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HomeMy WebLinkAbout10-09-2006 Regular Meeting3962 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 9 October 2006. Present were City Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. Mayor Timothy M. Kant was absent. There being a quorum present, City Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Mr. John Borom with Faulkner State Community College, gave the invocation. Councilmember Quinn moved to approve minutes of the 25 September 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports • Councilmember Ford addressed the City Council requesting that a portion of the upstairs of the new library be rented to Faulkner State Community College for the expansion of the Faulkner's Nursing program. Faulkner State Community College will pay for completing the ceiling, carpet and partition of the upstairs. Faulkner will also be responsible for their utilities and paying rent. The complete details of this agreement will have to be worked out. Dr. Branch with Faulkner State Community College addressed the City Council requesting an opportunity to expand Faulkner's Nursing program. The Bay Minette campus has reached maximum capacity, and expanding this program would allow Faulkner to double its program size. Dr. Branch further stated that this agreement would not be a temporary thing. Councilmember Ford moved to move forward and explore this agreement, and set up a committee to work on the details of the agreement. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Council President Gentle set the following committee to work out the details of the agreement with Faulkner State Community College to rent a portion of the upstairs of the new library: Councilmember Ford, Dr. Hollis Wiseman, Dr. Frank Boehm, and City Treasurer Nancy Wilson. Aaron Norris, Electric Superintendent will also attend all meetings, since he is over seeing the library project. • Police Chief Chris Browning presented the following PowerPoint Presentation: nment through the-deRvery, of fa while sUspei 09 October 2006 3965 Slide 13 Slide 15 Slide 14 Alcohol related offenses have decreased 50% - D.V. cases have increased by over 50% 4WIT 09 October 2006 • Administrative Superintendent, James Gillespie addressed the City Council that the City of Fairhope won its lawsuit between the City of Fairhope and Baldwin EMC. Mr. Gillespie reported that twelve jurors found the City of Fairhope as having an agreement with Baldwin EMC for electric service. A Public Hearing was held as advertised on a proposed ordinance to vacation of Cul De Sac and directing the transfer of a cul de sac at South Creek Circle, located within Rock Creek Subdivision, Fairhope, Alabama to Clearpoint Properties, LLC. Chris Haley addressed the City Council requesting the vacation of said cul de sac. Mr. Haley is developing a medical office for his wife. Councilmember Ford introduced the proposed ordinance. Councilmember Quinn inquired if Mr. Wynne could look into why this property is not being sold to Mr. Haley. Councilmember Ford inquired that we research why the reason for the cul de sac. Council President Gentle opened the public hearing at 6:05 p.m. • Eric Dyas addressed the City Council expressing the Jeff Phillips, the Rock Creek Home Owners Associations President, asked Mr. Dyas to attend this meeting to ascertain information of this issue. Mr. Dyas requested that the City Council hold this item over until more information can be gathered. The public hearing was closed at 6:07 p.m. Mr. Haley produced a copy of an e-mail from Mr. Phillips in support of the vacation. This item will layover until the next regular City Council meeting. Jonathan Smith with the City `s Planning Department addressed the City Council to report on the meeting held with the set committee to work of a resolution to the two recommendations of the Corte property to be developed in to Fly Creek PUD, and to discuss two other talking points. City Attorney Marion E. Wynne stated that allowing the property owners of the Sandy Ford Subdivision to present a petition to request having the proposed connectivity opened for vehicular traffic should be taken out of this ordinance. Mr. Wynne further explained that the legislative body could not delineate their decision to a subdivision ownership. After further discussion, Council President Gentle stated that the City Clerk would forward a copy of this proposed ordinance to the office of the City Attorney. City Clerk, Geniece W. Johnson also explained that a new public notice for another public hearing is being advertised, and the new public hearing will be held 23 October 2006 on the rezoning of the Corte property to add the recommendations agreed upon by the set committee. However, if anything were changed within the proposed ordinance all publication for the City Council would start over according to state law. 3967 09 October 2006 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public streets, public right-of-way, and all of Fairhope's public utilities within Copper Key Subdivision. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1324-06 WHEREAS, the Owners of Copper Key Subdivision desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2287D, 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 Copper Key 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 Copper Key Subdivision are hereby accepted for public maintenance subject to the bond posted. Adopted, this 09th day of October , 2006. M. lAant, Mayor Attest: Geniece W. Johnson, ' ' erk •.: 09 October 2006 Crystal L. Coffin addressed the City Council requesting speed bumps for the Meadowbrook Community. City Council President Gentle assigned the request of Ms. Coffin to the Street Committee to study and report to the City Council. Councilmember Quinn moved to grant Change Order # 5 of the Library Project by increasing the contract by $46,300.08 for miscellaneous additions and deletions from the project. Seconded by Councilmember Christenberry, motion passed by the following voice votes: AYE -Quinn, Stankoski and Christenberry, NAY -Ford. ABSTAIN -Gentle Councilmember Quinn moved to grant Change Order # 6 of the Library Project by increasing the contract by $66,139.19 for two upgrades to rooms sponsored by donors as well a miscellaneous minor adjustment to the project. Seconded by Councilmember Stankoski, motion passed by the following voice vote: AYE -Quinn, Stankoski, and Christenberry. NAY -Ford. ABSTAIN -Gentle Councilmember Christenberry moved to pay bills as presented. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Jennifer Fidler reported that Hutchinson Moore and Rauch will open bids for the NRCS project at White Avenue, and the City Council will have a bid on the next regular City Council agenda. Hop Allen addressed the City Council to inquire how many Councilmember knew of the assurance from members of the City's Planning and Zoning System to rezone the property located approximately on the southeast corner of Gayfer Avenue and east of U.S. Highway 98 aka Greeno Road. Mr. Allen asked that the City Council look into this. Mr. Wynne stated that if this assurance is true it would be out of line and no such agreement can be made. Leon Chambers addressed the City Council to express the following concerns: • The Corte property proposed for Fly Creek PUD is unmapped on FEMA maps. Mr. Chambers stated that the FEMA maps only goes up the Woodland Subdivision. The work performed by Volkert & Associates to delineate the wetlands must be submitted to FEMA, and to have this area mapped by FEMA the City must submit a request to FEMA. • In June, the re -codification of the Zoning Ordinance shows land districts. However, in 1992 the zoning ordinance did not show districts, but showed an overlay of district. • The old PUD area within the old zoning ordinance is approximately eight pages the new PUD area has only one page. The new law is a faulty law, and if districted then the districts must be within the ordinance. 3969 09 October 2006 Council President Gentle asked Mr. Chambers to work with Jonathan Smith on Mr. Chambers concerns. There being no further business to come before the City Council the meeting was duly adjourned at 7:10 p.m. Robert C. Gentle, Council President 4eniece W. Johnson, Ci erk