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HomeMy WebLinkAbout09-22-2014 City Council Meeting MinutesSTATE 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, 22 September 2014. 6572 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 City Attorney Wynne and the Pledge of Allegiance was recited. Councilmember Brewer moved to approve minutes of the 8 September 2014, regular meeting ; minutes of the 8 September 2014, work session; and minutes of the 8 September 2014 , agenda meeting. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Mayor Kant addressed the City Council and thanked everyone for the Coastal Clean-up which was approximately 4-112 tons off of Fairhope beaches. Rob Gilpin, citizen of Fairhope and member of the Fairhope Recreation Center, addressed the City Council regarding Juana Murray, employee at the Recreation Center. Mr. Gilpin explained that on September 4 , 2014 he never knew he was driving to his death at 7 :20 a .m . He thanked the City of Fairhope for having AEDs in their buildings . He is here today due to three things: taking a baby aspirin every day, the Recreation Center having AEDs , and for Juana Murray being there and knowing what to do. Mr. Gilpin said he now has an "Angel" for life. Mayor Kant then presented Juana Murray with a plaque from the City of Fairhope for her act of heroism by using her CPR and AED skills at the Recreation Center. Council President Burrell recognized Boy Scout Peyton Beaver who was in the audience working on his Communications Badge. The following individuals addressed the City Council during Public Participation for Agenda Items: 1) Anne Nix, 415 Myrtle Avenue, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee . Ms. Nix said the City Council needs to take over the Park . She is in favor of the two resolutions . 6573 22 September 20 14 2) Mike Shelton, 401 Yupon Avenue, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. Mr. Shelton said the Park is a conservation and restoration project. This habitat is an environmental issue; and we should move forward as it currently is with the process. He is not in favor of the two resolutions. 3) Patrick Waldrop, 20900 Lowery Drive, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. The plan as presented will need protection for flowers and brush; and native plants need water. The plan is okay, we just need to change the type of flowers. He urged the City Council to reconsider the plant selection. 4) Anil Vira, 701 South Mobile Street, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee . Mr. Vira said he wants the Park to look like the rest of Fairhope. He is in favor of the two resolutions. 5) Bobby Green, 415 Maple Street, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. Mr. Green said the plan designed by Joe Comer is only a draft. We need to look at alternative plants and the placement of the plants. He said it needs fire to promote growth of the Park. He is not in favor of the two resolutions. 6) Fred Nation, 120 Ravenwood Circle, Daphne, Alabama, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. Mr. Nation said this is a diverse habitat. He said we rush to judgment, rush to vote on plan that is not right; and rush to get rid of a Committee that wants to help . Mr . Nation said he hopes the City Council doesn't let the Park slip away. He is not in favor of the two resolutions. 7) David Powell, 10928 Sky lane, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. He told the City Council about his son being at Knoll Park recently and ran into an artist painting the trees. She told his son this is a great stand of trees which we do not have in Boston. Mr. Powell requested that the City Council leave the Park the way it is now . He is not in favor of the two resolutions. 8) Rick Hall, 514 Third Street, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. Mr. Hall said the Park needs to look good and it does not. He is in support of the City Council takings care of the Park situation. He is in favor of the two resolutions. 9) David Dyson, 751 Prospect Avenue, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee . Mr. Dyson mentioned that the wiregrass has been reestablished on the site which is very rare to do . There has been great progress that the public is not aware of. He said the ornamental and native plants need to complement each other. He is not in favor of the two resolutions . 6574 22 September 2014 1 0) Debra Green , 415 Maple Street, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. She said the Park is one of the greatest gifts Mother Nature has given us . She said if Knoll Park was somewhere else , we would not have these issues. We need to hold off and get the people who don 't like it to give their opinions. Sh6 is not in favor of the two resolutions. 11) Linda Gibson , 10928 Covey Drive , addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. Ms. Gibson said she is a member of the Wisteria Garden Club and have worked on the Park. If we work together, we can put items in there that will grow and last. She is not in favor of the two resolutions . 12) Bob Clark, 381 Pecan Avenue, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. He commented that not only snowbirds , but citizens are asking about the Park and its condition . He is in favor of the two resolutions. 13) Mae Moss Parker, 695 Belangee, addressed the City Council regarding Agenda Items Number 11 and Number 12 regarding Knoll Park and the Knoll Park Committee. Ms. Parker appealed to the City Council to keep the Committee intact and try to work out this issue ; and to please allow them to do more work. She is not in favor of the two resolutions . Councilmember Boone addressed the City Council and said he would be abstaining on Agenda Items Number 5 and Number 6 due to his company being involved in both subdivisions. Council President Burrell addressed the City Council and thanked the Councilmembers, Mayor Kant , City Treasurer Nancy Wilson, and Finance Director Jill Cabaniss for their work with the budget. He announced there would be a Special- Called City Council meeting next Monday at 5:30p.m. 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 Sedgefield Subdivision, Phase 3, for maintenance ; and authorizes Mayor Timothy M. Kant to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Sedgefield-Fairhope, LLC. The motion was seconded by Councilmember Mueller. Planning Director Jonathan Smith addressed the City Council and explained Agenda Items Number 5 and Number 6. Council President Burrell questioned retention ponds and maintenance. Mr. Smith replied that the property owner associations and developers must maintain the ponds. After further discussion, motion passed by the following voice votes: AYE -Burrell , Mueller, Brewer, and Ford . NAY -None. ABSTAIN-Boone. 6575 22 September 20 14 RESOLUTION NO. 2260-14 WHEREAS, the Owners of Sedgefield , Phase 3 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 2513-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 Sedgefield, Phase 3, maintenance bonds for the public improvements constructed for a period of2 years , and ; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Sedgefield, Phase 3 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 Sedgefield-Fairhope, LLC (the "Subdivider"). Adopted , this 22nd day of September, 2014 Attest: ~ i A. s, c City Clerk Councilmember Brewer introduced in writing, and moved for the adoption of the following resolution , a resolution accepting all of Fairhope's public utilities located in public right-of-ways within Villas at Point Clear for maintenance; and authorizes Mayor Timothy M. Kant to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Villas at Point Clear Development Company , LLC . Seconded by Councilmember Mueller, motion passed by the following voice votes : AYE -Burrell, Mueller, Brewer, and Ford. NAY-None. ABSTAIN -Boone. 6576 22 September 2014 RESOLUTION NO. 2261-14 WHEREAS, the Owners of Villas at Point Clear desire to have all public utilities dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2511-A, 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 Water and Sewer Superintendent has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners ofVillas at Point Clear, maintenance bonds 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 Villas at Point Clear 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 Villas at Point Clear Development Company, LLC (the "Subdivider"). Adopted , this 22nd day of September, 2014 Attest: ~~ City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection of Thompson Engineering, Inc., as the City's Consultant for RFQ No. PS017-14, Comprehensive Plan Update 2014; and hereby authorizes Mayor Timothy M. Kant to negotiate the fee schedule. The motion was seconded by Councilmember Mueller. 6577 22 September 2014 Council President Burrell commented that the Planning Commission recommended the Thompson Engineering Team by an eight to one vote; and said he was the one vote. Council President Burrell said he felt one of the other teams did a better presentation; and suggested to Thompson Engineering representatives in the audience not to use "You know us , we are local , so select us " in the future . Council President Burrell did state that the ranking of the top two teams was very close. After further discussion, motion passed unanimously by voice vote. RESOLUTION NO. 2262-14 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection of Thompson Engineering , Inc ., as the City's Consultant for RFQ No. PS017-14 , Comprehensive Plan Update 2014 ; and hereby authorizes Mayor Timothy M. Kant to negotiate the fee schedule. Adopted on this 22nd day of September, 2014 Attest: Councilmember Brewer introduced in writing , and moved for the adoption of the following resolution, a resolution that the City Council approves the selection of Barry A. Vittor and Associates , Inc. for Professional Consulting Services for Discharge information (DIZ) Evaluation 2014 (RFQ No. PS020-14); and hereby authorizes Mayor Timothy M. Kant to negotiate the fee Schedule ; and that if the fee schedule is in-line with past evaluations at less than $20,000.00; then the City Council authorizes Mayor Timothy M. Kant to execute the associated contract. Seconded by Councilmember Mueller, motion passed unanimously by voice vote. 6578 22 September 2014 RESOLUTION NO. 2263-14 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council approves the selection of Barry A. Vittor and Associates, Inc. for Professional Consulting Services for Discharge information (DIZ) Evaluation 2014 (RFQ No. PS020-14); and hereby authorizes Mayor Timothy M. Kant to negotiate the fee schedule. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that if the fee schedule is in-line with past evaluations at less than $20,000.00; then the City Council authorizes Mayor Timothy M. Kant to execute the associated contract. DULY ADOPTED THIS 22ND DAY OF SEPTEMBER, 2014 Attest: ~ City Clerk Councilmember Brewer 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 Volkert, Inc. as Design Engineer of Record for RFQ No. PS018-14, Design Engineering Services for U.S. 98 and AL 104 Multi-Use Path; (Project No. PW010-14); with a cost not to exceed $64,271.00. Seconded by Councilmember Mueller, motion passed unanimously by voice vote. * * 6579 22 September 2014 RESOLUTION NO. 2264-14 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 Volkert, Inc. as Design Engineer of Record for RFQ No. PS018-14, Design Engineering Services for U.S. 98 and AL 104 Multi-Use Path; (Project No. PW010-14); with a cost not to exceed $64,271.00. Adopted on this 22nd day of September, 2014 Attest: a}:; ;I~ City Clerk Councilmember Boone moved to grant the request of Teddy J. Faust, Jr., Fairhope Sunset Rotary Club Charity , Inc., approval of the 2014 Oktoberfest on October 25, 2014 for use Fairhope Stadium Grounds located on the Northeast Comer of 701 Volanta Avenue from 4:00 p.m. until 10:00 p.m. and approval to allow alcohol on City property. Seconded by Councilmember Brewer, motion passed unanimously by voice vote. Council President Burrell stated that the City Council typically has a motion and second before discussion on an agenda item. However, we can discuss prior to the motion if Council desires. He commented we have had quite a few speakers tonight on the Knoll Park issue and had a special council meeting dedicated to this subject. Councilmember Boone said he wanted the Park moved in a positive direction and right now it looks awful. We need to make a change. Councilmember Mueller said he wanted the resolution reworded to read: "the Public Works Director is hereby authorized to oversee and maintain an approved plan for Knoll Park" instead of oversee and maintain the approved plan. 6580 22 September 2014 Councilmember Brewer stated we have previously heard similar pleas from experts and thought we were moving in the right direction ; and the compromise was to select plants to complement the long leaf pine forest. She said we did not allow the Knoll Park Committee restore the Park; and hoped we truly would reach a compromise. Council President Burrell said he thought the plan was good , but now not so sure after what has been presented. The flowers , plan, and irrigation system for the Park were questioned as to whether or not budgeted . Ms. Fidler replied that $36 ,000 has been budgeted and all were included. Council President Burrell also questioned if the City oversees and maintains the Park would burning be allowed , since we have heard experts after experts state that burning is necessary and is a key component for the long leaf pine restoration. He said Mr. Waldrop put off burning 14 times to avoid smoke going in the wrong direction. Councilmember Boone stated this is the wrong place to burn in downtown Fairhope. The Council commented that had not seen the maintenance plan; and Bobby Green said at the June 11, 2014 meeting , the Knoll Park Committee unanimously voted for the maintenance plan and Councilmember Ford was given the plan to present to the Council. Everyone agreed the plan was close to what they wanted, but they needed to approve the maintenance plan. Patrick Waldrop , David Dyson, and Fred Nation all stated that flre is the best way to restore the long leaf pine habitat. Council President Burrell asked the City Council if he could be heard and passed the gavel to Council President Pro Tempore Ford to preside over the meeting. Council President Burrell stated he wanted to amend the resolution to read : that the landscape plan for Knoll Park designed by Joe Comer is approved and adopted subject to Public Works Director given discretion to speciflc plants to be used ; and the Public Works Director is hereby authorized to oversee and maintain the Park subject to the Maintenance Plan adopted by the Knoll Park Committee on June 11 , 2014 . Council President Burrell moved to amend the resolution to read: that the landscape plan for Knoll Park designed by Joe Comer is approved and adopted subject to Public Works Director given discretion to speciflc plants to be used; and the Public Works Director is hereby authorized to oversee and maintain the Park subject to the Maintenance Plan adopted by the Knoll Park Committee on June 11 , 2014 . Seconded by Councilmember Brewer, motion passed unanimously by voice vote. Council President Burrell then moved for the adoption of the following resolution for Koll Park as amended . Seconded by Councilmember Brewer, motion passed unanimously by voice vote. 6581 22 September 2014 RESOLUTION NO. 2265-14 WHEREAS, the City Council desires to approve and adopt the landscape plan for Knoll Park designed by Joe Comer subject to Public Works Director given discretion to specific plants to be used ; and WHEREAS, the Public Works Director is hereby authorized to oversee and maintain the Park subject to the Maintenance Plan adopted by the Knoll Park Committee on June 11 , 2014. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the landscape plan for Knoll Park is approved and adopted subject to Public Works Director given discretion to specific plants to be used; and the Public Works Director is hereby authorized to oversee and maintain the Park subject to the Maintenance Plan adopted by the Knoll Park Committee on June 11 , 2014. Adopted on this 22nd day of September, 2014 Attest: ~ City Clerk Councilmember Boone introduced in writing , and moved for the adoption of the following resolution, a resolution that Resolution No. 2183-14 , Resolution No. 2211-14 , and Resolution No . 2251-14 are hereby repealed which dissolves the establishment of the Knoll Park Committee. The motion was seconded by Councilmember Mueller. Council President Burrell commented this would be a bad move and the Committee should implement this project. Councilmember Boone replied no other park has a committee. Councilmember Ford said he would go with the resolution. Councilmember Brewer commented that no other park has a long leaf pine habitat ; and the citizens need to be a part of the community who volunteer to help . After further discussion, motion passed by the following voice votes : AYE - Mueller, Ford , and Boone. NAY -Burrell and Brewer. 6582 22 September 2014 RESOLUTION NO. 2266-14 WHEREAS, the City Council adopted Resolution No. 2183-14 on February 24, 2014; Resolution No. 2211-14 on April 24, 2014; and Resolution No. 2251-14 on August 11, 2014 that established the Knoll Park Committee and its rules and Mission Statement; and WHEREAS, the City Council hereby desires to repeal the above resolutions which will dissolve the establishment of the Knoll Park Committee; and NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Resolution No. 2183-14 , Resolution No. 2211-14, and Resolution No . 2251-14 are hereby repealed. Adopted on this 22nd day of September, 2014 Attest: ~ City Clerk City Council reviewed an application for Application for a Non-Profit Tax Exempt License by Fairhope Sunset Rotary Club Charity, Inc., by Teddy J. Faust, Jr., for the 2014 Oktoberfest on October 25, 2014 for use Fairhope Stadium Grounds located on the Northeast Comer of 701 Volanta Avenue from 4:00 p.m. until 10:00 p.m. Councilmember Boone moved to approve the issuance of the license. Seconded by Councilmember Mueller, motion passed unanimously by voice vote. City Council reviewed an application for Application for a Non-Profit Tax Exempt License by Point Clear Charities, Inc., by Travis Goodloe, Jr., for the 2014 Polo at the Point on October 18 , 2014 located at 7883 County Road 32, Point Clear, Alabama. Councilmember Mueller moved to approve the issuance of the license. Seconded by Councilmember Brewer, motion passed unanimously by voice vote. 6583 22 September 20 14 Councilmember Brewer moved to approve charge-off of Miscellaneous Accounts Receivables prior to fiscal year ending 2014 in the amount of $2,590.10. Seconded by Councilmember Mueller, motion passed unanimously by voice vote. Councilmember Boone moved to approve charge-off of Uncollectible Utility Accounts for the fiscal year 2009-2010 in the amount of $139,619.43. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Mark Stejskal, Director of the Fairhope Rotary Youth Club, addressed the City Council and presented Mayor Kant and the Councilmembers a shirt from their recent golf tournament. Mr. Stejskal also presented framed artwork to City Council President Burrell and City Treasurer Nancy Wilson. A Power Point Presentation was given out on the Summer Enrichment Academy. Councilmember Ford moved for Public Participation to be next on the agenda ahead of Agenda Item Number 17: Executive Session. Seconded by Councilmember Boone, motion passed unanimously by voice vote. No one spoke during this segment of Public Participation. Council President Burrell stated there was a need to add to the agenda a motion to call a Special Council meeting to adopt the budget and to adopt ordinances relative to the budget. Councilmember Boone moved to add on the above mentioned item not on the printed agenda. Seconded by Councilmember Brewer, motion passed unanimously by voice vote. Councilmember Boone moved to approve the Special-Called City Council Meeting on September 29, 2014 at 5:30p.m. Seconded by Councilmember Brewer, 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 to discuss the legal . The approximate time to be in Executive Session is 20 minutes. Councilmember Boone moved to go into Executive Session. Seconded by Councilmember Brewer, motion passed unanimously by voice vote. Exited the dais at 8:10p.m. Returned at 8:27p.m. Council President Burrell stated based on discussions in Executive Session, we need to add to the agenda a resolution that Mayor Timothy M. Kant is hereby authorized to settle the Claim with Philips Services Site, on behalf of the City of Fairhope, in the amount of $4,831.00. 6584 22 September 2014 Councilmember Mueller moved to add on the above mentioned item not on the printed agenda. Seconded by Councilmember Brewer, 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 is hereby authorized to settle the Claim with Philips Services Site, on behalf of the City of Fairhope, in the amount of $4 ,831.00. The motion was seconded by Councilmember Mueller. Mayor Kant stated this was a claim regarding a hazardous waste site from approximately 15 years ago that we are trying to settle with no further recourse. After further discussion, motion passed unanimously by voice vote. RESOLUTION NO. 2267-14 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to settle the Claim with Philips Services Site, on behalf of the City of Fairhope, in the amount of $4 ,831.00. DULY ADOPTED THIS 22ND DAY OF SEPTEMBER, 2014 Attest ~J~L City Clerk 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 8:31 p.m. City Clerk