HomeMy WebLinkAbout10-24-2005 Regular MeetingM-130-3
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, 24 October 2005.
Present were Council President Robert C. Gentle, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; City
Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. Mayor
Timothy M. Kant was absent.
There being a quorum present, Council President Gentle called the meeting to
order. The Pledge of Allegiance was recited, and Rev. Jack Koehler, Pastor of
Fairhope Christian Church, gave the invocation. Councilmember Stankoski moved to
approve minutes of the 10 October 2005, regular meeting. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
Mayor Kant was absent; therefore, there were no staff reports.
Councilmember Ford moved for final adoption of Ordinance No. 1271, an
ordinance to amend the City of Fairhope Zoning Ordinance to allow a building height
of 35 feet if located in commercial zoning and contains both residential and retail
and/or office space. (This ordinance was introduced and public hearing held at the regular City
Council meeting on 10 October 2005). Seconded by Councilmember Stankoski, motion for
final adoption passed unanimously by the following voice vote: AYE- Quinn,
Stankoski, Christenberry, Ford and Gentle. NAY -None
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. 1272. 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 Charles Earle, Jr., from B-4 Business and Professional Office to
R-3 Single Family Residential. This property is located on Spring Run Drive just
west of Northchase Court, Fairhope, Alabama. (Habitat for Humanity). In order to
take immediate action Councilmember Christenberry moved for immediate
consideration. Seconded by Councilmember Quinn, motion for immediate
consideration passed unanimously by the following votes: AYE -Quinn, Stankoski,
Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn moved for final
adoption of Ordinance No. 1272. Seconded by Councilmember Christenberry, motion
for final adoption passed unanimously by the following votes: AYE- Quinn,
Stankoski, Christenberry, Ford, and Gentle. NAY -none.
24 October 2005
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. 1273. The Planning & Zoning Commission recommended approval of
this ordinance. No one present was opposed to the amendment, an ordinance to zone
the property of Wendell Barnhill to a Planned Unit Development. This property is
located East of U.S. Highway 98 just North of Parker Road, Fairhope, Alabama, to be
known as East Park Subdivision, (Formerly East Park Plaza Trailer Park). In order to
take immediate action Councilmember Stankoski 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 for final adoption of
Ordinance No. 1273. Seconded by Councilmember Christenberry, motion for final
adoption passed unanimously by the following votes: AYE- Quinn, Stankoski,
Christenberry, Ford, and Gentle. NAY -none.
Council President Gentle announced that no action would be taken on a
proposed ordinance granting a non-exclusive franchise to Southern Light, LLC, for
the purpose of constructing and maintaining a Fiber -Optic Transmission Line within
certain public right-of-ways within the City of Fairhope. The City Council needed
more information before taking action on this item. Council President Gentle asked
City Attorney Marion E. (Tut) Wynne to explain this proposed ordinance. Mr.
Wynne explained that he has been working on this ordinance with Mayor Kant and
that this is basically the same ordinance that the City of Orange Beach and the City of
Mobile has with Southern Light. Mr. Wynne then called on Paul Boyington to
explain the service that Southern Light provides. Mr. Boyington explained that
Southern Light provides fiber communication to a large part of Baldwin County. The
Southern Light Company serves the high end of the market such as U S Department
of Defense, Nextel, University of West Florida, and University of South Alabama.
Southern Light provides service to broadband services and most of the services are
underground.
Councilmember Stankoski inquired as to if Southern Light provides all the three parts
of intranet system such as internet, telephone and television? Mr. Boyington stated
that they provide internet, telephone but not television, and they do not provide dial
tone nor did they provide residential voice.
Councilmember Ford inquired as to if the lines will be underground, because the City
requires that some Electrical services in certain areas be placed underground. Mr.
Boyington stated that Southern Light would do the same at no cost to the City.
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24 October 2005
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution to execute an amendment to the lease with
Teledyne at the H. L. "Sonny" Callahan Airport. Seconded by Councilmember
Christenberry, motion passed unanimously by voice vote.
RESOLUTION NO. 1252-05
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized
to execute an amendment to the lease dated 28 June 1995, between the CITY
OF FAIRHOPE, Acting through its AIRPORT AUTHORITY, INC. and
TELEDYNE CONTINENTAL MOTORS, a division of Teledyne Industries,
Inc. This lease will be extended for five (5) years, beginning on December 1,
2005 and ending on November 30, 2010, with the renewal options remaining
the same, and the rent is to remain the same at $7,000.00 per month.
Adopted this 20 day of October, 2005.
C
T' othy anti Mayor
Attest:
Geniece W. Johnson, Ci er Treasurer
I, Geniece W. Johnson, duly appointed City Clerk -Treasurer of the City of Fairhope, Alabama, do
hereby certify that Resolution No. 1251-05 is a true and correct copy of a resolution passed and
approved by the City Council of the City of Fairhope, Alabama, on the 24`s day of October 2005.
Geniece W. Johnson, City Clerk -Treasurer Date
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution declaring the repairs to the Fairhope Municipal Pier
an Emergency. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
Mr. Wynne and Council President Gentle explained that City representative, Ack
Moore, and four representatives of FEMA met to discuss a plan for repairing the
Municipal Pier that was damaged by Hurricane Ivan and Hurricane Katrina. The first
step was to ascertain what state law would allow the City to do.
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240ctober 2005
Therefore, Geniece W. Johnson, City Clerk/Treasurer, scheduled a conference call
with Mr. Wynne, Council President Gentle, Mr. Beeson with the Attorney General's
office, Tyron D. Hoskins and Mrs. Johnson to research what options were available
for the City to take in repairing the Municipal Pier. Mr. Wynne further stated that the
City was concerned about the bid law and did not want to violate any laws. Mr.
Moore announced that the Corps of Engineer extended the Corp's permit and
extended the permit for additional dredging.
RESOLUTION NO. 1253-05
Pursuant to Ala. Code § 39-2-2(e) in case of an emergency affecting public health, safety, or
convenience, as declared in writing by the awarding authority, setting forth the nature of the danger to
the public health, safety, or convenience which would result from delay, contracts maybe let to the
extent necessary to meet the emergency without public advertisement. The action and the reasons for
the action taken shall immediately be made public by the awarding authority upon request.
WHEREAS, the City of Fairhope Municipal Pier, Marina, and channel was damaged on September 16,
2004, by Hurricane Ivan and again on August 29, 2005, by Hurricane Katrina; and,
WHEREAS, the Governing Body of the City of Fairhope hereby declares that the damaged pier,
marina and channel present emergencies affecting public health, safety, and/or convenience which will
result from delay in repair to the pier, marina and channel for the reasons set forth below:
1. City businesses are losing income due to the decrease of visitors to the downtown area
directly due to the Municipal Pier, marina, and channel being damaged and closed after
Hurricane Ivan and Now Hurricane Katrina; and,
2. The City is losing revenue because the pier, marina, and channel are damaged and not
usable; and,
3. The City is losing revenue because customers of the Yardarm Restaurant, located on the
pier, can not get to the restaurant until the pier is repaired; and,
4. If the current contractor, Morgan Dredging and Piledriving, Inc., cannot commit its
equipment and resources for the repairs to the pier, marina, and channel it will move to
other job sites in Mississippi and/or Louisiana and it will be unavailable for an extended
period. Other contractors are not available to do the work. Therefore, there is a
substantial possibility that the pier, marina, and channel could not to be repaired for 1 to 2
years; and,
5. The cost of repairing the municipal pier, marina, and channel will increase over time and
immediate repair is the financially prudent decision; and,
6. The pier in its present condition is dangerous to the public. Even though access is
restricted, persons attempting to go onto the pier would be in danger of suffering bodily
injury and property damage.
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10 October 2005
NOW THEREFORE BE IT RESOLVED THAT THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, hereby declares that delay in the repairs to the Municipal Pier, marina, and channel to be
an emergency affecting public health, safety and/or convenience due to the safety issues involved and
the economic impact on the City of Fairhope.
Adopted and Approved this 24`h day of October, 2005
r KL-!:—T
Ti y M. ant, Aayor
Attest:
Cie -niece W. Johnson, CityPr reasurer
Councilmember Stankoski 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 Hutchinson, Moore & Rauch, LLC, to
provide engineering services for the Emergency Watershed protection program for
April 2005 Rains, NRCS Agreement No.: 69-4101-5-49. The engineering services
will cost approximately $20,400.00. Seconded by Councilmember Quinn, motion
passed unanimously by voice vote.
RESOLUTION NO. 1254-05
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 Hutchinson, Moore & Rauch, LLC to provide professional
Services for the United States Department of Agriculture Natural Resources
Conservation Service for an Emergency Watershed protection program for April 2005
Rains, NRCS Agreement No.: 69-4101-5-49. The engineering services will cost
approximately $20,400.00.
DULY ADOPTED THIS 24`h DAY OF October , 2005.
::)-� v^^ �' k
Ti thy M. ant, Mayor
Attest
Geniece W. Johnson, City klTreasurer
3693
24 October 2005
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 BellSouth Telecommunication, Inc., to
provide a OC1 - T-1 Internet Access line at a monthly rate of $1,200.00. Seconded
by Councilmember Christenberry, motion passed unanimously by voice vote.
RESOLUTION NO. 1255-05
WHEREAS, the City of Fairhope entered into a contract with BellSouth
Telecommunications, Inc. for Business Internet Services on July 10, 2002, by
Resolution No. 390-02; and,
WHEREAS, the existing contract provide said services at a rate of $960.00 with one
T-1 line; and,
WHEREAS, it is the recommendation of the Internet Technician of the City of
Fairhope to cancel the existing contract and hereby enter into a new contract to
provide an additional T-1 line. The cost of this internet access service will be
$1,200.00 per month.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant, is hereby authorized to execute an
agreement between the City of Fairhope and BellSouth Telecommunications, Inc. for
Business Internet Services and hereby cancel the existing contract entered into by
Resolution No. 390-02 in the amount of $960.00. The new contract will provide an
OC1 - T-1 line at a rate of $1,200.00 per month.
Adopted this 24th Day of October , 2005
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k1juidthy M. t,Nfayor
Attest:
Geniece W. Johnson, Cfftler6Treasurer
3694
24 October 2005
Larry Thomas, President of the Fairhope Single Tax Corporation, addressed
the City Council requesting cooperation with the City to restore and renovate the old
City Hall building aka Old Jail, located at 24 North Section Street. Mr. Thomas
stated that there was a vision to turn this location into a Fairhope Museum. This
museum would be one where there would be traveling exhibits. The schools groups
could have student tours.
The deed of this property would have to be reverted back to FSTC. The FSTC would
like to start immediately on restoring the outside of the building, and get rid of the old
block building in the back (Old EMC building). Most of the work takes place in the
back of the building in order not to damage the champion tree in front of the building
and not to disturb downtown traffic. A Curator would have to be hired and employed
by the City of Fairhope.
Councilmember Ford stated that the City has worked with FSTC before on projects
such as the proposed Nature Park. This land was deeded to the City and deeded back
to the Colony for improvements. Once the improvements are complete the property
will be deeded back to the City.
Council President Gentle pointed out that the Fairhope Preservation Committee has
donated monies from their last two home tours to help with the restoring of the fagade
of the old jail building. Mr. Thomas stated that certainly all groups and citizens are
welcomed to participate in this effort.
Councilmember Ford addressed the Council to present the following timeline
on the Skate Park Project:
• November 2000 — Presented Skate Project to Mayor and Council
• August 2003 — Letter of intent to file for grant from Mayor Kant to ADECA
• September and October 2003 — Skate Park plans drawn, location site established, etc.
• November 2003 Letter to Phillip Roth to file grant with "package" sent
• Spring 2004 — Unable to receive grant until sidewalk grant is closed.
• November 2004 — Presented to Mayor and Council again
• October 2005 — Presented to Mayor and Council in public forum
Wednesday, October 19, 2005 — Met with Debbie Quinn and Charles Langham.
Friday, October 21, 2005 — Met with Skate Park representatives.
Councilmember Ford stated that this project is listed as number 5 on the priority list,
and once a grant is received for this project it could possibly jump to number 2.
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24 October 2005
Councilmember Quinn moved to appoint Rick Brenny to replace Prissy
Wilkins (moved), term ending 10/2008, and to re -appoint Beth Fugard, term ending
10/2006. Seconded by Councilmember Christenberry, motion passed unanimously
by voice vote.
Councilmember Quinn moved to address the following items not on the
printed agenda. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Christopher Browning, Police Chief, addressed the City Council to announce
the promotion of Officer Larry Sledge to Corporal and Officer Curtis Sullivan to
Sergeant.
Chief Browning further explained that in the near future, promotions to the rank of
Sergeant and Corporal in patrol will be made. More details of the selection process
will be made available to those who wish to be considered for the promotion. Briefly,
the selection process will consist of three phases:
➢ Phase 1 will be a written exam designed to assess the candidates knowledge in areas such as
management/supervision, major court cases affecting law enforcement, community policing
and patrol tactics. Each exam will consist of 100 questions (multiple choice and true/false).
A candidate study guide will be provided and the candidate will have at least 30 days to
prepare for the written exam. The total possible promotional points for the written exam will
be 40 points.
➢ Phase 2 will consist of promotional points being given for time in service (maximum of 5
points), and promotional points being given for past performance reviews (maximum of 15
points), for a total possible promotional score of 20 points.
➢ Phase 3 will consist of the candidate appearing before an oral review board. The board will
consist of the Chief of Police and supervisors from other law enforcement agencies. The
candidate will be asked to answer questions, which are specific to the Fairhope Police
Department, and questions, which are unique to the profession. The total possible
promotional points that can be awarded during this phase will be 40 points.
The points from each phase will be added together and the candidate with the highest
promotional score will be promoted to the rank of Sergeant or Corporal respectively.
In order to be eligible for promotion, you must currently be in the next, lower rank,
and not be on probation.
All personnel who wish to become a candidate for promotion must notify the Captain
in writing of their intention. After a list of qualified candidates is acquired, the study
guides will be ordered, and a test date set. By using this method for promotion will
keep from using or being accused of using the good old boy system.
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24 October 2005
City Council reviewed an application for a Beer/Wine On/Off Premises
License by William B. Little, dba Oak Hollow Farm Inc., located at 14210 Greeno
Road, Fairhope, Alabama, for the Rileigh Raylee Angle Ride Concert on November
5, 2005 to benefit children with medical problems. Councilmember Ford moved to
approve the issuance of the license. Seconded by Councilmember Quinn, motion
passed unanimously by voice vote.
Larry Hallman, a resident of 156 Willow Lake Drive, addressed the City
Council to read and request to have the following letter written by Michael R.
Perkins, President of the Board of Directors, the Woodlands at Fairhope Home
Owners Association, be entered into to records.
TO: Fairhope City Council & Mayor
FROM: President, Board of Directors, The Woodlands
At Fairhope Home Owners Association
SUBJECT: The hazardous intersection at Hwy. 98 and the
Entrance to The Woodlands at Fairhope Subdivision
1. I regret that I cannot read this letter and discuss this most important issue before you this
evening. Due to a prior commitment, I will be out of town on October 24, 2005, at the next
scheduled council meeting.
During my career in the United States Coast Guard, I have had the opportunity to live in many
cities throughout our great country. Some of these cities include New York, Boston, Norfolk,
St. Louis; these cities obviously have huge traffic congestion and problems, but never have I
encountered a traffic situation that we have at the entrance to our subdivision. We have a four
lane split highway, with a posted speed limit of 55 mph, with a lot of vehicles going 5-10 mph
above the speed limit, combine this with an ever increasing number of vehicles exiting Hwy.
98 ALT (from Section St.) and attempting to cross two South bound lanes on Hwy 98 with a
high volume of traffic traveling between 55 mph and 65 mph. This places them in the
unmarked and congested medium where they must jockey for position and wait to enter North
bound traffic. I have observed as many as 7-8 vehicles in the medium at one time. Traffic
from the Woodlands trying to enter Hwy 98 ALLT or turn South on Hwy 98 must make the
same perilous crossing from the opposite directions. All vehicles now in the medium try to
establish their position to enter into the high speed traffic heading North or South on Hwy 98.
There are so many other options at this intersection it can make the most experienced driver
uneasy. The driers vision, while in the medium, is often obscured or entirely cutoff by other
vehicles joining them in the medium. I could go on and on about the different hazardous
situations that arise on a daily basis, but I believe you have heard this before.
3. Last week we tragically experienced a fatal accident at this intersection, just as we have
feared. The elderly and teenage drivers are the ones at the most extreme risk. If something is
not done to immediately relieve this situation, we will experience more horrific accidents in
the future and I fear the near future. Our local elected city officials have been advised of this
situation in the past. Responding by stating it is out of the City's jurisdiction and controlled
by the State Highway Department is not an adequate answer or response.
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24 October 2005
4. Our elected officials at all levels should expeditiously respond and work quickly to resolve
such an important safety issue. The homeowners of the Woodland at Fairhope implore you to
bring as much attention and pressure upon those who ca correct the hazardous traffic problem
at this intersection.
As an immediate interim step, we are asking that the speed limit on Hwy 98 approaching this
intersection be reduced to 45 mph or lower. That the new speed limit signs be flagged or have
other means to draw attention to the new posted speed limit. We further request that the
Fairhope Police Department be directed to vigorously enforce the new speed limit by use of
radar or other means at their disposal. This strict enforcement should continue until such time
as traffic signals are employed to correct this extremely dangerous intersection.
We live in one of the most beautiful and peaceful cities in the United States. We have great
people and great leaders who take pride in the City of Fairhope and Baldwin County. The
time and effort that you, the City Council and Mayor, give to the citizens of Fairhope is
greatly appreciated. I beseech you on behalf of my neighbors in the Woodlands and all other
citizens that use Hwy 98 to take whatever action is necessary to expeditiously correct and/or
mitigate this hazardous traffic situation. With the rapid growth of our city and Baldwin
County, the situation grows more serious on almost a daily basis.
7. As President of our Homeowners Association, I am grateful for your consideration and help in
resolving this matter before we have another tragic fatality.
Respectfully Yours,
Michael R. Perkins, Capt., USCF, Ret.
President of The Woodlands at Fairhope
Home Owners Association
Councilmember Stankoski, Chairperson of the Street Committee, addressed the City
Council to make the following report:
Councilmember Stankoski expressed his personal condolences to the family and
friends of Mrs. Joy Walker. (Mrs. Walker was recently killed in a car accident at the
intersection of Woodland Subdivision and U.S. Highway 98.)
• April 25, 2005 Judge Lang Floyd addressed this Council concerning safety, traffic flow and
increase volume of traffic especially in the morning and afternoon hours at the intersection of
Woodlands and U. S. Highway 98.
• June 24, 2005 Christopher Baker, Director of Planning and Building, sent a letter to 9`s
Division Engineer, Alabama Department of Transportation, Mobile, Alabama, requesting a
traffic survey at this intersection. This request to the state had to be made because U. S.
Highway 98 is a State road. Chief of Police, Chris Browning, advised that the state would not
accept any other traffic survey but their own.
• Mayor Kant, in his remarks at the June 27, 2005, regular City Council meeting advised that
Mr. Baker was working with the state regarding this situation and referred to his letter of June
24, 2005.
• July 14, 2005 Councilmember Stankoski sent a letter to Judge Floyd with update.
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24 October 2005
• August 8, 2005 Councilmember Stankoski called Mr. Baker prior to the Council meeting and
asked for an update. Mr. Baker advised Mr. Stankoski that he had talked to Wayne Curry
with ALDOT about his letter of request dated June 24, 2005, and this request was being
handled. This was reported to the City Council.
• August 28, 2005 Hurricane Katrina arrived.
• October 24, 2005 Councilmember Stankoski spoke to Ronnie Poiroux with ALDOT who
advised that paperwork was sent to the City for review to request traffic engineer with
ALDOT meet with representatives of the City to discuss the situation.
Interim Solutions:
1. Increase police patrol, presence, and visibility
2. Increase enforcement of traffic violations
3. Post speed trailer
4. Increase effort to have ALDOT survey and handle traffic situation at U.S. Hwy 98 —
Woodlands and Parker Road.
Judge Floyd addressed the City Council expressing that he understood that the City
Council has to do what is best for the overall City, and requested that the City
Council not focus on one final decision, but to consider all options. Placing a traffic
light at the intersection of Section Street and U.S. Highway 98 is only one option.
Judge Floyd further expressed that he thought the purpose of Mr. Perkins's letter was
that the residents of Woodland Subdivision understood that you must work with
ALDOT on a solution, and that Woodland was not asking for a traffic light at this
intersection, but look at the entire section from Highway 104 to Parker Road.
Council President Gentle expressed that the fact that ALDOT wants to sit and discuss
a solution is great and that the City need to look at the whole picture.
There being no further business to come boor the City Council the meeting
was duly adjourned at 6:50 p.m.
Robert C. Gentle, Council President
ty Clerk/Treasurer