CITY OF DAPHNE 1705 MAIN STREET, DAPHNE, AL CITY …

CITY OF DAPHNE 1705 MAIN STREET, DAPHNE, AL

CITY COUNCIL BUSINESS MEETING AGENDA May 21, 2018

1. CALL TO ORDER 2. ROLL CALL

INVOCATION – Pastor Robert Seawell, Eastern Shore Church of the Apostles

PLEDGE OF ALLEGIANCE

3. APPROVE MINUTES: Council Meeting – May 7, 2018

4. REPORTS OF STANDING COMMITTEES

A. FINANCE COMMITTEE – Rudicell

B. BUILDINGS & PROPERTY COMMITTEE – LeJeune

Review minutes of the April 9, 2018 Buildings and Property Committee Meeting.

C. PUBLIC SAFETY COMMITTEE – Davis

D. CODE ENFORCEMENT/ORDINANCE COMMITTEE – Goodlin

E. PUBLIC WORKS COMMITTEE – Coleman

5. REPORTS OF SPECIAL BOARDS & COMMISSIONS

A. BOARD OF ZONING ADJUSTMENTS – Adrienne Jones

B. DOWNTOWN REDEVELOPMENT AUTHORITY – Conaway

C. INDUSTRIAL DEVELOPMENT BOARD – Davis

D. LIBRARY BOARD – Rudicell

F. PLANNING COMMISSION – Scott

F. RECREATION BOARD – LeJeune

G. UTILITY BOARD – LeJeune

6. MAYOR’S REPORT

7. CITY ATTORNEY REPORT

8. DEPARTMENT HEAD REPORTS

9. CITY CLERK’S REPORT

10. PUBLIC PARTICIPATION

11. RESOLUTIONS & ORDINANCES

A. RESOLUTIONS: (First Read) 2018-24 - Loan to the Industrial Development Board of the City of Daphne, Alabama for the Daphne Innovation and Science Complex (DISC) Project

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2018-25 - Resolution Declaring Certain Recovered or Found Property Surplus and Authorizing the Mayor to Dispose of Such Property

2018-26 - Resolution Declaring Certain Personal Property Surplus and Authorizing the Mayor to Dispose of Such Property

2018-27 – Amending Environmental Advisory Committee Resolution 2007-66 to allow for an increase in the number of members

B. 2ND READ ORDINANCES:

2018-17 - Appropriation: County Road 13 Intersection Improvement – Sidewalk Addition

2018-18 - Appropriation: Pollard Road & Whispering Pines Roads Area Sewer Connection CDBG Proj: LR-CE-PF-16-008

2018-19 - Appropriation: Daphne Sports Complex Phase 3A, 3B, 3C & Engineering

C. 1ST READ ORDINANCES

2018-21 - Appropriating Funds for Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Contract No. for: Mont Clair Loop (DAP #17-002) / CR 13 (DAP #17-004)

12. COUNCIL COMMENTS

13. ADJOURN

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May 7, 2018 CITY COUNCIL MEETING REGULAR BUSINESS MEETING 1705 MAIN STREET DAPHNE, AL 6:30 P.M.

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1. CALL TO ORDER:

There being a quorum present Councilwoman Conaway called the meeting to order at 6:34 p.m.

2. ROLL CALL:

COUNCIL MEMBERS PRESENT: Tommie Conaway; Pat Rudicell; Doug Goodlin; Ron Scott; Robin LeJeune; Joe Davis.

Also Present: Candace Antinarella, City Clerk; Brandy Volovecky, Assistant City Clerk; Jay Ross, City Attorney; Betsy Schneider, Operations Director; James White, Fire Chief; David Carpenter, Police Chief; Adrienne Jones, Planning Director; David McKelroy, Recreation Director; Ronnie Huskey, Facilities Director; Richard Merchant, Building Department; Kelli Kichler, Finance Director/Treasurer; Tonja Young, Library Director; Jeremy Sasser, Public Works Director; Margaret Thigpen, Civic Center Director; Vickie Hinman, Human Resources Director.

INVOCATION/PLEDGE OF ALLEGIANCE:

Invocation was given by Lamar Green, Daphne Fire Department Chaplain.

PROCLAMATION: Municipal Clerk’s Week

Candace Antinarella, City Clerk, was presented a Proclamation proclaiming May 6-12, 2018 as Municipal Clerk’s Week in the City of Daphne. The Proclamation was read by Council President Conaway on behalf of Mayor Haygood and the Daphne City Council.

PRESENTATION: Daphne Elementary School Student Government Association Jonathan Ellis, Principal of Daphne Elementary School, introduced the school’s Student Government Association (SGA) students who gave a presentation on the SGA’s activities this year and the school’s Leader in Me efforts. Mr. Ellis gave background information on Leader in Me and thanked the Council for its continued support. Council President Conaway thanked Mr. Ellis and staff for their efforts to implement this program and mentioned that Councilman Coleman’s daughter is the treasurer of this SGA. Councilman Coleman said he is proud of all of the young women in the SGA. Councilman LeJeune said Mr. Ellis has done a great job implementing the Leader in Me program; W.J. Carroll is holding its first Leader in Me Leadership Day this week which is a testament to Mr. Ellis’ efforts. Mr. Ellis said Mrs. Stephano, SGA sponsor, has done a wonderful job this year and has helped to guide the children. PUBLIC HEARING: Re-zone of the WPNVA, LLC, Jay-E, LLC, John White-Spunner & Chester J. Stephan property located at the southeast corner of US Highway 98 & Johnson Road.

B.J. Lyon, property owner, appeared before the Council and gave details on the property and proposed re-zoning to B-2, General Business. He gave details on the zoning of the surrounding property where he said there are approximately 135 B-2 parcels on each side of Highway 98. He said this piece of property is an outlier in that it is not zoned B-2. Mr. Lyon said it is the job of the Council to treat all property owners fairly and equitably under the law.

Council President Conaway opened the public hearing at 6:53 p.m.

Dorothy Williams, 126 Valrie Lane, read a letter of opposition from Bob Patterson, 711 Cedar Drive, who is unable to attend tonight’s meeting. Mr. Patterson’s main concerns with the potential redevelopment are additional traffic, loitering and crime.

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Elease Powe, 1306 Warren Drive, spoke in opposition to the proposed re-zoning. She said Daphmont is an old neighborhood and the residents value the spacious lots, peace and quiet environment. She said residents understand that change is inevitable, but they want it to be better, not worse.

Jewel Lawson, 1001 Lawson Road, spoke in opposition to the proposed re-zoning. She said the corner of Highway 98 and Johnson Road is a main entrance to Daphmont and development on this corner could negatively impact residents’ lives. She cited the neighborhood’s historical status, safety concerns and a lack of adequate infrastructure. Ms. Johnson gave examples of several nearby properties which are not zoned B-2. She requested a traffic study before any consideration of re-zoning this property.

Anthony Sampson, 800 Daphmont Drive, spoke in opposition to the proposed re-zoning. He said he would like to find a win-win solution for the business owners and the residents. He said residents want to preserve the area. Change is inevitable, but they would like to see positive change and reasonable solutions. He asked that the Council use its authority, and the authority entrusted in their appointed Commissions, to do the right thing and listen to the voices being impacted.

Michael Hobbs, 706 Daphmont Drive, spoke in opposition to the proposed re-zoning. Mr. Hobbs said the citizens of Daphmont see the potential development of a gas station at this location as a safety hazard and stressed his concern with the sale of alcohol. He said the builder is from Louisiana and is not a local registered voter or a local taxpayer. Mr. Hobbs said the residents see this as an attack on their community. There being no further requests to speak, the public hearing was closed at 7:10 p.m.

MOTION by Councilman Rudicell to suspend the rules and allow the Council to vote on Ordinance 2018-20 (Re-zone of the WPNVA, LLC, Jay-E, LLC, John White-Spunner & Chester J. Stephan

property located at the southeast corner of US Highway 98 & Johnson Road) at this meeting rather than the May 21, 2018 meeting, due to the anticipated absences of several Council members.

Seconded by Councilman Goodlin.

Roll Call Vote:

MOTION CARRIED UNANIMOUSLY.

Councilman LeJeune asked Adrienne Jones, Planning Director, if there is any kind of site plan for this property. Ms. Jones replied there is not; no site plan or proposed use has been submitted. Councilman LeJeune asked Ms. Jones for historical background regarding why the corners are zoned B-2, including one with a residential house, but not the vacant lot on the opposite side. Ms. Jones said this was probably done at the time that zoning was established in 1987 at the recommendation of the South Alabama Regional Planning Commission, which at the time was the consultant for the City of Daphne.

3. APPROVE MINUTES:

The minutes of the April 16, 2018 Council Meeting were approved.

Councilman Rudicell Aye Councilman Coleman Aye Councilman Goodlin Aye Councilman Scott Aye Councilman LeJeune Aye Councilman Davis Aye Council President Conaway Aye

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4. REPORT OF STANDING COMMITTEES:

A. FINANCE COMMITTEE Councilman Rudicell said the minutes of the April 16, 2018 Finance Committee meeting are in the packet. February 2018 Lodging taxes collected were $85,883; February 2018 Sales and Use taxes collected were $1,306,786; and the total unrestricted cash balance at the end of March 2018 was $16,669,151.

Councilman Goodlin said there needs to be a correction in the Finance Committee minutes on page 46 of this meeting’s packet; Councilman Rudicell is shown as voting both Aye and Nay in the same motion.

B. BUILDINGS & PROPERTY COMMITTEE Councilman LeJeune said the April 2018 Building Report is in the packet. The next Buildings and Property Committee Meeting is on May 14, 2018.

C. PUBLIC SAFETY COMMITTEE Councilman Davis said the next Public Safety Committee meeting will be May 14, 2018 at 4:30 p.m. The minutes from the March 12, 2018 meeting will be in that meetings packet.

D. CODE ENFORCEMENT/ORDINANCE COMMITTEE Councilman Goodlin said the next Code Enforcement/Ordinance Committee meeting will be on June 4, 2018 at 4:30 p.m.

MOTION by Councilman Scott to request the Planning Commission to address non-conforming lots of record so that if a property owner wants to bring parcels to a more conforming, but still non-

conforming, status this can be accomplished, with a 90-day response deadline.

MOTION CARRIED UNANIMOUSLY

E. PUBLIC WORKS COMMITTEE Councilman Coleman said the Public Works Committee met today. They have received bids on Phase 3 of the ball park on Park Drive which are much closer to budget. They also discussed some of the drainage projects on Main Street. The minutes of the April 9, 2018 Museum Committee meeting are in the packet. The next Public Works Committee meeting is on June 4, 2018 at 5:30 p.m.

5. REPORTS OF SPECIAL BOARDS & COMMISSIONS:

A. Board of Zoning Adjustments No report.

B. Downtown Redevelopment Authority Council President Conaway said the next Downtown Redevelopment Authority meeting is Wednesday, May 23, 2018 at 5:30 p.m.

C. Industrial Development Board Councilman Davis said the Industrial Development Board will meet tomorrow, May 8, 2018, at 11:30 a.m.

D. Library Board Councilman Rudicell said the Library Board meets on the second Thursday of each month at 4 p.m. The annual summer reading program begins on June 4, 2018.

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E. Planning Commission Councilman Scott said the minutes of the March 22, 2018 Planning Commission meeting are in the packet, along with the report of the April 26, 2018 meeting. The Site Preview meeting will be May 16, 2018 at 8:30 a.m. and the regular Planning Commission meeting will be May 24, 2018 at 5 p.m.

F. Recreation Board Councilman LeJeune said the Recreation Board will be having a discussion about the bids for the Park Drive Sports Complex. Daphne summer sports camps will begin in June; there is a flyer in the packet.

G. Utility Board Councilman LeJeune said the minutes of the January 31, 2018, February 8, 2018 and February 28, 2018 Daphne Utilities Board meetings are in the packet. There have been some legal developments and more information will be available in the coming weeks.

6. MAYOR’S REPORT:

Mayor Haygood was not present.

7. CITY ATTORNEY REPORT:

MOTION by Councilman Scott to authorize the City Attorney to make a formal offer of purchase on the property located at 706 Belrose Avenue for full market value as was previously determined by the

appraisal for use by the City for public purposes and if the offer is rejected to proceed with the statutory condemnation process. Seconded by Councilman Davis.

Councilman Rudicell said the way this motion is written, it is one or the other. It leaves out additional options which were previously discussed.

Councilman LeJeune said as he reads it, the motion is purely based on public need for additional parking. He doesn’t think it has any bearing on what has happened in the past; it is purely whether the Council feels this is necessary for the public need.

Councilman Davis said he thinks if the City Attorney follows through with the proposed action, the owner could either agree with, or offer some sort of compromise, and if not, the Council could then move forward and show they have done everything in their power to address all of the possibilities.

Councilman Scott said the issue is whether they have a need for additional public parking. He referenced the number of tonight’s meeting attendees and said this is the third overflow meeting in the last month. He said City Hall is also used for a lot of other public events and there is not adequate parking.

Councilman LeJeune asked Jay Ross, City Attorney, if more formalities are still needed after this motion should the Council choose to proceed with condemnation. Mr. Ross said at the last meeting, the Council charged the Mayor with trying to find a fair market value solution with the owner of the property, which was not successful. He said he could draft a letter that meets the statutory formalities, but this would further the process. 6


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Roll Call Vote:

MOTION FAILED.

8. DEPARTMENT HEAD COMMENTS:

Chief White, Daphne Fire Department, said ISO survey was conducted around 3 weeks ago. The results should be back in a few months.

9. CITY CLERK’S REPORT:

MOTION by Councilman Rudicell to approve the issuance of the 240 – Non-Profit Tax Exempt ABC license for The Anchor Cross Cancer Foundation, Judge Roy Bean Reunion Fundraiser, located at 1705

Main Street Lawn & Parking Lot on June 9, 2018. Seconded by Councilman LeJeune.

MOTION CARRIED UNANIMOUSLY. MOTION by Councilman Rudicell to approve the publication and set a public hearing on June 18, 2018

for the Estate of Victorine Nelson Zoning Amendment located Southeast of Van Avenue and Main Street. Seconded by Councilman Davis.

AYE: Rudicell, Coleman, Goodlin, LeJeune, Davis, Conaway ABSTAIN: Scott

MOTION CARRIED. MOTION by Councilman Scott to approve the publication and set a public hearing on June 18, 2018 for

proposed amendments to Ordinance 2011-54, Land Use and Development Ordinance, Article 17, Section 17-4, Procedures for Subdivision Review, Final Plat Application, Maintenance Bonds and

Sidewalk Installation Bonds. Seconded by Councilman LeJeune.


MOTION by Councilman LeJeune to authorize the Mayor to execute an amendment to the January 2017 Project Agreement between the City of Daphne and Daphne Strike Soccer Club to extend the

City’s guaranty period through September 1, 2020. Seconded by Councilman Davis.


Councilman Rudicell Nay Councilman Coleman Nay Councilman Goodlin Nay Councilman Scott Aye Councilman LeJeune Aye Councilman Davis Aye Council President Conaway Nay

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10. PUBLIC PARTICIPATION:

Public Participation was opened at 7:30 p.m.

Maurice Horsey said he is a candidate for House District 96 but he is here this evening as a volunteer officer of the Ruff Wilson Youth Organization, formerly known as the Boys and Girls Club. Mr. Horsey gave background information on the Ruff Wilson Youth Organization. He described the organization’s strategic planning process and stressed the importance of adapting to meet current needs. A new Board of Directors has been approved; a new mission statement has been adopted; and pending Board leadership, staffing and program improvements are being addressed. He thanked the City Council for providing support to this organization and said he hopes they continue to provide this support.

Dr. Barry Booth, 7210 Chapman Street in Montrose, said it is his understanding that a reconsideration of the vote that was taken a few weeks ago regarding Veterans Pointe would be out of order. He said he is concerned about making the “front door of Daphne” the welcoming place the Council wants it to be and, by virtue of it being named Veterans Point, serve the veterans community in the best possible manner. Mr. Booth said in the April Buildings and Property Committee meeting, he was not allowed to present an alternative to what was designed and promoted for Veterans Pointe. He is wondering if the City Attorney may make an opinion on whether this would be grounds for reconsideration of this vote by the City Council.

Dorothy Morrison, 26197 Via del San Francesco, said she first noticed the hand statue in early 2016. She thought it was beautiful and should be in a better location. She set up a meeting with Richard Johnson and Dr. Booth and asked Dr. Booth if there was any interest in moving the statue to the KFC hill. Ms. Morrison said Dr. Booth was interested and met with several Beautification Committee members and Councilman Lake. She said they thought they had a simple plan to move the statue and add greenery around it. The Council was involved in discussion and the area was named Veterans Pointe. Somehow there has become a lot of confusion between the Council, Dr. Booth and the bank. She said she would like to see this be resolved in an amicable way so the beautiful statue can go in this location.

Rod Drummond, Ridgewood Drive, said he is concerned about the proposed re-zone of the Bertolla Properties, LLC property. Mr. Drummond said he counted 15 or 16 ponds in the plans for the Jubilee Farms subdivision. He questioned who would be maintaining the drainage ponds once the contractor leaves. He is also concerned that this subdivision is to be built in pieces.

11. RESOLUTIONS & ORDINANCES:

RESOLUTIONS:

2018-18 - 2018-K-Pollard Road & Whispering Pines Roads Area Sewer Connection CDBG Proj: LR-CE-PF-16-008, which awards the bid to DHS, Inc. 2018-19 - 2018-E-Concrete Material, which awards the bid to Shelby Concrete doing business as Baldwin Concrete. 2018-20 - 2018-L-Recycled Rock Material, which awards the bid to Asphalt Services, Inc. 2018-21 – Resolution to Authorize Facility Use Agreement for Overlook Building 2018-22 – 2018-M-Daphne Sports Complex Phases 3A, 3B & 3C 2018-23 - Resolution to Vacate an Unopened Portion of the Church Street Right of Way

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MOTION by Councilman Scott to waive the readings of Resolution 2018-19, Resolution 2018-20, Resolution 2018-21, Resolution 2018-22 and Resolution 2018-23. Seconded by Councilman Rudicell.


MOTION by Councilman Scott to adopt Resolution 2018-19 and Resolution 2018-20. Seconded by

Councilman Rudicell.


MOTION by Councilman Scott to adopt Resolution 2018-21. Seconded by Councilman LeJeune.


MOTION by Councilman Goodlin to waive the insurance fees for the Honor Guard. Seconded by Councilman Davis.


MOTION by Councilman Coleman to adopt Resolution 2018-22. Seconded by Councilman Davis.

The City Clerk noted that Resolution 2018-22 had been updated following the Public Works Committee

meeting and displayed the updated Resolution on the projection screen.


MOTION by Councilman Scott to adopt Resolution 2018-23. Seconded by Councilman Rudicell.


ORDINANCES:

2nd READ:

2018-14 – Ordinance to Pre-zone Amendment for Property Located Southeast of Alabama 181 and Austin Road Bertolla Properties, LLC 2018-15 – Ordinance to Annex Property Contiguous to the Corporate Limits of the City of Daphne - Southeast of Austin Road and Alabama Highway 181 Bertolla Properties, LLC 2018-16 – Ordinance to Re-Zone Property Located Southwest of Holy Cross Circle and Holy Cross Drive John W. West Irrevocable Trust

*2018-20 - Re-zone of the WPNVA, LLC, Jay-E, LLC, John White-Spunner & Chester J. Stephan property located at the southeast corner of US Highway 98 & Johnson Road (Pulled from 1st Read Ordinances to be considered for approval at this meeting.)

MOTION by Councilman Rudicell to waive the readings of Ordinance 2018-14, Ordinance 2018-15, Ordinance 2018-16 and Ordinance 2018-20. Seconded by Councilman Davis.

MOTION CARRIED UNANIMOUSLY. 9


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MOTION by Councilman Scott to adopt Ordinance 2018-14, Ordinance 2018-15 and Ordinance 2018-16. Seconded by Councilman Davis.

AYE: Rudicell, Scott, Goodlin, LeJeune, Davis, Conaway ABSTAIN: Coleman

MOTION CARRIED.

MOTION by Councilman Rudicell to adopt Ordinance 2018-20 - Re-zone of the WPNVA, LLC, Jay-E, LLC, John White-Spunner & Chester J. Stephan property located at the southeast corner of US

Highway 98 & Johnson Road. Seconded by Councilman Coleman.

Roll Call Vote:

MOTION FAILED.

1st READ:

2018-17 - Appropriation: County Road 13 Intersection Improvement – Sidewalk Addition 2018-18 - Appropriation: Pollard Road & Whispering Pines Roads Area Sewer Connection CDBG Proj: LR-CE-PF-16-008 2018-19 – Appropriation: Daphne Sports Complex Phase 3A, 3B, 3C & Engineering

EXECUTIVE SESSION:

Jay Ross, City Attorney, said there are three items for executive session. Two items relate to imminently threatened litigation and one matter relates to the good name or character of a firm or business. He certifies these are appropriate reasons to go into executive session under Alabama Open Meetings Act. He estimates these three items will take less than 15 minutes. The Council will need to come back out of executive session to vote on Resolution 2018-18 and have Council Comments.

MOTION by Councilman Scott to go into executive session as certified by the City Attorney.

Seconded by Councilman Davis.

Roll Call Vote:

Councilman Coleman Aye Councilman Goodlin Nay Councilman Rudicell Nay Councilman Scott Nay Councilman LeJeune Nay Councilman Davis Aye Council President Conaway Nay

Councilman Rudicell Aye Councilman Coleman Aye Councilman Goodlin Aye Councilman Scott Aye

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COUNCIL WENT INTO EXECUTIVE SESSION AT 8:01 P.M.

COUNCIL RETURNED TO THE CHAMBERS AT 8:34 P.M.

MOTION by Councilman Scott to waive the reading of Resolution 2018-18. Seconded by Councilman

Goodlin.


MOTION by Councilman Scott to adopt Resolution 2018-18. Seconded by Councilman Coleman.


MOTION by Councilman Rudicell to appoint Councilman Goodlin as the City of Daphne’s voting delegate at the 2018 Alabama League of Municipalities Convention in Montgomery on May 19-22, 2018.

Seconded by Councilman Scott.


Motion by Councilman Scott to appoint Councilman Rudicell as the City of Daphne’s alternate voting delegate at the 2018 Alabama League of Municipalities Convention in Montgomery on May 19-22, 2018.

Seconded by Councilman Goodlin.

MOTION CARRIED UNANIMOUSLY. 12. COUNCIL COMMENTS:

Councilman Davis said he thought the Council was going to discuss Veterans Pointe at tonight’s meeting. The entrance to Bayfront Park occurs at the Veteran’s Pointe location and for the City to create a venue there, would be very dangerous. He thought the Council was going to re-visit this at tonight’s meeting and apologized to Dr. Barry Booth for being mistaken. He believes they are going down a very inappropriate road to recognize our veterans in a venue. He said he is not against the bank, but he unaware of the construction of a three-story ATM at this location. He apologized for not bringing this forward in a different way, but it bothers him terribly. Councilman Davis also commented on the Council voting with big crowds in attendance. Everybody votes according to their opinion and he respects that. He referenced the property at the corner of Highway 98 and Johnson Road which was voted on at tonight’s meeting and said property rights matter.

Councilman Rudicell said during the Planning Commission meeting (regarding the above referenced proposed property re-zoning), it was discussed and recommended to the developer to re-zone the property B-1 in lieu of B-2. He was prepared to follow the recommendation of the Planning Commission, but the developer did not agree to this.

Councilman LeJeune Aye Councilman Davis Aye Council President Conaway Aye

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Councilman Coleman said he echoes Councilman Davis’ thoughts with regards to the vote. He encouraged Ms. Lawson to consider re-zoning her property from Business to Residential to solidify the argument (from the residents) that this area is the entrance to Daphmont.

Councilman Goodlin said he had planned to propose a motion to reconsider requesting M&M Bank to withdraw the current plan to construct Veterans Pointe Project (from the April 2, 2018 City Council Meeting). He realizes that his vote was in error and he told Dr. Booth this. He feels the Council has evolved in their opinions after speaking with Dr. Booth but he isn’t sure how to stop it at this point.

Mr. Ross said the motion made at the previous meeting had no legal impact on what M&M Bank could do. Had the motion passed, the result would have been the Bank deciding what it wants to do from a business and legal standpoint.

If the motion to reconsider had been approved at this meeting, it would have no legal impact on what the bank can or should do; it may have some political influence, but no legal impact. He isn’t sure, from a legal point of view, what can be done.

Councilman LeJeune said he is very excited that they awarded the bid for the Park Drive facility. It is going to be a great place for the kids to go and play.

Councilman Davis said the Council will not meet before Mother’s Day and asked everyone to remember their mothers.

13. ADJOURN:

THERE BEING NO FURTHER BUSINESS TO DISCUSS, THE MEETING ADJOURNED AT 8:50 P.M.

Respectfully submitted by, Certification of Presiding Officer

__________________________________ __________________________________ Candace G. Antinarella, City Clerk Tommie Conaway, Council President

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BUILDINGS & PROPERTY COMMITTEE MEETING Tuesday, April 9, 2018, 5:15 p.m.

City Hall, Jubilee Conference Room, 1705 Main Street, Daphne, AL 36526

MEETING MINUTES

MEMBERS PRESENT: Councilman Doug Goodlin; Councilman Ron Scott; Councilman Pat Rudicell; Councilman Robin LeJeune; Councilwoman Tommie Conaway and Councilman Joe Davis

ALSO PRESENT: Mayor Dane Haygood, Patrick Dungan, City Attorney; Candace Antinarella, City Clerk; Kelli Kichler, Finance Director; Betsy Schneider, Operations Director; Suzanne Henson, Senior Accountant; BJ Eringman, Deputy Director Public Works; Jeremy Sasser, Public Works Director; Ronnie Huskey, Facilities Director; Tonja Young, Library Director; Margaret Thigpen, Civic Center.

1) CALL MEETING TO ORDER / ROLL CALL

There being a quorum present Councilman Robin LeJeune called meeting to order at 5:25 pm.

2) MINUTES

The minutes were approved as presented.

3) PUBLIC PARTICIPATION

Dayna Oldham asked the City to vacate a small six foot strip of land between her property and the new fence erected on the west side of City Hall property. She said this is a small piece of land that she will maintain and would like to release City of liability while allowing an easement for utilities if needed. Jay Ross said the City could give permission for use or claim the small strip as surplus. Mayor Haygood said he has no problem with Ms. Oldham using the property as her own. Mr. Ross will look into this and will bring it back to next month’s Building and Property meeting. 4) CITY BOAT RAMP ACCESS PROJECTS REPORT: BJ ENRINGMAN

New plans have been sent to the grant individuals. We are awaiting comments for the public. 5) SURPLUS PROPERTY: SUZANNE HENSON Suzanne Henson gave the Surplus Property Report and indicated we have one item, a mower. The city would like to donate this mower to Daphne High School if it is adequate. MOTION BY Councilman Scott to recommend to Council to declare certain personal property,

a 2010 John Deere 1565 Mower, surplus and disposed of said property and donate it to Daphne High School if adequate. Seconded by Councilman Goodlin. All in favor

MOTION CARRIED UNANIMOUSLY 6) BUILDING INSPECTION REPORT: RICHARD MERCHANT Richard Merchant gave Building Inspection Report for March. Mr. Merchant indicated the Eastern Star building does not have asbestos.

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MOTION BY Councilman Scott to recommend the removal of the Eastern Star Building. Seconded by Councilman Davis. All in favor

MOTION CARRIED UNANIMOUSLY 7) CIVIC CENTER & BAYFRONT PAVILION REPORT: MARGARET THIGPEN Margaret Thigpen gave Civic Center & Bayfront Pavilion report for March 2017 with event totals and financials. 8) RECREATION REPORT No report. 9) LIBRARY REPORT: TONJA YOUNG Tonja Young gave an update of events at the Library. The Porch Project is still in progress. Ronnie Huskey reported the donor bricks have been stored at Public Works and concrete will be poured soon. They are meeting the deadlines. 10) VILLAGE POINT FOUNDATION REPORT: SELENA VAUGHN No report. 11) BAYFRONT MASTER PLAN & IMPROVEMENT COMMITTEE REPORT: No report. 12) FACILITIES REPORT Ronnie Huskey gave the facilities report. He mentioned the Trione concessions stand and that most of the utilities go to the concession stand so a new concession stand will need to be constructed around the existing electrical room. This will involve approximately 3 months of down time. The sports complex pre-bid meeting was held on Friday. There were 13 difference companies present. Mayor Haygood mentioned property at the end of Belrose Avenue and that Public Works is working on the cul de sac and parking spots at the end. Edward Miller has been to previous meetings asking about this property and city encroachment. Staff is looking for record of this. 13) OLD BUSINESS Discussion began about Church of the Highlands use of the Civic Center. Margaret Thigpen discussed use and events currently booked at the civic center. Mayor Haygood distributed handouts and indicated that with the church’s request, they have offered to work around any obstacles we may have. Jimmy Bowers wants to nail down something soon. The church is willing to upgrade our facilities in exchange for use of our building. Mayor Haygood feels that allowing the church to use our facility will lighten the burden on our staff by possibly being able to hire additional part time staff.

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MOTION BY Councilman Goodlin to authorize Mayor Haygood to execute a Letter of Intent with Church of the Highlands for use of Daphne Civic Center.

Seconded by Councilman Rudicell - All in favor MOTION CARRIED UNANIMOUSLY

Discussion of the Gustafson property. Councilman Scott mentioned the need for parking. Councilman Rudicell indicated we need an ordinance with a proper procedure for this type of property issue.

MOTION BY Councilman Scott to negotiate to purchase the Gustafson property and if no agreement is met, then proceed with imminent domain.

Seconded by Councilman Davis Motion was withdrawn to have further discussion at future meetings. No vote was held. 14) NEW BUSINESS None 15) ANY OTHER BUILDINGS & PROPERTY BUSINESS 16) NEXT MEETING Next meeting scheduled for Monday, May 14, 2018 at 5:15 p.m. 17) ADJOURN

Councilman LeJeune adjourned meeting at 6:46 p.m. with no further business to discuss.

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Typewritten Text

CITY OF DAPHNE, ALABAMA RESOLUTION 2018-24

LOAN TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE,

ALABAMA FOR THE DAPHNE INNOVATION AND SCIENCE COMPLEX (DISC) PROJECT

WHEREAS, the Industrial Development Board of the City of Daphne, Alabama (“Daphne IDB”) was established to promote industry and develop trade by inducing manufacturing, industrial, and commercial entities to locate in the State of Alabama; and WHEREAS, the Daphne IDB is in the process of developing the Daphne Innovation and Science Complex (DISC), which will enhance the region’s economic competitiveness and promote and facilitate job growth by laying the foundation for the creation of a 30-acre technology park with up to six (6) office buildings and over 460,000 square feet of Class-A office space; and WHEREAS, the City Council has determined that the DISC Project will create high-salary, professional and technical jobs, spur investment, and improve the overall quality of life for those living in the City of Daphne and the greater Baldwin County region. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA that:

1. The City shall loan to the Daphne IDB One Million Dollars and no/100 cents ($1,000,000.00), with an initial disbursement no later than June 30, 2018, in an amount to be requested by the IDB, and with disbursement(s) of the remaining amount, if any, on such date(s) and amount(s) as requested by the IDB; and

2. Such loan shall be interest-free, and the Daphne IDB shall not be obligated to make any repayments to the City for a period of three (3) years forbearance from the date of the initial disbursement by the City to the Daphne IDB; and

3. Upon the expiration of the three-year forbearance period, the Daphne IDB shall make monthly payments to the City equaling fifty percent (50%) of all revenue received during the previous month by the Daphne IDB from the DISC properties; and

4. Following the three-year forbearance period, fifty percent (50%) of all increased ad valorem revenues generated by the DISC properties and received by the City shall be credited against the loan balance, with such amounts to be calculated by the City Finance Director; and

5. Upon adoption of this Resolution by the City Council of the City of Daphne, this Resolution shall be a bona fide contractual agreement between the City and the Daphne

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IDB, and the Daphne IDB shall be bound by the terms of this Resolution upon the execution thereof by its Chairman.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA this 21st day of May, 2018. ________________________________ ATTEST: Dane Haygood, Mayor

________________________________ Candace G. Antinarella, City Clerk

----

ACKNOWLEDGED AND AGREED on this _____ day of __________, 2018. INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA

_______________________________ By: Steven Carey Its: Chairman STATE OF ALABAMA ) COUNTY OF BALDWIN )

I HEREBY CERTIFY that on this ______ day of ____________, 2018, before me, the subscriber, a Notary Public in and for said County and said State, personally appeared Steven Carey, the Chairman of the INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day, that, being informed of the contents of the document, he, with full authority, executed the same voluntarily on the day the same bears date for and as the act of the INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA.

Given under my hand and official seal this ______ day of ___________________, 2018.

Notary Public

(SEAL) My Commission Expires:

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Option 1

CITY OF DAPHNE, ALABAMA RESOLUTION 2018-___

LOAN TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA FOR THE DAPHNE INNOVATION AND SCIENCE COMPLEX (DISC)

PROJECT

WHEREAS, the Industrial Development Board of the City of Daphne, Alabama (“Daphne IDB”) was established to promote industry and develop trade by inducing manufacturing, industrial, and commercial entities to locate in the State of Alabama; and

WHEREAS, the Daphne IDB is in the process of developing the Daphne Innovation and Science Complex (DISC), which will enhance the region’s economic competitiveness and promote and facilitate job growth by laying the foundation for the creation of a 30-acre technology park with up to six (6) office buildings and over 460,000 square feet of Class-A office space; and

WHEREAS, the City Council has determined that the DISC Project will create high-salary, professional and technical jobs, spur investment, and improve the overall quality of life for those living in the City of Daphne and the greater Baldwin County region.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA that:

1. The City shall loan to the Daphne IDB One Million Dollars and no/100 cents ($1,000,000.00), with an initial disbursement no later than June 30, 2018, in an amount to be requested by the IDB, and with disbursement(s) of the remaining amount, if any, on such date(s) and amount(s) as requested by the IDB; and


3. Upon the expiration of the three-year forbearance period, the Daphne IDB shall make monthly payments to the City equaling fifty percent (50%) of the net revenue received during the previous month by the Daphne IDB from the sale of any DISC properties; and


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5. Upon adoption of this Resolution by the City Council of the City of Daphne, this Resolution shall be a bona fide contractual agreement between the City and the Daphne IDB, and the Daphne IDB shall be bound by the terms of this Resolution upon the execution thereof by its Chairman.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA this ____ day of May, 2018.

ATTEST: Dane Haygood, Mayor

Candace G. Antinarella, City Clerk

----

ACKNOWLEDGED AND AGREED on this _____ day of __________, 2018.

INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA

_______________________________ By: Steven Carey Its: Chairman

STATE OF ALABAMA ) COUNTY OF BALDWIN )



Notary Public


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Option 2

CITY OF DAPHNE, ALABAMA RESOLUTION 2018-___

LOAN TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA FOR THE DAPHNE INNOVATION AND SCIENCE COMPLEX (DISC)

PROJECT



WHEREAS, the City Council has determined that the DISC Project will create high-salary, professional and technical jobs, spur investment, and improve the overall quality of life for those living in the City of Daphne and the greater Baldwin County region.


1. The City shall loan to the Daphne IDB One Million, Two Hundred Thousand Dollars and no/100 cents ($1,200,000.00), with an initial disbursement no later than June 30, 2018, in an amount to be requested by the IDB, and with disbursement(s) of the remaining amount, if any, on such date(s) and amount(s) as requested by the IDB; and


3. Upon the expiration of the three-year forbearance period, the Daphne IDB shall make monthly payments to the City equaling fifty percent (50%) of the net revenue received during the previous month by the Daphne IDB from the sale of any DISC properties; and


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5. Upon adoption of this Resolution by the City Council of the City of Daphne, this Resolution shall be a bona fide contractual agreement between the City and the Daphne IDB, and the Daphne IDB shall be bound by the terms of this Resolution upon the execution thereof by its Chairman.




----







Notary Public


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Option 3

CITY OF DAPHNE, ALABAMA ORDINANCE 2018-___

AN ORDINANCE AMENDING ORDINANCES 2016-52 AND 2014-06 REGARDING THE ALLOCATION OF LODGING TAX PROCEEDS TO THE INDUSTRIAL

DEVELOPMENT BOARD OF THE CITY OF DAPHNE, ALABAMA (DAPHNE IDB) AND PROVIDING A LOAN TO THE DAPHNE IDB FOR THE DAPHNE INNOVATION

AND SCIENCE COMPLEX (DISC) PROJECT



WHEREAS, Ordinance 2016-52 was adopted on September 26, 2016, reducing the allocation of lodging tax proceeds to the Daphne Industrial Development Board from thirteen percent (13%) to ten percent (10%) and the funds from the three percent reduction were reallocated for use in recreation acquisitions, development, and maintenance; and

WHEREAS, Ordinance 2014-06, Section 9(a) was repealed and replaced to adjust lodging tax allocation in accordance with Ordinance 2016-52; and

WHEREAS, the City Council has determined that the DISC Project will create high-salary, professional and technical jobs, spur investment, and improve the overall quality of life for those living in the City of Daphne and the greater Baldwin County region, and the Council desires to assist the IDB with the DISC Project.


SECTION 1. REALLOCATION

Section 9(a) of Ordinance 2014-06, as amended, is hereby repealed and replaced with the following:

“The lodging taxes which are collected are hereby divided as follows:

(a) Thirteen (13) percent shall be paid at least quarterly and used for the purpose of providing funding to the Industrial Development Board for the action items, implementation of strategies, and

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tactics included in the then current Strategic Economic Development Plan as approved and adopted by the City Council.”

SECTION 2. LOAN TO THE IDB

2.1. The City shall loan to the Daphne IDB One Million Dollars and no/100 cents ($1,000,000.00), with an initial disbursement no later than June 30, 2018, in an amount to be requested by the IDB, and with disbursement(s) of the remaining amount, if any, on such date(s) and amount(s) as requested by the IDB; and

2.2. Such loan shall be interest-free, and the Daphne IDB shall not be obligated to make any repayments to the City for a period of three (3) years forbearance from the date of the initial disbursement by the City to the Daphne IDB; and

2.3. Upon the expiration of the three-year forbearance period, the Daphne IDB shall make monthly payments to the City equaling fifty percent (50%) of the net revenue received during the previous month by the Daphne IDB from the sale of any DISC properties; and

2.4. Following the three-year forbearance period, fifty percent (50%) of all increased ad valorem revenues generated by the DISC properties and received by the City shall be credited against the loan balance, with such amounts to be calculated by the City Finance Director; and

2.5. Upon adoption of this Ordinance by the City Council of the City of Daphne, this Ordinance shall be a bona fide contractual agreement between the City and the Daphne IDB, and the Daphne IDB shall be bound by the terms of this instrument upon the execution thereof by its Chairman.

SECTION 3. SEVERABILITY

If any section, subsection, clause, provision, or part of this Ordinance shall be held invalid or unconstitutional in a court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision, or part of this Ordinance which is itself valid and constitutional.

SECTION 4. EFFECTIVE DATE

This Ordinance shall take effect and be in force upon full execution as provided by law.

SECTION 5. REPEALER

Sections 1(c) and 1(d) of Ordinance 2016-52 are hereby repealed. All other City Ordinances or parts thereof in conflict with the provisions of this Ordinance, insofar as they conflict, are hereby repealed.

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3




----







Notary Public


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CITY OF DAPHNE, ALABAMA

RESOLUTION 2018-25

A RESOLUTION DECLARING CERTAIN RECOVERED OR FOUND PROPERTY SURPLUS AND AUTHORIZING THE MAYOR TO DISPOSE OF SUCH PROPERTY

WHEREAS, the Department Heads of the City of Daphne Police Department has certain

recovered or found property that has been held over the required time; and

WHEREAS, the items listed below are recommended for disposal.

NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA that

1. The property listed below is hereby declared to be surplus property; and

2. The Mayor is authorized to advertise and accept bids through Govdeals.com as Contracted, sell through a Public Auction, or donate such recovered or found property; and

3. If said property is sold the Mayor is authorized to deposit any and all proceeds to the appropriate City Fund. The Mayor is further authorized to direct the disposition of any property which is not claimed by any bidder and sign all necessary documents.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF

DAPHNE, ALABAMA, THIS day of , 2018

____________________________

Dane Haygood, Mayor ATTEST: _________________________________ Candace G. Antinarella, City Clerk

DEPT EQ/VEH/# DESCRIPTION VIN/SN

PD N/A 35+ Bicycles Recovered/Found Property

PD N/A Assorted Golf Clubs Recovered/Found Property

PD N/A Babytrend Jogging Stroller Recovered/Found Property

PD N/A

Misc Small Equipment: Hydraulic Jack, Gas Blower, Trimmers, Weedeater, Paint Sprayer, Chainsaw, 20Gal Tank, Pressure

Washers… Recovered/Found Property

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RESOLUTION 2018-26

A RESOLUTION DECLARING CERTAIN PERSONAL PROPERTY SURPLUS AND AUTHORIZING THE MAYOR TO DISPOSE OF SUCH PROPERTY

WHEREAS, the Department Heads of the City of Daphne have determined that the item

listed below is no longer required for public or municipal purposes; and

WHEREAS, the items listed below are recommended for disposal.

NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA that

1. The property listed below is hereby declared to be surplus property; and

2. The Mayor is authorized to advertise and accept bids through Govdeals.com as contracted for the sale of such personal property; and

3. The Mayor is authorized to sell said property to the highest bidder and deposit any and

all proceeds to the appropriate City Fund. The Mayor is further authorized to direct the disposition of any property which is not claimed by any bidder and sign all necessary documents.


DAPHNE, ALABAMA, THIS day of , 2018

_________________________________ Dane Haygood, Mayor ATTEST: _________________________________ Candace G. Antinarella, City Clerk

DEPT EQ/VEH/# DESCRIPTION VIN/SN

FD BP13 1997 NAVISTAR 4700/DT466 RESCUE TRUCK 1HTSLAANOVH391100

FD 1810 2004 FORD CROWN VIC 2FAFP71W64X154193

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RESOLUTION 2018-27

ENVIRONMENTAL ADVISORY COMMITTEE UPDATE

WHEREAS, the City of Daphne recognizes the importance of good stewardship of its environment and natural resources; and

WHEREAS, citizens of Daphne have expressed interest in serving the City as volunteers in this endeavor; and

WHEREAS, Resolution 2007-66, approved and adopted at the August 20, 2007 Daphne City Council Meeting, established the City’s current Environmental Advisory Committee; and

WHEREAS, the formation of the Environmental Advisory Committee encouraged citizen input and involvement as an advisory committee dedicated to studying “research” and making recommendations on matters relating to the City’s stormwater management program and other environmental topics which include, but are not limited to, environmental grant applications, environmental restorations, environmental education outreach, recycling, etc.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA that Resolution 2007-66 is hereby amended as follows:

No less than twelve (12) but no more than fifteen (15) citizens of Daphne shall be appointed as members of the Committee for terms to be determined by the Committee; and

Two (2) City Council members are to be appointed to serve as members of the Committee; and

The Environmental Advisory Committee will report to the Public Works Committee and, when needed, the full City Council.


DAPHNE, ALABAMA, THIS 21st day of May, 2018

_________________________________ Dane Haygood, Mayor ATTEST: _________________________________ Candace G. Antinarella, City Clerk

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CITY OF DAPHNE, ALABAMA ORDINANCE # 2018-17

Appropriation: County Road 13 Intersection Improvement – Sidewalk Addition (RE: Project: STPOA-0216(250))

WHEREAS, Ordinance 2017-77 approved and adopted the Fiscal Year 2018 Budget on October 2, 2017; and

WHEREAS, subsequent to the adoption of the Fiscal Year 2018 budget, the City Council has determined that certain appropriations are required and should be approved and made a part of the Fiscal Year 2018 budget; and

WHEREAS, the City of Daphne is a member Government of the Eastern Shore Metropolitan Planning Organization (MPO); and

WHEREAS, the Eastern Shore MPO was formed in June 2012 and has three years to allocate MPO Surface Transportation Project funds through the adoption of the 2040 Long Range Transportation Plan and FY16-19 Transportation Improvement Program (TIP); and

WHEREAS, the City of Daphne appropriated $67,754 in Ordinance 2015-60 to install Intersection Improvements on County Road 13 at Sehoy Blvd. and Longue Vue Drive (CR 13 Intersection Improvement Project) for inclusion in the FY 2016-2019 Transportation Improvement Program; and

WHEREAS, the project was bid and awarded by the MPO and an additional appropriation of $98,807 was required and appropriated in Ordinance 2017-43 (total project cost-$785,625 (including CE&I) - City’s 20% match is $166,561 less the previous appropriation of $67,754); and

WHEREAS, the MPO made an Administrative Modification to the project to include the construction

of a section of sidewalk on CR13 and fund 80% of the cost with the City funding the remaining 20% -$45,423.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA, that

1) funds in the amount of $45,423 from the Seven Cent Gas Tax Fund are appropriated and made a

part of the Fiscal Year 2018 budget for the additional cost for the CR13 Sidewalk Addition to complete the project.

2) the Mayor is hereby authorized to execute any and all documents required in order for the City of Daphne to participate in such project.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE,

ALABAMA, THIS 21ST DAY OF MAY, 2018. Dane Haygood, Mayor ATTEST: Candace G. Antinarella, City Clerk

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CITY OF DAPHNE, ALABAMA ORDINANCE # 2018-18

APPROPRIATION: POLLARD ROAD & WHISPERING PINES ROADS AREA SEWER CONNECTION CDBG PROJ: LR-CE-PF-16-008

WHEREAS, Ordinance 2017-77 approved and adopted the Fiscal Year 2018 Budget on October

2, 2017; and


WHEREAS, Resolution 2016-40 approved the application to ADECA for the 2016 CDBG Grant for sewer hookups in the Whispering Pines & Pollard Road community; and

WHEREAS, on October 31, 2016 the City of Daphne was awarded Community Development Block Grant (CDBG) funds from the Alabama Department of Economic and Community Affairs (ADECA) for Program Year 2016 made available through the United States Department of Housing and Urban Development (HUD); and

WHEREAS, Resolution 2017-03 approved Engineering fees of $31,682 be paid from grant

funds; and WHEREAS, monies were appropriated (Ordinance 2016-71) for the required cash match in the

amount of $25,018.20 from the Capital Reserve Fund for the Sewer hookups in the Whispering Pines and Pollard Road community (total project cost was estimated to be $250,182); and

WHEREAS, bids were received and the construction bid cost of $280,680 exceeds the initial construction estimate of $218,800 (total project cost- $312,362: Construction-$280,680 + Eng-$31,682).

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, ALABAMA, that

1. An additional appropriation for the Pollard Road & Whispering Pines Roads Area Sewer

Connection CDGB Project: LR-CE-PF-16-008 in the amount of $37,162 shall be made from the Capital Reserve Fund for construction cost.

2. Authorizes the Mayor to sign all required grant documents, agreements, and other related documents on behalf of the City.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE,

ALABAMA, THIS 21ST DAY OF MAY, 2018. Dane Haygood, Mayor ATTEST: Candace G. Antinarella, City Clerk

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CITY OF DAPHNE, ALABAMA ORDINANCE 2018-19

APPROPRIATION: DAPHNE SPORTS COMPLEX PHASE 3A, 3B, 3C & ENGINEERING

WHEREAS, Ordinance 2017-77 approved and adopted the Fiscal Year 2018 Budget on October 2, 2017; and


WHEREAS, the City of Daphne has received bids for the Daphne Sports Complex Phase 3A, 3B, & 3C and monies need to be appropriated for the project; and

WHEREAS, additional phases will be bid for the completion of Recreational Facilities construction for Lott Park Improvements and the Trione Park Improvements which will be presented for approval upon completion of each phases bid process.

WHEREAS, Resolution 2016-22 was approved and adopted to provide a guideline for funding sources for the Daphne Parks; and

WHEREAS, Recreational Facilities and Ordinance 2017-18 appropriated $5,697,685 for construction of Daphne Sports Complex Phase 2 and a new appropriation is needed for Phase 3A, 3B & 3C and associated engineering fees, and

WHEREAS, Bids were received and evaluated by staff and Engineers and the following options were presented for Base Bid and Add Alternates:

Phase 3A: Fields & Appurtenances - $4,850,000 Phase 3B: Park Buildings - $1,955,000 Phase 3A & 3B: ($105,000) (Phase 3C: Deduct for awarding both Phases A & B) Add Alt 1: Bleacher Shelter (Shade Structure) - $ 100,000 Add Alt 2: Ballfield Sodding - $ 150,501 Add Alt 3A: Additional 225’ Ballfield-General -$ 370,000 Add Alt 3B: Additional 225’ Ballfield-Sod- $ 16,000 Add Alt 3C: Additional 225’ Ballfield –Dugout Kneewall-$ 22,000 Add Alt 3D: Additional 225’ Ballfield Bleacher Shelter-$ 12,500 Add Alt 4A: Additional 365’ Ballfield-General-$ 610,000 Add Alt 4B: Additional 365’ Ballfield-Sod-$ 38,000 Add Alt 4C: Additional 365’ Ballfield-Dugout Kneewall-$22,000 Add Alt 4D: Additional 365’ Ballfield-Bleacher Shelter-$ 12,500 Add Alt 5: Decorative Paving (Exhibit “A”)-$ 615,000 Add Alt 6: Dugout Kneewalls - $ 110,000

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DAPHNE,

ALABAMA, that 1) A total appropriation of $8,136,000 for the Daphne Sports Complex Phase 3A, 3B, & 3C

with an estimated amount of $7,670,000 from the 2017 Construction Fund (estimated balance remaining in the fund) and the project balance of $466,000 to be transferred from the General Fund to the Capital Reserve Fund for construction and engineering cost as follows:

a. Total Construction: Base Bid 3A, 3B and Add Alt #A1, A3A, A3C, A3D, A4A, A4C, A4D, & A6 - $7,959,000.

b. Engineering/Geotechnical Services ($172,000) & Utilities ($5,000)-$ 177,000. 2) The Mayor and Finance Director are hereby authorized to execute any and all documents and to

complete such actions as are necessary relative to the Daphne Sports Complex Phase 3A, 3B, & 3C project. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE ALABAMA this ____ day of __________, 2018. Attest: Dane Haygood, Mayor __ Candace G. Antinarella, City Clerk

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ORDINANCE 2018-21

Appropriating Funds for Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Contract No. for: Mont Clair Loop (DAP #17-002) / CR 13 (DAP #17-004)

WHEREAS, Ordinance 2017-77 approved and adopted the Fiscal Year 2018 Budget on October 2,

2017; and


WHEREAS, heavy rains associated with Hurricane Nate impacted Daphne on October 7th-8th, 2017; and

WHEREAS, as a result of such heavy rains, watersheds and their drainage systems located within the City of Daphne sustained severe damage and require emergency repairs in order to prevent further impacts to the City's watersheds; and

WHEREAS, the City of Daphne has made application with the NRCS through their EWP program for 75% reimbursement of the Damage Survey Report’s expenses incurred for such private watershed emergency repairs as described below; and

WHEREAS, the EWP Projects were selected by NRCS for funding with the City of Daphne as the “Sponsor.”

NOW, THEREFORE, BE IT ORDAINED, that:

1. The City Council of the City of Daphne deems these right of way projects key to the recovery efforts associated with this rain event and the repair of these private property watershed issues is necessary to preserve the health, safety, and convenience of the public.

2. The Fiscal Year 2018 appropriation from the General Fund in the amount of $149,288.79 Agreement budget details are show below.

DSR # Description

Original NRCS DSR Project Totals 75% NRCS

25% City Match

Total City Engineering Minus 7.5% NRCS Contingency

Total Project Cost

DAP-17-002 MontClair $152,996.00 $114,747.00 $38,249.00 $17,594.54 $38,249.00 $94,092.54 DAP-17-004 CR 13 $89,750.00 $67,312.50 $22,437.50 $10,321.25 $22,437.50 $55,196.25

Totals $60,686.50 $27,915.79 $60,686.50 $149,288.79 3. The Public Works Director or the Mayor is authorized to coordinate application with the

NRCS for the reimbursement of such funds and to sign and execute all documents associated with the described projects.

APPROVED AND ADOPTED by the City Council of the City of Daphne, Alabama, this ___ day of May, 2018. Attest: Dane Haygood, Mayor Candace Antinarella, City Clerk

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