HomeMy WebLinkAbout06-09-2008 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, 9 June 2008.
Present were Council President Robert C. Gentle, Councilmembers: Debbie
W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford, Mayor
Timothy M. Kant, and Assistant City Clerk Lisa A. Hanks. City Attorney Marion E.
Wynne was absent.
There being a quorum present, Council President Gentle called the
meeting to order. The invocation was given by Councilmember Stankoski. The City
Council and audience bowed their heads in a moment of silent prayer in remembrance
of the late Geniece W. Johnson. She served as City Clerk for 11 years. The Pledge
of Allegiance was recited. Councilmember Christenberry moved to approve minutes
of the May 27, 2008, regular meeting. Seconded by Councilmember Stankoski,
motion passed unanimously by voice vote.
Sherry Sullivan made the following announcements:
• Fairhope offers walking tours in June. In conjunction with the Alabama
Department of Tourism, the City of Fairhope will offer walking tours on each
Saturday in June. All tours begin at 10:00 a.m. from the Fairhope Welcome
Center and are free of charge. For reservations or information call 929-1466.
• Fairhope resident and local philanthropist Doris Chennell passed away this
weekend. Ms. Chennell was instrumental in the building and furnishing of the
James P. Nix Center. A memorial service will be held for Ms. Chennell at the
Nix Center on Wednesday, June 11 at 11 a.m. in the Doris Chennell Room.
Mayor's Comments and Staff Reports:
• Mayor Kant said that Geniece Johnson was a very good and dedicated
employee. In 1993, she was hired as Deputy City Clerk under Evelyn P.
Philips and then appointed City Clerk in 1997. She is truly going to be
missed. At a later date, we are going to invite her family to come -for a
presentation honoring Geniece.
W-TAJ
9 June 2008
• Mayor Kant addressed the City Council and mentioned that AT&T wants to
get into competition with Mediacom. We have been working on this
agreement for several months and it will be a 5% franchise agreement. He
asked the City Council to please read over the agreement and if you have any
questions please get in contact with either Gregg Mims or myself.
Diane Burnette, South Alabama Regional Planning Commission and vice
president, of the Alabama Planning Association addressed Mayor Kant and the City
Council and presented Mayor Kant with the 2008 `Distinguished Leadership Award
for an Elected Public Official." Mayor Kant was nominated for the award by the city
planning department. He received this award in May at the Annual Meeting of the
Alabama Chapter of the American Planning Association.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Quinn introduced in writing
Ordinance No. 1361. The Planning & Zoning Commission recommended approval of
this ordinance, an ordinance to rezone the property of The Groves at Point Clear, LLC
from R-5 High Density Dwelling Residential District to B-4 Business and
Professional District. This property is located on the south side of Fairhope Avenue,
just east of Hoffren Drive, Fairhope, Alabama.
Jonathan Smith, Planner reviewed the proposed ordinance:
STAFF INTERPRETATION:
The subject property is zoned R-5 (High Density Multi -Family Residential), the applicant is
requesting to rezone to B-4 (Business and Professional Office). The property is currently un-
developed. All associated owners/investors include: Richard Inge, Jimbo Yance and Matt
Sankey.
The lot dimensions of the subject property are 204' x 203', which calculates to be
approximately 41,412 square feet. As the property is currently zoned, the applicant is
allowed a density of approximately six (6) to nine (9) multi -family units (depending on site and
Zoning Ordinance constraints).
The B-4 zoning district is "intended to provide opportunity for business establishments of a
professional nature and is restricted to offices and businesses, which provide specific
corporate functions or professional services to the general public." (Article III, Section A. 14.)
The rezoning request is not contrary to the City of Fairhope Comprehensive Plan.
The land adjacent to the subject property to the north is zoned B-2 (General Business) and
south, east and west lies property zoned R-3 (High Density Single -Family Residential).
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9 June 2008
PLANNING COMMISSION RECOMMENDATION:
On April 7, 2008 the Planning Commission unanimously recommended the City Council
approve the request to rezone the subject property from R-5 to B-4.
Respectfully Submitted for Consideration,
Jonathan I. Smith B. Gregg Mims
Planner Planning Director
City of Fairhope City of Fairhope
Council President Gentle opened the Public Hearing at 5:42 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 5:43 p.m.
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 votes: AYE - Quinn,
Stankoski, Christenberry, Ford and Gentle. NAY - None. Councilmember Quinn
moved for final adoption of Ordinance No. 1361. Seconded by Councilmember
Christenberry, motion passed for final adoption by the following votes: AYE - Quinn,
Stankoski, Christenberry, Ford and Gentle. NAY - None.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Christenberry introduced in writing
Ordinance No. 1362. The Planning & Zoning Commission recommended approval of
this ordinance, an ordinance to amend the Planned Unit Development (PUD) for
Fairfield, Phase VI (Ordinance No. 1301). This property is located at the northeast
corner of Twin Beech Road and Boothe Road, Fairhope, Alabama.
Jonathan Smith, Planner reviewed the proposed ordinance:
STAFF INTERPRETATION:
Application History:
The applicant is requesting an amendment to the PUD approved on August 1, 2005. The
property is approximately 9.2 acres and is located at the corner of Boothe Road and Twin
Beech Road. At the time of original approval, the property was rezoned from R-3 to PUD. The
initial Master Plan consisted of 8 garden homes and 32 townhomes. On June 5, 2006, the
PUD was amended by the Planning Commission to 12 detached single family units and 20
attached townhomes (4 buildings with 5 units each).
The applicant is requesting to modify 15 (5 units in 3 buildings) attached town homes
units to 15 detached town home units along the west property line.
.P
9 June 2008
The investors associated with the development are as follows: Scott E. Williams, Brian Fink,
Beverly T. Williams, David S. Hyland, Scott Doll, Herman Roberts, Ed Erickson, and Nancy
Howard.
The issues associated with this request are as follows:
Comprehensive Plan: The amendment is not contrary to the Comprehensive plan.
Density: Density has not changed from the original plan
Land Use: The property will be residential only.
Housing Types: There are 15 detached single family residential units, 12 garden homes
and 5 attached townhome units.
Lot Size: The proposed mixed development will be of R-3 sized single family lots and multi-
family townhomes.
Drainage: The applicant has submitted a signed and sealed verification letter that this
modification will not impact the drainage plans as previously submitted.
PLANNING COMMISSION RECOMMENDATION:
On April 7, 2008, the Planning Commission voted to recommend the City Council approve as
requested.
Respectfully Submitted for Consideration,
Nancy Milford B. Gregg Mims
Planner Planning Director
City of Fairhope City of Fairhope
Council President Gentle opened the Public Hearing at 5:45 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 5:46 p.m.
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 votes: AYE - Quinn,
Stankoski, Christenberry, Ford and Gentle. NAY - None. Councilmember Stankoski
moved for final adoption of Ordinance No. 1362. Seconded by Councilmember
Christenberry, motion passed for final adoption by the following votes: AYE -
Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - None.
OXOMW- 1111:3
Councilmember Quinn introduced in writing Ordinance No. 1363. An
ordinance declaring a moratorium on the issuance of land disturbance permits for
activities that may result in the loss, fill or destruction of wetlands within the city
limits and the city's building permitting jurisdictional authority. 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 votes: Quinn, Stankoski, Christenberry, Ford and
Gentle. NAY -None.
Councilmember Quinn asked; how far out is the permitting jurisdiction. Mr. Smith
replied one and one-half miles, not as far as Weeks Bay. Council President Gentle
stated that the moratorium gives us the time to clean up our stormwater ordinances.
Mayor Kant said that the moratorium would be in place until October 15, 2008 unless
terminated earlier. This is to stop people from filling large tracts which move water
to neighbors.
Councilmember Christenberry asked whose responsibility is this. The Corps of
Engineers told the County they could not do this. Mr. Smith responded that the City
of Fairhope can pass regulations on their wetlands. This moratorium will allow us
time to clean up our ordinances on wetlands.
Councilmember Quinn asked if we could look at getting more bonding insurance for
coverage. Councilmember Ford stated that he was going to abstain because of timber
issues. Mayor Kant said that the powers come under the Police powers.
After further discussion, Councilmember Quinn then moved for final adoption of
Ordinance No. 1363. Seconded by Councilmember Christenberry, motion for final
adoption passed by the following votes: AYE - Quinn, Stankoski, Christenberry, and
Gentle. NAY - None. ABSTAIN — Ford.
Councilmember Stankoski moved to appoint Assistant City Clerk Lisa A.
Hanks as City Clerk. Seconded by Councilmember Christenberry, motion passed
unanimously by voice vote.
Councilmember Quinn introduced in writing, and moved for the adoption of
the following resolution, a resolution accepting the public streets, public right-of-way,
and all of Fairhope's public utilities within Steel Branch Subdivision for maintenance.
Seconded by Councilmember Christenberry, motion passed unanimously by voice
vote.
I M -/
9 June 2008
Resolution No. 1449-08
WHEREAS, the Owners of Steel Branch 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 2392-C, 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 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 Steel
Branch maintenance bonds for the public improvements 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 improvements indicated herein
for Steel Branch are hereby accepted for public maintenance subject to the bond
posted.
Adopted, this 9th day of June, 2008.
Attest:
Lisa . Hanks, City Clerk
M•
9 June 2008
Willie Williams addressed the City Council and requested help with the
residents of the Spring Run Apartments and their concerns. Mr. Williams reported to
the City Council that the letter he was requesting to be rescinded was never mailed to
the Alabama Housing Finance Authority. However, Mr. Williams told the City
Council that he had spoken to Cynthia Houston at the U.S. Department of Housing &
Urban Development and that the City of Fairhope needs to send a letter regarding
these issues to expedite their investigation. He stated that Mitchell Company
outsourced the apartment management to Miami Mar, Inc. who is violating the fair
housing laws and discriminating against tenants. Councilmember Quinn asked Mr.
Williams were we to write a letter to Cynthia Houston regarding the citizens'
complaints and this would start the investigations. Mr. Williams replied yes, the
letter would expedite the investigation. Council President told Mr. Williams that they
would read over the packet of information and have City Attorney Wynne draft a
letter for the next City Council meeting.
Councilmember Stankoski addressed the City Council and gave a report on
the Street Committee meeting held at 4:15 p.m. today.
• Bayshore Christian School traffic U.S. 98 and South entrance to Rock Creek:
This is a State Highway and it is out of our hands. This is an ALDOT issue.
• Patlynn Drive speed bump request:
The Police Department's recommendation: There were no problems observed with
the traffic flow or with speeders to warrant the need for a speed bump to be installed.
• Sunday morning church traffic congestion Section/Fels/White/Nichols area:
There are blind corners with the parking on the streets. We are going to place "No
Parking on Sidewalk" signs and the Police Department will monitor the area and look
at remedies for the problems/concerns of citizens.
• Sea Cliff request for speed bumps.
The problem with Sea Cliff is that half of the road is County owned and half of it is
City owned. We are not going to do anything at this time.
• Discussion: Change make up of Street Committee to delete councilmember, add
police representative, and two or more citizens.
We are looking at adding new members to the Street Committee: one Police
representative, one person from the Street Department, and possibly two citizens.
• Add On: Greeno Road and Live Oak:
Due to the time, we will discuss at a later date.
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9 June 2008
Councilmember Quinn moved to approve the purchase of 10 - 50KV single
phase padmounted transformers from HD Supply, Inc. (actual bid was approved on
March 6, 2008) for the electric system. Seconded by Councilmember Ford, motion
passed unanimously by voice vote. This purchase will be funded by Electric
Operating Funds.
Council President Gentle mentioned that he was used to seeing $1 to $2
million for each month, not $4 million in bills. City Treasurer Nancy Wilson told the
City Council that she had prepared the accounts payables in a different way this
month. She stated that every dollar we spend has to be voted on and normally the
amount from the green sheets, previously approved, are not listed. However, in the
"Spirit of Transparency," I have given you a complete picture with every dollar spent
during the month for the City. $4.0 million is what is budgeted each month.
After further discussion, Councilmember Christenberry moved to pay bills as
presented. Seconded by Councilmember Quinn, motion passed by the following
voice votes: AYE — Quinn, Stankoski, Christenberry, and Ford. NAY — None.
ABSTAIN — Gentle.
Councilmember Christenberry moved to address the following item not on the
printed agenda. Seconded by Councilmember Stankoski, motion passed unanimously
by voice vote.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Kant to accept the FAA Grant
for construction of hangar access taxiways, Phase 2; install Automated Weather
Observation System, Phase 2 at the H. L. "Sonny" Callahan Airport. The grant
amount is $95,111.00 - Project Number 3-01-0029-010-2008. Chuck Zunk explained
the details of the resolution and stated that the funding to the FAA was delayed by the
Federal Government and we did not receive the grant package until last week.
Seconded by Councilmember Christenberry, motion passed unanimously by voice
vote.
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9 June 2008
RESOLUTION NO. 1450-08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY TO
ENTER INTO A GRANT AGREEMENT WITH THE FEDERAL AVIATION
ADMINISTRATION FOR THE BENEFIT OF FAIRHOPE AIRPORT AUTHORITY
AND THE FAIRHOPE AIRPORT
WHEREAS, the United States of America acting through the Federal Aviation
Administration has offered to pay a maximum of $95,111.00 for airport development at the
H.L. ["Sonny"] Callahan Airport in Fairhope, being project number 3-01-0029-010-2008; and
WHEREAS, the purpose of this grant is to pay a 95% share of the allowable costs incurred in
accomplishing the construction of hangar access taxiways, phase 2; install Automated
Weather Observation System, phase 2 as more particularly described in the Project
Application dated May 28, 2008, at the H.L. ["Sonny"] Callahan Airport in Fairhope; and
WHEREAS, this offer of the Federal Aviation Administration is contingent upon acceptance
of the grant in accordance with its terms, namely and including, among others, the "Terms
and Conditions of Accepting Airport Improvement Program Grants" dated March 29, 2005;
and
WHEREAS, the grant application was originally processed with the recipient to be the City
of Fairhope, Alabama; and
WHEREAS, during the pendency of the processing of the grant, the City of Fairhope has
fully cooperated in the creation of a new entity to own and control the H.L. ["Sonny"]
Callahan Airport in Fairhope by the newly -created Fairhope Airport Authority; and
WHEREAS, the transferring of the properties and assets and liabilities concerning the H.L.
["Sonny"] Callahan Airport in Fairhope is still to some extent in progress; and
WHEREAS, the Federal Aviation administration retains the right to approve any such
transfer from the City to the Airport Authority of such assets and liabilities of and pertaining
to an airport such as H.L. ["Sonny"] Callahan Airport in Fairhope which has received and
retained grant money or assets from the Federal Aviation administration; and
WHEREAS, the process of getting approval of the transfer from the Federal Aviation
Administration is still ongoing and is not completed; and
WHEREAS, the deadline date for the receipt of the grant from the Federal Aviation
Administration is almost upon us; and
WHEREAS, some intermediate solution to these problems is in the best interests of all
concerned;
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9 June 2008
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City; in a
regular meeting of the City Council, that the Mayor be and he is hereby authorized to sign
and execute any necessary and appropriate documents so that the City can receive the grant
during this interim period, acting for and in behalf of the H.L. ["Sonny"] Callahan Airport in
Fairhope and Fairhope Airport Authority, so that pending and during the period when the
Federal Aviation Administration approves the transfer of the airport and the grants and
liabilities concerning the airport, this grant is not lost unnecessarily but is, instead, accepted
in accordance with applicable law and procedures.
Adopted this the 9th day of June, 2008.
ATTEST:
Lisa . Hanks, City Clerk
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:14 p.m.
1
Robei Gentle, Council President
Lisa . Hanks, City Clerk