HomeMy WebLinkAbout06-13-2005 Regular Meeting3566
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, 13 June 2005.
Present were Presiding Officer, Councilmember Michael A. Ford,
Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry; Mayor
Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece
W. Johnson. Council President Robert C. Gentle was absent.
There being a quorum present, Presiding Officer Councilmember Ford called the
meeting to order. The Pledge of Allegiance was recited, and Councilmember Cecil
Christenberry, gave the invocation. Councilmember Quinn moved to approve minutes
of the 19 May 2005, regular meeting and the minutes of the 7 June 2005, special
meeting. Seconded by Councilmember Christenberry, motion passed unanimously by
voice vote.
Mayor's Comments:
• Jackie Frodsham with the Tree Committee presented a beautification plaque to Betsy Hunter and Nancy Fleming for
Pachana's located at 212 Fairhope Avenue. This plaque was not presented at the Arbor Day Ceremony in error.
• Mayor Kant recognized Councilmember Ford for receiving 20 plus years public service recognition at the Alabama
League Convention in Huntsville, Alabama, May 2005. Councilmember Ford has served as Councilmember for the City
of Fairhope for 23 years.
• Mayor Kant recognized Councilmember Quinn for serving on the Finance Committee. Councilmember Ford serves on
the Executive Committee for the State of Alabama and Mayor Kant serves on the Transportation Committee for the State
of Alabama.
• Chris Browning, Police Chief, reported that at 8:05 a.m. today Mr. Larry McDuff was riding his bike along Greeno Road
when he was struck by a vehicle and killed. The driver of the vehicle did not stop, but this afternoon the vehicle had
been located. The officers continue to investigate this hit and run accident. Chief Browning also reported that just two
years ago Mr. McDuff s wife was riding her bicycle along County Road 27, and was struck and killed.
• Mayor Kant called on Chris Gill with Hand Arendall LLC to report on the Surface Water Drainage Issues.
Mr. Gill reported that at the request of Mayor Kant he analyzed generally the City of Fairhope's responsibility, if any,
regarding construction and/or maintenance of surface or stormwater drainage improvements in the City and the impact of
those improvements on downstream property owners. There has apparently been some confusion in the past among
various members of the public regarding the City's responsibilities in this area, and the Mayor felt that clarification
would be appropriate.
While the City's responsibility may vary depending on the circumstances of any particular case, the general rules are as
follows:
l . WHERE CITY IS UPPER LANDOWNER
Where the City owns property or easement inside its corporate limits, it should not construct
improvements which accelerate, channel, or increase the natural flow of surface water onto a lower
landowner's property in such a way that damages his property. This doctrine is not based on a
negligence test, but rather derives from the common law right of a lower property owner not to be
injured by an upper property owner's interference with the natural drainage of water.
2. NO DUTY GENERALLY TO CONSTRUCT DRAINAGE IMPROVEMENTS
Generally, the City has no duty to construct or maintain drainage improvement to protect private
property owners within the City from damage caused by flooding or surface water runoff. However, if
the City does undertake to design, construct, and/or maintain surface water drainage improvement, it
must do so in a non -negligent manner. This rule may apply even where the City intermittently
maintains all or part of a drainage system owned or constructed by a private party.
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13 June 2005
3. ISSUANCE OF BUILDING PERMITS
Generally, the City should not be liable for issuing building permits to private developers whose
construction and/or improvements (buildings, parking lots, streets, drainage facilities, etc.) cause
increased surface water runoff and damage to lower landowners. As a matter of public policy, a City
cannot be the insurer of all private construction and development within the City. There is a dearth of
case law on this subject, but the above -stated rule seems to be the most common approach.
It is our understood that the City currently requires a private development to present a certification from
a professional engineer that surface water runoff has been adequately handled in the site plan before a
building permit will be issued. As a practical matter, the City should continue this requirement.
However, if the City participates with a private developer in the design of a drainage system, then the
City should do so in a non -negligent manner, as described above.
4. IMMUNITY
Under certain circumstances, the City is entitled to substantive immunity from liability in situations
where the imposition of liability would thwart the City's ability to provide necessary public services.
However, this analysis must be conducted on a case -by -case basis depending on the particular
circumstances.
Councilmember Stankoski inquired if the City is not liable and there is a flood, where is the person(s) flooded recourse
(in this case the residential). Mr. Gill answered that it's always the upper landowner and in just residential cases the
recourse would be the developer, engineer, and homeowners association.
Mr. Gill stated that the City is not obligated to construct or maintain drainage improvements to protect private property
owners within the City from damage caused by flooding or surface water runoff.
Mayor Kant also called on Rose Rogarty, Finance Director, to report that since 2000 the City of Fairhope has or will
spend $1,870,600.00 of drainage projects. This expenses does not include day-to-day ditch cleaning. Councilmember
Christenberry stated that these expenses are due to hurricanes, and the City is reacting and not being proactive.
• Mayor Kant addressed the City Council to report on an issue that is dear to his heart. The Single Tax Corporation
pledged $850,000.00 toward the completion of a new Fairhope Public Library. The donation included $250,000.00
immediately with the remainder to be paid out over the next six years. Mayor Kant stated that along with the pledge
came four stipulations. The stipulation of keeping the name of the library "Fairhope Public Library" is not a problem,
and the stipulation of having a prominent area such as a reading room set aside for FSTC to display their reading
materials is not a problem, but the following two stipulations are not agreed upon:
First — All members and lessees will receive free access to the library as long as the library exists. The City would be
divided into two classes. One class would have to pay for everything and the other class would not have to pay.
Secondly — In perpetuity the entire city block will be used for public use.
Mayor Kant stated that the governing body should make the decision for the City and not be told what to do by the
FSTC. The City has given 3-Millon dollars to help build the new library and property that cost the City I-Millin dollars.
His feeling is that it is time for the City to say no and stop and let it be known who is running the City.
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 re -zone the property of Betty Sikorowski from B4-Office and
Professional to B2-General Business. This property is located at 151 Bancroft Street,
Fairhope, Alabama.
Christopher Baker, Director of Planning, explained that Ms. Sikorowski has made a
request to rezone property from B-4 Business and Professional Office to B-2 General
Business in order to build a mixed -use retail and residential development. The property
is approximately 66 feet wide and 132 feet deep.
The case was presented at the May 2, 2005, Planning and Zoning Commission meeting.
The P&Z Commission has forwarded a favorable recommendation to the City Council.
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13 June 2005
Mr. and Mrs. Peter Sikorowski addressed the City Council requesting the rezone of this
property. Presiding Officer Ford opened the Public Hearing. No one present was
opposed to the amendment. This item will come before the City Council at the next
regular City Council meeting for final adoption.
A Public Hearing was held as advertised on a proposed ordinance to amend the
Zoning Ordinance No. 557. Councilmember Christenberry introduced in writing a
proposed ordinance to consider repealing the existing Zoning Ordinance and adopting a
New Zoning Ordinance
Chris Gill with Hand Arendall LLC and Christopher Baker, Director of Planning,
explained that staff has been working for some time on re -codifying the Zoning
Ordinance. The Ordinance was last re -codified in 1992. The map has not been updated
since 2002. The 1992 Zoning Ordinance is not even in digital form.
The proposed new Zoning Ordinance will be posted on the internet and is in digital
form. The Map has been converted from AutoCAD to our GIS System. This has been
a long process, but beneficial.
No property is being rezoned. Processes are not being changed. Area and dimensional
requirements are not being changed in existing districts. The requirements for set backs
are exactly the same. They are not changing anybody's zoning on the ground. Three
new village districts are being created, but they are in the ordinance only. They are not
being applied to any property.
Hand Arendall has reviewed the Ordinance and changes have been made as a result of
their review. The public notice procedure was prepared by Hand Arendall and has been
followed. The Planning and Zoning Commission recommended approval of the New
Zoning Ordinance at their May 2005 meeting.
Mr. Baker also explained the three new Village Districts:
• Neighborhood Village Center
• Community Village Center
• Village Residential Mix
Presiding Officer Ford opened the Public Hearing. Mr. Leon Chambers, a resident of
511 Patlynn Drive, addressed the City Council stating that he has not been able to view
the new Zoning Ordinance because Mr. Baker told him that a copy was in the Library.
The Library staff did not have a copy of this ordinance. Mr. Baker explained to Mr.
Chambers that a copy of the new Zoning Ordinance and map is filed in the City Clerk's
office. This item will come before the City Council at the next regular City Council
meeting for final adoption.
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13 June 2005
Councilmember Christenberry introduced in writing an ordinance proposing a
Right -of -Way Construction and Administration Ordinance. Chris Gill with Hand
Arendal LLC and Steve Seay, Gas Superintendent, addressed the City Council to
explain that this ordinance will cut down on companies digging in the City right-of-way
without the City's knowledge. They also explained that in order to implement this
ordinance fully a new full time person might have to be hired. Mayor Kant explained
that we would have to put this in the budget and recommended making the effective
date after the fiscal year ends. This item will come before the City Council at the next
regular City Council meeting for final adoption
Councilmember Stankoski introduced in writing an ordinance repealing Ordinance
No. 955 adopted March 16, 1994, and adopting a new Personnel Hand Book. Bryan
Seibt, Human Resource Director, addressed the City Council to explain the following
reasons for adopting a new Personnel Hand Book:
• Last revision in 1995
• Many changes in personnel and labor laws in last ten years. The new Policies and
Procedures reflect these changes
• Incorporate current "uncodified" policies into the handbook
Presiding Officer Ford questioned Attorney Paul Myrick as to if the section of the hand
book on not hiring tobacco users and monitoring all new hires for tobacco use whether
on or off duty legal? Mr. Myrick, who worked with Mr. Seibt on the new handbook,
stated that this is legal and was slowly catching on. This monitoring has never been
challenged in the courts. This item will come before the City Council at the next
regular City Council meeting for final adoption.
Councilmember Quinn introduced in writing and moved for the adoption of the
following resolution, a resolution accepting the public streets, public right-of-ways, and
all of Fairhope's public utilities within Arlington Farms Subdivision Phase I for
maintenance. Seconded by Councilmember Christenberry, motion passed unanimously
by voice vote.
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13 June 2005
RESOLUTION NO.1114-05
WHEREAS, the owners of Arlington Farms Phase I desire to have all public streets
and public right-of-ways dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama on Slide 2199-F 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, Alabama, 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 Arlington
Farms Phase 1 maintenance bonds 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 indicated herein for
Arlington Farms Phase I are hereby accepted for public maintenance subject to the bond
posted.
Adopted, this 13TH day of June , 2005
Attest:
Geniece W. Johnson, ty Clerk/Treasurer
3571
13 June 2005
Councilmember Christenberry introduced in writing and so moved for the
adoption of the following resolution, a resolution authorizing Mayor Kant to execute an
agreement between the City of Fairhope and Hutchinson, Moore & Rauch, LLC to
provide engineering services for the Emergency Watershed protection program for
Hurricane Ivan, NRCS Agreement No.: 69-4101-5-25. The engineering services will
cost approximately $28,500.00. Seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
RESOLUTION NO. 1115-05
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA that Mayor Kant is hereby authorized to execute an agreement between the
City of Fairhope and Hutchinson, Moore & Rauch, LLC to provide professional
Services for the United States Department of Agriculture Natural Resources
Conservation Service for an Emergency Watershed protection program for Hurricane
Ivan, NRCS Agreement No.: 69-4101-5-25. The engineering services will cost
approximately $28,500.00.
DULY ADOPTED THIS 13th DAY OF June , 2005.
y M. Kant Mayor
Attest:
Geniece W. Johnson, C' k/Treasurer
Councilmember Quinn introduced in writing and moved for the adoption of the
following resolution, a resolution accepting the donated property of Joe E. Overstreet.
This property is located on the South side of the corner of Johnson Avenue and Call
Street, West of 690 Johnson Avenue and adjacent to 657 Johnson Avenue. The
property contains .13 acres more or less. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
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13 June 2005
RESOLUTION NO. 1116-05
WHEREAS, Joe E. Overstreet, Lessee of said Fairhope Single Tax Corporation
property, hereby donates to the City of Fairhope, the grantee, all the real property
according to Plat of Record filed under Instrument no. 367646, Deed Book R 0725
Deed Pam of the Probate Records of Baldwin County, Alabama, and;
WHEREAS, this property is located on the South side of the corner of Johnson Avenue
and Call Street, West of 690 Johnson Avenue and adjacent to 657 Johnson Avenue.
The property contains .13 acres more or less.
Legal description of donated property:
Lot one (1), Block 8-N, Golf Course Subdivision and beginning at the NW corner of
Lot A, Block 8-N, run thence West, along the S r.o.w. line of Johnson Street, 88.2 feet,
more or less, to point "T" of the perimeter traverse of Bayou Charbon as shown on
aforesaid plat; run thence S 26-16 East, 44.8 feet to a point "S" of said traverse; run
thence South 89-59 East, 37 feet to point "R" of said traverse; run thence S 00-31 East,
70 feet to point "Q" of said traverse; run thence S 57-11 East, along said traverse line,
36.6 feet, more or less, to a point on the West line of aforesaid Lot A, Block 8-N, run
thence North, along said West line, 130 feet, more or less, to the point of beginning,
containing 0.13 acres, more or less.
WHEREAS, said property is to be used at the discretion of the City of Fairhope.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the Council accepts the donation
of colony property from lessee Joe E. Overstreet, containing .13 acres more or less
located on Johnson Avenue.
Adopted this the 13`h day of June 2005
In -
thy M. ant Mayor
Attest: i
eniece W. Johnson, City C r Treasurer
3573
13 June 2005
Christopher Baker, Director of Planning, explained that Corte and Brindley,
LLC requested approval of Site Plan Review of Rock Creek PUD-Lot 178 C. The site
is located on Rock Creek Parkway and is adjacent to the Rock Creek Sales Office.
Mr. Baker further explained that John Avent of Engineering Development Services,
LLC is representing Corte and Brindley, LLC in this request. The property is located in
Rock Creek subdivision on Rock Creek Parkway and is zoned PUD Commercial. They
are proposing a 2-story professional office building.
This site plan complies with Ordinance No. 1080 which outlines Site Plan Review
procedures and Ordinance No. 1103 which clarifies commercial uses allowed in the
original Rock Creek PUD.
This case was presented at the June 6, 2005, Planning & Zoning Commission meeting.
The P&Z Commission has forwarded a favorable recommendation to City Council.
Ordinance No. 1103 Compliance: Ordinance No. 1103 approved on 1/22/01 clarified
commercial uses permitted for the commercial property as outlined in the Rock Creek
PUD. Among several others, permitted uses include: Business and professional offices,
agencies and headquarters including the following types of services: doctors, dentists,
lawyers, architects, engineers, chiropractors, realtors, insurance financial institutions
and similar types.
Building Height and Building Square Footage: Maximum building coverage
permitted for this site is 35%. The actual total coverage for this project is 5.5% or 3,753
square feet of the 1.56 acre site. Maximum building height is 35' and there is no
restriction on size for office space.
Parking Requirements: Based on City of Fairhope Zoning Ordinance Parking
Regulations, 13 spaces are required. The original site plan included 20 spaces, but the
P&Z Commission asked that the number be reduced. The plan now has 16 spaces.
Drainage: This site sits adjacent to a flood zone. All surface drainage will be detained
in the detention pond on the east end of the site.
Landscaping: The landscaping plan will be approved by the City horticulturalist.
STAFF RECOMMENDATION:
To approve as requested providing the building use, size and height comply with City of
Fairhope Ordinance No. 1103 and the number of parking spaces have been revised as
requested by the Planning and Zoning Commission.
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13 June 2005
Councilmember Quinn moved to approve the Site Plan Review, and noted that there is
no covered parking as shown on the plans. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote.
City Council reviewed an application for a Special Retail License by Eddie
Etheridge, dba Xoxo Foundation, located at 1 Grand Blvd., Point Clear, Alabama
(Grand Hotel). Councilmember Quinn moved to approve the issuance of the license.
Seconded by Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Stankoski moved to Update Police Reserve Roster by adding
Charlene Barton. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Jacquelyn Kirk Dunnam addressed the City Council to request permission to use
the parking lot at City Hall to teach Dog Ownership 101 Class. The Class will be held
on Thursday evenings from 6:00 to 7:00 p.m. Councilmember Christenberry expressed
concern of using the City Hall parking lot especially on Thursday evenings. The
senior's cabaret dances are held weekly at the Civic Center on each Thursday. This
may pose a problem. Mr. Dunnam suggested using the parking lot at Public Works,
located at 555 South Section Street. Councilmember Christenberry moved to grant the
request to use the parking lot at the Public Works location. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
Councilmember Quinn moved to pay bills as presented. Seconded by
Councilmember Christenberry, motion passed unanimously by voice vote.
There being no further business to come before the City Council the meeting
was duly adjourned at 6:55 p.m.
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Michael A Ford, Presidin Officer