HomeMy WebLinkAbout03-14-2002 Regular Meeting2847
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, 14 March 2002.
Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle,
Michael A. Ford, Debbie W. Quinn, and Cecil Christenberry; City Attorney Marion
E. Wynne, and City Clerk Geniece W. Johnson. Councilmember Pauline Anders was
absent.
There being a quorum present, Mayor Kant called the meeting to order. The
Pledge of Allegiance was recited, and Pastor Mark Wilson, pastor of St. James
Episcopal Church, gave the invocation. Councilmember Gentle moved to approve
minutes of the 25 February 2002, regular meeting. Seconded by Councilmember
Quinn, motion passed unanimously.
Kathie H. Barton with American Red Cross addressed the City Council and
gave a brief update on the services and activities of the Alabama Gulf Coast Chapter.
Ms. Barton also informed the public that the month of March is Red Cross Month,
and expressed appreciation for the City of Fairhope's support of Red Cross.
A Public Hearing was held as advertised on a proposed ordinance to amend
Zoning Ordinance No. 557. Councilmember Ford introduced in writing a proposed
ordinance to rezone property owned by AmSouth Bank, Hilda Jones, Ed Carter Jr., et
al, Audie and Margaret Waters, Claude Andrews, Aileen Andrews and James W. and
Mitzi Morgan from R1-Density Single Family Residential, R3-High Density Single
Family, and R4-Multi Family to Planned Unit Development to allow Business and
Professional Offices. These properties are located on the East side of U.S. Highway
98, North of Edwards Avenue and South of Gayfer Avenue. (Craig Dyas is the
representative of the Greeno Road property owners). The Planning & Zoning
Commission recommended approval of this ordinance with a seven to two vote in
favor of rezoning this property with conditions.
Mayor Kant called on Christopher Baker, Planning and Building Official, to
give a report on this proposal. Mr. Baker reported that this property is approximately
1200 feet long and 200 feet deep. The parcel contains approximately 7 acres.
The property is surrounded by residential zoning. To the North is a PUD for
Arbor Gates Apartments, to the South is a PUD for Homestead, to the East is R3 at
Rosa Acres, and to the West is R1 Single Family.
2848
14 March 2002
Mr. Dyas is proposing to change the zoning from the residential use to a PUD
to allow for Business and Professional Offices. Mr. Dyas is proposing 7 office
buildings that contain a combined total of 46,000 sq. ft. of office space. The
proposed buildings range in size from 3500 to 8000 sq. ft.
The development proposal is as follows:
Setbacks: Front 35
Rear 40
Interior 10 (Driveway side 15)
Street side 20
Access: Via an alley running North and South from Gayfer Avenue to Edwards
Avenue. There is one right in right out in the center of the property.
Buffer: 20 feet impervious buffer in the rear with a fence and landscaping approved
by the City Horticulturalist. All drainage is in the rear.
Uses: The developer is proposing B4 uses as provided for in the Zoning Ordinance.
This is office type uses.
Building Height: 35 feet as defined by the Zoning Ordinance.
Landscape and Sign: The developer has committed to meeting the City's landscaping
and sign requirements.
Refuse: The developer has not indicated the placement of these locations. However
the developer has committed to ensuring that they are not a nuisance with adjacent
properties (i.e. screening and landscaping).
The Planning Commission considered the request at the February meeting. The
Commission held the public hearing and recommended approval.
The Planning Commission's motion of approval was as follows:
1. Parking — must be constructed as on the site plan.
2. Signs — meet the requirements of the sign ordinance
3. Building Height— maximum of 35 feet as defined by the Zoning
Ordinance
4. Lighting — low lighting that shall not spill over to the neighborhood
5. Fencing — 8 feet fence required at the East property line
6. Site Plan Approval — each building must have site plan approved by the
Planning Commission and the City Council before permits can be issued.
7. Residential — residential may be constructed upstairs of the proposed
buildings.
8. Uses, access, and buffer were accepted as proposed above.
2849
14 March 2002
Mayor Kant called on Craig Dyas, the representative/developer, to address the
City Council regarding said proposal. Mr. Dyas thanked Mayor Kant and
Councilmember Anders for their voting in favor of the rezoning of this property
during the Planning & Zoning Commission meeting. Mr. Dyas expressed that he felt
that this proposal would be the proper usage for this property, and felt that this is
what the City has asked for.
Mayor Kant called the public hearing opened. The following persons
addressed the City Council expressing that they were in favor of the proposal and
urged the City Council to accept this proposal:
• Dori Hughs - lives two miles from the proposed PUD
• Vince Valintim - owner of property on Greeno Road,
• Audie Waters - resident of 212 North Greeno Road,
• Ms. Aileen Andrews - resident of 208 North Greeno Road,
• Mr. V. H. Bodden - resident of 860 Edwards Avenue.
No one present was in opposition of this proposal.
Mayor Kant expressed that out of respect he would like for all the
Councilmembers to be present before voting on this proposal. Mayor Kant requested
tabling this proposal at this time. Councilmember Anders was absent and
Councilmember Quinn will be absent doing the March 25th City Council meeting.
Councilmember Quinn questioned if Mr. Dyas would be responsible for
developing this property. Mr. Dyas stated that others would build the structures, but
Mr. Dyas and his partner would retain architectural and regulations control.
Mr. Baker stated that this is a difficult case, and stated that emotions needed to
be kept out of the decision making process. Mr. Baker further stated that if these
properties are rezoned where would the stripping out of Greeno Road stop.
After further discussion, Councilmember Christenberry stated that he was
afraid of voting on this proposal tonight for the emotions of the property owners
along Greeno Road may to taken out. Councilmember Christenberry moved to table
this request until April 8, 2002, at which time all Councilmembers should be present.
Seconded by Councilmember Gentle, the motion to table this request passed
unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, and
Christenberry. NAY -none.
Councilmember Christenberry introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember Ford, motion
passed unanimously.
14 March 2002
RESOLUTION NO.819-02
2850
MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM
ATTACHMENT 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, that Timothy M. Kant, is hereby authorized
to inform the Department of Environmental Management that the
following actions were taken by the City Council of the City of
Fairhope, Alabama.
1. Reviewed the MWPP Annual Report which is attached
to the resolution.
2. Set forth the following actions and schedule necessary
to maintain effluent requirement contained in the
NPDES Permit, and to prevent the bypass and overflow
of raw sewage within the collection system or at the
treatment plant:
No action was required to be taken by the City of Fairhope
Passed this 141h Day of March , 2002 by an unanimous vote
� In.•
Tim thy M. Kant, Mayor
Attest:
Geniece W. Johnso i Clerk
I, Geniece W. Johnson, City Clerk of the City of Fairhope, Alabama, do hereby
certify that this is a true and correct copy of Resolution No. 819-02 passed and
approved by the City Council of the City of Fairhope, Alabama, on the 14th day of
March, 2002.
Geniece W. Johnson, City Clerk Date
2851
14 March 2002
Councilmember Gentle introduced in writing, and moved for the adoption of
the following resolution. Seconded by Councilmember Ford, motion passed
unanimously.
RESOLUTION NO. 820-02
WHEREAS, The construction on U.S. Highway 98 and Main Street in Daphne,
Alabama, Baldwin County, may necessitate the adjustment of the City of Fairhope
Groundbed/Rectifier; and, (Project No. STPOA-465(522)
WHEREAS, The Alabama Department of Transportation will reimburse the City of
Fairhope for the relocation of the rectifier system, according to law; and,
WHEREAS, The City of Fairhope is authorized to begin Phase I, concept design, of
the plan preparation process as required in Section 4.3.3 of the Alabama Department
of Transportation Utility Manual dated October 1995; and,
WHEREAS, After the completion of Phase I the City of Fairhope is hereby
authorized to proceed with Phase II, and updated plans will be forwarded for the final
plan preparation to the Alabama Department of Transportation.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Corrosion Services Agreement between the City of Fairhope and
EnergySouth Corrosion Services EnergySouth Services, Inc., Mobile, Alabama, to
provide services for the relocation of U.S. Highway 98 Groundbed/Rectifier, located
in Daphne, Alabama.
Duly Adopted This 141h Day of March , 2002.
Attest
P4117 117,01 Ao
eniece W. Johnson, YJerk
r v�.. k��
(::im thy M. K nt, ayor
2852
14 March 2002
Councilmember Gentle introduced in writing, and moved for the adoption of
the following resolution. Seconded by Councilmember Quinn, motion passed
unanimously.
RESOLUTION NO. 821-02
WHEREAS, the City of Fairhope, Alabama desires to initiate condemnation
proceedings for the purpose of expanding the Fairhope Municipal Airport,
and;
WHEREAS, there has been negotiations to acquire these properties, and;
WHEREAS, the property being considered for condemnation is described as
follows:
Mr. Fred T. Burmeister — Tract 1 — A parcel of land located in Section 33, Township 6
South, Range 2 East, Baldwin County, Alabama, more particularly described as
follows: Commence at the SE corner of Section 33. Township 6 South, Range 2
East and proceed on a bearing of N00'10'03"E, a distance of 27.10 feet to the North
Right -of -Way of Baldwin County Road 32; Thence proceed on a bearing of
N89'51'42"W, along the North Right -of -Way of Baldwin County Road 32, a distance
of 1264.83 feet, to the Point of Beginning; thence continue on a bearing of
N89'51'42"W, along the North Right -of -Way of Baldwin County Road 32, a distance
of 69.24 feet; thence proceed on a bearing of N00'15'31"E, a distance of 800.93 feet;
thence proceed on a bearing of S80'24'57"E, a distance of 314.94 feet; thence
proceed on a bearing of S18'06'54"W, a distance of 787.69 feet, to the Point of
Beginning. This parcel contains 3.43 acres, more of less.
Mr. Mason McGowin — Tract 3 - A parcel of land located in Section 4, Township 7
South, Range 2 East, Baldwin County, Alabama, more particularly described as
follows: Commence at the Northeast corner of Section 4, Township 7 South, Range
2 East; and proceed on a bearing of S89'58'34" W, a distance of 884.27 feet a
calculated point; Thence proceed on a bearing of S 00'08'18" W, a distance of 00.08
feet, to an iron pipe round on the South R.O.W of Baldwin County Road # 32; Thence
proceed on a Bearing of N. 89' 51' 42" W along the South ROW of Baldwin County
Road 32, a distance of 229.33 feet, to a calculated point to be set and the Point of
Beginning; Thence proceed on a bearing of S 09'35'03" W, a distance of 2660.72
feet, to a calculated point to be set; thence proceed on a bearing of N 86'61'20" W, a
distance of 607.27 feet, to a calculated point to be set; thence proceed on a bearing
of N 09'33'49" E, a distance of 2660.59 feet, to a calculated point to be set on the
South R.O.W of Baldwin County Road # 32; thence proceed on a bearing of S
89'51'42" E along the South R.O.W of Baldwin County Road # 32, a distance of
608.25 feet to the Point of Beginning, this parcel contains 36.64 acres more or less.
14 March 2002
2853
Resolution No. 821-02
Authorize Condemnation
Page —2-
Mr. Mason McGowin — Tract 4 - A parcel of land located in Section 4, Township 7
South, Rang 2 East, Baldwin County, Alabama more particularly described as
follows: Commence at the Southeast corner of the Southeast '/. of Section 4,
Township 7 South, Range 2 East; and proceed on a bearing of N 001500" E, a
distance of 1117.83 feet to a calculated point; thence proceed on a bearing of N
89'35'31" W a distance of 38.82 feet, to a calculated point; thence continue on a
bearing of N 89'35'31" W, a distance of 1871.85 feet to a calculated point to be set
and the Point of Beginning; thence continue on a bearing of N 89'3531" W, a
distance of 605.36 feet, to a calculated point to be set; thence proceed on a bearing
of N 09'31'35" E, a distance of 1572.88 feet, to a calculated point to be set; thence
proceed on a bearing of N 89'51'20" W, a distance of 607.27 feet to a calculated
point to be set; thence proceed on a bearing of S 09'35'03" W, a distance of 1578.04
feet to the Point of Beginning. This parcel contains 21.63 acres more or less.
Ms. Ada Bishop (Deceased) Ruby Rhom, James Bishop, & Clayton Bishop (Ms.
Bishop's Children) - Property located at 8507 Bishop Road — Tract 6 — A parcel of
land located in Section 9, Township 7 South, Range 2 East, Baldwin County,
Alabama more particularly described as follows: Commence at the Northeast corner
of the West 1/2 of the Southwest % of the Northeast Y. of Section 9, Township 7
South, Range 2 East and proceed on a bearing of N 0019'01" E, a distance of 30.02
feet, to an iron pipe on the North R.O.W of farm to Market Road also the Point of
Beginning; thence proceed on a bearing of N89'39'25" W, along the North R.O.W of
farm of Market Road, a distance of 685.57 feet to a calculated point to be set; thence
proceed on a bearing of N 00'53'34" E, a distance of 1301.19 feet to a calculated
point to be set; thence proceed on a bearing of S 89'39'67" E, a distance of 305.39
feet to a calculated point of be set; thence proceed on a bearing of S 0011'36" W, a
distance of 306.97 feet to a calculated point to be set; thence proceed on a bearing
of S 89'48'24" E, a distance of 365.00 feet to a calculated point of be set; thence
proceed on a bearing of s 001412" W, a distance of 936.23 feet to the point ob
Beginning. This parcel, containing 17.19 acres more or less.
Mr. and Mrs. Arthur Frego III — Tract 8 — A parcel of land located in Section 9
Township 7 South, Range 2 East, Baldwin County, Alabama, more particularly
described as follows: Commence at the Northeast corner of the Northwest '/. of the
Southeast '/. of Section 9, Township 7 South, Range 2 East and proceed on the
bearing of S 00'1600" W, a distance of 30.02 feet to a'/z iron rebar found; thence
proceed on a bearing of N 89'38'10" W, along the South Right -of -Way of farm to
Market Road, a distance of 731.27 feet to a calculated point to be set also the Point
of Beginning; thence proceed on the bearing of S 34'09'18" W, a distance of 716.94
feet to a calculated point to be set; thence proceed on a bearing of S 00'19'26" W, a
distance of 694.07 feet to a calculated point to be set; thence proceed on a bearing
of S 89'44'21" W, a distance of 864.20 feet to a 3" X5' high post; thence proceed on a
bearing of N 0011'36" E, a distance of 1299.33 feet to a capped'/z" iron rebar found,
on the South Right -of -Way of farm to Market Road; thence proceed on a bearing of S
89'38'10" E, along the South Right -of -Way of farm to Market Road, a distance of
1266.27 feet to the Point of Beginning. This parcel contains 28.46 acres more or
less.
2854
Resolution No. 812-02
Authorize Condemnation
Page —3-
Mr. James Atchison — Tract 9 — A parcel of land located in Section 9, Township 7
South, Range 2 East, Baldwin County, Alabama; Commence at a iron spikes in
asphalt on Farm to Market Road; thence South 00'15'00" West a distance of 30.02
feet to aY2" iron rebar found; thence South 00'12'22" West a distance of 1277.55 feet
to a calculated point; thence South 89'44'21" West a distance of 1201.42 feet to the
Point of Beginning; thence South 89'44'21" West a distance of 795.91 feet to a post
3" X 5' high; thence South 00'01'59" West a distance of 956.75 feet to a calculated
point; thence South 80'24'57" East a distance of 787.38 feet to a calculated point;
thence North 01'03'12" East a distance of 1091.66 feet to the Point of Beginning;
containing 18.50 acres more or less.
Mr. Emery Childress — Tract 10 - A parcel of land located in Section 9, Township 7
South, Range 2 East, Baldwin County, Alabama; Commence at the Southwest corner
of the Southwest '/. of Section 9, Township 7 South, Range 2 East, and proceed on a
bearing of S89'47'02" E a Distance of 2000.87 feet to an'/z' iron rod; thence proceed
on a bearing of N00'00'00"E, a distance of 30.00 feet, to an calculated point; thence
proceed on a bearing of N00'01'29" W, a distance of 485.98 feet to the Point of
Beginning; thence proceed on a bearing of N80'24'57" W, a distance of 996.04 feet,
to a calculated point to be set; thence proceed on a bearing of N18'50'40"E, a
distance of 1651.95 feet to a calculated point to be set; thence proceed on a bearing
of N 35'30'05" W, a distance of 464.68 feet to a calculated point to be set on the
South R.O.W of farm to Market Road; thence proceed along the South R.O.W of farm
to Market Road a bearing of S 89'39'25"E, a distance of 723.42 feet to an iron
rod; thence leaving the South R.O,W of farm to Market Road, proceed on a bearing
of S00'11'36" W. a distance 0 1298.60 feet to a 3" X 5' high post; thence proceed on
a bearing of S 00'02'39" W. a distance of 804.62 feet to the Point of Beginning. This
parcel contains 32.45 acres more or less.
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 14th day of March , 2002.
C2T;ithy M. an Mayor
Attest:
Geniece W. Johnson ity Clerk
2855
14 March 2002
Councilmember Christenberry introduced in writing, and moved for the
adoption of the following resolution. Seconded by Councilmember Quinn, motion
passed unanimously.
RESOLUTION NO. 822-02
WHEREAS, The City of Fairhope currently pay all accounts payable on the 201h of
each month; and,
WHEREAS, Vendors offer discounts if payments are made earlier than the 201h of
each month; and,
WHEREAS, The City of Fairhope currently take any discount available, but higher
percentage discounts are not being taken due to the City's payment policy.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIRHOPE, ALABAMA, that Mayor Kant and City Treasurer is hereby authorized
to pay Account Payables that offer discounts early. This procedure will take effect
April 1, 2002. All other Account Payables will continue to be paid of the 20th of each
month.
Duly Adopted This 141h
Attest
G�/•
'Cie -niece- W. Johnson, erk
Day of March , 2002.
<,- fin.. • klj---�"
Ti othy M Ka , Mayor
Allen Smith, a Science Teacher at Marietta Johnson School of Organic
Education, addressed the City Council to present a unique design for a pedestrian
crosswalk for the City of Fairhope. Mr. Smith expressed that in light of the growth in
Fairhope many students are not able to ride their bikes and/or walk to school and
other destinations. Mr. Smith proposed a crosswalk of a fish to be constructed at an
intersection in Fairhope. After discussion, Mayor Kant stated that at this time he felt
that the City Council did not have enough information, and asked Mr. Allen to work
with Christopher Baker, Planning and Building Officer, Councilmember Anders and
Councilmember Quinn to work on this request. Mayor Kant further stated that the
Council is working with the State and would like to see crosswalks at all the
intersection, and is currently working on connecting all the schools with sidewalks.
2856
14 March 2002
Councilmember Ford moved to grant the request of Alabama Environmental
Council requesting permission to use the North Park at the Municipal Pier for Earth
Day, on April 21, 2002. Seconded by Councilmember Gentle, motion passed
unanimously. Marcy Gerhart with Alabama Environmental Council stated that
Fairhope has the largest Earth Day in the State, and thanked the City Council for their
support.
Rebecca David addressed the City Council requesting permission to use one
block of Bancroft Street Between Fairhope Avenue and Magnolia Street for a
Downtown Farmer's Market. The Market will be opened every Saturday morning
from 8:00 a.m. — 12:00 p.m. The Market will be a local grower only. Mayor Kant
stated that Sherry Sullivan, Community Development Officer, has been working on
getting a Farmer's Market in Fairhope, but has been unable to get local farmers.
Mayor asked Ms. David to work with Sherry Sullivan to work on this project and
report back to the City Council.
Councilmember Gentle moved to approve the change order request # 1, by W.
E. Davis & Sons, decreasing the contract by $53,813.12 on the Justice Center.
Seconded by Councilmember Quinn, motion passed unanimously.
Mayor Kant announced that Clarence Bishop was named Trustee of the Year
by the Alabama Hospital Association, and Thomas Hospital was holding a reception
for Mr. Bishop tonight at Thomas Hospital.
Councilmember Christenberry moved to hear a request by Councilmember
Ford that is not on the printed agenda. Seconded by Councilmember Gentle, motion
passed unanimously.
Councilmember Ford, a member of the Fairhope Airport Board, addressed the
City Council recommending that the Fairhope Municipal Airport be named Sonny
Callahan Airport. Councilmember Ford further stated that Congressman Callahan has
proudly served Baldwin County during his tenure in the House of Representative.
The Citizens of the Eastern Shore and Fairhope owe a debt of gratitude to Mr.
Callahan for his efforts to help us improve our quality of life. Congressman Callahan
worked hard and succeeded in supporting our efforts in many ways such as the
following:
• Funding of Bon Secour Nation Wildlife Refuge,
• Inclusion of Mobile Bay in the National Estuary Program,
• USA Cancer Funding,
• Funding for the Heart Center at Thomas Hospital,
• Medicaid funding for Mercy Medical,
• Multi -Modal Trails in Fairhope and Eastern Shore,
• Street lights on U.S. Highway 98, and
• Significant support of the Fairhope Airport.
2857
14 March 2002
Councilmember Gentle so moved to re -naming the Fairhope Municipal
Airport to Sonny Callahan Airport. Seconded by Councilmember Christenberry,
motion passed unanimously.
Daniel Dixon and Loren Faire addressed the City Council requesting
permission to use City streets to entertain the Arts and Crafts guests this weekend
through the display of live juggling of torches and knives. Mr. Dixon and Mr. Faire
has already been invited to entertain guests of the private businesses while on private
property, and also wish to entertain the Fairhope community guests from a designated
area of the City Council. Mr. Faire stated that he is extremely proficient and
entertaining with this art would show an example of the safety of this art.
Mayor Kant informed Mr. Dixon and Mr. Faire that the streets have been turned over
to the Chamber of Commerce for this weekend's Annual Arts and Crafts, and Mr.
Dixon and Mr. Faire would have to get permission from the Chamber of Commerce.
Councilmember Gentle moved to pay bills as presented. Seconded by
Councilmember Quinn, motion passed unanimously.
There being no further business to come before the City Council the meeting
was duly adjourned at 6:45 p.m.
C]Ti thy M. tantimayor
i
Geniece W. Johnson, C' erk