The URL can be used to link to this page

Home My WebLink About07-13-2005 Regular Meeting• O� STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Wednesday, 13 July 2005. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. No one was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and City Clerk/Treasurer Geniece W. Johnson, gave the invocation. Councilmember Quinn moved to approve minutes of the 27 June 2005, regular meeting. Seconded by Councilmember Christenberry, motion passed by the following voice votes: AYE- Quinn, Stankoski, Christenberry, and Ford. NAY -None. Abstain -Gentle. Councilmember Christenberry moved to approve minutes of the 8 July 2005, special City Council meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Mayor's Comments: City Administrator James Gillespie presented a power point presentation of a study to generate more revenues for the City of Fairhope. This presentation is part of the alternative revenue sources that the City Council asked the Mayor to research. City of Fairhope Sales Tax Estimates Sales Tax Revenue Study Based on a 2% Sales Tax Based on a 1% Sales Tax Estimated Total $3,000.000.00 $1,500,000.00 Generated by: Grocery Stores, Pharmacies, Restaurants $1,905,000.00 $952,500.00 Hotels $220,000.00 $110,000.00 All Other Businesses $875,000.00 $437,500.00 3589 13 July 2005 Mr. Gillespie stated that he believed that his figures are low, and there would be some cost associated with collecting a sales tax by the state and/or county. If the City collected a sales tax, additional staff would have to be hired. Councilmember Christenberry expressed that this is an unpleasant report and no one on this council is looking to pass a sales tax. The City Council is just looking into possible ways of increasing revenues. Mayor Kant stated that he will continue to have staff look at all possible revenue sources for the City and make a list for the City Council to decide on. Christopher Baker, Planning Director, addressed the City Council with a power point presentation on Drainage Efforts. City Drainage Projects ■ Fairhope Intermediate School at Bishop currently being engineered to alleviate drainage issues on Fairhope Ave. ■ Volanta Ball Park is being evaluated in order to design additional SWM capacity — new structures — i.e. pool have created additional runoff ■ COF has approval from ALDOT for improvements at Nichols and Greeno Road Boothe Rd. ■ Boothe Rd. North of 44 has water that overtops to roadway. ■ The existing ditches need to be cleaned and stabilized. ■ This is a County road and the City has requested that these be cleaned. Drainage South of 44 Bridge ■ Prior to 2001 the outflow from Fairfield Lake was impeded and very slow. ■ As a result of engineer recommendations the City cleaned the outflow and constructed a better "channel' ■ The City did this in house ■ As a result improvement has been made in the flooding and backing up of water at the outfall Winn Dixie Pond ■ Tommy Long has been in touch with FSTC ■ It appears from preliminary research that the pond is part of the lease. ■ The pond appears to not be owned or leased to the City ■ ALDOT directed H2O from Greeno to this pond ■ Tommy Long will be contacting the lease holder. BCBOE ■ Staff has been in touch with representatives of BCBOE regarding drainage at High School ■ BCBOE is aware of issue ■ New School / Facility construction will include additional SWM facilities that meet City requirements. FSTC ■ Staff has been in touch with FSTC and Volkert Engineering in order to verify that the Colony Place SWM systems are functioning as designed. ■ This is in process 3590 13 July 2005 Beverly ■ New facility being constructed on 44 ■ Staff sent SWM engineering out for "3`d party review" ■ Some deficiencies in the original design were found and corrected Drainage Standards ■ In 2002 new Subdivision Regulations were adopted ■ This included revised SWM requirements ■ It requires that the same assumptions and calculations be used by all engineers. ■ There have been little issues with drainage in developments built since 2002 Drainage Standards ■ Prior to 2002 ponds were to hold the 25-year storm event. ■ This meant that smaller, more typical, events were not detained and just passed through. ■ Post 2002 outfall structures are constructed to handle the 2, 10, 25, 50, and 100 year storm event Drainage Requirements ■ Drainage infrastructure is required with new development — i.e. subdivisions. ■ Subdivision approvals, by state law, fall only under the purview of the PC. ■ PC establishes standards and requirements. ■ CC funds brick and motar type City projects recommended by PC Typical PC Requirements ■ In last 3 years PC in areas where there are significant questions have: ■ Required 3`d party review and evaluation of design ■ Required FFE elevations ■ Required individual lot grading plans ■ Required gutters to more appropriately handle water ■ Tabled developments ■ Denied development that did not meet city requirements PC Limitations ■ PC is bound by its rules ■ PC can only deny a development request if it does not meet City requirements ■ PC can only table a subdivision 1 time for no more than 30 days — state law. ■ PC operates within the narrow allowances of state law when it comes to subdivisions --- State law is restrictive. Jurisdiction ■ The County cannot impose drainage requirements on building permits ■ This is one of the reasons why COF took over permitting outside of City Limits ■ This has worked to the City's benefit i.e. -- Beverly project Storm Water Team ■ City actively participating in Storm Water Team established by Hon. Steve McMillian ■ Working to establish the same county and municipal drainage standards ■ This will ensure continuity in design, capacity, and outflow. ■ Proactive step to work across jurisdictional lines ■ Hon. Steve McMillian should be commended 3591 13 July 2005 Mayor's Blue Water Task Force ■ Mayor and Dick Charles PC Chair ■ Engineer, Realtor, Developer, PC Members, Citizen, and Tommy Long will be involved to advise the PC on changes to be made ■ Mayor I" Issue is to define what a drainage problem is. ■ Drainage problems are now subjective Ron Heveran will be added to the Mayor's Blue Water Task Force. Mr. Heveran serves on the Environmental Advisory Board. Chris Browning, Chief of Police addressed the City Council with a power point presentation on: Speeding, False Burglar Alarms and Sex Offenders. SPEEDING: ■ Warning tickets ■ Speed trailer ■ Warning Database ■ Uniform Traffic Citations ■ Dedicated Traffic Officer Our current program: Speeding causes 5 basic types of harm: ■ It makes citizens fear for children's safety; ■ It makes pedestrians and bicyclists fear for their safety; ■ It increases the risk of vehicle crashes; ■ It increases the seriousness of injuries; ■ It increases noise. Speeding increases the risks of crashes and injuries: ■ Drivers are more likely to loose control of the vehicle; ■ Vehicle safety equipment is less effective at higher speeds; ■ Stopping distance is greater; ■ The vehicle travels farther during the reactionary time; ■ Crashes are more severe. 3592 13 July 2005 FACTORS ■ The force of impact on the human body is more than one-third greater at 35mph than at 30mph. ■ Each 1-mph reduction in average speeds translates roughly to a 5 percent reduction in vehicle crashes. ■ Speeding is a contributing factor in about one -eighth of all crashes and in about one-third of all fatal crashes RESPONSES ■ Traffic calming devices: road narrowing, putting bends and curves in the road, road humps, adding traffic deflections or making the road appear that it is narrowing, raise pedestrian crosswalks, planting foliage along roadsides, traffic circles and roundabouts. RESPONSES ■ Warning signs and signals: painting "SLOW" on the road surface, strobe or flashing lights, etc..; ■ Education; ■Informing complainants about actual speeds. ENFORCEMENT RESPONSES ■ Long-term changes in drivers' attitudes toward speeding depend on drivers' perceived risk of being stopped. However, a considerable investment of resources is required to significantly increase the risk of being caught. ■The public generally supports speed enforcement, especially in residential areas and other areas where children are present. Speed enforcement works best if: ■ Drivers believe it will occur; ■ It has meaningful costs to offenders; ■ Police apply it generally, rather than at specific times and locations, and; ■ Drivers are not tipped off by cues as to when it is or is not happening. SPEED CAMERAS? ■ Speed cameras, also referred to as photo radar, are cost effective in reducing speeds, crashes, injuries, and fatalities, particularly when detected violations are prosecuted 3593 13 July 2005 RESPONSES (CONT.) ■ More speed trailers or speed signs; ■ Arresting the worst offenders. ■ Increasing fines and penalties: Court cost is currently $109.50; the fine for speeding is $20.; and the fine for aggravated speeding is $40. ■ For comparison, we issued 3,894 traffic citations in 2004. ■ Reducing speed limits; ■ Erecting stop signs; ■ Installing speed bumps or rumble strips. FALSE BURGLAR ALARMS: NOT RECOMMENDED THE PROBLEM ■ 98% of all alarm calls — are false; ■ In other words, reliability of alarms is generally only 2'0. ■ Statistically, 10 to 25 percent of all calls to the police are false alarms. ■ During 2004, Fairhope police answered 1,477 alarm calls, accounting for 546.49 hours out of service. THE PROBLEM ■ Compared to 1,330 during 2003; 420.10 hours spent; a 23% increase ACTUAL COST ■ When you add Salaries, benefits, equipment, vehicles, Gasoline, etc. and multiply that by the number of hours spent on alarm calls during 2004, the ACTUAL COST WAS.......... ■ Are you ready? $46,446.19 3594 13 July 2005 SOLUTIONS ■ Requiring alarm companies to visually verify alarm legitimacy before calling police. ■ Charging a fee for service for all false holdup, duress and panic alarms. ■ Establishing a fee for service for excessive false alarm calls. SOLUTIONS ■ Establishing an ordinance with escalating fines for false alarms. ■Publishing alarm companies false alarm rates. Other hidden costs within the Police Department: JUSTICE CENTER DEBT Depreciation Utilities Totals FY-to date $157,794.66 $107,072.90 $31,855.46 $296,723.02 Avg. monthly cost $19,724.33 $13,384.11 $3,981.93 $37,090.37 SEX OFFENDERS: CURRENTLY ■ 11 ADULT CONVICTED SEX OFFENDERS WITHIN THE POLICE JURISDICTION. ■ 6 JUVENILE CONVICTED SEX OFFENDERS WITHIN THE POLICE JURISDICTION. Councilmember Quinn introduced in writing Ordinance No. 1256, an ordinance setting the cost for Montrose area, Phase I only, sewer assessment at $17.50. This assessment cost only applies to Sea Cliff drive to Parker road and from Parker road to lift station. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1256. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford introduced in writing and moved for the adoption of the following resolution, a resolution accepting the public streets, public right-of-way, and all of Fairhope's public utilities within Hollow Brook Subdivision Phase I for maintenance. Seconded by Councilmember Christenberry, motion passed unanimously. 3595 13 July 2005 RESOLUTION NO. 1119-05 WHEREAS, the Owners of Hollowbrook Phase I desire to have all public streets and public right-of-way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama on Slide 2141-F, 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 as indicated on the recorded plat, and; WHEREAS, the General Superintendent has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, is not and in no manner will be responsible for the maintenance of common areas in the subdivision as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of Hollowbrook Phase I maintenance bonds for the public improvements constructed for a period of 2 years, to expire on December 9, 2005, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the public improvements indicated herein for Hollowbrook Phase I are hereby accepted for public maintenance subject to the bond posted. Adopted, this the 13th day of July , 2005 Mayor Attest: 14 /Geniece7 Johnso City Clerk/Treasurer 3596 13 July 2005 Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution amending the Waste Water Identification Grant by extending to September 30, 2005. Seconded by Councilmember Stankoski, motion passed unanimously. RESOLUTION NO: 1120-05 WHEREAS, pursuant to Resolution No.1023-04 the GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute an agreement between the City of Fairhope and Alabama Department of Conservation and Natural Resources, State Lands Division for the Fairhope Geographic Information System Enhancement and Wastewater Treatment Mapping Project. This project is funded by a grant in the amount of $7,500.00. The City shall be responsible for a cash or in -kind match of $7,500.00. The scope of services is listed in detail as Attachment A. WHEREAS, this amendment is effective as of the 301h day of September, 2004 by and between the Alabama Department of Conservation and Natural Resources, State Lands Division, and the City of Fairhope. Each party hereto agrees to amend the original Contract to extend the duration. The City of Fairhope shall commence performance on this Contract on October 1, 2003, and shall complete performance to the satisfaction of Alabama Department of Conservation and Natural Resources, State Lands Division no later then September 30, 2005. APPROVED THIS THE 13th DAY OF JULY , 2005. M. Want, Payor ATTEST: Gemece W. Johnson, ity lerk/Treasurer 3597 13 July 2005 City Council reviewed an application Restaurant Liquor License by Jorge M. Torres, dba Los Taco (J.T. S. American Inc.), located at 18983 Greeno Road Suite B, Fairhope, Alabama. Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Ford moved to pay bills as presented. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Billy Michalopoulos addressed the City Council to announce the skateboard demo and bicycle safety rodeo. These events are scheduled for August 20th. Councilmember Quinn has been asked to look into a grant for a skateboard park. Councilmember Ford recommend that Councilmember Quinn work closely with the Recreation Department and attend the Recreation Board meeting to discuss the requirements for the skateboard park since the Recreation Department will be the department manning this park. There being no further business to corn be ore the City uncil the meeting was duly adjourned at 6:40 p.m. Robert C. Gentle, Council President