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HomeMy WebLinkAbout12-27-2004 Regular Meeting3462 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, 27 December 2004. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. No one 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 13 December 2004, regular meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Mayor's Comments: Mayor Kant encouraged the City Council to vote the Broadband Project up or down tonight. Mayor Kant stated that the City has spent to date $341,158.84 researching this project and would like for the City Council to vote on this project tonight. Mayor Kant expressed that he would support the City Council's decision either way. Mayor Kant stated that he would be nominating Haymes Snedeker for Municipal Judge. Ken Slade has decided to step down as Municipal Judge due to other commitments. Mr. Slade has served as Municipal Judge for the past 4-years. Rose Forgarty, Finance Director, gave a financial report for the Month of November 2004. No City Council action was required nor taken. Council President Gentle asked Councilmember Christenberry to report on the Temporary Vendor (Squatters) meeting. Represented at this meeting were: Chairperson Councilmember Christenberry, Downtown Merchants, Chamber of Commerce, Mayor Kant, and Councilmember Stankoski. Councilmember Christenberry, chairperson of the squatters committee, reported that the squatters committee met on Monday, December 20, 2004, at 4:00 p.m. With the new business license the squatters will have to pay $100.00 up from $35.00. At this time no other decision was reached. The squatters committee will meet again after Arts and Crafts in March 2005. Council President Gentle call on Bob Callahan with Callahan and Associates to address question by the Councilmember before the final vote on broadband. 3463 27 December 2004 Mr. Callahan addressed the City Council by stating the purpose of the broadband project. The City has a revenue problem and with the ruling on the Territorial Case (Electric Service) the City is unable to grow the electrical system. The citizens demand new services, and the population growth has caused an increase in the Police Department. Mr. Callahan further stated that the City is going to need a new revenue source. Councilmember Christenberry expressed concerns on the amount of authority that this ordinance gives to the Utility Superintendent, Mayor Kant. Councilmember Christenberry also expressed concerns on if the person hired to supervise the broadband services can do the job without the politics of the Mayor and City Council. Councilmember Ford expressed that this is the toughest decision that he had to make in all his years here, and wonder if voting this project down would cut the children's future. Council President Gentle expressed that he had worked on this project for the past 3- years, and the City wanted the following: 1. A utility to stand on its own. 2. The current billing system would have to change from a postcard bill to a bill enclosed in an envelope. 3. A utility that would generate revenue Councilmember Stankoski expressed concerns that the City has other issues that have to be settled such as: the new library, paying the balance of the internal loans of approximately $750,000.00, FEMA, not knowing the amount of monies that will be reimbursed to the city, and is the return in 4-years on the broadband worth the risk. Councilmember Quinn expressed that she helped lobby to make city -owned broadband legal. However, there have been a lot of technological advances, and Councilmember Quinn is not sure that the City could keep up with what is going on in the world. Councilmember Ford moved for final adoption of the Broadband Ordinance. (This proposed ordinance was introduced at the last regular City Council meeting 13 December 2004). Seconded by Councilmember Christenberry. The proposed Broadband Ordinance did not pass by the following votes: AYE -Ford and Gentle. NAY -Quinn, Stankoski, and Christenberry. 3464 27 December 2004 Council President Gentle announced that the City Council had received in writing from Ray Moore with Hutchinson, Moore & Rauch, LLC, a request that the Somerby Subdivision project be removed from the City Council agenda and returned to the Planning Commission to review revisions to the proposed Planned Unity Development. This was a scheduled Public Hearing for the request to zone Charles K. Breland, Jr., property as a Planned Unit Development concurrent with annexation. This property is located at the Southwest Corner of Nelson Drive and Heard Street, Fairhope, Alabama. (Somerby Subdivision). Councilmember Quinn moved to remand the Somerby Subdivision project back to the Planning and Zoning Commission. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Quinn introduced in writing an ordinance to zone McPhillips Land Company, LLC property as a Planned Unit Development concurrent with annexation. This property is located on the East side of Highway 27 at the intersection of County Road 44 and Highway 27, Fairhope, Alabama. (Stone Creek Subdivision). Christopher Baker, Director of Planning and Building, explained that Mr. Rance Rheel is representing several development partners in this request. Volkert Engineering is representing Mr. Rheel. This property contains approximately 174 acres and is proposed to be developed as a residential and light commercial project. The property is currently located outside of the City but is proposed to be annexed into the City and zoned as a PUD. The developers have elected a PUD because the street pattern, variety of lot sizes, and proposed commercial sites are different than the strict application that City zoning would allow. Nevertheless, the development does. embrace many of the concepts of the Comprehensive Plan and is reflective of the City's development vision. The issues associated with this case are as follows: Comprehensive Plan: The request implements much of the Plan. The development is right in the impact area for a neighborhood center as contemplated by the Plan. There are a variety of lot sizes, without too many of any one type. Light commercial and civic uses are planned up to 106,200 sq. ft. which is in the range allowed by the plan. Lots: The proposal is to develop 226 residential lots. The sizes range from 1 acre to 7,000 sq. ft. However, most of the lots are in the 13-18,000 sq. ft. range. Residential uses are also allowed over the commercial. There are 4 commercial lots proposed. 3465 27 December 2004 Setbacks: Setback information is indicated on the master plan. Pls. note that they vary depending on the lot size. Access: There are 2 primary cuts proposed to St. Hwy 181. The developer has been advised that ALDOT must approve the proposal because it is a St. Hwy. They have been in contact with ALDOT who have generally agreed to the 2 cuts in the proposed locations. Final engineering and approval will be made with the platting of the property. Drainage: The engineering firm has been advised that they will have to meet the City requirements with the platting of the property. General locations of the stormwater management system have been shown on the master plan. Traffic: The street layout is very creative and embraces the concepts established in the Comp. Plan of a variety of street typologies. Staff made comments during review of the project on providing more connections to adjacent property. The developer has provided additional connection points to the East and the South. Uses Permitted: The developer is proposing single family residential and light commercial (B 1 and 134) uses on the commercial lots indicated on the master plan. The commercial lots will be allowed to have 35 condo units. The commercial lots are proposed to have a maximum of 106,200 sq. ft. with a maximum footprint of 20,000 sq. ft. Building Height: The developer is proposing 35' and 40' for single family and the commercial lots, respectively. Landscaping: The developer has been advised that parking areas adjacent to ROW in the commercial lots shall meet the City perimeter landscape requirements. Lot Coverage: 60% residential, 50% commercial. This is applicable to the footprint only. Pedestrian Circulation: The developer has been advised of the sidewalk, street and tree requirement. Signage: The City sign ordinance will be met. Noise and Exterior Lighting: Nothing unusual is proposed with this development. Exterior Construction: Will generally include brick, stucco, and some vinyl. Nothing unusual proposed. 3466 27 December 2004 Fire Protection and Outside Storage: Nothing unusual proposed. This will be further refined with the site plan approval of the development of the commercial lots. Lots Sizes: This information is on the master plan. Accessory Buildings: The developer is proposing to allow garage apartments up to 650 sq. ft. The building cannot exceed the height of the principal structure and must match setback requirements, except for pool houses which can go within 5'of the property line. Wetlands and Creek: There are wetlands that run through the property. They are to be included in a conservation easement that the developer is currently working on. The wetland will be used as a passive recreational area. Commercial Development: The developer has been advised that development of the commercial lots will require site plan approval by the Planning Commission and the City Council before any permits can be issued. Planning Commission: The PC recommended approval and recommended that the rear lot lines of the estate lot be moved outside of the wetland area. STAFF RECOMMENDATION: To approve as requested since this is a village center that falls within the parameters established by the Comprehensive Plan. This is the City's 2"a village center. Staff is pleased that the concepts of the Plan that this community worked so hard on is being embraced and implemented by the development community. Robbin Gregory with Volkert & Associates, Inc. addressed the City Council stating that the property developers request that in lieu of stopping the rear property line at the delineated wetlands, the property line remain as requested and be extended to the creek through the delineated wetlands. In order to protect the wetlands from any violation of disturbance in accordance with Corps of Engineers, the upland area of the lot will have sufficient area to provide a building area for the principal structure and necessary accessory structures, in accordance with the City's amendment to the subdivision regulations. Additionally the developer will deed restrict that portion of the lot that is within the wetlands, which will prohibit any construction or violations of the Corps of Engineers permitting. Additionally the developer will provide a sign at each rear lot corner where the wetland line exists stating the wetlands boundary and referencing its restrictive use. 3467 27 December 2004 Additionally the developer will provide an article in the restrictive covenants that clearly describes the restrictive nature of filling or constructing within the wetlands Council President Gentle opened the Public Hearing at 6:36 p.m. 1. Frank Leatherbury addressed the City Council requesting that the developers and homeowners will work with Weeks Bay Estuary to educate the developers and homeowners on living next to wetlands. 2. Bob McGlothren addressed the City Council requesting that the City Council implement an impact fee for each lot of the Stone Creek Subdivision, because this development will effect the environment as well as the schools. Mr. McGlothren also requested that the City Council require the developer to implement trails, bike trails and horse trails within this development. 3. Harry Phillips addressed the City Council requesting that the detention ponds be design to withhold 5 to 10 year rain event. Steve Commander with Volkert and Associates Inc. stated that the detention ponds would be designed according to the City's regulations. Public Hearing was closed at 6:42 p.m. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption on the following recommendations for Ordinance No. 1238: • Approve the Planning and Zoning Commissions recommendations • Additionally the developer will deed restrict that portion of the lot that is within the wetlands, which will prohibit any construction or violations of Corps of Engineers permitting. • Additionally the developer will provide a sign at each rear lot corner where the wetland line exists stating the wetlands boundary and referencing its restrictive use. • Additionally the developer will provide an article in the restrictive covenants that clearly describes the restrictive nature of filling or constructing within the wetlands. Mi.2 27 December 2004 • The developers and homeowners will work with Weeks Bay Estuary to educate the developers and homeowners on living next to wetlands. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. A recess was taken at 6:44 p.m. The City Council meeting resumed at 6:48 p.m. Councilmember Christenberry introduced in writing Ordinance No. 1239, an ordinance amending Ordinance No. 1233, Business License Ordinance. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Stankoski, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Stankoski then moved for final adoption of Ordinance No. 1239. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following voice vote: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. 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 Municipal Workers Compensation Fund Inc, for the purpose of being insured for workers compensation risk. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. 3469 27 December 2004 RESOLUTION NO. 1086-04 RESOLUTION TO PARTICIPATE IN THE MUNICIPAL WORKERS COMPENSATION FUND, INC. NOW COMES, City of Fairhope, a municipal entity, and desires to participate in the Municipal Workers Compensation Fund, Inc., for the purpose of being insured for workers compensation risk. After due consideration with appropriate motion being made and seconded the following Resolution was adopted: RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE hereby joins the Municipal Workers Compensation Fund, Inc., for the purpose of obtaining workers compensation insurance coverage and authorizes its appropriate agent to sign such documents as necessary to complete said coverage. This Resolution adopted this 271h day of December , 2004. i0'• Kan Attest: Geniece W. Johnson, City C reasurer Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public streets for maintenance that were resurfaced by the Joint Resurfacing Project between the City of Fairhope and Baldwin County. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 3470 27 December 2004 RESOLUTION NO. 1087-04 Pursuant to Resolution No. 416-02, the City of Fairhope and Baldwin County entered into a Joint Resurfacing Project Agreement. WHEREAS, certain streets have never been accepted by the City of Fairhope, but the City of Fairhope has maintained these streets over a number of years; and, WHEREAS, the two agents agree to work on this Joint Resurfacing Project over the next three (3) years, each agent shall pay no more than $50,000.00 for asphalt each year, and the County shall also provide all equipment and labor each year at no additional cost to the City of Fairhope. WHEREAS, once the resurfacing of certain streets are completed the City of Fairhope shall maintain the completed streets fully. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the following streets shall be maintained by the City of Fairhope: BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the City of Fairhope shall pay half of actual cost of asphalt in the amount of $37,908.82. LOCATION GENERAL LOCATION ACTUAL COST ASPHALT ESTIMATED COST Chukker Off of Thompson Hall Road 3,984.25 1691.86 Parker Road Off of Greeno Rd and Main Street 17,477.51 10,150.00 Bay Meadows Off of Thompson Hall Road 13,455.29 12,615.00 Steeple Chase Off of Bay Meadows 3,181.86 1,691.86 Derby Lane Off of Thompson Hall Road 7,868.03 4,809.36 Wildoaks Montrose area 7,903.94 6,549.36 Clearwater Montrose area 2,365.42 1,087.50 Hillwood Montrose area 1,579.16 1,039.36 Rock Creek Drive East Montrose area 3,795.29 3,093.43 Hwy 104 — Scenic 98 Between Greeno Rd and Section Street 14,206.89 10,150.00 Total 1 $75,817.64 $52,877.73 ADOPTED THIS 271h DAY OF December , 2004. wr Ti thy M. ant, Ayor ATTEST: G niece W. Johnson, City Cler s rer OL 3471 27 December 2004 Mayor Kant nominated Haymes Snedeker as Municipal Judge for the next two years. Councilmember Ford moved to appoint Haymes Snedeker as Municipal Judge for the next two years. Seconded by Councilmember Christenberry, motion passed by the following voice votes: AYE-Christenberry, Ford, and Gentle. NAY -Quinn. Abstain- Stankoski Councilmember Ford moved to update Fairhope Police Reserve Unit by adding: James M. Cohenor, David D. Miller, Melvin R. Nelson, Jr., Bradford K. Deyton, and Allen B. Powell and by deleting: Timothy M. Lennicx. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Christenberry moved to reject all bids for the broadband project. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. The City Council will have a finance meeting on Tuesday, January 4, 2005, at 4:00 p.m., in the Conference Room at City Hall. The new municipal Judge Haymes Snedeker was introduced and will be sworn in at a letter date. Mr. Snedeker is with McCormick and Brown, LLC. There being no further business to come before the City Council the meeting was duly adjourned at 6:55 p.m. Ro ert C. Gentle, Council President Geniece W. Johnson, Ci leiOTreasurer