HomeMy WebLinkAbout02-09-2015 City Council Meeting MinutesSTATE OF ALABAMA )(
COUNTY OF BALDWIN )(
The City Council, City of Fairhope , met in regular session at
6:00p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532 , on
Monday, 9 February 2015.
6676
Present were Council President Jack Burrell, Councilmembers: Rich Mueller,
Diana Brewer, Michael A. Ford , and Kevin Boone, City Attorney Marion E. Wynne,
and City Clerk Lisa A. Hanks. Mayor Timothy M. Kant was absent.
There being a quorum present , Council President Burrell called the meeting to
order. Reverend William Parsons , Pastor of Redeemer Lutheran Church , and the
Pledge of Allegiance was recited . Councilmember Brewer moved to approve minutes
of the 26 January 2015 , regular meeting ; minutes of the 26 January 2015, work
session; and minutes of the 26 January 2015 , agenda meeting. Seconded by
Councilmember Mueller, motion passed by the following voice votes: AYE -
Mueller, Brewer, Ford , and Boone. NAY-None. ABSTAIN -Burrell.
The following individual addressed the City Council during Public
Participation for Agenda Items:
1) Cecil Christenberry, 212 Jeff Davis Street, addressed the City Council regarding
Agenda Item Number 14 , a resolution authorizing Mayor Kant to execute the
agreement with the Baldwin County Board of Education regarding the City's
donation of $344 ,852 .00 . He thanked the City Council for their proactive approach
to education; and stated it was an honor to be their school board representative. He
also thanked the City Council for the supplemental funding they have provided which
is now over one million dollars . Mr. Christenberry said that Fairhope is the leader for
others to follow.
Council President Burrell said it was an honor to have Cecil Christenberry here
tonight.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 1253, adopted 27 June 2005. Councilmember Ford introduced
in writing an ordinance to rezone the property of Anez Investments , Inc. from R-A
Residential Agriculture District to B-4 Business and Professional District. This
property is generally located at 20252 State Highway 181, Fairhope, Alabama. Parcel
No. 05-46-06-14-0-000-001 .502 . 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.
6677
9 February 2015
Council President Burrell opened the Public Hearing at 6:11 p.m. No one present
opposed the proposed ordinance , the Public Hearing closed at 6:11 p.m.
Due to lack of a motion for immediate consideration , this ordinance will layover until
the February 23, 2015 City Council meeting.
A Public Hearing was held on a proposed ordinance for a Franchise
Agreement with the City of Fairhope . Councilmember Brewer introduced in writing
an ordinance to approve an Application from Glide N.E.W . LLC , d/b/a Glide the
Gulf, for a Franchise Agreement to operate Guided Segway Tours on streets and
sidewalks as specified on the attached map to agreement ; and with the tours
beginning from Emma's Bay House at 202 South Mobile Street. Council President
Burrell read the proposed ordinance .
Chuck Erickson, 416 Maria Street in Lillian , addressed the City Council and spoke on
behalf of Glide N.E.W. LLC and briefly explained the proposed tour route. He
mentioned the castle being added as a stop for the tour .
Council President Burrell opened the Public Hearing at 6:12 p.m. No one present
opposed the proposed ordinance , the Public Hearing closed at 6:12p.m.
Due to lack of a motion for immediate consideration , this ordinance will layover until
the February 23 ,2015 City Council meeting .
Councilmember Brewer introduced in wr1tmg Ordinance No . 1531, an
ordinance to amend Ordinance No. 1176 and Ordinance No. 1222 known a~ the City
of Fairhope 's Lodging Tax Ordinance ; changing the period from "30 continuous days
or more in any place" to "180 continuous days or more in any place" per the Code of
Alabama. In order to take immediate action , Councilmember Boone moved for
immediate consideration. Seconded by Councilmember Mueller, motion for
immediate consideration passed unanimously by the following voice votes: AYE -
Burrell , Mueller, Brewer, Ford , and Boone. NAY-None. Councilmember Brewer
then moved for final adoption of Ordinance No. 1531. Seconded by Councilmember
Boone , motion for final adoption passed by the following voice votes: AYE -Burrell ,
Mueller, Brewer, Ford , and Boone. NAY -None.
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution that the City of Fairhope approves the rules and
guideline for the Fairhope Municipal Tennis Courts as recommended by City Staff
and the Recreation Board. Seconded by Councilmember Ford , motion passed
unanimously by voice vote.
6678
9 February 2015
RESOLUTION NO. 2321-15
WHEREAS, the City of Fairhope is desirous to protect the health, safety, and general
welfare of the people by establishing Rules and Guidelines for Fairhope Municipal
Tennis Courts; and
WHEREAS, City staff and the Recreation Board recommend for your approval the
following Rules and Guidelines for Fairhope Municipal Tennis Courts:
1. Please limit your time to one ( 1) hour if others are waiting.
2. No skates, skateboards, or bicycles allowed on courts.
3. Please turn lights off when finished.
4. Private lessons or clinics allowed with permission of City only.
5. Proper shoes and attire required at all times.
6. Pets must be leashed and picked-up after.
NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City of Fairhope approves the rules and
guidelines for Fairhope Municipal Tennis Courts as recommended.
DULY ADOPTED THIS 9TH DAY OF FEBRUARY, 2015
Attest:
y /J;:i.L-~anks,MMC
City Clerk
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution to rescind Bid No. 010-15 for Miniature LED
Lights 2015 for the Electric Department. Seconded by Councilmember Mueller,
motion passed unanimously by voice vote.
6679
9 February 2015
RESOLUTION NO. 2322-15
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 Miniature LED
Lights 2015 for the Electric Department (Bid Number 010-15) at 555 South Section
Street in the City of Fairhope offices , Fairhope , Alabama.
[2] That Bid No. 010-15 for Miniature LED Lights 2015 for the Electric Department
is hereby rescinded at the request of the Purchasing Manager.
[3] That for logistical purposes, to acquire the needed materials by utilizing the Code
of Alabama 1975 , Section 41-16-51(b)(7).
Adopted on this 9th day ofFebruary, 2015
Attest:
~~41-'L
""' ~anks , MMC
City Clerk
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution authorizing Mayor Timothy M. Kant to execute
a Contract between the City of Fairhope and the Baldwin County Trailblazers for an
appropriation of $5 ,000.00 to support the Walking School Bus program; and
Resolution No. 2276-14 is hereb y repealed. Seconded by Councilmember Ford,
motion passed unanimousl y by voice vote.
6680
9 February 2015
RESOLUTION NO. 2323-15
WHEREAS, the City Council adopted Resolution No. 2276-14 authorizing a contract to be
executed between the City of Fairhope and the Alabama Coastal Foundation, making an
appropriation of $5,000.00 to help people shape their communities to be vigorous, healthy,
and flourishing for generations to come by implementing a model Walking School Bus
program that can positively reduce the soaring rate of childhood obesity by giving parents a
supportive solution for assisting their children with walking to school instead of taking a bus
or riding in a car.
WHEREAS, the Alabama Coastal Foundation signed an agreement with the Baldwin County
Trailblazers to have the Trailblazers lead the Walking School Bus program at Fairhope
Elementary School.
WHEREAS, the Alabama Coastal Foundation requests the City of Fairhope to disburse the
$5,000.00 funding to the Baldwin County Trailblazers and contract with them directly.
WHEREAS, the City of Fairhope is desirous to repeal Resolution No. 2276-14; and a
contract shall be executed between the City of Fairhope and the Baldwin County Trailblazers
for the appropriation of $5,000.00 for the Walking School Bus program.
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2014 and
ending 30 September 2015; but the contract shall be cancelled at any time upon notice.
WHEREAS, payment shall be made in the total amount of $5,000.00 from the Utility Funds.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA THAT Mayor Timothy M. Kant is hereby authorized to sign a contract between
the City of Fairhope and the Baldwin County Trailblazers; and Resolution No. 2276-14 is
hereby repealed.
DULY ADOPTED THIS 9TH DAY OF FEBRUARY, 2015
Attest
~k~
City Clerl<
6681
9 February 2015
Councilmember Brewer introduced in writing, and moved for the adoption of
the following resolution, a resolution to award Bid for Two (2) Single Reel Turret
Trailers (Bid No. 009-15) for the Electric Department with a cost of $35,338.00.
Seconded by Councilmember Mueller, motion passed unanimously by voice vote.
RESOLUTION NO. 2324-15
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 Two (2) Single
Reel Turret Trailers 2015 for the Electric Department (Bid Number 009-15) 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
Two (2) Single Reel Turret Trailers 2015
for the Electric Department
[3] After evaluating the bid proposals with the required bid specifications, Truck
Equipment Sales, Inc., with the total bid proposal of $35,338.00, is now awarded the
bid for Two (2) Single Reel Turret Trailers 2015 for the Electric Department.
Adopted on this 9th day ofFebruary, 2015
Attest:
9 February 2015
CITY OF FAIA110P~
TABUlATION
lifO NUMBER ; OO!l·lS
BID NAME; Two Single Reel TLIITet Triflers 2015
OPENED: 11-19-2014 2:3op.m.
BondsWiM!L --· NOn·
Ccll ~siQnJ
.Cr~posal
Emuted
/Signed f
VENDOR Notarized ·---j
-1
'
True~ Equipment Sales, Inc. yes 1
-·-····-f----
··--·
S~!'111U+ Reilly, Inc . a T~xtron Co yes
'Mi no r informality warveu .
lostructi~ns I
"---~--~
Spi!Cification
ARO Compliance aid( Sl Pr ice Total Sasc Bid
days rotu rntd Minuladurer Mode l ~r(ll Llnit $ for 2 Tr<lilers -·-'--· ~---...
1519-Si r~gle
ReeJTurrl't
98 yes Sauber Mig Co Trailer ! 17,669 .00 $ 35,338 .00 ---t-··· ------
·~--··--
120 yes Sherman+ Reflly TAT-184/EO $ 29,345.00 $ 51,6'0:...~-
.•
Recommt'l1datlon; Award to Bld to Trud. Equipment Sa les, Inc. In ltle ilmount of $3),l38.00for two units.
--=~:....=.:.'*""' ___ JLfl_Qjfa4-tf-1~~-/ ·--!LJ~.!J_
ttric Superintendent Daniel P Ames, Purchasing Man;cer
6682
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution to Purchase Portable Internet Devices and
Services for the Police Department and Building Department and the type of
equipment and serv ices needed are on the Alabama State Department of Purchasing
bid list and therefo re does not have to be let out for bid with a total annual cost
$21,594.60. Seconded by Councilmember Ford , motion passed unanimously by
voice vote.
6683
9 February 2015
RESOLUTION NO. 2325-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows :
[1] That the City of Fairhope has voted to purchase Portable Internet Devices and
Services for the Police Department and Building Department and the type of
equipment and services needed are on the Alabama State Department of Purchasing
bid list and therefore does not have to be let out for bid; and
[2] The following is the Alabama State Department of Purchasing contract
information:
Bid Number: T302
Devices and Services
(Quantity of 45)
Contract Number: 4013014
Cost is $1,799.55 per month
Total Annual Cost for is $21,594.60
Adopted on this 9th day of February, 2015
Attest:
~&LL~ VriSaA arikS: MC
City Clerk
Councilmember Boone 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 Ford, motion passed unanimously by
voice vote.
6684
9 February 2015
RESOLUTION NO. 2326-15
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 9TH DAY OF FEBRUARY, 2015
ATTEST:
~ank#d~
City Clerk
9 February 2015
lanLJary 2015
list of Oty of F<~imope Surplus. Vehlcles/EqLJipiTiellt ... tor Auction
Item 1-1998 ~-Janda Fo"'r1r-;::~;x gr~n
TRX300fW
Vin . 478TEl507WA921155
Item 2-1998 Honda For~man r~
TRX400FW
Viro. 478TE2009WA311092
ltern 3 -les~;;g rnower 72~ cut
2twa
S/N 7696790
Item 4-1-Ford Crown Victoria K-9 Kennel
Item ~ -1-Stain less Steel Freezer Box
IteM 6-1-Green Bo• holding Face Sl\ields.
Item 7 -1-Golf Cart Top
Item 8-19 Small Storage Boxes
Item 9 --4-Q.D_ Gre!!t'l Storage Box~
Item 10-Misc_ Siren EqLJipment
Item ll -4 Boxes of Back Pac:k Frarn es
Item 12-3-Fo,.d Crown Vktoria Eq'-lipment Consoles
IU1rn 13-l-Bag of Mag ligMs.
Item 14-2-Ford Crowt1 Victoriil J>;~tition!>
Item 15-1-VH51n-<:ar Video System
Item 16 - M is'-Cam E!ril equipment
Item l7-2-Vl!'hk:le Gun Raclc!;
6685
9 February 2015
Item 1B 5-ASP Training aaton Cushion~
Item 19 -l-Pol'f!!raph Ch.1ir
lt~m 20-29-Jnmate Jail Mattresses
nem 21 -3-Military G i!S Cans wit 11 No~z le:;
Item 22-1-Nni l Gur~
Item 23-Engle Engln~~ling Gen~ratnr
'f<~n m.1r Diese-l
S/N M~G-0044~ Hr.;. 198.6
Item 24-Kubota Lawn Tractor
Diesel
S/N GSlOOH
lb! m 2S. -200S. John De E!'rE!' Front Deck MOwE!'r
Diesel
S/N tc143Sd050030
Item 2£. · 2001 Gras.-; Hopp~r Mower' {92BIJ)
Diesel
S/N 5212001
lb!m 2i -lincoln 15H/P 3 Phase Air Compressot
S/N 1987336
Model Davey 1B21REDL
S/N 27127
Item lB -19S5 White Tractor Autocar (300Cummins Oiese-1)
S/N 1WAI<CCJEXGN106079
Miles 100DS7.7
Hr~. 515S.S
lt~m 29-1994 Ford-~50 4 door (DI[SH)
Vin. 1FTJW36MSREA15l07
Miles
Item 30 GenE!'rator-on Trail~r
ls.KW{WK)
5/N B212E1400
6686
9 February 2015
Item 31-1977 Gene.-ator ONAN (DIESEL)
3 KW • 10.4 AMP
SIN -KZ 00088
Item 32 -1968 Generator Eagle Engineering Corp .
3 KW (DIESEl)
SIN HA66-00443
ttem 33-3 Farm-ma!>ter gates 13.6 foot each
Item 34 -Generator on Traile.-SKW {DIESEL)
Item 35-Generator on Trail~r 3KW (GAS)
HRS> ~~S -2
Item 36-Generator on TraHer 5KW (GAS)
S/N002692
Item 37 -lg8Q Generiiltor 15 t<W (DIESEL)
Modoei113A
S/N KZQ-GG:U
ltem :IS-1,'70 Generiiltor 3 KW (OIESEU
S/N ICA68 -1350 1
ltem 39-Ja~:;obsen 22." cLJt Green Mower (Tourname.ot)
S/N 6229102751
Item 40-EZGO Golf Cart (gas) Parts
S/N 2275619
Item 41-1993 EZGO Golf Can {gas]l..ow compressioo
S/N-763752
Item 42-Blue Bird {SOD CUTTER)
ModeiSCl$
S/N 042024005
Item 43-John Deere back bucket 30"
Item <14 -Box 3 'X:i' Pipe Fi><ing St"'"''
Item 45-2 -25 gal DrLJm:s steel pipe fl>eing
Item 46-Kawasaki Mule 2500 (gas)
Model KAF620C
S/N FE48199338173
Item 47 -EZGO Battery powered
S/N Xl8754
6687
Council President Burrell stated that Item Number 3 in the agreement needs to
read "on or before December 31 , 2015 " as agreed upon in the Agenda meeting; and
the resolution does not need to be amended since the date is not specified in same.
6688
9 February 2015
Councilmember Brewer introduced in writing , and moved for the adoption of
the following resolution , a resolution authorizing Mayor Timothy M. Kant to execute
the Agreement with the Baldwin County Board of Education regarding the City 's
donation of $344 ,852.00 to the Board for use by Fairhope Public schools; and used
strictly in conformance with the "Approved List" recommended by Fairhope
Education Advisory Committee. Seconded by Councilmember Ford , motion passed
unanimously by voice vote .
RESOLUTION NO. 2327-15
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M . Kant is hereby authorized to
execute the Agreement with the Baldwin County Board of Education regarding the
City's donation of $344 ,852.00 to the Board for use in the following schools:
Fairhope Elementary, Fairhope Intermediate , Fairhope Middle , Fairhope High and J.
Larry Newton. The donated funds are to be used strictly in conformance with the
Fairhope Education Advisory Committee 's "Approved List" which is attached to the
Agreement as "Addendum A"; and with the Agreement.
Attest:
~w City C erk
Councilmember Brewer mo ved to reappoint Julia Summerlin, Bob Riggs, and
Jim Kellen to the Education Advisory Committee for a three-year term which will
expire February 2018. 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 the City Council hereby authorizes and
approves to extend the deadline to May 31 , 2015 in order for the schools to use the
remaining balances and these balances may only be spent on items and/or activities
that were approved in the original contracts for the 2013-2014 supplemental funding .
Seconded by Councilmember Boone , motion passed unanimously by voice vote.
6689
9 February 2015
RESOLUTION NO. 2328-15
WHEREAS , the City has earmarked $350 ,000 .00 (''Contribution'') of its 2013-2014
General Operations Budget for the impro vement of education in the fi ve schools; and ,
WHEREAS , on March 24 , 2014 the Fairhope City Council accepted the
recommendations of Fairhope 's Education Advisory Committee for use of
$242 ,220 .00 in the fi ve schools with the remaining balance pending further review
via Resolution No. 2204-14; and
WHEREAS , on May 27 , 2014 the Fairhope City Council has now accepted
additional recommendations of Fairhope 's Education Ad visory Committee for use of
$81 ,000.00 in three ofthe fi ve schools with a balance of$26,780.00 pending further
review via Resolution No . 2224-14; and
WHEREAS , the City Council is desirous at the recommendation of the Education
Advisory Committee to extend the deadline from September 30 , 2014 to May 31 ,
2015 in order for the schools to use the remaining balances determined by the
Education Advisory Committee and confirmed by the Baldwin County Board of
Education ; and
WHEREAS , the remaining balances may onl y be spent on items and/or activities
that were approved in the original contracts for the 2013-2014 supplemental funding.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereb y authorizes and approves to
extend the deadline to May 31 , 2015 in order for the schools to use the remaining
balances and these balances may onl y be spent on items and/or activities that were
approved in the original contracts for the 2013-2014 supplemental funding.
ADOPTED ON THIS 9TH DAY OF FEBRUARY , 2015
Attest:
City Clerk
6690
9 February 2015
City Council reviewed an application for a Non-Profit Tax Exempt License
(Alcoholic Beverage) License by Erik Cortinas , Fairhope Booster Club , Inc, for the
2015 Drawdown located at 161 North Section Street, Fairhope , Alabama on February
28, 2015. Councilmember Boone moved to approve the issuance of the license.
Seconded by Councilmember Ford , motion passed unanimously by voice vote.
Councilmember Brewer moved to adjourn the meeting. Seconded by
Councilmember Boone , motion passed unanimously by voice vote.
There being no further business to come before the City Council , the meeting
was duly adjourned at 6:25 p.m.
~rrell,C CireSi dent