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HomeMy WebLinkAbout11-13-2006 Regular MeetingWTOZ 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, 13 November 2006. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Gregg Mims, Planning Director, gave the invocation. Councilmember Stankoski moved to approve minutes of the 23 October 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: Bill Bulman, Fire Chief addressed the City Council to present the Annual Fire Report, reporting that the Fairhope Volunteer Fire Department received 413 calls last year. Chief Bulman requested that the City Council look into passing an ordinance charging for false alarm calls. • Gregg Mims addressed the City Council to present the following information: R/V Parking — Complaints are growing on the number of RN and boats being parked in the front yard. Staff requests guidance from the City Council regarding the storage and parking of trailers and commercial vehicles. The zoning ordinance addresses the special conditions for storage and parking of trailers and commercial vehicles in order to ensure that parking and temporary storage of commercial vehicles, trailers, and recreational vehicles is not detrimental to the neighborhoods character and adjacent residents or property owners. Gulf Shores — Policy on R/V's — Allowed to be operational / "hooked up" at a single-family residence no more than 2 weeks per year. Allowed to store RN's at a single-family residence. Orange Beach - Policy on RN's - Can live in an RN during time of construction no longer than 6 months. R/V's cannot be used/ "hooked up" more than 7 days during a 3-month period. Mobile — Policy on R/V's - No hook ups in residential areas, period. Only in RV parks, no longer than 30 days. 3990 13 November 2006 City Attorney Marion E. (Tut) Wynne suggested looking at various subdivision covenants for guidance in this matter. 2. Short Tenn Rentals - Another growing issue — A growing number of single family homes are being turned into short tern rentals. Bed and Breakfasts are only allowed to operate within B-3a code zoning. From the Lodging Ordinance There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm, or corporation engaging in the business of renting or furnishing any room or rooms, lodgings, or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration, in an amount to be determined by the application of the rate of for (4%) percent of the charge for such room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in such room. The tax shall not apply to rooms, lodgings or accommodations supplied for a period of thirty (30) continuous days or more in any place Staff requests guidance from the City Council regarding Short Term Rentals. Gulf Shores - Policy on short-term rentals — Gulf Shores does not have any policy on short-term rentals. It would be very difficult to enforce. (AB). Orange Beach — Policy on short-term rentals — No specific policy on short-term rentals. When a real- estate company handles rentals, a lodging tax is imposed on the renter. In a place like Bear Point, individual homeowners rent their homes out; a lodging tax is likely not imposed on the renter. There are no special districts that address short-term rentals. Mobile — Policy on Short-term rentals — No policy. Single Family - Another growing issue — The number of persons living in one residence. From the Zoning Ordinance - Family: One (1) or more persons occupying a single dwelling unit and using common cooking facilities, provided that, unless all members are related by blood, adoption or marriage, no such family shall contain over five (5) persons, but that such family may also include gratuitous guests and servants in addition. Mr. Mims stated to keep in mind that certain language such as ..... include gratuitous guests and servants in addition, make it difficult to enforce certain ordinances. Gulf Shores — Policy on what constitutes a "single family" — No more than 4 unrelated people are allowed to live in a single dwelling unit. The term "unrelated" is not specifically defined in any policy or regulation. Orange Beach — Policy on what constitutes a "single-family" — They adopted the 2003 International Property and Maintenance Code. Only so many people per square foot, per bedroom, in Section 4 of the 2003 International Property and Maintenance Code. A minimum of 70 square feet of bedroom space per person. a%% 13 November 2006 Mobile — Policy on what constitutes a "single-family" — A group of people related by blood or marriage. No more than 4 unrelated people living under one roof (per unit). There are also building code provisions that would limit the number of people under one roof based on buildings' square footage. Staff requests guidance from the City Council regarding single-family issues, and requests updating this ordinance. Moratorium Issues — Mr. Mims stated that the Planning and Zoning Commission will adopt the revised Comprehensive Plan at their next scheduled meeting and will forward it to the City Council for the January 2007 meeting. 1. The issues with duplicating regulations of the city and county are being worked on. 2. Subdivision Regulations — the first workshop will be held on Tuesday, November 21, 2006. Impact Fee — Sometime in December 2006, the first meeting will be held regarding impact fees. An ordinance must be written, studied, and adopted. Mr. Mims stated that the moratorium will end December 261" at 5:00 p.m., and the City Council must think about if the moratorium needs to be extended for a short period of time. Mr. Mims stated that the City would be pushed to get all the reports and publications done regarding the moratorium issues before December 26, 2006. The City is going to need more time to get everything done and done right, Mr. Mims suggests that the City Council look at extending the moratorium for 60 to 90 days. Mr. Mims requests to work with Hand Arendall and City Attorney Mr. Wynne to write a resolution requesting an Attorney General Opinion on how to handle Condos and Apartments within the Planning Jurisdiction and how to regulate family subdivisions, family members who deed their property to other family members. Councilmember Ford exited the dais at 6:10 p.m., and return at 6:13 p.m. Rose Fogarty and Nancy Wilson, Accounting Department, presented the following power point presentation: 3992 13 November 2006 CITY OF FAIRHOPE CITY COUNCIL MEETING NOVEMBER 13, 2006 SUMMARY FINANCIAL REPORTS TWELVE MONTHS ENDED 9/30/2006 Slide 1 GAS FUND 12 MONTHS 12 MONTHS MCREA6E ENDED IN OED ry[CRFA{fl S/]G6N S/JOMS gEvlxGla L+JD.eJe 5.5u>9e s11.e{B CO3TOf ENERGY A091,682 J1906BB a00.9B] EXPENSEE� NX1UgNG TRANSFERS 2YJ6.973 30141628 (10a 655) TOTAL COSTIEXPENSE 1,11111 B111,121 EARNINGS ILOSS) 101,1SJ Slide 3 WATER/SEWER FUND 12 MONTHS 12 MONTHS INCREASE S. ENDED (DECR[Asfl SI]OMS 113ON1 REVENUES COST Of ENERGY EXPENSES WCLUOWG TRANSFERS 5.501.13S ].{67 450 1,OJ9.6Ba 297 414782 65,515 6,]64,076 256A32 TOTAL COSTrEXPENSE 7o50,50a 7,590605 1.2.— EARNINGS ILObfl S1S,]l1 Slide 5 ALL FUNDS 12 MONTHS 12 MONTHS xCR[ASF ENDED SNGEG (DECREASE) SI]0105 .I] — REVENUES 51o5J.609 41.4.— 6.569.322 EXPENSES 49AB9.502 42,921,641 561101 EXCESS REVENUE Slide 7 GENERALFUND 12 MONTH! 12 MONTHS WCREAaE ENDED ENDED (DECREASE) SI]OM{ SI]OMS REVENUESEm rNAxSFEAq 1So26A99 18.505.801 2.52D— EXPENSE] 1S.612.521 15.6J0.021 J.]�2.506 EEC ESS REVENUE OVER(UNDER) EXPENSE 11.112 Slide 2 ELECTRIC FUND 12 MONTHS 12 MONTHS EMDED ENDED 0]Ea2FAbq u3{M{ {naGS REVENUES 14S.112 12.660.a1 2.19R241 COST OF ENERGY B.J]]0a1 7.527.]]9 1.—.2. EXPRN SE3 INLL--TRANSFERS 5.01ASJ E,]12G13 119.361 TOTAL COSTIEXPFN SE 14A22.A15 12,—,1. EARNINGS(LOSS) 4.=1 Slide 4 GOLF FUND 12 MONTHS 12 MONTHS ENDED ENDED (DECREASE) 11JOM6 SI]OMS REVENUES 1,SJ0.62] 1,2]S.B68 2BI 657 EXPENSES 1-2.840 1.120.063 162A57 EARNINGS (LOSS) O,A] Slide 6 CASH BALANCE COMPARISON AT SEPTEMBER 30, 2006 CURRENT PRIOR MONTH PRIOR YEAR .11. OS M11R00a Sr .1— GENERALFUNU OAS FUND 2,199.591 1,952.399 2A03A21 572.6" 5a0.109 203,19] ELECTRIC FUND 1.B91.BI6 2455,220 2.931,981 WATERFUND 4S13,129 4682,166 X.110,606 GOLF FUND 175.240 109679 2711. OAS —FUND 251.SS1 —.051 221,1. CAMTALPROJECT3(INCLUDE3 LIBRARY PROJECT ACCOUNTI 366.162 4]96]9 1,9BS,217 TOTAL -ALL FUNDS 10,J1],1{9 10,552,665 12,331.52] MNIEINO FUNDS 2oB5025 1,953.191 3.05/,501 WARRANTFUNDS SSS.NS 652.146 1.291,a06 BALANCES EX CLUDING 31NKING AND WARRANT FUNDS 105,SS{ 1,SN,ISS S.2D1,a1{ Slide 8 3993 13 November 2006 Council President Gentle announced that an e-mail was received from Brooks DeLaney requesting, RLF Baldwin Properties, LLC request to zoned M-2 General Industrial District concurrent with annexation into the City of Fairhope, be pulled from the agenda. A Public Hearing was held October 23, 2006. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing Ordinance No. 1321, an ordinance to zone the property of Point Clear Development, LLC, as R-5 High density Dwelling Residential District, concurrent with annexation. This property is located at 18160 South Section Street, Fairhope, AL. Parcel Contains 40.7077 acres, more or less. 05-46-09-29-0-000-061.000. Battles Point Condnminium_ Jonathan Smith with the Planning Department addressed the City Council and explained the proposed ordinance. STAFFINTERPRETATION: The subject property is located in Baldwin County and is un-zoned. The property contains approximately 40.70± acres. The applicant is requesting an initial zoning of R-5 (High Density Dwelling Residential District) concurrent upon Conditional Annexation. The applicant has agreed to cap the maximum allowed density for the property at five (5) units per acre. The applicant has presented staff with a conceptual site plan for the property. The conceptual plan includes a multi -family development with an approximate density of 4.8 units per acre. Amenities shown on the conceptual plan include: an elaborate network of pedestrian circulation paths, Gazebos, an abundance of open space, a pool and a "preliminary common building". Immediately to the East, the site abuts the Huntington PUD (Planned Unit Development). The Huntington PUD consists of 175 acres and 540 lots, which brings the overall site density to approximately three (3) units per acre. South of the site is un-zoned County land. The "Cottages at Point Clear" multi -family development with a density of 3.6 units per acre, and The Meadows subdivision, which consists of 71 lots on 34.6 acres are also located just south of the site. West is Section Street, un-zoned County land, and single-family residential homes. Un-zoned County Land lies to the North. The issues associated with this request are as follows: Density: Staff believes that the density for the subject site should be capped at five (5) units per acre. A maximum density of five (5) units per acre will provide a gradual density buffer from Section Street to the Huntington PUD development, and if the project were to proceed being un-zoned in the County, the applicant could potentially build approximately six (6) units per acre. PLANNING COMMISSION RECOMMENDATION: The application was heard at the October 02, 2006 Planning Commission Meeting. The Planning Commission recommends the Council approve the R-5 (High Density Dwelling Residential District) zoning request contingent upon the following condition: 1. Maximum allowed density for the subject property shall be five (5) units per acre. Respectfully Submitted for Consideration, Jonathan I. Smith, Planner - City of Fairhope 3994 13 November 2006 The Planning & Zoning Commission recommended approval of this ordinance. Council President Gentle opened the Public Hearing at 6:16 p.m. and closed the Public Hearing at 6:17p.m. No one present was opposed to the amendment. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion passed for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn moved for final adoption of Ordinance No. 1321. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing Ordinance No. 1322, an ordinance to amend the Planned Unit Development (PUD) for North Village at Stone Creek (Ordinance No. 1301). This property is located north of Stone Creek Subdivision, west of State Highway 181 (aka County Road 27), Fairhope, Alabama. Parcel Contains 63.61 acres more or less. 46-07-26-0-000- 002.000. North Village at Stone Creek. Jonathan Smith with the Planning Department addressed the City Council and explained the proposed ordinance. C�IT�YI►i��777���lrL�]:F The subject property is located in the City of Fairhope and is zoned PUD (Planned Unit Development). This property contains approximately 63.61± acres. The applicant is proposing to modify the previously approved North Village at Stone Creek PUD. The proposed major modifications consist of transferring residential density from the commercial phase of the project to the residential phase of the project, increasing the Western project buffer along Highway 181 by 45 feet (from 90 feet to 135 feet), reducing the number of mini -storage units in the development, adding a clubhouse and pool, reducing the number of commercial buildings and transferring the mini -storage unit phase of the project to the Northwestern -most phase. The 30 residential units that were above retail in the previously approved PUD have been incorporated into the large residential phase to the East. Essentially, the applicant is proposing to take the mixed use out of the commercial phase and transfer/increase the density for the residential phase. Overall residential density for the project will not increase. The approved PUD and the Modified Site Plan both show a total of 110 residential units. In the previously approved PUD, the mini -storage phase was located between the Northwestern -most phase of commercial and the large Eastern phase, which consists primarily of residential units and retention ponds. Twelve (12) mini -storage buildings were approved in the original North Village at Stone Creek PUD; the applicant is now proposing eight (8) mini -storage buildings, and the impervious area of the mini -storage buildings appears to have been reduced. Overall impervious area for the project has been decreased from 17.28 acres (27%) to 14.36 acres (23%), and Total Upland Common Area has been increased from 20.23 acres to 23.15 acres. 3995 13 November 2006 Ten (10) commercial buildings, excluding the mini -storage buildings, have been approved; the applicant is proposing to reduce the number of commercial buildings from ten (10) to six (6). Immediately abutting the property to the South is the existing Stone Creek PUD development, to the North lays un-zoned County land and R-2 property zoned in the City of Fairhope; to the West is State Highway 181, and to the East is un-zoned County land. The issues associated with this request are as follows: Buffers: The applicant should provide an eight -foot opaque fence inside of the 20 foot landscaped buffer on the North and East sides of the mini -storage building phase. The applicant has agreed to leave all existing vegetation in the proposed 135-foot buffer between the mini -storage building area and State Highway 181. • Per the applicant, ALDOT is planning on increasing the Highway 181 Right of Way in this particular location by approximately 80 feet on the East side, therefore, a 55-foot natural buffer will end up separating the site from the State Highway 181 Right of Way. Traffic: ALDOT has required the applicant to provide a "left in and deceleration lane" into the site from State Highway 181. Mini -Storage Buildings: Staff recommends incorporating an architectural fagade into the South and West sides of the mini -storage buildings that could potentially be seen from Highway 181 and the main entrance into the project. Wetlands: Staff believes that all buildings in the development should be setback from the wetlands a minimum of 20 feet. Planning Commission: The Planning Commission heard This Case on October 02, 2006; staff made the following recommendations: Staff recommends approval contingent upon the following conditions: 1. The applicant shall provide and 8-foot privacy fence inside of the 20-foot buffer on the North and East sides of the mini -storage building phase. 2. Architectural facades shall be incorporated into the sides and faces of the mini -storage buildings that can be seen from Highway 181 and the main entrance into the development. 3. All buildings in the development shall be setback from the wetlands on the site by at -least 20 feet. 4. All materials used for site grading and building pads shall be in compliance with the City of Fairhope's Red Soil and Clay Ordinance. The Planning Commission approved the application with conditions two (2) and four (4). Conditions one (1) and three (3) were not deemed necessary by a majority of the Commission and were omitted from the Planning Commission's recommendation to the City Council. Planning Commission Recommendation: The Planning Commission recommends the City Council approve the project contingent upon the following conditions: 1. Architectural facades shall be incorporated into the sides and faces of the mini -storage buildings that can be seen from Highway 181 and the main entrance into the development. 2. All materials used for site grading and building pads shall be in compliance with the City of Fairhope's Red Soil and Clay Ordinance. Respectfully Submitted for Consideration, Jonathan I. Smith, Planner City of Fairhope 3996 13 November 2006 The Planning & Zoning Commission recommended approval of this ordinance. Council President Gentle opened the Public Hearing at 6:24 p.m. Robin Gregory with Volkert and Pat Achee developer of said property addressed the City Council to explain the amendments to the PUD. Council President Gentle closed the Public Hearing at 6:32 p.m. No one present was opposed to the amendment. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion passed for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn moved for final adoption of Ordinance No. 1322 , as long as the setback from the wetlands on the site is at -least 20 feet. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant and the Fairhope Airport Authority to make application in the amount of $114,673.00 for airport improvement funding assistance from the State of Alabama Department of Transportation, for the purpose of undertaking a project to make improvements at the H. L. "Sonny" Callahan Airport. The Federal portion shall be $108,939.34 and City and State will be responsible for $2,866.83 each. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1327 BE IT RESOLVED, BY THE FAIRHOPE AIRPORT AUTHORITY/CITY OF FAIRHOPE AS FOLLOWS: 1. That the Fairhope Airport Authority/City of Fairhope is authorized to make an application in the amount of $114,673.00 for airport improvement funding assistance from the State of Alabama Department of Transportation, for the purpose of undertaking a project to make improvements at the H.L. Sonny Callahan Airport. 2. That the application be submitted for and on behalf of the Fairhope Airport Authority/City of Fairhope by its Mayor who is authorized by this resolution to sign the application and any related forms or documents on behalf of the H. L. Sonny Callahan Airport. 2. That the Fairhope Airport Authority/City of Fairhope is authorized to enter into an airport improvement funding agreement with the 3997 13 November 2006 State of Alabama, acting by and through the Alabama Department of Transportation, for the purpose of undertaking a project to make improvements at the H.L. Sonny Callahan Airport, with partial funding provided by the State of Alabama. That the agreement be executed in the name of the Fairhope Airport Authority/City of Fairhope for and on behalf of the Fairhope Airport Authority/City of Fairhope by its Mayor. 5. That the agreement be attested by the City Clerk and the seal of the Fairhope Airport Authority/City of Fairhope affixed thereto. That the authority of the Fairhope Airport Authority/City of Fairhope to enter into contracts with the State of Alabama has been reviewed by the Fairhope Airport Authority /City of Fairhope attorney,"and in his opinion, the Fairhope Airport Authority/City of Fairhope is duly authorized to commit the Fairhope Airport Authority/City of Fairhope to an agreement with the Alabama Department of Transportation. BE IT FURTHER RESOLVED, that the Fairhope Airport Authority/City of Fairhope hereby affirms that the local matching share of funds in the amount of $2,866.83 required for this agreement has been officially approved, placed into the budget of the airport and is available for expenditure upon execution of the State of Alabama's funding agreement and the start of the project. The total funding for this project will be as follows: Federal $108,939.34 State $ 2,866.83 City $ 2,866.83 Total: $114,673.00 I, the undersigned qualified and acting as the City Clerk of Fairhope Airport Authority/City of Fairhope, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the Fairhope Airport Authority/City of Fairhope named therein, at a regular meeting of such body held on the 131h day of November 2006, and that such resolution is on file in the office of the Fairhope Airport Authority/City of Fairhope. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Fairhope Airport Authority/City of Fairhope on this � day of KJO . , 2006. Adopted This 131h Day Attest: en W. Johnson, Ci Clerk Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant and the Airport Authority to execute an agreement between the City of Fairhope and Volkert & Associates, Inc. to provide professional services related to the construction of Access Taxiways and Approach Aprons at H. L. "Sonny" Callahan Airport. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. WI 13 November 2006 RESOLUTION NO. 1328 WHEREAS, this agreement is entered into between Volkert and Associates, Inc. and the City of Fairhope to provide for the design and construction of two (2) access taxiways and four (4) approach aprons for two (2) existing 8-unit T-Hangers. The Taxiways will connect to the existing apron and extend the full length of the T-Hangers. Drainage will be controlled with the use of site grading and existing drainage structures; and WHEREAS, the construction for the North T-Hanger will consist of two (2) asphalt approach aprons approximately 200-feet long and 25-feet wide and will connect the T-Hanger to the existing taxiways; and WHEREAS, the construction for the South T-Hanger will consist of two (2) asphalt taxiways and two (2) asphalt approach aprons approximately 200-fet long and 50-feet wide and will connect the T- Hanger to the existing apron. WHEREAS, the scope of services is outlined in the contract on file with the City of Fairhope, which includes the following: Preliminary Phase $ 730.55 Design Phase $11,105.33 Bid Phase $ 1,396.48 Construction Phase $ 2,327.90 Geotechnical Investigation and Material Testing (sub) $ 4,000.00 Volkert and Associates — Administrative Fee $ 200.00 Survey (subcontracted Marshall A. McLeod) $ 3,750.00 Volkert and Associates — Administrative Fee $ 187.50 TOTAL $23,697.76 BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor, Timothy M. Kant is hereby to execute a agreement between the City of Fairhope and Volkert and Associates, Inc. to provide professional services related to the construction of Access Taxiways and Approach Aprons at H.L. "Sonny" Callahan Airport. ADOPTED this 13th day of November , 2006. ATTES "a4-, Geniece W. Johnson, City lerk Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution requesting Baldwin County Board of Education to amend the five year plan to insure (a) modernization of the historical building at the Fairhope K-1 Center (b) expansion of the school to utilize all of the existing school property on the site and (c) maintain and manage the K-1 Center as a county public school. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 3999 13 November 2006 RESOLUTION NO. 1329 WHEREAS, The Fairhope K-1 Center, opened in 1925, as Fairhope High School, has been a longtime fixture of the Fairhope Community and is recognized as a Contributing Historic Structure in Downtown Fairhope, a Nationally Registered Historic District; and WHEREAS, Baldwin County Public School students have received award winning educations at the school for more than 80 years; and WHEREAS, The Fairhope community recognizes the value of excellent educational tradition; and WHEREAS, The citizens of Fairhope value the architectural significance and have the desire to preserve the historic building for future generations of students; and WHEREAS, The residents of Fairhope acknowledge and place significant worth on the enormous educational enrichment opportunities allowed by the central downtown location of the community school; and WHEREAS, The citizens of Fairhope recognize the increased vitality of downtown Fairhope because of the presence of the K-1 Center there; be it RESOLVED, The Fairhope City Council publicly joins the citizens and merchants of Fairhope and acknowledges the need for the Fairhope K-1 Center to remain at its current location and serve public school students in our community; and BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, Thai the Fairhope City Council request the Baldwin County Board of Education amend the five year plan to insure (a) modernization of the historical building at the Fairhope K-1 Center (b) expansion of the school to utilize all of the existing school property on the site and (c) maintain and manage the K- I Center as a county public school. ADOPTED this 13`h day of November , 2006. el im y M. K nt, Mayor ATTE (1ZXAAA# ��A Geniece W. Johnson, Ci lerk C Councilmember Ford expressed that the City may paint themselves into a corner, and that the City Council agreed to work with the school board. Councilmember Stankoski stated that the key word is that this is a request and that the School board needed to know officially and unofficially that we want to keep the K-1 Center there. City Council reviewed an application for a Beer/Wine Off Premises License by Break Away, LLC/Laura C. Grady, located at 369 South Mobile Street, Fairhope, Alabama. Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 4000 13 November 2006 City Council reviewed an application for a Restaurant Liquor License by TGB, LLC/Terra W. Berry, located at 212 '/z Fairhope Ave., Fairhope, Alabama. Councilmember Christenberry moved to approve the issuance of the license. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Quinn moved to update the Reserve Police Officers Roster by adding Jeremy Davis, Tiffany levy, and Stan Stabler, and by deleting John Morgan and Ernest Bishop. Seconded by Councilmember Christenberry motion passed unanimously by voice vote. Bob Pope owner of Yardarm Restaurant, located on the Municipal Pier addressed the City Council requesting that the Council authorize Mayor Kant and City Attorney Marion E. Wynne to talk over the existing lease or draft a new lease and present to the City Council for final approval. City Attorney Marion E. (Tut) Wynn exited the dais 6:55 p.m. Councilmember Quinn moved to grant Mr. Pope's request to authorize Mayor Kant and City Attorney Marion E. Wynne to talk over the existing lease or draft a new lease and present to the City Council for final approval. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. City Attorney Marion E. (Tut) Wynn returned to the dais 6:58 p.m. Councilmember Ford moved to authorize the Volunteer Fire Department's request to repair two fire engines (Engine 911 and Engine 921) at the cost of approximately $100,000.00 each. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Council President Gentle announced that Mr. Wynne has a medical emergency and the scheduled Executive Session of the City Council and Mayor immediately following the printed agenda has been cancelled. Mr. Wynne exited the dais at 7:01 p.m. Scott Hutchinson with Hutchinson Moore and Rauch, LLC addressed the City Council to explain the bid to repair Cliff Drive at South Mobile Street. Larry Thomas, President of Fairhope Single Tax Corporation, addressed the City Council requesting to layover this item until the next regular City Council meeting in order to give FSTC time to discuss with HMR the repair work. 4001 13 November 2006 FSTC and Baldwin County School Board has formed a Gully's Initiative to work together to get all the gullies owned by the school board deeded to FSTC. The FSTC will then deed the gullies to the City under the Park's deed. The main concern is to protect the gullies within Fairhope. Councilmember Quinn moved to layover the bid to repair Cliff Drive at South Mobile Street a NRCS project for two weeks (next regular meeting). Seconded by Councilmember Ford, motion passed unanimously by voice vote. Identification: "TENTS - NEW YEARS EVE" Bids open on: October 23, 2006 at: 10:00 a.m. Tent Rentals and other equipment for New Years Eve Celebration — Downtown Fairhope. VENDOR: QTY: ITEM: RENTAL SET-UP TOTAL TOTAL PRICE EA. PRICE. OF PRICE: RENTAL SET-UP 25 - 20' x 20' Tent with $190.00 $40.00 $230.00 Blue Rents, Inc. Sides Mobile, AL $100.00 $40.00 $140.00 $7,930.0 4 - 10' x 10' Tent with 0 Sides $60.00 -0- $60.00 27 - Tent Heaters 25 - 20' x 20' Tent with $220.00 $80.00 $7,500.00 Sides Port City $135.00 -0- 540.00 $8,850.0 Rentals, Inc. 4 - 10' x 10' Tent with 0 Mobile, AL Sides $30.00 -0- $810.00 24 - Tent Heaters 25 - 20' x 20' Tent with $425.00 $175.00 $600.00 Miller's Grand Sides - Events $212.50 $175.00 $387.50 $17,660. Fairhope, AL 4 - 10' x 10' Tent with 00 Sides $55.00 -0- $55.00 24 - Tent Heaters It is advised to accept the low bid of BLUE RENTS, Mobile, Alabama for the total price of $7,930.00. All specifications have been met. Sherry Sullivan, Event Coordinator Wayne Smith, Purchasing Agent Councilmember Christenberry moved to accept the low bid of Blue Rents, Inc., Mobile, Alabama for the rental of tents for New Year's Eve Celebration, provided all specification are met. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 4002 13 November 2006 Councilmember Stankoski moved to accept the state bid for the purchase of three (3) Ford Crown Victoria Police Interceptor Automobiles with Police package plus one additional police package for Police Vehicle #129 (approved September 11, 2006) - $60,949.00, provided all specifications are met. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn moved to pay bills as presented. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Edward Stone a resident of 207 Magnolia Avenue addressed the City Council requesting that the City Council not allow recreational vehicles to be parked in the front yard or side yard, if a side lot. Vince Valentim addressed the City Council requesting that the City Council look into single-family homes being turned into short-term rental units. There being no further business to come before the City Council the meeting was duly adjourned at 7:20 p.m. Robert C. Gentle, Council President Geniece W. Johnson, Ci rk