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HomeMy WebLinkAbout04-25-2005 Regular Meeting3534 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, 25 April 2005. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. Councilmember Michael A. Ford and Mayor Timothy M. Kant were 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 Quinn moved to amend and to approve minutes of the 11 April 2005, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. **Correction to the April 11, 2005, minutes at the April 25, 2005, meeting.** : Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Ford moved for final adoption of Ordinance No. 1241. Seconded by Councilmember Christenberry, motion for final adoption passed by the following votes: AYE -Quinn, Christenberry, Ford, and Gentle. NAY-Stankoski. Council President Gentle inquired of the petitioner Sam Irby, attorney representing Dr. Yonge, if the Comprehensive Plan Steering Committee elects to look at this area for zoning change such as Hospital overlay zoning in order to remedy the non- conforming parcels in this area, would the owners of Gulf Art be agreeable to allow the rezoning of this parcel back to R1 if the usage of the property is grandfathered? Mr. Irby and Dr. Yonge were in agreement of this inquiry. ** End of Correction to the April 11, 2005, minutes. Councilmember Christenberry read a Proclamation for Municipal Clerks Week; afterwards Council President Gentle presented the following Proclamation to Geniece W. Johnson, City Clerk/Treasurer and Tyron Hoskins, Assistant City Clerk. 3535 25 April 2005 PROCLAMATION Municipal Clerks Week May 1 through May 7, 2005 WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and; WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and; WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and; WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. Now, Therefore, I, Timothy M. Kant, Mayor of the City of Fairhope, do recognize the week of May 1 through May 7, 2005, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Geniece W. Johnson and her Assistant Tyron D. Hoskins and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Mayor's Comments and Staff Reports: Christopher Baker, Planning and Building Director, and Glen LeRoy with Gould, Evans Goodman Associates, addressed the City Council to announce and encourage the citizens to attend the first of a series of Town Hall meetings to start the process of revisiting the City's Comprehensive Plan. The Town Hall meeting will be held at Centennial Hall at Faulkner State Community College in Fairhope at 7:00 p.m. Sherry Sullivan addressed the City Council to announce a forum on downtown Fairhope entitled "What's Next?" for downtown Fairhope to be held at the Nix Center on Friday, April 29'h from 8:00 a.m. to 11:00 a.m. 3536 25 April 2005 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Quinn introduced in writing a proposed ordinance requesting to zone the property of Charles K. Breland, Jr. to a Planned Unit Development (PUD) concurrent with annexation. This property is located at the Southwest corner of Nelson Drive and Heard Street, Fairhope, Alabama. Contains 22.23 acres more or less. 46-04-19-3-000-017.000 Somerbv Subdivision. Christopher Baker, Director of Planning and Building, explained that the Daniel Corporation is proposing to develop the Somerby of Fairhope on the "Breland Property" that the City had considered previously. The property contains approximately 22.23 acres and is proposing to be annexed into the City. The development is a "self-contained" senior residential community. The Commission recommended denial of a previous version on this development. The Council, at the developer's request, remanded the case back to the Commission. The Comprehensive Plan supports and does not support this proposal. It would support it because it is good clean economic development — a healthcare facility that will provide jobs to our community. However, the location, intensity, and compatibility with the existing neighborhood creates issues from the plan perspective. John Gorecki with Daniel Corporation addressed the City Council and gave an overview of the project. Mr. Gorecki stated that the project was downsized and a 100 foot natural buffer will outline the property. Mr. Gorecki also stated that the Daniel Corporation would set aside 10 acres of untouched wetlands as permanent reserve, and donate this land to the City or to whom ever would keep it as wetlands, and give $100,000.00 to the City to help develop a raised walkway. Council president Gentle opened the Public Hearing at 5:53 p.m • Fred Killon addressed the City Council expressing that he was opposed to filling in the wetlands. • Carson Nicholson resides at 19087 Scenic Highway 98 addressed the City Council expressing opposition of the re -zoning because of the increase of traffic and drainage problems. • Dick Lacy resides at 19303 Scenic Highway 98 addressed the City Council with concerns with added drainage problems that this project would cause. • Bill Mundy resides at 19340 Scenic Highway 98 addressed the City Council expressing that part of this development would be in his back yard, and would cause more drainage problems. Mr. Mundy stated that this project would be like putting Atlanta in his back yard. • Bobby King resides at 19530 Weston Lane addressed the City Council in opposition of the re- zoning. Mr. King expressed that this project would cause moisture, mosquitoes, and moccasins. • Arthur Edgar resides at 6112 Nelson Road addressed the City Council in opposition of the re- zoning. Mr. Edgar stated that he was told when he purchased his property that this property behind him was a wetland and would never be developed. 3537 25 April 2005 Council President Gentle closed the public hearing at 6:09 p.m. Councilmember Christenberry moved for immediate consideration in order to take immediate action. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn thought this was a great plan if done somewhere else. Councilmember Stankoski inquired if the developers had considered alternative locations. Mr. Gorecki expressed that they had considered Spanish Fort and Magnolia Springs, but the developers wanted to be in the heart of the walking path. Councilmember Christenberry expressed that he was impressed with the Daniel Corporation for trying to meet the objections of the people, but the property is the problem. Council President Gentle expressed that he must echo the concerns of protecting the neighborhood. Councilmember Quinn moved to deny the re -zoning request. Seconded by Councilmember Christenberry, motion to deny passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Christenberry moved to amend the printed agenda to allow item 15 (Request — Stacy Forbess — Skate park) and 17 (Request — Lang Floyd — Te discuss the intersection of Hwy 98 and the entrance of the Woodlands Subdivision) to be addressed next. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Stacy Forbess addressed the City Council requesting the city leaders to build a skate park for the children. A skate plaza would be a great way of keeping the children outdoors and active. Councilmember Christenberry moved to appoint Councilmember Quinn to look into getting a grant for this project. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Lang Floyd addressed the City Council to discuss the intersection of Highway 98 and the entrance of the Woodlands Subdivision. Mr. Floyd presented a petition to the City Council from the residents of the Woodlands in Fairhope that are concerned about the continuing increase in the volume and speed of traffic at the entrance to this subdivision. Because of the configuration of the intersection, many drivers do not observe or are unaware of the rules of the road as to who has the right of way. This causes dangerous situations, especially in the morning and late afternoon hours. 3538 25 April 2005 Mr. Floyd further expressed that accidents have occurred in which either the right of way was not followed or the traffic was so heavy that the drivers could not see oncoming traffic. Mr. Floyd requested that the State of Alabama and the City of Fairhope be pro -active and provide a traffic control at this intersection as soon as possible. Council President Gentle manned this request to the Street Committee to have the State Department of Transportation to look at this intersection. Councilmember Stankoski is the Chairperson of the Street Committee. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Christenberry introduced in writing Ordinance No. 1243, an ordinance requesting to zone the property of Barbara Corte to a Planned Unit Development (PUD) concurrent with annexation. This property is located North of Highway 104 and West of Highway 181 aka County Road 27, Fairhope, Alabama. Contains 95 acres more or less. 43-09-43-0-000-030.004 The Waters. Christopher Baker, Director of Planning and Building, explained that Pat Achee has made an application to annex and zone 95 acres as a Planned Unit Development. The property is currently located outside of the City. It will annex in via property that Barbara Corte owns. The development is proposed to be a low density single family project that is reminiscent of the Woodlands Phase 2. The issues associated with this request are as follows: Comprehensive Plan: The request is not contrary to the Plan. Setbacks: These are indicated on the site plan. Access: The property is proposing a singular access point to St. Hwy 181, with decel and accel lanes. They have setback the development to account for the proposed expansion of 181. Layout: The development is proposing stubs in several directions in an effort to reflect the spirit of the subdivision requirements. The layout, however, does not meet the subdivision regulations. The development should provide another stub to the South somewhere between lots 74- 82. This will allow a connection for the neighborhood to the South, when the property develops. This way the residents of the Waters will not have to get onto 181 in order to go South. They are also requesting to not pave the stubs. Building Height: The developer is proposing 35' to the ridge of the roof. 3539 25 April 2005 Lot Coverage: Proposal is 60%. Accessory Building: This has been provided and is attached. Flexibility: The developer is proposing to have the flexibility to increase or decrease lot sizes on the master plan by 10% without having to resubmit a PUD application. Planning Commission: Attached are the minutes of the Planning Commission meeting. They recommended unanimous approval and to provide a stub to the South between lots 75 and 81 and pave all stub streets. All other issues have been met or agreed to. STAFF RECOMMENDATION: To approve as requested and requiring the street tree and sidewalk requirements to be met at the time of preliminary plat and authorizing the Director of Planning and Building to determine the best location for the street ROW to the South. Robin Gregory and Mark Acreman with Volkert and Associates addressed the City Council to explain the project. Mr. Acreman asked the City Council to grant a variance to not pave the road stub outs for future development. Mr. Acreman stated that when paving the future road stub outs causes erosion at the end of the stub outs. The future road stud outs would be on the final plat along with any utility easements, and the homeowners would know that these are future road stub outs. Council President Gentle opened the floor for the public hearing at 6:53 p.m. • Frank Leatherbury representing Weeks Bay Watershed addressed the City Council supporting the approval of the variance. Council President Gentle closed the public hearing at 6:55 p.m. City Attorney Marion E. (Tut) Wynne expressed that the city experienced a problems with this before. If the roads are not there it would cause a problem later with property owners. Council President Gentle inquired if the petitioner would put monies in an escrow and trust? Therefore, in 5 to 10 years later there would be monies available for developing the future road stub outs if the new developers refuse to fund the stub outs. Mr. Acreman stated that they would be in favor of putting sidewalks in the future stub outs and post signage on the plat. The future road stub outs are located between lots 12 and 13, and 78 and 79. The future road stub out between lots 26 and 37 will lead to the damn. 3540 25 April 2005 Councilmember Christenberry inquired as to what would be the problem if the City is deeded the Right-of-ways? Councilmember Quinn explained that if the road is there when the buyer purchased the lots there is no problems. In order for the City Council to take immediate action, Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE - Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1243, by deleting the exit to the West and North, and install 5 foot sidewalks in the future through streets, use porous concrete for the sidewalks, and post signage for the future through streets. The future through streets and utility easement must be on the final plat. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. City Attorney Marion E. (Tut) Wynne exited the dais at 7:16 p.m. Councilmember Quinn introduced in writing Ordinance No. 1244, an ordinance annexing Windmere Homeowners Association, Inc. property (Private Driveway), located at Windmere Place Subdivision. 43-09-43-0-000-030.004. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1244. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1245, an ordinance annexing E. Key Irwin's property, located at 7078 Windmere Place, Montrose, Alabama. Contains .82 acres more or less. 43-09-43-0-000-030.006. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1245. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. 3541 25 April 2005 Councilmember Christenberry introduced in writing Ordinance No. 1246, an ordinance annexing Peter Vario, Jr. and Diana Vario and Fairhope Single Tax Corporation property, located at 20686 North Wood Street, Fairhope, Alabama. Contains .24 acres more or less. 46-06-14-0-000-001.832. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1246. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1247, an ordinance annexing John Patrick Haley, III and Shirley E. Haley property, located at 18467 Point Clear Court, Point Clear, Alabama. Contains .18 acres more or less. 46- 03-30-0-000-058.007. In order to take immediate action Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following voice votes: AYE - Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Christenberry then moved for final adoption of Ordinance No. 1247. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY - none. Councilmember Christenberry introduced in writing Ordinance No. 1248, an ordinance annexing Klumpp Family Limited Partnership and Fairhope Single Tax Corporation, located East of Highway 181, North of Blueberry Lane and North of Fairhope Avenue. Contains 11.07 acres more or less. 46-06-14-0-000-001.569 Arlington Farms Subdivision. In order to take immediate action Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY - none. Councilmember Quinn then moved for final adoption of Ordinance No. 1248. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1249, an ordinance annexing Franklin Thomas Taylor and Linda Kay Taylor property, located at 8450 Gayfer Road Extension, Fairhope, Alabama. Contains 1.26 acres, more or less, 46-05-16-0-000-003.002 and .34 acres, more or less, 46-05-16-0-000-004.000. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Stankoski then moved for final adoption of Ordinance No. 1249. Seconded by Councilmember 3542 25 April 2005 Quinn, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1250, an ordinance annexing Donna O. Blunt property, located at the Southeast corner of Ingleside Street and Greeno Lane. Contains 3.27 acres more or less. 46-04-20-1- 000-092.000. In order to take immediate action Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Quinn, motion for immediate consideration passed unanimously by the following voice votes: AYE -Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1250. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following voice vote: AYE- Quinn, Stankoski, Christenberry, and Gentle. NAY -none. Councilmember Stankoski, Chairperson of the Street Committee, and his committee reported on the request by the Men's Club of Homestead Village requesting a sidewalk along Plantation Boulevard (February 28, 2005). Jennifer Fidler and Christopher Baker recommended installing a pedestrian lane along the existing Plantation Drive. Plantation Drive is wide enough to add a pedestrian lane with the light reflectors, and this pedestrian lane will be properly marked. A resident of Homestead Village thought this was a good idea and more economical. The cost of this project will be approximately $1,000.00 and the funds will come from Public Works budget. Councilmember Stankoski moved to approve and implement the committee's recommendation. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Richard Hale, a resident at 303 Gaston Avenue, addressed the City Council to express concerns of the repeated flooding of his property at 303 Gaston and neighboring properties. Mr. Hale stated that employees of the Public Works Department have come out to look at the problem, but nothing has been done. Mr. Hale also stated that he was told that Gaston Avenue and White Avenue were not connected to the storm drains, and that the easement behind his house has not been maintained. Council President Gentle turned this issue over to Jennifer Fidler, Public Works Supervisor and Tommy Long, General Superintendent. Mr. Gentle further stated that the City of Fairhope has numerous problems around the city, but we will look into this. Councilmember Quinn moved to approve the request of Danny Coleman, Fairhope High School, requesting to use Bancroft Street on Friday, May 6, 2005, from 8:45 a.m. until 11:00 a.m. to race the Downhill Racers built by Year 1 Pre - Engineering students. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 3543 25 April 2005 Appointments to the Environmental Advisory Board - Councilmember Christenberry moved to appointment the following persons to the Environmental Advisory Board for a 3-Year term: Frank Leatherbury — to replace Dick Davis, who will remain involved as a non -voting associate member. 2. Dr. Jeanine Normand — to replace Cathy Golden, who is moving to Arkansas. 3. John Seeger — to replace Garland Sims, who will remain involved as an associates member. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Identification: "STEEL GAS PIPE 2" " Bids to be opened on: APRIL 6. 2005 At: 4:00p.m. Item Bid: 2 INCH STEEL GAS PIPE TO BE PURCHASED AS NEEDED. VENDOR: PRICE: DELIVERY: PORT CITY PIPE, MOBILE AL NO BID SUPERIOR PIPE, BIRMINGHAM AL NO BID CONSOLIDATED PIPE, MOBILE AL $2.95 5-7 DAYS EMPIRE PIPE, BIRMINGHAM AL $3.95 5-10 DAYS CENTRAL PIPE, JACKSON MS NO BID IT IS RECOMMED TO ACCEPT THE LOW BID FROM CONSOLIDATED PIPE MOBILE AL. WITH ALL SPECIFICATIONS BEING MET. STEVE SEAY, CLINT STEADHAM, GAS SUPERINTENT ASST. PURCHASING AGENT Councilmember Stankoski so moved to accept the low bid of Consolidated Pipe, Mobile, Alabama, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimotAy by voice vote. There being no further business to com� betre the City Counc�Lthe meeting was duly adjourned at 7:45 p.m. �� C. Gentle, Council President