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Home My WebLink About11-08-2007 Regular Meeting4384 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:35 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section, Street, Fairhope, Alabama 36532, on Thursday, November 8, 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 Assistant City Clerk Lisa A. Hanks. City Clerk Geniece W. Johnson was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Reverend Joseph Bullington, pastor of Fairhope United Methodist Church, gave the invocation. Councilmember Quinn moved to approve minutes of the October 22, 2007, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: • Nancy Wilson, City Treasurer, presented the following PowerPoint presentation no action was taken by City Council. CITY OF FAIRHOPE CITY COUNCIL MEETING NOVEMBER 8, 2007 I SUMMARY UNAUDITED FINANCIAL REPORTS TWELVE MONTHS ENDED 9/30/2007 L___ GENERAL FUND 12 MONTHS tI MONTHS NCRLVE ENDED ENDED IDECREw1 WSW. Sr" REVENUES 21,71Y,/79 19,026,r99 pMRUNYG'1rU1I'i}1MNEr•R 2250,90D I EXPENSES 2g069503 15,971,527 1,696,975 EXCESS REVENUE OVER (UNDER) EXPENSE 616,976 Slide 1 Slide 2 4385 8 November 2007 GAS FUND 12 MONTHS 12 MONTHS INCREASE ENDED ENDED NECREASEI 60007 1130106 REVENUES 7,410,713 7,130,039 286.075 COSTOFENEROY 3,519.9N 4,091,882 (571.913) EXPENSES• NCLUON9TRANSFERS 3,253,001 2,930,973 316.031 TOTAL COSTIEXPENSE 6,772,973 7,028,855 EARNINGS (LOSS) 043.710 Slide 3 WATER/SEWER FUND 12 MONTHS 12 MONTHS INCREASE ENDED ENDED IDECR ED 9170107 00106 REVENUES 8,847,146 8,507,136 U0,010 COST OF ENERGY 643,00 540,297 103,398 EXPENSES- INCLVONOTRAxiFERf 7451.270 7,030,977 420,293 TOTAL COSTIEXPENSE 6,001,985 7,571,274 EARNINGS (LOSS) 762,140 Slide 5 ALL FUNDS 12 MONTH 9 12MONTH3 INCRWE ENDED ENDED (DECREASE) 9130107 600106 REVENUES 55,BD1,328 51,053,6DB 4,750,T10 EXPENSES 52,027,035 49.211,567 3,415,468 EXCESS REVENUE OVER(UNDER)EXPENSE 3,1T7,293 ELECTRIC FUND 12 MONTHS 12 MONTHS INCSFAEE ENDED ENDED (DECREASE) E130107 S00106 REVENUES 16,745,190 14,658,712 1,89S,478 COST OF ENERGY 9,800.259 9,111,106 899,153 EXPENSES- INCLUONOTRUISFiRS 5,747,705 5,051,434 696,271 TOTAL COSTIEXPENSE 15,517,961 14,162,540 EARNINGS (LOSS) 1,197,224 Slide 4 GOLF FUND 12 MONTHS 12 MONTHS INCREASE ENDED ENDED (DECREASE) &"107 9I3006 REVENUES 1,509,800 1,530,623 (20,823) EXPENSES 1,511,B30 1,476,371 05,259 EARNINGS (LOSS) (31,8301 Slide 6 Slide 7 Slide 8 STATEMENT OF ACTIVITIES FY 2007 3r:1'1 8 November 2007 CASH BALANCE COMPARISON AT SEPTEMBER 30,2007 CURRENT PRIORMORTH PRIORYEAR 1M7 9131007 600109 OENERALFUND 2,052,766 1,980,135 2,199,591 OASFUND 587,620 632,022 572,620 ELECTRIC FUND 2,263,8W 2,097,60 1,991,916 WATER FUND 4,315,664 4,2W,662 4,813,129 OOLFFUND 130.799 94,237 175,240 OAS TAX FUND 312,345 329,714 257,881 CAPITAL PROJECTS IINCLUDE3 LIBRARY PROJECT ACCOUNT) 3,829,606 3,976,317 306,762 TOTAL -AU FUNDS 73112,34 13,34733 10,571,1tl SINNNO FUNDS 2,101,878 1,970,68b 2,OB5,025 WARRANT FUNDS 4,302= 4,364,911 e56149 T91ALF1CW0110931�3 7,110,6W S,989,130 I,SM.ISS Slide 9 Slide 11 Slide 10 • Gregg Mims, Planning Director, presented the following PowerPoint presentation no action was taken by City Council. [AU.A 8 November 2007 OvervicM, of the C1111 of Falrhoi)c 111,xinijig ep"Irtinent 0D Novc,n bur 8, 2(07 Slide I 200,Anplicitim Slide 3 Planning DeparttTi.eiit Staff ......................... ............................................................................................................ i3B. Gregg Mims, Planning Director o Jonathan I. Smith, Planner a Nancy Milford, Planner a Kim Burmeister, Environmental Officer a David Powell, GIS Manager a Emily Irby, Administrative Assistant Slide 2 B,Adirig Penviit Ilan Reviews o Total Plan Reviews: 44 o Plan Reviews Requiring Planning Commission and City Council Approval: 14 Slide 4 Slide 5 Slide 6 4388 8 November 2007 Planning Ilutiativ(s a Adoption of new Planning Commission Bi-laws, including ethics and conflict of interest provisions. o Adoption of Amendments to the Subdivision Regulations. ■ 100 Year Storm Drainage Requirements. ■ Stormwater Maintenance Plan. ■ Mandatory Buffers Along Mobile Bay, Rivers, Creeks and wetlands. • Public Notice Sigrage. • Neel -Shaffer Traffic and Drainage Study. Slide 7 Planning; In.1n2tives ................... ..............__..__._............._._..._..._...._...................... ..................... ❑ Staff Materials and Review . Planning Commission Packets are delivered at least one (1) week prlar to meeting. . Power Point presentation of application materials and supporting maos at Planning Commission meetings. • Distribution of draft Planning Commission Agenda to elected officials, neighborhood groups, etc. . Engineer review of all major applications to the Planning Commisslcn by a Ucensed Professional Engineer. . Local utility providers are now involved In the Department Review Comni,ttce-mcess. . Aerlal Photograph w;th a Site Plan or Plat overlaid required for Site Plan Review and PUD/PUD Amendment Review. Slide 9 Platining Departinent Projects o Dialogue with Faulkner State Community College and University of South Alabama concerning future expansion and infrastructure. o Partnership with Downtown Merchants • Amendment to the Sign Ordinance. • Pedestrian Level Lighting Pler.. • Parking Inventory Assessment. Platuiing; Initiatives o Multiple Occupancy Unit Subdivision Regulations Amendment. . Stormwater Facilities and Calculations shall meet all requirements of the Subdivision Regulations. . 20' Building Setbacks Required. • Maximum 35' Building Height. o Within the Five (5) Mile Planning Jurisdiction. Slide 8 Pl^j�ring Dep:u.tri.ntProlicts _........ ... ................................... __...... _.................................. _..__...................... ............. . o Greeno Road Project. o Intersection Improvements at 104 and Greeno Road. a South Beach Park Trail Grant. a Skate Park Grant. o ILS System. o Grant Initiatives. a 181 Access Management Plan. Slide 10 1111anniug Department Proj cts a 2010 Census. a Comprehensive Plan Updates. a Comprehensive plan Strategies. • Create a stronger central marketing mar agement organization for the downtown area. • Work with the Parking Authority to treat a downtown parking strategy. • Hospital Overlay District. • Prepare a five (5) year capital Improven ient Program. o Impact Fee Ordinance. a City/County Issues. o "Meet the City" Event. Slide 11 Slide 12 4389 8 November 2007 Regullatory Aniendments —1999 to 11cosent o Fifteen, (15) Zoning Ordinance Amendments. o Twenty Two (22) Subdivision Amendments. o 2003 Tree Ordinance. ❑ Impact Fee Ordinance. Slide 13 1:19nnit!g \warcis a 2000 - The Alabama Chapter of the American Planning Association - Outstanding Planning Program in 2000 for the City of Fairhope Comprehensive Plan. o 2004 - The Alabama Chapter of the American Planning Association - Outstanding Planning Award for Project/Program/Tool in (Fairhope Strategic Implementatier. Tools). Slide 15 .%loratoniurrS o Subdivision Moratorium (June 26, 2006 - March 8, 2007). o Permits Moratorium on Highway 181 (Adopted on December 11, 2006; Amended April 9, 2007; Removed on September 10, 2007). o Modular Building Moratorium (Adopted September 10, 2007 - 120 Days; End Date - December 9, 2007). Slide 14 `+ig;nitiru!t Planning Ads Lu:cernents o Staffing o Multiple Occupancy Project Provisions a 100 Year Storm -Event Provisions a Traffic Modeling o Impact Fee Ordinance a Buffer Requirements along Environmentally Sensitive Areas. Slide 16 Mayor Kant presented the following Proclamation to Jennifer Fidler, Public Works Director, proclaiming November 15, 2007 as America Recycles Day. 4390 8 November 2007 AMERICA RECYCLES DAY WHEREAS, TO FOCUS THE NATION'S ATTENTION ON THE IMPORTANCE OF RECYCLING AND CLOSING THE LOOP, BUSINESSES, INDUSTRIES, GOVERNMENT AGENCIES, NONPROFIT ORGANIZATIONS, AND INDIVIDUALS HAVE JOINED TOGETHER TO CELEBRATE AMERICA RECYCLES DAY AND ARE ENCOURAGING THEIR EMPLOYERS, STAFF, CUSTOMERS, AND CITIZENS TO PLEDGE TO RECYCLE MORE PRODUCTS STARTING NOVEMBER 15T"; AND WHEREAS, PARTICIPATING IN AMERICA RECYCLES 2007 IS ONE WAY CITIZENS CAN HELP RAISE AWARENESS ABOUT THE NEED TO REDUCE WASTE BY REUSING, RECYCLING, AND BUYING RECYCLED PRODUCTS; AND WHEREAS, STATE AND COMMUNITY LEADERS NEED TO SPREAD THE WORD ABOUT THE EXCELLENT RECYCLING PROGRAMS THEY HAVE ESTABLISHED, THE GROWTH OF MARKETS FOR RECYCLABLE MATERIALS, AND THE IMPORTANCE OF BUYING RECYCLED PRODUCTS. NOW THEREFORE, I, TIMOTHY M. KANT, AS MAYOR OF THE CITY OF FAIRHOPE DO HEREBY PROCLAIM NOVEMBER 15, 2007, AS AMERICA RECYCLES DAY IN FAIRHOPE WITH A CELEBRATION AND INCLUDING AMNESTY DAY AT THE FAIRHOPE CIVIC CENTER FROM I O:OOAM TO 2:OOPM. Councilmember Christenberry moved for final adoption of Ordinance No. 1349, an ordinance to zone the property of Thompson Achee Development, Inc. to R- 2 Medium Density Single Family Residential concurrent with annexation. The Planning & Zoning Commission recommended approval of this ordinance. This property is generally located south of Copper Key Subdivision and east of Quail Creek Estates, Fairhope, Alabama. Steel Branch. (Introduced at the October 22, 2007 meeting) Seconded by Councilmember Quinn, motion for final adoption passed by the following voice vote: AYE - Quinn, Stankoski, Christenberry, and Gentle. NAY- Ford. Councilmember Ford voted against Ordinance No. 1349 due to connectivity issues and feels there is a loophole in the comprehensive plan. Council President Gentle stated we need to appoint a committee to see if the plan needs to be tweaked. If Councilmember Ford and other citizens are protesting, the plan needs to be looked at. He appointed Gregg Mims, Planning Director, as chairman. Councilmember Ford said the comprehensive plan states, at the beginning, that it is a guide and we bypass this statement. Mayor Kant volunteered to work with Gregg Mims and others members who put the plan together. Councilmember Christenberry mentioned that people want to talk, but not always at the City Council meetings. The City Council needs to be tagged into Meet with Communities. Mr. Mims stated that these biannual meetings will be informal and held at other places rather than the Council Chambers. Council President Gentle suggested meeting at Rock Creek or Quail Creek. Mayor Kant stated that the first meeting for "Meet the City" will be on February 19, 2007. 4391 8 November 2007 Mr. Mims suggested a couple of Councilmembers, several from the Planning Commission, the Steering Committee, and four or five citizens for reviewing the Comprehensive Plan. Council President Gentle asked could we have a committee picked by the next City Council meeting. Councilmember Stankoski said that we have had public meetings/hearings and citizens stated that connectivity is good. The citizens take it from theory and then we connect to their neighborhoods and say whoa! Everything was great until it infringed on their neighborhood. Council President Gentle stated that Fairhope is based on connectivity and asked are we concerned with all connectivity or just tweaking the plan. Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution to present application for grant assistance to the LETS Grant program. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1431-07 WHEREAS, the City of Fairhope Police Department has complied with the Alabama Criminal Justice Information Center. Uniform Crime Report reporting requirements for FY 2006 and remain current; and WHEREAS, The City of Fairhope intends to present an application to the Alabama Department of Economic and Community Affairs for grant assistance to the LETS Grant program; and WHEREAS, said programs are limited to funding a maximum of ninety percent ($25,000.00 or greater) which will be used to purchase equipment for the police department; and NOW THEREFORE BE IT RESOLVED, that the City of Fairhope holds in reserve ten percent ($2,777.50) of the proposed projected cost for the purpose of matching the LETS Grant Fund assistance; and BE IT FURTHER RESOLVED, that in the event a grant is awarded, the City of Fairhope understands that it will sign assurances to comply with all applicable Federal and State laws, rules and regulations. DULY ADOPTED THIS 8TH DAY.OF NOVEMBEP 2007. t-- �—• Mayor 4392 8 November 2007 Councilmember Stankoski moved to make the following re -appointments to the Environmental Advisory Board: Reappointments Appointment Date Expiration Date Jim Horner 11/01/07 11/01/09 Lisa Adams 11/01/07 11/01/09 Ron Heveran 11/01/07 11/01/09 Gary Gover 11/01/07 11/01/09 Henry Phillips 11/01/07 11/01/08 Jeanine Normand 11/01/07 11/01/08 Garland Sims 11/01/07 11/01/08 Bob Gentle — Council President 11/01/07 11/01/08 DebbieQuinn— Councilmember 11/01/07 11/01/08 Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Cynthia "Maggie" Mosteller—Timbes, Marietta Johnson Museum Director, Kenneth and Geoffrey Cain, members of the Museum's executive committee, addressed the City Council and gave a report on the Marietta Johnson School of Organic Education celebrating its Centennial Year. Ms. Mosteller-Timbes stated that in early October, the Marietta Johnson School of Organic Education celebrated its Centennial Reunion Weekend. Former students from all parts of the country and all walks of life converged on Fairhope to mark the 100th anniversary of the founding of the Organic School by visionary and progressive education champion, Marietta Johnson. From the earliest days of the Organic School in 1907, its history has been closely tied to the City of Fairhope. Both the school and the city have mutually fostered an atmosphere of cooperation and respect for the individuality of each member of this community. The ideals espoused by Mrs. Johnson and shared by Fairhope's Founding Fathers of intellectual honesty, initiative, open-mindedness, freedom of thought, fearlessness along with physical and moral courage have sustained our citizens through a century of life in a world often fi-aught with conflict, mediocrity and economic uncertainty. Those fortunate enough to have called Fairhope "home" are doubly blessed to have been touched by Marietta Johnson's nurturing educational philosophy — a philosophy that today continues to underpin the school's on -going efforts to perpetuate the growth and development of the minds, bodies and spirits of its students. 4393 8 November 2007 On the occasion of its 100`f' anniversary, the Marietta Johnson School of Organic Education along with the Marietta Johnson Museum wishes to publicly thank the city of Fairhope for the untiring support and cooperation it has given to both the school and to the museum. With gratitude, we look forward to the city's continued support and are proud to play an integral part in the efforts that contribute toward making our community one of unique and special character — an organic, living community in which we can all be proud. The school is thriving and enrollment is up. $40,000 was raised for the operating fund. The endowment fund is in excess of $1,000,000. Councilmember Stankoski addressed the City Council and gave a report on the Street Committee's reconsideration of Live Oak and Maple: • Closing off Live Oak Road from Greeno Road • Creation of a cul de sac • Placement of a speed bump on Live Oak or Maple The following are the minutes from the Street Committee meeting that was held at 4:45 p.m. on November 8, 2007: Bob Gentle recommended denial of closing off Live Oak at Greeno and Cecil Christenberry agreed. Bob Gentle recommended denial of creating a cul de sac and Cecil Christenberry agreed. Bobby Green provided a letter dated November 7, 2007 requesting placement of "No Through Street," "15 MPH/Slow Children at Play," or "No Construction Vehicle Traffic" signs be considered. Jennifer Fidler advised a "No Construction Vehicle" sign would be placed on Maple. Jennifer Fidler advised the "greening of Greeno Road" project is on -going. This project may alleviate some of the traffic concerns as a median will be put on Greeno Road at Live Oak restricting some flow of traffic to Live Oak. This area will be referred to City Planning. After discussion, it was the fecommendation of the Committee to request the police department do a third traffic survey at Live Oak and Maple with emphasis on school being in session and early morning and afternoon traffic. Further action will depend on the results of the traffic survey and recommendations of police department. 4394 8 November 2007 Councilmember Quinn addressed the City Council and gave a report on the following: Fairhope High School Band Eastern Shore Affordable Houses, Inc. (Sister Julie Guillot) Downtown Transportation Marion E. Wynne, City Attorney, stated that the Attorney General's Opinion 2001-88 acknowledged that it was appropriate to fund a school band if it serves a public purpose. Publicity that the Fairhope High School Band gives the City of Fairhope is a public service. You do not need a contract, but the City Council must pass a resolution that it is for a public purpose. The money should be paid to the school and not to an individual. Council President commented that we would support the Band, but needed to review the budget and wait until after the beginning of next year. No action was taken by City Council. Councilmember Quinn said that she met with HMR and Sister Julie regarding the contract draft and helping affordable housing projects. Mr. Wynne stated that a contract did not have to be executed in this case. Councilmember Quinn moved to authorize Mayor Kant to work with Eastern Shore Affordable Houses, Inc. for affordable housing as stated in the City of Fairhope's 2007 Comprehensive Plan. All affordable housing projects shall provide housing for individuals with an income below the mean income level.. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn began by stating that she did not want to contact BRATS until there was a consensus with the downtown merchants for using this type of transportation to help with the parking issue. She asked if staff could prepare a survey to pass around to merchants regarding parking ideas for downtown. Jennifer. Fidler, Public Works Director, said that she and Gregg Mims, Planning Director, have been looking at the parking issue. They found several locations for possible additional parking: • Bancroft Street • Behind Library • Church Street between D;,1-a-mar and Fels • Magnolia (Section and Church) • Summit between St. James and Fairhope Avenue • Pine Street 31M 8 November 2007 Ms. Fidler stated there are approximately 80 parking spaces that could be made available. Councilmember Quinn inquired about parking around the K-1 Center. Ms. Fidler said the Baldwin County School Board owns the land. Councilmember Ford suggested reconsidering the K-1 area. Maybe we can contact the School Board regarding the property. Councilmember Quinn will meet with Jennifer Fidler and Gregg Mims regarding the available parking downtown. Council President Gentle stated we need to update the available parking spaces as of today. Gregg Mims, City Planner, addressed the City Council and gave a report on the Baldwin County Trailblazers, Inc. His department prepared a draft contract and now just waiting for the review of our budget to see when funds will be available. No action was taken by City Council. Council President Gentle, Tree Committee, addressed the City Council and discussed the need to move forward with a study for the City of Fairhope acquiring an urban forester. Mr. Gentle mentioned there could be changes in the tree ordinance that could change what we are looking for in the urban forester. Councilmember Stankoski stated that the City had tree issues with Shellbrook and the Hampton Inn. We will continue to have growth and development. We need to eliminate the problems and help the City; "Keep Fairhope Beautiful." We are looking for guidance from the City Council and to see if you are interested in the idea. Councilmembers Quinn, Christenberry, and Ford stated that an urban forester is important to the City. However, Councilmember Ford said we have a forester on our staff. We are stepping on people's toes and creating a job for someone. Council President Gentle stated that the Tree Committee just wanted to get the City Council's opinion before moving forward with a study, applying for a grant, and hiring an urban forester. No action was taken, but City Council wants to look into this issue. Councilmember Quinn moved to grant the request of the Eastern Shore Optimist Club of Fairhope, Alabama requesting permission to use the City's property behind the site for the new Fairhope Public Library (located at the corner of Magnolia Avenue and North School Street) for their annual fund raising Christmas Tree Sale 2007. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Quinn moved to grant the request from the Recreation Department requesting permission to use funds from the Recreation Improvement Account for the repair to Fairhope Municipal Stadium. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 4396 8 November 2007 ONTABULAIMMSHEST FAIRNOPE UNN19 FACUrf FAIRNOM ALAOA8IA CITY OF FAIRHOPE TuaadR4October 30, 200f a18:80 p,m. M h8TAWLATE00EL0W,BIDBWEHE RMMD,.. 0UdMWU0(PoMABdampp,DgL ProJ<al Na: 070d24 Tk"ikN'b/ M.7m7 TEOt- =P.N0yoadtl U%IdVaWeaPAd F'tdneN, Ah6aaa eeaoq, n.aw�mwwa wrnoa n x , a , E ItR.Kopf ca"h llnq A S#B7,80..0 x A �. _Ndaan _.. SNekpe t aazm Thom" Conalro Wn )f tW,97A00 x A ILC.Pihnan A SWIM A x I mA9TdaM4 dambWWA read"*do Uaa andpnm WmYd andNWdda N j iW and mnadldaW*A01 anElda aaMad rUp" at 'S+Aan B anda,L�dbedxwm • id ndA.lAuoAer My ' rn fission Expires 11.17-08 _ Councilmember Quinn moved to accept the low bid of Thomas Construction, provided all specifications are met, for the construction of the Fairhope Tennis Facility, known as the Stimpson Tennis Complex, in the amount of $335,370.00. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. This purchase will be funded by the GOW 2007 proceeds. 4397 8 November 2007 TABULATION / RECOMMENDATION Identification: "City- Wide Pest and Termite Control Services" Bids open on: 10/16/2007 at: 11:00 a.m. VENDOR: Pest Control: Termite Control. Total Annual Cost. Cooks Pest Control $2,116/month NO BID $25,392 (Pest only) Guardian Termite & Pest $ 595/month NO BID $ 7,140 (Pest only) Professional Pest Control NO BID NO BID N/A Terminix $ 875/quarter $23,919/year $3,500 — pest (all facilities) $23,919 — termite (per attached, as facility is bonded Bug Master Exterminators NO BID NO BID Hadley Termite & Pest Control NO BID NO BID It is recommended to accept the bid from Terminix. All specifications have been met. Councilmember Stankoski moved to accept the bid of Terminix, provided all specifications are met, for city-wide pest control services in the amount of $3,500.00 annually. The City Council will look at the termite control services at a later date. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the General Operating funds. Councilmember Christenberry moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjotuned at 7:05 p.m. _Qvv� Robe C. Gentle, Council President 4LisaHa'n��ks, ssistant �City_Clerk