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HomeMy WebLinkAbout10-13-2008 Regular Meeting4716 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 13 October 2008. 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 Lisa A. Hanks. There being a quorum present, Council President Gentle called the meeting to order. The invocation was given by City Attorney Marion E. Wynne and the Pledge of Allegiance was recited. Councilmember Christenberry moved to approve minutes of the September 22, 2008, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Elizabeth Byars, a resident of Fairhope at 134 Paddock Drive, addressed the City Council and congratulated the newly elected officials. Ms. Byars announced that a seminar would be held in Gulf Shores, Alabama on October 23, 2008 at the Adult Activity Center on 260 Clubhouse Drive from 2:00 p.m. — 5:00 p.m. The seminar is sponsored by The League of Women Voters of Baldwin County and titled "Critical Water Issues." Sherry Sullivan made the following announcements: • 5th Annual Alabama Coastal Birdfest - Bird & Conservation Expo will be held on Saturday, October 18th at the Faulkner State Community College Campus from 9:00 a.m. to 4:00 p.m. There will be vendors, exhibits, lectures, demonstrations, and children's activities. The admission is free. • Grand Festival of Art By the Bay will be held on October 18 & 19, 2008 at the Fairhope Municipal Pier, South end Park. This event is sponsored by the Eastern Shore Art Center. • Baldwin Pops Founder's Day Concert will be held on Sunday, October 19, 2008 at 6:00 p.m. on the Bluff at Henry George Park. Mayor's Comments and Staff Reports: • Mayor Kant addressed the City Council and requested that they consider passing the Budget for the FY 2008-2009. He said they had the cost estimates and expenses for four weeks and would like for the City Council to consider a few points: 4717 13 October 2008 1. A cost of living increase for employees of 4% this year. 2. The landfill costs are not included and we will need a plan to haul this material to the county landfill. 3. The Library and Airport were increased only 5%. 4. Real estate taxes are up only 4% and most departments have been cut 5% other than employee related expenses. 5. The City will pay the Fairhope Volunteer Fire Department $10.00 per call. 6. Authorize the capital expenditure of five police cars. Mayor Kant stated that the new City Council does need to meet regarding capital expenditures and appropriations. Councilmember Ford moved to address item #15 next. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Gary Gover and Linda Jones of the Fairhope Historic Preservation Committee addressed the City Council and presented nine original sketches to the homeowners who participated in the 2007-2008 Historic Homes Tours. These original colored drawings were done by Andy Overstreet. The following proclamation was presented by Mayor Kant Proclaiming the month of October as National Community Planning Month. 4718 13 October 2008 uir4japr, Alabama IV*&rocCamatiott C�sz COMMUNITY PLANNING MONTH WHEREAS, CHANGE IS CONSTANT AND AFFECTS ALL CITIES, TOWNS, SUBURBS, COUNTIES, BOROUGHS, TOWNSHIPS, RURAL AREAS, AND OTHER PLACES; AND COMMUNITY PLANNING AND PLANS CAN HELP MANAGE THIS CHANGE IN A WAY THAT PROVIDES BETTER CHOICES FOR HOW PEOPLE WORK AND LIVE; AND WHEREAS, COMMUNITY PLANNING PROVIDES AN OPPORTUNITY FOR ALL RESIDENTS TO BE MEANINGFULLY INVOLVED IN MAKING CHOICES THAT DETERMINE THE FUTURE OF THEIR COMMUNITY; AND THE FULL BENEFITS OF PLANNING REQUIRES PUBLIC OFFICIALS AND CITIZENS WHO UNDERSTAND, SUPPORT, AND DEMAND EXCELLENCE IN PLANNING AND PLAN IMPLEMENTATION; AND WHEREAS, THE MONTH OF OCTOBER IS DESIGNATED AS NATIONAL COMMUNITY PLANNING MONTH THROUGHOUT THE UNITED STATES OF AMERICA AND ITS TERRITORIES; AND WHEREAS, THE AMERICAN PLANNING ASSOCIATION AND ITS PROFESSIONAL INSTITUTE, THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS ENDORSE NATIONAL COMMUNITY PLANNING MONTH AS AN OPPORTUNITY TO HIGHLIGHT THE CONTRIBUTIONS SOUND PLANNING AND PLAN IMPLEMENTATION MAKE TO THE QUALITY OF OUR SETTLEMENTS AND ENVIRONMENT; AND WHEREAS, THE CELEBRATION OF NATIONAL COMMUNITY PLANNING MONTH GIVES US THE OPPORTUNITY TO PUBLICLY RECOGNIZE THE PARTICIPATION AND DEDICATION OF THE MEMBERS OF PLANNING COMMISSIONS AND OTHER CITIZEN PLANNERS WHO HAVE CONTRIBUTED THEIR TIME AND EXPERTISE TO THE IMPROVEMENT OF THE CITY OF FAIRHOPE; AND WE RECOGNIZE THE MANY VALUABLE CONTRIBUTIONS MADE BY PROFESSIONAL COMMUNITY AND REGIONAL PLANNERS OF THE CITY OF FAIRHOPE AND EXTEND OUR HEARTFELT THANKS FOR THE CONTINUED COMMITMENT TO PUBLIC SERVICE BY THESE PROFESSIONALS. NOW THEREFORE, BE IT RESOLVED THAT THE MONTH OF OCTOBER 2008 IS HEREBY DESIGNATED AS COMMUNITY PLANNING MONTH IN FAIRHOPE IN CONJUNCTION WITH THE CELEBRATION OF NATIONAL COMMUNITY PLANNING MONTH. iln wuuin w seo a uwufo uE my cmind LL 66d1, to S. 41--d O ®COPYRIGHT 2"- MhJICI"AIAWAW=MPANK.COM-CUU AN.AI 256039-MI 4719 13 October 2008 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing Ordinance No. 1369. The Planning & Zoning Commission recommended approval of this ordinance, an ordinance to rezone the property of Charles Leon Saltz and Carol W. Saltz from R-3 High Density Single Family Residential District to B-4 Office and Professional District. This property is generally located at 1090 Fairhope Avenue, Fairhope, Alabama. Gregg Mims, Planning Director, explained the proposed ordinance: STAFF INTERPRETATION: The subject property is zoned R-3 (High Density Single -Family Residential). The applicant is requesting to rezone to B-4 (Business and Professional Office). The property is currently developed as a daycare, which is considered a "grandfathered use" of the subject site. All associated owners/investors include: Charles Leon Saltz and Carol W. Saltz. On June 9, 2008, the City Council approved an R-5 to B-4 zoning change for the parcel abutting the west lot line of the subject property (Lot B of Lot 16 East Gate). Due to the surrounding zoning districts and the current use of the property, staff feels that a B-4 zoning designation is not inappropriate for the subject site. The B-4 zoning district is "intended to provide opportunity for business establishments of a professional nature and is restricted to offices and businesses, which provide specific corporate functions or professional services to the general public." (Article III, Section A. 14.) The rezoning request is not contrary to the City of Fairhope Comprehensive Plan. The land adjacent to the subject property to the north is zoned B-2 (General Business), west lies property zoned B-4, east is property zoned R-5 (High Density Multi -Family Residential) and south is zoned R-3 (High Density Single -Family Residential). PLANNING COMMISSION RECOMMENDATION: On August 4, 2008 the Planning Commission unanimously recommended the City Council approve the request to rezone the subject property from R-3 to B-4 contingent upon the following condition: 1. Any future development on the subject property shall comply with all applicable local, state and federal regulations. 2. Respectfully Submitted for Consideration, Jonathan I. Smith B. Gregg Mims Planner Planning Director City of Fairhope City of Fairhope 4720 13 October 2008 Council President Gentle opened the Public Hearing at 5:48 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 5:48 p.m. In order to take immediate action Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Stankoski then moved for final adoption of Ordinance No. 1369. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY — none. Chris Gill, Attorney with Hand Arendall, LLC, addressed the City Council to explain the ordinance relating to wetlands. Mr. Gill read from the April 2007 Storm Water Report which stated the need to "identify sensitive areas such as wetlands, streamside buffers, areas with Grady soils and other soils not suitable for infiltration BMPs, etc. that should be preserved for open space/conservation areas. Comprehensive watershed storm water management plans are preventive rather than reactive and can address impacts of proposed future development on water quantity, quality, and erosion/sedimentation control issues." Mr. Gill also read from the Audubon International's Natural Resource Inventory prepared for the City of Fairhope in December 2003. The following is from the Executive Summary: "The aquatic resources of the Fairhope Region, including Mobile Bay, Weeks Bay, and the Fish River are central to the area's economy and the attractiveness of the community to both residents and visitors. Preserving these resources and keeping them healthy is of primary interest to the community. The health of the River and Bays is directly influenced by the activities that take place adjacent to the small streams that feed them and the presence of the wetlands that serve as water filters. Streams and wetlands must be preserved, and buffered from detrimental impact." The following was also read from several other pages: "They are also important in maintaining the structure of the food web, as well as filtering the open water that provides economic and recreational opportunities for humans. The City of Fairhope borders on regionally and globally significant waters that provide an economic base and in a sense define the community. However, there is frightening evidence that these aquatic resources are rapidly declining. The City should develop regulations that discourage and regulate wetland impacts, including impacts to isolated wetlands; prevent the platting of lots in wetlands or riparian zones, and prevent the use of wetlands for stormwater detention. These regulations should be as strong as or stronger than county wetland regulations. They should apply to all development and not just subdivisions." 4721 13 October 2008 Mr. Gill stated that the committee met twice to prepare the ordinance which attempts to regulate building on and disturbing wetlands. This ordinance is not reactive, but preventative measures. Council President Gentle asked if it was illegal for the City to regulate the watershed. Mr. Gill replied the City and County can be more restrictive than the Federal Government. Councilmember Ford asked how far the building jurisdiction goes. Mayor Kant replied one and one-half miles outside the City limits, but it could go three miles. Councilmember Quinn stated that this is just the building jurisdiction and wished we could go to Weeks Bay and Camp Beckwith. Councilmember Ford asked; how many acres are you going to condemn. Mr. Gill replied if the structures are already there they are grandfathered in. This is a middle of the road ordinance for regulating wetlands. After further discussion, Councilmember Quinn introduced in writing Ordinance No. 1370, an ordinance relating to the issuance of land disturbance permits for activities that may result in the loss, fill or destruction of wetlands within the City limits and the City's building permitting jurisdiction. In order to take immediate action, Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration failed to pass due to the following voice votes: AYE - Quinn, Stankoski, Christenberry and Gentle. NAY - none. ABSTAIN — Ford. Council President Gentle stated that this ordinance will layover for final adoption at the next regular City Council meeting and told City Clerk Lisa Hanks to note in the minutes that Councilmember Ford will not be able to discuss or vote at the next meeting. Councilmember Ford stated that he was not trying to prevent the ordinance from passing, did not understand the action, owned property with wetlands, and wanted to abstain from the ordinance vote. Council President Gentle then called for a new vote and stated we already have a motion for immediate consideration and a second. The motion for immediate consideration passed unanimously by the following votes: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Christenberry then moved for final adoption of Ordinance No. 1370. Seconded by Councilmember Stankoski, motion for final adoption passed by the following voice votes: AYE - Quinn, Stankoski, Christenberry and Gentle. NAY - none. ABSTAIN - Ford. Council President Gentle announced that item #7, the ordinance amending Ordinance No. 1363 to extend the wetlands moratorium has been pulled from the agenda due to the passing of Ordinance No. 1370 and no further need for an extension. Nancy Wilson, City Treasurer, presented the following Power Point Presentation on the proposed budget for the FY 2008-2009. Ms. Wilson stated that the City Council had the proposed budget since September 15, 2008 for review. We did a fairly good job last year with being within $40,000.00 of the budget at the end of September 2008. The budget is just a working tool. It is only a benchmark to use. 4722 13 October 2008 CITY OF FAIRHOPE MISSION STATEMENT Slide 1 Slide 3 x999 Eq.rdllur.. Slide 2 Slide 4 POLICE DEPARTMENT BUDGET 2909.2W9 . fst0.p.0o mrCrhrw :S.oW.00 xow uP.�Rw.. Slide 5 Slide 6 4723 13 October 2008 FAIRHOPE VOLUNTEER FIRE DEPARTMENT BUDGET 2006d009 Slide 7 JAMES P. NIX CENTER BUDGET 2008- 200E N.w Ch.f. f 6.60D.OD T.Y.WEx.rch. f 2.00000 CemP,x.r f 3,000.00 Al— ayN.m f 16.O w Teal S 26.600.00 RIP -Root 3 66,0mm CIVIC CENTER TMrmoxt.0 for wlr.11..1 s 10.00000 FAIRHOPE MUSEUM sh." 3 3.000.00 T.bN. 3 1.000.00 Ch." 3 1.6w 00 Lrrxn.+a 3 700.00 EMCImNc Equgm.M 3 4.000.00 Cartplx.r 3 1.5w 00 D.nI.M)xRr 3 200.00 Tc1.l f 11.900 OD Slide 9 PLANNING A ZONING DEPARTMENT BUDGET 200t - 200t PARKB • RECREATION DEPARTMENT BUDGET 2008-2009 3 w.ro.m ur.+ak..� k Se.e:JM Slide 8 PUBLIC WORKS BUDGET 2008 - 2009 nxM (.luraprntl la 6MIAFI S.MA t •i IMl0.Un N!`h.aq al (:Mnan.tlly 4`wk t IO.UI+D IID LInpH1✓.xn I/f!JrraM �A tM.xli i :1.!iT6100 N,Y.tl vt..yv at Cxe p tivaM t :120D Oli 4aMw.wxt Haaaair. 6 I.wvlxvla Inr Dawxman t NM tiWw.lk:: t 'ti1.UlYi OV unm Lt,rr,m kavlxro s ho.rxnnD lieTr. lnxa.M fitelim t 1:5.U00 fx) ax r,vn 6w,gnrr s In [x»m s +pz.xo L� tinrmnlKvrlrnrl, NVN Yuw May... Lwwhll-1 tw iquunl, Iv:W In rusk. IAnrM bi 4Y.. 1. — F—Nl wew T-11— t +6,1wbm Lw,nax (•ml i x,<Llxvl nD t 36'iOW.Ul/ Slide 10 Slide 11 Slide 12 4724 13 October 2008 GAS DEPARTMENT BUDGET 2008-2009 Replace Welding buck 5 65,000.00 T— Service Trucks S 80.000.00 S 146.000.00 Slide 13 WATER & SEWER DEPARTMENT BUDGET 2008-2009 R*'nklg W Tnomp-n Hell Lin Slat- 5 50.000.00 Rpalr Well 3 d 5 $ 70,000.00 CMcrinator for Well a2 $ 14.000.00 N!n' Line Locate Machine $ 14.000.00 S 148.000.00 Slide 15 ELECTRIC DEPARTMENT BUDGET 2008.2009 Digger Derrick Truck $ 220.000,00 Pickup Truck S 14.ON= Tremformer9 S 85,000.00 S 319.000.00 9yetm Improvement Slide 14 coa�a.nv r--cc ry atcom.rn artx.cr rew.rew r�W fm..Mv it .Axpiw m e�..4 i roan Y 1 � M+Nntiw4n...aw4 A�'4ww ti 1 1. ..ww+4 Atrmw Slide 16 Ms. Wilson told the City Council that she would be glad to answer any questions and would get the answers from other departments if necessary. Council President Gentle asked the City Council if they had any questions and what were their thoughts regarding the budget. Councilmember Christenberry stated that it is the Council's budget and we have not called a meeting to discuss it. We did not want it to be a political issue during the election. He stated that if we vote on the budget now, then we have strapped the new City Council. We should vote on the first two months of the budget and then let the new Council approve the rest. 4725 13 October 2008 Councilmember Quinn stated there is a rumor going around regarding cutting employees' pay. The Mayor continues to say it is our budget. We should approve the four percent raise and the merit raises need to layover. There should be no new spending or capital expenditures. Councilmember Stankoski stated he had questions in regards to the following: • Repair of a roof - only have one bid • Trash trucks — could use in shifts • Golf Club repairs • Utilities • Gas Fund • Insurance • Electric Fund • Water Department - Electricity • Interest paid by Water Department Councilmember Stankoski said if this is Council's budget, then I need to have these questions answered. Councilmember Ford said he believes we should pass the budget. We have had four weeks to look over. A budget is not required by law. However, we should pass the budget and not hold up the government. Councilmember Ford asked Ms. Wilson if the need to pass the budget was a paper issue or a legal issue. Ms. Wilson replied both and that it was her fiduciary responsibility to make sure the bills are paid on a timely basis. Councilmember Ford stated the budget is always prepared for October 1 st and is a guideline to follow. He said we are getting off on the wrong foot and this is bad for the Council. We should pass it and then change it if necessary. Council President Gentle said we must pass the budget and then tweak it later with your caveats. The new Council needs to buy into it and work as a whole. We have the big picture to think about. After further discussion, Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution approving the Proposed Budget FY 2008-2009 with specified caveats. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 4726 13 October 2008 RESOLUTION NO. 1466-08 BE IT RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the proposed Budget presented and reviewed this 13th day of October 2008, be hereby approved and adopted with the following caveats: 1. Approve the employee pay increases as presented in the Budget for the FY 2008- 2009 2. Approve the first two months of the twelve month Budget. in order to allow transfers as needed, prohibit any capital expenditures, and allow the new City Council to handle the remaining ten months of the Budget thereafter; and BE IT FURTHER RESOLVED that the Annual Salaries of City Personnel shall be as shown on a list entitled Annual Salaries of All City Personnel - Res. No. 1466-08; said list filed in the Office of the Mayor, of the City Clerk, and of the Personnel Director; and BE IT FURTHER RESOLVED that each Full Time employee completing 12 (Twelve) months of employment without missing a work day for sick shall receive a special One Time Pay Increase of $100.00. The twelve month period is October 1 — September 30. BE IT FURTHER RESOLVED that each Full Time employee shall receive a One Time Pay Increase for the period 1 December 2007 through 30 November 2008; each qualifying employee shall receive $20.00 per month of employment. To qualify, the employee must be a Full -Time Employee during this period. An employee hired on or before the fifteenth (15) day of a month will be given credit for the full month; an employee hired on or after the sixteenth (161h) day of a month will not be given credit for that month. In order to receive this One Time Pay Increase an employee must be employed on the 30`h of November. For the same time period, and hiring rule each qualifying Part-time employee shall receive the following: First year $ 25.00 Second year $ 50.00 Third year $ 75.00 Fourth year $100.00 The maximum amount for Part-time employees is $100.00. In the past, temporary employees have not received anything. This One -Time increase will be awarded on Friday, 5 December 2008. ADOPTED THIS 13th DAY OF October , 2008. ATTEST: Lisa . Hanks, City Clerk 4727 13 October 2008 Council President Gentle announced that items #9 through #14, the appropriations for the FY 2008-2009, have been pulled from the agenda, at the request of the City Council to allow the new City Council to review and discuss. Councilmember Quinn moved to update the Fairhope Police Reserve Roster by adding Stephen Winston. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Joe Birindelli, Chairman of the Fairhope Veterans Day Committee, addressed the City Council to request that the City of Fairhope once again sponsor this year's Veterans Day Parade. The year's parade will be on Saturday, November 8, 2008 and begin at 10:00 a.m. Councilmember Stankoski moved to grant the request. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn addressed the City Council requesting the City of Fairhope write a letter to the Baldwin County Commission asking them to reinstate or prepare a new resolution prohibiting large trucks through Montrose along Scenic Highway 98. Large trucks driving through Montrose are tearing up the trees and are going too fast with no road shoulders. Councilmember Quinn moved to authorize Mayor Kant to write the requested letter to the Baldwin County Commission. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford addressed the City Council regarding the appointment of proposed members for the Strategic Planning Steering Committee. We need to see old Fairhope people on the committee. Jim Nix has a wealth of knowledge and other citizens have agreed to serve. Councilmember Christenberry stated that the motion made was for the appointment of the initial four members and the new City Council would select the remaining three members.. Councilmember Quinn announced that Dave Jester resigned and now there are four vacancies. Councilmember Christenberry addressed the City Council regarding the Utilities Superintendent future handling and asked have we separated the two positions. Council President Gentle replied not formally. Councilmember Ford stated he did not know why they were changing the positions. The supervisors do an excellent job over the utilities. If we hire someone from the outside, the salary would be at least $135,000.00, an additional office and secretary would be needed, and paid insurance for both. The total package would be around $200,000.00. The Mayor could be hired and his salary, based on the budget, would be $35,000.00 as Utility Superintendent. Councilmember Christenberry said he is not sure we need to hire anyone and the three men are doing a great job. Councilmember Ford stated that the Utility Superintendent would report to the Mayor. 4728 13 October 2008 Council President Gentle told the City Council at this time there is no Utility Superintendent. However, Alabama State Law states that in the absence of a Utility Superintendent the Mayor assumes that position. Mayor Kant mentioned the first Utility Superintendent for the City of Fairhope was employed in 1948. Councilmember Christenberry moved to approve Thompson Engineering, Inc. as the engineer for performance of the Discharge Information Zone (DIZ) Monitoring Plan and Report to ADEM for the City of Fairhope's sewage treatment plant permit renewal. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Ford moved to accept the low bid of HD Supply Utilities, provided all specifications are met, for four (4) 100 KVA transformers for Barnwell Field Project. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. This purchase will be funded by the Recreation Department Bond Proceeds — 2007 GOW. 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 adjourned at 7:10 p.m. L Robert C. Gentle, Council President OisaA. Hanks', City Clerk