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HomeMy WebLinkAbout09-08-2003 Regular MeetingSTATE OF ALABAMA X 3178 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, 8 September 2003. 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 City Clerk/Treasurer Geniece W. Johnson, gave the invocation. Councilmember Christenberry moved to approve minutes of the 25August 2003, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Gentle moved for final adoption of Ordinance No. 1176, an ordinance to adopt a lodging tax. Seconded by Councilmember Anders. The motion for final adoption passed unanimously by the following votes: AYE - Gentle, Ford, Quinn, Kant, Anders and Christenberry. NAY -none. Councilmember Gentle introduced in writing an ordinance requesting to zone the property of Gene Tillman from RA -Residential Agriculture to Planned Unit Development. This property is located on the North side of Windmill Road just West of County Road 27 — Ellington Place Subdivision. Mayor Kant called on Christopher Baker, Director of Planning and Building, to give an overview of this ordinance. The Planning Commission recommended approval of this ordinance. Mayor Kant called the Public Hearing opened Bill Scott addressed the City Council in opposition of rezoning Mr. Tillman's property. Mr. Scott expressed concerns with drainage and increase traffic problems City Attorney Marion E. Wynn arrived 5:35 p.m. • Devin Shaft, a resident of Jackson Place Subdivision, addressed the City Council to inquire on how the traffic will effect Jackson Place. Ellington Place Subdivision will be connected to Jackson Place. 8 September 2003 3179 • Seth Moore — representative of Gene Tillman, addressed the City Council. Mr. Moore with Moore Engineering stated that the drainage for Ellington Place is twice the requirement by the City for a 100 year storm. • Michael Bender — a resident of 114 Hazel Lane addressed the City Council expressing concerns about drainage and his back yard flooding. • Jason Thomas —a resident of 110 Hazel Lane addressed the City Council inquiring about the notification method of this item and expressing concerns about drainage problems Councilmember Anders moved for immediate consideration, after further decision Councilmember Anders withdrew her motion for immediate consideration. This ordinance will layover until the next regular City Council meeting. Councilmember Gentle moved to get a seconded opinion of the engineering on the drainage. The engineer to provide the second opinion must be acceptable by the city and paid for by the developer. The topographies are needed to show how the water will move in relation to the burm. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Quinn introduced in writing an ordinance requesting to zone the property of John Bethea and Lawrence Dave from R-2 Medium Density Single -Family Residential District to B-4 Business and Professional District. This property is located South of Morphy between Young Street and Ingleside Street - Extend the Medical Office Park. The Planning Commission recommended denial of this request. In order to take immediate action, Councilmember Anders moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following votes: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn then moved to deny this request. Seconded by Councilmember Gentle, motion to deny this request passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders and Christenberry. NAY -none. 8 September 2003 3180 Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution, to consider amending the Comprehensive Plan regarding the Jurisdictional Area. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 982-03 A RESOLUTION TO AMEND THE CITY OF FAIRHOPE COMPREHENSIVE PLAN SECTION 1, INTRODUCTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City of Fairhope Planning Commission adopted a new Comprehensive Plan in December 2000, and: WHEREAS, The City Council of the City of Fairhope adopted a new Comprehensive Plan in January 2001, and: WHEREAS, This Plan engaged the public in order to extract concerns, goals, objectives, and vision that the community held to be important, and; WHEREAS, This Plan has been recognized across the State and the Nation as creative, unique, visionary, and important, and; WHEREAS, there has been debate as to the jurisdictional area that the Plan covers, therefore; WHEREAS, the City Council finds that the ability of the City Planning Commission to plan properly for the physical development of the City requires that it continue to exercise its statutory planning authority within extraterritorial areas consistent with its five -mile subdivision authority; and WHEREAS, the City finds that the rational planning of public utilities, whether publicly or privately owned, is a fundamental prerequisite to the reasonable exercise of its authority to regulate the subdivision of land within its corporate boundaries and within five miles thereof, and WHEREAS, the City Council finds that within its five -mile subdivision jurisdiction, the planned extension of public utilities, whether publicly or privately owned, has a direct bearing on the planning of the City; and WHERAS, the City Council finds that the subdivision of land and the proper planning of subdivided regions are inextricably tied to the provision of essential public facilities and services, including, water, light, sanitation, transportation, communication, power and other public purposes; and WHEREAS, pursuant to Sections 11-52-8, 11-52-11, and 11-52-30, inter alia, the City Council finds that its ability to implement the policies of its adopted master plan depends on the reasonable exercise of its authority to regulate the subdivision of land and the general location and extent of public utilities, whether publicly or privately owned, within its boundaries and within five -miles of its corporate limits; and 8 September 2003 tn3] 1. THAT, Section 1, Introduction of the Comprehensive Plan of the City of Fairhope shall be amended by inserting the following new paragraph, as a second paragraph between the existing first and the existing second paragraphs thereof, and by incorporating the maps hereinafter described: The geographic scope of the Comprehensive Plan of the City of Fairhope shall be co -extensive with the geographic scope of the City's subdivision jurisdiction. Accordingly, the geographic scope of the Comprehensive Plan shall include the City's existing corporate area and shall extend outwards from the City's corporate boundaries to the full extent of the 5 miles, except for any area as to which the City's subdivision jurisdiction may be limited by the exception appearing in Section 11.52.30(a) of the Code of Alabama, 1975 as amended, pertaining to nonmunicipal land lying within 5 miles of more than one municipality having a Planning Commission. In the Planning Commission's judgment, the 5 mile geographic scope of the Comprehensive Plan bears relation to the planning of the City. The geographic scope of the Comprehensive Plan is shown on a small map being incorporated as an attachment to the Comprehensive Plan and on a large scale map available for inspection in the City of Fairhope's Planning and Building Department. (NO OTHER ALTERATIONS ARE MADE WITH THIS AMENDMENT) 2. EFFECTIVE DATE: This amendment shall be in full force and effect upon its due adoption, publication, and certification as provided by law. Adopted this 8TH day of September , 2003 Attest: Q��;Z /-4 Geniece W. Johnson, C' erk / Treasurer 8 September 2003 3182 Christopher Browning, Chief of Police, addressed the City Council to explain that the Police Department had applied for a Local Law Enforcement Block Grant. Mr. Browning explained that the funds from this grant shall be used for Anti - Terrorism and/or Homeland Security. The amount of this grant is $10,294.00 with a match of $1,144.00. Each Police Department must establish or designate an advisory board to review the application. The board must be designated to make non -binding recommendations for the proposed use of funds received under this program. The advisory board must include a member from each of the following local organizations: law enforcement agency, prosecutor's office, court system, school system, and a nonprofit group (e.g., educational, religious, community) active in crime prevention or drug -use prevention or treatment. The advisory board will be dissolved once the project is complete. Councilmember Ford moved to establish the following advisory board: Chief of Police Christopher Browning District Judge Jody Bishop City Attorney/Prosecutor Carol Kemp J. Larry Newton School Principal Sue Ellen Brazil Twin Beech AME Zion Church Rev. Samuel May The motion to establish the advisory board for the LLEBG was seconded by Councilmember Anders, motion passed unanimously. Identification: "HEAVY DUTY COMMERCIAL GRADE MINIATURE LIGHTS (CLEAR)" Bids to be received by: August 26, 2003 at: 4:00 p.m. Christmas Liqhts to decorate downtown trees for Christmas. FREUS, Memphis, TN $3.00 ea. End of October FAIRHOPE HARDWARE, Fairho e, AL $5.99 ea. 15-Da s GRAYBAR ELECTRIC, Mobile, AL NO BID JUBILEE ACE HARDWARE, Fairho e, AL I NO RESPONSE It is recommended to accept the low bid of FREUS, Memphis, TN for the price of $3.00 per set. All specifications have been met. Aaron Norris, Wayne Smith, Electrical Superintendent Purchasing Agent Councilmember Anders moved to accept the low bid of Fred's, Memphis, Tennessee, provided all specifications are met for the purchasing of heavy duty commercial grade miniature lights (clear) for decorating downtown trees for Christmas. Seconded by Councilmember Gentle, motion passed unanimously. 8 September 2003 Rff-j Councilmember Ford moved to address an item not on the printed agenda. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Quinn moved to grant the request of Southland Gulf Neuromuscular Foundation (SGNF), requesting permission to hold The Walk to D'Feet ALS in the streets of Fairhope on Saturday, November 15, 2003. The organization will pay for the City of Fairhope Police Services during this event. Seconded by Councilmember Anders, motion passed unanimously. Dan McCrory, Superintendent of the Water/Sewer Department, reported that the Water/Sewer Department competed in the Gulf of Mexico Program/2003 Gulf Guardian Awards Program and was awarded a Certificate of Appreciation in recognition of the Department's efforts in protecting and restoring the coastal marine waters of the Gulf of Mexico, its coastal natural habitats, and its living resources. Mayor Kant reported that recently the City of Fairhope was required by Alabama Department of Environmental Management to send out letters to all households receiving city water due to Coliform bacteria contamination being found in test samples. Water samples are routinely taken to ensure city water is safe for consumption; however, in July 2003, the routine tests showed contamination. It is believed that the test was foul. Many other tests were conducted following this finding and resulted in clear water. ADEM concluded that there was something wrong with the test and not the water supply. Mayor Kant also reported that the letter asked the citizens to take an active role in protecting the city's water supply. Mayor Kant asked that the citizens let the city know if they knew of someone who had a private water well connected to the city water system and any individual or business that is drawing water from fire hydrants. Councilmember Gentle moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously. There being no further business to come before the City Council the meeting was duly adjourned at 6:21 p.m. M. Geniece W. Johnson, erk/Treasurer