HomeMy WebLinkAbout12-12-2005 Regular Meeting3721
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. 12 December 2005.
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 Brady McLaughlin gave the invocation.
Councilmember Quinn moved to approve minutes of the 28 November 2005, regular
meeting. Seconded by Councilmember Stankoski, motion passed unanimously by voice
vote.
Mayor's Comments and Staff Reports:
• Tommy Faust, coach of the seventh, eighth and ninth graders Baseball team, introduced the Pirates
team members. The baseball team earned County Champion position this year. Mr. Faust also
thanked the City Council for their support.
• Jennifer Fidler, Public Worker Director, presented the City Council with a $500.00 donation from
The Garden Club. This donation will be used to replace roses in the rose garden.
• Councilmember Quinn announced that she was appointed Vice Chair of the National League of
Cities Steering Committee.
• Mayor Kant asked that the City Council check their calendars in order to have a financial meeting
in January 2006 to look over the first quarter reports.
• Dan McCrory, Water/Sewer Department Supervisor, reported that the Montrose Sewer Project is
behind schedule due to Hurricane Katrina. Mr. McCrory also reported that the cost of pipes has
increased since the hurricane, and all contractors are busy working out of town to restore services
in Mississippi. Mr. McCrory stated that at this time the best option for completing the Montrose
Sewer Project is to bid the project. Once an engineer is secured the option of completing Phase II
and III of this project will be explored.
• Mr. McCrory also reported that the Fish River area would be back in operation at a 100% by
tomorrow. A sewer line was connected to a water main by Baldwin County Sewer Service in error
earlier this year.
• Marion E. (Tut) Wynne, City Attorney, reported that the Mayor and City Council have exhausted
every avenue to control Wal-mart and large structure developers by:
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12 December 2005
o Placing additional requirements by way of an ordinance to address traffic and stormwater
issues for large structures.
o The City has looked into zoning, but the proposed Wal-mart is outside the city limits.
o The County has looked into creating a new district to address large structures.
o The tenant has not agreed to annex the proposed Wal-mart property.
• Mr. Wynne reported that the final draft of the Uniform Cable Franchise Agreement is before the
City Council for final adoption.
Mr. Wynne reported that Song Grove Subdivision might be a legal issue. However, procedure in
question on the Song Grove Subdivision is whether a public hearing should have been held for a
preliminary plat approval or not. Mr. Wynne stated that the law and case studies support both
ways: That a hearing should be held and that hearing does not mean a public hearing. Mr. Wynne
recommended that in the future the Planning and Zoning Commission should hold a public
hearing for all preliminary plat approval.
Cathy Donelson addressed the City Council to present her book entitled "Images
of America Fairhope".
Corporal Craig Sawyer addressed the City Council to present awards and
certificates to members of the Explorers Program and explained that the Explorer
Program is to law enforcement what ROTC is the military.
The following awards and certificates were presented:
Brady McLaughlin, Tenure Award, Law Enforcement Service Award, Boy Scout Eagle Award, Explorer of
the Year.
Andrew Har, Tenure Award, Law Enforcement Service Award, National Law Enforcement Explorers
Academy Award, Explorer of the Year
Aaron Lamplugh, Tenure Award
Robin Prater (Not Present) Tenure Award
Greg Gulbranson (Not Present) Tenure Award
Ross Malugani (Not Present) Boy Scout Eagle Award
Will Mohler, Certificate of Recognition
Brantley Ditto, Certificate of Recognition
Zach Lamplugh, Certificate of Recognition
James Araujo, Certificate of Recognition
Mike Seay, (Not Present) Certificate of Recognition
Andrew Har and Brady McLaughlin were named Explorer of the Year. This is the first
year of this program in the City of Fairhope.
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12 December 2005
A Public Hearing was held as advertised on a proposed ordinance to amend the
Zoning Ordinance No. 1253. Councilmember Ford introduced in writing Ordinance No.
1282 an ordinance to re -zone the property of John M. Johnson, III and Patricia K.
Johnson, and Fairhope Single Tax Corporation from R-2 Medium Density Single Family
Residential to R-4 Low Density Multi -Family Residential. This property is located at 52
North School Street, Fairhope, Alabama. The Planning & Zoning Commission
recommended approval of this ordinance. No one present was opposed to the
amendment. 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, Ford and Gentle. NAY -None. Councilmember Ford moved
for final adoption of Ordinance No. 1282. Seconded by Councilmember Christenberry,
motion for final adoption passed unanimously by the following voice votes: AYE-
Stankoski, Christenberry, Ford and Gentle. NAY -Quinn.
Summer Woodson, City Planner, addressed the City Council to answer
Councilmember Ford's inquiries from the 28 November 2005 regular City Council
meeting, as to how many units are allow on a 3 acre parcel. Ms. Woodson reported that
using the street frontage method of measurement, 78 units are allowed, and using the
square foot method of measurement, 48 units are allowed. Councilmember Ford and
Councilmember Quinn stated that they recall lowering the number of units per acre for
apartments after Arbor Gates Apartments were built. Councilmember Ford stated that he
recalls lowering the density from 12 units per acre to eight units per acre, and that this
needed to be looked into again. John Avent with Engineering Development Services
addressed the City Council stating that he once recalls allowing eight apartment units per
acre, but after looking at the new Zoning Ordinance with Ms. Woodson there was nothing
within the ordinance requiring this.
Mr. Avent further explained that his client would possibly develop duplexes or four-
plexes, which would then be sold. There would be 20 to 24 units built and is the one and
only concept being explored at this time, and that there would be 12 individual buildings,
but he could not make any promises at this time. Mr. Avent did promised the City
Council that Section Eight Housing will not be built on this property, and that they would
keep every tree possible on the property. Councilmember Christenberry moved for final
adoption of Ordinance No. 1283, an ordinance re -zoning Fairhope Trailer Court, Inc.,
property from R-1 Density Single Family (Non -Conforming) to R-4 Low Density Multi -
Family. This property is located on the East side of Greeno Road just North of Volanta
Avenue. Seconded by Councilmember Stankoski, motion for final adoption passed
unanimously by the following voice votes: AYE-Stankoski, Christenberry, Ford and
Gentle. NAY -Quinn. Councilmember Quinn felt that this request was too dense. This
ordinance was introduced at the 28 November 2005, regular City Council meeting, and a
Public Hearing was held.
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12 December 2005
Council President Gentle asked Ms. Woodson to provide a history on the Song
Grove Subdivision. This ordinance was introduced at the 28 November 2005 regular City
Council meeting, and a public hearing was held. Councilmember Ford expressed that the
City needed to tighten up on the rules and moved to remand the zoning request of Song
Grove Development, LLC, back to the Planning and Zoning Commission. The request is
to zone the property to R-2 Medium Density Single Family Residential concurrent with
annexation into the City of Fairhope. This property is located South of Nichols Avenue
and East of Booth Road, Fairhope, Alabama. Seconded by Councilmember Stankoski.
After further discussion, Councilmember Ford amended his motion to the following:
• Remand back to the Planning and Zoning Commission
• Planning and Zoning Commission have a public hearing according to Alabama
law.
• Look into the whole procedures followed from top to bottom for the Song Grove
issue
• Ascertain if the County signed off on this project and should the County have
signed off. The City does not want to be a part of what looks like contract
zoning.
Seconded by Councilmember Stankoski. Mr. Wynne stated that an argument can be
made either way to have a public hearing or not. However, Ms. Woodson and Mr.
Wynne agree that in the future a public hearing should be held in order to give the public
a chance to speak on the issues. The above motion passed by the following voice votes:
AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none.
Councilmember Christenberry moved for final adoption of Ordinance No.1284,
the amendment to adopt a Uniform Cable TV Franchise Agreement This proposed
ordinance was introduced at 28 November 2005 Regular City Council meeting.
Seconded by Councilmember Ford, motion for final adoption passed unanimously by the
following voice votes: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -
none.
Councilmember Quinn introduced in writing and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to amend the duration of the
Public Access Projects Agreement and to modify the projects from the original
agreement. This agreement is between the City of Fairhope and Alabama Department of
Conservation and Natural Resources, State Lands Division for the original purpose of
improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta
Avenue.
Jennifer Fidler addressed the City Council to report on the old projects listed under the
Public Access Projects Agreement, and to offer suggestions of other projects that may be
explored.
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12 December 2005
Old Projects under Public Access Project Agreement:
1. Renovate the Orange Street Pier
Status — Funds are no longer needed because FEMA paid for these repairs after Hurricane Ivan.
2. Gazebo at the end of Volanta Avenue
Status — Fairhope Yacht Club has requested to not encourage more public access.
3. Gazebo at the Pier Street Boat Ramp
Status — The project still needs to be done. The budget should be amended.
Two suggestions for the Public Access Project Agreement:
1. Sidewalk from North Section Street to the end along Volanta Avenue. Estimated cost $48,000.00.
There would be a 50150 match grant. The City would be responsible for $24,000 (may be in -kind)
and State cost would be $24,000.00
Ms. Fidler further stated that NOAA might not approve this project
2. Pavilion and bathrooms at Pier Street Boat Ramp. The estimated cost $50,000.00.
There would be a 50150 match grant. The City would be responsible for $25,000 (may be in -kind)
and State cost would be $25,000.00
After discussion, Councilmember Quinn moved to extend the duration of the agreement
and to modify the project to seek approval for the construction of a pavilion and
bathrooms at pier Street Boat Ramp. Seconded by Councilmember Stankoski, motion
passed unanimously by voice vote.
RESOLUTION NO: 1259-05
WHEREAS, the City of Fairhope entered into an agreement with the Alabama Department of
Conservation and Natural Resources, State Lands Division on March 1, 2004, for the purpose of
improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue.
WHEREAS, This project is funded by a grant in the amount of $25,000.00. The City shall be
responsible for a cash or in -kind match of $25,000.00. The scope of services is listed in detail as
Attachment A
WHEREAS, The Contractor shall commence performance on this Contract on March 1, 2004,
and shall complete performance to the satisfaction of Lands no later than June 30, 2006
(Amendment #2).
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12 December 2005
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor
Timothy M. Kant is hereby resolution authorizing Mayor Kant to amend the duration of the
Public Access Projects Agreement and to modify the project(s) from the original
agreement. This agreement is between the City of Fairhope and Alabama Department of
Conservation and Natural Resources, State Lands Division for the original purpose of
improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta
Avenue. The City will seek approval for the construction of a pavilion and bathrooms at
pier Street Boat Ramp.
APPROVED THIS THE 12t' DAY OF December , 2005.
M.
ATTEST
Geniece W. Johnson, erk/Treasurer
\- r,,14 ----
Councilmember Christenberry inquired, for the record, if the proposed gazebo at Volanta
Avenue was dead. Under this particular grant, the proposed gazebo project is dead.
Councilmember Ford moved to authorize a public works project known as Beach
Restoration at Pier Street Boat Ramp. The estimated cost of this project is approximately
$18,800.00. This project is also a part of NRCS — Emergency Watershed Protection
(EQP) Program — 2004 Hurricane Ivan. Seconded by Councilmember Christenberry,
motion passed unanimously by voice vote.
City Council reviewed an application for a Beer/Wine Off -Premises License by
Carl Douglas Deweese, dba Super Stop!, located at 22772 Highway 98, Fairhope,
Alabama (Formerly Jayco, Inc., located at Twin Beech Road and Greeno Road).
Councilmember Quinn moved to approve the issuance of the license. Seconded by
Councilmember Stankoski, motion passed unanimously by voice vote.
City Council reviewed an application for a Beer/Wine Off -Premises License by
Carl Douglas Deweese, dba Super Stop!, located at 18983 Highway 98 (Greeno Road),
Fairhope, Alabama (Formerly Jayco, Inc., located at Parker Road and Highway 98).
Councilmember Christenberry moved to approve the issuance of the license. Seconded
by Councilmember Quinn, motion passed unanimously by voice vote.
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12 December 2005
Bob Pope addressed the City Council requesting that the time for renewing the
lease at the Yardarm Restaurant and the Marina be extended until the Municipal Pier and
Marina are repaired; Hurricane Ivan 9/2004 and Hurricane Katrina 8/2005 damaged both
the Municipal Pier and Marina. Councilmember Ford moved to grant the request to
extend the lease time along with freezing the required payments until the Municipal Pier
and Marina are repaired. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Councilmember Stankoski moved to reschedule the next regular City Council
meeting from Monday, December 26 to Monday, December 19, due to the Christmas
Holidays. Seconded by Councilmember Quinn, motion passed unanimously by voice
vote.
STATE BID
GAS DEPARTMENT
TRUCK PURCHASE
Fairhope Public Utilities Gas Department wishes to purchase a Colorado Extended Cab Truck, which is
currently on the State of Alabama Bid Contract for this year. Money to purchase the vehicle will come
from Gas Operating Fund. It is recommended to purchase a Colorado Extended Cab Truck on contract No.
T191.
The total purchase price will be $12,873.32. Delivery will be from 8-12 weeks.
Wayne Smith, Purchasing Agent Robert Rohm, Assistant Gas Supt.
Councilmember Quinn moved to accept the state bid of Ben Atkinson Chevrolet, Inc.,
Tallassee, Alabama, for a 2006 Chevy Colorado truck for the Gas Department, provided
all specifications are met. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Councilmember Christenberry moved to pay bills as presented. Seconded by
Councilmember Ford, motion passed unanimously by voice vote.
There being no further business to come ore the City Council the meeting was
duly adjourned at 6:46 p.m.
Robert C. Gentle, Council President
Geniece W. Johnson, 0y erk/Treasurer