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HomeMy WebLinkAbout11-22-2004 Regular Meeting3440 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, 22 November 2004. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, and City Clerk/Treasurer Geniece W. Johnson. City Attorney Marion E. Wynne was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Wayne Smith, Purchasing Agent, gave the invocation. Councilmember Ford moved to approve minutes of the 8 November 2004, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously. Councilmember Christenberry and Mayor Kant presented a plaque to Judy Benton for her dedication as a Christmas Parade Volunteer. Ms. Benton has coordinated the parade for a number of years and stepped down this year. Tom Ellis, Tree Committee Chairman, presented Councilmember Mike Ford with a plaque for his hard work and dedication to the Tree Committee for many years. Councilmember Ford will no longer serve on this committee. Councilmember Stankoski will now serve on the Tree Committee. Tom Ellis, Tree Committee Chairman, presented Treasured Tree Certificates to the following: OWNER SPECIES CIRCUMFERENCE HEIGHT CROWN inches Feet SPREAD Bayview Place Live Oak 188 63 80 X65 Walter & Connie Brandt 88 8 Bay Breeze Lane Southern Magnolia 75 47 X 47 William & Paula Nelson 371 South Section Street Southern Red Oak 163 96 108 X100 Michael & Debbie Quinn 7172 Taylor Street, Montrose Live Oak 192 1 90 1 100 X 80 Dan & Lucy Sundbeck MorphMorphy Ave. & Bayview St Southern Red -cedar 84 64 50 X 46 Wintzell's Oyster House Live Oak 183 85 96 X 84 805 Mobile Street I Live Oak 258 90 112 X 110 3441 22 November 2004 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Ford introduced in writing an ordinance to re -zone the property of James and Alice Harris from R2-Single Family to P1-Parking. This property is located East of Young Street, South of Morphy Avenue, Fairhope, Alabama. Councilmember Quinn recused herself from the discussion and vote of this item for personal reasons. Christopher Baker, Director of Planning and Building, explained that Mr. Harris owns this 3.9 acre parcel of property that is currently zoned R2-Single Family. Thomas Hospital wishes to purchase the property to develop a parking lot for hospital employees. The proposed change is to P1-Parking. The issues associated with this request are as follows: Comprehensive Plan: The plan supports the request because it allows our local hospital to continue to grow and serve the medical needs of the community. It is also supported by the plan because the hospital is one of the City's primary economic development engines. The plan, however, would support less the notion of parking adjacent to residential uses, because of the incompatibility. Adjacent Property: The property to the North is R2; East is B4; South is R2; and West is R2. Drainage: Any development of a parking lot on this property would require engineering to meet the city drainage requirements. This was discussed with the engineer and they have indicated that the parking lot will be porous and that there will be underground detention. The drive aisles will be paved but where the vehicles park will be porous. Landscaping: The City landscape ordinance will have to be met and the plans approved before the issuance of any building permits. Lighting: We have instructed the engineer that the lighting requirements will be met. The hospital has indicated that lighting will be very similar to the lights used in the current parking facilities adjacent to Morphy. Access: This parcel will have 2 access points to Morphy. There is also the alternate access to Horn Lane, which gives people the opportunity to use another route. Planning Commission: The Planning Commission considered this request at the October meeting and recommended approval. 3442 22 November 2004 Staff Recommendation: This case is difficult. There are 2 competing interests: existing homeowners and their concerns over traffic, stormwater, lighting, etc... and Thomas Hospital which provides a much needed community service and major economic development impact to the City. The Hospital is proposing to use context sensitive design of the parking lot, as much as possible. The use of porous parking, keeping the large trees on the site, meeting the landscape requirements, and providing underground drainage that is over -designed proves these points. The Hospital provides a valuable healthcare service to the City and the region. It is also a primary economic development engine in the City. Not approving the request would make additional development, building, and healthcare services on the main campus more difficult. Thus, the recommendation is to approve this because of the large-scale positive impact a growing hospital has on the overall community and the region. Owen Bailey, Thomas Hospital Administrator, addressed the City Council to request approval of this proposed project. Mr. Bailey also explained that currently Thomas Hospital employees are being shuttled across Greeno Road to a leased parking area. Ray Moore, Project Engineer with Hutchinson, Moore & Rauch, addressed the City Council to explain the project and expressed that a natural buffer will remain around the proposed parking lot and as many trees as possible will be saved. Councilmember Ford inquired if Thomas Hospital acquired the property between Mr. Harris' property (Property currently being rezoned from 112-Single Family Residential to PI -Parking), and Mr. Borom's property would the hospital leave a 30 to 33 feet buffer between the single residential properties. Sam Irby, Project Attorney with Irby and Heard, addressed the City Council to explain that if the hospital acquired this property the Hospital Board could only use the property as residential or could sell the property as residential property. Louise Mapp a member of the Hospital Board also expressed that a buffer would remain in place between the residential area and the property if acquired. Council President Gentle opened the Public Hearing at 6:11 p.m. 1. John Borom a resident who lives adjacent to the proposed parking lot addressed the City Council in opposition of this project. Mr. Borom feels that this is not the only alternative that Thomas Hospital has. 2. Larry Green addressed the City Council to encourage the City Council to vote in favor of this proposed project. 3443 22 November 2004 3. Dr. Bill Goetter addressed the City Council in favor of this project. 4. Dr. Richard Roh addressed the City Council in favor of this project. 5. Dr. Lyn Young addressed the City Council in favor of this project. 6. Jerry Wainwright addressed the City Council expressing that he was not against the rezoning, but all of his family members are not in agreement with this project. 7. Rev. J. C. Dortch a resident of Horn Lane fears that the hospital expansion will eventually drive him from his home. 8. Shirley Scott, Rev. Dorch's daughter, requested that Thomas Hospital only think about the people that live on Horn Lane. 9. Frank Leatherbury expressed that Thomas Hospital is not here to run people out of their homes, and that the people on Horn Lane has been thought of throughout this process. 10. Mayor Kant speaking on behalf of himself is in favor of this proposed project. Mayor Kant stated that he have heard some concerns about traffic and drainage issues. Mayor Kant also stated that restrictions should be put in place for Horn Lane, and Horn Lane would have to be developed by the City. Public Hearing was closed at 6:36 p.m. Councilmember Christenberry inquired of Plan B if this project is turned down. It was expressed by Mr. Bailey that there was no Plan B. Councilmember Christenberry also inquired of the Mayor's statement that the City would improve Horn Lane. The City would have to assess the residents of Horn Lane or would Thomas Hospital pay for the improvements? Attorney Sam Irby stated that if Horn Lane was developed the hospital would work with the City on the improvements. Councilmember Gentle inquired if this would include all of Horn Lane or part of Horn Lane? Mr. Mapp questioned if the improvements were sidewalks. Mr. Mapp stated that Thomas Hospital would do what the people of Horn Lane wanted. In order to take immediate actions Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -none. Recused-Quinn. 3444 22 November 2004 Councilmember Ford then moved for final adoption of Ordinance No. 1231. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -none. Recused-Quinn. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Christenberry introduced in writing an ordinance to re -zone the property of Dossie Lee Johnson Wainwright from R2-Single Family to P1-Parking. This property is located at 663 Horn Lane, Fairhope, Alabama. Councilmember Quinn recused herself from the discussion and vote of this item for personal reasons. Christopher Baker, Director of Planning and Building, explained that Ms. Wainwright is the owner of this 15,000 sq. ft. lot on Horn Lane that is currently zoned R2-Single Family. Ms. Wainwright is requesting that this property be rezoned to P1-Parking to allow for a parking lot. Thomas Hospital wishes to purchase the property to develop a parking lot for hospital employees. The issues associated with this request are as follows: Comprehensive Plan: The plan supports the request because it allows our local hospital to continue to grow and serve the medical needs of the community. It is also supported by the plan because the hospital is one of the City's primary economic development engines. The plan, however, would support less the notion of parking adjacent to residential uses, because of the incompatibility. Adjacent Property: The property to the North is R2; East is 134; South is R2; and West is R2. Drainage: Any development of a parking lot on this property would require engineering to meet the city drainage requirements. This was discussed with the engineer and they have indicated that the parking lot will be porous and that there will be underground detention. The drive aisles will be paved but where the vehicles park will be porous. Landscaping: The City landscape ordinance will have to be met and the plans approved before the issuance of any building permits. Lighting: We have instructed the engineer that the lighting requirements will be met. The hospital has indicated that lighting will be very similar to the lights used in the current parking facilities adjacent to Morphy. 3445 22 November 2004 Access: A portion of Ms. Wainwright's lot will serve as access to Horn Lane. Thus, traffic will have the opportunity to ingress/egress by Morphy and Horn Lane. This will help to disperse traffic. Planning Commission: The Planning Commission considered this request at the October meeting and recommended approval. Staff Recommendation: This case is difficult. There are 2 competing interests: existing homeowners and their concerns over traffic, stormwater, lighting, etc... and Thomas Hospital which provides a much needed community service and major economic development impact to the City. The Hospital is proposing to use context sensitive design of the parking lot as much as possible. The use of porous parking, keeping the large trees on the site, meeting the landscape requirements, and providing underground drainage that is over -designed proves these points. The Hospital provides a valuable healthcare service to the City and the region. It is also a primary economic development engine in the City. Not approving the request would make additional development, building, and healthcare services on the main campus more difficult. Thus, the recommendation is to approve because of the large-scale positive impact a growing hospital has on the overall community and the region. Council President Gentle opened the Public Hearing at 6:51 p.m. The discussion of this public hearing was combined with the first public hearing. Public Hearing was closed at 6:51 p.m. In order to take immediate actions Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -none. Recused-Quinn. Councilmember Christenberry then moved for final adoption of Ordinance No. 1232. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following votes: AYE-Stankoski, Christenberry, Ford, and Gentle. NAY -none. Recused-Quinn. A 3-minute recess was taken at 6:53 p.m. The City Council meeting resumed at 6:56 p.m. Councilmember Christenberry introduced in writing a proposed revised Business License Ordinance. This ordinance will come before the City Council for final adoption on 13 December 2004. 3446 22 November 2004 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to make an application in the amount of $122,411.00 for the H. L. "Sonny" Callahan Airport for the T-Hangars, Utility Relocation, Corporate Hangars, Environmental Assessment, Land Acquisition, Terminal Buildings, Helipad, and Helipad Access Road. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO: 1078-04 BE IT RESOLVED, by the City of Fairhope as follows: 1. That the City of Fairhope is authorized to make an application in the amount of one hundred twenty-two thousand, four hundred eleven dollars (S 122,411.00) 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 City Clerk 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 twenty-two thousand, four hundred ten (S 122,410.00) 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 22"d day of November, 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 22nd day of November, 2004. ATTEST: Geniece W. Johnson, City Cl asurer k- aTithy M. nt, 11yor 3447 22 November 2004 Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant and Geniece W. Johnson, City Clerk/Treasurer, to work with The Frazer Lanier Company, Investment Bankers for the next 4 years. Seconded by Councilmember Ford, motion passed by the following votes: AYE-Christenberry, Ford, and Gentle. NAY -Quinn, and Stankoski. RESOLUTION NO: 1079-04 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Kant and Geniece W. Johnson, City Clerk/Treasurer is hereby authorized to work with The Frazer Lanier Company, Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public streets and public right-of-way within Quail Creek Phase 4-B for maintenance. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Resolution No. 1080-04 WHEREAS, the Owners of Quail Creek Villas Phase 4B desire to have all public streets and right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, as slide number 2178A and all Fairhope public utilities located in public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope 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 Quail Creek Villas Phase 4B 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 for Quail Creek Villas Phase 4 are hereby accepted for public maintenance subject to the bond posted. Adopted, this 22"d day Attest: Geniece W. Johnson, City Cler r-surer Em 22 November 2004 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, but to have the Park and Recreation Committee to work on the site, and for this issue to come back before the City Council to review financing this project. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO.1081 A RESOLUTION TO ESTABLISH SUPPORT FROM THE CITY OF FAIRHOPE FOR A MEMORIAL TO HONOR LOCAL VETERAN'S OF OUR NATION'S ARMED SERVICES: WHEREAS, The City of Fairhope has a large number of veterans living within its limits; and, WHEREAS, Fairhope is home to two American Legions Posts, a Veterans of Foreign Wars (VFW) Post, a Vietnam Veterans of America (VVA) Chapter, a Disabled American Veterans (DAV) Chapter, and a National Guard Armory and the 1165d' Military Police Company; and, WHEREAS, Fairhope Veterans Memorial Committee, Inc. has been established by local veterans and community leaders to establish a Memorial that honors the service of all American veterans, their unselfish, courageous, and dedicated devotion to the defense of the United States of America; and, WHEREAS, Fairhope Veterans Memorial Committee, Inc. is planning the design and construction of a Veterans Memorial in Fairhope, dedicated to those who have served, those who now serve, and those who have yet to serve; and, WHEREAS, Fairhope Veterans Memorial Committee, Inc., is engaged in fundraising activities in order to commission a Veterans memorial to be constructed on property owned by the City of Fairhope, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the City of Fairhope supports the Veterans memorial Committees efforts to invite submissions for the design and eventual placement of a Veterans Memorial in Fairhope and subject to the following conditions: The Fairhope City Council shall have the right to approve with a majority vote the acceptance of the design for the Veterans Memorial prior to fabricating the memorial and the exact location of its placement; The Veterans Memorial design concept shall be provided by the Fairhope Veterans Memorial Committee, Inc., and the committee and City shall work closely together to implement this design and to make any necessary adjustments; The City of Fairhope shall work with the Committee to develop the installation plan and schedule for the work to be placed in the vicinity of the West Central portion of founders Park as indicated on the attached aerial photograph of the site; The Veterans Memorial Committee through its fundraising efforts will pay for the construction of the memorial piece; The City of Fairhope shall be responsible for the site preparation, lighting and landscaping, accessibility for the handicapped and long-term maintenance, and security of the site; The City of Fairhope shall, upon completion and delivery of the Veterans Memorial, accept title to and assume ownership of the Veterans Memorial. ADOPTED THIS DAY THE 22nd DAY OF November 2004. Geniece W. Johnson, CityC surer 3449 22 November 2004 City Council reviewed an application for a Beer/Wine Off -Premises License by Tracey Daugherty dba Downtown Convenience Store, located at 505 Fairhope Avenue, Fairhope, Alabama. Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Identification: "Project No. TCSP-SP02 (913)" - Fairhope Multi -Modal Trail Bids to be received by: Nov. 10, 2004 at: 2:00 p.m. VENDOR BASE BID ALT-1 ALT-2 ALT-3 Beasley & Company, Brewton, AL $403,152.50 $51,615.00 $50,115.00 $63,585.00 Asphalt Supply, Theodore, AL $547,714.30 $71,517.90 $68,673.90 $90,854.60 Peavey Construction, Mobile, AL $414,340.00 $54,800.00 $53,900.00 $71,125.00 C. Thornton, Inc., Mobile, AL $442,448.40 $67,351.50 $66,267.50 $81,717.00 Bay South, Mobile, AL NO RESPONSE It is recommended to accept the low bid of BEASLEY & CO, Brewton, AL with all specifications being met. George Roberds, Roberds Construction Co. Wayne Smith, Purchasing Agent Councilmember Quinn moved to accept the low bid of Beasley & Company, Brewton, Alabama, for the Fairhope Multi -Modal Trail — TCSP-SP02(913), provided all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford moved to purchase the Police Department Jail Division a 1999 Ford Excursion from State Surplus Property, in the amount of $13,300.00. The Correction Fund will pay for this vehicle. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Mayor's Comments — Mayor Kant reminded the City Council that the bids for the new Library will be opened 23 November 2004. Rose Fogarty, Finance Director, gave a financial report for the Month of October 2004. No City Council action was required nor taken. There being no further business o dome before the City Council the meeting was duly adjourned at 7:48 p. Robert C. Gentle, ouncil President 5t /teaey'd;, 1,61 Geniece W. JoimsoVxRty Clerk/Treasurer