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HomeMy WebLinkAbout08-09-2004 Regular Meeting3370 STATE OF ALABAMA X 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 9 August 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 Nancy Wilson, Finance Director Assistant, gave the invocation. Councilmember Quinn moved to approve minutes of the 26 July 2004, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Gentle moved for the final adoption of Ordinance No. 1223, an ordinance amending the Tree Ordinance, Ordinance No. 1193. Seconded by Councilmember Anders, motion passed by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1224, an ordinance to transfer 42.17 acres back to Fairhope Single Tax Colony for development as a public park. In order to take immediate action Councilmember Gentle 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 for final adoption of Ordinance No. 1224. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle introduced in writing, and moved for the adoption of the following resolution, a resolution allowing for the revisiting of the Comprehensive Plan of the City of Fairhope. Seconded by Councilmember Quinn, motion passed unanimously. 3371 9 August 2004 Christopher D. Baker, AICP Director of Planning and Building, addressed the City Council make the following report and requesting that the City Council approve a resolution that deals with the Comprehensive Plan of the City. As you know the Plan was adopted in January 2001. Since that time many things have taken place in the City — The City has issued more than 780 new single-family permits, for example. The strategies matrix in the rear of the Plan indicates that the City should reevaluate the Plan every year. Since 2001 the City has not reevaluated the Plan. It is time to revisit the Plan, not to throw it all out, but to see what aspects of it are working well and what may need to be revised to be more applicable. Additionally, the City has implemented more than 35% of the work tasks in the plan, it would also be prudent to reevaluate what the City needs to work on to make the plan a reality. There are also new ideas and initiatives that should be debated, such as economic development and an economic strategy for downtown. These are elements that could further buttress the long-term viability of downtown. The process should be public, transparent, and engage the citizens of Fairhope. It should follow the same process we utilized in 2000. The Planning Commission approved the Resolution at the August meeting. 9 August 2004 RESOLUTION NO. 1048 3372 WHEREAS, the City of Fairhope Planning Commission approved the Comprehensive Plan on 21 December 2000, and; WHEREAS, the City of Fairhope City Council approved the Comprehensive Plan on 29 January 2001; and, WHEREAS, the Alabama Chapter of the American Planning Association recognized the City of Fairhope in 2002 as having created the best plan in the State, and; WHEREAS, Section 6.2 Strategies Matrix indicates that the Plan should be reevaluated in the short term, every 2 years, and; WHEREAS, more than 780 new single family residential permits have been issued since the adoption of the Comprehensive Plan, NOW THEREFORE, be it resolved by the Planning Commission and the City Council of the City of Fairhope, Alabama that: 1. The City of Fairhope Comprehensive Plan be reevaluated in light of the growth the City is experiencing, and; 2. That the process be public, transparent, and actively engage the citizenry of Fairhope, just as the original process did, and; 3. The Plan incorporate new topics to be considered, such as economic development, downtown economic strategies, and others that will be identified by the Planning Commission, the City Council, and the public. The Planning Commission approved this resolution on the 2"a day of August 2004. Adopted by the City of Fairhope City Council this 9`h day of August , 2004. Timdthy M. gant, Mayor J Attest: d lifi• ����►� Geniece W. Johnso ity Clerk/ Treasurer 3373 9 August 2004 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute a supplemental agreement to contract for professional services between Barge Waggoner Sumner & Cannon, Inc. and the City of Fairhope for the H. L. "Sonny" Callahan Airport project. Seconded by Councilmember Anders, motion passed unanimously. RESOLUTION NO.1048 NOW THEREFORE, for and in consideration of the mutual benefit, the City of Fairhope and Barge Waggoner Sumner & Cannon, Inc., hereto agree as follows: The Engineer shall furnish and perform basic engineering services for the project development phase, design phase, bid phase and construction phase, as described in the General Provisions attached hereto and have a part hereof for the engineering project described below, plus other work which might be authorized by the City of Fairhope. A. BASIC SERVICES 1. Project Development and Design Phase Services for the following items of work: Relocation of Runway 0 1/ 19 — base bid Paving Marking to New Runway 0 1/ 19 Five New Taxiway Connectors New Partial Parallel Taxiway Lighting and Electrical Vault Apron Reconstruction Parallel Taxiway Overlay Bid and Construction Phase Services will be provided under the contract between the City of Fairhope and BWSC executed on October 27, 2001 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to execute a supplemental agreement to contract for professional services between Barge Waggoner Sumner & Cannon, Inc. and City of Fairhope for the H. L. "Sonny" Callahan Airport project. Passed, Adopted, and Approved this 9`h Day of August , 2004. fin• aTimhy M. ant, ayor Attest: W eniece W. Johnson, City Y,er reasurer 3374 9 August 2004 Councilmember Anders introduced in writing, and moved for the adoption of the following resolution authorizing Mayor Kant to execute the Fiscal Year 2004-Federal and State Grant Applications for Airport Improvement Project (AIP) 3-01-0029-006- 2004 H. L. "Sonny" Callahan Airport. This will be for the City of Fairhope's FY 2004- 2005. Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO. 1050 BE IT RESOLVED, by the City of Fairhope as follows: 1. That the City of Fairhope is authorized to make an application on the amount of one hundred five thousand, five hundred twelve dollars ($105,512) for airport improvement funding assistance from the State of Alabama Department of Transportation, for the purpose of undertaking a project to make improvements at the H. L. "Sonny" Callahan Airport. 2. That the application be submitted for and on behalf of the City of Fairhope by its Mayor who is authorized by this resolution to sign the application and any related forms or documents on behalf of the City of Fairhope 3. That the City of Fairhope is authorized to enter into an airport improvement funding agreement with the State of Alabama, acting by and through the Alabama Department of Transportation, for the purpose of undertaking a project to make improvements at the H. L. "Sonny" Callahan Airport, with partial funding provided by the State of Alabama. 4. That the agreement be executed in the name of the City of Fairhope for and on behalf of the City of Fairhope by its Mayor. 5. That the agreement be attested by the Operations Manager and the seal of the City of Fairhope affixed thereto. 6. That the authority of the City of Fairhope to enter into contracts with the State of Alabama has been reviewed by the City of Fairhope's attorney, and in his/her opinion, the City of Fairhope is duly authorized to commit the City of Fairhope to an agreement with the Alabama Department of Transportation. BE IT FURTHER RESOLVED, that the City of Fairhope hereby affirms that the local matching share of funds in the amount of one hundred five thousand, five hundred eleven dollars (S105,511) required for this agreement has been officially approved, placed into the budget of the airport and is available for expenditure upon execution of the State of Alabama's funding agreement and the start of the project. I, the undersigned qualified and acting as the Mayor of Fairhope, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City of Fairhope named therein, at a regular meeting of such body held on the 91h day of Au ug st , 2004, and that such resolution is on file in the office of the City of Fairhope. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 10`h day of August 2004. Adopted This 91h Day of August 2004. s J thy M. a , Mayor Attest: Ti Geniece W. Johnson, City erk/Treasurer 3375 9 August 2004 Christopher D. Baker, AICP Director of Planning and Building, addressed the City to explain Mrs. Betty Rejczyk's request for a Site Plan approval for a Bed and Breakfast at 202 South Mobile Street, Fairhope, Alabama (Generally located at the old Forsman Home Site at Fels and South Mobile Street). Mrs. Rejczyk is seeking to construct a bed and breakfast at the foot of Fels. This is the property that was recently rezoned from R2 to B3A, which allows for a B&B. The issues associated with this case are as follows: Building Height: The Planning Commission approved the height at 29' 10" which is below the 30' maximum. Parking: Off street parking is being provided. It will be shielded from the street by the landscaping. You may recall that much of the discussion when the property was rezoned centered around "lets not have a parking lot on S. Mobile St." Landscaping: The plans have been reviewed and approved by the City Horticulturist. Plans: Attached are elevations, landscaping, and a site plan of the project that the Planning Commission approved. All other requirements have been met or agreed to. The Planning Commission unanimously approved the request Mr. Baker recommends approval of this request. Councilmember Gentle moved to approve the Site Plan for Mrs. Rejczyk. Seconded by Councilmember Ford, motion passed unanimously. City Council reviewed an application for a Beer/Wine On/Off-Premises License by Randolph K. Williams, dba Red or White Wine, located at 110 South Section Street, Fairhope, Alabama. Councilmember Anders moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Christenberry moved to grant the request of Baldwin County Home Builders Association requesting permission to put up directional signs for their annual Parade of Homes scheduled for September 11, 12, 18, and 19, 2004. as long as the signs are picked up at the end of each weekend tour. Seconded by Councilmember Quinn, motion passed unanimously. 3376 9 August 2004 Mrs. Shirley M. Jones, President of Kensington Homeowners Association, Inc. addressed the City Council in opposition to the proposed Willie T's Chicken Restaurant, located on Lottie Lane, Fairhope, Alabama. Mrs. Jones and the residents of Kensington Court and residents in the surrounding area have the following objections to the Willie T's Chicken Restaurant Plan: Traffic - The flow of Fairhope Avenue traffic will be impeded as traffic enters Lottie Lane, especially as cars enter from the westbound lane. Traffic exiting the establishment using the proposed exit driveway into Fairhope Avenue would further impede the flow of traffic on the already overtaxed street. There is already an excess of driveways entering Fairhope Avenue in the vicinity. Our neighborhood's only entrances are into Fairhope Avenue and entering that street is already a problem. Noise — Plans call for a drive -up window located on the east side of the building. The electronic speaker systems normally serving drive -up windows are usually noisy. Some Kensington residents tell me they can hear every word spoken over the drive -up speakers of the bank located across the street from the proposed restaurant. The proposal would add a closer speaker causing noise at even later hours, as we understand the restaurant plans to operate until 9:00 p.m. nightly. Securi — Considering the late hours of operation, our residents fear that among the additional people attracted to the neighborhood there will be those with criminal intent. Currently, our residents fell safe walking their dogs on the street in front of their homes and in the alley behind their houses. This alley is very close to the fence separating our property from the proposed restaurant. Sanitation — Plans submitted indicate that a garbage bin would be placed very near our property. Some of our residents have lived near retail food outlets and have experienced unpleasant odors, rodents, roaches and even snakes because of the garbage storage. Could we be assured that the garbage would be hauled away on a nightly basis? Air Pollution — The kitchen exhaust, located on the roof, would be placed on the back third of the building, on the east side near our neighborhood property line. How could we not be breathing smoke and cooking odors during the long hours of daily operation? Exterior Lighting — Could we be assured that lighting is focused downward with no beams cast horizontally and upward? Would we be exposed to garish lighted signboards? 3377 9 August 2004 We have been reminded that Gaddy's Restaurant set a precedent for a restaurant when it operated at the other end of Lottie Lane. The back of Gaddy's restaurant was more than one hundred fifty (150) feet from our property. This was a small dine in restaurant opened for lunch only. There was no drive -up window. And speaking of precedents, let's look at Wendy's Restaurant on Greeno Road. Wendy's property abuts residential property. Wendy's has a drive -up window. Wendy's building is approximately seventy-five (75) feet from its back property line. It would be impossible to place the proposed chicken restaurant that far from our property line. Fairhope zoning ordinance, page 456, section 5.423, Uses Prohibited, indicates that consideration maybe given to findings of quote "Potentially noxious, dangerous or offensive to adjacent properties by reason of odor, smoke, noise, glare, fumes, gas vibration or likely of other reasons to be incompatible with the character of the district or adjacent districts." We understand that B-2 zoning allows from businesses. We think there are businesses with which we could co -exist. Compatible businesses may include florists, clothing stores, sporting goods stores, barbershops, beauty shops, or similar clean businesses. A fast food restaurant would be detrimental not only to our neighborhood but to everyone using the nearby portion of Fairhope Avenue. We have heard of people changing banks because of traffic congestion in the Lottie Lane, Fairhope Avenue vicinity. Aren't there other commercial properties available which are more accessible along Greeno Road where a fast food restaurant would be more likely to succeed? When considering this business in this location, please think about the effect is will have on our neighborhood and all who travel in the area. Mayor Kant thanked Mrs. Jones for their concerns and expressed that these concerns will be passed on to the Planning and Zoning Commission, for this item will be addressed by the P&Z on September 7, 2004. H. L. "Sonny" Callahan Airport Fairhope, Alabama AIP 3-01-0029-006-2004 Bid Opening July 29, 2004 Bid Tabulations on next page 3378 9 August 2004 Contractor Mobile Asphalt Co. Theodore, Al Hosea O. Weaver Sons, In. Mobile, Al John G. Walton Construction Co., Inc., Mobile, Al Esfeller Construction Co., Inc. Irvington, Al Base Bid $2,962,452.00 $3,431,306.99 $3,584,034.84 $3,288,487.37 Additive Alternate 1 $428,945.00 $403,582.25 $455,562.45 $453,093.57 Additive Alternate 2 $233,215.00 $228,496.10 $255,183.50 $281,543.38 Additive Alternate 3 $55,000.00 $53,649.80 $53,424.00 $58,814.40 Alternate Bid Item $187,590.00 $181,330.95 $180,568.87 $198,786.97 Base Bid + Alternates 1 $3,391,397.00 $3,834,889.24 $4,039,597.29 $3,741,580.94 Base Bid + Alternates 1 & 2 $3,582,212.00 $4,017,275.34 $4,254,500.79 $3,948,394.32 Base Bid + Alternates 1, 2, & 3 $3,637,212.00 $4,070,925.14 $4,307,924.79 $4,007,208.72 Base Bid + Alternates 1,2, & 3 $3,695,812.00 $4,117,262.45 $4,362,140.57 $4,067,995.62 Alternate Bid Item DBE Goal 11.95% 12.010.% 12.895% 12.895% 100.000% Base bid is for paving, lighting & marking of runway, parallel and connector taxiways Additive Alternate 1 is for apron reconstruction in the hanger area Additive Alternate 2 is for parallel taxi overlay Additive Alternate 3 is for the standby power system Alternate Bid Item is for LED taxiway lights and replaces a portion of the base bid if grant funds are received for it. This is why you cannot simply add the bid and alternates to get a total This is a five part bid - It is the recommendation of the Airport Board to accept the low bid of Mobile Asphalt. The acceptance of this bid is contingent on the approval of funding by the FAA. Councilmember Gentle moved to accept the low bid of Mobile Asphalt, Theodore, Alabama, for the Airport Project (3-01-0029-006-2004), provided all specifications are met and contingent on the approval of funds from the FAA. Seconded by Councilmember Ford, motion passed unanimously. 3379 9 August 2004 Mayor Kant recognized Boy Scout Dorriety with Troop 47. Mr. Dorriety is working on his Communication Badge. Councilmember Quinn 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 6:11 p.m. TifiloKy M. Khnt, May r I c�%j2l�Cv eniece W. Johnson�, ICI