Quinn withdrew her motion. This item was referred back to the Purchasing Department for additional information. The City Council will address this item in two weeks at the next regular City Council meeting. 3504 28 February 2005 Identification:: "72 IN. OUTFRONT MOWER — PUBLIC WORKS Bids must be received no later than: Feb 11, 2005 at: 4:00 p.m. Mowers for the Public Works Department. It is advised to accept the low bid meeting specifications of BEARD EQUIPMENT COMPANY, Mobile, Alabama. VENDOR: MANUFACTURER: PRICE TOTAL PRICE OF DELIVERY. EACH: PRICE. CANOPY John Deere BEARD EQUIPMENT, Model No: 1435 $15,864.74 $31,729.48 $1,052.25 15-30 Days Mobile, AL Year: 2005 John Deere FOLEY IMPLEMENT CO, INC. Model No: 1435 $16,768.87 $33,537.74 $1,403.00 60-Days Foley, AL Year: 2005 BALDWIN TRACTOR & Kubota EQUIPMENT SPECIFICATIONS Model no: $14,920.00 $29,840.00 NO QUOTE Foley, AL 3060 NOT MET Year: 2005 M&I FORD & ENGINE CO, INC. New Daphne, AL Holland $12,544.00 $25,088.00 $590.00 14-30 Days SPECIFICATIONS Model No: MC22 NOT MET Year: 2005 DUTCHMAN'S LAWN & GARDEN Foley, AL NO RESPONSE TOMBIGBEE EQUIPMENT. LLC Demopolis, AL NO RESPONSE TIECO TURF & INDUSTRIAL EQUIPMENT NO RESPONSE Mobile, AL TOOMEY EQUIPMENT NO RESPONSE Theodore, AL Jennifer Fidler, Director of Public Works Wayne Smith, Purchasing Agent Councilmember Ford moved to accept the low bid of Beard Equipment Company, Mobile, Alabama, provided all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Identification: "REPAIRS OF PIERS & BOAT RAMPS" Bids to be received by: February 18, 2005 at: 10:0C a.m. Bids were received from the following vendors for repairs to public piers and boat ramps damaged by Hurricane Ivan: It is recommended to accept the bid of DOUG WARD & CO., Fairhope, Alabama. All specifications have been met. Tommy Long, General Superintendent Wayne Smith, Purchasing Agent PIER WHITE BOAT RAMP PIER AT CONTRACTOR: ORANGE AVENUE AVENUE NORTH OF TIKI, TOTAL CONSTRUC AVENUE PIER BOAT RAMP PIER MUN. PIER NORTH OF PRICE: TION TIME MUN. PIER DOUG WARD & CO., $32,000.00 $2,500.00 $26,500.00 $8,000.00 19,000.00 $88,000.00 Estimate: Fairhope, AL 10-Weeks POTTER MARINE, NO BID Fairhope, AL 3505 28 February 2005 Councilmember Christenberry moved to accept the bid of Doug Ward & Co, Fairhope, Alabama, provided all specifications are met. Seconded by Councilmember Ford, motion passed unanimously by voice vote Councilmember Stankoski moved to reschedule next regular City Council Meeting from Monday, March 14`h to Wednesday, March 16th, due to National League of Cities Conference. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Lucy Eisenhower addressed the City Council with some interesting comments. No action was taken by the City Council. There being no further business to come ore the City Council the meeting was duly adjourned at 7:11 p.m. - e::D-, - u Ebert C. Gentle, Council President