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Home My WebLink About12-18-2006 Regular Meeting4020 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, 18 December 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 Councilmember Stankoski, gave the invocation. Councilmember Ford moved to approve minutes of the 11 December 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports • Mayor Kant displayed a plaque from the Fairhope High School Athletics expressing their appreciation for Mayor Kant's and the City Council continued support. • Fairhope was listed in Southern Living magazine as a small southern town you love. • Rose Forgarty, Finance Director, and Nancy Wilson City Treasurer presented the following power point presentation on the financial report for the Month of November 2006. No City Council action was required nor taken. POWER POINT PRESENTATION ON NEXT PAGE 4021 18 December 2006 CITY OF FAIRHOPE CITY COUNCIL MEETING DECEMBER18, 2006 SUMMARY FINANCIAL REPORTS ONE MONTH ENDED 11/30/2006 GENERAL FUND 2MONTHS 2MONTHS ,`,"°`°3W05 30I05 `, REVENUES 2..,— 1.742,— PNX�oiM V1Am.RNHr1A11 EXPENSE! 2,115,123 2.211,6341 EXD E.3 REV EN U! OVER NNDE.I EXPRNsE .ol,sw MUE,.E 111D.022 (116A01) Slide 1 Slide 2 GAS FUND 2 MONTHS 2 MONTH! SNCREASE ENDED ENDED B3ECRFAafl "1.- 1— REVENUES 115066 BBB,B3B (111.182) ELECTRIC FUND 2MONTHS 2MONTHS ENDED ENDED 1— 1— REVENUES 2,115,51E 2,401,336 11A:RFA.F IDECREAbfl 311,— COSTOFENERGY S]]BIS .3,030 (30.112) EXPENSES- WCLUgMO TRANSFERS 1.6151 I.A. 1D]31 TOTAL COSTMOUENSE 1.Db.36. 1,3M,150 EARNINGS (LOSS) (2!l,3031 CO.T OF ENERGY 1,323.501 1.305.180 EXPEN SEE - WC.—TRUSSERS .1.3M 157632 TOTALCOSTIEVEN.E 2.—A21 2.063.312 EARNINOS (LOSS) tS0,t95 1e,024 43.1. Slide 3 Slide 4 WATER/SEWER FUND 2 MONTHS 2MONTHS ENDED ENDED (DECREASI) 11/3pIW 11nOp3 REVENUl. 1,222,101 1,31,412 Ill* e) COST OF ENERGY 62,e11 I.S. (1e.eie) GOLF FUND 2MONTHS 2MONTHD ENDED ENDED 11/]Sp5 11l]Op! REVENUES 2.,-212..M EXPENSE! 245.317 211". INCREASE IDEC-11f) 1..t IB 21,1M EXPEN SEt —LUDWG TRANKIRS 1, 146,281 BM,613 1S1(IS 1 EARNINGS (LOSS) 122.30!) TOTAL COST/ PEHSE 1.M., 13S 1.0W.163 EARNING. (LOt51 Slide 5 Slide 6 CASH BALANCE COMPARISON ALL FUNDS 2 MONTHS 2 MONTHS 111CRlAS! EMOlD ENDED (DEC—) 11nMM 11I3M06 ATNOVEMBER30,2006 CURRENT PRIOR MONTH ttnamw 1N314— GENERAL FUND 2.0113— 2d—.1BI OAS FUND 611,M1 556.611 FFUGR YEAF 11po120o! 3.Ie0., 220M REVENUES I.BIB,.e1 —.361 1,312..11 EXPENSE. 8,155,011 6,IM0.213 (1e5.122) ELECTRIC FUND 2.372.424 1.519.957 WATER FUND 1,151,561 1,96513D GOLF FUND 121AM 173,534 GAS TAX FUND 212.306 M6.033 CAPITAL PROJECTS [INCLUDE. LIERARY PROJECT ACCOUNT) 61111e IM.ltt 3,031,1E I,6B3.1( 352,D: 24,12 31E.1( E2CE56REVENUE OWN (UNDER) EXPENSE 'AIG.10 TOTAL - ALL FUNDS 11,111.111 ....IS,.St MNMING FUNDS 2.310.161 21tIR.e WARRANT FUNDS ee3.]W eu.eoo SALARCE3 EXCLUDING EINIIING AND WARRANT FUNDS .,131,K1 1,1S2,313 lz—.2 2W 2.,62 I,lee,lt t.101,p Slide 7 Slide 8 4022 18 December 2006 Councilmember Quinn introduced in writing Ordinance No. 1325, an amendment to Ordinance No. 1304 to extend the duration of the Subdivision Moratorium and add to Section 3. Categorical Exemptions (c) Minor Subdivisions as defined in the City of Fairhope Subdivision Regulations. In order to take immediate action Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1325. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following vote: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Will Street expressed his concerns during the City Council work session regarding the adoption and approval of said ordinance. Councilmember Stankoski introduced in writing, and moved for the adoption of the following resolution, a resolution requesting an Attorney General's Opinion - Is the construction and /or development of an apartment complex a "subdivision" within the meaning of that term given by Section 11-52-1(6) of the Alabama Code, and, therefore, subject to regulation via the City's subdivision regulations? Seconded by Councilmember Quinn. Willie Williams addressed the City Council expressing that he disagreed with this policy and the way the city was dealing with growth issues. Council President Gentle explained that the passing of this resolution is not a policy. The city is simply asking for clarification on how to handle Apartments and Condominiums. The motion passed unanimously by voice vote. RESOLUTION NO. 1334-06 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, AMABAMA, that Mayor Timothy M. Kant is authorized to send a letter to the Attorney General of the State of Alabama requesting the Attorney General's opinion regarding Alabama law on the following questions: Is the construction and /or development of an apartment complex a "subdivision" within the meaning of that term given by Section 11-52-1(6) of the Alabama Code, and, therefore, subject to regulation via the City's subdivision regulations? Adopted this 181h day of December , 2006 aTiy .Kant Mayor Attest: Geniece W. Johnson, C' erk 4023 18 December 2006 Councilmember Ford 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 Faulkner State Community College to lease a portion of the second floor of the new Fairhope Public Library on Fairhope Avenue for a Nursing Program at James H. Faulkner State Community College. The term of this lease shall be for three (3) years, with two (2) three (3) year renewal or extension options. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO. 1335-06 WHEREAS, this lease agreement is entered into between James H. Faulkner State Community College and the City of Fairhope "Lessor" to lease a portion of the second floor of the new Fairhope Public Library on Fairhope Avenue; and WHEREAS, the Lessee shall utilize the rented space for a Nursing Program, which will consist of a nursing lab, small classroom, large classroom, small office and small storage area (see complete lease for drawing of the layout); and WHEREAS, the lease shall commence on December 15, 2006 for a three (3) year term with two (2) three (3) year renewal or extension options; and, WHEREAS, the lessee agrees to pay at least one hundred and eighty thousand dollars ($180,000) for improvements to the leased premises; and WHEREAS, the lessee shall pay two thousand dollars ($2,000.00) per month for rent due on the fifteenth day of the month upon which Lessee occupies the premises and continuing thereafter monthly until the end of the lease term; and WHEREAS, the lessee shall during the term hereof pay all charges for telephone, gas, electricity, sewage, and water used in or on the leased premises; and BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor, Timothy M. Kant is hereby authorized to execute a lease agreement between the City of Fairhope and the James H. Faulkner State Community College to lease a portion of the second floor of the new Fairhope Library on Fairhope Avenue for a Nursing Program. ADOPTED this 18th day of December , 2006. rww��V,�MnAh 1 _ • • M 4024 18 December 2006 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 Nextel WIP Lease Corp., d/b/a Nextel Partners for the leasing of space on the City of Fairhope's Water Tower, located at 590 Marshon Street (590 Nichols Street), Fairhope, Alabama. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1336-06 WHEREAS, the City of Fairhope, Alabama, an Alabama municipality ("Owner") and NEXTEL WIP LEASE CORP, a Delaware corporation d/b/a Nextel Partners ("Nextel Partners" or "Tenant") are desirous of entering into a Lease Agreement to lease space on the City of Fairhope's Water Tower, located at 590 Marshon Street (590 Nichols Street), Fairhope, Alabama; and, WHEREAS, the Site may be used by Nextel partners (and/or any of its affiliated entities) for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, communication service facilities, including, without limitation, antennas and microwave dishes, air conditioned equipment shelters and/or base station equipment, cable, wiring, power sources (including generators and fuel storage tanks), related equipment and structures and, if applicable to the Site, an antenna support structure (the "Facilities). All of the Facilities will remain Nextel Partners' personal property and are not fixtures and Nextel Partners shall have the right to remove the Facilities at any time during the term of the Agreement. Any and all Tenant employees, agents and contractors working in, around and on the Site shall first check in with the Fairhope Police Department prior to any access attempt. WHEREAS, this Agreement becomes effective on the date that both Owner and Nextel Partners have executed this Agreement ("Effective Date"). Tenant's lease term shall commence, if at all, at the end of the Due Diligence Period on the Term Commencement Date. The term of Tenant's lease and tenancy, if any, (the "Term") is 5 years, commencing on the "Term Commencement Date" which is defined as the earlier to occur of: (a) the date that Nextel Partners commences construction of the Facilities; or (b) 18 months after the Effective Date. The Term will be automatically renewed for 3 additional terms of 5-years each (each a "Renewal Term"), unless Tenant provides Owner with notice of its intention not to renew prior to the expiration of the initial Term or any Renewal Term. The Due Diligence Period is defined as the time between the Effective Date and the Term Commencement Date. WHEREAS, starting on the date that is 30 days after the Term Commencement Date and on the first day of every month thereafter, Tenant will pay rent in advanced in equal monthly installments of One -Thousand Eight -Hundred and no/100 Dollars ($1,800.00). The Rent will be increased on each anniversary of the Term commencement Date by 3% of the monthly installment of rent payable during the previous year. NOW BE IT RESOLVED that the Owner and Tenant shall adhere to all other specific terms within said lease agreement. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor, Timothy M. Kant is hereby authorized to execute a Lease Agreement between the City of Fairhope and NEXTEL WIP LEASE CORP, for the leasing of space on the City of Fairhope's Water Tower, located 590 Marshon Street (590 Nichols Street), Fairhope, Alabama. ADOPTED this 18'h day of December 2006. Timo y M. 1< nt, Ma or ATTE G / enieee W. Johnson, City Cl 4025 18 December 2006 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement with the City of Fairhope and Cellular South to provide the following wireless services for a one-year term. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1337-06 BE IT RESOLVED BY THE GOVENING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Kant is hereby authorized to enter into an agreement with the City of Fairhope and Cellular South to provide the following wireless services for a one-year term. 10 phone, Nationwide Plus Shared, Unlimited calling from our calling area; Memphis, Tenn., Mississippi, Mobile and Baldwin County to Destin, Florida. Unlimited Long Distance from our calling area, and 750 Nationwide Shared Minutes (shared between two lines). 3,750 Nationwide Shared Minutes Average cost per phone: $44.99 II. 39 phones, with 700 anytime minutes, Mobile to Mobile, Shared Plan. Calling from our home area; Memphis, Tenn., Mississippi, Mobile and Baldwin County to Destin, Florida. Average cost per phone: $29.99 III. 11 Blackberries, with Unlimited Data and 700 anytime minutes, Mobile to Mobile, Shared Plan. Calling from our home area; Memphis, Tenn., Mississippi, Mobile and Baldwin County to Destin, Florida. Average cost per phone: $69.99 Total 700 Shared Plan Minutes: 35,000 APPROVED THIS THE 18th DAY OF December , 2006. Attest: Geniece W. Johnso ity Clerk 4026 18 December 2006 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution accepting Charbon Drive for maintenance, that was resurfaced by the Joint Resurfacing Project between the City of Fairhope and Baldwin County. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1338-06 Pursuant to Resolution No. 416-02, the City of Fairhope and Baldwin County entered into a Joint Resurfacing Project Agreement. WHEREAS, certain streets have never been accepted by the City of Fairhope, but the City of Fairhope has maintained these streets over a number of years; and, WHEREAS, the two agents agree to work on this Joint Resurfacing Project over the next three (3) years, each agent shall pay no more than $50,000.00 for asphalt each year, and the County shall also provide all equipment and labor each year at no additional cost to the City of Fairhope. WHEREAS, once the resurfacing of certain streets are completed the City of Fairhope shall maintain the completed streets fully. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the following streets shall be maintained by the City of Fairhope: BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, with hereby maintain CHARBON DRIVE in the Montrose Area and, that the City of Fairhope shall not pay of actual cost of asphalt in the amount of approximately $2,537.50 ADOPTED THIS 181h DAY OF December , 2006. Councilmember Quinn moved to grant the request of Mike Bernhardt, requesting consent to grant a 20- foot easement for the Founder's Square development at the Old Post Office site located at 76 Section Street, Fairhope, Alabama. (ingress and egress easement). Seconded by Councilmember Christenberry, motion passed by the following voice votes: AYE- Quinn, Stankoski, Christenberry and Ford. NAY -none. ABSTAIN — Gentle. 4027 18 December 2006 Gregg Mims, City Planner explained that the easement will run from Del a Mar to behind the property of the Old Post Office Building located at 76 Section Street. Mr. Mims also explained that the Fairhope Parking Authority meet and approve the easement. See Fairhope Parking Authority minutes: The Parking Authority of the City of Fairhope met Friday, December 15, 2007 at 10:00 AM at the City Administration Building 161 N. Section Street Present: Ben Barnhill, Mark Miller, Mike Lyons, Richard Brenny Gregg Mims, City Planner, Jonathan Smith, Planning Dept. Timothy M. Kant, Mayor, Betty Rivenbark, Secretary. Absent: Bill Baldwin, Beth Stowe Mr. Barnhill read from Ordinance No. 522 that the Parking Authority was established to provide for the Planning, Design, location, financing, acquisition of property for, construction, alteration, enlargement, use, maintenance of Fairhope; and to create a Parking Authority or Parking Committee, providing for its Membership, Authorities and Duties. He said further the purpose of the meeting today was to consider a project ,Founder's Square, that is being proposed on the old post office site. Gregg Mims said this project contains 12 residential units and 6 commercial being proposed, a mixed use project, and they are required to provide 12 on site parking spaces and they are actually providing 22 with the project. It came before the Parking Authority as they wish to access the rear of the public parking lot located with entrances on De La Mare Street and Church Street adjoining the K-1 kindergarten center park. With the proposal they will lose 3 parking spaces in the public parking lot but will gain two on Section Street. The Mayor offered that he had discussed this with the Single Tax Corporation who leases the parking lot to the City and they said if the city and Parking Authority okay the project it is okay with them. Mr. Mims addressed the members and said they would like to see with the project a 20 foot property easement given all the way to the southernmost property line beginning at the end of the present 20 foot easement that goes to DelaMare Street. Discussion was held on the proposal and opinions from the members was given. All thought with the 20 foot proposed easement it would be a good project. Mark Miller put in the form of a motion accepting the project with the 20 foot easement running to the end of the southernmost property line. Richard Brenny 2°d the motion and it carried unanimously. There being no further business, meeting was duly adjourned at 10:30 AM. Ben Barnhill, Vice Chairman Betty Rivenbark, Secretary 1 :3 18 December 2006 Councilmember Quinn moved to grant Change Order #7, New Fairhope Library not to exceed $180,000.00, all costs associated with FSCC lease of 2"d floor of Library. Seconded by Councilmember Ford, motion passed by the following voice votes: AYE - Quinn, Stankoski, Christenberry and Ford. NAY -none. ABSTAIN — Gentle. Councilmember Christenberry moved to grant Change Order #8, New Fairhope Library $10,854.59 increasing the construction cost to include miscellaneous additions to the project. Seconded by Councilmember Stankoski, motion passed by the following voice votes: AYE- Quinn, Stankoski, Christenberry and Ford. NAY -none. ABSTAIN — Gentle. Councilmember Quinn addressed the City Council to report on the Downtown Plaza. The following report was given to each Council member and Councilmember Quinn expressed that the owner is willing to sell and an appraisal is being look into. REPORT: Property Section and Fairhope Avenue This property was brought up by Single Tax to save the corner where the clock is from being developed. It is for sale and so is the rest of the plaza and the old Gaston building. Some concerns: 1. that the whole property could be bought and built from corner to corner with 2 story large complex 2. Starbucks has looked at the site for a new store with drive up. The owners are willing sellers — they own the Gaston showroom and will be willing to subdivide the plaza from the building — Woemers/Obvious Place By law, the property has to be appraised prior to any action on negotiating price with the owners The appraisal costs approximately $1500. The Single Tax hopes that the city would pay for it The cost of the property will be discussed. The Single Tax is willing to spilt the cost of the sale of the property. Councilmember Christenberry addressed the City Council to discuss the possibilities of updating the survey and statistical information on Broadband Fiber. Councilmember Christenberry moved to authorizing Mayor Kant to redo the survey, and to report back to the City Council to see how the survey has changed in 2007. Seconded by Councilmember Ford. The Mayor stated that the survey should not exceed $15,000.00. Councilmember Christenberry amended his motion to authorize Mayor Kant to redo the broadband survey, but not to exceed $15,000.00. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 4029 18 December 2006 = Stewart Engineering, Inc. R O. Box 2233 300 E. 7th St. Anniston, AL 36202 l .2 J.H. Stewart, C1G 4&.1 W Phone 256 237-0891 Fax 256-237-1077 ZE-Mail sengineering@cableone.r LAJ ELECTRICAL STEWART CONSULTANTS December 7, 2006 Mr. Aaron Norris Electrical Superintendent Fairhope Public Utilities PO Box 429 Fairhope, AL 36532 Re: Padmount Deadfront Switchgear Dear Mr. Norris: Find enclosed one copy of the Certified Bid Tabulation for Padmount Deadfront Switchgear as bid on December 1, 2006. We recommend that the Padmount Deadfront Switchgear be purchased from SouthCon, the low approved bidder (manufactured by Federal Pacific), with a purchase price of $10,000. If we can be of further assistance on this matter, please don't hesitate to call. We are also enclosing all original bid documents as received at the bid opening, for your records. Sincerely, STEWART ENGINEERING, INC. Lance Junkin LJ:acl Enclosures Cc: Mr. Wavne Smith (w/out encl)' O M O BIDDER MANUFACTURER BID WARRANTY DELIVERY REMARKS TOTAL 1. Charles W. Ashby Co. Birmingham, AL NO RESPONSE 2. GRESCO Dothan, AL Federal Pacific $13,723 2 Years 6-8 Weeks r3. Mayer Electric Supply Co. Dothan, AL S&C $16,182 2 Years 28 Weeks 4. SouthCon J 24" Base Spacer Adder Birmingham, AL Federal Pacific $10,000 2 Years Stock $475 -t- Freight 5. Stuart C. Irby Co. Pensacola, FL NO RESPONSE 6. Utility Power No Warranty Fairhope, AL Hubbell $11,755 Tirne Provided 10-11 Weeks 7. 8. 9. I hereby certify that the above is a true and correct tabulation of bids received on December 1, 2006 for Padmount Deadfror-t Switchgear. (' ; BY 4031 18 December 2006 Councilmember Ford moved to accept the low bid of SouthCon, Birmingham, Alabama, provided all specifications are met for Padmount Deadfront Switchgear. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote TABULATION Identification: "PAD MOUNT TRANSFORMERS" Bids open on: Oct. 5. 2006 at: 10:00 a.m. TEN (10) 25KVA Pad Mount Transformers VENDOR: MANUFACTURER: BID AMOUNT: DELIVERY: STUART C. IRBY CO. Pensacola, FL NO BID HUGHES SUPPLY CO. Pensacola, FL Central Maloney $1,178.00 In Stock in Pensacola GRESCO/CAPSTONE UTILITIES Ermco $1,567.00 In Stock in Dothan Dothan, AL UTILITY POWER, INC. Fairhope, AL Howard Industries $1,405.00 20-22 Weeks MAYER ELECTRIC Pensacola, FL NO BID It is recominended to accept the bid of HUGHES SUPPLY COMPANY, Pensacola, FL for the BID AMOUNT of $1,178.00 ea. with all specifications being met. Aaron Norris, Wayne Smith, Electrical Superintendent Purchasing Agent 4032 18 December 2006 **Ten (10) — 50KVA Pad Mount Transformers VENDOR: MANUFACTURER: BID AMOUNT: DELIVERY: STUART C. IRBY CO. Pensacola, FL NO BID HUGHES SUPPLY CO. Pensacola, FL Central Maloney $1,295.00 In Stock in Pensacola GRESCO/CAPSTONE UTILITIES Dothan, AL Cooper $1,850.00 In Stock in Dothan UTILITY POWER, INC. Fairhope, AL Howard Industries $1,920.00 20-22 Weeks MAYER ELECTRIC Pensacola, FL NO BID It is recommended to accept the bid of HUGHES SUPPLY COMPANY, Pensacola, FL for the BID AMOUNT of $1,295.00 with all specifications being met. Aaron Norris, Electrical Superintendent Ten (10)—100KVA Pad Mount Transformers Wayne Smith, Purchasing Agent VENDOR: MANUFACTURER: BID AMOUNT: DELIVERY: STUART C. IRBY CO. Pensacola, FL NO BID HUGHES SUPPLY CO. Pensacola, FL Central Maloney $2,675.00 10-12 Weeks GRESCO/CAPSTONE UTILITIES Ermco $2,785.00 8-10 Weeks Dothan, AL UTILITY POWER, INC. Fairhope, AL Howard Industries $2,990.00 20-22 Weeks MAYER ELECTRIC Pensacola, FL NO BID It is recommended to accept the bid of HUGHES SUPPLY, Pensacola, FL for the BID AMOUNT of $2,675.00 with all specifications being met. Aaron Norris, Wayne Smith, Electrical Superintendent Purchasing Agent The reason for non -evaluation of transformers is the delivery time is too long. Councilmember Stankoski moved to accept the low bid of Hughes Supply Co., Pensacola, Florida, provided all specifications are met for ten (10) 25KVA, (10) 50 KVA, and (10) 100 KVA Pad Mount Transformers. Seconded by Councilmember Ford, motion passed unanimously by voice vote 4033 18 December 2006 Stacey Bishop a resident of 12333 Red Barn Road addressed the City Council to inquire what can be done about the Tuscany Village Court Order. The Planning and Zoning Commission voted not to approve the proposed Tuscany Country Estates and the Court ordered approval of the proposed. City Attorney Marion E. Wynne explained that the City can only not approve the project if it did not meet subdivision regulations, and according to the developers engineer and the second engineer all requirements were meet, and staff recommended approval of the subdivision. If any problems steamed from this development with regards to drainage the engineer would be responsible. There being no further business to come before the City Council the meeting was duly adjourned at 6:39 p.m. cl�� (E!D- Robert C. Gentle, Council President Geniece W. Johnson,