HomeMy WebLinkAbout11-28-2005 Regular Meeting3707
STATE OF ALABAMA X
COUNTY OF BALDWIN X
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, 28 November 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 Farther Gordon Milsted, Pastor of St.
Lawrence Catholic Church, gave the invocation. Councilmember Ford moved to approve
minutes of the 14 November 2005, regular meeting. Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
Mayor's Comments and Staff Reports:
• Sherry Sullivan announced that the Christmas Parade would be held Friday night, on December 2,
2005, at 7:00 p.m.
• Summer Woodson, Planning Director, reported that she spoke with Wayne Dyson with the
Baldwin County Commission and is just waiting on the new district, district 7.
• Chris Browning, Chief of Police, introduced Officer John Hamrick. Officer Hamrick comes to
Fairhope from the City of Gulf Shores.
• Chief Browning announced that Officer Elbert Tarver would be retiring. Officer Tarver's last day
of work will be December 15, 2005.
• Chief Browning reported that with regards to the squatters, there is no way to stop private property
owners from renting their property during the Arts & Craft Show. However, he recommended
amending the Business License Ordinance to charge $230.00 to all non -participates of the
Chamber of Commerce Arts and Craft Show.
• Chief Browning reported that the amended Business License Ordinance requires all alarm
companies to provide a list of all customers. This will be used as a checks and balance system to
ensure that the City receives all monies due the City.
• Chief Browning also reported that as a result of the squatters meetings, all property lines were
checked and it appears that the gravel parking lot at NAPA is Right-of-way not private property,
and the placement of the booths were discussed and from a safety preference the Chief would
prefer to place the booths in the center of the street during the Arts & Craft Show instead of
placing the booths to the curbs.
• Power Point Presentation by James Gillespie on the proposed Business Licenses amendments.
3708
28 November 2005
CITY COUNCIL MEETING
NOVEMBER 28, 2005
PROPOSED REVENUE INCREASES
1. BUSINESS LICENSES -PERTAINING TO CONSTRUCTION
AND BUILDING COMPANIES
S 200.000
2. BUILDING PERMITS -REFLECTS TOTAL COST OF
BUILDINGS AND IMPACT ON CITY INFRASTRUCTURE
20,000
3. INSPECTION FEESSTORMWATER IMPACT
00000
4. RE -ZONING APPLICATION34TAFF COSTS
5000
S. CABLE TV FRANCHISE -INCREASE 5%
50000
S. ALARM FEES -DEFRAY COSTS OF FALSE ALARMS
25 000
7. FINESIFORFEITURES-INCREASE COURT COSTS S31.00
100000
S. SANITATION COLLECTION -INCREASE $S PER MONTH
W0 000
0. SUBDIVISION FEES -CHANGE TO COVER STAFF COSTS
150.=
TOTALFEEINCREASES
31,110,ODO
EXPECTED REAL ESTATE TAX INCREASE FOR YEAR
432,210
TOTAL REVENUE INCREASE FOR FISCAL 20M
S1,1142,210
PROPOSED LICENSE INCREASES COMPARISON
NumAr
2005
20M
In-
LI__
1,000
S 10o
S 100
2 0
204
130
140
10
SOD
220
250
40
150
370
4W
0D
ISO
070
1.000
10D
50
1,370
1,000
200
43
1,070
2.200
300
2,370
2.080
420
_30
3,025
2006 MUNICIPALITY COMPARISON
FAIRHOPE QdG1tlE
s 100 s 100
MOBILE
S 120
40 255
297
260 547
741
460 000
1,483
1.ODD 1,703
2,065
1.no 2.345
4.445
2.260 2.W
5.930
2,860 3.520
7,413
SCHEDULE F COMPARISONS
OPTIONAL
SALE a CURRENT.00 .60 INCREASE .32 INCREASE
$47,682,000 $28,609 $57,218 $42,914
37,09
28 November 2005
A Public Hearing was held as advertised on a proposed ordinance to amend the
Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing a proposed
ordinance to re -zone Fairhope Trailer Court, Inc., property from R-1 Density Single
Family (Non -Conforming) to R-4 Low Density Multi -Family. This property is located on
the East side of Greeno Road just North of Volanta Avenue. The Planning & Zoning
Commission recommended approval of this ordinance. Councilmember Ford inquired as
to how many units are allowed on a 3 acres parcel. The proposed ordinance will layover
for final adoption at the next regular City Council meeting.
A Public Hearing was held as advertised on a proposed ordinance to amend the
Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing
Ordinance No. 1277, an ordinance to re -zone Dorothy Givens and Fairhope Single Tax
Corporation property from R-A Residential/Agriculture to R-1 Low -Density Single
Family Residential. This property is located at 19853 State Highway 181 (aka County
Road 27), Fairhope, Alabama. The Planning & Zoning Commission recommended
approval of this ordinance. No one present was opposed to the amendment. In order to
take immediate action Councilmember Christenberry 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. 1277. Seconded by Councilmember Ford, 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 the
Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing Ordinance
No. 1278, an ordinance to re -zone Fairfield Financial, LLC property from R-3 High
Density Single Family to a Planned Unit Development (PUD). This property is located at
the Northeast corner of Twin Beech Road and Boothe Road, Fairhope, Alabama,
Fairfield Subdivision Phase VI. The Planning & Zoning Commission recommended
approval of this ordinance.
Council President Gentle opened the Public Hearing at 6:13 p.m.
1. Harry Phillips a resident of Fairhope inquired as to what would this development do to the
properties down stream?
2. Leon Chambers a resident at 511 Patlynn Drive, Fairhope, AL, inquired as to who gave
permission to make the detention pond in front of Fairfield Subdivision a lake?
Answer # 1 — Engineer, Scott Hutchinson with Hutchinson, Moore and Raugh LLC, was
unable to answer Mr. Phillips' question at this time.
37i0
28 November 2005
Answer # 2 — Mr. Hutchinson stated that his understanding is that the detention pond was
designed to hold water. Initially the detention pond did not hold water; therefore, it was
modified. Now HMR is proposing to run a pipe on the Southside of Twin Beech Road to
move approximately 80% of the water under Twin Beech Road.
Councilmember Ford stated that now the water goes pass the City/Colony Land.
In order to take immediate action Councilmember Quinn 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. 1278. Seconded by Councilmember Quinn, 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 the
Zoning Ordinance No. 1253. Councilmember Stankoski introduced in writing Ordinance
No. 1279, an ordinance to amend Ordinance No. 1171, Huntington Subdivision PUD.
This property was once known as Oak Hill Subdivision, and is located West of US
Highway 98 and North of Old Battles Road. This amendment applies to Phase Two (2)
only. The Planning & Zoning Commission recommended approval of this ordinance. No
one present was opposed to the amendment. 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 Quinn moved for final adoption of Ordinance No. 1279. Seconded
by Councilmember Ford, motion for final adoption passed unanimously by the following
voice votes: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none.
Council President Gentle asked Councilmember Ford to continue the meeting. Mr.
Gentle exited the Dias at 6:25 p.m. with a coughing attack.
A Public Hearing was held as advertised on a proposed ordinance to amend the
Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing a proposed
ordinance to zone Song Grove Development, LLC, property to R-2 Medium Density
Single Family Residential concurrent with annexation into the City of Fairhope. This
property is located South of Nichols Avenue and East of Booth Road, Fairhope,
Alabama. The Planning & Zoning Commission recommended approval of this
ordinance.
Public Hearing was opened at 6:25 p.m.
3711
28 November 2005
Leon Chambers addressed the City Council and requested that a letter written by him dated July
12, 2005 be spread upon the minutes. Mr. Chambers continued to express that if this property is
annexed it would be illegal, and that the Planning and Zoning Commission accepted the
preliminary Plat without a public hearing.
July 12, 2005
Honorable Robert C. Gentle
President, Faitbope City Council
Mr. Gentle,
As a member of the Environmental Committee, I was asked by Mr. Harry Phillips, chairman, to work with
Mr. Tim Dupree on his concerns about the impact of the approved subdivision Song Grove on his area.
He is adjacent property northeast and upstream on a major Cowpen creek feeder.
His worry is twofold;
1. The topography is flat and low forming a broad ponding basin that has the nature of wetlands that will
require considerable filling for the designed development; such that the road beds will run almost
perpendicular to the creek forming a dam that will be higher than the natural flow. He made a video to
show the massive amount of water that now flows and a mistake in flow control would cause a large
increase in the flood stage on his property.
2. The procedure to approve the preliminary plat is flawed and the plat should not have been approved
A_ The was no public hearing by the planning commission even though the Fairhope subdivision
regulations requires it and the State of Alabama Codes demands iL.( section 11-52-32 (a)^ Any plat
submitted to the commission shall contain the name and address of a person to whom a notice of a hearing
shall be sent, and no plat shall be acted on by the commission without affording a hearing thereon.)
B. Since the subdivision is outside city limit's the plat should have been submitted to the county
engineer for approval according to our subdivision regulations before plat approval.
C. Since the subdivision is in a low lying area along water courses subject to Hooding it should
be submitted to the county engineer for special attention and. approval before the plat is approved
according to our subdivision regulations.
After investigation l fully concur in his fears. This project is illegal and out of control. The preliminary
plat needs to be revoked until the rules are fo)lowed; every day construction continues damage may be done
that cannot be corrected. Unfortunately the proper course is for Tim Dupree to get a restraining order from
the court and stop work until a proper suit is filed to cornet the violations; but this should not have to
happen in our city. I know that legally at this point it is none of the councils' business and that the planning
commission is in complete control right or wrong but morally you as our elected representatives can bring
some pressure to bear to stop this injustice. You certainly should not annex a subdivision that is illegally
conceived but the easy way would be to pass an ordinance that would not allow the building department to
issue a construction permit or revokc one to any site that does not comply with the law.
You will be asked to approve this subdivision as a final plat for the improvements .... but then it is too late
and you will have inherited a nightmare and the public knowing the truth will not be very forgiving. This
will be worse than Fairfield Place if you do not take proper action for you would have been forewarned of
the possibilities.
Of further note ow can we expect cooperation .from the county on the most important issue facing us ... the
j
ion of hen we throw up roadblocks to cooperatinn like this?
rs
3712
28 November 2005
Council President Gentle returned to the Council Chambers at 6:27 p.m., but did not
return to the Dias.
2. Tonya Dupre' lives across from Song Grove Development addressed the City Council explaining
that she was never given notification of any thing since this development started, and that she did
not think that this project is being monitored. Mrs. Dupre' feels that she and her family have been
let down by the City, and expressed that if the City annex this property, the City would be
annexing a problem.
The public hearing was closed at 6:33p.m.
Scott Hutchinson, engineer with HMR, addressed the City Council to explain that he has
viewed the video of the Dupre's property. He stated that the culvert installed has been
increased in size and that the drain is more than adequate to handle the flow of water.
The Culvert will handle more water than the Dupre's driveway. Mr. Hutchinson is very
concerned with this and is comfortable that the drain system will work. Mr. Hutchinson
also explained that the project has been monitored by ADEM, and that the project is
being built as we speak. Whether this property is in the City or not it will be a beautiful
subdivision.
Councilmember Quinn questioned why HMR didn't have this project approved by the
County. Mr. Hutchinson explained that the County employee, Gary Smith, was the
person who originally okayed the plan, and because of the turning radius and street
weight it would be harder to get approved from the County.
Councilmember Stankoski expressed that he would think that before annexing this
property the City Council would make sure all procedures were followed.
Councilmember Ford inquired as to if the conversation between Mr. Hutchinson and Mr.
Smith was in writing and why didn't Mr. Hutchinson get this in writing stating that the
County did not want to fool with this project because of the two specific items (turning
radius and street weight), not being accepted.
City Attorney Marion E. Wynne stated that he would get with Summer Woodson,
Planning Director, to check the procedure list.
Mayor Kant stated that he thought the City need to annex property before anything is
built on the property.
Councilmember Ford turned the presiding seat back over to Council President Gentle at
6:51 p.m.
Harry Phillips stated that he believes that the County has a lot more information than the
City on the flooding matter.
3:713
28 November 2005
This proposed ordinance will layover for final adoption at the next regular City Council
meeting.
Councilmember Ford moved for final adoption of Ordinance No.1280, the
amendment to Ordinance No. 1233, Business License Ordinance. The proposed
ordinance was introduced at 14 November 2005 Regular City Council meeting. Schedule
F will be increased by $.30 cents instead of $ .60 cents, and Alarm companies do not
have to provide a list of all customers, but may be audited by the City. Seconded by
Councilmember Christenberry, motion for final adoption passed unanimously by the
following voice votes: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -
none.
Councilmember Stankoski explained that amending the Business License Ordinance is
the final step of taking a look at increasing all the City's fees which Councilmember
Stankoski and Council President Gentle was asked to do about a year ago. There is no
free lunch in Fairhope even though we all want Fairhope to be unique.
Councilmember Quinn moved for final adoption of Ordinance No. 1281, the
amendment to Ordinance No. 1129, the Building Code of the City of Fairhope. The
proposed ordinance was introduced at 14 November 2005 Regular City Council meeting.
Seconded by Councilmember Christenberry, motion for final adoption passed
unanimously by the following voice votes: AYE- Quinn, Stankoski, Christenberry, Ford
and Gentle. NAY -none.
Councilmember Ford introduced in writing an ordinance to adopt a Uniform
Cable TV Franchise Agreement. City Attorney, Marion "Tut" Wynn explained that there
are a couple of items that need to be changed before final adoption. Councilmember
Stankoski suggested raising the application fee from $2,500.00 to $5,000.00. This
proposed ordinance will layover for final adoption at the next regular City Council
meeting.
Councilmember Quinn introduced in writing and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to advertise the construction
project for Utility Relocation at the Bailey Creek Bridge on County Road 98.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
3714
28 November 2005
RESOLUTION NO.1258-05
WHEREAS, Baldwin County has requested replacement of the Bailey Creek Bridge on County Road 98
with federal funds through the Alabama Department of Transportation.
WHEREAS, Utilities owned by Fairhope Public Utilities conflict with the location of the planned bridge.
WHEREAS, Baldwin County secured the services of Thompson Engineering to design "Utility
Relocations" for the water, sewer and gas lines in conflict with the planned bridge.
WHEREAS, as per guidelines, construction costs for the utility relocations is eligible for reimbursement
with Federal Fund subject to:
Phase I Baldwin County and Fairhope Public Utilities entering a reimbursable utility agreement.
Phase II. Fairhope Public Utilities advertises and awards the contract for construction (Thompson
Engineering provided completed plans and specs)
Phase III. Upon completion and acceptance of the project, Fairhope Public Utilities presents a
request for payment to Baldwin County, who in turn requests utility relocation
construction funds from ALDOT.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy
M. Kant is hereby authorized to advertise the construction project for Utility Relocation at the Bailey Creek
Bridge on County Road 98.
Adopted this 28th Day of November , 2005
I, Geniece W. Johnson, duly appointed City Clerk -Treasurer of the City of Fairhope,
Alabama, do hereby certify that Resolution No. 1258-05 is a true and correct copy of a
resolution passed and approved by the City Council of the City of Fairhope, Alabama, on
the 28`h day of November 2005.
Geniece W. Johnson, City Clerk -Treasurer
Date
Vincent A. Valentim addressed the City Council to express that a sales tax is fair,
equal, and takes in everybody in the City. He asked the Council to take care of the City's
financial responsibility, and push the red button for the red elephant is here now.
3715
28 November 2005
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Councilmember Quinn moved to accept the low bid of Aubrey Silvey Enterprises,
Inc., Carrolton, Georgia, to upgrade Young Street Substation, provided all specifications
are met. Seconded by Councilmember Ford, motion passed unanimously by voice vote.
This upgrade will be funded by the Electric Capital Fund (Fuel Adjustment Funds).
3716
28 November 2005
W1CZ Stewart Engineering, Inc. P. O. Box 2233 300 E. 7th St. Anniston, AL 36202
W J.H. Stewart, Jr.
W Phone 256-237-0891
Z
Cz Fax 256-237-1077
Z E-Mail sengineeringt@cableone.net
W ELECTRICAL
STEWART CONSULTANTS
October 17, 2005
Mr. Aaron Norris
Fairhope Public Utilities
PO Box 429
Fairhope, AL 36532
RE: Young Street Substation
Transformers, Regulators, and Breakers
Dear Mr. Norris:
Find enclosed one copy of the Bid Tabulation for Power Transformers, Regulators, and
Breakers as bid on October 11, 2005.
We recommend that the 12/16/20 MVA Power Transformer be purchased from
SouthCon, manufacturer Virginia Transformer, the low bidder, with a purchase price of
$195,900.00. The ABB transformer does not meet specification due to their
exceptions.
We recommend that the four (4) 887 KVA Regulators be purchased from Brasfield
Sales, manufacturer Siemens, the low bidder with a price of $22,000.00 each. The
total purchase price is $88,000.00. All of your present substations have Siemens
regulators and you stock extra control panels for same, so the evaluated bid is low.
We recommend that the two (2) Breakers be purchased from Brasfield Sales,
manufacturer Siemens. The total purchase price, including the spare relay, is
$ 37,118.00.
If we can be of further assistance on this matter, please don't hesitate to call. We are
also enclosing all original bid documents as received at the bid opening, for your
records.
Sincerely,
STEWART ENGINEERING, INC.
J.
IF
J. H. Stewart, J .
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Enclosures
3717
28 November 2005
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Councilmember Ford moved to accept the low bid of Brasfield Sales,
Birmingham, Alabama, to purchase Vacuum Circuit Breakers (15 KV), provided all
specifications are met. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote. This purchase will be funded by the Electric Capital Fund
(Fuel Adjustment Funds).
371.8
28 November 2005
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Councilmember Stankoski moved to accept the low bid of Brasfield Sales,
Birmingham, Alabama, to purchase Regulators 887 KVA, 7200 V, provided all
specifications are met. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote. This purchase will be funded by the Electric Capital Fund
(Fuel Adjustment Funds).
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28 November 2005
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Councilmember Christenberry moved to accept the low bid of SouthCon,
Birmingham, Alabama, to purchase 1-Power Transformer 12/16/20 MVA, provided all
specifications are met. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote. This purchase will be funded by the Electric Capital Fund
(Fuel Adjustment Funds).
3720
28 November 2005
Jennifer Fidler addressed the City Council requesting to purchase a Holland 105
Tractor and Alamo Boom Mower from the State of Alabama Surplus in the total amount
of $32,000.00, instead of purchasing the same items from State of Alabama Bid List at
the total price of $78,203.00 as listed on the printed agenda. These purchases will be
funded by the $1,070,000.00 loan for Capital purchases for the Public Works
Department. Councilmember Quinn moved to authorize the purchases as long as the
Mechanic Shop inspects the equipment. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote.
There being no further business to come before the City Council the
meeting was duly adjourned at 7:35 p.m.
Gentle, Council President
1-1, , - (1�4
Geniece W. Johnson, C#
Cler Treasurer