HomeMy WebLinkAbout09/28/2015 City Council Meeting MinutesSTATE OF ALABAMA )(
COUNTY OF BALDWIN )(
The City Council , City ofFairhope, met in regular session at
6:00p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope , Alabama 36532 , on
Monday, 28 September 2015 .
6822
Present were Council President Jack Burrell , Councilmembers: Rich Mueller ,
Diana Brewer, Michael A. Ford , and Kevin Boone, Mayor Timothy M. Kant, City
Attorney Marion E. Wynne , and City Clerk Lisa A. Hanks .
There being a quorum present, Council President Burrell called the meeting to
order. The invocation was given by Deacon George Y eend , of St. Lawrence Catholic
Church, and the Pledge of Allegiance was recited . Councilmember Brewer moved to
approve minutes of the 14 September 2015 , regular meeting ; minutes of the 14
September 2015 , work session ; and minutes of the 14 September 2015 , agenda
meeting . Seconded by Councilmember Mueller , motion passed by the following
voice votes: AYE -Mueller, Brewer, Ford , and Boone. NAY -None. ABSTAIN -
Burrell.
Mayor Kant addressed the City Council regarding his trip to Holland ,
Michigan for America in Bloom. He mentioned one of the reasons for the City
receiving these awards was the preservation of Knoll Park and the compromise.
Jennifer Fidler addressed the City Council and stated there are multiple
categories that are looked at and rated for the American in Bloom awards : floral
displays , landscaped areas , urban forestry , environmental efforts , heritage
preservation, and overall impression. Ms. Fidler mentioned Mayor Kant received a
nomination for the Community Champion Award ; and the City of Fairhope received
the Outstanding Urban Forestry Award , the Urban Forestry Award , the Best of the
Best American in Bloom Award , and the Circle of Champions Award. We received
another Five Bloom rating which is the highe st rating.
Mayor Kant thanked the City Council and said this is a positive thing for Fairhope ;
and a big part of tourism . Councilmember Brewer requested a copy of the evaluation
that the City of Fairhope received.
The following individual spoke during Public Participation for Agenda Items:
1) Paul Ripp , 22985 High Ridge Road , addressed the City Council regarding
Agenda Item Number 7 ; an Ordinance to regulate Handbills in the City of
Fairhope; and questioned the reason for the ordinance .
6823
28 September 2015
Mayor Kant replied we have a right to enforce this ordinance and it was
researched by Mobile's legal staff. City Attorney Wynne said he had read the
ordinance but has not researched it. Council President Burrell said this is not
limiting freedom of speech.
Councilmember Brewer addressed the City Council and requested for Jane
Finger and Ann Agerton to come forward. Mayor Kant presented and read a
Proclamation commending the participation in and support for the Walking School
Bus by Fairhope Elementary School ; and the Walks to School Program.
Councilmember Ford addressed the City Council regarding the special-called
Recycling Committee meeting and to reconsider the program. He stated we need to
keep recycling.
Council President Burrell addressed the City Council and requested an update
on the Soccer Complex. Sherry Sullivan , Recreation and Community Affairs
Director, addressed the City Council and stated the Manley Soccer Complex is a
couple of weeks ahead of schedule; and in the next two weeks we should begin grass ,
irrigation lines, and lighting.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253. Councilmember Brewer introduced in writing an
ordinance to amend Article IV; Site Design Standards, Section E. Parking by adding
provisions for compact car parking requirements , low impact development ("LID")
strategies, and definitions for LID strategies. The Planning Commission gave a
favorable recommendation of this ordinance. Council President Burrell read the
proposed ordinance.
Planning Director Jonathan Smith briefly explained the proposed ordinance.
Council President Burrell opened the Public Hearing at 6:39 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:39p.m.
Due to lack of a motion for immediate consideration, this ordinance will layover until
the October 12, 2015 City Council meeting.
Councilmember Boone moved for final adoption of Ordinance No. 1548, an
ordinance to amend Zoning Ordinance No . 1253; Article III; Section D., 10. Building
Materials on Certain Commercially Zoned Property . The intent of the special
conditions is to prevent negative visual impact, provide attractiveness and
beautification and protect commercial property values . No building or portion of a
building visible from a public street or right-of-way shall be exposed metal. A fa<;ade
of some type or material shall be used to visually screen the metal from the public
street or right-of-way. (Introduced at the September 14,2015 City Council Meeting)
6824
28 September 2015
Seconded by Councilmember Mueller, motion for final adoption passed by the
following voice votes: AYE -Burrell , Mueller , Brewer, Ford , and Boone. NAY -
None.
Councilmember Boone moved for final adoption of Ordinance No. 1549, an
ordinance to regulate the Distribution of Handbills ; commercial or noncommercial.
(Introduced at the September 14 , 2015 City Council Meeting) The motion was
seconded by Councilmember Ford. Councilmember Brewer said she was concerned
that the City Attorney had not vetted this ordinance . Mayor Kant replied that it was
challenged in Mobile ; pulled to review ; and then was voted on. After further
discussion, motion for final adoption passed by the following voice votes: AYE -
Burrell , Mueller, Brewer, Ford , and Boone. NAY -None.
Councilmember Brewer introduced in writing an ordinance to establish the
Bylaws of the Fairhope Historic Preservation Committee. In order to take immediate
action , Councilmember Brewer moved for immediate consideration. Seconded by
Councilmember Mueller, motion for immediate consideration failed for lack of a
unanimous vote. This will layover until the October 12 , 2015 City Council meeting .
Councilmember Mueller introduced in writing , and moved for the adoption of
the following resolution , a resolution that Mayor Timothy M. Kant is hereby
authorized to execute a Master Rental Agreement between the City of Fairhope and
Global Rental Co., Inc. for a pressure digger auger truck for Soccer Complex lighting
for the Electric Department with an approximate cost of $8,550.00. Seconded by
Councilmember Brewer, motion passed unanimously by voice vote.
RESOLUTION NO. 2401-15
BE IT RES OLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOP E, ALABAMA , that Mayor Timothy M. Kant is hereby authorized to execute
a Master Rental Agreement between the City of Fairhope and Global Rental Co., Inc. for
a pressure digger auger truck for Soccer Complex lighting for the Electric Department.
The cost of the month long rental will be approximately $8 ,550 .00 .
Adopted on this 28th day of September, 20 15
Attest:
City Clerk
6825
28 September 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution accepting the public streets, public right-of-
ways, and all of Fairhope 's public utilities located in public right-of-ways within
Stone Creek Villas for maintenance and to authorize Mayor Timothy M. Kant to
execute the Maintenance and Guaranty Agreement between the City of Fairhope and
Smart Living , LLC. Seconded by Councilmember Ford , motion passed unanimously
by voice vote.
RESOLUTION NO. 2402-15
WHEREAS , the Owners of Stone Creek Villas 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 2530-B and 2530-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, and ;
WHEREAS , the Public Works Director has indicated that the improvements meet City
requirements, and ;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Stone Creek
Villas, financial guaranty 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 Stone
Creek Villas are hereby accepted for public maintenance subject to the bond posted; and
authorizes Mayor Timothy M . Kant to execute the Maintenance and Guaranty Agreement
between the City of Fairhope and Smart Living, LLC (the "Subdivider").
Adopted , this 28th day of September, 2015
Attest:
~~.~
City Clerk
6826
28 September 2015
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution , a resolution to award bid for a Four-Year Lease-Purchase of
Backhoe for the Water Department (Bid No. 038-15) in the amount of $99,800.28
(includes optional Purchase at end). Seconded by Councilmember Mueller, motion
passed unanimously by voice vote. Council President Burrell commented he was
glad to see that the greensheet showed that this was not budgeted, but would be in the
next year 's budget.
RESOLUTION NO. 2403-15
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 Four-Year
Lease-Purchase of Backhoe for the Water Department (Bid Number 038-15) 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
Four-Year Lease-Purchase of Backhoe for the Water Department
[3] After evaluating the bid proposals with the required bid specifications , Thompson
Tractor Company, Inc., with the total bid proposal of $99 ,800.28 (includes optional
Purchase at end), is now awarded the bid for a Four-Year Lease-Purchase of Backhoe
for the Water Department.
Adopted on this 28th day of September, 2015
Attest:
~ City Clerk
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6828
28 September 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to award bid for a Fotir-Year Lease-Purchase of
Backhoe for the Gas Department (Bid No. 035-15) in the amount of $99 ,800.28
(includes optional Purchase at end). Seconded by Councilmember Mueller, motion
passed unanimously by voice vote .
RESOLUTION NO. 2404-15
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 Four-Year
Lease-Purchase of Backhoe for the Gas Department (Bid Number 035-15) 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
Four-Year Lease-Purchase of Backhoe for the Gas Department
[3] After evaluating the bid proposals with the required bid specifications, Thompson
Tractor Company, Inc., with the total bid proposal of $99 ,800.28 (includes optional
Purchase at end), is now awarded the bid for a Four-Year Lease-Purchase of Backhoe
for the Gas Department.
Adopted on this 28th day of September, 2015
Attest:
CITYOrfAIIU<Ill'l' ··--··---· ·-··· •• ··-· ---·-··---·· IUD l.:ob .. 'L1t1a1\ olnd ~";;aC'ft"'t1l:Ji1Ui;l" BID tjUMI!ER: 03!-1~ au.> et.t-t.u:: l.,,.~.,...urd ---Btodct-..o. fa: C~t!o DM(IMr1 DID OFEII!:D: &:!pi 8, i:.')l~ -'1 ~:3'3 OIT' Nn"'; ~·d nund IA'Mt.....d Nn p-wLIIt lnliiM!iuy ·-·----· l~~~~~ .. ~d rr:'I(!I!KAI Exe~"Qed, \'Et.roOA ~I!:J'"d I N]!t.lllzoj [lr,.l.lllfi<Y .. :!.Q~l'_li tt'.:w"tl-lflreot:n'flr }:..iu<."tl OPTIDtl1 .1e m•,.-11, Lililste ~m~nc11t1 P"~'t'U•ft-":'1 ---r ··-. : I ·---1 :¥.. "'""'" ' fli'TI(JN > I I I ·~ morlh ~I$ mc:Pth lG mort.1 Urt~ln;~l End 4! ..,onl.."l A8 •rr;r.th ·CrloiuHI f:nrl :v...n.o. lit 1'111MUI1-I Tc.~lwl :tfTruru Lnl!l~<(-.Umorv.l. IU&.4'''U1tl • ~R m~;nh otlcrm U.:n:c. -:otal I Ri1~ I :P~ ~s1 F\Jr-::l·oil~t (m:HIIll."·, L..•n• ~crt,.! I Ri:llbe ! Tololl P\ . .ur:hr.~ll!'! P"J"'"" (!lr>Rf Ami. • _2rt!.!m.... ont .121'"'~ 1 (APRI ·~_.,.,1 tlmtl Opl!u• ·-. -· -· -.]· -. I ·---· . l QEill.til.i I ~ur:t"oz.'s;c 0.1!! ,, ---I ~0~5 c~•IJrpi"h•r! ~ -·, ~-<!~~--<_Z<·FliT -· ~~(}2.![?: ~3.~2.5~ V. ~ .. ! $ g,7~_1ft '> !'..')I•"Ol>fl i ~-1,~~~J~ S ~11H!i.l'!__0 _4.J!l!f 11>,.,1..1~: S.U~ ~.&'-'!6RG<I 1_3 .... _l . -1 . .. ·-·-· -· I .~~~:::J:•I·T ... !'~·ll____ .'"--l'F..id __ ..-Jl<>J!LL. '!?.Bo:_.1_tlooF,l_{ _f\"f>i'l '~,R>I! W.•A•. . t<ul_~~---~ \l>j,l~ \o!T<i-~r<r.Bd. floF.T!-j-~>IJI~ -, N~~J • ~ ,~. ''":'"' " -'"'' _..: ·~__:_ ~,. "., "w -~ '"'< ·-""To"' '"_" I _ •• , .. -1 ;;;;·,., -... ,-' ~ ·~ I ~ .. , ~ . ' Thc~•p:~r:n !rllda· Cu.,~ ?.'~·:·~·~r·.-··· ·-· ~~:::~ _ I ·--·-f-·---,---------.~:_-_· ____ ---· ___ ~-· -· =!J_~"Jiff!!l!'; •=!' .. :o H~X.f"'~ ·--I -·-. --..: . r~-l~_ ...... _r;, ~-R!'fo,.,.-"" ,-· --~----· ---· - ---·-·· --· -L .. _. -. -~--~· >ctt.:~L>'t.l.>;llo •'oR .. ,...~-. ·-_ ··-··-·-_ ·------·-. -··--·· _ • _ IT,I.C.:· ... ·~·htd.,·•Jilf·lh.: 'loR~!iC I ·-· --1--· -; __ -·--_--i-·-},l~~rr..:.~ ..,:Jl~i~"'lr4 J • j ··-·-· -r~ ·-. ::--=: __ [ ___ ~ _ _.i·--····--··--------"---··-~-~--_I __ ~ECOIA :.IEioi[}AllON: tv.•erd lh& IJio.l lo Thonol'•an Troid>or CD., In<. 1<>< 1holr 4ll l&nftth Lo•s.n Toto I BIIS Po)111cnt ol $!;1, t1!~.2B /") /} r·-ri . .l--•V f ----~-__ { __ ,.--... -~~ ~obort Rbl,.n, S~i"'rlrlondr.n1 G"" D"''l +--'i:L'&-r T<>lhe ~•l or ruy ~''""''l•<fol .. ihi• i• on""""""'" illd lobulotioo ~a:x--· 9,•/Y'rr/" Dlln iol P. Am••· Pur<:hi1!1IO!Q r•.,•~B""' N 00 (/J .g ..... (1) a 0" (1) >-1 N 0 ,_. v-. 0\ 00 N '-0
6830
28 September 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution award bid for a Three-Year Lease-Purchase of
Golf Course Mower and Utility Vehicles for the Golf Department (Bid No. 037-15) in
the amount of $265 ,424.68 (includes optional Purchase at end). Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
RESOLUTION NO. 2405-15
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 Three-Year
Lease-Purchase of Golf Course Mower and Utility Vehicles for the Golf Department
(Bid Number 037-15) 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
Three-Year Lease-Purchase of Golf Course Mower and
Utility Vehicles for the GolfDepartment
[3] After evaluating the bid proposals with the required bid specifications, Beard
Equipment Company , Inc., with the total bid proposal of $265 ,424.68 (includes
optional Purchase at end), is now awarded the bid for a Three-Year Lease-Purchase of
Golf Course Mower and Utility Vehicles for the Golf Department.
Adopted on this 28th day of September, 2015
Attest:
~N
City Clerk
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6832
28 September 2015
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution that certain items are declared surplus and the
Mayor and City Treasurer are hereby authorized and directed to dispose of personal
property owned by the City of Fairhope by receiving bids and being sold to the
highest bidder. Seconded by Councilmember Brewer, motion passed unanimously by
voice vote.
RESOLUTION NO. 2406-15
WHEREAS, the City of Fairhope , Alabama, has certain items of personal property
which are no longer needed for public or municipal purposes; and
WHEREAS , Section 11-43-56 of the Code of Alabama of 1975 authorizes the
municipal governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
FAIRHOPE, ALABAMA , AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope,
Alabama, is not needed for public or municipal purposes , and hereby declared
surplus:
[SEE ATTACHED LIST OF EQUIPMENT]
SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed
to dispose of the personal property owned by the City of Fairhope , Alabama,
described in Section 1, above , by receiving bids for such property. All such property
shall be sold to the highest bidder , provided, however, that the City Council shall
have the authority to reject all bids when , in its opinion , it deems the bids to be less
than adequate consideration for the personal property.
ADOPTED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2015
ATTEST:
28 September 2015
Item 12·199.3 Cat~rplllar BCitir; Hoe
VlN BSG01697
Modei416·B
Hrs. 8862
Item H-2005 Coitefpillar Skid Steer
VI N CA T021 !',EH RttO l708
Item 1~ 19&3 Generator Diesel 200KW
S/N Rl00085
ENG S/N 63M938
ltP,m lS-1996 Ford F-150 Pick Up
VIN 17FRX17LAXNBA7346
Mile 131,9S 7
Item 16-2.004 ford Crown Victoria (F'olice unit}
VIN 2FAFT71W848161081
Mil~ 150.598
Item 17-2004 Ford Crown Victoria (Polite un JO
VIN 2FAFTi1WlJIX1622%
Mile 115.134
ILem 1.8-1965 Cargo Trail~r 121/2 foot
VIN 6-6780
Item 19-1 Homem .. de $p~XJI Trallerllft
Item :2.0-1990 Chevrolet Pickup* nm
VIN 1GCFC24Hillll4757
Mile 232..85&
Item 21-MTD S H/P Multi·Vac
Item Jl2-ECHO 12 In S01w
S/N 001231
lt,.m 2.3.-W.<~(ket Honda motor with pum~
S/N 5847465
ACN 00666286-l
lt~m 24-Multi.Vac
Brif!BS & Str;~tton
6833
28 September 2015
Item 25 ~ STII-Ill saw 039
S/N -~llV
Item 26-1999 Ford F-150 Pickup
VIN 2FTRF17W4XCA41918
Mile 100.000+
Item 27-Stainless Steel Refr igerator small
Hem 28 -Gas grill2.4 )( 18
ltern 29-1 (one} Desk 4ft.)( 8ft.
!tern 30 -Computer parts.l (one) Box 4X4X4
Item 3-1-Box of CHRIST AMS Trees
Item ~2 -Two 12) E\Ol(es of CH R1S TMAS I ights
Item :n-Two {2} Pallets of computer parts
Item 34-Safe 3ft x 3ft :.c3ft
S/N 07-018470-80177-01
ltern 3.5 -Safe 2ft x 2ft x 2ft
Item 36-Chairs ste~dla.ble blu~ 100 t&-
ltem 3. 7 -Steel desk
Hem 38-& Office thairs
Item 3.9 -Desk steel 30 inch X 6ft
Item 40 -Desk 2ft X. 3ft
Item 41-Three (3} file Cabinets
Item 42-Two (2) wood desks
Item 43-U·Linc Rcfriger<~tor
6834
28 September 2015
ltern 44-W.W. KimaiJ Co . (fJIANO)
2~8279 206279 Paten 1895
Item 4S -1 ~om~ mode spool tr<~iler 8ft 6in
Item 46-2.002 Ford Crown Victoria
VIN lFAFP73W12X50563
Mile116525
lt ~m .H-AeratiQn Btower (1]
S/N SROD019382
Modeoi418J 60 h/p motor
H curs Sfi, 760
lt~m 4&-Ai!ration Blower (l)
S/N 503994964
Modei418J 60 h/p mC~t()r
Hours 5-2,14& ·
item 49 . Aeratkm Blower (l)
S/N 9069809
Modci418J 60 ~/p motor
~ours 42,666
Item 50-Aeration Blower (4)
5/N &119 79790
Model 418J 60 h/p motor
H¢urs 15,000
l~m 51 -Aeration Blower (5)
S/H &03973764
Modet 41~ 60 h/p motor
HQUrli> 23,.847
Item 52-Front loader Bar Streer~
Model FR120
'% hip 2.30/460
Euroori11e Model N. SF5DOT80t:4
Item 53-Husqvama SC!W
K750 14in
S/N 09 04003.07
6835
28 September 2015
Item 54-Sox of Starters and alternators
Item 55-Sox of fan Belts
Item 56-4 (FOUR) Boxes of Filters, Hose and Wheels Hub~
Item 57 -l<awasaki (PUMP}
KWT20A
Item 58-14 (fourtee-n) Bootes ot Brake Pad~, Ho~ and ~itling
ltem59 -lnf~con ED HALl331-1907 Xtract-R
A/Cf'ump
Item 60-2. (TWO I Map Racks
Item 61-John Deere Mower Deck.
Fastback Commerd;;;~l 72 i n
6836
Councilmember Boone introduced in writing , and moved for the adoption of
the following resolution , a resolution that Mayor Timothy M. Kant is hereby
authorized to execute a Contract with Music Garden , Inc . for the band known as "Fly-
by-Radio" for the New Year 's Eve Downtown Celebration (Thursday, December 31 ,
2015) with a cost not to exceed $5 ,000 .00 . Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
6837
28 September 2015
RESOLUTION NO. 2407-15
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 with
Music Garden, Inc . for the band known as "Fly-by-Radio" for the New Year's Eve
Downtown Celebration (Thursday, December 3 I , 20 15) with a cost not to exceed $5 ,000.00.
DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 2015
Attest:
~~
City Cler
Planning Director Jonathan Smith addressed the City Council to explain the
Site Plan Review of property owned by Dr. Fritz Harshberger; represented by his
agent Robert Cummings of Hutchinson, Moore & Rauch , LLC, located on the east
side of State Highway 181 , just north of Margaret Drive , at 20252 State Highway 181
for a proposed dental office ("Advanced Dental Comfort").
Councilmember Brewer moved to approve the Site Plan property owned by
Dr. Fritz Harshberger. The motion was seconded by Councilmember Boone.
Councilmember Ford commented on the recommendation by the Planning
Commission that was unanimous but contingent upon several conditions.
Councilmember Brewer moved to amend the motion listed above subject to
the recommendations made by the Planning Commission. Seconded by
Councilmember Boone , motion passed by the following votes: AYE -Burrell ,
Mueller, Brewer, Ford , and Boone. NAY-None.
At the request of the City Attorney, Marion E. Wynne, the City Council will
rise from the meeting to go into Executive Session to discuss pending litigation and
possible settlement options regarding said pending litigation. The approximate time
to be in Executive Session is 20 minutes . Councilmember Brewer moved to go into
Executive Session. Seconded by Councilmember Boone , motion passed unanimously
by voice vote .
6838
28 September 2015
Councilmember Ford left the meeting at 7:00p.m.
Exited the dais at 7:00p.m. Returned at 7:25p.m.
Council President Burrell stated they were discussing the terms of a possible
settlement and to explain the terms of the Consent Decree for the litigation. He
requested for Caine O 'Rear , Attorney with Hand Arendall, to address the City
Council regarding Case Number CV -2014-900703.
Caine O'Rear addressed the City Council and explained that the City of Fairhope vs.
Ramzy Estefan, et al case was a dispute over a right-of-way; a 25 foot right-of-way
that has been used by public for years. We have a tentative settlement agreement
with Estefan getting a 10 foot strip of area and the City of Fairhope getting a 15 foot
strip of area. A survey will be prepared and then recorded in Probate Court; and a
deed from Estefan to the City of Fairhope prepared for the right-of way. The City of
Fairhope is to pay $5 ,000.00 to Estefan and install a water meter. Mr. O'Rear said
that Estefan disputes the language in paragraph 5, so the language will be tweaked.
City Attorney Wynne read the proposed resolution :
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA , in regards to Case Number CV -2014 -900703,
that Mayor Timothy M. Kant and Legal Counsel are hereby authorized to
conclude the Settle Agreement in substantial compliance with the proposed
Consent Decree.
Councilmember Brewer moved to add on the above mentioned item not on
the printed agenda. Seconded by Councilmember Boone , motion passed unanimously
by voice vote.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution that Mayor Timothy M. Kant and Legal Counsel
are hereby authorized to conclude the settlement agreement in substantial compliance
with the proposed Consent Decree in Case Number CV-2014-900703. Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
*
*
*
6839
28 September 2015
RESOLUTION NO. 2408-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, in regards to Case Number CV-2014-900703, that Mayor
Timothy M. Kant and Legal Counsel are hereby authorized to conclude the Settle
Agreement in substantial compliance with the proposed Consent Decree.
DULY ADOPTED THIS 28TH DAY OF SEPTEMBER, 2015
Attest
The following individuals addressed the City Council during Public
Participation for Non-Agenda Items:
1) Ken Moore , 105 Woodcove Drive , addressed the City Council regarding his concerns
with the NRCS Project. He said the north end of the project still has trees hanging
down and erosion; and the project stops approximately 1 00 feet too short.
Mayor Kant replied that the engineer of record must stamp the project will work and
must comply with the grant or the City does not get reimbursed.
Jennifer Fidler, Public Works Director, addressed the City Council and said there
were two issues being resolved. We have to move the channel over to the east and an
easement will have to be granted to the City. She said the engineer of record did not
call for that end to be included in the scope of work; and said this did not need to be
done. The other issue is the channel is larger than the culvert in place.
Council President Burrell said it needed to handle upstream water flow. Mayor Kant
said the engineer needs to stamp his approval on this project.
6840
28 September 2015
Councilmember Brewer moved to adjourn the meeting. Seconded by
Councilmember Mueller, motion passed unanimously by voice vote.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:54p.m.
~~~ Lisa A. anks, MMC
City Cl rk