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Home My WebLink About11-27-2006 Regular Meeting4003 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, November 27, 2006. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, and Cecil Christenberry; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. Councilmember Michael A. Ford was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Rev Joe Bullington at United Methodist Church, gave the invocation. Councilmember Quinn moved to approve minutes of the 13 November 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: Rose Fogarty and Nancy Wilson Accounting Department presented the following power point presentation: 27 November 2006 CITY OF FAIRHOPE CITY COUNCIL MEETING NOVEMBER 27, 2006 SUMMARY FINANCIAL REPORTS ONE MONTH ENDED 10/31/2006 Slide 1 GAS FUND 1 MONTH 1 MONTH ENDED ENDED (DECREAS4 1a]1/OE t0nlroe REVENUES 261,N$ COST OF ENERGY I..— 351,900 EXPEN— - -VOINGTRANSFERS 24e.$91 192,135 52.552 TOTAL COSTRUIPENSE AJSA91 52T.065 EARNINGS(LO331 (1SS,IS9) Slide 3 WATER/SEWER FUND 1 MONTH 1 MONTH INCREASE ENDED ENDED (DECR.AS.I IamNN lonlro5 REVENUES .11.1. 69].148 (21.982) COST OF ENERGY 3— 2e.1911CLU6.05E EXPEJ of SEERS 5292. 4b.442 e2.162 TOTAL COSTIEXPENSE 561 A5J 472,633 EARNINGS(LOSS) 103,111 Slide 5 ALL FUNDS 1 MONTH 1 MONTM NCREASE ENDED ENDED (DECREASE) IOn1roS tOntro3 REVENUES SOBT,BIA ].]52AU I34,960 EXPENSES 3.IBJ626 2.6136e1 —741 EXCE93 R EVENUE OVER(UNDER)EXPENSE 326,1ee Slide 7 GENERALFUND 1 MONTH IMONTH NCREAeS, ENDED ENDED IDecREA54 1aJ1103 10n1103 REVENUES 1,111,32. 622,962 366,344 INClua90 uiXm iNANSru31 EXPENSES Bfie,113 )Si.089 116,023 !XCl3! REVlNU! OVER (UNDER) EXPENSE 603,211 Slide 2 ELECTRIC FUND 1 MONTH 1 MONTH INCREASE ENDED ENDED (OSCRE"E) lonlro6 ta]]ws REVENUES 1.537.857 1.]SS520 1e4,]]1 COST OF ENERGY BI1.— 641.A. 211,511 EXPEMSES- INCLUDING TRANSFERS JSO,931 3IS5A9 14.]B2 TOTAL CO—XPEN SE 1,285,931 9B60J6 EARNINGS (LOSS) 231,92E Slide 4 GOLF FUND 1 MONTH 1 MONTH .-SAME ENDED ENDED (OECREA6E) 1nnlroE Ia]tros REVENUES I,$' 8 1DT.31 9,1. —NSES 1138JJ 101.01E 5.55) EARNINGS GM331 Slide 6 CASH BALANCE COMPARISON AT SEPTEMBER 30, 2006 CURRENT FRIOR MONTH ANM YEAR 1a]1200S a]on003 GENERAL FUND 2.250,191 2, 195591 GAE FUND 57262D fOn1n00e 3,593126 21.A. ELECTRIC FUND 1.5]O.ES) 1.—N6 WATERFUND 3.9e5.1]0 .51].129 2,927— 4119,6Be GOLF FUND 11J.136 1]S240 J1G— GASTAX FUND 2660]] 25]661 I]5.300 C—AL PROJECTS (INCLUDES LIERARY PROJECT ACCOUNT) 7H311 J86,762 1)5,59] TOTAL -ALL FUNDS %—.0]E f0,1)1.1e9 12,336,500 SINNING FUNDS 2,iBTBB6 2,OBS,D23 2.172.5e2 WARRANT FUNDS 359,800 656.21B 116JA13 BALANCES EXCLUDING SINKING AND WARRANT FUND$ 1,]S2,]33 I,S]SAM 5,102,50E Slide 8 4005 27 November 2006 • Gregg Mims, Planning Director reported that staff is working to clean up the Subdivision Regulations before receiving the recommendations from Neel — Schnaffer, Inc. The Subdivision are amended by having staff to go through the regulations and the Planning and Zoning Commission will have a hearing on the proposed amendment to the subdivision regulations and the amendments are recorded in the probate office. Mr. Mims reported that the city would no longer review condos/apartments outside the corporate limits of Fairhope. Chris Gill an Attorney with Hand Arendall LLC and City Attorney Marion E. Wynne are researching if the State Code of Alabama would allow cities to review condos/apartments outside the corporate limits. There is a concern with condos/apartment outside the corporate limits in that other then the building code review there is no other review regarding the size of the structure. If the applicant of a condo/apartment project meets the minimum requirements of the Subdivision Regulations, the city will have to issue a building permit. Councilmember Stankoski inquired about the state law's regulation for condos height. Mr. Wynne explained that the state law, as pertaining to condos, only allows for a condo association to be setup and common areas to be designated, but does not address setbacks or heights. Mr. Mims also stated that the County has pulled the plug on reviewing condos until the legal aspect is addressed. Mr. Mims presented the following memorandum regarding the extension of the moratorium: HEIR 27 November 2006 MEMORANDUM TO: Fairhope City Council FROM: Brently Gregg Mims Planning Director City of Fairhope DA TE: November 21-2006 RE: Moratorium Options/Subdivision Regulations Amendment Process As discussed at the last City Council Meeting Ordinance No. 1304 which established a six (6) month moratorium on filing subdivision applications is set to expire on December 26, 2006. In considering this issue the City Council has the following options: 1) Take no action and allow the moratorium to expire; 2) Extend the moratorium as written for a set period of time; 3) Extend the moratorium with amendments to Section 3 -Categorical exemptions. For example the Council could add an additional exemption for minor subdivisions. Minor subdivisions are defined as "For platting of ten or fewer lots, where there are no new streets or rights -of -way and no new utility mains required, application for simultaneous preliminary and final approval may be made to the Planning Commission. Submittals shall in all other respects meet the minimum requirements of these regulations." Recently there have been questions surrounding- the process of amending the City of Fairhope Subdivision Regulations. The Planning Staff is currently reviewing the subdivision regulations with the Planning Commission. The staff will recommend amendments to the regulations to clarify many issues and update submittal requirements. In addition to these updates we will await the report and recommendations of Neel -Schaffer Consulting Engineers. After the Planning Commission and Neel -Schaffer complete the updates to the subdivision regulations the Commission will schedule a public hearing for comments and final adoption. After approval by the Planning Commission the document will be recorded in the Probate Court of Baldwin County. Attached to this Memorandum you will find a copy of the adopted moratorium ordinance and a copy Of page 14 Of the subdivision regulations that define a minor subdivision If you have any questions, please contact me at 990-0171 Mr. Mims recommended that the City Council extend the moratorium for 90 days and to allow minor subdivision, as defined in the subdivision regulations, to be exempted. 4007 27 November 2006 City Council President Gentle opened the public forum at 5:55 p.m. allowing the public to voice their opinion on extending the moratorium. 1. Will Street a resident of Fairhope addressed the City Council expressing the City Council should not extend the moratorium due to him having a piece of property under contract at 3.2 million dollars. Mr. Street expressed that the potential buyer has agreed to extend his offer for 6 months to the original end of the moratorium. Mr. Street did not think it is fair to extend the moratorium for 90 days and close the door on his way of living. 2. Jeremy Milling with White/Spunnar addressed the City Council requesting that the City exempt minor subdivision from the moratorium. 3. Jeff Thompson addressed the City Council expressing that extending the moratorium for 90 days would mean that it would be 6 months before any subdivision could be submitted. 4. Jeannie Norman a member of the Environmental Advisory Board addressed the City Council expressing that extending the moratorium for 90 days is a great idea. The open forum was closed at 6:09 p.m. Councilmember Quinn stated that she would like to see a time line for getting City's concern addressed. Mr. Mims stated that 90 days would be adequate. Councilmember Stankoski expressed that a lot of the citizens' money is being spent on the contracts and studies during the moratorium period and if the City did not wait on the results of the studies by extending the moratorium for 90 days what good would the studies be? Mayor Kant expressed that the Planning and Zoning Commission must still agree upon the extension of the moratorium. Councilmember Christenberry moved to move forward with preparing the ordinance to extend the moratorium with option 3 to exempt Minor Subdivision and add to the December 18, 2006 regular agenda. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Councilmember Quinn introduced in writing Ordinance No. 1323, an ordinance, amending Ordinance No. 1280 — Business License Ordinance. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry and Gentle. NAY -none. Councilmember Christenberry then moved for final adoption of Ordinance No. 1323. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Quinn, Stankoski, Christenberry and Gentle. NAY -none E11: 27 November 2006 Councilmember Quinn introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Watermark Design to provide professional services related to the architectural design work for the addition to the Fairhope Recreational Center in the amount of $149,600.00. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1330-06 WHEREAS, this agreement is entered into between Watermark Design and the City of Fairhope to provide for the architectural design for the Fairhope Recreational Center addition located at Volanta Ball Park in Fairhope, Alabama; and WHEREAS, the addition to the existing Fairhope Recreation Center is to include an indoor basketball court, elevated walking track, handball court, weight/fitness room, game room, conference/classroom and associated office/facility support spaces; and WHEREAS, the scope of services is outlined in the contract on file with the City of Fairhope, which includes the following: Schematic Design Phase $ 29,920.00 Design Development Phase $ 29,920.00 Construction Documents Phase $ 59,840.00 Bidding or Negotiation Phase $ 7,480.00 Construction Phase $ 22,440.00 TOTAL $149,600.00 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor, Timothy M. Kant is hereby authorized to execute an agreement between the City of Fairhope and Watermark Design to provide professional services related to the architectural design work for the addition to the Fairhope Recreational Center. ADOPTED this 27`h day of No Councilmember Christenberry introduced in writing and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a lease agreement between the City of Fairhope and Caterpillar Financial Service Corporation for a new 420E Caterpillar Backhoe Loader for 48 months - $55,002.44 (four annual payments of $13,750.61). Seconded by Councilmember Quinn, motion passed unanimously by voice vote. ,M 27 November 2006 RESOLUTION NO. 1331-06 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 agreement between the City of Fairhope and Caterpillar Financial Services Corporation of Nashville, TN for the lease of a new 420E Caterpillar Backhoe Loader. The term of the lease shall be for four (4) years at $13,750.61 each year for a total of $55,022.44 for the Water and Sewer Department. DULY ADOPTED THIS 27th DAY OF November , 2005. City Council reviewed an application for a Beer/Wine On/Off Premises License by Betty Rejczyk, dba Emma's Bay House, as a Bed and Breakfast, located at 202 South Mobile Street, Fairhope, Alabama. Ms. Rejczyk stated that she would like to do catering as well and have weddings at this location, but you would not be able to come in and purchase a beer or wine and walk out of the establishment. City Council President Gentle explained that the categories for Alcohol Beverage License are set by the State. The Beer/Wine On/Off Premises is the only categories that would allow Ms. Rejczyk to offer Beer/Wine within the establishment and allow Beer/Wine to be taken off premises for catering purposes. Reba Cunningham addressed the City Council expressing that she lives two houses down from Ms. Rejczyk's B&B and that she was opposed of approving such a license. Ms. Johnson, City Clerk'explained that the city is only approving the issuance of the license, not the license itself. The ABC Board actually approves the license. Councilmember Christenberry moved to approve the issuance of the license. The motion died for a lack of a second. 27 November 2006 Councilmember Quinn moved to appoint Charlie Bassett to complete Jim Garrett's (resigned) term on the Airport Authority. This term shall end March 2011. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Larry Thomas, President of the Fairhope Single Tax Corporation addressed the City Council to report on the following: • Community /volunteers clean up day at Knoll Park Mr. Thomas asked for permission to use Jennifer Fidler and the City's equipment and crew to help with the cleaning of Knoll Park. The Master Gardeners group has volunteered to help and any volunteers are welcomed. The date(s) for the clean up will be given at a later time. Knoll Park is owned by the City and is within the 1931 Parks Deed. • Working with Baldwin County School Board to get the portions of the gullies in Fairhope that they own into a Parks Deed to the City of Fairhope - Gully Initiative Project Dean Mosher, Vice -President of the FSTC announced that the FSTC is working to protect and enlarge the watershed system by working with the Baldwin County School Board to obtain the gullies owned by the School Board and placing these gullies within the 1931 Parks Deed. Michael Keating with the Baldwin County School Board Planning Department expressed that he will make a recommendation to the School Board to deed Stacks gully and Bayou Street gully to the FSTC and the FSTC will deed these gullies to the City to become a part of the 1931 Parks Deed. Bayou Street gully is located behind the James P. Nix Center, and Stacks gully is located behind the K-1 center, totaling approximately 9 acres. The lines of the gullies are to the contour and not usable land. City Council President. Gentle appointed Councilmember Ford to work with the Gully Initiative Project, and to report back to the City Council. City Council President Gentle inquired if it made sense to deed a few feet of usable lands in order to get into the gully areas without being on private property. Details such as this and others will be worked out. Councilmember Quinn will serve as an alternate City Council representative to the Gully Initiative Project. The Update on Fairhope Historic Museum - Old City Hall or Old City Jail 351 North Section Street, Fairhope, Alabama 4011 Mr. Thomas reported that once the old shell of the Old City Hall and the old Civil Defense building were removed the FSTC realized that just having the Old City Hall/Old City Jail renovated there would not be enough space for the Fairhope Historic Museum. Therefore the future additional portion to be constructed to the rear of the building will become a part of the current renovation project. Mr. Thomas also reported on the Downtown Initiative to reshape the way Fairhope Avenue and Section Street Plaza looks. Currently two FST lessees own the corner where the Fairhope Clock is located. The two parcels are for sale, and someone could buy the Plaza. Mr. Thomas explained that he is reporting on this for two reasons: 1. To raise the public's awareness that the plaza can potentially be lost. 2. To look at preserving the plaza by acquiring the land. Mr. Mosher stated that if even a portion of the plaza were sold it would change this corner forever. FST is interested in the plaza and will work with the Downtown Association and private citizens to preserve the plaza. City Council President Gentled appointed Councilmember Quinn to work with Mayor Kant on the plaza property and report back to the City Council. Councilmember Quinn moved to un-table the bid for the repair work on Cliff Drive at South Mobile .Street — NRCS — EWPP Agreement #69-4101-6-27: FAI 0905- 12. Total cost of NRCS project will be $743,206.30. ($557,404.73 will be reimbursed and $185,801.57 will be the city's cost). Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 4012 27 November 2006 CITY OF FAIRHOPE USDA NRCS EWPP AGREEMENT NO.: 69-4,101.6-27 CLIFF DRIVE @ SOUTH MOBILE STREET FAI.0905-12 OCTOBER 24, 2006 I Litchinsen, Moo¢ k Rauch, LI.0 Fnc,41— • 5,,mym, r Land Pi:rrmrs U TS- ESN 1\L MULCHI\ , I L i 70?. iEROSICTI CONTROL BLANKET '> _.. c, ;ON ALL DISTUR.3ED AW'AS i 715 iMSE WALL (5C5 U:F ( LS .._... __...__ ....... -._. i .-.__ I :'26 `REPLACEkIENT' OF ALL LS iDRIVEWAYS (CONCRETE Or, t ASPHAL.'f). FENCES, ?BEES, BUSHES, OTHER STRUC-JRE S THAT ARE D:STURBEO AS PART i II !OF THIS WORK , __— i42 NEVr' INLFT, 11P1 I . Fll..h ........__.j ......L A5f-`HAL'!' TO RFPA!R R0Ar7ldAY I f SETTLEMENTONSUkIMiTVJESTI IOF K'i CENTER ..._._...._..............:.....__...... PJe CCTOB_R, 2306 JOHN G. WALTON t ,. �r �r• '1!' c, 107,411 .t _._.t •,. 465,053 a ._... �, a• f Y_. 13.838 , 195 this tA.be "up and co-roct :obu!a9on on the above named project. Coro uction Manager Hutchinso,t. Moore & R uc . LLC F23ET;LS6A Councilmember Stankoski moved to accept the low bid of John G. Walton, Mobile, Alabama, for the repair work on Cliff Drive at South Mobile Street — NRCS — EWPP Agreement #69-4101-6-27: FAI 0905-12. Total cost of NRCS project will be $743,206.30. ($557,404.73 will be reimbursed and $185,801.57 will be the city's cost) Laid over from 13 November 2006 City Council Meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. The General Fund Operation Fund will pay for this repair work. 4013 27 November 2006 Identification: "FLY CREEK FISH MARKET BID" Bids must be received by: October 10, 2006 at: 10:00 a.m. BIDDER PROPOSAL MONTHLY RENT START OCCUPY DATE CONSTRUCTION Ed Wall No proposal Fairho e, AL submitted with bid. $400.00 G. Carol Bramblett Full renovation of Mobile, AL structure proposed. $200.00 See attached Cyril Hand Silverhill, AL NO RESPONSE Scolia Steadman NO RESPONSE Parker Pason Fairho e, AL NO RESPONSE Stanley Walker Fairho e, AL NO RESPONSE Shutt Safe Harbor Seafood NO RESPONSE Bon Secour, AL Matthew Klchinski Da hne, AL NO RESPONSE Patrick McDonald Point Clear, AL NO RESPONSE Rebecca David Da hne, AL NO RESPONSE Creekside Development NO RESPONSE Fairho e, AL Doug West Fairho e, AL I NO RESPONSE It is recommended to accept the bid of Carol Bramblett for the amount of $200.00 per month. Recommendation made to accept Carol Bramblett's proposal because: ■ No plan for the development of the facility was recommended by Mr. Wall • The plan submitted by Ms. Bramblett was more in keeping with what the Harbor Board would like to see developed. • It was decided that since the structure was originally a wholesale seafood marked, it would be more in keeping to offer the public a facility to purchase seafood, thus helping the lessees renting boat stalls a way of selling their goods. Cecil Christenberry Tom Yeager Wayne Smith Council Representative, Harbor Board Chairman Purchasing Agent Fairhope Harbor Board Councilmember Christenberry moved to accept the proposal of Carol Bramblett for the amount of $200.00 per month for the leasing of Fly Creek Fish Market, reasons for not accepting the higher rent amount are listed following the bid tabulations. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Council President Gentle read the following memorandum from the City Attorney Mr. Wynne to enter into an Executive Session for approximately 20 minutes: 4014 27 November 2006 Please note that the purpose for executive session allowed by Ala. Code Section 36- 25A-7 (a)(3) is applicable to the planned discussion for the executive session requested on this date. The Executive Session is called for an update on pending litigation. This declaration does not constitute a waiver of the attorney -client privilege. Councilmember Christenberry moved to go in to executive Session. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. At 7:02 p.m. Mayor Kant, all Councilmembers and the City Attorney exited the dais. At 7:22 p.m. Mayor Kant, all Councilmembers and the City Attorney returned to the dais. There being no further business to come before the City Council the meeting was duly adjourned at 7:25 p.m. Robert C. Gentle, Council President