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Home My WebLink About12-11-2006 Regular MeetingSTATE 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. 11 December 2006. 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 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 Father F. Stuart Shelby with St James Episcopal Church, gave the invocation. Councilmember Quinn moved to approve minutes of the 27 November 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: City Council President Gentle presented Police Chief Browning with a plaque from the Mayor Kant and the City Council for his dedicated service for the past 15 years to the City of Fairhope and Fairhope Police Department. Chief Browning has accepted a job with the Attorney General's office as Executive Investigator. • Mayor Kant presented Chief Browning with the following proclamation: COLONEL CHRIS BROWNING WHEREAS, CHRIS BROWNING, DURING THE FIFTEEN YEARS HE HAS SERVED THE CITY OF FAIRHOPE AS DISPATCHER, OFFICER AND THEN POLICE CHIEF, HAS SIGNIFICANTLY CONTRIBUTED TO THE CITY GOVERNMENT; AND WHEREAS, THE PERFORMANCE OF HIS DUTIES AND RESPONSIBILITIES AND HIS WORKING RELATIONSHIPS WERE ALWAYS CHARACTERIZED BY AN OBVIOUS DEDICATION TO GETTING THE JOB WELL DONE; AND WHEREAS, IT HAS BEEN COMMUNICATED BY CHRIS THAT HE INTENDS TO CONTINUE HIS CAREER AS A SPECIAL PROSECUTOR IN THE STATE ATTORNEY GENERAL'S OFFICE AND IS RESIGNING AS FAIRHOPE POLICE CHIEF. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF FAIRHOPE THAT WE EXPRESS OUR SINCERE APPRECIATION AND THANKS TO CHRIS FOR HIS SIGNAL CONTRIBUTIONS TO THE CITY AND HIGHLY COMMEND HIM FOR THE MANNER IN WHICH HE HAS CARRIED OUT HIS DUTIES AS A MEMBER OF THE CITY STAFF. BE IT FURTHER RESOLVED THAT WE BESTOW UPON HIM THE HONORARY TITLE OF COLONEL SO WHEN HE IS IN TOWN HE WILL CONTINUE TO RECEIVE THE RESPECT THE TITLE IMPLIES. 4016 11 December 2006 Chief Browning expressed that the past 15 years has been the best years of his life, and thanked the Mayor, City Council, co-workers and citizens for their support. Chief Browning also expressed that his transition is to be looked at as an extension to the City of Fairhope. Gary Grover, with the Historical Preservation Committee, gave a report on the Ninth Historical Homes Tour. Artist, Elizabeth Carrigan's sketches were presented to the homeowner participants for the Historical Homes Tour for 2006 Councilmember Ford introduced in writing Ordinance No. 1324, an ordinance to rezone the property of Little -Nichols Marketing, LLC from M-1 Light Industrial District to B-2 General Business District. This property is located at 335 South Greeno Road, Fairhope, Alabama. Parcel A Contains .95 acres more or less. Parcel B Contains .63 acres more or less. 05-46-05- 16-0-000-028.538 and 05-46-05-16-0-000-028.767. Fairhope Professional Park Subdivision Jonathan Smith, Planner explained the proposed ordinance. ZC 06-20 Request to consider the application of Craig Dyas of Little -Nichols Marketing, LLC for Re -zoning of M-I (Light Industrial District) to B-2 (General Business District). The property is located on the Northeast comer of the intersection of Greeno Road and Nichols Avenue. STAFF INTERPRETATION: The subject property is located in The City of Fairhope and is Zoned M-1 (Light Industrial District). The property contains approximately 1.78± acres (77,799 Square Feet). The applicant is requesting B-2 (General Business District) Zoning. The applicant has presented staff with a conceptual site plan for the property. The conceptual plan includes two (2) phases. Within the first phase of the plan, an 8,774 square foot building is shown, along with a 1600 square foot "Sub Shop" building. The building in the second phase does not have the square footage labeled. A copy of the conceptual plan is attached to this document Light Industrial zoned M-1 property surrounds the subject site, although many of the M-1 zoned properties are being utilized for commercial uses. Directly East of the site is Professional Park Drive and commercially used property. Greeno Road and commercial uses are to the west. Nichols Avenue and the "Deli -Depot' convenience store are located to the South, and North of the Site lies commercially used property. The issues associated with this request are as follows: Comprehensive Plan: Re -zoning the subject property from M-1 to B-2 is not contrary to the Comprehensive Plan. Surrounding Land Uses: Due to the nature of surrounding properties and land uses, Re -zoning the subject site to B-2 would ensure compatibility with surrounding properties and land uses. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the M-1 to B-2 Re -zoning request for the Northeast corner of the intersection of Greeno Road and Nichols Avenue. Respectfully Submitted for Consideration, Jonathan I. Smith B. Gregg Mims Planner Planning Director City of Fairhope City of Fairhope 4017 11 December 2006 City Council President Gentle opened the Public Hearing at 5:44 p.m. and closed at 5:45 p.m. No one present opposed the proposed ordinance. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No. 1324. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE- 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 accepting the Fairhope's public utilities within The Meadows at Point Clear Subdivision. The Streets and Right-of-way were not accepted due to the property being located outside the City limits. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1332-06 WHEREAS, the Owners of The Meadows At Point Clear desire to have all public utilities dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2296D, 2296E, 2296F, 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 Public Works Director 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 The Meadows At Point Clear maintenance bonds for the public utilities constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public utilities indicated herein for The Meadows At Point Clear are hereby accepted for public maintenance subject to the bond posted. Adopted, this 11`h day of December , 2006. ,M 11 December 2006 Councilmember Quinn moved to re -appointment Municipal Judge Haymes Snedeker for a two-year term. (January 1, 2007 — January 1, 2009). Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Councilmember Ford moved to appoint Michael Comalander as Police Chief to complete Chief Browning term. This term shall end 11/2008. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Quinn moved to reschedule the next Regular Council meeting to Monday, December 181h and reschedule the deadline date for submitting items for the December 181h agenda to Wednesday, December 13th due to Christmas Holidays. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Councilmember Christenberry moved to pay bills as presented. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Quinn moved to add the following item to the printed agenda. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution to stop all building permitting within the City of Fairhope and it's Police Jurisdiction along U.S. Highway 181 until the access management plan is received from Alabama Department of Transportation as requested. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 4019 11 December 2006 RESOLUTION NO. 1333-06 WHEREAS, the purpose of this resolution is to preserve the ability to implement the management access plan that the City of Fairhope has requested from Alabama Department of Transportation. WHEREAS, all approved projects as of December 11, 2006, along U.S. Highway 181 are exempted. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that the staff of the City of Fairhope is hereby instructed to stop issuing building permits to any properties abutting U. S. Highway 181 within the City of Fairhope corporate limits and it's Police Jurisdiction until the City of Fairhope receives the access management plan requested from Alabama Department of Transportation. Adopted, this 11 `" day of December , 2006. N"r Kant Mayor W. Johnson, Q#y—Clerk There being no further business to come before the City Council the meeting was duly adjourned at 5:57 p.m. Robert C. Gentle, Council President Johnson, City C