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Home My WebLink About11-26-2001 Regular MeetingSTATE OF ALABAMA )( 2775 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, 26 November 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 Purchasing Agent, Wayne Smith, gave the invocation. Councilmember Gentle moved to approve minutes for the 13 November 2001, Regular Meeting and 19 November 2001, Special Meeting. Seconded by Councilmember Quinn, motion passed unanimously. Teko Wiseman with the Baldwin County Trail Blazers addressed the City Council inviting everyone to attend a kick off for the completion of the new Greeno Road Trail Project. This event will be held on the East side of Ruby Tuesday, on Saturday, 1 December 2001, at 9:00 a.m. Mayor Kant entertained a motion to make the final amendments to the proposed ordinance to rezone property owned by the Dyas Family. The Dyas family wishes to rezone their property from RI -Low Density Single Family Residential and R4-Low Density Multi Family Residential to Planned Unit Development (PUD). This property is located at the intersection of North Section Street and U.S. Hwy 98. The property is known as Village North, aka The Triangle. (Public Hearing Held 19 November 2001, and Ordinance amended) Councilmember Quinn noted that a pedestrian walk way should be installed between Section I and Section G, or in the most convenient place. Councilmember Anders noted that there should be 4 ft set backs from the sidewalk and the front of the porches. After a discussion on the interpretation of the City's Comprehensive Plan with regards to the square footage allowed for retail and business usage, Councilmember Anders moved to except a total of 100,000.00 sq. ft. for retail and business usage, and moved to have a market study performed. The market study will be paid one half by the City and one half by the developers. Councilmember Anders also moved for the following final amends: 26 November 2001 2776 ❑ Building 15 on the site plan may be a maximum of 36,000 sq. ft. with one tenant having no more than 18,000 sq. ft., and the remaining square footage may be divided for additional tenants. The square footage for the additional tenants shall not exceed 10,000 sq. ft. for each tenant. ❑ At least one tenant in Building 15 shall be a grocery store o Building 6 may have a maximum of 15,000 sq. ft. ❑ Building height 35 feet on parcels A and B measured from the average between the eave and the ridge from grade level of the building. ❑ Building height of 25 feet for building 5 and 16 measured from the finished floor to the average between the eave and ridge of the roof. ❑ Building height of 35' for all other buildings measured from the finished floor to the average between the eave and the ridge of the roof. ❑ Buffers as approved by Planning Commission for the entire 108 + or — acres may not be breached unless there is a landscape plan approved by the City Horticulturalist. ❑ Professional Office uses are the same as listed in the B4 zoning district. ❑ Uses approved by the Planning Commission stand except as amended below: ❑ Veterinary clinic with inside boarding only. ❑ Gas Station (no bays) not in building 5 or 16 ❑ Tavern with prepared food service ❑ Banks with drive thru limit of 2. Drive thru only permitted with bank. Drive thru must be located at most remote location from ROW. If bank in building 5 or 16 then drive thru located away from the central park. ❑ Install a pedestrian walkway between Section I and Section G, or the most convenient place. ❑ The detached residential homes shall have a 4 ft. set backs from the sidewalk and the front of the porches. Councilmember Anders' motion to final amend the proposed ordinance was seconded by Councilmember Quinn, motion passed by the following votes: AYE -Gentle, Quinn, Kant, and Anders. NAY -Ford and Christenberry. Councilmember Gentle moved for final adoption of the amended Ordinance No. 1136 (Village North - Dyas Family). Seconded by Councilmember Anders. The motion to final adopt amended Ordinance No. 1136 passed by the following votes: AYE - Gentle, Quinn, Kant, and Anders. NAY -Ford and Christenberry. 26 November 2001 2777 Councilmember Anders exited the Council Chambers at 6:10 p.m., and returned at 6:11 p.m. Councilmember Quinn moved to final adopt Ordinance No. 1137. An ordinance to amend Zoning Ordinance 557. An Ordinance to re -zone Dr. Barry Booth's property from R1-Low Density Single Family Residential to B4-Business and Professional Offices. The property is located on the North West side of U.S. 98 and Parker Road. (Public Hearing held Sept. 24, 2001 and was tabled) (Un-tabled on 13 November and held over until courtesy notices were sent to surrounding property owners.) Seconded by Councilmember Gentle, motion for final adoption of Ordinance No. 1137 passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, and Anders. NAY-Christenberry. Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Christenberry, motion passed unanimously. RESOLUTION NO. 799-01 WHEREAS, a contract shall be executed between the City of Fairhope and the Boys' and Girls' Club of Fairhope, making an appropriation of $30,000.00. WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2001 and ending 30 September 2002; but the contract shall be cancelled at any time upon notice. WHEREAS, payment shall be made quarterly in the amount of $2,5000 from the three Utility Funds of the City of Fairhope. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to sign a contract between the City of Fairhope and the Boys' and Girls' Club of Fairhope. DULY ADOPTED THIS 161h DAY OF November , 2001. (Timo y M. K t, Ma or Attest Geniece . Johnson, City C r 26 November 2001 2778 Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. RESOLUTION NO. 800-01 WHEREAS, The City of Fairhope operates within the state laws and city ordinances an animal control program and provides shelter to animals on a temporary basis at a facility located on Section Street in Fairhope, Alabama; and; WHEREAS, The Haven is organized and operated for charitable, educational, and scientific purposes within the meaning of paragraph 501(c)(3) of the Internal Revenue Code for purposes listed within the contractual agreement; and, WHEREAS, The City of Fairhope has a need for assistance in staffing and operating the Animal Control Center; and, WHEREAS, The Haven has a need for a facility in which to house homeless and unwanted animals, the parties covenant and agree as to the terms of a contractual agreement. THEREFORE, it is the intent of the contractual agreement to partner the efforts, objectives, resources and manpower of the City of Fairhope, and The Haven to better fulfill the needs of homeless and unwanted animals. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor Timothy M. Kant, is hereby authorized to execute a contractual agreement between the City of Fairhope and The Haven to better fulfill the needs of homeless and unwanted animals. The term of this contractual agreement shall be for 5 years, beginning January 1, 2002, and ending December 31, 2007. DULY ADOPTED THIS 26`h Attest Geniece W. Johnson, y Clerk _DAY OF November , 2001. c Ti thy M. ant, ayor 26 November 2001 2779 Councilmember Gentle moved to authorize Mayor Kant to write a letter to the U.S. Army Corps of Engineers and State of Alabama Department of Environmental Management in opposition to the proposal to fill 10.47 acres of wetlands in conjunction with the development of a residential subdivision, in Fairhope, Alabama, Baldwin County. (Public Notice No. ALO1-03289-B). Seconded by Councilmember Anders, motion passed unanimously. Councilmember Ford moved to authorize the rebuilding of the Electric Department's Bucket Truck (Model 5FA-48, S/N 1199218523) at approximately $12,000.00. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Christenberry moved to reschedule the December 24th regular City Council meeting to Thursday, 27 December 2001. This meeting is being rescheduled due to Christmas Holidays. Seconded by Councilmember Anders, motion passed unanimously. Identification: POLES-VOLANTA RECREATION PARK Bids open on: Nov. 13, 2001 at: 11:00 a.m. Eighteen (18) Concrete Poles — Volanta Recreation Park BID SENT TO: TOTAL PRICE: DELIVERY.• BALDWIN LIGHTING, INC., Bay Minette, AL $19,393.00 21-Days HUGHES ELECTRICAL SUPPLY, Dothan, AL $37,065.00 8-10 Weeks It is recommended to accept the low bid of BALDWIN LIGHTING, INC., Bay Minette, AL for the total price of $19,393.00 with all specifications being met. Aaron Norris, Electrical Supt. Richard Hice, Wayne Smith, Comptroller Purchasing Agent We could only find two vendors that carried the Concrete Poles, which were specked out for the Volanta Street Park. Reason for such diverse pricing was because Hughes Electrical Supply had to have poles made at another location out of state. Cost of handling items along with freight increased cost. Councilmember Gentle moved to accept the low bid of Baldwin Lighting, Inc., Bay Minette, Alabama, provided all specifications are met. Seconded by Councilmember Ford, motion passed unanimously. Meeting was duly adjourned at 7:31 p.m. Geniece W. Johnson 1ty Jerk GTDc ithy M. Kant, Mayor