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Home My WebLink About10-13-2003 Regular MeetingSTATE OF ALABAMA )( 3201 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, 13 October 2003. Present were Mayor Pro -Temp Robert C. Gentle, Councilmembers: Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. Mayor Timothy M. Kant was absent. There being a quorum present, Mayor Pro -Temp Gentle called the meeting to order. The Pledge of Allegiance was recited, and Geniece W. Johnson, City Clerk/Treasurer, gave the invocation. Former Councilmembers J.E. Gaston Jr. (10/03/60 — 10/05/64) and Layton Overstreet (08/26/92 — 8/28/96) were remembered with a silent prayer. Mr. Gaston and Mr. Overstreet both passed this month. Councilmember Anders moved to approve minutes of the 22 September 2003, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously. Mayor Pro -Temp Gentle recognized Boy Scouts Cliff Wright and Andrew Stein. They are working on their citizenship Badges with Troops 47. Mr. Tom Stein and Mr. Cliff Wright were also recognized for working with the Boy Scouts. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Anders introduced in writing an ordinance to re -zone the property of Regions Financial Corporation Tax Department from B-4 Business and Professional District to B-2 General Business District with deed restrictions. The property is located at the Northwest corner of Morphy and U. S. Highway 98. (This proposed ordinance was remanded back to the Planning and Zoning Commissioners for further consideration on June 23, 2003) Councilmember Quinn recused from voting on this request Christopher Baker, Director of Planning and Building reported to the City Council that the Planning and Zoning Commission considered this request at the May 2003 meeting and recommended denial to the City Council. Mr. Baker also reported that Eckerd Drug Store has hired Sam Irby with Irby and Heard, P.C. to represent them in this case. Mr. Irby has heard many of the concerns that the City has about the compatibility issues and other concerns from decision makers. Mr. Irby has done some legal research and has determined that the developer can address all the issues by using deed restrictions, to which the City will be a party. This gives the City enforcement action to make sure that the property develops and is maintained in the manner represented. 13 October 2003 3202 Mr. Baker further reported that the City Attorney Marion E. Wynne has agreed with Mr. Irby regarding the legality of creating deed restrictions. Mr. Baker reported the following in his Staff Recommendations. This case is about the intensity of B2 adjacent to a well -established and maintained neighborhood. Mr. Irby's proposal is an interesting one. To my knowledge the City has not entered into this type of agreement before. Entering the City into the deed restriction agreement is a political issue not a planning issue. The Planning and Zoning Commission considered this case again at the September 2003 meeting with the deed restriction proposal and recommended denial by a vote of 5 to 2. Attorney Sam Irby with Irby & Heard, P.C. addressed the City Council representing Regions Financial Corporation requesting the re -zoning of this property with deed restrictions. Mr. Irby explained the following General Covenants and Restrictions: Mr. Irby addressed the City Council and explained the covenants and restrictions of the deed regarding Regions Bank: • Permitted Uses. The Real Property may be used, in addition to the uses permitted by the current B-4 zoning, as a retail and wholesale drug store or pharmacy as permitted by the current B-2 zoning imposed by the City of Fairhope, Alabama Zoning Ordinance. • Restrictions and Conditions Upon Use as a Drug Store or Pharmacy. The following restrictions and conditions shall apply to the Real Property effective upon the conversion of the use of the Real Property to a retail and wholesale drug store or pharmacy. Provided, however, anything else contained in this Declaration to the contrary notwithstanding, the following restrictions and conditions shall not apply to the Real Property until the use of the Real Property has been converted to a retail and wholesale drug store or pharmacy. • Restricted Access. No ingress or egress shall be permitted to and from the Real Property from Pleasant Street and from Michigan Avenue. This prohibition on access will not restrict ingress and egress to and from the Real Property from Greeno Road and from Morphy Avenue. • Privacy Buffer Area. The owner of the Real Property, or the successors and assigns of said owner, shall be obligated to construct and maintain a Privacy Buffer Area ten feet in width along the west line of the Real Property adjoining Pleasant Avenue which will consist of the following: an architecturally designed privacy fence, six feet in height; shrubs that shall be Evergreen planted commencing on the northwest corner of the Real Property and continuing thirty feet south which shall provide a visual barrier to Pleasant Avenue. • An amendment of this Declaration may be made only by an agreement signed and acknowledged by all of the owners of the Real Property and the City of Fairhope, Alabama in the manner required for the execution of a deed, and such amendment shall be effective when recorded in the Office of the Judge of Probate of Baldwin County, Alabama. 13 October 2003 3203 At 5:33 p.m. Mayor Pro -temp called the public hearing opened. • Joyce Bishop — 802 Prospect addressed the City Council opposing the re -zoning request • Kathy Golden — representing one of the property owners addressed the City Council questioning the advertisement for the public hearing, questioning the use of the location as being used as a pharmacy since the "drug store" would be used to provide other services other then a pharmacy. Mrs. Golden also questioned the buffer of the property from the residential areas. • Andy Allegri — 851 Michigan Avenue — Addressed the City Council with concerns of vehicle lights, and noise and light from the parking lot. • David Sutley — with Regions Bank addressed the City Council expressing any consideration of the City Council • Matt Dail — 807 Morphy Avenue addressed the City Council opposed the re -zoning request. • Vince Valentim — Addressed the City Council with concerns with the zoning on Greeno Road. • Ray Moore and Maria Bush with Hutchinson Moore and Raugh addressed the City Council to explain the buffer and lighting. Mayor Pro -temp closed the public hearing at 6:10 p.m., and entertained a motion for immediate consideration. No motion was made; therefore, the proposed ordinance will come before the City Council for final adoption at the next regular meeting on 27 October 2003. Herb Locket with Employer Support of the Guard and Reserve addressed the City Council to present the Above and Beyond Award to the City of Fairhope, Fairhope Alabama, on behalf of the men and women of the National Guard and Reserve Forces, for outstanding service and continuing support to the national defense. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Anders introduced in writing Ordinance No. 1179. The Planning & Zoning Commission recommended approval of this ordinance. No one present was opposed to the amendment. An ordinance to re -zone the property of Arnold and Associates, and Eddy Hamlin from R2 Single Family Residential to 134- Business and Professional Office. This property is located North of Nichols, East of Ingleside, and West of Greeno Road. Christopher Baker, Director of Planning and Building, addressed the City Council reporting that B4 allows for office type uses only, it does not allow for retail. Mr. Baker's staff recommendation is that B4 has historically been used as buffers between residential and more intense commercial districts. The change of this property to B4 fits this mold and helps to protect the corner of Ingleside and Nichols and the adjacent residential properties. The Planning and Zoning commission unanimously recommended approval subject to if a building permit is issued for new additions to the property that B4 requirements and landscaping be met. 13 October 2003 3204 In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Anders, motion passed for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Christenberry, and Anders. NAY -none. Councilmember Christenberry moved for final adoption of Ordinance No. 1179. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Christenberry, and Anders. NAY -none. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Anders introduced in writing the proposed ordinance. The Planning & Zoning Commission recommended approval of this ordinance, an ordinance to re -zone the property of William J. Manifold from R2 Single Family Residential to Planned Unit Development. This property is located at the Southwest corner of County Road 27 and Windmill Road. Christopher Baker, Director of Planning and Building, addressed the City Council reporting the following: Setbacks: Residential lot setbacks between the buildings will be a minimum of 10 feet; 40 feet from Windmill Road, and 20 feet from all other property lines. The office lot will meet the 100 feet setback for County Road 27 and 40 feet from Windmill Road, and 20 feet from all other property lines. Access: A cut is proposed to County Road 27. The developer has contacted the County regarding the proposal. They should participate in the cost of the turn lane in front of there property. Drainage: The developer has been advised that the project will have to be engineered when they develop the plat and construct the buildings. Building Height: All buildings are proposed to be single story. However no height number has been proposed. Sidewalks: The developer will be constructing walks on Windmill and County Road 27. Uses: Only multifamily and office will be allow. No retail will be permitted. Landscaping and Elevations: the developer has provided this information. Staff Recommendation: There are some concerns regarding strip commercial in that the property is relatively shallow and fronts County Road 27. However, the developer has made some important design elements to reduce the anyplace USA feeling of the proposal. 13 October 2003 3205 Nevertheless, all of the property that is outside of the City limits can develop commercially tomorrow because there is no land use control. How realistic is this for us to not allow office development when next door could be anything: This is the quandary that the City faces all over, not just on County Road 27 — although it is more prominent on County Road 27. Certainly, if the Council approves this proposal then commercial will fill in the South from Fairhope Avenue. The Planning and Zoning Commission recommended approval subject to the office lots being totally screened from Windmill or being treated architecturally so it is not the back of any office building facing the street. Charlie Bassett with Bassett Engineers & Constructors, Inc., representing the property owner addressed the City Council to explain the request. At 6:16 p.m. Mayor Pro -temp opened the public hearing. • Ray Walley a resident at 19763 County Road 27 expressed concerns about drainage. • William Mangon a resident of 2790 Windmill Road (Presently building a home) also expressed concerns about the drainage in this area. • Dorothy Givens - objects to businesses being on County Road 27 and expressed concerns about the drainage. Mr. Bassett explained that the handicap parking lot will be concrete, and that the remainder of the parking lot will be covered with crushed stone. This will control any drainage problems. Councilmember Christenberry stated that the engineer and developers would be responsible for any run off not the City. After further discussion, in order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration did not pass unanimously by the following votes: AYE -Quinn, Christenberry, and Anders. NAY -Gentle, ABSTAINED -Ford. Therefore the City Council will consider this proposed ordinance for final adoption at the regular 27 October 2003, City Council meeting. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Ford introduced in writing Ordinance No. 1180. The Planning & Zoning Commission recommended approval of this ordinance. No one present was opposed to the amendment, an ordinance to amend Trentino Subdivision current PUD building height from 30 feet to 35 feet measured from the average natural grade at the front of the lot to the mean between the eave and ridge of the roof. 13 October 2003 3206 In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Anders, motion for immediate consideration passed unanimously by the following votes: AYE -Ford, Quinn, Gentle, Christenberry, and Anders. NAY -none. Councilmember Anders moved for final adoption of Ordinance No. 1180. Seconded by Councilmember Christenberry, motion for final adoption passed by the following votes: AYE -Ford, Gentle, Anders and Christenberry. NAY -Quinn. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute the Urban & Community Forestry Grant — A Guide to Native Trees for Landscaping on the Eastern Shore of Mobile Bay. Federal funds $6,225.00, In -kind match $9,275.00, for a total of $15,500.00. Seconded by Councilmember Anders, motion passed unanimously. City Attorney Marion E. Wynne (Tut) exited the dais at 6:42 p.m. City Attorney Marin E. Wynne (Tut) returned to the dais at 6:43 p.m. 13 October 2003 RESOLUTION NO.994-03 3207 WHEREAS, Communities along the Eastern Shore of Mobile Bay enjoy an exceptionally rich assortment of native trees — upwards of 80 species. Most of these species are quite suitable for landscaping, but many are seldom used in new landscaping work., and; WHEREAS, with one of the most rapidly growing human populations in the state, the Eastern Shore area is undergoing major land development. Careful protection and replanting of native trees is essential if the area is to maintain its national reputation as a great place to live in, and; WHEREAS, currently there is no comprehensive guide for developers and property owners to use in selecting native trees specifically for landscaping here. The grant will enable the City of Fairhope Tree Committee to publish such a guide and conduct a workshop to promote it, and; Project Objectives: • Promote recognition, protection, and careful use of native tree species for Mobile Bay's Eastern Shore. • Publish a fold -out poster (22 inches X 34 inches) illustrating and comparing approximately 50 native tree species for landscape use, and; • Illustrate and describe proper tree sitting (including utility line consideration), planting and maintenance, and; • Support the City of Fairhope landscape ordinance (Tree Ordinance) BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute the Urban & Community Forestry Grant — A Guide to Native Trees for Landscaping on the Eastern Shore of Mobile Bay. The Federal grant amount shall be $6,225.00 and the City of Fairhope in - kind match shall be $9,275.00, for a total of $15,500.00 Adopted This 13th Day of October 2003. 13 October 2003 3208 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute the Urban & Community Forestry Grant — A Tour Guide to Fairhope's Trees. Federal funds, $4,100.00, In -kind match $3,800, In -kind match in cash $300.00, for a total of $8,200.00. Seconded by Councilmember Ford, motion passed unanimously. RESOLUTION NO. 995-03 WHEREAS, Communities along the Eastern Shore of Mobile Bay enjoy an exceptionally rich assortment of native trees — upwards of 80 species. Most of these species are quite suitable for landscaping, but many are seldom used in new landscaping work., and; WHEREAS, With one of the most rapidly growing human populations in the state, the Eastern Shore area is undergoing major land development. Careful protection and replanting of native trees in essential if the area is to maintain its national reputation as a great place to live in, and; WHEREAS, Currently there is no comprehensive guide for developers and property owners to use in selecting native trees specifically for landscaping here. The grand will enable the City of Fairhope Tree Committee to publish such a guide and conduct a workshop to promote it, and; WHEREAS, this guide will promote recognition, protection, and careful use of native tree species for Mobile Bay's Eastern Shore. WHEREAS, Publish a fold -out poster (22 inches X 34 inches) illustrating and comparing approximately 50 native tree species for landscape use, and; WHEREAS, Illustrate and describe proper tree sitting (including utility line consideration), planting and maintenance, and; WHEREAS, Supporting the City of Fairhope landscape ordinance (Tree Ordinance) BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized execute the Urban & Community Forestry Grant — A Tour Guide to Fairhope's Trees. Federal funds, $4,100.00, In -kind match $3,800, In -kind match in cash $300.00, for a total of $8,200.00 Adopted This 13th Day of October 2003. im y M. K nt, Ma or Attest: -71 �edniece W. Johnson, Ci r Treasurer 13 October 2003 3209 City Council reviewed an application for a Beer/Wine Off -Premises License by Johnny R. Moseley, dba Bay Break, located at 369 South Mobile Street, Fairhope, Alabama. Councilmember Anders moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously. City Council reviewed an application for a Beer/Wine Off -Premises License by Paul Moore, dba Jubilee Mart (Bay Shores Oil Inc.), located at 821 South Mobile Street, Fairhope, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Anders, motion passed unanimously. City Council reviewed an application for a Special Retail License (One time event), by Anita Drummond, dba Point Clear Polo Classic, located at 300 South Greeno Road, Fairhope, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Quinn so moved to grant Change Order Request # 1 — James Brothers Excavating Inc., for the Pier Street Boat Ramp Parking Lot, increasing the contract by $1, 359.00. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Ford moved to grant Change Order Request # 4 — Consolidated Fence Company for installing one cardreader and stand at the South gate at the H.L. "Sonny" Callahan Airport, by increasing the contract by $2,700.00. Seconded by Councilmember Anders, motion passed unanimously. Keifer Wilson, owner of Page and Palette Inc., addressed the City Council requesting permission to close De La Mare Street on Saturday, November 15, 2003 at 3:00 p.m. to hold the First Annual Dancing in the Streets Event. This event will be celebrating Page and Palette Inc.'s 35th anniversary. All profits will go to FEEF. Mr. Wilson added that the Lyon's Share and Mary Ann's Deli will also take part in this celebration, and that Mary Ann's Deli will be serving alcoholic beverages. Geniece Johnson questioned whether the alcoholic beverages will be served within the establishment of Mary Ann's Deli or would the alcoholic beverages be allowed on street. Mrs. Johnson explained that if the alcoholic beverages are allowed on the streets then a Special One Time Event License must be obtained. Mr. Wilson expressed that everything will be on the street. Michael Comalander, Assistant Police Chief expressed the following concerns: • who would regulate collecting payment to attend this event • who would clean up after this event • public displaying of alcoholic beverages is a violation of a city ordinance. 13 October 2003 3210 Councilmember Ford questioned the amount of profit going to FEEF. Mr. Wilson explained that FEEF would receive the profit after all overhead expenses are paid. Councilmember Anders moved to grant the request to hold the event, without the approval of having alcoholic beverages being served and allowed to be taken on the street. The approval of the alcoholic beverages must come back before the City Council. Seconded by Councilmember Christenberry, motion passed unanimously. Christopher Baker suggested that the city look into issuing permits for events held on the streets of Fairhope. Anders asked that Christopher Baker, Assistant Police Chief Comalander and Jennifer Fidler meet with Mr. Wilson to work out the concerns of this event. Councilmember Ford moved to grant the request of First Baptist Church, requesting permission to block a portion of Section Street directly in front of the Church (Between White & Nichols Street) on Sunday, October 26, 2003, beginning at 9:30 a.m. to 12:30 p.m. First Baptist Church will be celebrating their Homecoming. As long as the details of this event are worked out with the Police, Fire and Public Works Departments. Seconded by Councilmember Christenberry, motion passed unanimously. City Attorney Marion E. Wynne exited the dais at 7:10 p.m. Identification: "COPPER TUBING" Bids to be opened on: Seot. 18, 2003 at: 2:00 p.m. being met. Dan McCrory, Water & Sewer Supt. Wayne Smith, Purchasing Agent 13 October 2003 3211 Councilmember Ford moved to accept the low bid of Consolidated Pipe & Supply Company, Mobile, Alabama, providing all specifications are met. Seconded by Councilmember Anders, motion passed unanimously. Identification: "CHECK VALVE" Bids to be opened on: September 18, 2003 at: 2:00 p.m. Check Valves to be used for new water service. Check Valves will be ordered as needed. VENDOR: PRICE EACH: DELIVERY: CONSOLIDATED PIPE $12.80 2 - 3 Days Mobile, AL Mueller #H-14242 HUGHES SUPPLY CO. DID NOT MEET BID Mobile, AL SPECIFICATIONS. Wafts #7U4-3 CENTRAL PIPE & SUPPLY DID NOT MEET BID Pearl, MS SPECIFICATIONS. Wafts #7U4-3 NATIONAL WATERWORKS, Pensacola, FL NO BID FERGUSON ENTERPRISES, Theodore, AL NO RESPONSE G&C SUPPLY CO., Atwood, TN NO RESPONSE SUPERIOR PIPE & SUPPLY, Pelham, AL NO RESPONSE It is recommended to accept the low bid of CONSOLIDATED PIPE & SUPPLY CO. Mobile. AL with all snecifications being met. Dan McCrory, Water & Sewer Supt. Wayne Smith, Purchasing Agent Councilmember Christenberry moved to accept the low bid of Consolidated Pipe & Supply Company, Mobile, Alabama, providing all specifications are met. Seconded by Councilmember Ford, motion passed unanimously. 13 October 2003 Identification: WATER METERS Bids to be opened on: Seat. 18, 2003 at: 2:00 p.m. Annual Bid for all Water Meters used by the Citv. All meters will be Durchased as needed 3212 VENDOR: PRICE & MODEL DELIVERY CONSOLIDATED PIPE & SUPPLY CO. 3/." Meter $28.40 ea Mobile, AL Neptune T-10 1" Meter $85.00 Neptune T-10 1-3 Days 2" Meter $284.00 Neptune T-10 2" Turbine Meter $310.00 Neptune H.P. Turbine Alternate Bid Neptune Compound Meter $959.00 DELTA MUNICIPAL SUPPLY %" Meter $32.00 ea. Lawrenceville, GA Neptune T-10 1" Meter $98.00 Neptune T-10 2" Meter $249.00 30-Days Neptune T-10 2" Turbine Meter $325.00 Neptune H.P. Turbine No Alternate Bid EMPIRE PIPE %" Meter $27.50 ea. Birmingham, AL Master Meter -Top Load MJ 1" Meter $84.50 Master Meter -Multi -Jet 2" Meter $249.00 SPECIFICATIONS WERE NOT MET Master Meter -Multi Jet 2-Day Delivery 2" Turbine Meter $325.00 Master Meter ALTERNATE BID: %" Meter $29.50 Master Meter -Bottom Load HUGHES SUPPLY CO., Mobile, AL NO BID ESTES EQUIPMENT CO., Birmingham, AL NO BID It is recommended to accept the low bid from Consolidated Pipe & Supply Co, Mobile, Alabama with all specifications being met. Dan McCrory, Water & Sewer Supt. Wayne Smith, Purchasing Agent 13 October 2003 3213 Councilmember Anders moved to accept the low bid of Consolidated Pipe & Supply Company, Mobile, Alabama, providing all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Anders moved to pay bills as presented. Seconded by Councilmember Christenberry, motion passed unanimously. There being no further business to come before the City Council the meeting was duly adjourned at 7:16 p.m. Robert C. Gentle, Mayor Pro -temp Geniece W. Johnson, Ci