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HomeMy WebLinkAbout01-08-2001 Regular MeetingSTATE OF ALABAMA )( 2601 COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street, Fairhope, Alabama 36532; on Monday, 08 January 2001. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and the invocation was given by Rev. Stan Weatherford, Pastor of Faith Baptist Church, Fairhope, Alabama. Councilmember Quinn moved to approve minutes of the 27 December 2000, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously. City Attorney Marion E. Wynne arrived 6:03 p.m. A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Gentle introduced in writing Ordinance No. 1099. The Planning & Zoning Commission recommends approval of this ordinance. No one present was opposed to the amendment. An ordinance to zone Maclin Smith's property from R2-Single Family Residential to B-1 Local Shopping. The property is located at 399 North Section Street. Christopher Baker, Director of Planning and Building explained to the City Council that this proposal is not in conformance with the adopted Comprehensive Plan. The re -zoning of this property would allow it to be developed in a commercial manner. Any building that is proposed to take place on the lot must be sensitive to the gully. Detailed engineering plans will be required to ensure that the gully is preserved in its current state. There are 18" and 24" sewer lines that slice through one corner of the property. These lines go to the sewer plant. Mr. Smith is aware of these lines and the limitations that it may put on building expansion. After discussion, in order to take immediate action Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1099. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 08 January 2001 2602 A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Anders introduced the proposed ordinance. The Planning & Zoning Commission recommends the City Council to deny this ordinance. A ordinance to zone this property as a Planned Unit Development concurrent with annexation. The property is owned by Barry L. Booth, D.M.D., P.A. Employee Profit Sharing Plan, and the Estate of Pearly Ghaskin c/o Harold A. Hatch. This property is located on the North side of Parker Rd, West of U.S. Hwy 98 (4-lane). Christopher Baker, Director of Planning and Building explained to the City Council that Craig Dyas is requesting to annex this property into the City contingent on establishing a PUD. The property is approximately 20 acres and is located in the Montrose Zoning District as County R2A zoning (lot size min. of 20,000 sq. ft.). The property abuts office development on the East and South, and existing residential development to the West. Mr. Baker also explained the following issues associated with this request: The proposal is in conformance with the adopted comprehensive plan. The comprehensive plan calls for residential. The development proposal is for residential. The property is more dense on the eastern side of the development and progressively gets less dense and more akin to the existing residential development The more dense portion of the development will have primary vehicular access from the rear via Pearly Ghaskin Drive. All lots will have alley access except lots 40-47. There are two (2) main access points available to the development; Parker Road and Wild Oaks. Secondary access to the rear of lots 32-55 will also be provided. All streets are to be public. Proposed setbacks for the development are: Front: 15 ft; Rear: 20 ft from rear property line or from alley (whichever is more restrictive); Side 5 ft ; Side Street 15 ft. Drainage calculations and the needed certifications were provided with the plat that was approved previously by the Planning Commission. 08 January 2001 2603 • The developer has verbally agreed to provide a evergreen bush planted on 4 ft centers in the 5 ft buffer provided on the West side of the proposed alley that serves lots 1-9 and 48, 49. This would help to mitigate any impacts created by alley use. • Only Single Family uses and typical accessary uses will be permitted in this PUD • The developer is proposing a 40 ft building height. • 65% maximum lot coverage for all buildings is proposed. • The developer is aware that sidewalks are required during the construction of public improvements. Mr Baker also stated that the proposal calls for 63 lots with primary access from Parker Road. Craig Dyas, the potential owner of this property, gave a lengthy presentation. Mr. Dyas expressed that the lots in Trentino will be much like the lots in the nut and fruit district of Fairhope. The Trentino Subdivision will create a community. Mr. Dyas showed a layout of Trentino and stated that no vehicle traffic will go through Wild Oaks. After Mr. Dyas' presentation Mayor Kant allowed the public to speak in favor or opposed to the proposed ordinance. Several Montrose residents living in the surrounding area of the proposed Trentino Subdivision spoke in opposition of the development. Several other residents opposed to the development were recognized by a show of hands. After discussion by the City Council, Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. After a lengthy discussion, Councilmember Quinn moved to deny the request. The motion to deny died for lack of a second. Councilmember Gentle moved to send the request back to the Planning and Zoning Commission to look at the density, traffic, and water runoff. Seconded by Councilmember Christenberry. Councilmember Quinn expressed that the issues of density, traffic and water runoff were discussed by the P & Z Commission. The motion to send back to Planning and Zoning Commission passed by the following vote: AYE -Gentle, Ford, Kant, Anders, and Christenberry. NAY -Quinn. The Mayor took a brief recess for the audience to clear the Chambers. Councilmember Quinn request that the vote by the Planning and Zoning Commission be looked into. The records given to the City Clerk indicates three (3) Commissioners voted against the proposal, two (2) Commissioners voted in favor of the proposal, and three (3) Commissioners abstained from voting. 08 January 2001 2604 Councilmember Ford introduced in writing Ordinance No. 1100. An ordinance to control the unreasonable noise or vibration used by sound reproduction devices. Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Ford, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1100. Seconded by Councilmember Quinn motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1101. An ordinance to amend the Electric Deposit for all Industrial and Commercial users. Councilmember Ford moved to suspend the rules. Seconded by Councilmember Christenberry, motion to suspend the rules passed unanimously by the following votes AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn moved for final adoption of Ordinance No. 1101. Seconded by Councilmember Ford motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Quinn, motion passed unanimously. 08 January 2001 Resolution No. 734-01 2605 WHEREAS, the City of Fairhope owns and assists in the operation of the Fairhope Boys and Girls Club, which provides vital educational, recreational, and cultural activities to a large number of the area's low - and -moderate income youth; and, WHEREAS, the facility is in need of being enlarged to accommodate the number of youths participating in programs offered, as well as provide better facilities for the programs; and, WHEREAS, financial assistance is available through the Community Development Block Grant Community Enhancement Fund as administered by the Alabama Department of Economic and Community Affairs. NOW, THEREFORE, BE IT RESOLVED, by the City of Fairhope Governing Body, Fairhope, Alabama, as follows: Sectionl. That the City of Fairhope will make application to the Alabama Department of Economic and Community Affairs for a Community Development Block grant under the Community Enhancement Fund as provided for under the Housing and Community Development Act of 1974, as amended, for the amount of $342,000.00 for the purpose of constructing an addition to the Fairhope Boys & Girls Club building. Section 2. That the City of Fairhope agrees to pay the estimated local match portion of this project ($33,000.00) provided the funds are available. If the funds are not available, the Boys & Girls Club has committed to, at the request of the City, to pay the local match portion. Section 3. That Timothy M. Kant, in his capacity as Mayor, is hereby authorized and directed to take such actions as may be required to have the grant application submitted on behalf of the City of Fairhope including the execution of all required certifications and assurances. PASSED, ADOPTED AND APPROVED THIS 8TH DAY OF JANUARY , 2001, c � Attest: a t, (:Tim thy M. KMa r Geniece W. Johnson, City er Council reviewed an application for a Special Retail License (for Golf Courses only) by Tim Gressett, dba The Quail Creek Golf Course Snack Bar, located at 19841 Quail Creek Drive. Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. 08 January 2001 2606 Councilmember Gentle reported that the Speeding Program is working. Therefore stop signs are not needed all over the city. Councilmember Gentle requested that certain sections around the school on Greeno Road and County Road 13 be designated for school and local traffic only during 7:00 a.m. to 8:30 a.m. All other traffic should be re-routed. Sgt Steven Griffis stated that he will inform the Chief of Police of this request. Kim Smith Environmental Officer addressed the City Council requesting that in an effort to sustain the City landfill the City Council should consider charging the tree contractors for dumping debris into the City's landfill. The debris that is collected within the City limits is currently being dumped at no charge. The surrounding dumps are charging. Mayor Kant assigned this request to the Recycling Committee to research this request and report back to the City Council at the next regular meeting. Identification: "AIRPORT ROOF REPAIR" Bids to be opened on: January 4, 2001 at:10:00 a.m. Roof repairs at the Fairhope Airport, building # 1. KEMKO, INC. $89,281.00 120-Days Daphne, AL DIVERSIFIED COATINGS $120,000.00 No time given Daphne, AL CENTIMARK, INC. NO RESPONSE Pensacola, FL LRW ROOFING NO RESPONSE Flomaton, AL ALL SOUTH CONTRACTORS NO RESPONSE S anish Fort, AL THOMAS ROOFING NO RESPONSE Mobile, AL A BETTER ROOF, INC. NO RESPONSE Flomaton, AL KIKER CORP. KA�hil. Al NO RESPONSE Low bid received from KEMKO was for $89,281.00 which did not include a maintenance agreement. It is recommended to accept the bid from KEMKO INC., Daphne, AL for the total price of $94,481.00 which does include a 15-year optional maintenance agreement. All specifications have been met. Sue Mason, Clint Steadham, Airport Chairmen Assistant Purchasing Agent 08 January 2001 2607 Councilmember Ford moved to accept the low bid of KEMKO, Daphne, Alabama, provided all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Ford moved to pay bills as presented. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Quinn asked that the City Council consider rescheduling the regular Council meeting of February 26, 2001, due to the Madia Gras Parade. Gregory Burroughs announced that he was voted Fire Chief. This is Mr. Burroughs' fourth year. There being no further business to come before the City Council the meeting was duly adjourned at 7:48 p.m. im y M. nt, M yor FA N WX0 Geniece W. Johnson yity Clerk