HomeMy WebLinkAbout09-25-2006 Regular Meeting3930
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, September 25, 2006.
Present were City 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 Geniece
W. Johnson. No one was absent.
There being a quorum present, City Council President Gentle called the
meeting to order. The Pledge of Allegiance was recited, and Pastor Jack Koleher of
Fairhope Christian Church, gave the invocation. Councilmember Quinn moved to
approve minutes of the 11 September 2006, regular meeting. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
Mayor's Comments and Staff Reports
• Sherry Sullivan announced that the rededication of the Louis E Dantzler Memorial Lodge and
Boy Scout Troop 47 will celebrate their 781h Anniversary. The event will be held at the new
location in the Fairhope Single Tax Colony Nature Park, at the corner of County Road 44 and
County Road 13, on October 7, 2006 at 10:00 am to 2:00 pm.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Ford introduced in writing, an
ordinance to rezone the property of Fred Corte, concurrent with annexation,
(containing 160 +/- acres county zoned R-A) and Angelo A. Corte (containing 53.33
+/- acres zoned B-2) to a Planned Unit Development. This property is located on the
Eastside of State Highway 98, North of The Woodlands at Fairhope Subdivision and
South of Sandy Ford Subdivision. Parcel A contains 80 acres more or less 05-46-02-
04-0-000-002.000. Parcel B contains 80 acres more or less 05-46-02-04-0-000-
001.000. Parcel C contains 53.33 acres more or less 05-46-03-08-0-000-001.000 and
05-46-03-08-0-000-003.000. Fly Creek Subdivision.
The City Council received favorable recommendation from the Planning & Zoning
Commission.
Gregg Mims, Planning Director addressed the City Council to explain the proposed
ordinance.
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25 September 2006
STAFF INTERPRETATION:
The westernmost 53.33± acres of the property is zoned B-2 (General Business) in the City of
Fairhope. The remaining 159.67± acres are zoned RA (Rural Agricultural) in Baldwin County;
as part of the application, the applicant is requesting to annex the 159.67± acre parcel. The
applicant is proposing a Planned Unit Development (PUD), which consists of Commercial,
Retail, Condominiums, Town -homes, Live/Work units, and single-family residential lots. The
total unit count and/or square footage proposed for each use category is as follows:
Commercial, 108,000 square feet; Condominiums, 132 units; Town -homes, 181 units;
Live/Work, 11 units; Single -Family, 511 units. There are a total of 835 residential units
proposed.
Proposed building heights are 35 feet for residential structures and 45 feet for commercial
structures.
The parcel zoned B-2 will currently allow the proposed land uses identified on the Outline
Development Plan (Land Use Map), without need for re -zoning.
The applicant is proposing an approximate 52,000 square foot building, which will be used
commercially.
Fly Creek Runs through all parcels involved in the project. North of the site is Parker Road
and the Sandy Ford Subdivision, south of the site is the Willows Subdivision, west of the
property lies Highway 98, un-zoned County properties, and properties in the City of Fairhope
zoned R-1 (Low Density Single Family Residential); east of the site lies un-zoned County
land.
The issues associated with this request are as follows:
1. Comprehensive Plan: This request is not contrary to the plan, due to the fact that
another Neighborhood Village Center development has not yet been built in the
general area. Although, another Neighborhood Village Center style development
(The Village North PUD) has gained City Council approval and is located less than
one half a mile away from the proposed Fly Creek PUD. The City's Comprehensive
Plan specifically states: The Fairhope Comprehensive Plan contemplates up to six
(6) Neighborhood Village Centers. "Neighborhood Village Centers are intended to
provide convenience goods and personal services within an approximate 1-mile
service area radius. These centers should be dispersed throughout Fairhope so that
there is no overlap in service area radii and to allow each of the centers to function
without interference from other Neighborhood Village Centers."
2. Drainage: A drainage and storm water management analysis must be presented to show the
impact of the proposed development on adjacent properties and the Fly Creek watershed. The
purpose and influence of the lakes must also be articulated. This shall be required at the time
the project is submitted for subdivision approval and/or request for permits.
3. Commercial Use: The applicant should provide a detailed list of the proposed allowable uses
in the commercial section of the development.
4. Live/Work Units: The applicant should clarify how residential parking will be addressed for
the Live/Work units.
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25 September 2006
Townhouse Units: The applicant should clarify how parking will be accommodated for the
townhouse residents.
6. Big Box: Article III Section C. 4 in the Fairhope Zoning Ordinance limits any free standing
single use or tenant retail building in any business zoning district to a maximum building
footprint of 8,000 square feet.
• For Reference: Just south of the proposed Fly Creek PUD site, an 18,000 square foot
maximum footprint grocery store building was approved in the Village North PUD (The
Triangle); this is the largest building footprint indicated on the Village North Site Plan.
7. Planning Commission: The Planning Commission recommended approval of the project
subject to staff's recommendations along with additional conditions set forth by the Planning
Commission during the August 07, 2006 Planning Commission meeting.
STAFF / PLANNING COMMISSION RECOMMENDATION:
To approve subject to the following specifications and conditions:
Building Heights:
• Residential-35'; Commercial / Mixed-Use-40'
Connectivity:
• The street stub -out into the Woodlands Subdivision indicated on the Outline
Development Plan shall be dedicated and maintained as a natural easement
and shall remain unopened.
Development Phases:
• Construction for any portion of this development abutting Rock Creek
Subdivision or Sandy Ford Subdivision shall be allowed but street stubs shall
not be constructed or connected to Rock Creek Subdivision or Sandy Ford
Subdivision until the site is connected to County Road 13.
Buffers:
• A bridge over the wetlands shall be installed connecting the northeastern -
most section of the development to the southern portion of the development,
or the subject site must be connected to an additional access point before
the portion of the property between the wetlands and the Woodlands
Subdivision is developed.
50' Natural/Landscaped Buffer off of Greeno Road; 40' Natural/Landscaped
Buffer off of Parker Road
Setbacks:
• Single Family Lots Abutting the Woodlands Subdivision: Front Setback-10';
Rear Setback-30'; Side -Yard Setback-5'
• Single Family Lots Where Rear Yards Abut Wetlands: Front Setback-10';
Rear Setback-30'; Side -Yard Setback-5'
• Remaining Single Family Lots: Front Setback-10'; Rear Setback-10'; Side -
Yard Setback-5'
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25 September 2006
• Town -homes: Front Setback-10'; Rear Setback-20'; Side -yard Setback-0'; End Unit-
10'; From Wetlands-30'
• Village Center-Commercial/Retail/Condominium: Front (Facing Highway 98)-50';
From Parker Road-40'; All Other Sides-10'
Open Space:
An open space/green space feature shall be incorporated into the design of the
commercial parking area in order to provide a more pedestrian friendly village center
environment. This requirement will be approved by the Fairhope Planning
Department.
Dead End Parking:
• There is dead-end parking located around the southwestern -most commercial
building and the Clubhouse. Dead-end parking areas shall have striped turnaround
spaces at the end of each dead-end drive.
Site Access:
Approval and Permits from the Alabama Department of Transportation (ALDOT) shall
be obtained and submitted to the Fairhope Planning Department.
Adjacent Site Concerns:
• All lots on the south side of the project immediately abutting The Woodlands
subdivision shall have a minimum lot width of at least 90 feet at front setback line and
a rear setback of not less than 30 feet.
Facade Requirements:
• Four-sided architectural features shall be incorporated into the design of all
commercial buildings.
Wetlands:
The applicant has volunteered to dedicate the wetlands on the site as a locally
designated permanent Conservation Easement. The applicant shall work with staff to
coordinate this effort.
Respectfully Submitted for Consideration,
Jonathan I. Smith
Planner
City of Fairhope
Angleo A. (Arthur) Corte, property owner addressed the City Council and explained
that the Fly Creek development will be a traditional development, and a true village
concept. This will be the first true village concept project in Fairhope.
Mr. Corte addressed the following concerns:
Mr. Corte stated that he was asked by the City to present the whole project; however,
this project would be a 10-year project.
Mr. Corte read the following letter written by Larry Morris District Conservationist
with the Natural Resources Conservation Service, dated September 21, 2006.
25 September 2006 United States Department of Agriculture 3934
NRCS
Natural Resources
Conservation Service 207
Faulkner Drive, Suite 107
Bay Minette, Alabama 36507
September 21, 2006
TO WHOM IT MA Y CONCERN:
I am Larry Morris, District Conservationist, with the Natural Resources Conservation Service (MRCS), USDA. I have
worked in this Resource Conservationist position for 35 years. The last 28 years in Baldwin County. The Cortes asked if I
could speak to the Fairhope planning group concerning their conservation efforts and care for the land. My schedule has
me out of county at time of your meeting, but 1 would like to express some of my opinions and well as discoveries while
working with the Cortes on conservation efforts over the past 28 years through this letter.
Our mission as an agency is to assist individuals, groups, cities, towns, county and state governments reduce
the costly waste of land and water resources. The guiding principle for accomplishing these goals is using
conservation treatment on the land in harmony with its capability and needs.
I have personally worked with the Cortes, both Freddie and Arthur, over the years in developing a complete conservation
plan of their farms. They were always ready to try a new system of Arming that would sustain their resource base, knowing
that to keep their soils productive they had to keep valuable top soil in the fields. We have assisted in installing terraces on
rolling land, field borders at edges of fields, buffer zones along all creeks, wetlands, and waterways. They were one of the
first in county to try reduced tillage or residue management. They have installed gully structures and sediment basins to
keep sediment out of our streams and wetlands. Several farm ponds/lakes have been constructed on drainage within Fly
Creek. All of these ponds/lakes have been built to NRCS standards and specifications. These ponds are a vital segment of
keeping Fly Creek clean by acting as sediment ponds when heavy rains occur. Always, extra measures of conservation and
installation of Best Management Practices were installed to assure that Fly Creek remained as pristine as possible.
I would like to finish by stating that they have been good stewards of the land. I know development of our beautiful
county is sometimes not to our liking. However, I do feel that their commitment to our soil and water resources will
continue as our county continues to grow.
Since v,
Lar Orris
is
Conservationist
Helping People Help the Land
An Equal Opportunity Provider and Employer
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25 September 2006
Mr. Corte stated that a traffic study was completed and proved that a traffic light will
need to be installed at Parker Road and Highway 98. Mr. Corte also stated that he
would be glad to pay for a traffic light at this time.
Mr. Corte further stated that the property for Fly Creek PUD is not within any flood
zones per FEMA maps.
Connectivity: Mr. Corte stated that there are no plans to connect Fly Creek to either
Rock Creek or The Woodlands. The stub -out areas for connectivity would only be
open by the city for emergency reasons, or if the property owners within other
subdivision petition to have the stub -outs opened.
Mr. Corte continued and stated that the lots abutting Sandy Ford would be the same
as the lots abutting The Woodlands, 90 ft in width with a 30 ft rear set back, and the
alleyway behind the lots abutting Sandy Ford would be deleted.
Robert Gregory with Volkert & Associates presented a PowerPoint presentation
giving an idea of what to expect within the development of Fly Creek.
Council President Gentle opened the Public Hearing at 6:06 p.m.
• Jeffery A. Phillips, President of the Rock Creek Property Owners
Associations, Inc and resides at 134 North Drive, Rock Creek, request that
the letter from the four Homeowners Associations be made part of the
minutes. Mr. Phillips expressed that Rock Creek does not wish to be
connected to the Fly Creek development for safety reasons concerning
traffic.
• Steve Paige with Eastern Rock Creek Property Owners Associations, Inc.
resides at 413 Clubhouse Drive stated that the increased lots abutting
Sandy Ford are well received.
• David Greedwood, President of Sandy Ford Homeowners Associations,
Inc. resides at 118 Sandy Ford Road, request that an additional 30 ft
natural buffer be added to the planned 30 ft setbacks on the lots abutting
Sandy Ford Subdivision.
• Mike Perkins, President of The Woodland Homeowners Associations,
Inc., resides at 145 Willow Lake Drive, expressed concerns of erosion and
runoff during construction. Mr. Perkins requested that his letter dated
August 11, 1006, be made part of the minutes.
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25 September 2006
To: Fairhope City Council Members September 19, 2006
Tim Kant, Mayor
From: The Boards of Directors of the following property owners' associations:
Rock Creek Property Owners Association, Inc.
Eastern Rock Creek Property Owners Association, Inc.
Sandy Ford Property Owners Association, Inc.
The Woodlands Homeowners Association, Inc.
The Boards of the above property owners associations wish to make their positions clear
as to the proposed Fly Creek PUD. Membership in these associations number almost
1,000 households altogether. Our members look to us to become informed of issues that
impact the neighborhoods as a whole, and the Boards represented here concur in the
matters we present to you.
The proposed Fly Creek PUD raises several issues for us. We have met with Mr. Corte
and he is aware of our concerns, but the ordinance as proposed does not address them.
1. Increased through -traffic through Rock Creek and Sandy Ford via the
proposed South Drive access is incompatible with our PUDs, which the
council approved and should respect. The possibility of South Drive
becoming a convenient route from Highway 98 to the future completed
Highway 13 should be eliminated. All four Associations oppose any
interconnectivity as incompatible.
2. The proposed plan should include buffers between this very dense
development and surrounding subdivisions. Lots abutting any other
subdivision should be at least 90 feet wide.
3. The proposed alleyway and the small lot sizes adjacent to the
southernmost Sandy Ford lots are incompatible with Sandy Ford's
subdivision plan.
4. The density of Fly Creek will increase our already serious stormwater and
traffic problems. Increase of the minimum lot width to 60 feet would help
alleviate these concerns.
The common theme among these issues is incompatibility that impacts the stability of our
neighborhoods. Our subdivisions, which have the seal of approval of the city of Fairhope
and have developed accordingly, will be greatly adversely impacted by changes caused
by the approval of this PUD. In your decision on the zoning changes that are called for,
we urge you to protect the stability of the existing neighborhoods around Fly Creek PUD.
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25 September 2006
1. Increased through -traffic throujzh Rock Creek and Sandy Ford via the proposed
South Drive access is incompatible with our subdivision plans, which the council
approved and should respect. The possibility of South Drive becoming a convenient
route from Highway 98 to the extended Highway 13 should be eliminated. All four
Associations oppose any interconnectivity as incompatible.
Even as a secondary access, under the proposed PUD Ordinance, traffic will
eventually flow from Highway 98 along Clubhouse Drive to South Drive, through this
new 835-home development and to Highway 13. This would be incompatible with the
basic concepts that shaped our subdivisions. When our subdivisions were approved,
there was little interest in connectivity, and the city imposed no requirement that our
subdivision plans provide for it. Our neighborhoods were carefully planned, and
designed to be in some ways self sufficient, so that those investing in homes would have
a measure of control over their neighborhood. Accordingly, our Associations spend
several hundred thousand dollars of homeowners' money and hundreds of hours of
volunteer time annually on landscaping, litter control, and energetic enforcement of
covenants and restrictions that provide a safe, quiet, pleasant and orderly atmosphere.
While there are many beautiful neighborhoods in Fairhope, few if any put more concerted
effort into these elements. To integrate these subdivisions with the surrounding areas
makes it more challenging and expensive to maintain current standards than ever
anticipated, and will increase the burden on the city to spend more time and effort than
ever policing the area. The council approved these subdivisions and the concepts on
which they are based, and should now respect them, even if you may not now consider
them appropriate for replication in other parts of Fairhope.
Another reason not to open South Drive to new traffic is that our streets were not
designed to handle such an increased flow. These streets were mapped and designed for
local traffic only. Maintenance and safety problems from construction traffic and
passage by motorists who are not residents in any of these neighborhoods will increase to
an unmanageable level. Many of us supported Route 13 improvements because of our
wish to alleviate traffic congestion city-wide on Route 98. South Drive was not designed
to serve as an easy route between Highway 98 and Highway 13. We urge you to plan for
connection between these two major highways along routes that are properly developed
and maintained for that purpose. This type of traffic would be wholly incompatible with
the city's approved plans for our subdivisions.
We wish to make clear that all four Associations oppose any interconnectivity as
being incompatible with our subdivision plans. The council is free to require new
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25 September 2006
developments to be better connected with the rest of Fairhope than our subdivisions are,
but this new requirement should not be imposed on our subdivisions, for the reasons
stated above.
2. The proposed plan should include buffers between our subdivisions and this very
dense development. Lots abutting any other subdivision should be at least 90 feet wide.
The density of Fly Creek is incompatible with adjacent neighborhoods whose lot
values and atmosphere are greatly enhanced by their larger lots and natural surroundings.
The incompatibility of these developments should, at a minimum, be buffered with 30'
belts of natural landscape. Usable natural common areas within the development, and not
merely unbuildable wetlands, should be required. As a buffer of transition between
neighborhoods, lots abutting any other subdivision should be at least 90 feet wide.
3. The proposed alleyway and the small lot sizes adjacent to the southernmost Sandv
Ford lots are incompatible with SandyFord's subdivision plan.
It was never anticipated that Sandy Ford lots along its southern edge would have
alleyways or multiple small lots behind them. Alleyway traffic along residents' back
yards is not compatible with the Sandy Ford plan as approved by the city. Nor was the
possibility that one Sandy Ford lot would be adjacent to three lots behind it. To transition
from Sandy Ford to Fly Creek, there should be no alleyways on that portion of Fly Creek,
and the lot size should be increased to a size close to that of the Sandy Ford lots.
4. The density of Fly Creek will increase our already serious stormwater and traffic
problems Increase of the minimum lot width to 60 feet would hell) alleviate these
concerns.
Fly Creek proposes 218 40-foot lots and 129 50-foot lots, creating a density
unprecedented in Fairhope. The plan leaves little room for green space, and when
combined with the large commercial buildings and parking lots will create stormwater
problems that Fairhope will be unable to control with current regulations and
enforcement capabilities. The additional 835 homes in this area and the regional draw of
its commercial development all depend on increased use of Highway 98, presenting new
traffic control problems that have not been fully considered. Further study of access
options, an increase of minimum lot widths to 60 feet, and more green space would
alleviate these concerns to a great extent.
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25 September 2006
Respectfully submitted:
Rock Creek Property O rs�on, Inc.
By: ._,IA V
efferyA. Phillips, President
Inc.
By:
Owners Association,
Association, Inc.
David Greenwood, President
The Woodlands Homeo sWoodlands Homeo s A�ciation, Inc.
By:
Mike Perkins, resident
3940
25 September 2006
August 11, 200,5�
To: Honorable Mayor Tim Kant, City of Fairhope
City Council Members, City of Fairhope
From: The Woodlands at Fairhope Homeowners' Association
Subject: Concerns related to the Planning and Zoning Commission meeting of
August 7, 2006 and updated comments with regards to the Fly Creek PUD
submittal.
Planning & Zoning Commission Public Meetin on n August 7,200
One would hope that the City of Fairhope, and all elected and appointed officials
representing our municipality would conduct themselves in a highly professional
manner at all times, that they would project an attitude of fairness, non -bias and
genuine gratitude toward those citizens who have taken the time and shown an
interest in the ongoing development and change that is occurring in our wonderful
community. It should be understood that our officials would remain open minded
throughout the matter before them and not use their position and bias conclusions
in an attempt to influence the general public in attendance as well as other
members of the Planning and Zoning Commission.
2) At the P&Z public meeting on August 7, 2006, the chairman of the P&Z
Commission, Mr. Dick Charles, continually acted in a manner inconsistent with
the ideals and principals that befit someone representing the City of Fairhope.
The Fly Creek PUD was the first item on the Commission's agenda that evening.
The chairman opened the meeting by virtually glorifying the landowners,
developers, and the project. It was clear to the large public audience from the
beginning that, before the chairman heard one communal comment or concern,
he was solidly behind this development. His attitude of arrogance and bias when
dealing with the public was disgraceful. It is interesting to note that the many
civic concerns with regards to traffic congestion, traffic safety, drainage, quality
of life issues, environmental impact, etc. were summarily dismissed by the
chairman as "unsubstantiated allegations." The chairman's statement as reported
in the Baldwin Register dated August 9, 2006 reads, "The majority opinion felt
positive factors outweighed the negative factors for this property". This was
certainly not the opinion of the overwhelming majority of citizens in attendance.
The chairman's statement that "many of the surrounding property owners had
unsubstantiated allegations about its impact", demonstrates his attitude during that
public meeting. The citizens of Fairhope that took time to express their legitimate
concerns were characterized by the chairman as making unfounded allegations
rather than voicing their concerns. I personally did not hear one person from the
public make any "allegation" during this meeting.
03-14-06A11:1
CVD ��,y'
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25 September 2006
3) In this contentious meeting, the impact of this PUD on the Police Department,
Fire and Rescue Department, Water and Sewer Services, and other city
infrastructure was never discussed.
4) 1 would like to request that the City Council address this issue and express its'
displeasure with actions of the chairman of the Planning and Zoning Commission
via a recommendation and motion forwarded to Mayor Kant to immediately
replace Mr. Charles as chairman.
Updated Comments Concerning the Fly Creek PUD Proposal
l) The Woodlands at Fairhope Homeowners Association has reviewed the proposed
updated Fly Creek PUD along with their request for a zoning change from un-
zoned to a PUD. The Woodlands Association is not against development at this
location, but we are adamantly opposed to the PUD and associated zoning request
change as recommended by the Planning and Zoning Commission and forwarded
to the City Council of Fairhope. Until such time as substantial changes are made
to the PUD and the numerous, serious concerns of the public are properly
addressed, we are asking that the Fly Creek PUD and zoning request change not
be approved by the City Council.
2) The PUD would have significant negative impact on the quality of life for
homeowners in the Woodlands and surrounding subdivisions. The size of the
majority of the lots shown in the PUD will not present an appearance compatible
with surrounding neighborhoods. Many of the lots are proposed to have a width
of only 40 feet; with a very narrow side set back of five feet. These lots will
ultimately have rows of houses only 30 feet wide. This concept may fit into
other, older parts of the city, but is not compatible with existing neighborhoods in
this area. The narrow lots with the accompanying streets and alleyways will leave
few, if any, native trees along the Fly Creek ecosystem. The City Council should
require substantially wider lots that will reduce the building density, ease traffic
congestion, decrease drainage runoff, and protect the environment and natural
beauty of Fairhope.
3) It is requested that a substantial common area buffer zone be established between
all Fly Creek PUD lots that backup to the Woodlands. The developers have
changed the rear building set -back requirements from 10 feet to 30 feet, which is
still not acceptable. The Fly Creek lots can still be cleared to the rear property
lines. The Woodlands' homeowners abutting this PUD should be adequately
protected from all the negative factors associated with this high density PUD.
Only a common area buffer zone which remains unimpacted will provide this
protection.
4) The City of Fairhope has been pursuing a planning policy that requires multiple
exits from new PUDs. This proposed PUD is seriously lacking in meeting this
requirement. The section of the proposed PUD on the south side of Fly Creek
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25 September 2006
shows a future connector street ending as it reaches Woodlands Common Area
property. The Woodlands HOA wants the record to clearly reflect that the
Association will not sell any property to allow a street in the Fly Creek PUD to
connect into the Woodlands. The Woodlands HOA will vigorously challenge any
government entity that attempts to acquire Woodlands property through the use of
imminent domain that would be for the benefit of owners or developers of the
PUD property. The City Council should require a second connector bridge that
would provide additional access to the PUD property on the south side of Fly
Creek.
i) The Woodlands HOA is extremely concerned that the Fly Creek ecosystem may
be severely damaged by the proposed PUD. The density of the PUD, the
topography of the land, and construction of roads and buildings will cause serious
erosion problems that will affect wetlands and Fly Creek. During heavy rainfall
events, it will be impossible to prevent this from occurring. The homeowners
along Fly Creek west of Highway 98 and the Fly Creek Marina will be adversely
affected by erosion and sedimentation along the length of Fly Creek.
5) Developers will always try to prove that flooding along Fly Creek will not be
effected by their development, and they may illustrate how the capacity of
retention ponds for water runoff will be designed to prevent this from occurring.
Their proposal might look good on paper, but what will really happen the next
time our area experiences a rain event of the magnitude of a Hurricane Danny?
With the proposed density of the PUD, we have immense concerns that it will
take much less than a Danny -type event to cause major problems. The height of
the retention ponds above the flood zone along Fly Creek needs to be carefully
addressed. Rising flood levels may very well negate the ability of retention ponds
to meter their outflow.
7) There is a substantial bridge at the point where Fly Creek passes under Scenic
Highway 98. Will the culverts carrying Fly Creek under Highway 981Greeno Rd.
be sufficient to handle increased drainage needs from the proposed PUD during a
major hurricane event? The recent flooding in the state of New York showed
dramatic scenes of a four -lane highway, with a center median, totally washed
out, resulting in several tragic motorists' deaths. A worst case rain event that
overwhelms retention ponds in the proposed PUD must be considered in
calculating the increased water flow under Highway 98. The accumulation of
debris damming up the existing culverts under Highway 98 is also a serious
concern. There is past precedent for Scenic 98 being washed out by flood waters
from Fly Creek. We strongly believe that the re -engineering of Fly Creek
drainage under Highway 98 must be carefully studied by an independent outside
source prior to any action to rezone this proposed PUD area.
8) The development of the proposed PUD on the south side of Fly Creek has only
one way in and one way out. If the proposed road across Fly Creek to this area is
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25 September 2006
damaged during a major storm event, what will happen to homeowners trying to
evacuate or to emergency services trying to get to that part of the proposed PUD?
9) The proposed PUD side setbacks of five feet will allow homes to be built within
ten feet of each other. There are several serious safety issues that need to be
studied concerning the side setbacks. They include: Fires quickly spreading to
adjoining homes, the lack of a clear safe distance for firefighters and emergency
responders to move between burning structures to fight a fire from all sides, the
inability to gain safe access to the sides or rear of homes to rescue residents, law
enforcement officers being put in greater jeopardy when responding to an ongoing
incident due to narrow alleyways, etc. A minimum of a ten foot side setback is
highly recommended and will substantially change the proposed PUD.
10) Before any request for a zoning change to this area along Fly Creek is
considered, an environmental assessment of any endangered species needs to be
made. Residents of the local area have reported sighting the gopher turtle along
Fly Creek, and are concerned that there may be other endangered or threatened
species that will be adversely affected by this proposed PUD.
11) The proposed PUD states that the density is 3.93 units per square acre. The
math does not add up. Total acreage is 213 acres minus the common open space
(59.88 acres). This equals approximately 153 acres, divided by 835 units. When
calculated, this results in 5.45 units per acre. It is not clear if this also includes the
commercial area at the comer of Highway 98 and Parker Road. A density of 5.45
units per acre or greater is not in the best interest of the City of Fairhope, or
surrounding existing subdivisions.
12) The Woodlands HOA continues to be extremely concerned with the dangerous
intersection at our subdivision entrance on Highway 98. This proposed PUD of
835 units and a commercial section combined with the traffic from the previously
approved Triangle PUD will forever change the entrance to the City of Fairhope.
The main entrance and window to our beautiful city will be overwhelmed with
traffic congestion if this high density Fly Creek PUD is not significantly reduced
in the number of units allowed to be built.
13) Do the citizens of Fairhope want a high density PUD of this magnitude emptying
traffic at the entrance to our city and exasperating our traffic problems? I
seriously doubt it! Now is the time to properly plan for the future. Let's be
proactive and drive development in the direction that is best for Fairhope and not
let development drive Fairhope in a direction that we do not want to go.
14) There are still many unanswered questions as to what impact this proposed PUD
and the approved Triangle PUD will have on the City of Fairhope's infrastructure
and other city services? Will the addition of increased city employees result in
the requirement for more city infrastructure? At what capacity are we presently
utilizing current water, sewage, gas, electrical, and other vital services? Can the
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25 September 2006
present infrastructure handle the Triangle PUD and the proposed Fly Creek PUD?
If not, from what source will funding be derived to absorb the impact of these two
PUDS that will increase the population of Fairhope by at least 30-35% upon their
completion?
15) It is respectfully requested that this letter be made part of the public record in
connection with the Fly Creek PUD and zoning request change. In addition,
please notify me in advance when this will be put on the City Council agenda.
Respectfully Yours,
01 6ZZ.-
Mike Perkins
President, Woodland HOA
990-8177
3945
25 September 2006
• Jim Horner a member of the Fairhope Environmental Advisory Board
addressed the City Council with concerns of the Fly Creek watershed, and
suggests that the City of Fairhope establish a storm water facility
maintenance agreement with all development.
• Heather Hickox a resident of 310 Cumberland Road, Sandy Ford
Subdivision spoke in favor of the true village development concept.
• Ed Alessandri a resident of 102 Old Mill Road, Rock Creek Subdivision
addressed the City Council with concerns of additional traffic for
Clubhouse Drive and South Drive. Mr. Alessandri request tabling this
issue and remove all connections to Rock Creek and Sandy Ford.
• Gordon Cooper a resident of 22651 Alice Lane, Flying Creek addressed
the City Council with concerns of the increased traffic for Parker Road.
• Steve Janes a resident of 208 Shady Lane, The Woodland's Subdivision
addressed the City Council with concerns connecting subdivisions and
inquired where the people within Fly Creek are going to park?
• Betty Runnels a resident of 104 Cedar Pointe, Rock Creek Subdivision
addressed the City Council with concerns with water runoff.
• Kevin Boone a resident of 154 Willow Creek Drive, The Woodlands
Subdivision supports the development, and expressed that this will be the
first plan to address what the City's Comprehensive Plan calls for.
• Jill Martian a resident 152 Willow Lake Drive, The Woodlands
Subdivision addressed the City Council stated that he was impressed with
what Mr. Corte was doing and wants the development done right.
• Todd Mixon a resident of 129 South Drive, Sandy Ford Subdivision
addressed the City Council stated that Fairhope is fortunate to have this
kind of development and encourage the City Council to move forward.
• Dr. Mullins a resident of 7935 Parker Road an adjoining landowner
addressed the City Council and reiterated the purpose for this public
hearing to change the zoning not to vote on the design of the development.
Dr. Mullins expressed that he was in favor and support the development.
Dr. Mullins also expressed that this development will not affect the land
value of Fairhope.
Council President Gentle closed the Public Hearing at 7:02 p.m.
3946
25 September 2006
Councilmember Ford thanked Mr. Corte for addressing the concerns of the City
Council and the citizens. Councilmember Ford expressed that he would like to see
the connectivity to the other subdivision be used as bike trails and not opened.
Councilmember Stankoski inquired about the size of the lake at Highway 98 and how
to ensure that Highway 98 would not washout? Frank Leatherwood with Volkert &
Associates stated that the lake will be developed to handle a 2 to 100 year storm, and
that everything would be done to protect the property owners down stream.
Councilmember Stankoski also inquired if the lots facing the wetlands would be
considered as provisional approval.
Council President Gentle recapped the following recommendations:
The stub -outs for Sandy Ford and The Woodlands will be opened for pedestrians
only. The Mayor, Police Chief or Fire Chief can have the stub -out opened to
vehicular traffic if declared an emergency, or the property owners within the
subdivisions can present a petition to have the stub -out open to vehicular traffic.
The lots abutting Sandy Ford Subdivision will be changed to match the lots abutting
The Woodlands, having a width of at least 90 ft with a 30 ft setback from the rear.
Talking Point — Provisional development for the 36 lots along the wetland.
Provisional development means delaying the development of these lots until other
parts of the development are in place and maintained.
Mr. Corte stated that is would not be economical to development a road to the lots
along the wetland and not be able to development and sell these lots. These lots will
have a 30 ft setback for building, not a buffer.
Talking Point - Provide additional 30ft natural buffer to the rear of the lots abutting
Sandy Ford Subdivision. This would be in addition to the 30ft rear setback.
Mr. Corte stated that he could not allow an additional 30ft natural buffer; however,
the owner of the lot can allow an additional 30 ft natural buffer. Mr. Corte also stated
that with the removal of the alley behind the lots abutting Sandy Ford Subdivision he
would be willing to give an additional 15 ft for a natural buffer and the owner of the
lot can allow 15 ft.
Council President Gentle inquired how the density was the calculated. The density is
calculated by using the number of lots to non-commercial acreages.
3947
25 September 2006
Councilmember President Gentle appointed the following persons to work on the
above recommendations:
1. One property owner association president,
2. Councilmember, Christenberry
3. Gregg Mims, Planning Director
4. Mr. Corte, property owner of Fly Creek.
No further action will be taken by the City Council on this proposed ordinance. If the
recommendations are added to the proposed ordinance City Clerk, Geniece W.
Johnson will properly publish new publication for another public hearing to come
before the City Council in approximately 30 days.
Council President Gentle called for a recess at 7:50 p.m. The City Council was called
back to order at 7:57 p.m. City Attorney, Marion E. (Tut) Wynne did not return to
the Council Chambers.
Councilmember Quinn introduced in writing Ordinance No. 1315, an
ordinance amending Ordinance No. 1096, by revising Section 21-21 of the Electric
rates 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 Ford then moved for
final adoption of Ordinance No. 1315. Seconded by Councilmember Christenberry,
motion for final adoption passed unanimously by the following vote: AYE- Quinn,
Stankoski, Christenberry, Ford and Gentle. NAY -none
Rose Fogarty presented the following Power Point presentation of the City of
Fairhope FY 2006-2007 proposed budget.
3948
25 September 2006
City of Fairhope
2007 Budget
City Council Meeting
September 25,2006
Slide 1
The Alabama Legislature has passed a cost
of living increase of 7% for retirees.
However, in order for benefits to be paid,
the City Council must elect to grant the
increase. The cost of this increase is
$64,503. 1 have included this amount in
the budget.
Additionally, I have included an increase in
employee salaries of 3% for fiscal 2007.
Slide 3
I am also proposing a $7.5 million Bond
Issue by the Airport Authority to purchase
256 acres of land.
The debt service for both Bond Issues has
been included in the 2007 Budget. This
cost is estimated to be $700,000.
I budgeted increased revenue of $500,000
from a 1 % impact fee.
ME G
MTE: Sags 5. mae
iRJM:TIMOTHY M. aAHi. SUYpt
TO WgPE CITY CON{L
rE. BUDGET OCTOBEB Nee TO KVTEMBFB 2mT
The B.dgel for Grl W Gw MI be tlphl, a In p I yr .. Ft.v.nlw.
wW b. up .bout 9%, rhh ..psn... up by only a%. 1— prapo"V la make
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(arb.MpaaoitaxwtelaaIb.o r.p, IuIn.wt aooeougr.atN.w., actrnsasl oc eole,ocold0 <).1Tu.hmne pGra1pyo. .1 cipnogomro.pAu.letps..oron, .ayaydbl,fiom voe wobaw.dee nntmeo .p
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Slide 2
I am proposing a General Obligation Bond
Issue for next year of $7.6 million.
$4.2 million is for recreation facilities.
$1.5 million is for the City's pledge to the
new library. The first $1.5 was included in
a prior bond issue.
$1.2 million is to cover non -reimbursed
repairs to the City's pier and upgrades.
$700,000 is for restoration of the Downtown
Museum.
Slide 4
CITY OF FAIRHOPE
MISSION STATEMENT
THE CITY OF FAIRHOPE WILL CONTINUE TO
ECONOMICALLY PROVIDE AND IMPROVE
THE QUALITY OF LIFE FOR THE
COMMUNITY THROUGH DEMONSTRATIVE
TRUSTWORTHY LEADERSHIP. THE CITY
WILL EMBRACE, NURTURE AND SUPPORT
OPEN INFORMATION AND THE EXCHANGE
OF INFORMATION THROUGH PUBLIC
PARTICIPATION THAT CREATES
COMMUNITY OWNERSHIP AND
IMPLEMENTS POSITIVE SOLUTIONS FOR
FUTURE NEEDS.
Slide 5 Slide 6
25 September 2006
3949
To accomplish this mission, I propose
the following capital additions for
fiscal 2007:
Parks and Recreation
Out front mower
$10,000
Infield Drag Machine:
12,000
Aerator:
9.000
Stadium Fencing:
15,000
$46,000
Police Department
Police Cars $100,000
Traffic Barriers 5,850
Storage Area for Haven 3.000
Computer equipment for Police Cars 40,000
$148.850
Slide 7
Purchasing Department
Fork Lift
$13,000
Pallet Racks
5,000
Pipe Rack
4,000
Sweeper
5,900
Inventory Bar Code
5,500
Storage Bins
2.000
$35,400
Planning and Building Department
Vehicle
$18,000
Testing Equipment
4,000
Code Books
3,250
Furniture
7.000
Computer Upgrades
4,500
Permit Signs
5,100
Lease Copy Machine
2.500
$44,350
Slide 9
Estimated additional annual costs related to
new library building - in addition to annual
appropriation:
Debt Service:
$129,150
Includes $1.5 million commitment and bridge
loan.
Increase in Insurance:
22,000
Increase in Utilities:
28,000
$179,150
Slide 11
Fairhope Volunteer Fire Department
Upgrade Engines 911 and 921
$375,000
Fire Hose
15,500
3 Station Bay Doors
18,000
Upgrade Burn/Training Building
7.500
$416,000
James P. Nix Center
Convection Oven
$ 1,500
Computer Equipment
2.500
Awning for Kitchen Entrance
500
S 4,500
Finance Department
Office Equipment
S 1,100
Slide 8
Street Department
3 - % Ton Pickups
$ 60,000
1 - 1 Ton Pickup
18,000
5 Colorado Pickups
60.000
Wacky Packer
5,600
Trailer
3.500
2 Mowers
35,030
Utility Vehicle
12.000
Tools/Equipment
15.000
$209,100
Sanitation/Trash
Recytlkg Center
$200,000
Garbage Truck
160,000
Trash Truck Loader
80,000
Backdoor Garbage Truck
87 000
$527,000
Slide 10
25 September 2006
3950
Fairhope Public Utilities
A
Slide 12
Electric Department
P.V.C. (ADEM)
$ 150.000
Hi -Ringer Utility Truck
103.000
Y. Ton Pickup
20.000
'/. Tan Pickup
30.000
Ditch Witch
50.000
Backhne
50.000
Utility Truck
40,QQQ
$ 443,000
Improvements to System
1,500.00 0
$1,943.000
Slide 14
Quail Creek Golf Course
Trim Mower
S 25,000
Sand Trap Rake
15.000
Utility Vehicles
16.000
Tractor
28,000
Greens Mower
18.000
Fairway M—ar
28.000
Vertl-Cut Reels
15.000
Irrigation Repairs
30,000
Pumphouse
12.000
$187.000
I propose 6he following capital knprovements and purchases of
equipment for our basil -type aOlvitbs:
Gas DeDartment
Service Truck
S 40,(100
Trencher
40.000
Repair Department Barn
25,000
Upgrade Welding Truck#1307
60,000
Upgrade Service Truck #377
35,000
Lira and Valve LocalorsrLeak Detectors
12,000
Replace Truck #327
20,000
Replace Truck #330
353�00
$267,000
Slide 13
Water and Sewer Department
Backup Generators(13) with
Switch Gem for Ultstations
S 285.000
Backhoe
14,000
Relining Thompson Hall Liftstation
50,000
Upgrade Doghouse Ldtstallon
50,000
Emend Water Department Barn
65,000
Replace Truck #451
30,000
Replace Truck #412
35,000
Replace Truck #427
22,000
New Locator Machine
7„50
558,500
Improvements to System
1.070.000
$1,628,500
Slide 15
CITY OF FAIRHOPE
BUDGET PROPOSAL
FISCAL YEAR ENDING
SEPTEMBER 30, 2007
Slide 16 Slide 17
CITY COUNCIL MEETING
SEPTEMBER 25,2007
25 September 2006
3951
GENERAL FUND BUDGET -REVENUES
PROPOSED 2007 BUDGET
REVENUE! -GENERAL FUND
ROP•e7 T.... J61e669
L-" Texn 903200
LkenwelPermiN 3,J6E,500
FInnIFOHeiluree .7,000
uE Rec. Income A�1.100
Slele el Neseme 2]9./00
US
Govemmenl ..S.—
F.— A 1676,900
TOTALS 1e.NXn.soJ
TrenN.fm U.FIy F.M ].JS0.000
TOTAL REVENUES AND TRANSFERS ta.]SI.500
Slide 18
GENERAL FUND BUDGET — EXPENDITURES
PROPOSED 2007 BUDGET
E%PEN OITURES - GENERAL FUND
GENERAL GOVERNMENT 6..29.162
POLICE ].141,757
FIRE 1.011,02E
RECREATION 617,1.E
ADULTRECREATION . .12
STREET 2.607,E4.
SANITATION 2.017,9S)
AIRPORT _1
STAFF AGENCIES - LIBRARY/THE HAVEN A16000
DEBT SERVICE 1.343,133
OTHER EXPENSES _GGG
TOTALS 11.2511.—
Slide 19
COMBINED TOTALS —GENERAL AND BUSINESS -TYPE FUNDS
2007 PROPOSED BUDGET
REVENUES 50.656.555
EXPENSES J.911�.6Ba
REVENUES OVER EXPENSES 1.IU1. e7
Slide 20 Slide 21
3952
25 September 2006
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution approving the proposed Budget FY 2006-2007.
Seconded by Councilmember Christenberry, motion passed unanimously by voice
vote.
RESOLUTION NO. 1315-06
BE IT RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the proposed Budget Presented and
reviewed this 25ih day of September 2006, be hereby approved and adopted for FY 2006-2007; and
BE IT FURTHER RESOLVED that the Annual Salaries of City Personnel shall be as shown on a list entitled Annual Salaries
of All City Personnel - Res. No. 1315-06 ; said list filed in the Office of the Mayor, of the City Clerk, and of the Personnel
Director; and
BE IT FURTHER RESOLVED that the Mayor's salary as Utility Superintendent shall be increased by 31/o,• and
BE IT FURTHER RESOLVED that each Full Time employee completing 12 (Twelve) months of employment without
missing a work day for sick shall receive a special One Time Pay Increase of $100.00. The twelve month period is October 1 —
September 30.
BE IT FURTHER RESOLVED that each Full Time employee shall receive a One Time Pay Increase for the period
I December 2005 through 30 November 2006, each qualifying employee shall receive $20.00 per month of
employment. To qualify, the employee must be a Full -Time Employee during this period. An employee hired on or
before the fifteenth (15) day of a month will be given credit for the full month; an employee hired on or after the
sixteenth (16`") day of a month will not be given credit for that month. In order to receive this One Time Pay Increase
an employee must be employed on the 301h of November.
For the same time period, and hiring rule each qualifying Part-time employee shall receive the following:
First year $ 25.00
Second year $ 50.00
Third year $ 75.00
Fourth year $100.00
The maximum amount for Part-time employees is $100.00. In the past, temporary employees have not received anything.
This One -Time increase will be awarded on Friday, 8 December 2006.
BE IT FURTHER RESOLVED that the Mayor be authorized to enter into a contract with the Eastern Shore Chamber of
Commerce to promote the City of Fairhope. The contract shall be for one year, 1 October 2006 - 30 September 2007, but may
be canceled at any time. Contract shall call for a payment to the Eastern Shore Chamber of Commerce of $125.00 per month
from the General Fund and $125.00 per month from each of the Utility Funds; or $6,000.00 for the one year term.
BE IT FURTHER RESOLVED that Mayor Kant is hereby authorized to secure 7.5 Bond Issue for the Airport Authority, and
to secure 7.6 Bond Issue for the General Fund.
ADOPTED THIS 25th DAY OF September 2006.
ATTEST:
Geniece W. Johnson, Cit erk
3953
25 September 2006
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution approving the Cost of Living increase for City
Retirees. Seconded by Councilmember Stankoski, motion passed by the following
voice votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -None.
ABSTAIN -Quinn.
RESOLUTION NO. 1316-06
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 2 of Act 510 of the regular session of the 2006 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 Employees' Retirement System of
Alabama and retired from the City of Fairhope or their eligible beneficiaries with the
aforementioned increase being effective with the October 2006 benefit payments.
ADOPTED THIS 25`h DAY OF September , 2006.
Attest:
eniece W. Johnson, lerk/Treasurer
I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama,
hereby certify that the foregoing is a true and correct copy of Resolution No. 1316-06
passed, approved, and duly adopted on 251h September 2006.
Geniece W. Johnson, City Clerk Date
3954
25 September 2006
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing an appropriation of $30,000.00 to the
Fairhope Rotary Boys and Girls Club. Seconded by Councilmember Quinn, motion
passed unanimously by voice vote.
RESOLUTION NO. 1317-06
WHEREAS, a contract shall be executed between the City of Fairhope and the Boys'
and Girls' Club of Fairhope, making an appropriation of $30,000.00
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2006 and ending 30 September 2007; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made quarterly in the amount of $2,500 from the three
Utility Funds of the City of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to sign a contract
between the City of Fairhope and the Boys' and Girls' Club of Fairhope.
DULY ADOPTED THIS 25tn DAY OF September-, 2006.
Attest
eniece W. Johnson, er
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing an appropriation of $10,000.00 to
the Ecumenical Ministries Inc. of Fairhope. Seconded by Councilmember
Christenberry, motion passed unanimously by voice vote.
3955
25 September 2006
RESOLUTION NO. 1318-06
WHEREAS, in Fairhope, Alabama, Ecumenical Ministries Incorporated (EMI) is a
public, non-profit, non -denominational, United Way social service agency; and,
WHEREAS, EMI's mission is to improve the quality of life in Baldwin County by
meeting basic needs, encouraging personal growth, effecting social and economic
justice and celebrate our common life; and,
WHEREAS, EMI provide services to the socio-economic and those in crisis
situations and have no place to turn for help on the Eastern Shore, including Fairhope
and South Baldwin County. The services rendered include:
• Emergency Aid — Direct assistance for medical, food, utilities, rent,
clothing, child care, transportation and other emergency needs.
• Meals on Wheels (MOW'S) — Volunteer's deliver nutritious, warm meals
six days a week. Meals are subsidized based on need and funding —
Fairhope area has nine routes.
• Home Repair — These projects include plumbing, electrical work,
rebuilding floors, installing windows and doors, roofing, building
wheelchair ramps and more. This program is for the elderly and disabled.
• Food Pantry — Our pantries provide a week's supply of food based on the
size of the family and their situation.
• Prescription Assistance — This program allows under -insured and non-
insured persons to receive life sustaining medications at reduced or no cost
through pharmaceutical companies indigent care program. EMI also
provide prescription assistance through the Ozanam Charitable Pharmacy
in Mobile.
• Church -based Community Organizing — This program empowers poor and
moderate income families to participate effectively in our democratic
system and allow community members the opportunity to address the
issues affecting their lives: paved streets, lighting, sewage, recreation and
drainage.
EMMY'S Thrift Shop — Through our emergency aid center vouchers are
given at no cost. With these vouchers, people can receive such items as
appliances, furniture, clothing, etc.
3956
25 September 2006
WHEREAS, Ecumenical Ministries Incorporated has served Fairhope residents since
1969 on a continuous basis and successfully demonstrated the capacity to operate a
neighborhood based on social service agency improving countless lives; and,
WHEREAS, Ecumenical Ministries support for 2006 -2007 fiscal year will provide
for two new programs. The first is a Housing Counseling Agency which offers
budget counseling classes, credit repair/building classes, assistance with down
payment program applications etc.. The second is a pilot program for the South
Alabama Regional Planning Commission, Area Agency on Aging involving a
nutritional supplement program for Baldwin County. This program provides ensure
to individuals 60 years of age and over who are medically prescribed this liquid
supplement and meet the income eligibility for this program.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIRHOPE, ALABAMA, that Mayor Timothy Kant is hereby authorized to establish
a contract for services between the City of Fairhope and Ecumenical Ministries
Incorporated to appropriate the sum of $10,000.00 to be used for the needs of
Fairhope residents.
APPROVED THIS THE 25`h DAY OF September , 2006.
y M1 Kant, JN4ayor
ATTE
Geniece W. Johnson,
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution authorizing an appropriation of $4,000.00 to the
American Red Cross, Alabama Gulf Coast Chapter. Seconded by Councilmember
Stankoski, motion passed unanimously by voice vote.
3957
25 September 2006
RESOLUTION NO. 1319-06
WHEREAS, a contract shall be executed between the City of Fairhope and the
American Red Cross, Alabama Gulf Coast Chapter, making an appropriation of
$4,000.00
WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October
2006 and ending 30 September 2007; but the contract shall be cancelled at any time
upon notice.
WHEREAS, payment shall be made in the amount of $4,000.00 from the three Utility
Funds of the City of Fairhope.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to sign a contract
between the City of Fairhope and the American Red Cross, Alabama Gulf Coast
Chapter.
DULY ADOPTED THIS 25tn DAY OF September , 2006.
Attest
Geniece W. Johnson, C rk
Councilmember Quinn 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 Stone Creek Phase I. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
3958
25 September 2006
RESOLUTION NO. 1320-06
WHEREAS, the Owners of Stone Creek, Phase I 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 2291-C, 2291-D, 2291-E, 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 Public Works Director 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 Stone
Creek, Phase I 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 Stone Creek, Phase I are hereby accepted for public maintenance subject to the
bond posted.
Adopted, this 25T" day of September , 2006.
ieniece
test:
` GU`
W. Johnson ity Jerk
3959
25 September 2006
Councilmember Christenberry introduced in writing, and moved for the
adoption of the following resolution, a resolution accepting the Water/Sewer utility
only within Mershon Place Subdivision. Seconded by Councilmember Ford, motion
passed unanimously by voice vote.
RESOLUTION NO. 1321-06
WHEREAS, the Owners of Mershon Place Subdivision desire to have all public
improvements dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama, on Slide 2097B, and all Fairhope public utilities
(Water/Sewer only) 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 Water and Sewer 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
Mershon 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 Mershon Place Subdivision are hereby accepted for public maintenance subject to
the bond posted.
Adopted, this 25TH day of September , 2006.
3960
25 September 2006
Councilmember Stankoski introduced in writing, and moved for the adoption
of the following resolution, a resolution authorizing Mayor Kant to execute a lease
contract between the City of Fairhope and Caterpillar Financial Services Corporation
for 24 months on a Caterpillar Wheel Loader. The monthly lease amount shall be
$1,692.76. Seconded by Councilmember Christenberry, motion passed unanimously
by voice vote.
RESOLUTION NO. 1322-06
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to execute a lease
contract between the City of Fairhope and Caterpillar Financial Services Corporation
for 24 months on a Caterpillar Wheel Loader. The monthly lease amount shall be
$1,692.76.
DULY ADOPTED THIS 25th DAY OF September , 2006.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to facilitate a lease
between the City of Fairhope and the Mobile Catholic Archdiocese for the 40-acre
park in Barnwell. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
RESOLUTION NO. 1323-06
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to facilitate a
lease between the City of Fairhope and the Mobile Catholic Archdiocese for the 40-
acre park in Barnwell.
DULY ADOPTED THIS 25th DAY OF September , 2006.
Tim y M. ant, Mayor
Attest
Geniece W. Johnson, Ci lerk
3961
25 September 2006
SEPT. 15,2006
BIDS FOR AIR CONDITIONER FOR CIVIC CENTER
REPAIR/REPLACE REPLACE
VENDOR COMPRESSOR ENTIRE UNIT
Star Service, Inc. no bid 21,535.00
Abbott Services, Inc. 9,985.00 19,895.00
Bay Aire, Inc. 11,884.00 20,356.00
Ingersoll's Refrigeration 10,399.37 16,600.00
Due to age of current non -operating system, it is recommended that we replace
the entire system at a cost of $16,600.00, with 30-Ton Carrier unit supplied and
installed by Ingersoll's Refrigeration.
James Gillespie
Councilmember Quinn Ford moved to accept the low bid of Ingersoll's
Refrigeration fort he replacement of the Air Conditioner unit at the Civic Center.
This project will be paid for by the General Fund Department. Seconded by
Councilmember Ford Stankoski, motion passed uWimously by voice vote.
There being no further business to come of re the City C it the meeting
was duly adjourned at 8:14 p.m.
Robert C. Gentle, Council President
Geniece W. Johnson, Clerk