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HomeMy WebLinkAbout05-10-2004 Regular Meeting3312 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, 10 May 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 Rev. Joe Bullington, Pastor of the United Methodist Church, gave the invocation. Councilmember Christenberry moved to approve minutes of the 26 April 2004, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Gentle introduced a proposed ordinance to re -zone the property of Fairhope 98 Joint Venture from RI -Low Density Single Family Residential District to B4 — Business and Professional Office. This property is located West of U.S. Highway 98 (Greeno Road), South of Parker Road. The Planning & Zoning Commission recommended approval of this proposed ordinance. No one present was opposed to the amendment. This proposed ordinance will layover for final adoption at the next regular City Council meeting. Councilmember Christenberry introduced in writing, a proposed ordinance to amend Ordinance No. 1196 connection fee for sprinkler. This proposed ordinance does not allow for any rebates to people that hooked up after the passing of Ordinance No. 1196. This proposed ordinance will layover for final adoption at the next regular City Council meeting Councilmember Anders introduced in writing a proposed ordinance adopting By -Laws of the Sister Cities Association Board. Mayor Kant recommended that the City Attorney take a look at this proposed ordinance. The proposed ordinance will layover for final adoption at the next regular City Council meeting. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution authorizing an appropriation of $50,000.00 to the Fairhope Educational Enrichment Foundation Inc. Seconded by Councilmember Gentle, motion passed unanimously. 10 May 2004 RESOLUTION NO. 1032-04 3313 WHEREAS, the Fairhope Educational Enrichment Foundation, Inc. has been working for several years to help ensure that every student is afforded the opportunity to succeed through various programs in the Fairhope Public Schools; and, WHEREAS, these programs have blossomed under the direction of Fairhope Educational Enrichment Foundation, Inc. despite operating with a very restrictive budget; and, WHEREAS, the City of Fairhope is desirous of assisting the Fairhope Educational Enrichment Foundation, Inc. with its fund raising campaign. The goals of said campaign being to improve parental and community involvement in public education; to improve student achievement in the Fairhope Public Schools; and to improve the number and quality of students entering the work force; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that $50,000.00 be appropriated out of the three utility funds to pay for services rendered to the City of Fairhope by Fairhope Educational Enrichment Foundation, Inc., said services being more specifically set forth in the Performance Contract between the City of Fairhope and Fairhope Educational Enrichment Foundation, Inc. ADOPTED this 10th day of May , 2004. aTi!th!y: M. ant, Mayor Councilmember Anders introduced in writing, and moved for the adoption of the following resolution authorizing an appropriation to The Haven. An accounting of all appropriation monies must be given according to the City of Fairhope Appropriation Policy. Mayor Kant explained that $36,520.00 was budgeted for the Haven. The Balance of $24,553.58 is being transferred as an appropriation. Seconded by Councilmember Christenberry, motion passed unanimously. 10 May 2004 RESOLUTION NUMBER 1033-04 3314 WHEREAS, in Fairhope, Alabama, The Haven is a non-profit organization, dedicated to the welfare of the animals in our area, and are completely dependent on donations; and, WHEREAS, The Haven's mission is to provide the animals with love and medical attention, with the goal of returning them to society as loving and loved pets; and, WHEREAS, The Haven provides services for the homeless, neglected, and abused animals. The services rendered include: ■ Animals that come through The Haven are either spayed or neutered. ■ Animals are treated for any medical conditions as necessary while in our care. ■ Animals are kept up to date with required shots. ■ Animals are fed, watered and given exercise each day. ■ Animals are placed in homes where they will be taken care of and loved ■ We are a no -kill shelter WHEREAS, The Haven has served Fairhope residents since 1990 on a continuous basis and successfully demonstrated the capacity to operate a neighborhood based social service improving countless lives; and, WHEREAS, The Haven 2002-2003 operating budget was $113,205.00. The funding is primarily from individual contributions, The Haven Resale Shop, yard sales, grants and fundraisers. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy Kant is hereby authorized to establish a contract for services between the City of Fairhope and The Haven to appropriate the sum of $24,553.58 to be used for the needs of Fairhope animals. APPROVED THIS THE 10"' DAY OF MAY , 2004. why M' Attest: eniece W. Johnson, Ci Clerk/Treasurer 3315 10 May 2004 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Gallet & Associates to provide a geotechnical investigation at the H.L. "Sonny" Callahan Airport. This contract amount is $2,342.50. (Old contract of 4/12/04 will be voided. This contract is an increase of $567.50). Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO. 1034-04 WHEREAS, this agreement made between the City of Fairhope and Gallet & Associates for a Geotechnical Investigation of H. L. "Sonny" Callahan Airport Apron Pavement Rehabilitation, Fairhope, Alabama. WHEREAS, the proposed project consists of approximately 18,500 square yards of apron pavement improvements; and, WHEREAS, BWSC is considering a possible pavement overlay or pavement sealcoat. Gallet & Associates will supply BWSC will the information necessary to make an engineered decision as to the best method of accomplishing these improvements; and, WHEREAS, Gallet will be contracting directly with the City of Fairhope for the completion of the geotechnical services in support of the apron improvement. WHEREAS, compensation to be paid to Gallet & Associates to provide the requested services shall be in the amount of $2,342.50. 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 Gallet & Associates for a Geotechnical Investigation of H. L. "Sonny" Callahan Airport Apron Pavement Rehabilitation, Fairhope, Alabama, in the amount of $2,342.50. Passed, Adopted and Approved this 10'h day of Maw, 2004. Ti othy 11 Kant, Mayor Attest: 3316 10 May 2004 Councilmember Gentle introduced in writing, and so moved for the adoption of the following resolution accepting the streets, utilities, and right-of-way within Gayfer Estates Plantation Phase I. Seconded by Councilmember Quinn, motion passed unanimously. RESOLUTION NO. 1035-04 WHEREAS, the Owners of Gayfer Estates Plantation Phase 1 desire to have all public streets and public rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama on Slide 2156-A, and all Fairhope public utilities located in public rights -of -ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the General Superintendent has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible for the maintenance of common areas in the subdivision as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama has received from the owners of Gayfer Estates Plantation Phase 1 a maintenance bond for the public improvements constructed for a period of 2 years from the date of the approval of this Resolution, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Gayfer Estates Plantation Phase 1 are hereby accepted for public maintenance subject to the bond posted. Adopted, this 1 Oth day of May , 2004 imot M. K t, M or 3317 10 May 2004 Site Plan Review - Hyatt Site Plan — Christopher Baker Director of Planning and Building addressed the City Council and made the following report on Bill Hyatt's request for a Site Plan Review of a proposed retail center, generally located East of Greeno Road, North of Pizza Hut and South of Rite Aid. Mr. Hyatt is seeking to develop the vacant parcel of property between Rite Aid and Pizza Hut in front of Key West Inn. The property is zoned B2 General Business. All of the properties surrounding it are B2 as well. The issues associated with this request are as follows: • Comprehensive Plan: The plan would seek to push the building up to the setback line so it would be in line with Pizza Hut. • Drainage: This property has some significant drainage issues associated with it. Many years ago a pond was on the property. You will notice that the drive going to the Bowling Alley property has many potholes, this is primarily because of the standing water that accumulates in this location. This property is the low spot. The developer has been advised of the drainage issues and the fact that the City will require stormwater engineering at this location with any building permits issues. • Utilities: All City of Fairhope will be provided. • Location of the Building: The development meets the setback requirement of the B2 district. However, staff asked the developer to move the building to the front setback line in order to give a better street appearance to the pedestrian connection. The developer has elected to keep the building in the same location with the parking out front. • Curb -Cut: No additional curb cuts are proposed for site. It will gain access from easements on the North and South. • Bike Rack: The developer has been asked to integrate a bike rack into the design of the building — which they have done. • Building Height: The applicant has been advised of the 30 foot building height. • Metal Building: The developer initially submitted a metal building. However, that has been revised to an EOFS building on all 4 sides. • Lighting: The developer has submitted the fixtures. At the time of agenda preparation we were unsure if these met City requirements. This information will be available by the meeting. • Landscape Plan: A plan has been submitted and reviewed by the City Horticulturist. The Planning Commission recommended approval subject to a third party reviewing the drainage study and plans to make sure it meets City requirements. This study is to be paid by the developer. Staff Recommendation: To approve in concert with the Planning Commission recommendation. The City Council expressed great concerns about the drainage issues. 3318 10 May 2004 Frank Dagley the engineer of Mr. Hyatt's project explained to the City Council that he has a underground drainage plan, and if needed the parking lot can be cut to put in a retention pond. However, Mr. Dagley and Mr. Hyatt explained that they do not plan to retain off site drainage, for this is not required by the City ordinance. Mr. Hyatt stated that they would not solve all the property owner's drainage problems. He further stated that he can only take care of the water within his property lines. Councilmember Gentle moved to table this Site Plan Review until the City Council gets a finite plan on drainage. Seconded by Councilmember Quinn. The motion passed by the following votes: AYE -Gentle, Ford, Quinn, and Kant. NAY-Christenberry Recused-Anders Site Plan Review — Christopher Baker Director of Planning and Building addressed the City Council and made the following report on Kevin Boone's request for Site Plan Review of a new building at Church and Fairhope Avenue. Mr. Boone is proposing to construct a new building at Church and Fairhope Avenue on the property where the gumbo shop is located. The property is zoned B2, is in the Central Business District, and the Fire District. This building is a combination of business and residential — something the City encourages downtown — staff is glad to see this type of investment downtown. Additionally, off street parking is being provided, even though it is not required. The issues associated with this request are as follows: • Comprehensive Plan: The plan supports the request. • Drainage: There is no drainage currently and the lot is 100% impervious. The building will have roof drains to take the water to the street. • Utilities: All City of Fairhope utilities will be provided. • Lot Coverage: 100% of the lot will be covered. • Curb -Cut: The developer is proposing a driveway. Where the driveway bisects the sidewalk will be textured to give definition to the pedestrian path. • Bike Rack: The developer has been asked to integrate a bike rack into the design of the building. • Building Height: The applicant has been advised of the 35 foot building height. Staff Recommendation: To approve as presented. The Planning Commission approves the request. Councilmember Quinn moved to approve the Site Plan Review. Seconded by Councilmember Gentle, motion passed unanimously. 3319 10 May 2004 Site Plan Review — Christopher Baker Director of Planning and Building addressed the City Council and made the following report on WHL Architecture for a Site Plan Review of the Law Office Retail Space on Section Street. WHL has completed the plans for the new law office and retail space on Section Street. The property is zoned B2 and is in the Central Business District. The issues associated with this request are as follows: • Comprehensive Plan: The plan supports the request • Drainage: There is no drainage currently and the lot is 100% impervious. The building will have roof drains to take the water to the street. • Utilities: All City of Fairhope utilities will be provided. • Lot Coverage: 100% of the lot will be covered. • Building Height: The applicant has been advised of the 35 foot building height. Staff Recommendation: To approve as presented. The Planning Commission approved the request. Councilmember Gentle moved to approve the Site Plan Review. Seconded by Councilmember Christenberry, motion passed unanimously. City Council reviewed an application for a Restaurant Liquor License by Henry H. Lavallet, dba The Original Last Nacho, located at 19270 Scenic Highway 98, Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Anders moved to reschedule next regular City Council Meeting from Monday, May 24th to Thursday, May 27th, due to Alabama League of Municipalities Conference. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Gentle moved to grant Change Order # 2 by Esfeller Construction Company Inc. for PVC concrete encased duct at the Airport, increasing the contract by $11,649.60. Seconded by Councilmember Ford, motion passed unanimously. Mrs. Davis, Director of the Baldwin County Child Advocacy Center, explained that CARE House has provided programs and services for child victims of sexual abuse and serves physical abuse, their supportive family members, and the community, while empowering all toward child abuse prevention. Last year alone this center severed over 400 child victims and their families. The programs and services offered at CARE House are vital to the health and safety of our children and community. 3320 10 May 2004 Mrs. Davis further stated that the staff at CARE House strives on a daily basis to meet the needs of all abused children in Baldwin County. Their mission and goal is to provide programs and services to child victims and their families while increasing awareness and the prevention of abuse throughout our community. They are making great strides in all of these areas; however, they have absorbed over $80,000.00 in reduction of state funds alone over the last 4 years. They cannot continue this fight and meet the needs created by the enormous growth without the continued and renewed support and commitment of Baldwin County. Therefore, Mrs. Davis requested financial support from the City of Fairhope for next fiscal year 2004-2005, and any support by the City would be appreciated. Mayor Kant stated that all Budget request should be turned in to him by June 1, and the City Council will take her request under consideration. Councilmember Christenberry addressed the City Council explaining that the Section 11-43-56, Code of Alabama, states that the council shall have the management and control of the finances and all the property, real and personal, belonging to the city. The Council shall appropriate the sums necessary for the expenditures of the several city departments and for the interest on its bonds and other indebtedness, not exceeding in the aggregate within ten percent of its estimated receipts, and such council shall not appropriate in the aggregate an amount in excess of its annual legally authorized revenue. Councilmember Christenberry moved and requested that Mayor Kant appoint all Councilmembers to serve on the Financial and Auditing Committee, and to meet regularly. Seconded by Councilmember Quinn, motion passed unanimously. BID — POLICE DEPARTMENT — 3 POLICE CARS (STATE BID) May 3, 2004 RE: POLICE CARS — STATE OF ALABAMA BID CONTRACT # 4007525 The City of Fairhope Police Department has budgeted three (3) new police cars for Physical Year 2003- 2004. The cars are to replace older model cars with mileage in access of 100,000 miles. We recommend purchasing off of the State of Alabama Bid Contract. Cost each will be: $19,480.00 or a TOTAL of $58,440.00 for three (3) vehicles. Wayne Smith, Purchasing Agent Councilmember Gentle moved to approve state bid for the purchase of three (3) police cars, provided that all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously. 3321 10 May 2004 Councilmember Gentle moved to pay bills as presented. Seconded by Councilmember Ford, motion passed unanimously. Request by Councilmember Anders to add that the Mayor assured the City Council that all bills approved were in budget. There being no further business to come before the City Council the meeting was duly adjourned at 6:56 p.m.