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Home My WebLink About02-26-2004 Regular MeetingSTATE OF ALABAMA )( 3268 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 Thursday, 26 February 2004. 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/Treasurer 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 Geniece W. Johnson, City Clerk/Treasurer, gave the invocation. Councilmember Quinn moved to approve minutes of the 9 February 2004, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. Keith Fordham with South Alabama Regional Planning Commission addressed the City Council and gave a brief presentation on behalf of the SARPC on their Clean Cities Program. The Clean Cities Program is a U.S. Department of Energy Program, which promotes alternative cleaner fuels for use in the transportation sector. City Attorney Marion E. Wynne arrived 5:36 p.m. Mr. Fordham will present Mayor Kant with a proposal, and Mayor Kant stated that the Environmental Board would take a look at the proposal for vehicles being used within the city limits. City Attorney Marion E. Wynne advised the City Council to delay for one month the final decision on the business license revocation for Derek Williams Homebuilders. Eric Cortinas questioned whether plans presented by Mr. Williams should be held until this matter is resolved. Mr. Wynne advised Mr. Cortinas that everything should be held until this mater is resolved. Mr. Williams' attorney Bert Noojin addressed the City Council stating that he is requesting this delay and that the City should work with Mr. Williams. Councilmember Ford wanted to be sure that the parties involved in this matter and the public knew that this was not a public hearing, and will another public hearing be held? (Public Hearing was held January 26, zoom Mr. Wynne stated that he did not think notice of a public hearing had to be given again, and that he would have to look into whether or not another public hearing will have to be held. 26 February 2004 3269 Councilmember Gentle moved to layover this item until the second regular City Council meeting in March 2004. Seconded by Councilmember Ford, motion passed unanimously. City Attorney Marion E. Wynne exited the Council Chambers 5:51 p.m. Councilmember Quinn moved to update the Fairhope Police Reserve Unit by adding: Jessica Lynn Wilson and Frederick Dewayne Robinson and Deleting: Chad Little and Brad Johnson. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Gentle moved to reschedule the next regular City Council Meeting from Monday, March 81h to Thursday, March 11 th, due to National League of Cities Conference. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Gentle moved to add the following items that were not on the printed agenda. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Anders introduced in writing, and moved for the adoption of the following resolution, a resolution to support the development of Alabama's Coastal Connection, which will include the Eastern Shore trail and the City of Fairhope, as a state and national scenic byway. Seconded by Councilmember Ford, motion passed unanimously. 26 February 2004 RESOLUTION NO. 1009-04 3270 WHEREAS, the vision of Alabama's Coastal Connection Scenic Byway, which will include the Eastern Shore Trail and the City of Fairhope is to create a sense of place, a destination, where coastal Alabama's natural, historic and recreational assets are all a part of an enjoyable and educational experience for visitors and where the spirit and importance of coastal stewardship is encouraged; and, WHEREAS, its mission is to identify, promote and enhance the assets of Alabama's Coastal Connection through the development and implementation of a Corridor Management Plan and through obtaining both state and national designation as a Scenic Byway; and, WHEREAS, the goals of Alabama's Coastal Connection are to: • Increase efficiency and effectiveness through communicating and coordinating individual asset/agency planning efforts as part of a Corridor Management Plan. • Develop a marketable entity, in the form of a byway, in order to raise public awareness, appreciation and support of the area's historic, scenic and nature - based assets. • Increase visitation by targeted markets including eco- and geo-tourists, in accordance with the sustainability of individual assets, resulting in positive economic impact for the assets and the surrounding area and in increased coastal stewardship. • Provide a positive environment and growth opportunities for additional assets consistent with the theme of the corridor. NOW, THEREFORE BE IT RESOLVED that the City of Fairhope supports the development of Alabama's Coastal Connection which will include the Eastern Shore Trail and the City of Fairhope as a state and national scenic byway. Adopted this 26`h Day of February , 2004 y M. K t, Ma or Attest: Geniece W. Johnson, Ci Clerk/Treasurer 26 February 2004 3271 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution to amend the Comprehensive Plan regarding the Jurisdictional Area. The time, place, and date were omitted from the legal advertisement when considered by the Planning and Zoning Commission in August 2003. Seconded by Councilmember Anders, motion passed unanimously. RESOLUTION NO. 1010-04 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 26 February 2004 3272 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) EFFECTIVE DATE: This amendment shall be in full force and effect upon its due adoption, publication, and certification as provided by law. Adopted this 261h Day of February 32004 %hr. aTithy M. ant, Nlayor Attest: Geniece W. Johnson, Cit}Xle'r VTreasurer Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Hutchinson, Moore and Rauch, LLC, to provide Engineering services for the Watershed Protection Program Project 2002 — Hurricane Isidore. This project was approved by the City Council on 9/22/03. Seconded by Councilmember Anders, motion passed unanimously. 26 February 2004 3273 RESOLUTION NO. 1011-04 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA that Mayor Kant is hereby authorized to execute an agreement between the City of Fairhope and Hutchinson, Moore & Rauch, LLC to provide professional Engineering Services at a cost of $10,500.00 for the United States Department of Agriculture Natural Resources Conservation Service for an Emergency Watershed protection program 2002 - Hurricane Isidore - $109,500.00. This project was approved by the City Council on 9/22/03. DULY ADOPTED THIS 26`" DAY OF February , 2004. i y M. ant, Aayor Attest emece W. Johnson, Cit ler Treasurer There being no further business to come before the City Council the meeting was duly adjourned at 5:59 p.m. Vr� V'• ILIM.CAY M. nt,Nlayor Geniece W. Johnson, Cit Treasurer