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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. 3931 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. 3932 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' 3933 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 3935 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. 3936 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. 3937 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 3938 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. 3939 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' 3941 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 3942 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 3943 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 3944 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 upft0-q.II m nl pwch.0Yand ..1$1,6.360 him 11- n.w —pby... (t-pa". aw lee,— Pudic .ark.). Ad _wy. we rredb—an 6w cast ev increue b our refired enpbyee., a. we have d.cuued in au work u aFurals for Nis awl have been addod b the butlpal tar INa yeerr The uk et es wie ba In good shape Ihls year. (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 bI .l eayn .y rw pwdrb,krinftB 1 SWIN Ocb1,a2006, MEAsw Mcrl.lwko...6%.Ip.P_ Inoh.l th.muthl. nd h.lut r y..r. 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