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Home My WebLink About09-26-2005 Regular Meeting3.655 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, 26 September 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 Wayne Smith, Purchasing Agent, gave the invocation. Councilmember Quinn moved to approve minutes of the 12 September 2005, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: Ruth Underwood with the Health Department thanked the Mayor and Council for their help in allowing them to use the Fairhope Gym as a special needs shelter for the displaced people from Louisiana and Mississippi due to Hurricane Katrina. The shelter was up and running within 48 hours after contacting Mayor Kant. Mayor Kant recognized James Gillespie, City Administration, Sherry Sullivan, James P. Nix Center Director, and Eddie Boyett, Recreation Director, for stepping up to help and for doing a great job. Eddie Boyett, Recreation Director, presented the following power point presentation on the usage and needs of the Recreation Department. He presented a five year plan for the Recreation Department. Mr. Boyett stated that the volunteers have saved the City a lot of money by donating money and their time. He stated that the cost associated with the five year plan would be around $4 to $5 million. Charlie Langham stated that the library has been given land, but why not the Recreation Department. He asked that the Council come up with a plan, because the kids in the community need this. Mayor Kant stated that Mr. Boyett maintains all of the recreation facilities such as the Boy's and Girl's Club, Volanta Park, Stimpson Field, Founders Park, J. Larry Newton School, etc., with only five employees working with him. POWER POINT PRESENTATION ON NEXT PAGE 26 September 2005 City of Fairhope Recreation Department Facility Usage & Participation Slide 1 Youth Baseball 2002 2003 2004 2005 720 750 820 975 Slide 2 Youth Football 2002 2003 2004 2005 180 200 220 250 Slide 3 Cheerleading 2002 2003 2004 2005 80 80 80 110 3656 Youth Soccer 2002 2003 2004 2005 825 905 1025 1115 Slide 5 Girls Softball 2002 2003 2004 2005 220 235 260 345 Slide 6 Girls Volleyball 2002 2003 2004 2005 135 155 160 ?? Slide 7 Basketball 2002 2003 2004 2005 385 450 ((( 510 7? Slide 8 Slide 4 26 September 2005 Men's Softball 2002 2003 2004 2005 230 240 240 245 Slide 9 Fairhope Area Swim Team 2002 2003 2004 2005 145 160 220 310 Slide 10 Jump, Wiggle & Giggle 2002 2003 2004 2005 36 44 50 77 �r J Disc Golf Slide 11 Players range from 100 to 200 per month. 3657 Summer of Fun 2002 2003 2004 2005 14 22 28 32 (Daily Average) i Slide 13 Pool Usage 2002 2003 2004 2005 250 300 510 550 (Average daily usage at peek times) Slide 14 Tennis Men's League Mixed League Youth League 'a Slide 12 Slide 15 26 September 2005 School Support Fairhope High School uses all the City facilities and their numbers are not included in this presentation. We maintain the Fairhope Middle School, Fairhope High School and J. Larry Newton practice fields and the Boys & Girls Club. Slide 16 Recreation Department Five Year Plan #1 Build New Dressing Room Facility at Fairhope Municipal with storage space and ability to expand. Slide 17 Recreation Department Five Year Plan #2 Locate Acreage to re -locate Stimpson Field and make a multi -use facility for: Youth Football Cheerleading Adult Softball Slide 18 3658 Recreation Department Five Year Plan #3 Move the tennis courts to Stimpson Field. Make a more complete tennis facility. Slide 19 Recreation Department Five Year Plan #4 After tennis courts are re -located, begin plans for a complete Recreation Center. Recreation center would Include: Gym Walking Track Recreation Room (pool tables, ping•pong, etc) Racquetball Court Meeting Rooms & Exercise Rooms stationary Bikes, Weights, Treadmills, etc. Slide 20 Recreation Department Five Year Plan #5 Construct a skate park at Volanta venue Slide 21 3659 26 September 2005 Councilmember Christenberry moved for final adoption of Ordinance No. 1266, an ordinance amending Ordinance No. 1044 by increasing sanitation and trash collection and disposal fees. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1267, an ordinance adopting a new Burglar Alarm Ordinance and repealing Ordinance No. 685 — Regulation of Burglar Alarm Systems. Seconded by Councilmember Christenberry, 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 a proposed ordinance amending Ordinance No. 1113 — Building Department Permit Fees. This ordinance will layover and come before the City Council for final adoption at the next regular City Council meeting. Councilmember Christenberry introduced in writing a proposed ordinance amending Ordinance No. 1069 — Planning and Building Department User Fees. Council President Gentle called on Summer Woodson with the Planning and Zoning Department. Ms. Woodson stated that a profit analysis was done and it was discovered that the Planning and Zoning Department were actually loosing money. Council President Gentle inquired as to if the increase in fees were comparable when compared with other cities. Ms. Woodson stated that the fees are lower if not equal. Councilmember Stankoski stated that increasing the User Fees is the first step in order for these services to pay for themselves, but that the City need to look at a bigger picture of the City's finances. This ordinance will layover and come before the City Council for final adoption at the next regular City Council meeting. Councilmember Ford made a motion to amend the agenda as follows: 1. Join Item 13 — Bid for Hangar at the H. L. "Sonny" Callahan Airport with Item 7 — Biding and Geotechnical sub -consulting work for the Corporate Hanger. This item will be joined as item 7B. 2. Add as Item 14 — Open Meeting Act Ordinance 3. Add as Item 15 — Emergency Bid for the Utility Communication System. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Quinn introduced in writing and moved to accept the following resolution, a resolution authoring Mayor Kant to execute a revised contract between the 26 September 2005 City of Fairhope and Barge, Waggoner, Sumner, & Cannon, Inc., for the bidding and geotechnical sub -consulting work for improvements to the H. L. "Sonny" Callahan Airport Corporate Hangar. This service should cost $8,228.00. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1241-05 NOW THEREFORE, Barge, Waggoner, Sumner & Cannon, Inc., the Engineer, shall amend original contract for professional services for Corporate Hangar improvements at the H. L. "Sonny" Callahan Airport. BASIC SERVICES Bid Phase $4,500.00 SPECIAL SERVICES Preliminary Geotechnical Testing $3,728.00 TOTAL $8,228.00 -3660 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute an amended contract for professional services between Barge Waggoner Sumner & Cannon, Inc. and the City of Fairhope for the Corporate Hangar project at the H. L. "Sonny" Callahan Airport. Adopted this 26`h Day of September 2005. Mayor ATTE eniece W. Johnson, City erk — reasurer BID TABULATION ON NEXT PAGE 0. r CITY OF FAIRMOPE P.O. Drawer 429 A. 555South Section St. TIM $Y.I= � CLERK Fairhope, Alabama 36533 OFFICE OFPMCHASINGAGENT TABULATION FAA AIP Project No. 3-01-0029-007-2005 Fairhope Port Authority, Alabama Dates: September 16, 2005 - 10:00 am Hanger - Sonny Callahan Airport yVE(VOQR 14 SCRIP:TION Of, STEM ;geEI. Y MW Rogers Construction Mobilization: $4,boo.00 Work will be Co, LLC completed within Mobile, AL Corporate Hangar, 60 days after a Complete in -place: $21.8,505.00 procurement period for fabrication. TOTAL: $222,505.00. Time frame can Don Gordon Construction, Base Bid for Work: $259,200.00 be established at Inc. a later date due Fairhope, AL to availability of metal building. See attached letter of recommendation from Fairhope. AirportAuthorrty. Wayne Smith, Purchasing Agent apwrdv�ra9=dk N :. TlktE) On DIY.� . C N • O O LA September 20, 2005 Mayor Tim Kant Fairhope City Council P.O. Box 429 Fairhope, AL. 36532 Dear Mayor Kant; the Fairhope Airport Authority in a special meeting held September 19; 2005, approved unanimously the low bid of MW Rogers Construction Co, _LC of Mobile AL which was received at a bid opening that was held September 16, 2005 for AIP Project No. 3-01-0029-007-2005 fo'r he construction of a hangar at the Sonny Callahan Airport. Fhe re: bid was necessary due to a "no bids received" situation when the nitial bid was advertised; with no response, initiating the engineer soliciting )ids by calling engineering firms listed in the telephone book and two firms ubmitting bids without having all pertinent information regarding ie construction of this hangar. 'wo new bids were received at the bid opening on September 16, 2005: 1W Rogers Construction Co. LLC, Mobile, AL. and Don Gordon ;onsttuction, Inc.. is the recommendation of the Fairhope Authority to accept the low bid FMWR6gers Const. Co., LLC of Mobile, ALL of $222 505.06 minus iteM'3- the amount of $10,662, which makes a bid price of $211,843.00. incerely, t olton Coile, Chairman w firhope Airport Authority 1 osures(bld copies) C 3662 26 September 2005 Councilmember Ford made a motion to accept the low bid of MW Rogers Construction Co., LLC, of Mobile, Alabama, provided all specifications are met, but without the advertising. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. The contract is for $222,505.00 minus Item 3 — the Gate for $10,662.00 for a total cost of $211,843.00. Councilmember Quinn introduced in writing and made a motion to accept the following resolution, a resolution authorizing Mayor Kant to use Sewer Tap Fee funds for the match portion amount of $86,040.00 for the Kirkman Lane Sewer Project. This project was approved on October 25, 2004. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1242-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to use Sewer Tap Fee funds for the match portion amount of $86,040.00, but not to exceed, for the Baldwin County Commission Grant of $320,000.00 for the Kirkman Lane Neighborhood Sewer Project. Adopted this 26`h Day of September , 2005. T' othy T ant, imayor ATTEST: Geniece W. Johnson, City a reasurer Councilmember Christenberry introduced in writing and made a motion to accept the following resolution, a resolution authorizing Mayor Kant to execute a new lease agreement between the City of Fairhope and Eastern Shore Marine, Inc. Councilmember Christenberry stated that the Harbor board has not met on this, but that the Marina has been operating without contract for some time. He also stated that Mr. Ed Wall needed to renew the lease in order to obtain funds from the Small Business Association to be used to repair damages sustained by Hurricane Katrina. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 26 September 2005 RESOLUTION NO. 1243-05 3663 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Kant is hereby authorized to execute a new lease agreement between the City of Fairhope and Eastern Shore Marine, Inc. — The Boatyard. The lease amount of this location shall be 5% of Tenant's gross revenues, per month payable monthly on or before the tenth (10`h) of each month for the previous month, if said amount is more than $1,000.00. The lease shall have a term of ten (10) years from October 1, 2005 and ending September 30, 2015. More particulars regarding this lease are within the lease agreement. ADOPTED THIS THE 26`h DAY OF September, 2005 ATTEST: niece W. Johnson, City er — Treasurer 2thLyM�. T t, Ma or Summer Woodson, Planner for the City of Fairhope, addressed the City Council to review the Site Plan Review by Charles E. Bassett, for the development of the Hampton Inn on North Section Street. Charles Bassett addressed the City Council to give an overview of the proposed Hampton Inn. He addressed the following items: Fairhope's Comprehensive Plan: • High quality development that supports the scale and character of downtown. • Keep downtown the community and regional focal point. • Job creation and employment opportunities (20-30 new jobs). • Pedestrian friendly with sidewalk interaction. Protects pedestrian movement. A bicycle rack located on site. Economic Impact: • Total estimated economic impact of $4,000,000.00 • Estimated City revenue of $220,000 per year via ad valorem and utility revenue. • Estimated up front fees to the City of $220,000.00. Added Parking for Downtown: • New three level parking deck with low visibility and free public parking. • 253 parking spaces projected where approximately 80 exist now. • After reserving spaces for the hotel, there will be 164 public spaces available. • The hotel pays for the deck with no cost to the City. 3664 26 September 2005 Councilmember Quinn inquired as to the height of the parking deck. The parking deck will be three stories tall escalating from Magnolia Avenue; therefore, visibility will be low. Councilmember Stankoski stated that the parking deck issue had not yet been resolved by the Parking Authority. Listed below are the details that the Parking Authority would like to address before construction begins. However, Mr. Bassett did not see a problem with the following list of details. 1. Escrow fund (monies) before construction commences ($2 million +). 2. Review actual blue prints and final plan before construction. 3. Insure all construction of the parking deck is in compliance with City ordinances. 4. Contractor must be bonded and perform construction in a timely manner. 5. Coordinate construction scheduling with downtown merchants. 6. Deck compatible with downtown and city village concept. 7. Discuss allocation of 89 parking spaces required by hotel. 8. Review City maintenance and insurance coverage. 9. Discuss maintenance fees for hotel. 10. Parking deck would be the ownership of the Parking Authority or City of Fairhope free and clear of all debt and encumbrances. 11. Discuss plan for handling any disagreements 12. Discuss final proposal with the Fairhope Single Tax Corporation. 13. Discuss sales tax exemption issue. 14. Discuss landscaping with City and developer Councilmember Quinn made a motion to accept the Site Plan Review for the Hampton Inn. Seconded by Councilmember Stankoski, motion passed by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford. NAY -none. ABSTAIN — Gentle. Council President Gentle called on Mayor Kant to continue the discussion of the repair of the Municipal Pier that was damaged on September 16, 2004, by Hurricane Ivan and again on August 29, 2005, by Hurricane Katrina (previously discussed at the September 120' council meeting). Mayor Kant stated that he contacted the Alabama League of Municipalities and spoke with City Attorney, Marion Wynne, and was told by both parties that the damage by Hurricane Katrina could not be classified as an emergency. He asked that they rescind the following motion from the September 121h meeting: Councilmember Ford made a motion to declare an emergency and stating that the City nor the contractor has insurance, extend original contract, and request that ADEM and the Corp of Engineers amend the original permit, all contingent on FEMA paying for the repairs. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 3'665 26 September 2005 Attorney, Marion Wynne, stated that because the pier is considered recreational and it can be closed to public for repair disqualifies it as an emergency. He also felt that this would not qualify under the bid law. Mayor Kant stated that the City needed to pay Morgan Dredging and Piledriving, Inc., for the original damages and repairs and let a new contract for the new damages. Councilmember Christenberry felt that this issue is an emergency, but if the legal opinions received says it's not legal, then we need to back off. Mr. Wynne asked the Council to give the Alabama League of Municipalities credit for their opinion and to take this into consideration. Councilmember Stankoski stated that the City allow Morgan Dredging and Piledriving, Inc., to finish the repairs from Hurricane Ivan, to include what he can't repair under a new contract and re -bid. Councilmember Quinn inquired as to whether or not the City would have to pay the full amount of the contract. According the Mr. Wynne, the City should only have to pay for work complete. Council President Gentle asked if we relieve the contract will FEMA pay and will another engineer certify Ack Moore's work? Council President Gentle also stated that the City need to meet with FEMA to find out what can and can't be done, because you can't just get out of a contract. Councilmember Ford made a motion to lay this over until the next council meeting in order to allow all those involved to meet to discuss this issue. Seconded by Councilmember Christenberry, the motion passed unanimously by voice vote. Council President Gentle called on Councilmember Debbie Quinn to discuss Emergency Management procedures for the City of Fairhope. City Attorney, Marion Wynne, exited meeting at 6:54 pm and returned at 6:56 pm. Councilmember Quinn thought that the City did a great job during Hurricane Katrina, but volunteer work was not organized. Councilmember Quinn stated that the City needed to get a plan of their own. She called on Jennifer Bruijn with Ecumenical Ministries to help address this issue. Mrs. Bruijn stated that a lot of resources are promised to people, but they have no way to access them. She stated that the utilities were back up and the streets cleaned very quickly, but that there were a lot of displaced people out there. Mrs. Bruijn stated that the churches and volunteers need to come together so that a top notch plan can be put in place. Councilmember Quinn felt that a task force needed to be put together to better coordinate help efforts, because there are too many places to go to receive services. Council President Gentle stated that we may need to assess the amount of volunteers and put them were needs are. Councilmember Ford stated that they may be in the mist of creating something well meaningful, but may interfere with what we already have. He thought that the volunteers should get together themselves, but you can't have them telling the City what to do. He stated that this may need to be under Ecumenical Ministries, Emergency Management Agency, or the Churches, not the City. 3 666 26 September 2005 Mayor Kant stated that he relies on staff to bring him advice on what need to be done and he makes the final decisions. He asked that Mrs. Bruijn coordinate with the volunteers. Councilmember Ford replied that this needed to be explored by the private sector not the City. Mrs. Bruijn asked that everybody get together and come up with a plan to be shared so they'll know how to direct people. Mayor Kant suggested that they get with Leeanne Ryals with the Emergency Management Agency, because she's currently working on a plan with the local churches. Councilmember Christenberry introduced in writing a proposed ordinance setting forth the procedures and policies on direct notice to the media and the public under the Alabama Open Meetings Act. In order to take immediate consideration, Councilmember Stankoski made a motion for immediate consideration. Seconded by Councilmember Ford, motions for immediate consideration did not pass by the following voice votes: NAY: Quinn. This ordinance will layover and come before the City Council for final adoption at the next regular Council Meeting. STATE BID ON NEXT PAGE =4 Hurricane Becfronics " u 8121A Hwy 59 South 997 N. Bellline Hwy. Quote No. Foley, AL 36535 Mobile, Alabama 36618 (251) 970-2929 fax (251) 947-7285 (251) 476-4000 fax (251) 479-8638 SALES QUOT E N- Customer Contact WAYNE SMITH Company CITY OF FAIRHOPE Address � - v� CD City ZIP State Date co 9.24.2005 �1 Phone Email Prepared by JOBY SMITHn Fax 251/990-0125 Accept/Reject • - o Product/Service Name KENWOOD TKR750K VHF REPEATER Quantity Price TOTAL PA3-lFE-RXRF 100 WATT POWER AMPLIFIER 2 RM60A 60 AMP RACK MOUNT POWER SUPPLY 2 $1,112.25 $2,368.00' MODEL 42 ZETRON LTR CONTROLLER 2 $ $1,010.00 MISC. INSTALLATION SUPPLIES 2 $505.00 $505.00 $1,010.00 LABOR TO CONFIGURE AND INSTALL ABOVE IN CURRENT 3 CHANNEL SYSTEM 1 $1,750.00 $75 $3, KENWOOD TK-2180K-LKP 5 WATT VHF TRUNKING 24 1 .00 $65.00 $75.00 75.00 $1,560.00" PORTABLE W/ LI-ION' BATTERY 21 $0.00 KENWOOD TK-7180HK 50 WATT VHF TRUNKING MOBILE ` $513.00 $12,825.00 MAXRAD BMCP ANTENNA MOUNT KIT 22 $0.00 $513.00 $11,286.00 .22. $15.00 $330.00 . 1 $0.00 • $0.00 $0.00 ALL KENWOOD PRICING REFLECTS STATE CONTRACT DISCOUNT $0.00 �' $0.00 Notes $0.00 THE ABOVE QUOTE IS -FOR COMPLETING THE .' Sub Total $35,178.50 . 5 CHANNEL LTR SYSTEM. Sales Tax - TOTAL $35,178,59 Status . O Established Customer O New Customer .Acced by ept 0 Prospective Customer Date w rn THIS QUOTATION GOOD FOF _.. 30 _DAYS . 4 ..: 26 September 2005 Councilmember Ford moved to accept the emergency state bid of Hurricane Electronics, Mobile, Alabama, for the replacement of the communication system for the utilities, which was struck by lightning during Hurricane Rita on September 24, 2005, provided specifications being met. Seconded by Councilmember Christenberry, motion passed unanimously by voice votes. This project will cost $35,178.50 and will be funded by the three utilities. This will also be filed on the City's insurance. There being no further business to come before the City Council the meeting was duly adjourned at 7:22 p.m. 0, Robert C. Gentle, Council President Tyr. Hoskins, City Clerk/Treasurer Assistant