HomeMy WebLinkAbout11-14-2005 Regular Meeting3699
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, 14 November 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 Councilmember Christenberry,
gave the invocation. Councilmember Stankoski moved to approve minutes of the 24
October 2005, regular meeting. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Mayor's Comments and Staff Report:
• Mayor Kant announced that the City Council would have an Update Work Session on Friday,
18 November 2005 at 8:30 a.m.
Councilmember Christenberry inquired of the Mayor of any report from the County
Commissioners on the establishing of a new district. District 7. The Mayor stated that he had
not received any official report from the County Commissioners.
Geniece W. Johnson, City Clerk/Treasurer was presented from International
Institute of Municipal Clerks conferring membership in the Master Municipal Clerk
Academy.
The Master Municipal Clerk Academy Program encourages Municipal Clerks to
continue their professional growth and development. The program honors and salutes
continued high-level achievement beyond the attainment of the prestigious Certified
Municipal Clerk award.
It is not easy to obtain entry into the Academy. Candidates must complete graduate
work at IIMC approved municipal clerks institutes or prove similar advance
educational attainment. Professional participation must also be demonstrated such as
leadership in professional associations, committee work, conference attendance and
professional writing achievements.
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14 November 2005
There are four levels of membership in the Academy: Entrance, first, second, and
third levels. Upon completion of all four Academy levels, members will be granted
the Master Municipal Clerk (MMC) designation.
Of the IIMC's 10,300 active membership records, only 2,022 Municipal Clerks have
reached this goal.
On November 16 —18, 2005, the Alabama Municipal Clerks will attend their 40th
Annual Municipal Management Training Institute at the Perdido Beach Resort, in
Orange Beach.
Geniece W. Johnson, City Clerk/Treasurer of the City of Fairhope has served in the
capacity of Treasurer, Secretary, and is currently serving as President -Elect of the
Alabama Association for Municipal Clerks and Administrators. Mrs. Johnson will be
sworn in as President by the Honorable, Mayor Timothy M. Kant on the night of
November 171h along with the other new officers.
Mrs. Johnson personally extended an invitation to the Councilmembers to attend this
auspicious event. Mrs. Johnson thanked the Mayor, City Council, co-workers,
colleagues and citizens of Fairhope for their support.
Gary Grover and Harriet Gutknecht, with the Historical Preservation
Committee, gave a report on the eighth Historical Homes Tour. Artist, Elizabeth
Carrigan's sketches were presented to the homeowner participants for the Historical
Homes Tour for 2005.
Councilmember Christenberry introduced in writing Ordinance No 1274, an
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. In order to take immediate action
Councilmember Christenberry moved for immediate consideration. Seconded by
Councilmember Ford, motion for immediate consideration passed unanimously by the
following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -
none. Councilmember Christenberry then moved for final adoption of Ordinance No.
1274. Seconded by Councilmember Ford, motion for final adoption passed
unanimously by the following vote: AYE -Quinn, Stankoski, Christenberry, Ford and
Gentle. NAY -none.
Councilmember Stankoski introduced in writing an ordinance to consider
amending Ordinance No. 1233, Business License Ordinance. James Gillespie
explained the changes in this ordinance. In comparison to the other surrounding cities
the City of Fairhope business license rates will be still be below the other cities.
However the groceries stores rates will be parallel to other cities. This proposed
ordinance will layover until the next regular City Council meeting for final adoption.
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14 November 2005
Councilmember Stankoski introduced in writing Ordinance No 1275, an
ordinance amending Ordinance No. 530 (Adopted April 8, 1974) — Fixing Maximum
Speed Limits upon and along State Highways Located within the Corporate Limits of
Fairhope, Fairhope, Alabama. 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 then moved for final adoption of Ordinance No. 1275.
Seconded by Councilmember Ford, motion for final adoption passed unanimously by
the following vote: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -
none.
Councilmember Quinn introduced in writing a proposed ordinance to
Amending Ordinance No. 1129, The Building Code of the City of Fairhope. This
proposed ordinance will layover until the next regular City Council meeting for final
adoption.
Councilmember Ford introduced in writing Ordinance No 1276, an ordinance
to transfer the old Jail Property (24 South Section Street) back to Fairhope Single Tax
Colony for development as Fairhope History Museum. In order to take immediate
action Councilmember Christenberry moved for immediate consideration. Seconded
by Councilmember Ford, motion for immediate consideration passed unanimously by
the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -
none. Councilmember Ford then moved for final adoption of Ordinance No. 1276.
Seconded by Councilmember Quinn, motion for final adoption passed unanimously
by the following vote: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle.
NAY -none.
City Attorney Marion E. Wynn exited the Dias at 6:06 p.m.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution accepting the public streets, public right-of-way,
and all of Fairhope's public utilities within Edington Place Subdivision Phase II for
maintenance. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
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14 November 2005
Resolution No. 1256-05
WHEREAS, the Owners of Edington Place 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 2236 B, 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
Edington Place 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 Edington Place Phase II are hereby accepted for public maintenance subject to the
bond posted.
Adopted, this 14th day of November , 2005
M.l Kant,
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14 November 2005
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution Authorizing Mayor Kant to execute an Airport
Improvement Funding Agreement between the City of Fairhope and Alabama
Department of Transportation for land acquisition and Environmental Assessment.
The total amount of the grant shall be for $ 1,860,300.00 with the City portion of
$46,508.00. AIP# 3-01-0029-007-2006. Seconded by Councilmember
Christenberry, motion passed unanimously by voice vote.
RESOLUTION NO. 1257-05
BE IT RESOLVED, by the City of Fairhope as follows:
1. That the City of Fairhope is authorized to make an application in the amount of Forty-six Thousand Five
Hundred Eight dollars ($46,508.00) for airport improvement funding assistance from the State of Alabama
Department of Transportation, for the purpose of undertaking a project to make improvements at the H. L.
"Sonny" Callahan Airport.
2. That the application be submitted for and on behalf of the City of Fairhope Airport Authority 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 Airport Authority.
3. That the City of Fairhope Airport Authority 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 Airport Authority for and on behalf of the
City of Fairhope Airport Authority by its Mayor.
5. That the agreement be attested by the City Clerk/Treasurer and the seal of the City of Fairhope affixed thereto.
6. That the authority of the City of Fairhope Airport Authority 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 Airport
Authority is duly authorized to commit the City of Fairhope Airport Authority to an agreement with the
Alabama Department of Transportation.
BE IT FURTHER RESOLVED, that the City of Fairhope Airport Authority hereby affirms that the local matching share of
funds in the amount of Forty-six Thousand Five Hundred Eight dollars ($46,508.00) 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 $1,767285.00
State $ 46,507.00
City $ 46,508.00
Total: $1,860,300.00
I, the undersigned qualified and acting as the Mayor of the City of Fairhope Airport Authority, do hereby certify that the above
and foregoing is a true copy of a resolution lawfully passed and adopted by the City of Fairhope Airport Authority named
therein, at a regular meeting of such body held on the 10 day of November , 2005, and that such resolution is on file
in the office of the City of Fairhope Airport Authority.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 14"'
day of November , 2005.
Adopted This 14'" Day of November 2005.
aTimotM. Kant Mayor
Attest:
c
eniece W. Johnson, City Cler reasurer
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14 November 2005
Councilmember Ford moved to grant Change Order Request # 1 for MW
Rogers Construction Co., LLC, Mobile, Alabama, to add plumbing and electrical to
the new Corporate Hangers, increasing by contract by $7,065.00. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
City Council reviewed an application for a Restaurant Liquor License by
George Bullock, dba Gambino's, located at 18 Laurel Avenue, Fairhope, Alabama.
Councilmember Christenberry moved to approve the issuance of the license.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Quinn moved to update the Fairhope Police Reserve Roster
by removing Charlene Barton, Jeris King, and Douglas Proctor. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
Councilmember Quinn moved to grant the request of Eastern Shore Optimist
Club, requesting the use of the City's property behind the site for the new Fairhope
Public Library on Bancroft for their annual fund raising Christmas Tree Sale for
2005. (Old Nut Processing Building Location). Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
Councilmember Stankoski, Chairperson of the Street Committee addressed
the City Council to make the following report:
The Street Committee met on November 7, 2005.
1. Woodlands/Parker Road/Hwy 104 area
Wayne Curry traffic engineer with ALDOT recommended Veterans Drive be changed to
one way south toward downtown with a right turn lane added at Sections and Highway
104 to send northbound traffic to the traffic light at Highway 98 and Highway 104. This
would eliminate northbound traffic stacking at Highway 98 and Veterans Drive/
Woodland entrance/exit.
Mr. Curry's alternate recommendation is a traffic light at Woodlands and Highway 98
requiring construction of turn lanes at junction of Highway 98 and Highway 104 which
the state would handle. The City would take care of the trun lane at Highway 104 and
Section Street. A traffic signal costs One Hundred Thousand Dollars ($100,000.00). The
City would be responsible for Fifty Thousand Dollars ($50,000.00) of the total cost.
Mr. Curry stated at this time traffic at Parker Road and Highway 98 does not justify a
traffic signal.
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14 November 2005
In order to plan for future growth in this area i.e. commercial and residential off Highway
98 and PUD approved for "triangle", Jennifer Fidler, Public Works, is to provide Mr.
Curry with additional traffic surveys and information. Mr. Curry is to use this additional
data to propose solution which will solve today's problems as well as plan for the future
so as not to have to address again. Mr. Curry's recommendations will be brought to the
Street Committee and eventually to the City Council.
In mean time, the recommendation is to request the speed limit on Highway 98 at this
area be lowered from 55 to 50 mph.
2. Walkway Striping Plantation Boulevard will be completed soon.
Cyclist Road Signs — Councilmember Quinn advised the Trailblazers are in the
process to mapping high cyclist routes and provide "share the road" signs. The city
will install the signs.
4. Request Speed Bumps Quail Creek Dr. — Chief Browning reported road stripping of
this area has been completed in lieu of speed bump and has had the desired effect on
traffic on this street.
5. Four Way Stop Morphy Avenue and Ingleside Street — Recommendation is to keep
this as a four way stop.
6. Traffic Light Section Street Oak Avenue with pedestrian cress "button" — Under
advisement with recommendation to be completed as soon as practical.
7. Sidewalks Greeno Road to Section Street along Volanta — Underway
8. 4-way Stop Gale Row Lane and Colony — Chief Browning reports this has been
converted from 2-way to 4-way stop.
9. Fairhope Avenue and Ingleside Intersection — Councilmember Quinn advised she has
had inquiries about this intersection. Recommended that Chief Browning review
this.
Michael R. Perkins, Capt., USCF, Ret., President of The Woodlands at Fairhope
Home Owners Association a resident at 145 Willow Oak Drive, addressed the City
Council to thank the City Council for requesting Alabama Department of
Transportation to reduce the speed limit along U.S. Highway 98 from Gayfer north to
Parker. Mr. Perkins stated that he would like to see the speed limit reduced further to
45 mph. It was explained to Mr. Perkins that the ALDOT would not reduce the speed
to 45 mph. ALDOT would only reduce the speed by 5-mile increment from 55 mph
to 50 mph.
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14 November 2005
Mrs. Sparks a resident of 106 Morphy Avenue addressed the City Council requesting
the City Council to reconsider the traffic light at the corner of Ingleside Street and
Morphy Avenue. Mrs. Sparks expressed that it is hard getting out of her driveway,
because the vehicular traffic is constantly running the 4-way stop signs at this
intersection.
Councilmember Stankoski stated that the Street Committee would look into this
request.
Councilmember Christenberry addressed the City Council to report on the
meetings held by the Arts & Crafts/Arts Center Committee (Squatters).
Councilmember Christenberry reported that nothing was accomplished during the
meetings. Councilmember Christenberry proposes that the business license for
Special Events License stay at $100.00, and promote that the Arts & Crafts/Arts
Center work with the Fire and Police Departments on the placement of the booths.
Robin Fitzhugh with the Art Center and Darrelyn Bender with the Chamber of
Commerce (Arts & Crafts) addressed the City Council with concern of having
squatters mixed within their show will diminish the shows.
The private property owners rent parking spaces to squatters to compensate for the
lost of incoming during the annual Arts & Crafts show. The private property owners
and renters of the establishment states that their customers cannot get to their
businesses during the show; therefore, resulting in a lost of income.
Councilmember Christenberry stated that he understand that several businesses are
effected by the show, but protecting the quality of the show is also. important.
Mayor Kant expressed that the following staff members will work with this
committee to review all recommendations and to bring some solution to this issue:
Sherry Sullivan, James Gillespie, Chief Browning and Summer Woodson.
Councilmember Quinn made a motion to approve bills payable. Seconded by
Councilmember Ford, motion passed unanimously by voice votes.
There being no further business to co e b fore the City uncil the meeting
was duly adjourned at 7:03 p.m.
n Robert C. Gentle, Council President
Geniece W. Johnson, J3)(y Clerk/Treasurer