HomeMy WebLinkAbout10-23-2006 Regular Meeting3970
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. 23 October 2006.
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 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 Councilmember Ford, gave the
invocation. Councilmember Christenberry moved to approve minutes of the 9
October 2006, regular meeting. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Mayor's Comments and Staff Reports
• City Attorney, Marion E. Wynne explained the procedures for passing an
ordinance of general and permanent nature.
l . An ordinance of general and permanent nature remains in operation until the
ordinance is repealed.
2. Ordinances are not passed at the same meeting, unless, unanimous consent for
immediate consideration is received by the governing body.
3. An ordinance is passed by the majority of all elected officials not just a
quorum.
4. If unanimous consent is not received the proposed ordinance will layover until
the next regular city council meeting for final action.
5. Ordinances that come before the governing body, as a public hearing must be
published twice for two consecutive weeks. The first publication must be of
the entire ordinance. The second publication will be a synopsis of the
proposed ordinance.
6. The governing body will hold a public hearing not less than 15 days after the
second publication.
The City's ordinances are binding for all citizens residing within the corporate
limits.
Mr. Wynne also stated that in the future all proposed amendments to an ordinance
must be presented in writing. Each proposed amendment would be voted on
individually.
3971
23 October 2006
Mr. Wynne explained that the proposed Fly Creek ordinance only approved the
zoning not all the details of the ordinance, and tonight the City Council will vote only
on the zoning of this ordinance.
Planning Director, Gregg Mims addressed the City Council citing a case of the
Supreme Court that allows changes, such as set backs, to a proposed ordinance.
However, such changes as zoning could not be changed without remanding the
proposed ordinance back to the Planning and Zoning Commission and not without
another public hearing.
Mr. Mims also stated that staff is looking into large number of people residing within
one establishment. The Planning Department will research this matter and report
back to the City Council.
Councilmember Quinn presented the following proclamation to members of
the Library Board Proclaiming October 22-28, 2006 as Friends of the Library Week.
NATIONAL FRIENDS OF LIBRARIES WEEK
WHEREAS, FRIENDS OF THE FAIRHOPE LIBRARY RAISE MONEY
THAT ENABLES OUR LIBRARY TO MOVE FROM GOOD TO GREAT
PROVIDING THE RESOURCES FOR ADDITIONAL PROGRAMMING, MUCH
NEEDED EQUIPMENT, SUPPORT FOR CHILDREN'S SUMMER READING,
AND SPECIAL EVENTS THROUGHOUT THE YEAR AND THE WORK OF THE
FRIENDS HIGHLIGHTS ON AN ON -GOING BASIS THE FACT THAT OUR
LIBRARY PROVIDES OPPORTUNITIES FOR ALL TO ENGAGE IN THE JOY OF
LIFE-LONG LEARNING AND CONNECT WITH THE THOUGHTS AND IDEAS
OF OTHERS FROM AGES PAST TO THE PRESENT; AND
WHEREAS, THE FRIENDS UNDERSTAND THE CRITICAL
IMPORTANCE OF WELL FUNDED LIBRARIES AND ADVOCATE TO ENSURE
THAT OUR LIBRARY GETS THE RESOURCES IT NEEDS TO PROVIDE A WIDE
VARIETY OF SERVICES TO ALL AGES INCLUDING ACCESS TO PRINT AND
ELECTRONIC MATERIALS, ALONG WITH EXPERT ASSISTANCE IN
RESEARCH, READERS' ADVISORY, AND CHILDREN'S SERVICES; AND
WHEREAS, THE FRIENDS' GIFT OF THEIR TIME AND COMMITMENT
TO THE LIBRARY SET AN EXAMPLE FOR ALL IN HOW VOLUNTEERISM
LEADS TO POSITIVE CIVIC ENGAGEMENT AND THE BETTERMENT OF
OUR COMMUNITY.
NOW THEREFORE, BE IT RESOLVED THAT THE MAYOR AND CITY
COUNCIL HEREBY PROCLAIMS OCTOBER 22-28, 2006, AS FRIENDS OF
THE LIBRARY WEEK IN FAIRHOPE AND URGES EVERYONE TO JOIN THE
FRIENDS OF THE LIBRARY AND THANK THEM FOR ALL THEY DO TO
MAKE OUR LIBRARY AND COMMUNITY SO MUCH BETTER.
3972
23 October 2006
Councilmember Christenberry moved for final adoption of Ordinance No.
1316, an ordinance vacating a Cul De Sac by directing the transfer of a cul de sac at
South Creek Circle, located within Rock Creek Subdivision, Fairhope, Alabama to
Clearpoint Properties, LLC. This ordinance was introduced and a public hearing held
at the regular City Council meeting on October 9, 2006. Seconded by
Councilmember Quinn, motion for final adoption passed unanimously by the
following voice vote: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle.
NAY -none.
Gregg Mims reviewed the proposed amendments of the proposed Fly Creek
Planned Unit Development. Mr. Mims explained that after learning that the
power/authority of the Governing Body could not be given to a group of people the
proposed amendments changed to the following:
AMENDMENTS TO THE FLY CREEK PUD ORDINANCE
(1) All lots immediately abutting Sandy Ford Subdivision shall have a minimum
width of 90' at the front yard setback line and a rear yard setback of 30'. The
proposed alleyway will be eliminated.
(2) The proposed street stub that abuts Sandy Ford Subdivision shall be platted
and dedicated to the City of Fairhope. Construction and opening of said street
stub shall only occur by Amendment to this PUD Ordinance by a request to
the City of Fairhope City Council or by a petition of the majority of the
property owners of Sandy Ford Subdivision, Rock Creek Subdivision and East
Rock Creek Subdivision. Opening of said street shall require a public hearing
by the City of Fairhope City Council. Said stub may be used for pedestrian
access and may be used for emergency vehicles with the approval of the City
of Fairhope Police Chief or Fire Chief.
(3) The street stub -out into the Woodlands Subdivision indicated on the Outline
Development Plan shall be dedicated and maintained as a natural easement
and shall remain unopened. Construction and opening of said street stub shall
only occur by an Amendment to this PUD Ordinance by a request to the City
of Fairhope City Council or by a petition of the majority of the property
owners of Woodlands Subdivision. Opening of said street shall require a
public hearing by the City of Fairhope City Council.
(4) The following section shall be removed: Construction for any portion of this
development abutting Rock Creek Subdivision shall be allowed but street
stubs shall not be constructed or connected to Rock Creek Subdivision or
Sandy Ford Subdivision until the site is connected to County Road 13.
Additional Comment: The applicant could not agree to designate the lots abutting
Fly Creek as provisional lots.
3973
23 October 2006
Councilmember Stankoski, a resident at 22283 Main Street, back yard is Fly
Creek; therefore, Councilmember Stankoski has concerns with Fly Creek basin. Mr.
Wynne checked with the State Ethic Commission to see if there was a conflict of
interest if Councilmember Stankoski voted on the Fly Creek proposed ordinance.
The State Ethic Commission advised that this would be a conflict of interest for
Councilmember Stankoski to vote on this issue because of the economic impact that
this could have on his own property. Councilmember Stankoski will abstain from
voting and discussion on this issue.
Amendment # 1
All lots immediately abutting Sandy Ford Subdivision shall have a minimum width of
90' at the front yard setback line and a rear yard setback of 30'. The proposed
alleyway will be eliminated
Councilmember Christenberry moved for the approval of Amendment # 1 of the
proposed Fly Creek POD. Seconded by Councilmember Ford. Councilmember Ford
inquired of Mr. Corte that the alley behind said lots in Amendment # 1 was removed
and a 30 ft buffer was added. According to Mr. Corte this is correct. Amendment # 1
passed by the following voice votes: AYE -Quinn, Christenberry, Ford and Gentle.
NAY -none. ABSTAIN-Stankoski
Amendment # 2
The proposed street stub that abuts Sandy Ford Subdivision shall be platted and
dedicated to the City of Fairhope. Construction and opening of said street stub shall
only occur by Amendment to this PUD Ordinance by a request to the City of
Fairhope City Council or by a petition of the majority of the property owners of
Sandy Ford Subdivision, Rock Creek Subdivision and East Rock Creek Subdivision.
Opening of said street shall require a public hearing by the City of Fairhope City
Council. Said stub may be used for pedestrian access and may be used for emergency
vehicles with the approval of the City of Fairhope Police Chief or Fire Chief.
Councilmember Christenberry moved for the approval of Amendment # 2 of the
proposed Fly Creek PUD. Seconded by Councilmember Ford, Amendment # 2
passed by the following voice votes: AYE -Quinn, Christenberry, Ford and Gentle.
NAY -none. ABSTAIN-Stankoski
Amendment # 3
The street stub -out into the Woodlands Subdivision indicated on the Outline
Development Plan shall be dedicated and maintained as a natural easement and shall
remain unopened. Construction and opening of said street stub shall only occur by an
Amendment to this PUD Ordinance by a request to the City of Fairhope City Council
or by a petition of the majority of the property owners of Woodlands Subdivision.
Opening of said street shall require a public hearing by the City of Fairhope City
Council.
3974
23 October 2006
Councilmember Christenberry moved for the approval of Amendment # 3 of the
proposed Fly Creek PUD. Seconded by Councilmember Ford, Amendment # 3
passed by the following voice votes: AYE -Quinn, Christenberry, Ford and Gentle.
NAY -none. ABSTAIN- Stankoski
Amendment # 4
The following section shall be removed: Construction for any portion of this
development abutting Rock Creek Subdivision shall be allowed but street stubs shall
not be constructed or connected to Rock Creek Subdivision or Sandy Ford
Subdivision until the site is connected to County Road 13.
Councilmember Quinn moved for the approval of Amendment # 4 of the proposed
Fly Creek PUD. Seconded by Councilmember Christenberry, Amendment # 4 passed
by the following voice votes: AYE -Quinn, Christenberry, Ford and Gentle. NAY -
none. ABSTAIN-Stankoski
Councilmember Quinn moved to allow 50 ft buffer instead of a 30 ft setback from the
wetlands. Councilmember Ford disagreed with putting in a 50 ft buffer along the
wetland. Councilmember Ford suggested that nothing be done at this time until the
drainage survey recommendations are received.
Council President Gentle questioned Mr. Corte if he agreed to abide by the Neel-
Schnaffer, Inc. recommendations. Mr. Corte stated that he could not agree to
something that he does not know. Mr. Corte further stated that he does agree to the
30 ft setback now, but the Neel-Schnaffer, Inc., study could ask for 100 to 200 ft., and
Mr. Corte stated that he could not agree to that.
It was clarified that when talking about setbacks it means the setbacks are from the
delineated wetland or the edge of the wetland not from the waters edge.
After further discussion, Councilmember Quinn amended her motion to allow 30 ft
buffer along the delineated wetlands and a 30 ft setback. This motion died for a lack
of a second.
Councilmember Ford request that Mr. Corte give a commitment that he would
consider changing the 30 ft setback to a 15 ft buffer and a 15 ft setback.
Councilmember President Gentle inquired if there were any covenants restricting on
what can/cannot be built within the 30 ft setback. Mr. Mims stated that a pool and
patio BBQ could be built within the 30 ft setback, but a garage or storage cannot be
constructed with the setback.
3975
23 October 2006
Councilmember Christenberry moved for final adoption of Ordinance No. 1317 an
ordinance amending the Zoning Ordinance No. 1253 to zone the property of Fred Corte,
as a Planned Unit Development, concurrent with annexation, containing 160 +/-
acres, and rezone the property of Angelo A. Corte from B-2 to a Planned United
Development, containing 53.33 +/- acres. This property is located on the Eastside of
State Highway 98, North of The Woodlands at Fairhope Subdivision and South of
Sandy Ford Subdivision. Parcel A contains 80 acres more or less 05-46-02-04-0-000-
002.000. Parcel B contains 80 acres more or less 05-46-02-04-0-000-001.000. Parcel
C contains 53.33 acres more or less 05-46-03-08-0-000-001.000 and 05-46-03-08-0-
000-003.000. Fly Creek Subdivision. (The proposed ordinance was introduced and
an public hearing was held on September 25, 2006). Seconded by Councilmember
Ford, motion for final adoption passed unanimously by the following voice votes:
AYE-Christenberry, Ford and Gentle. NAY -Quinn. AB STAIN- Stankoski.
The City Council took a recess at 7:03 p.m., and resumed business at 7:07 p.m.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing
Ordinance No. 1318. No one present was opposed to the amendment. An ordinance
to zone the property of Eastern Shore Medical Plaza, LLC (Craig R. Peterson) to B-4
Business and Professional District concurrent with annexation into the City of
Fairhope. This property is located just South of the intersection of Greeno Road and
Middle Street, Fairhope, Alabama. Parcel A & B contains 2.87 acres more or less. 05-
46-20-1-000-048.000. Eastern Shore Medical Plaza.
The City Council received favorable recommendation from the Planning & Zoning
Commission.
Gregg Mims, Planning Director addressed the City Council to explain the proposed
ordinance.
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The property is not in the City of Fairhope and is un-zoned in Baldwin County. The applicant is
proposing to rezone the property to B-4 (Business professional District) concurrent upon conditional
annexation. The subject property contains 2.87± acres; The Planning Commission approved a 3-lot
subdivision (Peterson Medical Park) on this property at the August 05, 2006 meeting.
North of the site lies the Holiday Inn, which is zoned M-1 (Light Industrial District). West of the subject
property lies un-zoned County land. South and east of the site is R-1 (Low Density Single Family
Residential District) and un-zoned County land.
The issues associated with this request are as follows:
Comprehensive Plan: This request is not contrary to the plan.
3976
23 October 2006
PLANNING COMMISSION RECOMMENDATION:
To approve subject to the following specifications and conditions:
Fences
An eight -foot privacy fence shall be constructed along the East, South, and West boundaries.
Landscaping
• A landscape buffer shall be installed along the East, South, and West boundaries.
Respectfully Submitted for Consideration,
Jonathan I. Smith
Planner
City of Fairhope
Council President Gentle opened the Public Hearing at 7:09 p.m., and closed the
public hearing at 7:10 p.m. No one present was opposed to the amendment.
Councilmember Ford inquired of the size of the buffer. Mr. Mims explained that the
10 ft buffer will be on the inside of the fence, and the property owners will maintain
the buffer.
In order to take immediate consideration Councilmember Quinn moved for
immediate consideration. Seconded by Councilmember Ford, motion for immediate
consideration 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.1318. Seconded by Councilmember
Stankoski, motion for final adoption passed unanimously by the following voice
votes: 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. 1253. Councilmember Stankoski introduced in writing, an
ordinance to zone the property of RLF Baldwin Properties, LLC to M-2 General
Industrial District concurrent with annexation into the City of Fairhope. This
property is located on the Westside of State Highway 181 just South of County Road
44, Fairhope, Alabama. Parcel Contains 53.48 acres more or less. 05-46-08-27-0-
000-001.00. Midbay Dirt Pit.
Gregg Mims addressed the City Council to explain the proposed ordinance. The City
Council received favorable recommendation from the Planning & Zoning
Commission
STAFF INTERPRETATION:
RLF Baldwin Properties, LLC is requesting an initial zoning for property generally located on the west side of State
Highway 181 just south County Road 44. The applicant requests that the property be zoned M-2 General Industrial
District, conditional upon annexation into the City of Fairhope. The property is currently utilized as a clay and sand
pit. The applicant desires to re -permit the existing sand and clay mining operation, which is being currently reclaimed
to accept vegetative debris and concrete debris and to operate as a recycling and disposal center for inert
unregulated materials. This operation conforms to the purpose and intent of the M-2 General Industrial District.
3977
23 October 2006
The issues associated with this request are as follows:
Comprehensive Plan: This request is not contrary to the plan.
Property Size: The property to be annexed is 53.54 acres.
Buffers: The applicant proposes a 100-foot landscape buffer zone along the property that fronts State Highway 181
and a 50-foot landscape buffer along the remaining perimeter of the subject property.
PLANNING COMMISSION RECOMMENDATION:
Recommends approval subject to the following conditions (provided in the ordinance):
• a 100 foot landscaped buffer (consisting of primarily native vegetation) along all property lines of the
property with said buffer to be installed within 90 days of annexation and zoning into the City of Fairhope.
• The finished grade of the materials deposited in the landfill shall be no higher than the centerline elevation
of State Highway 181.
• Site operations shall be limited ADEM permitted C& D (construction and demolition) landfill activities. All
operations shall comply with all standards set forth in the ADEM regulations for a C& D landfill.
Respectfully Submitted for Consideration,
Nancy Milford
Planner
Jennifer Fidler Public Workers Director explained that AMED would inspect the
landfill quarterly. In order for the proposed landfill to receive a permit the City of
Fairhope would have to sponsor the landfill. The City and the citizens of Fairhope
would dump into the landfill free of charge
Council President Gentle opened the Public Hearing at 7:21 p.m.
Rance Reel, a resident of 131 Augusta Court and developer of Stone Creek
located directly across from the proposed landfill, addressed the City
Council to speak in opposition of the proposed C & D landfill. Mr. Reel
expressed that this landfill will have a negative impact on the Stone Creek
development and the watershed.
2. Manning McPhillips, a resident of 204 Springhill Avenue, Mobile, Alabama
and former landowner for the Stone Creek development, addressed the City
Council in opposition of the C & D landfill development. Mr. McPhillips
stated that using this property as a C & D landfill would impact the ground
water and this could flow into Cow Pen Creek.
3. Frank Leatherbury, a resident of 12737 Clay City Road, inquired of the
City's regulations for landfills and opposed this site as being used as a C &
D landfill.
4. Brook DeLaney, a resident of 8876 Lakeview Drive within Fairfield Field
Place Subdivision and owner of the proposed site for the C & D landfill,
addressed the City Council to explain that turning this site into a C & D
Landfill is just an idea.
3978
23 October 2006
Mr. DeLaney stated that he did not have an interest to pursue this project. He
only presented it as an idea after learning that the City was running out of space
within its current C & D landfill. The City would have to host the proposed
landfill in order to receive a permit from the state. The site is currently being
used as a construction and demolition debris landfill that would accept non -
regulated solid waste.
Councilmember Stankoski inquired if this would put the city on the hook for any
violation? The City would have no responsibility to the degree that if anyone
else dumped illegal items into the landfill.
Mr. DeLaney explained that annexing into the City of Fairhope would make the
project more profitable.
Mr. Wynne raised concern that the current proposal from RLF could place the
City at risk of contract zoning, which by definition means a practice that permits
a property owners to enter into a written agreement with local government to
rezone with restriction set by the city for those parcels. These conditions may
not apply to other similarly zoned parcels.
5. Chason Wachter, a resident of 118 General Canby Drive, addressed the City
Council opposed the proposed C&D landfill.
6. Betty Haynes, a resident of 551 Jan Drive, addressed the City Council and
expressed that she wish that the City would not consider this request at all.
The Councilmembers inquired of Mr. DeLaney if the County could sponsor this
project. Mr. DeLaney stated yes, but he has not asked the County.
Mr. Mims stated that having this property inside the City limits the City would have
more control as to what is placed on the site.
Council President Gentle closed the public hearing at 8:05 p.m. This item will
layover for final action at the next regular City Council meeting. Council President
Gentle stated that he would allow additional comments on this topic, at the next
regular City Council meeting.
Council President Gentle stated that the City needs a list of what a C & D landfill can
accept and who regulates the landfill. Council President Gentle also inquired who is
RLF. Mr. DeLaney stated that RLF is 60% private entity (Resource Land Fund) and
40% family members, which is about 20 individuals, comprising of members of the
Cunningham family, DeLaney family and Clarence Burke. Council President Gentle
also suggested that the City Council visit the site.
3979
23 October 2006
Councilmember Quinn introduced in writing Ordinance No. 1319. An
ordinance annexing the property of Intrepid Ventures, MCI, Inc. and Fairhope Single
Tax Corporation, located at the Eastside of County Road 13, North of Fairhope
Avenue, and South of Gayfer Road, Fairhope, Alabama. Containing 19.39 acres,
more or less. 46-05-15-0-000-003.505. Magnolias Common. 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 Christenberry then moved for final
adoption of Ordinance No. 1319. Seconded by Councilmember Quinn, motion for
final adoption passed unanimously by the following vote: AYE -Quinn, Stankoski,
Christenberry, Ford and Gentle. NAY -none.
Councilmember Ford introduced in writing Ordinance No. 1320, an ordinance
annexing the property of Donald and Kathleen Gordon, located at 6952 Gordon Lane,
Fairhope, Alabama. Contains .47 acres more or less 43-09-31-0-000-020.002. 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 Christenberry then
moved for final adoption of Ordinance No. 1320. Seconded by Councilmember
Quinn, motion for final adoption passed unanimously by the following vote: AYE -
Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to further negotiate a lease
agreement between the City of Fairhope and Faulkner State Community College, for
the use of a portion of the upstairs area in the library, for the expansion of Faulkner's
Nursing program, if legal.
Councilmember Ford explained that the details will be worked out and presented to
the City Council at a later date. Council President Gentle request that
Councilmember Ford remain involved with this lease agreement, and that he
understood that the Colony would use some of the upstairs space as well.
Council President Gentle asked Mr. Wynne to look into if it is legal to lease space in
the new library being that a grant was received for building a portion of the library.
Librarian Betty Suddeth stated that any computer equipment put in the library must
be filtered, because the library could lose out on federal funding.
Council President Gentle stated that Mr. Wynne will look into the legal issues, Betty
Suddeth and Dr. John Borem should met to discuss the certain details of the
agreement, Mayor Kant is to work on the proposed agreement and communicate with
the library on this issue.
City Attorney, Marion E. Wynne exited the dais at 8:24 p.m.
MEN
23 October 2006
Councilmember Ford's motion was seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
RESOLUTION NO. 1325-06
WHEREAS, the following committee met on October 12, 2006 to discuss a possible lease
agreement between the City of Fairhope and Faulkner State Community College to lease a
portion of the second floor of the new library for the Faulkner Sate Nursing Program.
Committee Members: Michael A. Ford, City Council, Chairman
Dr. Hollis Wiseman, President of Library Board
Mac Walcott, Architect
Mr. John Borom, Faulkner State Community College
Ms. Nancy Wilson, City Treasurer
WHEREAS, the following points were discussed and generally agreed upon by all present:
FSCC would like to utilize a portion of the second floor of the new library for
Nursing Program classrooms. Mac Walcott presented a drawing of a proposed
layout, to include a nursing lab, 1 large classroom, 2 small classrooms, a
kitchen/storage area, and a larger storage room.
2. FSCC would bear all costs of construction, materials, installation, and supervision of
interior walls, ceiling, carpeting or other required flooring, cabinets, and lighting
necessary for the classrooms.
All construction and installations remain part of the Library at the end of the lease.
4. J.F. Pate & Associates Contractors, Inc., will complete the additions for the leased
areas. Invoices for payment from the Contractor and from the Architect will be paid
to the City by FSCC at the time the invoices are received by the City and faxed to the
appropriate office at FSCC by the City Treasurer.
Change Orders for the amount of each invoice, with payment attached from Faulkner
State for the amount of the Change Order will be presented to the City Council for
approval for each invoice received from the Contractor. The contractor will clearly
specify and/or separate any charges for work on this second floor -leased area from
any charges for other work performed in the library.
Retainage fees for construction on the leased area will be recorded separately from
the retainage fees for construction of the library itself.
The term of the lease will be for up to six years, with the lease term beginning at the
time of completion of construction of the subject area, and keys to the area are turned
over to Faulkner -State. The projected term beginning date is January 2, 2007. The
lease will be re -negotiable after the sixth year.
3981
23 October 2006
7. Faulkner State Community College will pay a pro-rata share of the monthly utility
bill for the Library, based on leased square footage. The drawing of the proposed
leased area indicates utilizing approximately 3,544 square feet. The utility cost is
payable in addition to and along with any monthly lease payment.
The amount of monthly lease payments to the City of Fairhope by FSCC has not yet
been determined.
9. Faulkner State Community College and the University of South Alabama will
continue their monetary support to the Library to cover the cost of personnel needed
in order to have the Library open to the public at night.
10. Faulkner State Community College will maintain liability insurance coverage for its
personnel, students, and property within the Library.
BE IT RESOLVED that Mayor Timothy M. Kant is hereby authorized to further negotiate a
lease agreement between the City of Fairhope and Faulkner State Community College, for
the use of a portion of the upstairs area in the library, for the expansion of Faulkner's
Nursing program.
Adopted This 23 Day of October 2006.
c --
t�y
M. K t, Major
Attest:
Geniece W. Johnson, City rk
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a setting certain 2006-2007 Holidays. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
3982
23 October 2006
RESOLUTION NO. 1326-06
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
THAT THE FOLLOWING 2006 - 2007 HOLIDAYS WILL BE OBSERVED BY ALL CITY
PERSONNEL EXCEPT EMERGENCY EMPLOYEES:
`Veee=w ' Davy - 9u4V, ZwwAn 10, 2006
'7"a/a ivies - %aid" & 7vcd" Zoa odm 23 & 24
&iai¢69" - X md" & %wid", V m&uda 25 & 26
Wew'�eau Davy - Nmd", �w" 1, 2007
warr& zaam Ica ' fi� - iy m4 #, paw" 15, 2007
DULY ADOPTED THIS 23`d DAY OF October , 2006.
4TimotM. K nt, M or
Attest:
Geniece W. Johnson, C'tl&k
Councilmember Ford moved to update the Reserve Police Officers List by
adding Louis Williams, Jr. and Ron Wells. Seconded by Councilmember Quinn,
motion passed unanimously by voice vote.
Councilmember Quinn moved to grant Change Order #1 to Construction
Labor Services, Inc., of Mobile, Alabama for the Utility Relocation at Bailey Creek
Bridge project on County Road 98 by increasing the contract by $23,244.00.
(Original Project approval Date 02/13/2006 for $169,779.41). Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
3983
23 October 2006
Councilmember Christenberry moved to grant the request of Baldwin County
Home Builders Association, requesting permission to put up directional signs for their
annual Parade of Homes scheduled for November 41h, 51h, and 11 `h, 121h , 2006, as long
as the signs are picked up at the end of each weekend tour. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Christenberry moved to grant the Harbor Board request to
authorize Mayor Kant to expense additional funds for repairs of the Fly Creek
Marina. A copy of the Harbor Board's request is included within the minutes.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
y10
Dear Mayor and Council,
CITY OF FAIRHOPE
HARBOR BOARD
57.,,4pc. ,Q(a ," 36533
October 18, 2006
The Harbor Board met Monday, October 16, 2006 to go over the proposed project of repairing the bulkhead
damaged by Hurricane Katrina at Fly Creek Marina.
It was the feeling of the Harbor Board that the original proposal was inadequate. The original proposal was to repair
a 50-ft. section of bulkhead using the existing bulkhead materials, which included 20-foot pilings and 16-ft. boards.
The portion of the bulkhead to be repaired was 12-14 ft. deep at the bulkhead and 15-17 ft. off of the bulkhead. The
board recommended replacing 30-feet of bulkhead using 16-ft. boards and 20-ft. pilings, which was there before the
storm. The original proposal submitted was at a cost of $17,000.00. The new proposal is to do 135-ft. of bulkhead,
which will be done using 4-in. x 8-in. stringers and 2-in. x 8-in. x 20-ft. boards. The pilings will be 30-ft x 12-14 in.
diameter and includes tie back rods, filter cloth, and backfill. That total cost of the new proposal will be $32,400.00.
We also propose to place riprap in front of the bulkhead at a cost of $3,000.00 to $5,000.00 to add to the protection
of the bulkhead and to keep this from possibly occurring again.
1 will be happy to address any further questions you may have about this project.
Thank you for this opportunity of serving the Harbor Board and the City of Fairhope.
Respectfully submitted by:
Tom Yeager,
Fairhope Harbor Board Chairman
3984
23 October 2006
CITY OF FAIRHOPE
USDA NRCS EWPP AGREEMENT NO.: 69-4101-6-27
BAY ACCESS @ WHITE AVENUE FAI-0905-04
' Hutchinson, Moore & Rauch, LLC BIDDER #1 BIDDER #2
Engineers ♦ Surveyors ♦ Land Planners BAY SOUTH LTD. JOHN G. WALTON
UNIT
PRIC UNIT
ITEM# DESCRIPTION UNIT QTY E AMOUNT PRICE AMOUNT
701 CLEARING AND GRUBBING LS 1 22,273.00 16,152.00
702 SEEDING AND MULCHING LS 1 7,737.00 9,069.00
702 EROSION CONTROL BLANKET ON ALL LS 1 4,700.00 2,048.00
DISTURBED AREAS
705 POLLUTION CONTROL LS 1 2,000.00 11,514.0
708 MOBILIZATION LS 1 10,321.00 47,805.0
715 MSE WALL LS 1 183,221.00 144,382.0
720 REPLACEMENT OF ALL DRIVEWAYS LS 1 4,483.00 12,297.0
(CONCRETE OR ASPHALT), FENCES, TREES,
BUSHES OTHER STRUCTURES THAT ARE
DISTURBED AS PART OF THIS WORK
TOTAL AMOUNT $ 234,735.00 $ 243,267.00
We hereby certify this to be a true and correct tabulation on the above
named project.
Stephen J. Delahunty, P.E.
Construction Manager
Hutchinson, Moore & Rauch, LLC
Councilmember Quinn moved to accept the low bid of Bay South, LTD,
Saraland, Alabama for the repair of the Bay Access at White Avenue provided all
specifications are met. This is an NRCS-ESPP Project, Agreement # 69-4101-6-27:
FAI 0905-04. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote. The General Operating Fund will pay for this purchase
and a portion will be reimbursed.
3985
23 October 2006
Identification: "PAD MOUNT TRANSFORMERS"
Bids open on: Oct. 5. 2006
at: 10:00 a.m.
FOUR (4) 150KVA Pad Mount Transformers
VENDOR:
MANUFACTURER:
BID AMOUNT:
OPERATING
TOTAL OWNING
DELIVERY:
COST:
COST:
STUART C. IRBY CO.
Pensacola, FL
ABB
$7,620.00
$3,682.32
$11,302.36
36-40 Weeks
HUGHES SUPPLY
CO.
Central Maloney
$9,320.00
$3,799.00
$13,119.00
16-Weeks
Pensacola, FL
Pauwels
$6,700.00
$4,856.16
$11,556.16
30-32 Weeks
Cooper Power
$7,497.00
$4,016.04
$11,513.04
30-32 Weeks
Systems
GRESCO/CAPSTONE
UTILITIES
BID RECEIVED
Dothan, AL
LATE
'UTILITY POWER,
INC.
Howard Industries
$5,792.00
$4,339.38
$10,131.38
18-20 Weeks
Fairhope, AL
MAYER ELECTRIC
Pensacola, FL
General Electric-
$6,109.16
$6,009.16
$12,176.16
22-Weeks
Prolec
It is recommended to accept the bid of UTILITY POWER, INC., Fairhope, Alabama for the BID AMOUNT of
$5,792.00 with the EVALUATING OWNING COST of $10,131.38 with all specifications being met.
Aaron Norris, Wayne Smith,
Electrical Superintendent Purchasing Agent
Councilmember Ford moved to accept the low bid of Utility Power, Inc.,
Fairhope, Alabama, provided all specifications are met for four (4) 150 KVA Pad
Mount Transformers. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
Three (3) — 300KVA Pad Mount Transformers
VENDOR:
MANUFACTURER:
BID
OPERATING
TOTAL
DELIVERY:
AMOUNT:
COST:
OWNING
COST:
STUART C. IRBY CO.
Pensacola, FL
ABB
$9,498.00
$5,476.02
$14,974.02
36-40 Weeks
HUGHES SUPPLY CO.
Pensacola, FL
Pauwels
$8,300.00
$6,285.05
$14,585.05
30-32 Weeks
Cooper Power Systems
$9,815.00
$5,279.97
$15,094.97
30-32 Weeks
GRESCO/CAPSTONE
UTILITIES
BID RECEIVED LATE
Dothan, AL
UTILITY POWER, INC.
Fairhope, AL
Howard Industries
$8,820.00
$5,693.49
$14,513.49
18-20 Weeks
MAYER ELECTRIC
Pensacola, FL
General Electric-Prolec
$8,237.50
$7,615.04
$15,852.54
22-Weeks
It is recommended to accept the bid of UTILITY POWER, INC., Fairhope, Alabama for the BID AMOUNT of
$8,820.00 with the EVALUATING OWNING COST of $14,513.49 with all specifications being met.
Aaron Norris, Wayne Smith,
Electrical Superintendent Purchasing Agent
=
23 October 2006
Councilmember Quinn moved to accept the low bid of Utility Power, Inc.,
Fairhope, Alabama, provided all specifications are met for three (3) 300 KVA Pad
Mount Transformers. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Three (3) — 500kva Pad Mount Transformers
VENDOR:
MANUFACTURER:
BID AMOUNT:
OPERATING
TOTAL OWNING
DELIVERY:
COST:
COST:
STUART C. IRBY CO.
Pensacola, FL
ABB
$12,583.00
$7,774.70
$20,357.70
36-40 Weeks
HUGHES SUPPLY CO.
Pensacola, FL
Central Maloney
$17,985.00
$7,025.90
$25,010.90
16-Weeks
Pauwels
$10,100.00
$10,292.21
$20,392.21
30-32 Weeks
Cooper Power
$12,360.00
8,223.93
$20,583.93
30-32 Weeks
Systems
GRESCO/CAPSTONE
UTILITIES
BID RECEIVED LATE
Dothan, AL
UTILITY POWER, INC.
Fairhope, AL
Howard Industries
$12,138.00
$8,936.15
$21,074.15
18-20 Weeks
MAYER ELECTRIC
Pensacola, FL
General Electric-
$10,419.00
$11,475.80
$21,894.80
22-Weeks
Prolec
It is recommended to accept the bid of STUART C. IRBY CO, Pensacola, Florida for the BID AMOUNT of
$12,583.00 with the EVALUATING OWNING COST of $20,357.70 with all specifications being met.
Aaron Norris, Wayne Smith,
Electrical Superintendent Purchasing Agent
Councilmember Christenberry moved to accept the low bid of Stuart C. Irby
Co., Pensacola, Florida, provided all specifications are met for three (3) 500 KVA
Pad Mount Transformers. Seconded by Councilmember Quinn, motion passed
unanimously by voice vote.
3987
23 October 2006
Three (3) — 750kva Pad Mount Transformers
VENDOR:
MANUFACTURER:
BID
OPERATING
TOTAL
DELIVERY:
AMOUNT:
COST:
OWNING
COST:
STUART C. IRBY CO.
Pensacola, FL
ABB
$18,752.00
$3,661.83
$22,413.83
36-40 Weeks
HUGHES SUPPLY CO.
Pensacola, FL
Central Maloney
$24,885.00
$3,817.87
$28,702.87
16-Weeks
Pauwels
$15,200.00
$4,380.11
$19,580.11
30-32 Weeks
Cooper Power
$18,600.00
$3,658.15
$22,258.15
30-32 Weeks
Systems
GRESCO/CAPSTON E
UTILITIES
-BID RECEIVED LATE
Dothan, AL
UTILITY POWER, INC.
Fairhope, AL
Howard Industries
$15,938.00
$4,602.29
$20,540.29
18-20 Weeks
MAYER ELECTRIC
Pensacola, FL
General Electric-
$13,775.00
$4,071.63
$17,846.63
22-Weeks
Prolec
It is recommended to accept the bid of MAYER ELECTRIC SUPPLY CO, Dothan, Alabama
for the BID AMOUNT of $13,775.00 with the EVALUATING OWNING COST of $17,846.63
with all specifications being met.
Aaron Norris, Wayne Smith,
Electrical Superintendent Purchasing Agent
Councilmember Quinn moved to accept the low bid of Mayer Electric Supply
Co, Dothan, Alabama, provided all specifications are met for three (3) 750 KVA Pad
Mount Transformers. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
MW
23 October 2006
Two (2) — 1000KVA Pad Mount Transformers
VENDOR:
MANUFACTURER:
BID
OPERATING
TOTAL
DELIVERY:
AMOUNT:
COST:
OWNING
COST:
STUART C. IRBY CO.
Pensacola, FL
ABB
$23,698.00
$8,303.58
$32,001.58
36-40
Weeks
HUGHES SUPPLY
CO.
Central Moloney
$36,325.00
$9,951.73
$46,276.73
16-Weeks
Pensacola, FL
Pauwels
$17,200.00
$12,452.06
$29,652.06
30-32
Weeks
Cooper Power
$22,710.00
$10,096.84
$32,806.84
Systems
30-32
Weeks
GRESCO/CAPSTONE
UTILITIES
BID RECEIVED
Dothan, AL
LATE
UTILITY POWER,
INC.
Howard Industries
$19,457.00
$10,960.74
$30,417.74
18-20
Fairhope, AL
Weeks
MAYER ELECTRIC
Pensacola, FL
General Electric-
$17,602.00
$13,644.23
$31,246.23
22-Weeks
Prolec
It is recommended to accept the bid of HUGHES SUPPLY CO, Pensacola, Florida for the
BID AMOUNT of $17,200.00 with the EVALUATING OWNING COST of $29,652.06 with all
specifications being met.
Aaron Norris,
Electrical Superintendent
Wayne Smith,
Purchasing Agent
Councilmember Ford moved to accept the low bid of Hughes Supply Co., Pensacola,
Florida, provided all specifications are met for two (2) 1000 KVA Pad Mount
Transformers. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
There being no further business to com be re the City Council the meeting
was duly adjourned at 8:40 p.m.
Ro ert C. Gentle, Council President
Geniece W. Johnson,, Jerk