HomeMy WebLinkAbout01-08-2007 Regular Meeting4034
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, 8 January 2007.
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 Marion E. Wynne, City Attorney, gave
the invocation. Councilmember Christenberry moved to approve minutes of the 18
December 2006, regular meeting. Seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
Mayor's Comments and Staff Reports:
• No comments or staff reports by Mayor Kant
Mayor Kant and Sherry Sullivan presented certificates to the Fairhope High School Cross
Country Team, the Cross Country Team rank 10`h in the state.
Mayor Kant exited the dais at 5:40 p.m.
Glen LeRoy with Gould Evans Goodman Associates, LC, Kansas City, Missouri
gave an overview of the updates to the Comprehensive Plan.
Mayor Kant returned to the dais at 5:44 p.m.
Mr. LeRoy stressed that connectivity will help with traffic issues in Fairhope, and stated
that 15 years from now the people will thank the governing body for connectivity. Mr.
LeRoy also stated that the comprehensive plan should be a living tool and should be
amended every four to five years or as needed.
The Planning Department received a recommendation to incorporate several suggestions
pertaining to trees into the Comprehensive Plan, which would amend the Comprehensive
Plan. These recommendations/suggestions will be remanded to the Planning and Zoning
Commission, and then come before the City Council.
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08 January 2007
Mr. LeRoy's reviewed his points of emphasis that City Council should work on:
• Downtown Stability
o Organize structure
o Common Market and promoters
o Physical/Policy Improvement
• Greeno Road Transportation
o Work with current owners
• Maintain Connectivity
o Reinforce the regulations
• Aggressive Annexation
o Edge property owners
Mr. LeRoy stated that the major issues for the City of Fairhope are not at the center of the
City, but at the edge of the city. Work with the property owners at the edge of the city.
Councilmember Quinn introduced in writing, a resolution of permanent operations to
amend the City of Fairhope Comprehensive Plan.
Council President Gentle opened the public hearing at 5:54 p.m.
1. Vince Valentim a resident of Fairhope addressed the City Council with concerns with the village
plan. Mr. Valentim stated that the City of Fairhope needs a plan that can get a hold of traffic and
drainage issues. He also recommends that the City Council hold off the adoption of the updates to
the Comprehensive Plan until the studies on the traffic and drainage are received.
Mr. Valentim stated that the City should hire a Compliant Officer to make sure the residential
areas are being maintained.
2. Jack Russo a resident of Quail Creek expressed that more objectives are need to obtain the goals of
the Comprehensive Plan.
Public hearing closed at 6:03 p.m.
Mr. LeRoy addressed the concerns of Mr. Russo and Mr. Valentim
• The Comprehensive plan has more objectives and the goals are within the comprehensive plan are
more detail.
• Social Economical Housing — The Comprehensive Plan never calls for the city to develop
housing, and the City does not own the land being developed.
• Infrastructure — Infrastructure is only done by capital improvement.
• Connectivity — You cannot have a village concept without connectivity, and every time you do
not mandate connectivity you take a step backwards to congestive traffic issues.
• Compliant Officer — Can only improve the plan.
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08 January 2007
• The Comprehensive Plan is drawn from a system that includes the general public, and the city is
always open to anyone's ideas.
City Council President Gentle inquired if the comprehensive plan was specific enough.
Mr. LeRoy stated that the plan is more specific then before and should be. Mr. LeRoy
further stated that you do not want a plan the list rules on everything. The plan is to point
you in the right direction.
Mr. LeRoy also stated that an annual forum should be held to see where the City stands
with the Comprehensive Plan. Make the Comprehensive Plan a living document.
In order to take immediate action Councilmember Stankoski 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 Stankoski then moved for final adoption
of Resolution No. 1339-07. Seconded by Councilmember Christenberry, motion for final
adoption passed unanimously by the following vote: AYE- AYE -Quinn, Stankoski,
Christenberry, Ford, and Gentle. NAY -none
RESOLUTION NO. 1339-07
A RESOLUTION TO AMEND AND UPDATE THE
CITY OF FAIRHOPE COMPREHENSIVE PLAN
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of Fairhope Planning Commission adopted a new Comprehensive Plan in December
2000, and:
WHEREAS, The City Council of the City of Fairhope adopted a new Comprehensive Plan in January
2001, and:
WHEREAS, This Plan engaged the public in order to extract concerns, goals, objectives, and vision that
the community held to be important, and;
WHEREAS, This Plan has been recognized across the State and the Nation as creative, unique, visionary,
and important, and;
WHEREAS, the Plan provides for updates every five years and the City of Fairhope Planning Commission
held a public hearing in July 2006 and adopted the updates in December 2006:
WHEREAS, the City Council finds that the ability of the City Planning Commission to plan properly for
the physical development of the City requires that it continue to exercise its statutory planning authority
within extraterritorial areas consistent with its five -mile subdivision authority; and
WHEREAS, the City finds that the rational planning of public utilities, whether publicly or privately
owned, is a fundamental prerequisite to the reasonable exercise of its authority to regulate the subdivision
of land within its corporate boundaries and within five miles thereof, and
WHEREAS, the City Council finds that within its five -mile subdivision jurisdiction, the planned extension
of public utilities, whether publicly or privately owned, has a direct bearing on the planning of the City; and
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08 January 2007
WHERAS, the City Council finds that the subdivision of land and the proper planning of subdivided
regions are inextricably tied to the provision of essential public facilities and services, including, water,
light, sanitation, transportation, communication, power and other public purposes; and
WHEREAS, pursuant to Sections 11-52-8, 11-52-11, and 11-52-30, inter alia, the City Council finds that
its ability to implement the policies of its adopted master plan depends on the reasonable exercise of its
authority to regulate the subdivision of land and the general location and extent of public utilities, whether
publicly or privately owned, within its boundaries and within five -miles of its corporate limits; and
THAT, the Comprehensive Plan of the City of Fairhope shall be amended in various sections as
noted by the highlighted copy of said plan as hereinafter described:
EFFECTIVE DATE: This amendment shall be in full force and effect upon its due adoption, publication,
and certification as provided by law.
Adopted this 81h D�
Attest:
..Qi✓LC�Ce"/,) Qax,
Geniece W. Johnson, City k
Councilmember Christenberry introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Kant to execute a lease
agreement between the City of Fairhope and G. Carol Bramblett for the Fly Creek Fish
Market. The lease term shall be for five (5) years, with one (1) five (5) year renewal or
extension option. Seconded by Councilmember Quinn, motion passed unanimously by
voice vote.
RESOLUTION NO. 1340-07
WHEREAS, this lease agreement is entered into between G. Carol Bramblett "Tenant" or
"Lessee" and the City of Fairhope "Landlord" or "Lessor" to lease that premises situated in
Baldwin County, Alabama, commonly known as the "Fly Creek Fish Market"; and
WHEREAS, the Lessee shall furnish and provide the following improvements, facilities and
services on the leased premises, (a) an ice machine to provide reasonably priced ice to fisherman,
crabbers and shrimpers; (b) access to tourists and guided tours of the area; (c) provide bait and
tackle to recreational fishermen; (d) refurbish the existing building in compliance with all
building codes and flood plain requirements; (e) landscape and maintain an attractive and clean
parking area; (f) bathrooms in existing structure shall at all time be open and available to the
general public, and they shall be maintained by the Lessee or her designees; and
WHEREAS, all improvements and additions required herein shall be completed within six (6)
months of the execution date hereof and thereafter all improvements, facilities and services shall
remain available to the public during the entire term of this lease and any extension thereof, and
WHEREAS, the lease shall commence on February 1, 2007 for a five (5) year term with one (1)
five (5) year renewal or extension option; and
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08 January 2007
WHEREAS, upon final termination of the lease, whether for the original term or the extended
term, Lessor shall pay to the Lessee for the approved improvements and additions, a sum equal to
the original cost or the original value of the improvements and additions, whichever is less, when
purchased or incorporated into the property, less depreciation calculated on a twenty (20) year
straight line depreciation schedule; and
WHEREAS, the Lessee shall pay two hundred dollars ($200.00) per month for rent payable
monthly in advance on the first day of each month and the Lessee shall pay to Lessor five percent
(5%) of Lessee's gross revenues, per month payable monthly, on or before the tenth (10`h) day of
each month for the previous month, if said amount is more than two hundred dollars ($200.00);
and
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that
Mayor, Timothy M. Kant is hereby authorized to execute a lease agreement between the City of
Fairhope and G. Carol Bramblett to lease that premises situated in Baldwin County, Alabama,
commonly known as the "Fly Creek Fish Market".
ADOPTED this 8`h day of January , 2006.
ATTEST:
, /f) —, 4,
Geniece W. Johnson, Cit^rk.
Councilmember Christenberry made a motion to approve an application for a
Restaurant Liquor License by Tamara Wintzell, dba Tamara's Bar and Grill, located at
210 Eastern Shore Center Highway 98, Fairhope, Alabama. Seconded by
Councilmember Ford, motion passed unanimously by voice vote
Samuel Andrews a resident of 182 Hawthorne Circle, and the President of the
Hawthorne Glenn Phase One Property Owners Associations addressed the City Council
expressing concerns about having a psychiatric hospital built next to the Hawthorne
Glenn Subdivision. Mr. Andrews requested that if the proposed psychiatric hospital is
built the City should ensure the improvement of protection, property drainage, proper
fencing, buffer, and traffic flow on Morphy Avenue.
Mr. Andrews further stated that all ordinances and codes regarding construction of this
facility should be enforced, and that the residents of Hawthorne Glenn Subdivision Phase
One are against the construction of this hospital.
Greg Mims, Planning Director explained the steps of the proposed psychiatric hospital
and stated that this issue came before the Board of Adjustment and Appeals in December
2006. The item was tabled until January 16`n
Council President Gentle thanked Mr. Andrews for his concerns.
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08 January 2007
Councilmember Stankoski introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing Mayor Kant to execute a Subgrant
Award between the City of Fairhope and Alabama Department of Economic and
Community Affairs (ADECA) for the construction of Trail at South Beach Park next to
Municipal Pier — Total Cost $100,000 the city's net cost will be $20,000. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
RESOLUTION NO. 1341-07
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute an agreement
between the City of Fairhope and Alabama Department of Economic and Community
Affairs, for the purpose of constructing a trail at the South Beach Park to tie into the
Eastern Shore Trail. This project, Eastern Shore Trail (project number 07-RT-54-003), is
funded by a grant in the amount of $80,000.00. The City shall be responsible for a cash
or in -kind match of $20,000.00.
APPROVED THIS THE 8th DAY OF January, 2007.
08 January 2007
Identification: "Tennis Courts — Construction"
Bids to be opened: Dec. 18, 2006
at: 10:00 a.m.
VENDOR:
BID PRICE.
ALTERNATE #1:
ALTERNATE #2:
CONSTRUCT/O
N TIME
COMPLETION:
Micor Inc. d/b/a
Base Tennis
MDS Construction
Court:
Fairhope, AL
$59,585.00
$17,679.00
$20,165.00
Within 6-months
With Cushion:
$96,813.00
American Tennis
Base Tennis
Courts
Court:
Mobile, AL
$65,343.00
$19,124.00
$21,664.00
Within 6-months
With Cushion:
$113,295.00
BALDWIN FENCE
NO BID
$19,422.21
$21,957.15
10-Days
CO.
Da hne, AL
Consolidated Fence
NO BID
$23,000.00
$27,000.00
30-Days
Co.
Da hne, AL
Mobile Fence Co.
NO BID
NO BID
NO BID
Mobile, AL
Bids were sent to:
Lower Brothers Co.
Birmingham, AL
Australian Courtworks, Inc.
Brandon, MS
Welch Tennis Courts, Inc.
Sun City, FL
There were no responses from any of the above companies.
It is recommended to accept the low bid of Micor, Inc., Fairhope, AL with all specifications being met.
Eddie Boyett,
Fairhope Recreation Dept.
Wayne Smith,
Purchasing Agent
Councilmember Quinn moved to accept the bid with cushion of Micor Inc. d/b/a
MDS Construction, Fairhope, Alabama, provided all specifications are met, for the
construction of the new tennis courts at Stimpson Field, located on Morphy Avenue.
Seconded by Councilmember Ford, motion passed unanimously by voice vote. This
project will be funded by a 2007 General Obligation Warrant.
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08 January 2007
Identification: "BACK HOE -ELECT DEPT"
Bids to be opened: Dec. 27, 2006
at: 10:00 a.m.
Back Hoe — Fairhope Electric Utilities
VENDOR:
MANUFACTUR
MODEL:
PRICE:
DELIVERY
ER:
TIME:
Thompson Tractor Co., Spanish Fort, AL
Caterpillar
420E
$77,629.00
4-Days
Beard Equipment Co., Mobile, AL
*SPECIFICATI
John Deere
$77,500.00
ONS NOT MET
310G
60-90 Days
Vermeer of Alabama, Mobile, AL
NO BID
Dutchman's Lawn & Garden, Foley, AL
NO
RESPONSE
Toomey Equipment Co., Theodore, AL
NO
RESPONSE
Tieco Turf & Industrial Equip., Mobile, AL
NO
RESPONSE
Tombigbee Equipment, LLC, Demopolis, AL
NO
RESPONSE
Baldwin Tractor & Equipment, Robertsdale, AL
NO
RESPONSE
It is recommended to accept the bid from Thompson Tractor Company, Spanish Fort, Alabama. Thompson Tractor
Company has met all Specifications.
Aaron Norris, Wayne Smith,
Electrical Department Purchasing Dept.
*Beard Equipment did not meet specification for the following:
Page 2: Wheelbase is 82.7 inches.
Page 3: Suction type cooling fan 90 Amp Alternator
Page 4: No glow plug, ether starting aid.
Page 5: 277 ft Lbs.
Page 6: John Deere manufactures backhoes and engines - ZF manufactures John Deere Transmissions. Not
applicable on transmission lock. Stall ratio specs not available.
Page 7: 20.5 MPH; 4 gears forward; 3 gears reverse. Power shift transmission with electric over hydraulic
shifting. Oscillation specs not available. Steering cylinder specs not available.
Page 8: Brakes do not apply on all 4wd when machine is in 2wd mode. Parking and secondary brakes are
independent of service brake system, but are self-adjusting and therefore have no need to be adjusted
from the cab.
Page 9: 37GPM
Page11: Static load specs not available for front or rear.
Page 13: Pedal is located on console.
Page 15: Not applicable on hour meter,
Page 16: No overhead stowage of rear windows. One window on each side of cab.
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08 January 2007
Page 17:
11'3" loading height. 190 degrees.
Page 18:
Not thumb ready. Not self-lubricating, no shimming.
Page 21:
Not applicable on loader arm divergence.
Page 22:
Spec needed cannot be determined from the bid.
Page 23:
4.9 seconds. No stabilizer lock valves.
Page 24:
Water separator is under the hood.
Councilmember Quinn moved to accept the bid of Thompson Tractor Company,
Spanish Fort, Alabama, provided all specifications are met, for a 420E backhoe.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. This
purchase will be funded by the Electric Operation fund.
Councilmember Christenberry moved to pay bills as presented. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
Councilmember Ford moved to add the following item to the printed agenda.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing the reimbursement of expenditures for the
New Recreation Project with 2007 General Obligation Warrant Bond Issue. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
RESOLUTION NO. 1342-07
WHEREAS, the City of Fairhope is hereby considering taking a General Obligation
Warrant Bond Issues for certain recreational projects.
WHEREAS, the following projects shall be included in the Bond Issues 2007, and all
expenditures prior to the completion of the Bond Issue process shall be reimbursed:
• New Tennis Facility to relocate to Stimpson Field--------$500,000.
Six (6) new courts, additional fencing and lights, refurbish existing
restrooms and convert to Clubhouse, parking, add various court items and equipment, sidewalks,
etc.
• New Youth Football and Cheerleading facility ---------------- $1,000,000
Various playing fields and practice fields with restrooms and concession, parking, bleachers, etc.
• Additional outdoor swimming pool at Volanta---------------------------------- $350,000.
• Recreation Center added to existing pool and Gym at Volanta----------------- $2,275,000
Additional gym with walking tack, fitness center, racquetball courts, restrooms, meeting rooms,
etc 17,000 sq. ft @ $125 = $2,125,000 plus additional parking and walkways
Projected total $ 4,125,000.
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08 January 2007
NOW BE IT RESOLVED that the City of Fairhope hereby express official intend to
reimburse any cash expenditures from the proceeds of General Obligation Warrant Bond
Issues.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor Timothy M. Kant is hereby authorized to reimburse the City
from cash expended for the New Recreation Project with Bond Issue Monies of 2007.
DULY ADOPTED THIS 8T" DAY OF January , 2007.
Attest:
iece W. Johnson,
Councilmember Quinn inquired if the skateboard park will be a part of the Recreation
project? Mayor Kant stated that bids for the skate park will be sent out and once the bids
are opened the numbers will be reviewed.
Frank Leatherbury addressed the City Council expressing that he did not know
that the residents of Hawthorne Glenn were again he proposed psychiatric hospital.
Mr. Leatherbury further stated that this project c ld be moved to Foley.
There being no further business to come of re the ity uncil the meeting was
duly adjourned at 6:41 p.m. uh
Robert C. Gentle, Council President
r
eniece W. Johnson, Cr
rk