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Home My WebLink About05-11-2006 Regular MeetingM 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 Thursday, 11 May 2006. 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 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 Rev. Jerald Hyche Minister at the St. James Episcopal Church, gave the invocation. Councilmember Quinn moved to approve minutes of the 24 April 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed by the following voice votes: AYE -Quinn, Christenberry, Ford, and Gentle NAY -None, ABSTAINED — Stankoski. Mayor's Comments and Staff Reports: • Mayor Kant introduced the new planner Gregg Mims. Mr. Mims started with the City on May 8, 2006. • Steve Seay with the Gas Department presented the following power point presentation. F.1wp P.M. UINMIM Gn Dprtt M FWeh." P.M. UUM . Miles of gas mains Installed from 1950 to 2005 1950 — 1959 45 Miles 1960 —1969 147 Miles 1970 —1979 25 Miles 1980 — 1989 49 Miles 1990 —1999 128 Miles _ 2000 — 2005 65 Miles Total gas mains installed for 2005: 68,000 feet of 2" plastic pipe (12.87 miles) Slide 1 Slide 2 W-N 11 May 2006 F.M." Public UtHM a- O.P—ol Services Installed from 1950 to 2005 1950 —1959 1834 1960-1969 1498 1970 —1979 818 1980 — 1989 864 1990 — 1999 2875 _ 2000 —2005 1500 Total gas services Installed for 2005: 424 approximately 50,000 feet of %" plastic pipe (10 miles) Total gas services at the end of 2005: 8852 Total gas meters at the end of 2005: 8252 Slide 3 FYrhop. PYWk U WN- 0u Dpxlr t Gas inspections completed by the Gas Department for 2005: 636 New Construction: 431 Re -inspection and Remodeling: 205 Slide 5 Ftlr" PUWk UWNw a- ow. i .l Work Orders completed for 2005: 1577 New Gas Services, Gas Mains, Maintenance, Work performed for other Departments, Gas meter sets, Call outs, and more. Slide 7 FNrhope Publlo U W Ww 0r 0"r t Gas leaks responded to for 2005: 194 Contractor Damage: 53 Customer Leaks: 53 No Leaks: 79 Material Defects: 1 Natural Forces: 8 Slide 4 Fdrh.p P.M. UWNw 0- Dip.—t Line locates received from Alabama Line Locate for 2005: Approximately 10,287" Slide 6 Jennifer Fidler Public Works Director presented the following power point presentation. Ms. Fidler stated that she would like to start the new recycle schedule on June 5, 2006. 11 May 2006 Estimated Annual Costs Iftm L 2/Wk Manual Once/Wk Auto 2/Wk Auto "h. Amortization $65.000 90,000 107,000 h. Maintenance 80.000 90,000 110,000 vers (1 spare) 290,000 232,000 290,000 Helpers 360.000 N/a 90,000 W C claims & Ins. 94,000 25,000 54,300 dntainers Amor. Na 65,000 65,000 TOTALS 1$889,000 1502,000 1716,300 Slide 1 Overview: Recycle Route ID • Currently Fairhope picks up residential recycling 5 days per week (same day as yard waste/bulk item pickup) • Recycle route will have 4 pickup days (Monday, Tuesday, Thursday and Friday) • Men will work 4; 10 hour shifts Slide 3 Phase II and III: Mid March: Implementation of automation Recycling routes change • Eight weeks from date of implementation: • Residents who have Monday / Thursday garbage will either have Monday or Thursday Recycling. The residents who have Tuesday / Friday garbage will have either Tuesday or Friday recycling. • Routes should encourage residents to put out garbage once a week with their recycling. W Slide 2 Fairhope Recycle Route f Proposal Ya+.ae� � ��r � ......• ry S It Fee{:1:. ` � FM 1 1 Thy&dq.. j Monday Slide 4 • Eddie Boyett Recreation Department Superintendent addressed the City Council to give an update on the Recreation projects. o Work on the new field house has started despite the rains that we have been getting every day. o Mr. Boyett stated that after 30 years the restroom needed renovation, the fencing needed replacing, and the track needed resurfacing. Senator Brandy Bryans will give $10,000.00 from his discretionary fund toward the resurfacing of the track. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 1253. Councilmember Christenberry introduced the following ordinance, an ordinance zone the property of Stone Creek, LLC to a Planned Unit Development concurrent with annexation into the City of Fairhope. This property is located north of Stone Creek Subdivision, west of State Highway 181 (aka County Road 27), Fairhope, Alabama. Parcel contains 63.61 acres more or less. 46-07-26-0-000- 002.000 North Village at Stone Creek. The Planning Commission recommended approval of this ordinance. No one present was opposed to the amendment of Zoning Ordinance 1253. 3841 11 May 2006 Robin Gregory with Volkert and Associates addressed the City Council with a power point presentation of the proposed development. Mr. Gregory stated that in working with the County on the extension of County Road 44 aka Twin Beech Road, the developer has allowed 30 feet to the south of the centerline of County Road 44 to allow for the future extension of County Road 44. The developer has also allowed 80 feet area for the widening of State Highway 181 aka County Road 27. Councilmember Ford inquired if enough area is being allowed for the expansion of State Highway 181. Mr. Gregory explained that SH 181 is approximately 80 feet presently. The State is requiring 120 feet from the center line for the widen of SH 181; therefore, the developer is allowing 80 feet plus the existing 40 feet would total 120 feet as required. Councilmember Quinn inquired as to who will hold the conservation easement of the wetlands. Mr. Pat Achee stated that he did not know who would hold the conservation easement, but this is being worked on. Councilmember Ford exited the dais at 6:05 p.m. and returned at 6:06 p.m. Councilmember Quinn also stated that she did not like having one ingress and egress on to State highway 181. Mr. Gregory stated that this should not be a problem because there will be two lane in and two lanes out. Mr. Gregory also stated that this area would be more of a retirement unit, and there would only be 80 units. Councilmember Ford inquired about park areas within this development. Mr. Gregory explained that two common space areas are within this development, and that a boardwalk will connect Stone Creek North to the existing Stone Creek area. In order to take immediate action, Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration did not pass unanimously by the following voice votes: AYE-Stankoski, Christenberry, Ford and Gentle. NAY -Quinn. This proposed ordinance will layover for final adoption at the next regular City Council meeting. 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 Song Grove Phase I Subdivision for maintenance. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 3842 11 May 2006 RESOLUTION NO. 1287 WHEREAS, the Owners of Song Grove, Phase I 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 2258 C, 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; 11 May 2006 WHEREAS, the City of Fairhope, Alabama, has received from the owners of Song Grove, Phase I 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 Song Grove, Phase I are hereby accepted for public maintenance subject to the bond posted. Adopted, this I Ith day of May , 2006 3843 11 May 2006 Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute the Fourth Amendment to Lease Agreement between the City of Fairhope and Cingular Wireless PCS, LLC., lease agreement dated March 1, 1991 leasing property at the City's Water tank located at 8675 Fairhope Avenue, Fairhope, Al. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1288 WHEREAS, this fourth amendment to lease ("Fourth Amendment") dated as of the date below is by and between the City of Fairhope, (hereinafter referred to as "Lessor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, (herein after referred to as "Lessee"). WHEREAS, Lessor and Lessee entered into a Lease dated March 1, 1991, a Addendum to Lease dated July 1, 1997, a Addendum to Lease dated in 1998, and a Resolution No. 1015-04 dated March 11, 2004; whereby Lessor leased to Lessee certain premises, therein described, that are a portion of the property located at 8675 Fairhope Avenue, Fairhope, Al 36532 (collectively the "Lease"); and WHEREAS, Lessor and Lessee desire to extend the terms of the lease; and WHEREAS, Lessor and Lessee desire to modify, asset forth herein, the Rent payable under the Lease; and WHEREAS, Lessor and Lessee desire to modify, as set forth herein, the Lessor's obligations to pay Rent to Lessor for an Abatement Period and Rent Guarantee period; and WHEREAS, Lessor and Lessee, in their mutual interest, further wish to amend the Agreement as set forth below. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and Tenant agree as follows: Term. The term of the Agreement shall be amended to provide that the Agreement has a new initial term of 60 months ("New Initial Term"), commencing on July 1, 2006. The Term will be automatically renewed for up to 5 additional 60 month terms (each an "Extension Term") without further action by Lessee. Termination. In addition to any rights that may exist in the Agreement, after the Rent Guarantee Period, as defined below, Lessee may terminate the Agreement at any time with 30 days prior written notice to Lessor; provided, that Lessee pays to Lessor an amount equal to 12 months of the then current Rent. 3. Modification of Rent. Lessor has elected to receive rent payment in cash in lieu of the compensation set forth in Section 2 of the Resolution No. 1015-04 dated March 11, 2004. Commencing on October 1, 2006, the Rent payable under the Lease shall be $1,400.00 monthly, and shall continue during the Term, subject to adjustment as provided below. 9M 11 May 2006 4. Modification of Lessee's Obligations to Pay — Rent Abatement. Notwithstanding Lessee's obligations to pay Rent as set forth under the Lease, for a 3 month period commencing July 1, 2006 and ending September 30, 2006, Lessor agrees to abate any and all Rent payments due from Lessee. Modification to Lessee's Obligation to Pay — Rent Guarantee. Notwithstanding Lessee's obligations to pay Rent set forth under the Lease, for a 48 month period commencing October 1, 2006 and ending September 30, 2010 ("Rent Guarantee Period"), Lessee hereby agrees that Lessee's obligation to pay Rent is guaranteed and such obligation will not be subject to offset or cancellation by Lessee. Notwithstanding the foregoing, if Lessor exercises any of Lessor's rights to terminate the Lease, if any, Tenant will be released from any and all of its obligations to pay Rent during the Rent Guarantee Period as of the effective date of the termination. 6. Future Rent Increases. The Lease is amended to provide that commencing on July 1, 2006, Rent shall be fixed during the initial Term and all Extension Terms. NOW BE IT RESOLVED, that all other terms listed in this Lease shall be adhered to by both parties. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby Authorizing Mayor Kant to execute the Fourth Amendment to Lease Agreement between the City of Fairhope and Cingular Wireless PCS, LLC., lease agreement dated March 1, 1991 leasing property at the City's Water tank located at 8675 Fairhope Avenue, Fairhope, Alabama. Adopted on this 11`i' day of May 52006 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 Hutchinson, Moore & Rauch, LLC to provide engineering services for the NRCS Emergency Watershed protection program for Hurricane Katrina. The engineering services will cost approximately $116,700.00. Agreement No. 69-4101-6-27. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This service will be paid for by the Rainy Day Fund. 11 May 2006 RESOLUTION NO. 1289 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 a NRCS Emergency Watershed protection program for Hurricane Katrina. The engineering services will cost approximately $116,700.00. DULY ADOPTED THIS I I' DAY OF May , 2006. Vv . L-- thy M. Kant, Mayor Attest Geniece W. Johnson i erk Councilmember Christenberry 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 U. S. Department of Agriculture NRCS for the Emergency Watershed Protection Program, 2005 - Hurricane Katrina. The total estimated cost of $1,946,333.66. $1,460,00.00 75% of construction cost and $486,666.66 (25%) city's contribution. Agreement No. 69-4101-6-27. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. This project will be paid for by the Rainy Day Fund. 0:' • 11 May 2006 RESOLUTION NO. 1290 WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed; and, WHEREAS, the Sponsor and NRCS agree to a plan which provides for restoration of certain works of improvement referenced in Section A. NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. IT IS AGREED that the following described work is to be constructed at a total estimated cost of $1,946,666.66. $1,460,00.00 75% of construction cost and $486,666.66 (25%) City's contribution. Agreement No. 69-4101-6-27 PROJECT — EMERGENCY WATERSHED PROTECTION PROGRAM - 2005 HURRICANE KATRINA. DSR SITE LOCATION FAI090501 American Legion Scenic 98 FAI090502 Tatumville Gully@ South Run FAI090503 Perdido Ave. West End FAI090504 Park @White Ave & South Mobile FAI090505 112 Echo Lane FAI090506 East End of Stimpson Avenue FAI090507 Gully East of Magnolia Beach Apt. FAI090508 Woodlands FAI090509 North Section Street FAI090510 9 Echo Lane FAI090511 Bayview @ University of South Alabama FAI090512 Cliff Drive/So Mobile St. — So. F'hope Ave. Estimated Cost $ 50,000 $ 82,000 $ 53,000 $ 116,000 $ 33,000 $ 44,000 $ 40,000 $ 35,000 $ 30,000 $ 35,000 $ 20,000 $ 922,000 $1,460,000 NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Kant is hereby authorized to execute an agreement between the City of Fairhope and the United States Department of Agriculture Natural Resources Conservation Service for an Emergency Watershed protection program, 2005- Hurricane Katrina - $1,460,000.00 (75%) of construction cost and $486,666.66 (25%) city contribution. Adopted this 1 lth day of May , 2006. ';;othy M. ant, kayor Attest: Geniece W. Johnson, Ci 3847 11 May 2006 Councilmember Stankoski moved to approve the Site Plan Review of property owner Martin Myrick, an office building on the north side of Estella Drive across from the Food World shopping center entrance. Seconded by Councilmember Ford, motion passed unanimously by voice vote Councilmember Quinn moved to reappoint Gary Moore and Lee Turner for a six - year term to the Planning & Zoning Commission. The term will end May 2012. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Identification: "T-HANGERS — CALLAHAN AIRPORT" Bids to be opened on: April 21, 2005 at: 10:00 a.m. There will be two (2) T-Hangers constructed at the Callahan Airport. Funding will come from the Fairhope Airport Authority. VENDOR: PRICE. DELIVERY. M.W. ROGERS CONSTRUCTION CO., Mobile, AL $499,818.00 90-Days after receipt of metal building SUN COAST BUILDERS, Foley, AL $590,730.00 90-Days I.E.D., INC., Foley, AL NO BID KEMKO, INC., Daphne, AL NO BID E.J. BUILDERS, INC., Foley, AL NO BID ADRIAN L. JOHNSON, Fairhope, AL NO BID recommended to accent the low bid of M.W. ROGERS CONSTRUCTION CO.. Mobile. AL with all specifications being met. Colton Coile, Wayne Smith, Fairhope Airport Authority Purchasing Agent WM 11 May 2006 Proforma for the construction of 16 T-Hangers at the Fairhope airport 2007 2008 2009 2010 2011 Revenues Hanger Rent ($300 / month (a) $57,600.00 $57,600.00 $60,480.00 $60,480.00 $63,504.00 Common Area Maintenance ($20 / month) $3,840.00 $3,840.00 $3,840.00 $3,840.00 $3,840.00 Interest on Escrowed Hanger Deposits $160.00 $160.00 $160.00 $160.00 $160.00 Total Revenues $61,600.00 $61,600.00 $64,480.00 $64,480.00 $67,504. 00 Expenses Hanger Debt service ($529,818, 20 years, @ 5.25%) (b) $43,420.00 $43,420.00 $43,420.00 $43,420.00 $43,420.00 Hanger Maintenance Reserve ( $60 / month) $11,520.00 $11,520.00 $9,600.00 $9,600.00 $9,600.00 Utilities (Electricity, water) ($25/month) ( c ) $4,800.00 $4,944.00 $5,092.00 $5,245.00 $5,402.00 Total Expenses $59,740.00 $59,884.00 $58,112.00 $58,265.00 $58,422.00 Operating Income $1,860.00 $1,716.00 $6,368.00 $6,215.00 $9,082.00 (a) Hanger rents are assumed to increase 5% every two years (b) Includes paving hanger apron at a cost off $50,000 and T-Hanger construction cost of $479,818 (c) Utilities are assumed to increase 3% every year Councilmember Ford moved to accept the low bid of M.W. Rogers Construction Co., Mobile, Alabama for two T-hangers at the H. L. "Sonny" Callahan Airport. Councilmember Ford also moved to authorize Mayor Kant to negotiate with the local banks for the funding of this project. The proceeds from the rental of the T-hangers will be used to pay back the $499,818.00 loan. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Mims 11 May 2006 Identification: "SKID -STEER LOADER" Bids to be on: April 28, 2006 at: 10:00 a.m. Item: Skid Steer Loader is to be used for projects at Quail Creek Golf Course Equipment is to be funded by (Nancy Wilson). VENDOR: PRICE: MODEL: DELIVERY: BEARD EQUIPMENT CO., Mobile, AL $29,755.00 Bobcat Loader 30-Days S185 Skid -Steer Loader ASC CONSTRUCTION EQUIPMENT, Mobile, AL $34,072.00 Volvo 30-60 Days Alternate Bid: Volvo 30-60 Days $35,382.00 MC80-B THOMPSON TRACTOR, Daphne, AL $35,238.75 Caterpillar 90-Days 216-B Cat *FOLEY IMPLEMENT CO, Foley, AL $35,650.00 SPECIFICATIONS JCB 190 21-Days NOT MET COWIN EQUIPMENT CO., Mobile, AL NO BID DITCH WITCH OF MOBILE, Mobile, AL NO BID VERMEER, Pensacola, FL NO BID With all specifications being met, it is recommended to accept AL for the total price of $29,755.00. BEARD EQUIPM , Mobile, `Foley Implement Co: Specifications not met because Auxiliary Hydraulics are foot controlled, not hand controlled. Specifications called for no foot controls for auxiliary hydraulics. Harold Childres, Quail Creek Grounds Supt. Wayne Smith, Purchasing Agent Councilmember Quinn moved to accept the low bid of Beard Equipment Company Mobile, Alabama for a Skids -Steer Loader for the Golf Department. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be paid for by the Golf Operating Fund. Councilmember Christenberry moved to Councilmember Ford, motion passed unanimoq. There being no further business to duly acj ourned at 6:27 p.m. Geniece W. J bills as presented. Seconded by v voice vote. ert C. Gentle, Council President was