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HomeMy WebLinkAbout08-22-2005 Regular Meeting3627 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, 22 August 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 Assistant City Clerk/Treasurer Tyron D. Hoskins. City Clerk/Treasurer, Geniece W. Johnson, was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Councilmember Cecil Christenberry, gave the invocation. Councilmember Quinn moved to approve minutes of the 08 August 2005, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor Kant and the Council presented Dr. Colonel Susan Mason a plaque thanking her for her many years of dedicated services to the Fairhope Airport Authority. They also acknowledge the current members of the Airport Authority. Mayor's Comments and Staff Reports: • Mayor Kant stated that Rose Fogarty and staff will be presenting the adjustments for the budget at the next Council Meeting. Councilmember Christenberry made a motion for final adoption of the proposed Building Height Ordinance. Seconded by Councilmember Ford. Councilmember Stankoski stated that the City should put checks and balances in place by requiring all mixed -use projects electing to build to 35 feet height with 33% residential, regardless of whether or not it triggers site plan review approval, must make application to the Planning and Zoning Commission for approval. Christopher Baker, Director of Planning and Building, stated that this ordinance can be amended by requiring automatic approval by Planning and Zoning Commission, which would allow those in the neighborhood that opposed to these type of projects to express their concerns. Councilmember Ford and Councilmember Quinn inquired as to why would the City pass an ordinance allowing the 35 feet building height and then still require them to go to Planning and Zoning for approval. Council President Gentle stated that this would allow the neighborhoods close to these projects to have input. 3628 22 .August 2005 Councilmember Christenberry amended his motion for the proposed ordinance by requiring a mandatory site plan review application for all mixed -use projects electing to build to 35 feet height with 33% residential, regardless of whether or not it triggers site plan review approval, make application to the Planning and Zoning Commission for approval. Seconded by Councilmember Ford, the motion to amend the proposed Building Height Ordinance passed by the following voice votes: AYE- Stankoski, Christenberry, Ford and Gentle. NAY -Quinn. 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 for the Construction Materials Testing of Phase II Apron Expansion of the H.L. "Sonny" Callahan Airport. Seconded by Councilmember Christenberry, the motion passed unanimously by voice vote. RESOLUTION NO. 1229-05 WHEREAS, this agreement made between the City of Fairhope and Gallet & Associates for the Construction Materials Testing of Phase II Apron Expansion of H. L. "Sonny" Callahan Airport; and, WHEREAS, this project shall consist of the improvements of the H. L. "Sonny" Callahan Aiq)ort, in Fairhope, Alabama, and provide the following identified specific services during construction: 1. Perform compaction testing'- part time 2. Concrete testing - part time 3. Asphalt Testing — full time 4. Density testing - part time 5. Laboratory testing 6. Engineer review time and reporting WHEREAS, the above services will be charged in accordance to the attached Unit fees. 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 the Construction Materials Testing of Phase II Apron Expansion of H. L. "Sonny" Callahan Airport. Passed, Adopted and Approved this 22nd Attest: Gertiece W. Jo son, Ci erk/Treasurer of August, 2005. thv M. Kant, 4avor 3629 22 August 2005 Councilmember Quinn introduced in writing and moved for the adoption of the: following resolution, a resolution authorizing Mayor Kant to execute a grant for the: H.L. "Sonny" Callahan Airport Corporate Hangar. Councilmember Gentle called on Colton Coile, Airport Authority Chairman. Mr. Coile stated that these hangers will be used to house State Troopers and eventually Chris Browning, Police Chief, would like to house some Fairhope police officers there. The State Troopers will lease this for $285.00 a month. The City's portion of this grant will be funded by the General Operating fund or the DEA fund. Seconded by Councilmember Ford, motion passed unanimously by voice votes. RESOLUTION NO. 1230-05 BE IT RESOLVED, by the City of Fairhope as follows: 1. That the City of Fairhope is authorized to make an application on the amount of seven thousand five hundred fifty-one dollars ($7,551.00) for airport improvement funding assistance from the State of Alabama Department of Transportation, for the purpose of constructing a 80' x 80' corporate hangar at the H. L. "Sonny" Callahan Airport. 2. That the application be submitted for and on behalf of the City of Fairhope by its Mayor who is authorized by this resolution to sign the application and any related forms or documents on behalf of the City of Fairhope 3. That the City of Fairhope is authorized to enter into an airport improvement funding agreement with the State of Alabama, acting by and through the Alabama Department of Transportation, for the purpose of undertaking a project to make improvements at the H. L. "Sonny" Callahan Airport, with partial funding provided by the State of Alabama. 4. That the agreement be executed in the name of the City of Fairhope for and on behalf of the City of Fairhope by its Mayor. 5. That the agreement be attested by the Operations Manager and the seal of the City of Fairhope affixed thereto. 6. That the authority of the City of Fairhope to enter into contracts with the State of Alabama has been reviewed by the City of Fairhope's attorney, and in his/her opinion, the City of Fairhope is duly authorized to commit the City of Fairhope to an agreement with the Alabama Department of Transportation. BE IT FURTHER RESOLVED, that the City of Fairhope hereby affirms that the local matching share of funds in the amount of seven thousand five hundred fifty-one dollars ($7,551.00) required for this agreement has been officially approved, placed into the budget of the airport and is available for expenditure upon execution of the State of Alabama's funding agreement and the start of the project. The; total funding for this project will be as follows: Federal $286,926.00 State $ 7,550.00 City $ 7,551.00 Total: $302,027.00 3630 22 August 2005 I, the undersigned qualified and acting as the Mayor of Fairhope, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City of Fairhope named therein, at a regular meeting of such body held on the 22"d day of August , 2005, and that such resolution is on file in the office of the City of Fairhope. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 22"d day of August t , 2005 Adopted This 22"d Day of August 2005. Tim y M. Cant, Payor Attest: G niece W. Johnson, City C surer Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a revised contract between the City of Fairhope and Barge, Waggoner, Sumner, & Cannon, Inc., for the improvements to the H.L. "Sonny" Callahan Airport corporate hangers. Seconded by Councilmember Stankoski, motion passed unanimously by voice votes. RESOLUTION NO.1231-05 NOW THEREFORE, for and in consideration of their mutual benefit, the parties hereto agree as follows: The ENGINEER shall fumish and perform basic engineering services for the project development phase, design phase, bid phase and construction phase, as described in the General Provisions attached hereto and made a part hereof for the engineering project described below, plus other work which might be authorized by the City of Fairhope. A. BASIC SERVICES Project Development and Design Phase Services for the following items of work: 80' x 80' Corporate Hangar — Design to include shell of building with utilities stubbed in. Final utilities, restroom facilities, office build -outs, including second flooring and support for the second floor, not included. Project Bid and Construction Phase Services are not part of this contract. The OWNER shall pay the ENGINEER for engineering services in accordance with the attached General Provision, Scopes, and the Schedule of Fees described below: SCHEDULE OF FEES LUMP SUM BASIC SERVICES Project Development Phase $ 7,732.00 Design Phase 9,747.00 Total Basic Engineering Services Fee: $14,478.00 3631 22 August 2005 B. SPECIAL SERVICES Should additions for Special Services as outlined in Section II of the General Provisions be required, the change in project cost shall be determined by applying the appropriate man-hour rate to the ENGINEER'S actual effort based on the individual's actual pay rate at the time the work effort was performed. The ENGINEER shall be reimbursed the employees' actual rate times the proved overhead rate times 10 percent profit for the current calendar year. Outside services contracted for a specific project, such as professional and technical consultants, reproductions, photography, etc., will be invoiced at the amount of the subcontractor's statement plus 5%. It is the ENGINEER'S corporate policy not to subcontract geotechnical services. Other expenses which are properly chargeable to the work will be invoiced as follows: a. Travel by private vehicle at the current IRS mileage rate which is 40.5 cents per mile for calendar year 2005. b. In-house printing, reproduction, photography, and computer service charges at commercial rates. c. Travel and living expenses for all personnel when required to be away from headquarters in connection with the work in accordance with the current ALDOT per diem policy. The estimated costs for the items of work included in Special Services are included in the Schedule of Fees described below. These costs are estimates based information currently available to the ENGINEER, including average employee rates and projected constructed time. These costs are provided for budgetary purposes. No cost above those estimated will be incurred without prior approval by the OWNER. Actual costs will be billed as described above. SCHEDULE OF FEES ESTIMATE SPECIAL SERVICES Survey $3,593.00 Estimated Special Services Fee: $3,593.00 A Fee Proposal detailing the Schedule of Fees for the Basic and Estimated Special Services is attached. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute a revised contract between the City of Fairhope and Barge, Waggoner Sumner & Cannon, Inc. for the improvement to the H.L. "Sonny" Callahan Airport to construct a Corporate Hangar. Passed, Adopted, and Approved this 22°d Day of August , 2005 Attest: eniece W. Johnson, C' er reasurer 3632 22 August 2005 Councilmember Christenberry moved to re -bid the contract for an addition to the H.L. "Sonny" Callahan Airport hangers. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Christenberry introduced in writing and moved to accept the following resolution, a resolution accepting the public streets, public right-of-way, and all of Fairhope's public utilities within Hollowbrook Phase II Subdivision for maintenance. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1232-05 WHEREAS, the Owners of Hollowbrook Phase II 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 2222 D, 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 Hollowbrook Phase II maintenance bonds for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Hollowbrook Phase II are hereby accepted for public maintenance subject to the bond posted. Adopted, this 22°d day of August, 2005 Attest: Geniece W. Johnson, Ci rk/Treasurer 3633 22 August 2005 Councilmember Ford introduced in writing and moved to accept the following resolution, a resolution accepting the public streets, public right-of-way, and all of Fairhope's public utilities within Hollowbrook Phase III Subdivision for maintenance. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1233-05 WHEREAS, the Owners of Hollowbrook Phase III 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 2222 E, 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 Hollowbrook Phase III maintenance bonds for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Hollowbrook Phase III are hereby accepted for public maintenance subject to the bond posted. Adopted, this 22°d day of Au ust, 2005 Attest: eniece W. Johnson ity Cterk/Treasurer Councilmember Stankoski introduced in writing and moved to accept the following resolution, a resolution accepting the public streets, public right-of-way, and all of Fairhope's public utilities within Riverstation Phase II Subdivision for maintenance. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3634' 22 August 2005 RESOLUTION NO. 1234-05 WHEREAS, the owners of Riverstation Phase II 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 2227-F 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 Riverstation Phase II maintenance bonds 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 Riverstation Phase II are hereby accepted for public maintenance subject to the bond posted. Adopted, this 22"d day of Ate, 2005 I KaO Mayor Attest: Geniece W. Johnson, C reasurer Councilmember Ford introduced in writing and moved to accept the following resolution, a resolution authorizing Mayor Kant to execute a lease agreement with Thompson Caterpillar for a backhoe to be used by Public Works Department. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 36:35 22 August 2005 RESOLUTION NO. 1235-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor Timothy M. Kant is hereby authorized to execute a lease agreement between the City of Fairhope and Caterpillar Financial Services Corporation of Nashville, TN for the lease of a Caterpillar Backhoe Loader. The term of the lease shall be for four (4) years at $11,523.64 each year for the Public Works Department. DULY ADOPTED THIS 22"d DAY OF, August, 2005. Kant, Attest Geniece W. Johnson, C lerk/Treasurer Councilmember Quinn moved to approve Change order #1 by Morgan Dredging and Pile Driving, Inc., Spanish Fort, Alabama, for additional repairs to the Municipal Pier damaged by Hurricane Ivan (September 15-16, 2004) by increasing the contract by $99,994.00. Ack Moore of Moore Engineering stated that the additional cost should be eligible for FEMA reimbursement. The only item not in writing is item #11— patch additional concrete slabs or composite for $1,610.00. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Change order #2 will be held over to the next council meeting due to computation errors. Councilmember Ford moved to update the Fairhope Police Reserve Roster by removing Richard Deitz Lawton and by adding Jeris Venwalas King and Jeffrey M. Josey. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 3636 22 August 2005 Identification: "SCBA — FAIRHOPE FIRE DEPT." Bids to be received no later than: July 29, 2005 at: 4:00 p.m. The Fairhope Volunteer Fire Department is purchasing ten (10) Self Contained Breathing Apparatus (SCBA) to replace out of date units. VENDOR: MANUFACTURER OTHER INFORMATION: TOTAL PRICE: DELIVERY: SUNBELT FIRE, INC., Fairho e, AL MSA $37,250.00 1-Week FIRE LINE, INC., Winder, GA MSA $54,700.00 10-Da s NAFECO, INC., Decatur, AL Surv ive Gear ive Gear NO BID FIREHOUSE SALES, Mobile, AL NO RESPONSE TUPELO FIRE EQUIPMENT, Tupelo, MS NO RESPONSE It is recommended to accept the low bid of Sunbelt Fire, Inc., Fairhope, Alabama for $37,250.00. All specifications have been met. Funds are to come from General Funds — Capitol Purchases. Dan McCrory, Wayne Smith, Asst. Fire Chief Purchasing Agent Councilmember Quinn moved to accept the low bid of Sunbelt Fire, Inc., Fairhope, Alabama, provided all specifications are met. Seconded by Councilmember Ford, motion passed unanimously by voice vote. This will be funded by the General Operating fund. STATE BID PURCHASES It is the recommendation of the Purchasing Department to purchase the following vehicles from the State of Alabama Bid Contract: Water & Sewer Dept: ■ One (1) service truck, Chevrolet Colorado Pick-up at the price of $12,979.00 Councilmember Ford moved to accept the state bid to purchase one Chevrolet Colorado pickup for $12,979.00. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This will be funded by the Water and Sewer Operating fund. 3637 22 August 2005 STATE BID PURCHASES It is the recommendation of the Purchasing Department to purchase the following vehicles from the State of Alabama Bid Contract Meter Dept: ■ Two (2) trucks for reading meters, Chevrolet Colorado Pick-up at the price of $10,434.10 each. Councilmember Quinn moved to accept the state bid to purchase two Chevrolet Colorado pickup trucks for $10,434.10 each. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This will be funded by the Water and Sewer Operating fund. There being no further business to come pefo�e the City Council the meeting was duly adjourned at 6:17 p.m. ` C. Gentle, Council President Q=60-x) T n D. Hoskins, City Clerk/Treasurer Assistant