HomeMy WebLinkAbout01-22-2007 Regular Meetingl
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, 22 January 2007.
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 Stankoski moved to approve minutes of the 8 January 2007,
regular meeting. Seconded by Councilmember Ford, motion passed unanimously by
voice vote.
Mayor's Comments and Staff Reports:
• Mayor Kant announced that the New Library is open.
• Mayor Kant announced that Senior Bowl practice is taking place in the
Fairhope Municipal stadium.
Jennifer Fidler, Public Works Director gave the following report on the
time schedule for clean-up date at Knoll Park. Ms. Fidler stated that a
letter will go out to all citizens informing the citizen of the work at
Knoll Park, and a sign will be placed at the park regarding the work.
Mayor Kant stated that an article would be within the City Sketch
regarding the work at Knoll Park.
4045
22 January 2007
KNOLL, PARK
RESTORATION AND MANAGEMENT' PLAN and TIMETABLE
All of the below will be under the supervision of the Fairhope Single Tax Colony and all
costs underwritten by them
1 Removal of all undesirable brush within roughly 50' perimeter being careful to
preserve native plants, as soon as possible. February 2007 preferred.
2 Planting of Longleaf Pine seedlings, Tom Ellis, February 2007.
3 Survey of all remaining native trees shrubs, and herbaceous plants (wildflowers.)
Peggy Dyson, Fred Nation, Bobby Green. March -April 2007
4 Consultation with native plant experts to re -introduce lost wildflowers which
were, or one would expect to be, on the site. Peggy Dyson, Fred Nation, Bobby
Green. May -June 2007
5 Consultation/Plan to re populate the Longleaf Pine/Turkey Oak habitat. Tom
Ellis, other experts. Summer 2007
6 Tree and shrub planting as recommended in item 5. Late Fall 2007
7 Construction of mulch paths through park. Bobby Green Fall 2007
8 Construction of signage explaining the history and ecology of the park, Fairhope
Single Tax Colony. Winter 2007
9 Construction of concrete sidewalks on East and North sides of park allowing the
disabled to enjoy the park. FSTC and/or City Of Fairhope?
Ongoing management imperatives:
1 Discontinue mowing thereby re-establishing wildflowers and allowing growth of
introduced and natural seedling pines.
2 Rehabilitate existing azaleas surrounding perimeter of park.
3 Suppression of unwanted growth within park. Non-native grasses, invasive
species.
4 The Knoll Park Committee must have the flexibility to implement this plan over
several years time. 'The park will improve immediately this year, but a full
restoration will take several years and diligence from all the parties involved.
Council President Gentle exited the dais at 5:45 p.m. and returned within ten seconds.
• Rose Forgarty, Finance Director, and Nancy Wilson City Treasure gave a
financial report PowerPoint presentation for the Month of December 2006.
No City Council action was required nor taken.
22 January 2007
CITY OF FAIRHOPE
CITY COUNCIL MEETING
JANUARY 22, 2007
SUMMARY
FINANCIAL REPORTS
THREE MONTHS ENDED
12/31 /2006
Slide 1
GAS FUND
]MONTH! 3MONTHS WC. —I
ENDED ENDED (.ECREASE)
1L]1Id 1L]1M]
RE-111 IA15.10) 1.92].N58 (2)e DNB)
COLT OF ENERGY 1,„8.1 ]2 1.181.A9 (6N3.2I])
EXPENSES-
INCLUDING"ANSFW 745,7. 691912 51.603
TOTAL COBTIEXPENSE IAn3.S52 2A55.3]1
EARNINGS(LOSS) (2,1,N5)
Slide 3
WATER/SEWER FUND
J MONTHS 3 MONTHS
ENDED ENDED (DECREASE)
121]110S 12131M1
REVENUES 1.870,278 2.021.139 (150,Bfi1)
CO.1 OF ENERGY 1])113 110A31 29AS5
EXPEN SEE
1CLUOMO—INERS 1.)5).]5] 1.512045 241,3.
TOTAL COSTIEXPENSE 1.e9N.N6B 1 A22 A)6
EARNINGS(LOW) IIN.111)
Slide 5
ALL FUNDS
]MONTH! ]MONTHS DEREASE
ENDED ERRED (DECREASE)
Iv— 1L31M5
REVENUES 1223B..2 10.e9S5.K 1yN3.S03
EXPENSES 111"031 10,7M 016 (21,171)
EXCESSREVENUE
OVER(UNDER)EXPENSE 1,]]0,304
GENERALFUND
3 MONTHS ]MONTHS SCREAlE
ENDED ENDED (DECREASE(
2l]tID1 12111I08
REVENUES N.353.011 3,026,285 1,331,726
PC,uww unmlAANMEnq
EXPENSES ]A08.650 3,382139 26.11
EXCESS REVENUE
OVER(UNDER) EXPENSE 11411 e1
Slide 2
ELECTRIC FUND
] MONTHS 1 MONTHS
ENDED ENDED (DECREASE)
1L31MS 1L3IM1
REVENUES N.033.995 3.403,495 635,500
CO3T OF ENERGY 1,112651 1,181.1)0 (11.519)
EXPENnfS-
NCUXGWGTRANSFERE 119N.23B 1.,39.]N2 SNA97
TOTAL COSTIEXPEN SE 2,908.S90 2.923,512
EARNINGS (LOSS) 1,1)12,1111
Slide 4
ENDED ENDED (DECREASE)
121-11 12131M1
REVENUES 3.— 321, 16N BNB)
EXPENSES 314,011 311,111 1e,059
EARNINGS (LOSS) INI,Niel
Slide 6
CASH BALANCE COMPARISON
AT DECEMBER 31, 2006
CURRENT PRIOR MONTH PRIOR YEAR
1 L31— I1130R1M 1-IOMY1
GENERAL FUND 2.—.6 2093ADN 2130.N80
GAE FUND 693A19 617.764 229A15
ELECTRIC FUND 225e A50 2,372.424 2.165.769
LIBRARY PROJECT ACCOUNT) 211231 S)N 24S
TOTAL - ALL FUNDS S,S11,N1 11.111,511
SI NI(ING FUNDS 1—ABS 2.310,767
WARRANT FUNDS 603.181 663.360
BALANCES EXCLUDING SINNING
AND WARRANT FUNDS 1.11-511S S,1f1,SSN
Slide 7 Slide 8
4047
22 January 2007
Greg Mims, Planning Director reported that the City of Daphne, and the
County met with the City of Fairhope to discuss the Access
Management Plan for State Highway 181. All parties are working
together on this plan.
Aubrey Fuller and Ms. Karen Moore, with Baldwin County Electric Membership
Corporation, presented Mayor Timothy M. Kant with their annual business license check.
The check was in the amount of $60,554.18 representing a percentage of BCEMC's
business revenues within the City Limits of Fairhope and representing a percentage of
BCEMC's business revenues in the police jurisdiction.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution adopting amendments to the 2004 Baldwin County
Alabama Natural Hazards Mitigation Plan, which is approved by the Federal Emergency
Management Agency. Seconded by Councilmember Stankoski, motion passed
unanimously by voice vote.
RESOLUTION NO. 1343-07
A RESOLUTION ADOPTING AMENDMENTS TO THE 2004 BALDWIN COUNTY ALABAMA
NATURAL HAZARDS MITIGATION PLAN AS APPROVED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY
WHEREAS, The Federal disaster Mitigation Act of 2000 (DMA 2000) as administered by the Alabama
Emergency Management Agency (AEMA) and the Federal Emergency Management Agency (FEMA)
requires the development and adoption of local natural hazards mitigation plans to qualify for certain
FEMA assistance programs; and
WHEREAS, the Baldwin County Natural Hazards Mitigation Plan was adopted by this body and was
approved by FEMA in 2004; and
WHEREAS, the Baldwin County Hazard Mitigation Planning Committee has met and proposed
amendments to the plan as a result of recent disasters and these amendments have been presented in a
public meeting.
NOW THEREFORE BE IT RESOLVED, that the amendments proposed by the Baldwin County Natural
Hazards Mitigation Planning Committee and approved by FEMA and AEMA are hereby adopted and made
part of the 2004 Baldwin County Mitigation Plan.
ADOPTED this 22ND day of January, 2007.
I, Geniece W. Johnson, City Clerk, City of Fairhope hereby certify that the above is a true
and correct copy of Resolution No. 1343-07 passed at a regular meeting held on the 22ND
Day of January, 2007.
Geniece W. Johnson, City Clerk
22 January 2007
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to execute a project application
under the Alabama Emergency Management Agency Hazard Mitigation Grant program.
Project location 16277 Scenic Highway 98, Fairhope, Alabama. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
RESOLUTION NO. 1344-07
HAZARD MITIGATION GRANT PROGRAM
DR1593/1605, 2°d STORY CONVERSION
STATE-SUBGRANTEE DISASTER ASSISTANCE AGREEMENT
WHEREAS, the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program
(HMGP) has been established to assist local governments with taking critical mitigation measures to
protect life and property from future disasters; and
WHEREAS, the City of Fairhope, Alabama, acting by and through its Council proposes to apply for
HMGP funds to assist in the 2"d story conversion; and
WHEREAS, the City of Fairhope, Alabama, as a recipient of these funds as the subgrantee is required to
designate and appoint an Administrative/Financial Officer to perform certain duties in the administration of
said grant; and
WHEREAS, the City of Fairhope, Alabama, as a recipient of these funds as the subgrantee is required to
provide and make available funds for the local non-federal share for the above stated mitigation activities.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, as follows:
THAT, Timothy M. Kant, Mayor, is hereby authorized to execute and submit an application with
appropriate assurances to the State of Alabama Emergency Management Agency and the Federal
Emergency Management agency, requesting HMGP funds in an amount not to exceed $465,736.00; and,
THAT, the City of Fairhope hereby obligates to provide up to $116,434.00 (25% of 465,736.00) in cash
match in order to complete the proposed mitigation project.
THAT, the City of Fairhope, Alabama, hereby guarantees that such local non-federal share funds will be
available upon receipt of an HMGP State- Subgrantee Disaster Assistant Agreement for the period of
performance specified therein; and
THAT, Mayor Kant, or his/her designed alternate, be and is hereby designated and appointed as
Administrative/Financial Officer under the terms and pursuant to the provision s of the HMGP State
Subgrantee Disaster Assistance Agreement, and is directed and empowered to make necessary assurances
and to perform on behalf of the City of Fairhope, Alabama, those acts and assume such duties as are
consistent with said position.
ADOPTED this 22"d day of January 2007.
Timo M. K nt, M yor
ATTEST: _
Genie W. Johnson, City Clem`"
Ems
22 January 2007
Councilmember Christenberry 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 The Waters Subdivision for maintenance.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
RESOLUTION NO. 1345-07
WHEREAS, the Owners of The Waters At Fairhope 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 2317-A, 2317-B, 2317-C, 2317-D, 2317-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 The
Waters At Fairhope 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
The Waters At Fairhope are hereby accepted for public maintenance subject to the bond
posted.
Adopted, this 22Nu day of January, 2007.
s-
M.1 ant, ayor
Attest:
Geniece W. Johnson, qgy Clerk
4050
22 January 2007
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to execute a land lease
agreement between the City of Fairhope and The Barnwell Community Association. The
40 acre premise shall be used only as a recreational park for sports such as baseball and
softball, and in accordance with used normally incident thereto and for no other purpose.
The term of said lease shall end at midnight on the 28`h day of April, 2025. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote
RESOLUTION NO. 1346-07
WHEREAS, This Sublease is made and entered into this 17`' day of November 2006, by and
between THE BARNWELL COMMUNITY ASSOCIATION, (hereinafter referred to as
"Lessor") and THE CITY OF FAIRHOPE, ALBAMA, a municipal corporation (hereinafter
referred to as "Lessee"); and,
WHEREAS, the Lessor hereby warrants that the Lessor is the owner of a leasehold interest of
that certain parcel of real estate located in Baldwin County, Alabama, which real estate the Lessor
let and demises to the Lessee and Lessee leases from the Lessor, consisting of 40 acres more or
less lying in Fairhope, Alabama, and more fully described in Exhibit A of the Sublease; and,
WHEREAS, the term of this Lease shall commence on the 17`h day of November, 2006, and
shall end at midnight on the 28`h day of April, 2025; and,
WHEREAS, the demised premises shall be used only as a recreational park for sports such as
baseball and softball, and in accordance with used normally incident thereto and for no other
purpose; and,
WHEREAS, Lessee shall have the right to enter, construct and build upon the Demised Premises
such improvements as Lessee may from time to time deem necessary or desirable in connection
with its use of the Demised Premises; to clear such land as in necessary for such construction, and
to make such other alteration to property and any improvements as Lessee may deem necessary;
and,
WHEREAS, more details are covered within the Sublease.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that
Mayor Kant is hereby authorized to execute a land lease agreement between the City of
Fairhope and The Barnwell Community Association for the rental of real estate
consisting of 40 acres more or less in the amount of One Dollars ($1.00), payable on the
Is' day of November each year and on the same day of each year thereafter for the entire
term of the Lease.
ADOPTED this 22nd day of January 2007.
Timo y M. Int, Nfayor
ATTEST:
Geniece W. Johnson, Vity Clerk
4051
22 January 2007
Councilmember Quinn introduced in writing, and moved for the adoption of the
following resolution, a resolution relating to a moratorium on the issuance of building
permits for modular buildings (also known as manufactured buildings) in the corporate
limits and the police jurisdiction. Seconded by Councilmember Christenberry, motion
passed unanimously by voice vote.
RESOLUTION NO. 1347-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, TO PROTECT THE HEALTH, SAFETY AND GENERAL
WELFARE OF THE PEOPLE RELATING TO A MORATORIUM ON THE
ISSUANCE OF BUILDING PERMITS FOR MODULAR BUILDINGS (ALSO
KNOWN AS MANUFACTURED BUILDINGS) IN THE CORPORATE LIMITS
AND THE POLICE JURISDICTION
WHEREAS the City Council of the City of Fairhope, Alabama has expressed concerns
regarding the construction of modular buildings in the corporate limits and the police
jurisdiction of the City; and
WHEREAS the City Council finds that the City needs time to determine the manner and
extent to which modular buildings can be regulated so that they comply with the aesthetic
and other requirements of the community and a Moratorium is proper and is in the best
interests of the health, safety and welfare of the City of Fairhope and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA, AS FOLLOWS:
Section 1. A moratorium is hereby adopted, ratified, confirmed and approved for a
period of ninety days on the issuance of building permits for modular
buildings in the corporate limits and the police jurisdiction so staff can
review and research the relevant issues concerning modular homes.
Section 2: A "modular building" as defined by this Resolution shall mean a
"manufactured building" as defined by Ala. Code §24-4A-2(13).
Section 3: Any projects already submitted prior to the passing of this Resolution will
not be subject to this Moratorium.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA AT
A REGULAR MEETING THEREOF ON THE 22nd DAY OF JANUARY, 2007.
y M. K nt, WOW
ATTEST:
Geniece Johnson, City C rk
4052
22 January 2007
Dick Charles, Chairman of the Baldwin County Stormwater Cooperative (aka
Bluewater Committee) addressed the City Council to present the following material.
Baldwin County Stormwarter Cooperative
WHAT IS THE BALDWIN COUNTY f wA14
STORMWATER COOPERATIVE? ,�•,- .9..r•'
The BCSC will be, if approved, a legally constituted .♦. y
public corporation and a voluntary association of
Baldwin County local governments that support �_
communities in prioritizing and solving flooding
problems across municipal and county boundaries. ,4
Enabling legislation is necessary to begin building the
cooperative to conform to the needs of the
participating communities -
WHY DO WE NEED THE BCSC?
Baldwin County Is facing unprecedented pressures on it;
surface water resources. These pressures can have the
effect of reducing aesthetics and County property values.
'These pressures include:
• rapid urban envelopment which greatly increases
flooding, increases channel erosion, and causes habitat
destruction;
♦ aging drainage inrrastructure (culverts, ditches, pipes,
inlets, etc,) that is not being fully maintained; and
• deteriorating water quality in streams and the bay due
to increasing pollution and sediment runoff.
NOW WILL IT BE STRUCTURED AND
WHAT WILL IT DO?
Each city who wishes, and Baldwin County, will be
represented on the governing board. All
participating jurisdictions will be fairly represented
on the board which will make all decisions. The
BCSC will both perform key services County -wide
and will, optionally, assist local governments who
desire in managing their own local stormwater
programs.
4053
22 January 2007
WHAT WILL THIS COST AND
HOW WILL IT BE FUNDED?
The cnirr.,'y-wiAe rote program is expected to cost
ttie range of $2 to $3 mi!luxl dollars annually Of It
total, fr.rl ly L -thirds yoeS directly to call,!.
construction -- flAng flooding p—blerns. The rest
frr planning, monitoring, education, and service
local gout. rnme.nts.
The needed re_ve!nue wi11 be generated based on hr.
much runoff a devanped parcel of lard hE
aonn�vater runoff is tl✓ee-ly n!late d to that amount
land on a parcel that is C•lvertrcl with harden_
!Nurf.4ce5 rooftops, parking lots, er. .
IL only rtlnke;S .senses that:
That * unde:sfandaLle and fair. It s like using water — tx. more you use the More! You must pay.
In the Sarne way, a snldll Stormwater user fee will he. charged W each developed parcel of land
within a partir.ipannp f.nnln-tunfty. l"he actual charge depends On the final participation list and the
pr-1-- costs but Is expected to be less than 'y'1.(H) pos month per household for the care pn:x,run.
Prope Ties with more d,—i loped area will pay correspondingly man^ in a tee. There will also be
redds ayn�nst the lee for sorb thulris ae; warn nowtained detention ponds Or watP-1cit alitY treatment
pracorea. l ll-r— are many such ,,Sep fee based oi'gdnizatlon> across the United States, over 700,
and more every day, Th.<, is l:er,.arre such arrangcr'ienLS have a great track recc-1 of Success and
Often are Sl:rong'y supported by local residents. when the understand the need,
WHERE CAN I GET MORE INFORMATION?
Each local rommunify is p;nrl: of the Process.
Contact the Stormwater Working Group
coordinated by the Mobile Bay National Estuary
Program at (253.) 43 1- 6409 for -Ore information.
At this time• YOur support for enabling legislation
which will allow local Jurisdictions In Bnldwln
County to organize the Baldwin County
Stormwater C:ooper'ative to best serve all citizens
is needed. A resolution from your community will
aid in e-s<: r.lr inrl local and state legislative backing
I.,
the process that. will guarantcve e, stable and
equ.tabl.! revenue streams to handle growing
flooding problems.
Talking Points: Baldwin County Stormwater Cooperative
Why are we here?
At this time, your support for enabling legislation which will allow local jurisdictions in
Baldwin County to organize the Baldwin County Stormwater Cooperative to best
serve all citizens is needed. A resolution from your community will aid in securing
local and state legislative backing for the process that will guarantee a stable and
equitable revenue streams to handle growing flooding problems.
What is it?
The BCSC will be, if approved, a legally constituted public corporation and a
voluntary association of Baldwin County local governments that supports
communities in prioritizing and solving flooding problems across municipal and
county boundaries. The BCSC will establish and collect stable and equitable funding
that will be fairly distributed to participating jurisdiction over a revolving, average
period.
4054
22 January 2007
The cornerstone of the BCSC is the establishment of a funding stream that will do
the things desired by the communities and their citizens. In the real world,
Stormwater programs, good and bad, are built on resources, money or revenue.
Resources are the things that can be gotten on the internet, from government
agencies or nonprofit groups, or other sources. These include plans and activities to
educate citizens or staff on best management practices, deploying local Scouts to do
storm drain stenciling, and public service announcements about runoff pollutants.
Good ideas but fail to provide Stormwater programs with real funds that serve the
program meet infrastructure needs over time.
Money is the cost -share grant or impact fee. Grants and impact fees are short term
or onetime injections of funds in the Stormwater program. Grants run out
necessitating the constant hunt for more opportunities. Impact fees are also limited
in that they only cover the immediate impacts of the development activity and not
long term infrastructure needs. They are administered only to new development. In
addition, they are very limited in how they may be spent.
Revenue is the only long term, stable source of Stormwater program funding. The
BCSC has proposed a user fee based upon amounts of imperious cover on
residential, commercial, not for profit and government property. The fee will be
administered to old and new development and be flexible in the way the revenue is
spent.
Are participating communities fairly represented?
If the enabling legislation is supported and passed, the work on the nuts and bolts of
the BCSC will begin. A governing board will be established to oversee the BCSC and
make all decisions. Each city and Baldwin County wishing to participate will be
represented on the governing board. All participating jurisdictions will be fairly
represented on the board. The BCSC will both perform key services county -wide and
will, optionally, assist local governments who desire in managing their own local
stormwater programs.
There will likely be some distribution based on population of the participating
jurisdictions. Also, a Technical Committee will advise the governing board. An
executive committee could be established by the governing board to handle day-to-
day operating decisions.
The exact make-up of the BCSC departments and the like will be determined if
enabling legislation is passed.
Councilmember Ford inquired if this proposed resolution is approved by the City Council
what will be city be committing to. Mr. Charles explained that the passing of the
proposed resolution would only support enabling legislature through the state.
Councilmember Quinn introduced in writing, and moved for the adoption of the
following resolution, a resolution to support state legislation that enables the formation of
a voluntary regional Stormwater Management Authority that is offered to incorporated
and unincorporated areas of Baldwin County, Alabama. Seconded by Councilmember
Christenberry, motion passed unanimously by voice vote
4055
22 January 2007
RESOLUTION NO. 1348-07
TO SUPPORT STATE LEGISLATHON THAT ENABLES THE FORMATION
OF A VOLUNTARY REGIONAL STORMWATER MANAGEMENT
AUTHORITY THAT IS OFFERED TO INCORPORATED AND
UNINCORPORATED AREAS OF BALDWIN COUNTY, ALABAMA
WHEREAS, Baldwin County is facing unprecedented pressures on its surface water
resources that, left unattended, will have the effect of reducing aesthetics and County
property values; and
WHEREAS, these pressures include rapid urban development which greatly increases
flooding, increases channel erosion, and causes habitat destruction, aging drainage
infrastructure (culverts, ditches, pipes, inlets, etc.) that is not being fully maintained, and
deteriorating water quality in streams and the bay due to increasing pollution and
sediment runoff; and
WHEREAS, these impacts cannot be entirely avoided or eliminated but can be
minimized; and
WHEREAS, it is in the public interest and the health, safety, and welfare of the citizens
of Baldwin County/City of Fairhope to promote effective and efficient management of
regional and local stormwater runoff, and
WHEREAS, it is currently recognized that control of stormwater quantity and quality is
most effectively implemented on a watershed scale, across boundaries of individual
municipalities; and
WHEREAS, the development and implementation of an effective regional stormwater
cooperative program will assist Baldwin County/City of Fairhope in meeting its
stormwater related needs; and
WHEREAS, Baldwin County/City of Fairhope is responsible for providing appropriate
and consistent stormwater services and protection to all its citizens, and to promote
compliance with federal and state laws, rules, regulations, and permits relating to
stormwater discharges regulated under stormwater rules; and
WHEREAS, Baldwin County/City of Fairhope supports promoting the inter -cooperation
of Baldwin County governing bodies in implementing stormwater programs that address
stormwater management on a watershed scale and across municipal boundaries; and
NOW, THEREFORE BE IT RESOLLVED that Baldwin County/City of Fairhope
fully supports State of Alabama Legislation to enable the formation of the Baldwin
County Stormwater Cooperative, a totally voluntary public corporation that will both
perform key services County -wide and will, optionally, assist local governments who
desire in managing their own local stormwater programs.
4056
BE IT FURTHER RESOLVED that the intention of supporting the establishment of the
Baldwin County Stormwater Cooperative is made with the understanding that, through
the development of a representative board of directors, the methods and procedures they
shall use to carry out the stormwater program, to make their respective participation in a
public corporation inter -cooperation program optional, and to adopt policies and
procedures pertaining to their responsibilities in the program and the procedure for entry
into and exit from the program will be determined in such a manner as to promote
balance and equity among its members.
APPROVED THIS THE 22" d DAY OF January , 2007.
(Ti"thyM.ant, ayor
ATTEST:
C�
Geniece W. Johnson, C Clerk
Councilmember Quinn introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing the reimbursement to the City of Fairhope
Airport Authority for any expenditure on certain airport projects prior to receiving the
potential Airport Authority Bond Issue 2007. Seconded by Councilmember Ford, motion
passed unanimously by voice vote
RESOLUTION NO. 1349-07
WHEREAS, the City of Fairhope Airport Authority is hereby considering taking a
General Obligation Warrant Bond Issues for certain Airport Authority projects located at
the H. L. "Sonny" Callahan Airport.
WHEREAS, the following projects shall be included in the Bond Issues 2007, and all
expenditures prior to the completion of the Bond Issue process shall be reimbursed:
• Construct Access Taxiways and Approach Aprons - $268,527.04
• Purchase of property
• Payoff construction of the two new T-hangers
• Administrative and legal costs
Estimated Project Total $ 8.5 Million
NOW BE IT RESOLVED that the City of Fairhope Airport Authority hereby express
official intend to reimburse any cash expenditures from the proceeds of General
Obligation Warrant Bond Issues.
4057
22 January 2007
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant and Airport Authority
Chairperson W. Colton Coile is hereby authorized to reimburse the City from cash
expended with Bond Issue Monies of 2007 by the Airport Authority.
DULY ADOPTED THIS 22nd
Attest
Geniece W. Johnson, CityClerk
DAY OF January_, 2007.
o t h y M Kant, Mayor
Gregg Mims, City's Planner addressed the City Council to explain the Site Plan
Review of property owners, Mike Bernhardt - Founder's Square development at the Old
Post Office site located at 76 Section Street, Fairhope, Alabama for a proposed mixed -use
building.
STAFF INTERPRETATION:
Scott Hutchinson of HMR, LLC is representing Mr. Mike Bernhardt in this request. The property is zoned B-2
(General Business), and is located in the Central Business District (CBD). The proposed building is three
stories and will be used for commercial and residential purposes.
Development History:
This application was heard at the December 04, 2006 Planning Commission meeting. The application was
tabled until the next regularly scheduled Planning Commission meeting (January 02, 2006) to resolve issues
regarding site access.
On December 15, 2006 the City of Fairhope Parking Authority met to discuss access for the subject site.
The Parking Authority agreed to give the applicant a 20-foot easement along the eastern property line of the
parking lot immediately to the West.
On December 18, 2006 the City Council consented to grant a 20-foot ingress -egress easement on the East
property line of the parking lot abutting the West property line of the Founder's Square development.
Entering and exiting the site by use of DeLaMare Avenue and the 20-foot easement approved by the
Parking Authority and City Council accommodates access for the site.
Building Height and Building Square Footage: The maximum building height allowed for Mixed Use
projects in the CBD is 35 feet. The proposed structure will not exceed 35 feet in height.
The total lot area is 26,854 square feet. Total impervious surface area resulting from building coverage is
approximately 19,616 square feet.
Number of Units: A total of twelve (12) residential units and six (6) commercial units are proposed.
Parking Requirements: Zoning Ordinance provisions require 12 parking spaces for this particular
development; 22 on -site below building spaces are provided.
.M
22 January 2007
Site Access: In order to access the development, future residents will enter and exit from the parking lot to
the West. Three (3) parking spaces will have to be removed from the parking lot in order to accommodate
site access. The City of Fairhope Parking Authority leases the parking lot areas from the Single Tax
Corporation.
Two (2) public parking spaces will be gained on Section Street due to the removal of existing curb cuts.
Architecture: The architectural design of the buildings is in character with, and will aesthetically enhance
the property and surrounding area.
PLANNING COMMISSION RECOMMENDATION:
On January 02, 2006 the Planning Commission voted to recommend approval of the Site Plan.
Respectfully Submitted for Consideration,
Jonathan I. Smith
Planner
City of Fairhope
B. Gregg Mims
Planning Director
City of Fairhope
Wes Stapleton addressed the City Council and presented the following document and
stated that if the public- parking lot is no longer used as a public parking lot then Masonic
Drive can no longer be used.
City c3f H'ai rhopo
AN AGR@iP27'P M--IW:N TM FAlla-IOPL PARKIN[: AUIU( tIIY, TTLF: c1TY CIF' tALW1[WS,
QtFF . LLII.W. 0598 F6 ' MID — LIICMJ
Tt,c FAIAH(LPE PARKIN.; A[TLHORLTY AM 'DM C£TY CF FAIRHOPE, agrees
to cans Gtacc m>al in coin a sway Ih-Lvcu�y vf.th tTnffic r
a.s> Eaac o Weac of£ o£ Sa<:I.lo.. Sl.nw.f. I.— r1— '—, cal 7"II>Lic
par Facility. "ML. aLr1— co I- L—Llc .xa Warns. a.rld -hal£
£sacs(].') oP pcopnscy owrr�at Lry Orcx-no Locit,e fl598 rE e.d e
a.al -ts.lf rceec (��) r ,cal f y 1tm ltr..awa, i,rrv,f..V3 West Ez-® Sec-
clrn> Acra-eC c the Ixirk£r.g ]oI: 1— J m c11. {Jere bo.a>darlee
of rM Orarno L-18. P—'—Y saki r— 11rs.I ricoa.<. Prcpa-r.Ly_
This agraenla,t will c —n 1n errccc as I—,; ae the Packi.q; loc
>. er.v.Lnx a Pa.b lie farki..X faci.lLtY.
Ray Malone .i n P. Nix
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4059
22 January 2007
The City Council request that the City Attorney, Marion E. Wynne research to see if the
Agreement listed above would be breached.
Harry 011inger addressed the City Council stating that he does not have a problem with
the new neighbors, but adding Founder's Square to the already heavy traffic problem will
only cause more of a congestion and traffic problem.
Hop Allen addressed the City Council to inquire if the general parking was going to be
used by the residents of Founder's Square. Mr. Mims stated that Founder's Square will
be providing their own parking.
Ray Moore with Hutchinson Moore and Rauch, LLC addressed the City Council to
answer any concerns of the City Council.
It was discussed and determined that the document presented by Mr. Stapleton would not
cause a breach in the agreement of 1980, because the public parking lot will remain as a
public parking lot.
Mayor Kant stated that he would have staff to look at Masonic Drive to see if anything
can be done to make this area safer.
After further discussion, Councilmember Quinn moved to approve the Site Plan of
property owners, Mike Bernhardt - Founder's Square development at the Old Post Office
site located at 76 Section Street, Fairhope, Alabama for a proposed mixed -use building.
Seconded by Councilmember Christenberry, motion passed by the following vote: AYE -
Quinn, Stankoski, Christenberry, and Ford. NAY -None. ABSTAIN -Gentle
Gregg Mims, City's Planner addressed the City Council to explain the Site Plan
Review of property owners, Douglas and Sarah Kennedy. The Kennedy Site Plan located
at 308 Magnolia Avenue (Southside of Magnolia Avenue, just West of Section Street) for
a proposed mixed -use building
STAFF INTERPRETATION:
Douglas Kennedy is the authorized agent for Sarah Kennedy and himself in this request. The property is
located in the Central Business District (CBD) and is zoned B-2 (General Business). The applicant is
proposing a 3-story professional office/residential building.
The mixed -use building is composed of four (4) residential dwelling units and eight (8) lease spaces for
office/commercial uses.
Building Height and Building Square Footage: The site's lot area is approximately 12,197 square feet;
the total building coverage for this project is 4,442 square feet (;--36%). Maximum building height is 35'; the
applicant is proposing a 34' 6" building height.
Parking Requirements: Mixed -use developments in the Central Business District are required one (1)
space per residential dwelling unit; no parking is required for non-residential uses in the CBD. Four parking
spaces are required; 10 spaces are provided on the South side of the property (behind the building).
Site Access: A common access driveway off of Magnolia Avenue is provided.
H1.1
22 January 2007
Landscaping: The applicant met on -site with the City Horticulturalist and a member of the Tree Commission
on September 8, 2006 to review existing vegetation. The trees located along the South property line will be
preserved through the use of gravel in this parking area rather than pavement.
PLANNING COMMISSION RECOMMENDATION:
The application was heard at the December 4, 2006 Planning Commission meeting.
The Planning Commission recommends the City Council approve the Site Plan as requested.
Respectfully Submitted for Consideration,
Jonathan I. Smith B. Gregg Mims
Planner Planning Director
City of Fairhope City of Fairhope
Councilmember Christenberry moved to approve the Site Plan Property owned,
by Douglas and Sarah Kennedy. The Kennedy Site Plan located at 308 Magnolia Avenue
(Southside of Magnolia Avenue, just West of Section Street) for a proposed mixed -use
building. Seconded by Councilmember Ford, motion passed by the following votes:
AYE-Stankoski, Christenberry, Ford, and Gentle NAY -Quinn.
Councilmember Christenberry made a motion to approve an application for a
Restaurant Liquor License by Kenneth P. Buck, dba Buck's Diner, located at 58 North
Section Street, Fairhope, Alabama. Seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
4061
January 17, 2007
A.I.P. No. 01-0029-009-2007
Contract No. 673801.10
Construct Access Taxiways and
Approach Aprons at the
H.L. Sonny Callahan Airport
Fairhope, Alabama
Mr. Colton Coile, Chairman
Fairhope Airport Authority
161 North Section Street
Fairhope, Alabama 36533
Dear Mr. Coile.
�;rrti.aa'ke t.ccm
3A09 FAUffett'Road Q66? 8`
RO, 5ox7434
Mobile, Alabama 3667v0Av4
251.342.10?0
Fax 251.3 6 3G_4
vd6rtrr-J.al kert.co!,•
Enclosed are three (3) copies of the Tabulation of Bids received on December 21,
2006 for the referenced project. The following is a summary of the total bid
amounts submitted,
Contractor TOTAL BID AMOUNT
McConnell Contracting, Inc. $269,527.04
Asphalt Supply, L.L.C. S274,232.50
John G. Walton Construction Co., Inc. $377,453,26
We have reviewed the bids and found errors and/or irregularities in the following
bids:
1. McConnell Contracting, L.L.C.
o Did not complete the Unit Price column for the following pay items:
• 665X-000 — Temporary Erosion Control Plan
• SP1-1 Mobilization
2. Asphalt Supply, Inc.
o Extension error totaling $3,000,00 in pay item 621 C-027.
c. Did not sign the Certificate of Compliance in Section F — Disadvantaged
Business Enterprise Program of the proposal pages.
3. John G. Walton Construction Co., Inc.
o Did not acknowledge the Addendums by initialing page 12 of the plans
office Location:
Birmm&am, Foley, 1�1c>Z1�iFr Nabaina • v'-a N?s'•�Ily, 0 ?a -do, Pe,�%Iwla. Tvnpa FIc,k,* • Atlmnta, Gn&pa • C�Insv.e, Illinois
Nf-.O leans. L, uisians • Tupe,o, Miwsvpp. • RaleigF, Nprth C:a:oGne • C..aranoa3a.' (•nrsssae • A;a,wrtdna, vrg•ria • '1hir:n�.7:cx�, eJ.G.
4062
VOLKERT
Page 2 — Contract No. 673801.10
Letter to Mr. Colton Coile
RE: Recommendation of Award
January 17, 2007
and specifications; however, the Contractor did verbally acknowledge
both Addendums.
None of the errors irregularities changed the order of the bidders.
If after review the Fairhope Airport Authority agrees, we recommend the award be
made to McConnell Contracting, Inc. in the amount of $269,527.04.
If you concur with the above, please provide us with a Notice to Proceed and we will
prepare the contracts for execution by the Contractor.
Please call at your convenience should you have any questions regarding these
items.
Sincerely,
,��n
,,q, Bobby Odom, P.E.
Project Engineer
/cp
Enclosures
C: Mr. Wiliam Schuller, FAA/A#ort District Office
Dr, John C. Eagerton, IV, Aeronautics Bureau - ALDOT
4063
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Councilmember Ford moved to accept the low bid of McConnell Contracting, Inc,
Theodore, Alabama, for construction of an Access Taxiways and Approach Aprons at the
H. L. "Sonny" Callahan Airport for the two new T-Hangers. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
IM,
TABULATION & RECOMMENDATION
Identification: "INFIELD DRAG MACHINE-REC. DEPT."
Bids open on: Jan. 3, 2007
at: 10:00 a.m.
VENDOR:
MANUFACTURER:
PRICE:
DELIVERY.
Beard Equipment
John Deere
Mobile, AL
Source -One
$10,800.00
10-25 Days
1200A Hydro Unit
Kilpatrick
Camden, AL
Smithco
$10,995.00
30-Days
Jerry Pate
SPECIFICATIONS NOT MET
Pensacola, FL
(Toro 2020, Model: 08884)
$8,995.00
Within 30-Days
Beard Equipment
ALTERNATE BID:
Mobile, AL
SPECIFICATIONS NOT MET
$8,947.50
10-25 Days
John Deere, 1200A
Foley Implement
Foley, AL
NO RESPONSE
It is recommended to accept the bid from BEARD EQUIPMENT COMPANY, Mobile, Alabama. All specifications have
been met.
Eddie Boyett,
Recreation Dept.
Wayne Smith,
Purchasing Agent
Jerry Pate
Bided on the Toro 2020, Model: 08884. This model unit has a rear mounted scarifier buint into Rahn Infield Groomer
Attachment. We specified an underbelly unit.
Beard Equipment
Alternate Bid — Machine bid did not include a hydraulic lift. A hydraulic lift was in the specifications.
Councilmember Stankoski moved to accept the low bid of Beard Equipment
Company, Mobile, Alabama, for the purchase of a Infield Drag Machine. The total cost
of the machine is $10,800.00 the City's cost will be $4,800.00 the remaining cost will be
shared by the Baseball team and Fairhope High School. Seconded by Councilmember
Christenberry, motion passed unanimously by voice vote.
Councilmember Ford moved to address the following item not on the printed
agenda. Seconded by Councilmember Stankoski, motion passed unanimously by voice
vote.
Councilmember Christenberry addressed the City Council stating that at the
December 18, 2006 regular City Council meeting Mayor Kant was authorized to redo the
survey, and to report back to the City Council to see how the survey has changed in 2007.
The results were received and the figures did not support offering Broadband services in
Fairhope. Councilmember Christenberry moved to remove broadband off the table.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
m"
22 January 2007
Mayor Kant commended Councilmember Quinn for being appointed Chairperson to the
National League of Cities Energy, Environmental Natural Resources Steering
Committee.
There being no further business to come e ore the City Coun e meeting was
duly adjourned at 6:39 p.m.
Robert C. Gentle, Council President
eniece W. Johnson, C' C erk