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Home My WebLink About07-25-2011 Regular Meeting5742 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 25 Jules. Present were Council President Lonnie L. Mixon, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Michael A. Ford, and Rick Kingrea, Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Mixon called the meeting to order. The invocation was given by City Attorney Marion E. Wynne and the Pledge of Allegiance was recited. Council President Mixon asked if there were any corrections to the minutes from the 11 July 2011, regular meeting. He then stated if there are no corrections, the minutes stand approved as written. Council President Mixon asked if there were any corrections to the minutes from the 11 May 2011, public hearing/work session. He then stated if there are no corrections, the minutes stand approved as written. Mayor Kant addressed the City Council with the following items: 1) Pedestrian Signs were taken down; Jennifer Fidler and Chief Press to get together regarding signs. 2) Garbage RFQ status was mentioned and it should go out this week. Councilmember Quinn addressed the City Council and mentioned the following items: 1) E-Coli update was requested; Mayor Kant replied we are testing for what actually is the material causing the problem and we took more samples up the gulley. He mentioned the levels were high around the Auburn property. 2) Chief Press discussed www.crimereports.com which is a website where crimes, i.e. burglaries and robberies monitors all cases on this site. The Fairhope Police Department has listed our cases since February 2011. Councilmember Ford addressed the City Council and mentioned the following item: He spoke with proprietors regarding the noise issue and everyone wants a happy ending. Councilmember Kingrea addressed the City Council and mentioned the electrical rates will increase due to the AMEA rate increase. The City Council does not have any control over this increase. 5743 25 July 2011 Public Participation: 1) Billie Carlisle, 104 North Bayview, addressed the City Council on the Ordinance regarding the Zoning Ordinance amendments, Article IV Site Design Standards, Section H. Tree Preservation. Ms. Carlisle questioned R-1 properties with regards to this ordinance. 2) Clay Adams, 117 Magnolia Avenue, addressed the City Council on the Ordinance regarding the Zoning Ordinance amendments, Article IV Site Design Standards, Section H. Tree Preservation. He recommended the Tree Preservation section and stated this amendment was not overly restrictive. A Public Hearing was held as advertised on a proposed ordinance to Amend Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing Ordinance No. 1451, an ordinance to amend Article IV Site Design Standards, Section E. Pervious Parking. . The Planning Commission decision was a favorable recommendation of this ordinance. Council President Mixon read the proposed ordinance. Council President Mixon opened the Public Hearing at 6:19 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:19 p.m. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Kingrea, motion for immediate consideration passed unanimously by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. Councilmember Stankoski moved for final adoption of Ordinance No. 1451. Seconded by Councilmember Kingrea, motion passed for final adoption by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. A Public Hearing was held as advertised on a proposed ordinance to Amend Zoning Ordinance No. 1253. Councilmember Ford introduced in writing an Ordinance to amend Article III Zoning Districts, Section A. Purpose and Intent; 10. B-1 Local Shopping District. The Planning Commission decision was a favorable recommendation of this ordinance. Council President Mixon read the proposed ordinance. Council President Mixon opened the Public Hearing at 6:21 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:21 p.m. Jonathan Smith, Planning and Building Director, explained the ordinance briefly in regards to B-1 District, Village Concept, and its limitations. 5744 25 July 2011 Due to a lack of a motion for immediate consideration, this ordinance will layover until the next City Council meeting. A Public Hearing was held as advertised on a proposed ordinance to Amend Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing an ordinance to amend Article IV Site Design Standards, Section H. Tree Preservation. The Planning Commission decision was a favorable recommendation of this ordinance. Council President Mixon read the proposed ordinance. Council President Mixon opened the Public Hearing at 6:26 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:26 p.m. Jonathan Smith, Planning and Building Director, explained the ordinance briefly in regards to Article IV Site Design Standards, Section H. Tree Preservation. In order to take immediate action Councilmember Quinn moved for immediate consideration. The motion failed for lack of a Second. This ordinance will layover until the next regular City Council meeting. Councilmember Kingrea introduced in writing, and moved for the adoption of the following resolution, a resolution approving the First Amendment of the Pole Attachment Agreement for Attachments of Fiber Optic Cables, Amplifiers, and Associated Equipment for the Distribution of Optical Communication Signals with Southern Light, L.L.C. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 5745 25 July 2011 RESOLUTION NO. 1810-11 RESOLUTION OF THE CITY OF FAIRHOPE, ALABAMA APPROVING THE FIRST AMENDMENT OF THE POLE ATTACHMENT AGREEMENT FOR ATTACHMENTS OF FIBER OPTIC CABLES, AMPLIFIERS AND ASSOCIATED EQUIPMENT FOR THE DISTRIBUTION OF OPTICAL COMMUNICATION SIGNALS WITH SOUTHERN LIGHT, LLC WHEREAS, on or about the 14th day of February, 2006 the City of Fairhope, Alabama (the "Licensor") entered into a Pole Attachment Agreement ("Agreement") with Southern Light, LLC ("Licensee") to attach its cables, wires and associated equipment to the Licensor's poles within the municipal corporate boundaries of the City; and WHEREAS, it has been more than five (5) years since rental payments set forth in Section 8 of said Agreement have been readjusted. WHEREAS, it has been requested by Licensor that all rental payments set forth in Section 8 of said Agreement be readjusted; and NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Licensor and Licensee agree as follows: Amendment Terms 1. Section 8 [Rentals], et.seq., of the Agreement is hereby amended by increasing the rental rate per pole effective January 1, 2012 from $16.50 per pole per annum to $20.00 per pole per annum. 2. Except as specifically modified herein, the Agreement shall remain in full force and effect. 3. Within thirty (30) days of the date of adoption of this Resolution, Licensee shall provide the Licensor with a signed acceptance of this Resolution in the form attached hereto and incorporated by reference. PASSED, ADOPTED AND APPROVED by the City of Fairhope, Alabama this 25th day of July 2011. ATTEST: y isa A. Nanks, MMC City Clerk 5746 25 July 2011 Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to accept the FAA Grant for rehabilitation of the South Apron and replacement of the rotary beacon and tower at the H. L. "Sonny" Callahan Airport. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1811-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY TO ENTER INTO A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE BENEFIT OF FAIRHOPE AIRPORT AUTHORITY AND THE FAIRHOPE AIRPORT WHEREAS, the United States of America acting through the Federal Aviation Administration has offered to pay a maximum of $586,276.00 for rehabilitation of the South Apron and replacement of the rotary beacon and tower at the H.L. ["Sonny"] Callahan Airport in Fairhope, being project number 3-01-0029-013-2011; and WHEREAS, the purpose of this grant is that the Federal Aviation Administration pay a 95% share of the allowable costs incurred in accomplishing said project; and WHEREAS, this offer of the Federal Aviation Administration is contingent upon acceptance of the grant in accordance with its terms, namely and including, among others, the "Terms and Conditions of Accepting Airport Improvement Program Grants" dated December 15, 2009; and WHEREAS, the grant application was originally processed with the recipient to be the City of Fairhope, Alabama; and WHEREAS, during the pendency of the processing of the grant, the City of Fairhope has fully cooperated in the creation of a new entity to own and control the H.L. ["Sonny"] Callahan Airport in Fairhope by the newly -created Fairhope Airport Authority; and WHEREAS, the transferring of the properties and assets and liabilities concerning the H.L. ["Sonny"] Callahan Airport in Fairhope is still to some extent in progress; and WHEREAS, the Federal Aviation administration retains the right to approve any such transfer from the City to the Airport Authority of such assets and liabilities of and pertaining to an airport such as H.L. ["Sonny"] Callahan Airport in Fairhope which has received and retained grant money or assets from the Federal Aviation administration; and 5747 25 July 2011 WHEREAS, the process of getting approval of the transfer from the Federal Aviation Administration is still ongoing and is not completed; and WHEREAS, the deadline date for the receipt of the grant from the Federal Aviation Administration is almost upon us; and WHEREAS, some intermediate solution to these problems is in the best interests of all concerned; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City, in a regular meeting of the City Council, that the Mayor be and he is hereby authorized to sign and execute any necessary and appropriate documents so that the City can receive the grant during this interim period, acting for and in behalf of the H.L. ["Sonny"] Callahan Airport in Fairhope and Fairhope Airport Authority as Sponsor, so that pending and during the period when the Federal Aviation Administration is approves the transfer of the airport and the grants and liabilities concerning the airport, this grant is not lost unnecessarily but is, instead, accepted in accordance with applicable law and procedures. Adopted this the 25th day of Jam, 2011 ATTEST: Lei sa A. auks, MC City Clerk Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a Contract for Professional Consulting Services for Research and Processing Grants with The Premier Grants Consulting, LLC. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 5748 25 July 2011 RESOLUTION NO. 1812-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a Contract for Professional Consulting Services for Researching and Processing Grants with The Premier Grants Consulting, LLC (PS012-11), beginning October 1, 2012, with a cost not to exceed $24,000.00 per year. DULY ADOPTED THIS 25TH DAY OF JULY 2011 M. Kant, Mayor Attest: isa A. Flaiiks, MMC City Clerk Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution to reject all bids for Bid No. 021-11 and authorize rebid. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. RESOLUTION NO. 1813-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1 ] That the City of Fairhope did request, receive, and open bids for Fairway Mower and Infield Drag Machine (Bid Number 021-11) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: 5749 25 July 2011 Please see attached Bid Tabulation for Fairway Mower and Infield Drag Machine [3] After evaluating the bid proposals with the required bid specifications, only one bid met all specifications and that bid was substantially high; and we request that all bids be rejected for Bid No. 02 1 -11 and authorize rebid. Attest: Lisa A. nks, MMC City Clerk Adopted on this 25th day of July, 2011 nlw.rxwTux Cwu.im EP �I � uba«nr I gel; � 4M.�ouwy +I 0..wry YW Y.nnr PVlCw4! YOxTx iFlwlU«. �IYwC� TNw.lY•I q —T 1FMF PF! « Ylwroi. Ep�x. SgruF� +^ .uPNx! !Pawn.« FOlwF.: VFN[M)x5: _ ._.. N.WN I Y+YP __. ._ �M _ ?P•uEcww• TO1Ali 110MM .�'^iuln9 .W _._ fi«N EY. P cny.nY 1•w .. _.Y.. +� y. +nM 0..r. — � ' roW _ w nn la row ww n.w ! row -- n. EM imm.y nw row roop Gdl vwiw.lv.+i Y.• y.• 550ry� —� .+ew.w tf S7«il{� L._ {S{,NIY i_+i1315;{ {{.SII.«5 ,«. y.+ xe uai 5 cwnm,na—'�`CI is Ya py. N. b.n+rcunl.WT.WI.wn iwlnn,.wwN..�Fww.wn �,�,� cCl:` ./�'/'.._ P � ,x, z•+i 5750 25 July 2011 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution to reject all bids for Bid No. 011-11 and authorize Mayor Kant to negotiate a contract. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 18.14-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1 ] That the City of Fairhope did request, receive, and open bids for 2011 Fairhope Paving Projects for the Public Works Department (Bid Number 011-11) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for 2011 Fairhope Paving Projects for the Public Works Department [3] After evaluating the bid proposals with the required bid specifications, only one bidder responded and we request that all bids be rejected for Bid No. 011-11; and to allow Mayor Timothy M. Kant to negotiate a contract as allowed by Code of Alabama 1975, Section 29-2-6(b). Adopted on this 25th day of July, 2011 Attest: -, e �—' / &- �' � isa A. Hanks, MMC City Clerk 5751 25 July 2011 FairLoua RIP-9 P,) ..W. AxVnal+Lornpany Bw No. 011 11, Prgacl No. P W W2.111 Buna29. 2011.]'.e0,--pa Pu011c Wo BWI01119 0 TaLIUMn°n P.O. Boa 0D02)9 >fobxa. AL 1 llcama A, I1229 21 Pem I WD PART 'A' Tww -PAp rol m. arpnwll an f ai] PLw,5626a 191 T'A' T—B.P A'la.ri reel m. 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J] S 22,020 a9 S x5.D19.50 Ga ar AvaMa un Fa4 Arwara bh �) f +5.2ed 00 f Ifi.]1500 Mww Avenw avl p— f 10.%f ro s +, 131 50 mn slobs. Wit I f 9,)0240 f 10.39500 pansfmb Averxw ldn porlml f ta,00 S I ONS,SB290 f 1DOSB 31 S 12 e1B.50 TOTK { B1,BN.20 f 66,3]P.m Caa r A.anpa an aN A wba n0 BIU NO &O Mllbr Avcrrr fxl parWn NO BID NO No Nrnn Mmua tart ionl NO BIU NO BID oY Arwwa foul portion NO BID NO BID LaBID NO WO TOM NOeID No alo 5752 25 July 2011 ____..._...._�� Secl,Pn buM Ba 0. I.YcmauNace NO blO Nelureruuon NO bq Benvallww.INOTE Pvxn m Lb ape d Mreel re eaaAEep n. sl NO NOW f 65aiN NO BIO E0ur0 51 NO BID f Di650 w. Ibaam St to Brsrw Aw No eb] NO &0 nD uo NO BN w IBanrmB ww Ip baba b1 ue NO GD S 1 >M W Bna NO&J NO BID bawd beArMapN Aw bFrrlbpeAw.) NO BID NO Wn bawd bl IFalmop AwbBanom&) NO BIJ f 2412.1D s. summl bl (sl. James Are to M NO BID S ] 122 gp s bummlbl Ilf�arnarla LarwbSMISt.Aw S ]LBI 55 CM+oI sl NO... BIO ! 190W 55 BI. Jamee Ave rail BlU f 2].39105 ti (NarworANO Cdpnul pna. WaLu Ian IX. Cnr CL) NO NU NOWD i 2923 ]0 S bade 51 ICN a Ip Naua Ave 1 lad bl INwnwa Ave IO Far Aye) NO tl1D 15,9e965 S I9 M, 25 I band sl IFaulloPa Aw to Ga er A-2,BJB.. NO BrO f MbOle sl 1 KK sl. to Y $1 NO BID f 9.3 tl5 MbpIn 51. Melallh la 511 NO tll0 s e6NJ 55 Panu bl WNntl TTee Oabn shop nu NID f 2,. B5 Parxln M 5ernb Mbamt Lp0 a aerac Onve NO tlID NO BIU NO BID NO BID Bay Breese Lwe NO BID NO BIO Peran Ave NO BID S 1.523 BS Nonpn Lane NO B10 S 15.YD3a5 NO BID f ]02055 PnureslnLane Ht]BID S ]2]a! Ora a F. Ave Av No BID NO BID S0 f 4.1 S 9-20 pier Aw Nakmann NO MO NO 010 S 1].52995 3 D,ib BS Lila NU BIO f 6,356.55 WN M Ave HCld. qw NU BIU f 12.193u G—qw Ho BUJ NO BID S S.iN YS f 2aB.2J FeN Ave NO BID f 15,BDB.tlS BI NOtlID S h.01Y )0 C�A 51 �u�91 nu bNJ L 12 Y101! 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R.,�U�J Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution to award bid for a Golf Course Mower and Equipment Four -Year Lease/Purchase for the Quail Creek Golf Course (Bid No. 023- 11). Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. RESOLUTION NO. 1815-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for a Golf Course Mower and Equipment Four -Year Lease/Purchase for the Quail Creek Golf Course (Bid Number 023-11) at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for a Golf Course Mower and Equipment Four -Year Lease/Purchase for the Quail Creek Golf Course 5754 25 July 2011 [3] After evaluating the bid proposals with the required bid specifications, Beard Equipment Company, with the total bid proposal of $202,094.32, is now awarded the bid for a Golf Course Mower and Equipment Four -Year Lease/Purchase for the Quail Creek Golf Course. Attest: isg"A.'anks, MMC City Clerk Adopted on this 25th d I — d of July, 2011 y M. ...... ... L_ vo -4 7- 5755 25 July 2011 Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council directs and allows the Magistrates and Chief of Police access to the City Attorney at any time in the performance of their City duties without prior approval, but will notify the Mayor and the City Administrator as soon as practical after the fact. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1816-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council directs and allows the Magistrates and Chief of Police access to the City Attorney at any time in the performance of their City duties without prior approval, but will notify the Mayor and the City Administrator as soon as practical after the fact. Adopted on this 25th day of July, 2011 Attest: Lisa A. n s, M C City Cler Councilmember Stankoski moved for final adoption of Ordinance No.1453, an ordinance to adopt a False Alarm Ordinance and Repeal Ordinance No. 1335. (Introduced at the July 11, 2011 City Council Meeting) Councilmember Kingrea seconded the motion for final adoption. Councilmember Kingrea moved to amend the False Alarm Ordinance by adding the effective date to read "This ordinance shall take effect January 1, 2012 and upon its due adoption and publication as required by law." Seconded by Councilmember Quinn, motion passed unanimously by voice vote. After further discussion, motion for final adoption passed unanimously, as amended, by the following votes: AYE — Quinn, Stankoski, Mixon, Ford, and Kingrea. NAY - None. 5756 25 July 2011 Jonathan Smith, City Planner, addressed the City Council to explain the Site Plan Review of property owned by Mike Bernhardt which is located at the west side of Section Street, just north of Morphy Avenue, Fairlope, Alabama for a proposed Mixed Use Building. Councilmember Kingrea moved to approve the Site Plan property owned by Mike Bernhardt listed above. The motion was seconded by Councilmember Ford. Councilmember Kingrea mentioned receiving letters raising objections to the Site Plan. Mr. Smith explained there is an abundance of parking. Councilmember Quinn mentioned there must be off-street parking, loading and unloading in two spots; and said this is one way to get around the rules. After further discussion, the motion for approve the Site Plan passed by the following votes: AYE — Stankoski, Mixon, and Kingrea. NAY — Quinn and Ford. City Council reviewed an application for a Restaurant Liquor License by Adam Hwang, Hwang's Holding, LLC, d/b/a Tokyo Japanese Restaurant, located at 94 Plantation Pointe, Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. At the request of the City Attorney, Marion E. Wynne, the City Council will rise from the meeting to go into Executive Session based on Section 36-25A-7(a)(3) to discuss the legal ramifications of and legal options for pending litigation; and controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. The approximate time to be in Executive Session is 30 minutes. Councilmember Kingrea moved to go into Executive Session. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Exited the dais at 6:52 p.m. Returned at 7:29 p.m. Councilmember Quinn moved to address the following item not on the printed agenda. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Councilmember Kingrea introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to settle the case involving Augusta Court. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 5757 25 July 2011 RESOLUTION NO. 1817-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to settle the case regarding Augusta Court. Adopted on this 25th day of July 2011 Attest: i isa A. nks, M C Cil Councilmember Ford moved to address the following item not on the printed agenda. Seconded by Councilmember Kingrea, motion passed unanimously by voice vote. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing the City of Fairhope to run the water line on Bishop Road to the Groves at Point Clear Subdivision. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1818-11 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope is hereby authorized to run the water line on Bishop Road to the Groves at Point Clear subdivision. Adopted on this 25th day of July 2011 Attest: sa A. nks, M C City Cler 5758 25 July 2011 There being no further business to come before the City Council, the meeting was duly adjourned at 7:31 p.m. Lonnie L. Mixon, Council President ��s A. auks, MC City Cl rk