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Home My WebLink About09-12-2005 Regular Meeting3638 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 Monday, 12 September 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 Assistant City Clerk/Treasurer Tyron D. Hoskins. City Clerk/Treasurer, Geniece W. Johnson, was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Dr. Jerry Henry of First Baptist Church gave the invocation. Councilmember Stankoski moved to approve minutes of the 12 September 2005, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Council President Gentle called on Joe Birindelli. Mr. Birindelli and his wife Sissy Scott have been in Iraq for four months. He presented to the City of Fairhope an American Flag that was flown over the U. S. Embassy in Mosul, Iraq. Mayor Kant thanked him for all of their hard work and dedication. Mr. Birindelli stated that the Veteran's Day Parade will be held on Friday, November 11, 2005, and asked for the City's support. Council President Gentle asked that he get with Chief Browning on organizing the parade. Councilmember Ford made a motion to allow the City of Fairhope to support the Veteran's Day Parade. Seconded by Councilmember Christenberry, the motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: • Mayor Kant thanked the staff for all of their hard work during Hurricane Katrina. He also stated that Baldwin County Commission would like to work together on the international building codes for rebuilding after Hurricane Katrina. • Mayor Kant briefly discussed the proposed fee increases. He stated that he can't continue to provide garbage at $7.80 when it costs about $8.00 more. This increase would help with putting the automated trucks in use. He further stated that the proposed alarm fee ordinance would help with the expense of having to send officers out to guard these buildings. Sometimes the officers are out there for over an hour. • Mayor Kant met with Larry Thomas, with Fairhope Single Tax Corporation, to discuss rebuilding the old police station. They would like to build a history museum there and thinks this will be a great asset to the City of Fairhope. 3639 12 September 2005 ' Mayor Kant stated that he has instructed the Planning and Zoning Commission to make sure that large commercial projects don't impact the City. He stated that the City needs more input in order to maintain some control. ' Rose Fogarty and Nancy Wilson presented the following power point presentation on budget adjustments for fiscal year ended September 30, 2005. Mayor Kant added that these figures include the $1,500,000.00 library pledge and that the City still does not have any money. POWER POINT PRESENTATION ON NEXT PAGE 3640 12 September 2005 CITY OF FAIRHOPE BUDGET ADJUSTMENTS FISCAL YEAR ENDED SEPTEMBER 30, 2005 CITY COUNCIL MEETING SEPTEMBER 12, 2005 CITY OF FAIRHOPE BUDGET ADJUSTMENTS FISCAL YEAR ENDED SEPTEMBER 30, 2005 2005 HAS BEEN A YEAR OF MANY FISCAL CHALLENGES -HURRI CANE IVAN -AP RIL ibT FLOOD -T ROPICAL STORM CINDY -HURRI CANE DENNIS -HURRI CANE KATRINA GENERALFUND ADJUSTMENTS TO BUDGET FISCAL 2005 GENERAL FUND ADJUSTMENTS - REVENUES SUM-5 sumo —T— y MD MOJlCTM)N R-8 ARwM T.— 2M11,113 -1SB,360 2.TNd33 L—T... W2, 112,3.1 014,305 Llunu.N.mib 2,130,219 -120.373 2,001,M6 FIr,..IFM.Rw.. 252,= 86.SB6 ]11,606 M,l1 R... Inmm. 46,000 -5,301 40.7.9 12..— 15,233 1010.9 Ub Oorwrm.nl t0A00 me" M", Ir2.nM.M Rmb 2..— 30,J11 260.].1 ab bR.nlo 162.— 16,T0.1 10,503 C ,RN.n.. 202, 0 3369.— ].bn,12. C,oWl —FI. 4.1,1n 401,178 T.I. 7.wt.a2 4,077.M 1t,anpn 12 September 2005 3641 GENERAL FUND ADJUSTMENTS— REVENUES AND TRANSFERS REVENUEJT—WER SUMMARY DUDG[T BUDGET YEAREND 200E ADJUSTMENT PROJECTION REVEMUES TRANSFER FROM —I.. 4.294.00E -1.626 4,—..1 TOTAL REVENUES AND TRANSFERS 1/,)0).651 ],630,6)1 15,8]),822 GENERAL FUND ADJUSTMENTS - EXPENDITURES EDENGnu1Ml BUDGET gJARfIMNiB LY AOJWNtM DIfRK DG]E1IXYFM ze0eA0E BWOR PROJLCIDN ],f14022 4RU.W FOUR[ zMR.W 1140M z0)z012 FARE E1.- RBGFATE. M1.- 0 ]zw E14]M .a,sI ADULTReOREATDx Mom tRQR 2W]s a A2E10 Sea]e5 25e4e2➢ BAMTATIOX Mzs1 NRPORT )4002 21/ e17.WO B)AFF AGexan sow -aJ.3)e szME DEBT—ael,aa0 az10e 1.na+w anlERcve6au G. 0 11am0 TOTAL EVENpNRb 11,/)0.EM ].W0.)E1 14Y4MT GENERAL FUND ADJUSTMENTS- REVENUES AND EXPENSES BUDGET BUDGET YEAH END Saa ADJUSTMENT PROJECTION TOTAL REVENUES +L)D.e61 ].6sA)1 +ED).e22 TOTALUMBEB .11AM.sE SM6A1 .1 S,b0,]/) ERCEBSREVENUEE ovu ExPE IBEE ]16.]ea •1/1,060 m�Te PROPRIETARY FUNDS ADJUSTMENTS TO BUDGET FISCAL 2005 36.42 12 September 2005 GOLF FUND ADJUSTMENTS E000R MIODR YlAII EED xaee ADmerrExr MDJEtImx TOTK E[KMU[D 1,Jm,m1 -tm,ea 1.xMNJ rorwcvrExseE t,Ja,xet ax..n t.xnlaJ fMMtxl0. fll0Y OxEMTlgle a.em 1.aJ.10 .mA.O GAS FUND ADJUSTMENTS 0.110DET wOOR TG11lXO 10De ADJWTYlIR x0.D1[DItON Imt'[MXm 4]a.]m la.m] eAm?U DOET Ol EiIIOT i,1ex.].i e].]t ]I>d.et] pRMeU i0m.%T �10.on 2010.ee1 lAefleYW im]Y OPOIATpMe t,ta.ete us.em 1}ex,te0 nuxEEEEaroDExeJui wxo eee.xa mesa. t,or.ne xR UExtxD! tn.at teat tex,ixx ELECTRIC FUND ADJUSTMENTS tunR hr oo xaw Aoxuer]mR rxotEc]mx xetmxuu txom.tm mamx txam.tm DDerd aexov a.ew.ms eeaeu ].] w axrctnrE ],mmo u,mD x,]axe! EAEtEwerxor otsEATxxu t,sm2ae a]t.tu t,t]e,ui rEAxErw rooExuA�nxm t2ee.am sD.tn em.eeo xR [AExtxOE xmas �e.m] no,eu WATER FUND ADJUSTMENTS E000R E000[T vuRerw ea Awus]eexr rEo]eamx EEVEJeKE ]]Ee?m xtt.Ea 1}alet CgrOi plllOv 1+0.>m dxte Iet.at !erlun .,]seen txeem ..JOt.ta WINMOl FRDR OYGATIdIE 3]aAR ]t.ai x,xa,me rEAxlEluroaExeEAt wxo x.at].eea .tt.or] x.om.eu xR EAuems :m.]u extDe ieJ,eex etAJDR/UDM ADJWTMI :Mn YutrtlxAxDE Ef KM:Eit).— 3643 12 September 2005 COMBINED PROPRIETARY FUNDS ADJUSTMENTS luobn euoan mee eMltiltMf iMOJ[LTMIM im�ExuEb n.in.tbe s..on n.snm DasT ai Mrteur +o,u].aT o..n] ii,oex.au exrlwu ]zees ii.�.]v wwerobibor arMumMb e,oie,ea aiase .,eN,om TR1MeFlMl TD DEMFlU1L iYMD ]Be.00e T7),e3e ..eN.bt MET LAIblegt ,Tttd9 aen] Ne,Ne NOTE: EXPENDITURE ADJUSTMENTS EOUAL.62%. COMBINED TOTALS ALL CITY FUNDS COMBINED TOTALS -ALL CITY FUNDS 6YD0[T 6110OR YEM [fiD mee IDAMTeeEMf lMGKRpX •eviiuee e.Aee.oee .nt.ne s.tm..]. ixrlxEEa at.axw ..eee,nt oe,o+zeN levrauei Diew Pl+DEA weMeEe t,om,m .aE.]N ne,em CITY OF FAIRHOPE BUDGET ADJUSTMENTS FISCAL YEAR ENDED SEPTEMBER 20, 2006 2005 HAS BEEN A YEAR OF MANY FISCAL CHALLENGES -HURRI CANE IVAN -AP RIL 1ST FLOOD -T ROPICAL STORM CINDY -HURRI CANE DENNIS -HURRI CANE KATRINA 3644 12 September 2005 A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Ford introduced in writing Ordinance No. 1263, an ordinance to re -zone the property of Paul W. Brock Trust, John R. Goodloe, III, and T. Massey Bedsole from R4-Multi-family to B2-General Business. This property is located at 19 South Summit Street, Fairhope, Alabama. The Planning & Zoning Commission recommended approval of this ordinance. Council president Gentle opened the Public Hearing at 5:56 p.m. • Dan Denton B Via letter to Council President Gentle - Mr. Denton expressed his objection to the parking for this location. Council President Gentle closed the Public Hearing at 5:57 p.m. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1263. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing Ordinance No. 1264 an ordinance to re -zone the property of Michael M. Thompson from R-3 Single Family (Non -conforming) to R-4 Multi -family. This property is located at 803 South Mobile Street, Fairhope, Alabama. The Planning & Zoning Commission recommended approval of this ordinance. No one present was opposed to this amendment. In order to take immediate action Councilmember Ford moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Christenberry moved for final adoption of Ordinance No. 1264. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. 3645 12 September 2005 Councilmember Christenberry introduced in writing Ordinance 1265, an ordinance amending Ordinance No. 1015, increasing court cost from $15.00 to $31.00. The increase will go to the Corrections Fund. In order to take immediate action, Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Ford moved for final adoption of Ordinance No. 1265. Seconded by Councilmember Stankoski, motions for final adoption passed by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Christenberry introduced in writing an ordinance amending Ordinance No. 1044, increasing sanitation and trash collection and disposal fees. Jennifer Fidler, Public Works Director, explained that the $7.80 that the City is currently charging does not cover trash. It's for garbage and recycle only. It cost the City $400,000.00 a year for trash. Ms. Fidler stated that the City landfill will be closing in about a year and would like to use the increase for a new landfill and equipment. Councilmember Ford inquired as to if the City is using the gulley by the K-1 Center to dump limbs and leaves and also why not use incineration. Per Ms. Fider, the gullies are being used, but the trash and garbage isn't separated. She does not have the manpower and equipment to separate it and the incineration would cause concern with air pollution. Council President Gentle inquired as to if the increase is in line with what other cities are charging. The City will still be under what other cities are charging. Councilmember Christenberry stated that the City should be careful on increasing fees, because you don't want to overwhelm the citizens. Councilmember Stankoski felt that the City can't continue providing a service that we can't pay for, and if the money can't come from utility transfers then it has to come from somewhere. This ordinance will layover and come before the City Council for final adoption at the next regular City Council meeting. Marion Wynne, City Attorney, left meeting at 6:17 p.m. Councilmember Christenberry introduced in writing an ordinance adopting a new Burglar Alarm Ordinance and repealing Ordinance No. 685 Resolution of Burglar Alarm Systems. Chris Browning, Chief of Police, went over the following Burglar Alarm summary: • Purpose is to encourage alarm users and companies to properly use and maintain systems in order to improve reliability and reduce false alarms -recover some of the operating costs. • Residential and businesses with alarms must register their alarms each year $25.00 each. —Critical information and updates will be obtained. • Key holder must be able to respond within 15 minutes. 3646 12 September 2005 • Written operating instructions and written instruction on how to avoid false alarms must be provided by alarm companies. • We will notify residents and businesses 30 days prior to their expiration date. • Audible alarms (sirens) will not sound longer than 10 minutes. • Alarm users must have systems inspected after (2) two false alarms within a one year period — after 4, the system must be altered. • Alarm companies must only install (new) alarm panels which are S.I.A. standard CP-01 compliant. • After installation, false alarm prevention checklist must be completed. • No response request will be sent to us within the first 7 days with exceptions. • No response request will be made until the alarm is "verified" with exceptions. • Records must be maintained by the alarm company for one year. • All alarm companies must purchase a Fairhope business license. • The Chief may require a conference with the alarm user and company to review circumstances of a false alarm. • Courtesy letter will be sent to users who have false alarms. • Fines 1 - $0 2 - $25.00 3 - $50.00 4 - $75.00 5 or more - $100.00 Any non -registered alarm - $100.00 On -site employee false alarm- $100.00 Company failure to verify alarm-$100.00 False statement by alarm company $200.00 • Appeal process • Suspension of response: 5 or more false alarms with exceptions False statements Failure to pay fines Items to consider: • Make ordinance apply to Fire Department also • Increase permit fee • Increase business license fee • Make fines apply also to /or more towards alarm companies • Increase fines • Reimburse officers/city for their standby time at alarms Councilmember Christenberry made a motion for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration did not pass by the following voice votes: AYE: Stankoski, Christenberry, Ford and Gentle. NAY: Quinn. This ordinance will layover and come before the City Council for final adoption at the next regular City Council meeting. Councilmember Ford introduced in writing and moved to accept the following resolution, a resolution authorizing Mayor Kant to amend the 2004-2005 budget. Seconded by Councilmember Christenberry, motion passed unanimously by voice votes. 12 September 2005 RESOLUTION NO.1236-05 3647 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA that Mayor Timothy M. Kant is hereby authorized to amend the Working Budget FY 2004-2005, as recommended by staff. Adopted this 12`h day of September, 2005. Attest: Geniece W. Johnson, C' Clerk/Treasurer Councilmember Ford introduced in writing and moved to accept the following resolution, a resolution authorizing a Fifth Amendment to the lease with Teledyne at the H. L. "Sonny" Callahan Airport. Seconded by Councilmember Christenberry, the motion passed unanimously by voice votes. RESOLUTION NO. 1237-05 FIFTH AMENDMENT TO LEASE AND AIRPORT OPERATION AGREEMENT This Fifth Amendment to Lease and Airport Operation Agreement (this "Fifth Amendment") is entered into as of the 12`h day of September, 2005, by and between the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama ("Lessor"), and Teledyne Continental Motors, Inc., a Delaware corporation ("Lessee"). RECITALS: WHEREAS, Lessor and Teledyne Continental Motors, a division of Teledyne Industries, Inc., a California corporation ("Teledyne"), entered into that certain Lease and Airport Operation Agreement dated June 28, 1995 (the "Original Lease"); fc . 12 September 2005 WHEREAS, Lessor and Teledyne entered into that certain First Amendment to Lease and Airport Operation Agreement dated June 28, 1997 (the "First Amendment"), whereby the parties thereto amended the Original Lease; WHEREAS, Lessor and Teledyne entered into that certain Second Amendment to Lease and Airport Operation Agreement dated November 25, 1998 (the "Second Amendment"), whereby the parties thereto amended the Original Lease; WHEREAS, Lessor and Teledyne entered into that certain Third Amendment to Lease and Airport Operation Agreement adopted by Resolution 633-99 of the City Council of the City of Fairhope, Alabama on April 26, 1999 (the "Third Amendment"), whereby the parties thereto amended the Original Lease; WHEREAS, Lessor and Teledyne entered into that certain Fourth Amendment to Lease and Airport Operation Agreement dated September 27, 1999 (the "Fourth Amendment"), whereby the parties thereto amended the Original Lease (the Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment, is hereinafter referred to as the "Lease"); WHEREAS, in accordance with notice dated December 20, 2001 and confirmed and consented to by Lessor on April 15, 2002, Teledyne assigned all of its right, title and interest in and to the Lease to Lessee, and Lessee and took the place of the original lessee under the Lease; and WHEREAS, Lessor and Lessee have agreed to amend the Lease in accordance with and subject to the terms and conditions of this Fifth Amendment. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and undertakings set out below, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. REDUCTION OF PREMISES. Article II of the Lease, entitled "Leased Premises," is amended by deleting that certain portion of the Premises (as that term is defined in the Lease) shown and depicted on Exhibit A attached hereto and by reference made a part hereof (the "Deleted Premises"). The parties agree that effective as of the date of this Fifth Amendment, the Deleted Premises are excluded from the Premises. Notwithstanding anything contained herein to the contrary, Lessee acknowledges and agrees that Lessor shall be free to construct improvements on the Deleted Premises and otherwise use the Deleted Premises for any purpose Lessor deems necessary. 3649 12 September 2005 2. AMENDMENT OF REQUIRED SERVICES. Article III.A.2 of the Lease, captioned "Required Services," is amended by deleting the first sentence thereof and insert in lieu thereof the following: Lessee agrees to provide those services set forth in the Proposed Business Plan for Operation of the Fairhope Municipal Airport submitted to the Fairhope Airport Board, except for those services incorporated by reference into the Proposed Business Plan from Section 6.e. of the Minimum Standards for Fixed Base Operators at Fairhope Municipal Airport captioned "Aircraft Rental and Sales." 3. ASSIGNMENT TO AIRPORT AUTHORITY. Lessee acknowledges that Lessor has authorized the incorporation of the Fairhope Airport Authority, Inc., a public corporation organized under the laws of the State of Alabama (the "Authority"), and that the Authority was incorporated pursuant to the filing of its Certificate of Reincorporation dated the 251h day of March, 2003, and recorded as Instrument Number 718863 in the records of the Office of the Judge of Probate of Baldwin County, Alabama. Lessee further acknowledges that Lessor intends to (i) convey the real property constituting the Airport (as that term is defined in the Original Lease) and (ii) assign all leases and contracts connected therewith, including, but not limited to, the Lease, to the Authority, with the Authority agreeing to assume all obligations of Lessor there under (collectively, the "Assignments"). In connection with the Assignments, Lessee shall execute such acknowledgments and other documents as are reasonably necessary to accomplish the Assignments. 4. RATIFICATION OF LEASE. Except as expressly set forth herein, all terms of the Lease shall be and remain in full force and effect. The Lease as herein amended is hereby ratified and affirmed as of the date hereof. 5. MISCELLANEOUS. A. Entire Agreement. This Fifth Amendment sets forth the entire agreement of the parties respecting its subject matter and may be altered or amended only by written instrument executed by both parties. B. Governing Law. This Fifth Amendment is to be construed in accordance with the laws of the State of Alabama. C. No Current Default. Lessor acknowledges that upon effectiveness of this Fifth Amendment, Lessor is not aware of any default by Lessee with respect to its obligations under the Lease. 3650- 12 September 2005 D. Counterparts. This Fifth Amendment may be executed in multiple counterparts, and each such counterpart shall be considered an original, but all of which together shall constitute one and the same agreement. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA that Mayor Timothy M. Kant is hereby authorized to execute a Fifth Amendment to the lease with Teledyne at the H. L. "Sonny" Callahan Airport Adopted this 12`h day of September, 2005. Councilmember Stankoski introduced in writing and moved to accept the following resolution, a resolution authorizing a 4% Cost of Living increase for City Retirees. Seconded by Councilmember Ford, motion passed unanimously by the following voice votes: AYE- Stankoski, Christenberry, Ford and Gentle. RECUSED — Quinn. NAY -none. RESOLUTION NO. 1238-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the City of Fairhope elects to come under the provisions of Section 6 of Act 316 of the regular session of the 2005 Legislature. The City of Fairhope agrees to provide all funds necessary to the Employee's Retirement System to cover the cost of the increase as provided for by said Act for those eligible employees who participated in the Employee's Retirement System of Alabama and retired from the City of Fairhope or their eligible beneficiaries with the aforementioned increase being effective with the October 2005 benefit payments. ADOPTED THIS 12`s DAY OF September, 2005. Tim y M. ant, Mayor Attest: Geniece W. Johnson, City / er reasurer 3651 12 September 2005 Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Stewart Engineering to provide engineering services to Upgrade Young Street Substation and add second Feeder and Transmission Line Work. This will be paid by the Fuel Adjustment Fund. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1239-05 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA that Mayor Timothy M. Kant is hereby authorized to execute an agreement between the City of Fairhope and Stewart Engineering to provide engineering services to Upgrade Young Street Substation and add second Feeder and Transmission Line Work. This service shall cost approximately $65,750.00 and will be paid by the Fuel Adjustment Fund. ADOPTED THIS ADOPTED THIS 12`h DAY OF September, 2005. 11 thy M. ant, ayor Attest: Geniece W. Johnson, City erk/Treasurer 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 Ellington Place Subdivision for maintenance. Seconded by Councilmember Christenberry. The Planning and Zoning Commission approved this subdivision with the following exceptions: 1. No fences over easement 2. Gutters to the street 3. Engineer has to sign off on each lot before a certificate of occupancy is issued Council President Gentle and Councilmember Ford inquired as to who would be responsible for the drainage problems once the City accepts this subdivision for maintenance, the developer or the City of Fairhope. Council President Gentle called on Ack Moore, with Moore Engineering, the engineer for this project. Mr. Moore stated that the established elevation will be on the plat and the builder would have to comply with the elevation and the drainage to the curbs. 36,52 12 September 2005 Per Mr. Moore, there shouldn't be a problem as long as elevation is met. He will establish the grade before the slab is poured, but he's not responsible for the building of the houses. Councilmember Christenberry stated that we need to establish the order of liability, because this is a tender location. Mr. Moore stated that the City can authorize him to go out after the house has been constructed. Council President Gentle feels that the same engineer that set the elevation should be the same engineer to inspect the project. According to Mayor Kant, no certificate of occupancy will be issued until all exceptions are met. If changed by the homeowner or developer, then they're responsible. The motion to accept Ellington Place Subdivision for maintenance passed unanimously by voice votes. RESOLUTION NO. 1240-05 WHEREAS, the Owners of Ellington Place Subdivision 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 2221-A, 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 Ellington Place Subdivision 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 Ellington Place Subdivision are hereby accepted for public maintenance subject to the bond posted. Adopted, this 121h day of Attest: Gemece W. Johnson, City C — reasurer Councilmember Stankoski made a motion to request that the Planning and Zoning Commission consider creating requirements to have reviews of lot grading and finished floor elevations on all subdivisions. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 3653 12 September 2005 Council President Gentle called on Ack Moore for discussion on the repair of the pier that was damaged by Hurricane Ivan. Mr. Moore is the engineer for this project. According to Mr. Moore, the damages by Hurricane Ivan were 80% complete, but the pier has now been damaged by Hurricane Katrina. He estimates about $85,000.00 of the repairs completed from damages by Hurricane Ivan were damaged by Hurricane Katrina. Mr. Moore stated that they needed to go under the pier to check for damages. He estimates around $2 million in damages. Mr. Moore explained that per Aaron Norris, the City's Electrical Superintendent, they need to check the conduits, which are located in the north part of the slab. Mr. Moore stated that the City can call an emergency and extend the prices from the original contract with Morgan Dredging and Piledriving, Inc. There will not be any mobilization costs, but there will have to be some dredging so that he can move in close to the pier to put the slabs back. Reusing the slabs depend on the condition there in. This project will need further investigations. Council President Gentle stated that the builder's risk insurance was deducted from the original contract saving the City and FEMA $60,000.00. The insurance would have covered Morgan Dredging and Piledriving, Inc. $900,000.00 but only $85,000.00 in damages were done. Morgan Dredging and Piledriving, Inc. is receptive of adding new damages to the contract. The only expense for re -mobilization is moving the crane in and out. Council President Gentle also inquired as to whether or not the Corp of Engineers will allow this. Mr. Moore has placed several calls to the Corp, but has yet to receive a response. Council President Gentle stated that we need to find out if FEMA will allow us to call this an emergency. If declared an emergency, the same contractor may be used. If FEMA will not consider this an emergency, then the contract will need to be re -bid. Mayor Kant stated that he would like to make improvement to the pier, such as replacing the railing, renovating the restrooms, some lighting changes, and maybe adding benches. He asked that the Council consider these improvements. Councilmember Ford made a motion to declare an emergency and stating that the City nor the contractor has insurance, extend original contract, and request that ADEM and the Corp of Engineers amend the original permit, all contingent on FEMA paying for the repairs. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Quinn made a motion to reappoint Ben Barnhill, Bill Baldwin, Marc Miller and Mike Lyons to the Parking Authority Committee for a three-year term. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Quinn made a motion to appoint Teddy Joe Faust as an alternate to the Board of Adjustments and Appeals. Seconded by Councilmember Christenberry, motion passed unanimously by voice votes. 3654 12 September 2005 Councilmember Christenberry made a motion to approve bills payable. Seconded by Councilmember Quinn, motion passed unanimously by voice votes. There being no further business to come for the City Council the meeting was duly adjourned at 7:21 p.m. Robert C. Gentle, Council President -Oait'q�z- Tyro . Hoskins, City Clerk/Treasurer Assistant