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HomeMy WebLinkAbout08-18-2004 Special Meeting18 August 2004 3380 NOTICE AND CALL OF SPECIAL MEETING Notice is hereby given of a special meeting of the City Council of the City of Fairhope, Alabama, to be held at the Fairhope Municipal Complex on Wednesday, 18 of August 2004, at 10:00 a.m., for the following purposes: 1. Resolution - Authorizing Mayor Kant to send two letters regarding the New Fairhope Public Library and certify to HUD that the environmental review has concluded a finding of no significant impact (FONSI) 2. Resolution - Authorizing Mayor Kant to take the necessary steps for getting an Attorney General's opinion on mitigation on Alabama Historical Commission. 3. Discuss and take the necessary action to rescind Resolution 804-01 dated December 10, 2001. CONSENT TO HOLDING OF MEETIN The undersigned members of the City Council of the City of Fairhope, Alabama, do hereby acknowledge service of the Notice and Call of Special Meeting herein above set forth and do hereby consent to the holding of such meeting at such tiipe in such place for the purpose set forth therein. Councilmember Anders was present at this Special Called Meeting, but did not consend to having the meeting. - r51- "IWK) I 3381 STATE OF ALABAMA )( COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in Special City Council Meeting at 10:00 a.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Wednesday, 18 August 2004. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. Councilmember Quinn was absent There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and Councilmember Christenberry, gave the invocation. Christopher Baker, Planning and Building Director, read the following material: • A timeline of events on Fairhope Public Library Downtown Historic District. These are events that Mr. Baker was involved with. • A letter from Mr. Lee Warner, State Historic Preservation Officer, dated August 4, 2004. A proposed letter to Mr. Lee Warner, State Historic Preservation Officer, stating that the City is offering to put a diorama in the new library of the pecan nut processing plant that explains the story about jobs and industrial development in 20`h century Fairhope. Furthermore, letter one (1) informs the State Historic Preservation officer that the City has written HUD and requested release of the grant funds for this project. Letter one (1) also explains why the "mitigation projects" suggested by Mr. Warner are not feasible, appropriate, or relevant. • A proposed letter to Ms. Linda Poythress, Regional Environmental Officer HUD -Georgia State Office, requesting release of the grant funds for the new Fairhope Public Library and to provide further information and explanation regarding the City of Fairhope's environmental certification of compliance. Councilmember Christenberry introduced in writing, and moved for the adoption of a resolution authorizing Mayor Kant to send the two (2) letters regarding the new Fairhope Public Library and certify to HUD that the environmental review has concluded a finding of no significant impact (FONSI). Seconded by Councilmember Ford. 3382 18 August 2004 Councilmember Gentle expressed that the full Council should look at trying to find a solution to this, but not to write a letter. Councilmember Gentle recommended that the Mayor and one of the Councilmembers should drive to Montgomery, sit eyeball to eyeball with Mr. Warner and resolve this. Mayor Kant expressed that he has tried to contact Mr. Warner several times, but has not received any returned calls from Mr. Warner until this special meeting was called. Councilmember Anders stated that a workshop should be set up immediately to work this out. Councilmember Anders further stated that she spoke with Mr. Warner and that putting a diorama in the new library of the pecan nut processing plant was not acceptable, but Mr. Warner was in agreement with restoring the Wolf Cottage. Councilmember Ford expressed concerns as to whether or not the sending of these letters would put off or possibly lose the funds for the new library. Councilmember Ford asked if sending a letter to Linda Poythress could be put off and to send a letter to Mr. Warner with a timetable placed in the letter, then meet with Mr. Warner immediately to get this straightened out. If things then are not straightened then send a letter to HUD. Councilmember Christenberry withdrew his motion. Councilmember Christenberry then moved to authorize Mayor Kant to write a letter to Mr. Warner and request in the letter that he would like to meet face to face and set a timetable, AND to not send a letter to HUD at this time. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to take the necessary steps for getting an Attorney General's opinion on mitigation on Alabama Historical Commission. Seconded by Councilmember Gentle, motion passed by the following votes: AYE -Gentle, Ford, Kant, and Christenberry, NAY -Anders Mayor Kant stated that this will let the Council know their rights, and will help with future grants. 3383 18 August 2004 RESOLUTION NO. 1051 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is authorized to send a letter, if necessary, to the Attorney General of the State of Alabama requesting the Attorney General's opinion regarding Alabama law on the following question: Does the Executive Director of the Alabama Historical Commission, acting on behalf of the Commission, have the power to order a municipality of the State to expend the municipality's funds on a project not accepted, undertaken or approved by the municipality in order to "mitigate" the demolition of a building, unrelated to the mitigation project, which was nominated by the Alabama Historical Commission for listing in the National Register of Historic Places? Adopted this 181h day of August, 2004. c tim6thy M. ant, ayor Attest: Gt/• Geniece W.Johnson, Ci Clerk/Treasurer Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution to clarify Resolution 804-01 approved December 10, 2001. Seconded by Councilmember Ford. 3384 18 August 2004 RESOLUTION NO. 1052 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: (1) As clarified at the City Council meeting of December 20, 2001, and reflected in the minutes thereof, the City Council, by adopting Resolution No. 804-01 on December 10, 2001, intended by such resolution only to authorize the execution of a contract between the City of Fairhope and a private consultant to conduct a survey of the historical significance, if any, of buildings and structures located within the Fairhope Downtown Central Business District. The Council did not intend by such resolution to authorize in advance the submission of such survey by the consultant to the Alabama Historical Commission for nomination to the National Park Service seeking the listing of the Fairhope Downtown Central Business District (or any structures or buildings located therein), in the National Register of Historic Places. To the extent that there is any suggestion or ambiguity in the language of Resolution No. 804-01 that the consultant or anyone else was authorized to nominate buildings, structures or districts to be listed in the National Register, then that portion of Resolution No. 804-01 is hereby rescinded. (2) The City Council objects to the submission and nomination by the Alabama Historical Commission ("AHC") of the Fairhope Downtown Central Business District (also referred to by the AHC as the "Fairhope Downtown Historic District") to the National Park Service for listing in the National Register of Historic Places. With respect to all properties owned by the City of Fairhope that might be considered of historical significance, the City Council reserves the right to vote on said properties in the future on a case -by -case basis for determination of whether any of said properties shall be nominated for listing in the National Register. (3) The City Council objects to the inclusion by the Alabama Historical Commission in its January 21, 2004 registration form submitted to the National Park Service for National Register listing of the property owned by the City of Fairhope and described as " #78. Schermer Pecan Company/Fairhope Nut Processing Plant." The City Council did not approve of the nomination of this building for listing in the National Register, and, in fact, the City Council believes that this former building did not meet the criteria for eligibility for National Register listing and that it should not have been nominated by the Alabama Historical Commission. Adopted this 181h day of August, 2004. c IM ' _ Tim y M. Jant, M or Attest: Geniece W. Johnson, Ci lerk/Treasurer 3385 18 August 2004 Councilmember Christenberry expressed concerns of the following items: 1. What is the Downtown Central Business District? 2. Resolution No. 804-01 calls for two public information presentations to take place that to his knowledge never took place. Cain O'Rear with Hand Arendall addressed the City Council expressing that Resolution No. 804-01, December 10, 2001, never authorized the submission of nomination by the Alabama Historical Commission, but this resolution only authorized Linda Nelson dba FuturePast to provide a survey of standing structures within the survey area, and prepare a National Register of Historic Places nomination. The minutes of December 20, 2001, clarifies the City Council action taken on December 10, 2001. Councilmember Ford asked Mr. Baker what areas are included within the Central Business District. Mr. Baker stated from memory that the Downtown Central Business District is one typical lot depth of Morphy Avenue to one typical lot depth of Church Street to one typical lot depth of Oak Street and from one typical lot of Bancroft Street. Councilmember Ford then pointed out that the old Nut Processing Building would not have been included in the DCBD The motion passed by the following votes: AYE -Gentle, Ford, Kant, Christenberry. NAY -none. ABSTAIN -Anders There being no further business to come before the City Council the meeting was duly adjourned at 11:51 a.m. timlo"thy M. ant, Mayor Gemece W. Johnson, Clerk/Treasurer