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HomeMy WebLinkAbout04-09-2001 Regular Meeting2656 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, 09 April 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. Langdon Garrison, Retired Pastor of Fairhope United Methodist Church. Councilmember Quinn so moved to approve minutes of the 26 March 2001, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. 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. 1115. The Planning & Zoning Commission recommends approval of this ordinance. An ordinance to zone Barry Booth, D.M.D., P.A. Employee Profit Sharing Plan, and the estate of Pearly Ghaskin c/o Harold A. Hatch property to a Planned Unit Development concurrent with Annexation. The property is located on the North side of Parker Rd, West of U.S. Hwy 98 (Trentino Subdivision). Mayor Kant asked Mr. Craig Dyas to give a brief overview of any changes to the proposed Trentino Subdivision since the last public hearing (08 January 2001). Mr. Christopher Baker briefly reviewed the following written overview and staff recommendations: As you are aware, this case has been previously considered by the City Council. On 8 January 2001 the City Council considered this case. At that meeting the Council remanded it back to the Planning Commission for further consideration. As you may recall, there was much discussion regarding density and traffic. At the 8 January meeting the development proposal contained 63 lots. At the 5 February Planning Commission meeting the development proposal contained 61 lots. The development proposal now before the Council contains 56 lots. This request is to annex the property into the City contingent on establishing a PUD. The property is approximately 20 acres. The property is located in the County. The property abuts office development on the east and south; and existing residential development to the west and south. The issues associated with this request are as follows: 1) Comprehensive Plan: The proposal is in conformance with the adopted Comprehensive Plan. 2657 09 April 2001 2) Development Plan: The developer has revised the plan to further reduce density. The developer is proposing 56 lots. This equates to 2.78 units per acre. Green space and common areas total 4.4 acres. 3) Density Gradient: 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. 4) Access: There are no alleys behind lots 1-8; 37-42, and 53-56. At the previous Planning Commission the alley that abuts Sibley Sq. and Wild Oaks was required to be removed. This took away much negative impact to existing and adjoining residential lots. 5) Setbacks: Proposed setbacks for the development are: Front: 15' ; Rear: 20' from rear property line or from alley (whichever is more restrictive); Side 5' ; Side Street 15'. 6) Drainage: Drainage calculations and the needed certifications were provided with the plat that was approved previously by the Planning Commission. Additionally, there was some concern regarding drainage to Parker Rd. There is a note on the site plan that addresses this issue. 7) Uses: Only single family uses and typical accessory uses will be permitted in this PUD. 8) Building Height: At the Planning Commission meeting the building height maximum was approved at 30' 9) Lot Coverage: 65% maximum lot coverage is proposed. 10) Sidewalks: The developer is aware that 5' sidewalks are required during the construction of public improvements. 11) Traffic Light: As per the Council's request at a previous meeting — the City has sent to ALDOT a request for a traffic light at Parker Rd. and US Hwy 98. As of 30 March 2001 no reply has been received. STAFF RECOMMENDATION: Based on a planning perspective the development proposal does a good job providing a density gradient. The development also is providing usable Green space. The use of alleys and detached garages will reduce the dominance of the automobile and make the development more human scale. Sidewalks should be constructed on both sides of the street during the time the public improvements are installed. Additionally, every effort should be made during construction to not allow erosion into Fly Creek. These efforts should include, silt fences, construction entrances, check dams, hydro -mulching, sediment basins and any other effort deemed appropriate by the Planning and Building Dept. during construction. The Planning Commission recommended approval. Staff recommends approval with the conditions above. Mayor Kant then 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. By a show of hands several attending the public hearing were in opposition of the development. 2658 09 April 2001 The City Council was given an opportunity to ask question of Mr. Dyas, and Mr. Baker. After discussion by the City Council, Councilmember Anders moved to suspend the rules. Seconded by Councilmember Quinn, motion to suspend the rules, in order to take immediate action passed, unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1115. Seconded by Councilmember Anders. The City Council made the following amends to the proposed ordinance: • Reduce lots from 56 to 49 lots • There shall be no access through Wild Oaks • Remove the alleys behind lots 1-8, 37-42, and 53-56 • Silk fence shall be buried one foot deep, along with hay and rocks • No water will be allowed to flow to Parker Road. Detention shall be required. • There shall be a park area, and walk area along the creek, and other nice amenities. • install rain gages • Monthly reports will be made in addition to an annual report to ADEM to detect any debris in the creek • Single family residential lots only • Boring must be conducted to be sure no hazards or contaminated materials are on this site. This was a unregulated dump at one time. • Turbidity test must be preformed • 65% maximum lot coverage. This includes primary building plus accessory buildings. After an overview of the amends to the proposed ordinance Councilmember Quinn called for a vote. The motion for final adoption passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, and Anders. NAY-Christenberry. The Mayor took a brief recess for the audience to clear the Chambers. A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Quinn introduced in writing Ordinance No. 1116. The Planning & Zoning Commission recommends approval of this ordinance. An ordinance to approve a Site Plan for the commercial uses permitted for the commercial property as outlined in the Rock Creek PUD. Mr. Joe Bullard with Engineering Development Services LLC, and Mr. Christopher Baker, Director of Planning & Building addressed the City Council and gave an overview of the items discussed at the work session on 26 March 2001. 2659 09 April 2001 Mayor Kant allowed the persons present to speak in favor or opposed to the Site Plan proposal for Rock Creek Subdivision. Ms. Cathy Slagle, a resident of Rock Creek Subdivision, asked that the record show that the Home Owners Association did not think Rock Creek Parkway should be used for this new development. Ms. Slagle further stated that no development should take place until a second entrance was in place. Mr. Bob Foster, a resident of Rock Creek Subdivision, expressed that the current acceleration lane may not be the best, but having the current acceleration lane is better than not having the lane. The City Council was allowed to ask questions of the developers, Engineer, and of the Director of Planning & Building, Mr. Baker. 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 votes: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1116. Seconded by Councilmember Anders. The City Council made the following amends to the proposed ordinance: • Development of the first building must tie in with the development of South Drive. • Take out the North entrance, if the acceleration lane remains in, but the property for the North entrance will be reserved. The rear of the building must look like the front of the building • The impervious landscaping must be continuous, and approved by the City Horticulturist. • The Highway Department will make the final decision on the access lanes. • At the request of Councilmember Ford, Mr. Baker's letter regarding Rock Creek Commercial Site Plan Consensus Items shall be added as an amendment to the proposed ordinance. Mr. Baker's letter regarding Rock Creek Commercial Site Plan Consensus Items Next page 2660 09 April 2001 8 March 2001 Councilman Bob Gentle City of Fairhope RE: Rock Creek Commercial Site Plan Consensus Items Mr. Gentle: As you are aware the Street Committee held a special workshop on 7 March 2001 to discuss the proposed site plan for the Rock Creek Commercial Lot 177C. No formal action was taken, as this was merely a workshop to build consensus and communication. Any formal approval or denial of the site plan MUST take place at a public hearing AFTER the required public notice is given. The items below represent the consensus as a result of the meeting. They mirror my statements at the close of the meeting, so that all persons attending had an opportunity to understand what was agreed to. The items are in no particular order of importance. 1. Number of Lots — Buildings: The number of lots and buildings is not significant. The total square footage any and all buildings on lot 177C shall be no more than 44,000 square feet and measured by the building(s) footprint. Porches do not count against the 44,000 sq. ft. number. 2. Parking: 1 row of parking between the building(s) and the 4 Lane is acceptable. It shall be consistent with the parking shown on the site plan submitted on 21 February 2001. 3. Lighting: All parking lot lights shall be a maximum of 20' tall from the ground to the top of the fixture. Lighting shall be recessed in a box and shall have 72.5 angle sharp cut-off design or greater. 4. Landscaping: Impervious landscaping shall be provided along the entire frontage of the 4 Lane and Rock Creek Parkway. This landscaping shall be installed all at the same time. The landscape plan shall be approved by Jennifer Fidler, City Horticulturist. Buildings on the interior shall submit a landscape plan at the time of building permits and shall be approved by Jennifer Fidler as well. All mechanical equipment shall be screened. 5. Signage: No signage is permitted on the 4 Lane side of the buildings 1,2, and 3 as shown on the 21 February 2001 site plan. Buildings 1,2, and 3 may have up to a 3 sq. ft. sign per tenant for identification purposes in the development. Buildings 3 and 4 as shown on the 21 February 2001 site plan may have non -illuminated raised letters facing Rock Creek Parkway. The size of these signs shall be half of the building width up to a max of 50 sq. ft. Signage for all other buildings shall conform to City of Fairhope sign ordinance. One "type A" as submitted with the 21 February information shall be permitted on your property at the northern ingress/ egress to the 4-Lane. 2661 09 April 2001 One "type A" as submitted with the 21 February information shall be permitted on your property at the ingress/ egress from Rock Creek Parkway as shown on the 21 February site plan. One tenant panel shall be allowed in the interior of the development. 6. Access: A cut for ingress and egress to the 4-Lane at the northern property line is permitted. Access to Rock Creek Parkway shall be as shown on the 21 February site plan. The median just to the west of the proposed Parkway access shall be modified to allow for a left turn lane. 7. Pedestrian Access: A 10' wide non -vehicular access easement shall be provided to the property zoned R3PGH to the north of lot 177C. This letter is being faxed to all of the participants who cared to leave their fax number on the sign in sheet. As stated above, this issue must be given public notice before the Council can take action. According to Geniece Johnson, City Clerk, this item would be eligible for the 9 April 2001 Council meeting if the revised site plan and materials are submitted to the Planning Department by 12 March 2001. I hope this answers all of your questions. Should you have any further questions or need any more information, please feel free to contact me. Respectfully, Christopher D. Baker Director of Planning and Building After a discussion, with Mr. Reed, a real estate developer involved in this project, Councilmember Gentle withdrew his amendment to tie the development of the first building in with the development of South Drive. Councilmember Ford and Councilmember Anders requested that a good faith date be set for the development of South Drive. Mr. Tanner stated that South Drive could be complete in 90 days. It was later decided that the details on the development of South Drive will be ironed out at a later date by Mayor Kant, Christopher Baker, and Mr. Trae Corte. After further discussion, the motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY - none. The Mayor took a brief recess for the audience to clear the Chambers. 2662 09 April 2001 Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. Resolution No. 754-01 WHEREAS, the City of Fairhope, Alabama desires to initiate condemnation proceedings for the purposes of a public right-of-way , and; WHEREAS, the property being considered for condemnation is described as follows: Commence at the Northeast corner of lot 256, Rock Creek, Phase 3 as recorded on Slide 1481-A, Probate Records, Baldwin County, Alabama for the POINT OF BEGINNING; Run thence North 89 degrees 59 minutes 59 seconds West along the North line of said lot 256 for 92.77 feet; Run thence in a Northeasterly direction along a curve to the left having a radius of 50.00 feet for an arc distance of 88.61 feet for a chord North 39 degrees 13 minutes 54 seconds East for 77.46 feet; Run thence South 89 degrees 59 minutes 59 seconds East for 45.62 feet; Thence South 01 degrees 45 minutes 30 seconds West for 60.03 feet to the Northeast corner of said lot 256, Phase 3 of Rock Creek and the POINT OF BEGINNING. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that: Mr. Marion E. "Tut" Wynne is hereby authorized in his capacity as City Attorney to initiate condemnation proceedings on behalf of the City of Fairhope, Alabama. Adopted, this 09`h day of April , 2001 VV QTim thy M. ant, ayor I W'4r11017WVZj"0fflj�1 'Clerk 2663 09 April 2001 Mayor Asked to turn over to the Airport Board and the Finance Committee the request to authorize Teledyne Continental Motors to pay $3,500.00 per month instead of paying the current lease amount of $7,000.00 per month. This payment change will be effective with the April payment. Councilmember Ford moved to grant the Mayor's request. Seconded by Councilmember Gentle, motion passed unanimously. Council reviewed an application for a Restaurant Liquor License by Christopher S. Cowan, dba Battles Wharf Bistro, located at 19344 Scenic Highway 98, Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle moved to grant Mr. Tim Simmonds' and Mike Dobson's request to block George Street between Fels Avenue and Gaston Avenue, on Saturday, May 26`h between the hours of 12:00 p.m. and 5:00 p.m. The closure is for a birthday party. Seconded by Councilmember Anders, motion passed unanimously. Mr. Susan R. Davis addressed the City Council requesting permission to put up two tents on the sidewalk in front of their store, located at 29 North Section Street, on Thursday, May 17`h. The Newsstand is hosting an "After Hour Party" from 5:00 p.m. to 7:00 p.m. For the Eastern Shore Chamber of Commerce. Councilmember Ford moved to grant the request. The parking spaces in front of The Newsstand may also be used. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle, Chairman of the Street Committee, addressed the City Council reporting that he and his committee recommends the following for Mr. Robert Cunningham & Mrs. Susan Cunningham's request for speed bumps on Masonic Drive: • Not putting speed bumps on Masonic Drive • Re -posting a 10 MPH sign • Posting one way directional signs • Placing a stop sign at the end of the drive • Have the Police Department to patrol the area more. Councilmember Gentle, Chairman of the Street Committee, addressed the City Council reporting that he and his committee recommends the following for Rolling Oaks, Bishop Road, and Dyar Road area: Placing a yield sign on Dyar Road. One 5-year term appointment to the Library Board. Councilmember Quinn moved to nominate Jim Gilbert. Seconded by Councilmember Anders, motion passed unanimously. 2664 09 April 2001 Identification: GOLF MANAGEMENT PROGRAM Bids to be opened on: April 5. 2001 at: 2:00 p.m. Computer System for Quail Creek Golf Course VENDOR: TOTAL PRICE: DELIVERY: INTEGRATED BUSINESS SYSTEMS, INC. On Site Training: $5,112.50 Richmond, VA Price of Software: $8,440.00 8-12 Weeks Price of Equip: $16,335.70 TOTAL PRICE: $29,888.20 LINKSOURCE CORP. On Site Training: $3,000.00 Scottsdale, AZ Price of Software: $10,199.95 6-7 Weeks Price of Equip: $15,018.00 TOTAL PRICE: $28,217.95 CRESCENT SYSTEMS On Site Training: $2,600.00 Libertyville, ILL Price of Software: $13,400.00 No date given Price of Equip: $11,354.00 TOTAL PRICE: $27,354.00 MTE COMPUTER SYSTEMS, INC. NO RESPONSE Nashville, TN CLUB SYSTEMS GROUP NO RESPONSE Fairport, NY COMPUTER GOLF SOFTWARE NO RESPONSE Boca Raton, FL It is recommended to accept the bid of INTEGRATED BUSINESS SYSTEMS, INC., Richmond, VA, with all specifications being met. Tim Gressett, Wayne Smith, Pro, Quail Creek Golf Course Purchasing Agent Councilmember Anders moved to accept the low bid of Integrated Business Systems, Inc, Richmond, VA, provided all specifications are met. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Ford announced that in conjunction with Earth Day 2001, there will also be Electronic Amnesty Day on Sunday, April 22, 2001 from 12:00 p.m. to 5:00 p.m. Councilmember Ford also stated that Electronic Amnesty Day will take place in an effort to keep computers and TVs out of our area landfills. Computer components and TVs can contain lead, mercury and other elements that can be toxic to ground water and soil, if land filled. The following items will be accepted (10 items per person/business): Computer monitors, CPV, Computer key broads and TVs will be accepted. This event is sponsored by the City of Fairhope, Jack's Recycling and the Alabama Environmental Council open to all Baldwin Council Residents and small business. There being no further business to come before the City Council the meeting was duly adjourned at 7:15 p.m. imo y M. Ka t, May Geniece W. Johnson, C' lerk 2665 STATE OF ALABAMA X COUNTY OF BALDWIN X 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, 23 April 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 Mr. Wayne Smith, Purchasing Agent. Councilmember Anders moved to approve minutes of the 09 April 2001, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle introduced in writing Ordinance No. 1117. An ordinance annexing Jeanna K. McGriff's property, located in Montrose, Montrose, Alabama, .69 acres, more or less. In order to take immediate action Councilmember Gentle 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, Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1117. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1118. An ordinance annexing Sonny and Diana Brewer's property, located at 93900 Mosely Road, Fairhope, Alabama, 1.948 acres, more or less. In order to take immediate action Councilmember Gentle moved to suspend the rules. Seconded by Councilmember Christenberry, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1118. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. Councilmember Ford introduced in writing Ordinance No. 1119. An ordinance annexing Battles Landing Company's property, located in Point Clear, Alabama, 67 acres, more or less. In order to take immediate action Councilmember Anders moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1119. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. 2666 23 April 2001 Councilmember Quinn introduced in writing Ordinance No. 1120. An ordinance annexing the following lots of Point Clear Court: Lots 1,2,3, 4,5, 7, 9, 10, 11, 12, 13, 14, 15, & 16, located in Point Clear, Alabama. In order to take immediate action Councilmember Anders moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1120. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, Christenberry. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1121. An ordinance Authorizing Special Gas Rate Classification. Councilmember Ford moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders moved for final adoption of Ordinance No. 1121. Seconded by Councilmember Gentle motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1122. An ordinance Amending Ordinance No. 953 and Repealing Ordinance No. 1061, Water/Sewer Rates. Councilmember Anders moved to suspend the rules. Seconded by Councilmember Gentle, 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. 1122. Seconded by Councilmember Anders 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 Anders, motion passed unanimously. 23 April 2001 RESOLUTION NO. 755-01 2667 WHEREAS, on March 14, 2001, a 2 1/2 year old 10 MVA transformer at Fairhope Avenue Substation blew out for no apparent reason; and, WHEREAS, the summer months are approaching, and this transformer needed to be replaced as soon as possible; and, WHEREAS, the City Council has approved an emergency purchase of a used unit at the cost of $65,500.00, and approved to have the City's old unit tested and rebuilt for a backup unit; (March 26, 2001Council Meeting). This unit did not fit the needs of the City's substation. WHEREAS, the Electric Superintendent is requesting to lease an 8,400/10,500 MVA, 44/12 KV non -LTC transformer from Alabama Power Company, for a limited time; and, WHEREAS, The lease cost for the transformer will be $1,562.13 per month. Alabama Power can deliver the transformer and bill the City of Fairhope for the actual charges associated with delivering the transformer. BE IT RESOLVED THAT THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA is hereby authorizing Mayor Timothy M. Kant to execute a Lease Agreement between the City of Fairhope and Alabama Power company for the lease of a transformer for an limited time. ADOPTED THIS 23 rd OF APRIL , 2001. c V_ - kl__� Tim by M. t, Njayor aniecttest: e W. J ohnson,ohnson, City Cl I, Geniece W. Johnson, duly appointed City Clerk -Treasurer of the City of Fairhope, Alabama, do hereby certify that the above Resolution No. 755-01 is a true and correct copy of a Resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 23rd day of April, 2001. Geniece W. Johnson, City Clerk -Treasurer Date 2668 23 April 2001 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Christenberry, motion passed unanimously. Resolution No. 756-01 WHEREAS, the Owners of Colony Place Phase II desire to have all public streets and rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama found on Slides 2040-F and 2041-A and all public utilities located in easements and in right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the Building Inspector of the City has indicated that the public improvements have been constructed to City standards, 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 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 Colony Place Phase II a maintenance bond for the public improvements constructed for a period of two years from the date of the approval of this Resolution. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the public improvements for Colony Place Phase II are hereby accepted for public maintenance subject to the bond posted. Adopted, this 23rd day of April , 2001 V" e-a.. Tim by M. ant, Mayor Attest: Geniece W. Johnson, Gffy Clerk 2669 23 April 2001 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution. Mayor Kant pointed out that in years past property owners could divide their property without going before the Planning and Zoning Commission. However, with the passing of this resolution it will be required that property owners go before the Planning and Zoning Commission before dividing any property within the corporate limits of Fairhope. The dividing of property will not have to go before the City Council. Seconded by Councilmember Anders, motion passed unanimously. Resolution No. 757-01 WHEREAS, City of Fairhope for a number of years has chosen to honor the Attorney General's Opinions regarding subdivisions; and WHEREAS, the City has come to the conclusion that the Attorney General's opinions are often abused and used as a tool to circumvent City requirements; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that: 1. The Planning and Building Department shall not accept or honor divisions of property under the Attorney General's Opinion regarding subdivisions on property that are either: a. Located within the corporate limits of the City of Fairhope; and/ or b. Zoned by either the City of Fairhope or Baldwin County. Adopted, this 23rd day of April , 2001 imo y M. nt, r4yor Attest: Geniece W. Johnson, ity Clerk 2670 23 April 2001 Councilmember Gentle moved to layover until the next regular City Council meeting the discussion to authorize Mayor Kant to commit in writing that the City of Fairhope will fund 50% (fifty percent) of the installation cost and furnish electricity and maintenance on a continuous basis. This commitment must be forwarded to the Alabama Department of Transportation before a study can be performed for a possible traffic signal installation at the following intersections: U.S. Highway 98 at Parker Road, U.S. Highway 98 at Rock Creek Parkway, and .U.S. Highway 98 at Greeno Road (Triangle) - Resolution. Councilmember Gentle stated that this will give the City Council an opportunity to look at funding to see if the City could afford this project, to have at least one light installed. Seconded by Councilmember Anders, motion passed unanimously. Council reviewed an application for a Restaurant Liquor License by Tamara G. Wintzell, dba Point Clear Pub, located at 19452 Scenic Hwy 98, Fairhope, Alabama Councilmember Anders moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. Council reviewed an application for a Beer/Wine Off Premises License by Steve Kluchin, dba Winn Dixie of New Orleans, Inc., located at 187 Baldwin Square, Fairhope, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Anders moved to grant the request of the Eastern Shore Art Center to use the streets for their Annual Outdoor Art Show, on March 15, 16, and 17, 2002. Seconded by Councilmember Gentle, motion passed unanimously. Ms. Vanessa Giles addressed the City Council requesting a speed bump on Northrup Street. Ms. Giles stated that a child lost its life in 1980, due to speeding on this street. Mayor Kant assigned Ms. Giles' request to the Street Committee to report back to the City Council at the next regular City Council meeting. Councilmember Gentle is the Chairperson of the Street Committee. One 6-year term appointment to the Industrial Board, replacing Byron Calhoun (Retired). Mayor Kant nominated Charles Bassett. Councilmember Gentle moved to appoint Mr. Bassett. Seconded by Councilmember Anders, motion passed unanimously. One 6-year term appointment to the Planning & Zoning Commission, to fill a vacancy. Mayor Kant nominated Jean Wilson. Councilmember Anders moved to appoint Ms. Wilson. Seconded by Councilmember Christenberry, motion to appoint Ms. Wilson passed by the following vote: AYE -Gentle, Ford, Kant, Anders, and Christenberry. NAY -none, ABSTAIN -Quinn. 2671 23 April 2001 Identification: AIR COMPRESSOR -FIRE DEPT. Bids to be opened on: March 14, 2001 at: 11:00 p.m. VENDOR: TOTAL PRICE: DELIVERY.• SUNBELT FIRE APPARATUS $35,295.52 Fairhope, AL Bauer Compressor #UNII 25H-E3 70-84 Days ALTERNATE BID: Filling Station Unit $7,480.93 NAFECO, INC. Decatur, AL NO BID BAUER COMPRESSORS Norfolk, VA NO RESPONSE STURDY EQUIPMENT Cleveland, TX NO RESPONSE It is recommended to accept the bid of SUNBELT FIRE APPARATUS, Fairhope, Alabama with all specifications being met. Greg Burroughs, Wayne Smith, Fire Chief Purchasing Agent Councilmember Ford moved to accept the low bid of Sunbelt Fire Apparatus, Fairhope, Alabama, provided all specifications are met. Seconded by Councilmember Gentle, motion passed unanimously. Fire Chief Greg Burroughs announced that the Volunteer Fire Department will hold a BBQ Dinner Fundraiser on May 19`h at Thompson Hall Fire Station. The money raised from the BBQ dinners will go toward the purchase of a Thermal Energy Camera. The cost of the camera is $18,500.00. Councilmember Quinn announced that the Historical Home Tour will take place Sunday, April 291h. There being no further business to come before the City Council the meeting was duly adjourned at 6:10 p.m. f imot M. Ka t, MayAr Geniece W. Johnson, City erk