HomeMy WebLinkAbout08-09-2010 Regular Meeting5431
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday,gust 2010.
Present were Council President Lonnie L. Mixon, Councilmembers: Debbie
W. Quinn, Michael A. Ford, and Rick Kingrea, City Attorney Marion E. Wynne, and
City Clerk Lisa A. Hanks. Councilmember Daniel Stankoski and Mayor Timothy M.
Kant were absent.
There being a quorum present, Council President Mixon called the meeting to
order. The invocation was given by Associate Pastor Jeff Ingram, of First Baptist
Church and the Pledge of Allegiance was recited. Council President Mixon asked if
there were any corrections to the minutes from the 26 July 2010, regular meeting. He
then stated if there are no corrections, the minutes stand approved as written. Council
President Mixon then asked if there were any corrections to the minutes from the 26
July 2010, work session. He then stated if there are no corrections, the minutes stand
approved as written.
Rob Stankoski, along with his brother Clark, attended the meeting and gave an
update on his dad, Councilmember Dan Stankoski. Dan suffered a mild stroke on
Thursday evening but is doing well and is expected to make a full recovery. Mr.
Stankoski thanked everyone for their concern and they are not allowing visitors.
Council President Mixon mentioned the following two items:
1) Ken Eslava was thanked for all of his work on the BP Oil Spill.
2) Electric Department, Police Department and the Fairhope Volunteer Fire
Department were all thanked for their coordinated efforts on the power outage last
week; and the Police Department was thanked again for their prompt and diligent
action on the recent Young Street murder which led to the suspect turning himself
in.
Councilmember Kingrea addressed the City Council regarding "Where Do
We Stand" with the following issues:
1) Nichols Street Deck — City Attorney Wynne stated the deck was pending on the
Preliminary Injunction hearing.
2) Jubilee Lounge — status of hearing was questioned; Chief Press said he plead
guilty.
3) Public Works — Road painting kudos for 15 miles being painted.
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9 August 2010
4) Parking in front of Police Department — Parallel parking was recommended.
City Administrator Gregg Mims stated Neel Schaffer prepared the study and this
issue needs to be addressed.
Christopher Baker of HMR addressed the City Council regarding the Tiger II
Planning Grant. He mentioned that Baldwin County, Spanish Fort, and Daphne had
already passed and adopted resolutions. This is a competitive nationwide program for
planning funding with $75 million available. He explained the four main tasks:
Stormwater Regulation, Future Transportation Routes, County Road 13 Access
Management Plan, and Alternative Transportation Master Plan. This will be no cost
to the City. Mr. Baker stated he needed affirmative support from the City Council
tonight to proceed with the grant application.
After further discussion, Councilmember Ford moved to approve that the City of
Fairhope supports the application to be submitted by Baldwin County for the Tiger II
Planning grant. The purpose is to develop stormwater regulations based on a
watershed, regional wide alternative transportation plan including BRATS, and an
access management plan for County Road 13 from U. S. Highway 90 to U. S.
Highway 98. Seconded by Councilmember Kingrea, motion passed unanimously by
voice vote.
Councilmember Quinn addressed the City Council with an update on the
School Feasibility Study being done by Dr. Ira Harvey. She mentioned a public
meeting possibly on September 13, 2010. The updates to the Personnel Handbook
were questioned and City Administrator Gregg Mims replied this would be discussed
at the September work session. Councilmember Quinn also mentioned she would
like the sewer upgrades to be discussed at the next work session.
Councilmember Ford stated he was glad Councilmember Stankoski is doing
well.
City Administrator Gregg Mims addressed the City Council on the memo
from Chief of Police Press regarding the Young Street murder which recognized all
who helped with this issue; and stated Ken Eslava will give an update on the BP Oil
Spill.
The following is the memo regarding the Young Street murder:
5433
9 August 2010
VAJ
Fairhope Police Department
"On Beautiful Mobile Bay"
DATE: July 15, 2010
BA
TO: Distribution
FROM: Press, Chief
&II D:Prcss. Ph.D.
Dr. Bill D.
Fairhope Police Department
SUBJECT: Young Street Murder Investigation
On July 5, 2010, at approximately 1 a.m., the Fairhope Police Department received a
call of a shooting on Young Street. Upon arrival, the officers discovered that the
shooting suspect had fled the scene leaving a fatally wounded body lying in the road.
Additional police officers were immediately called out and a murder investigation
launched. Numerous resources were used and countless hours spent interviewing
-<
witnesses and searching for the suspect. As a result, on July 8, 2010, the suspect in
question turned himself in to the Fairhope Police Department.
I would like to thank all those who dedicated their time and resources toward this
investigation. Therefore, it is my privilege to commend each of you for a job well done
and for working together toward a common goal.
V.D. Drawer 429
lope, Alabama 36533
251-928-2385
251-990.0158 Fax
wwwcofalrhope.com
r>lnhvr m rmrkJlwryr
BDP/tdh
Distribution: Assistant Chief Terry Sanders
Sergeant Mike Crittenden
Sergeant Larry Sledge
Corporal Shane Nolte
Officer Ernest Bishop
Detective Stephanie Hollinghead
Officer John Morgan
Reserve Officer Brady McLaughlin
Dispatcher Gina Dennis
Captain Joseph Petties
Sergeant James Gilheart
Corporal Eric Johnson
Corporal Wendell Thomas
Officer David Hall
Officer Tervelle Lee
Officer James Nelson
Dispatcher Suzie Bozeman
Dispatcher Sheri Swartz
m Baldwin County Sheriff's Office
(� Baldwin County District Attorney's Office
Baldwin County Coroner's Officer
Mobile Police Department
Mobile County Sheriff's Department — K-9 Unit
U. S. Marshals — Mobile Office
Alabama Department of Forensic Science — Mobile Office
C: Gregg Mims, City Administrator
Councilmember Mike Ford
Councilmember Rick Kingrea
Councilmember Lonnie Mixon
Councilmember Debbie Quinn
Councilmember Dan Stankoski
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9 August 2010
Ken Eslava stated that the Pier Street Boat Ramp was now open; 27,000 feet of
containment boom has been decontaminated and will be stored in Theodore; 23,000
of new boom is being stored at the warehouse; and the City will now monitor short
and long term environmental impacts. Then, he read the following statement from
Bryan Prescott with the Alabama Emergency Management Agency:
Ken Eslava
From:
Bryan Prescott Ibryanp@ema.alabama.gov]
sent:
Monday, August 09, 2010 2:42 PM
To:
Ken Eslava; Tim Kant
Cc:
Jeff Byard
Subject:
BP Grant Money.
We have been informed by the Examiners of Public Accounts that they will be auditing the funding from BP
Oil to the State of Alabama. They are now compiling information from the Finance Department and do not yet
know when they'll begin or what procedures they may follow. We will hear more as the plan develops. The
Examiners Office stated that any unused funds held by the local governments should be returned to the state.
All grant funds delivered to the local governments must be utilized in accordance with the project applications
submitted and approved by ADEM and AEMA. If any grant funds have not been spent according to the project
applications, those funds should be returned to AEMA.
If any local government has any unused grant funds and has projects related to the Oil Spill, they should
submit their new project applications to AEMA to determine whether the project is in accordance with
the following oil spill documents.
The BP grant agreement with the State states that the funds must be used to pay or otherwise cover costs related
to the Event (OIL Spill). In addition, the AEMA grant agreements state: "to prevent, minimize or mitigate the
damage from the Deepwater Horizon Incident including any project management costs and equipment costs
associated therewith or any protective measures taken to prevent or respond to the oil spill."
NOTE: Section 6 of the Grant Agreement provides "The Grantee will give the Director of AEMA, the
Chief Examiner of Public Accounts, or any of their duly authorized representatives, access to any
pertinent books, documents, papers, and records of the Grantee to make audits, financial reviews,
examinations, excerpts, and transcripts. The Grantee shall send AEMA a report of disbursements of the
grant funds on an annual basis until the grant funds has been fully spent.
We interpret Section 6 to mean that the Grantee will send a report of disbursements to AEMA at the end
of each fiscal year.
If you have any question or comment, please call.
Bryan
Bryan K. Prescott
General Counsel
Alabama Emergency Management Agency
(205) 280-2209 work
(205) 351-1028 cell
(205) 280-2394 fax
1 *77*93 line
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9 August 2010
Questions were raised regarding outstanding debts and keeping additional boom. Mr.
Eslava replied the City owes approximately $27,000 to an outside contractor and we
need to declare the boom surplus in order to sell.
Councilmember Quinn reminded everyone about the Barbara Davis "Tomato
Lady" fundraiser being held Thursday evening.
Bobby Green addressed the City Council and reported on the Knoll Park
Restoration:
Knoll Park Restoration
What is Knoll Park?
Given to the citizens of Fairhope by the Fairhope Single Tax Colony, the park is a rare, remnant
of 'Sandhill Longleaf Pine Forest'. Such forests once dominated much of the Gulf Coast
landscape from New Orleans to Tallahassee, covering millions of acres. In its natural state, the
park would be characterized by the towering Longleaf Pine with an open understory of
herbaceous wildflowers alive with color in the Spring and the Fall.
Why is it endangered?
Today, Knoll Park remains one of Fairhope's treasures. Long-time Fairhopian's may take them
for granted, but to many newer residents the huge pines are unique, and have a rather exotic
character. However, some of its most remarkable components have diminished during the past
century. By 2006, even the towering pines were in danger. Though collectively quite healthy,
they were not reproducing, and there was not a single pine under fifty years old on site.
Wildflower populations had become almost insignificant. Mostly they clung to existence at the
bases of trees, and on the perimeter slopes..Liatris, asters, and a few others still flowered, but
there was a time when wild iris and some now -Federally -endangered plants flourished.
What is the aim of the restoration project?
The .Knoll Park Restoration Project, a. joint effort of the Fairhope City Council and Fairhope
Single Tax Corporation, aims to restore the site to a point much as it appeared to Fairhope's
Founders. The Founders understood the importance of large passive -use areas to a community.
There are precious few Southern Longleaf Pine remnants within urban settings, and the
restoration of Knoll Park would be a wonderful gift to future generations.
Why do yen keep burning it?
The Longleaf Pine Ecosystem is very fire -dependent. The pines themselves depend on fire to
create a good seedbed and eliminate vines and brush that would stymie seedling establishment.
Many populations of Herbaceous plants require the same conditions for regeneration and growth.
The project committee consulted foresters and botanists about methods for restoring the native
plant populations. These specialists recommended a series of controlled burns, aiming toward a
self-sustaining ecosystem. The committee initiated a. series of such burns in 2007. The burns are
done with permission and participation from the Alabama Forestry Commission and the City.
How successful have you been?
Over 140 species of trees, shrubs, and wildflowers now have been found and identified within
Knoll Park. That number indicates an incredible diversity over a relatively small area. Some
herbaceous species seen here are rare or no longer extant elsewhere in Fairhope. Of particular
interest are some thirty specimens of the orchid species Spiranlhes praecox. Consultations with
native plant experts have led to rc-introduction of lost herbaceous plants which botanists would
expect to be on this type site. Over 700 such plants have been planted throughout the park by
volunteers. The controlled burns, coupled with a brush removal program within the park, have
yielded thousands of tiny longleaf pine seedlings throughout the park.
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9 August 2010
How can we see the park?
A simple series of bark paths lead visitors to a central gathering area at the knoll of the park
which gives one a spectacular view of Mobile Bay as well as an expansive view of the park. We
ask visitors to keep to the paths while the fragile surroundings recover.
What's next?
A simple parking area is planned for Bayview Avenue. Interpretive signs explaining the history
and ecology of the park will be added. It is envisioned that the park becomes a teaching tool for
area schools, as well as a place for Fairhope citizens and out-of-town visitors to see what the
historic Sandhill Longleaf Pine Forests were like in the Founders' day.
How can we help?
Vigilance and patience. To be truly restored, Knoll Park must remain a passive -use area. It is
difficult for modern man to see a piece of real estate and not place a monument to himself upon
it. It will take continued stewardship and dedication shown by the Fairhope Single Tax Colony,
City Of Fairhope, and the many volunteers who have helped with the project.
There is no other place in Fairhope where the harmony of truly natural surroundings can be
more appreciated for its simple splendor. We have a golden opportunity to salvage a remnant of
that beauty that drew our founders here more than 100 years ago.
THE FAIRHOPE SINGLE -TAX COLONY (ORIGINAL DONOR OF THIS AND OTHER PARK LAND IN
FAIRHOPE) AND THE CITY OF FAIRHOPE ARE THE PRINCIPAL SPONSORS OF THE RESTORATION
PROJECT. COLLABORATORS INCLUDE THE WISTERIA GARDEN CLUB, THE FAIRHOPE TREE
COMMITTEE, AND THE ALABAMA FORESTRY COMMISSION. PLANT SPECIALISTS GENA TODIA,
HARRY LARSEN AND FRED NATION 14AVE IDENTIFIED THE MANY PLANT SPECIES AT THE SITE
AND HELPED IN OTHER RESTORATION WORK. MEMBERS OF THE KNOLL PARK RESTORATION
COMMITTEE HAVE PLANNED AND CONDUCTED MUCH OF THE WORK ALSO. THEY INCLUDE MAC
McCAWLEY (SINGLE TAX COLONY PROJECT CHAIRMAN), BOBBY GREEN (LANDSCAPE DESIGNER
AND NURSERYMAN), LIBBY McCAWLEY (MASTER GARDENER AND ARTIST), DOT YEAGER
(REALTOR), MAE MOSS PARKER (WISTERIA GARDEN CLUB), JOHN PATE (GENERAL
CONTRACTOR), TOM ELLIS (FAIRHOPE TREE COMMITTEE), MIKE FORD (REALTOR AND CITY
COUNCILMAN), PEGGY DYSON (LOCAL TEACHER AND BOTANIST), AND JENNIFER FIDLER
(FAIRHOPE CITY HORTICULTURIST).
Special (hanks to John and.hihe fate who have contributed a great deal of time and monies In
the project; r1ectrical Superintenciant, Scott Sligh; the Fairhope iVohinteer Fire Department;
and all the supportive immediate neighhors of Knoll Park.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Kingrea introduced an ordinance to
rezone the property of Maria Gilheart and Laticia Peralez from R-2 Medium Density
Single Family Residential to B-2 General Business District. The Planning
Commission decision was an unfavorable recommendation of this ordinance. This
property is located at 20132 State Highway 181, Fairhope, Alabama.
Jonathan Smith, Planning and Building Director, explained the proposed ordinance:
5437
9 August 2010
STAFF INTERPRETATION:
The property consists of one residential lot and is located in the City of Fairhope. It is
currently zoned R-2. The lot is approximately 64,565 sf. The applicant is requesting a
rezoning from R-2 to B-2.
The investors associated with the development are as follows: Maria Gilheart and Laticia
Peralez.
The property is bordered by RA zoned property to the north, R2 zoned property to the east
and south, and R1 zoned property to the west. The B-2 zoning designation represents the
General Business District. This district is intended to provide opportunity for activities
causing noise and heavy traffic, not considered compatible in the more restrictive business
district. These uses also serve a regional as well as a local market and require location in
proximity to major transportation routes. Recreational vehicle parks, very light production and
processing activities are included.
It is staff's opinion that the B-2 zoning for the subject property is not compatible with the
zoning designations of surrounding properties. There are no commercial properties
contiguous with the subject property.
PLANNING COMMISSION RECOMMENDATION:
The application was heard on June 7, 2010. The Planning Commission unanimously voted to
deny the request to rezone the subject property from R-2 to B-2.
Respectfully Submitted for Consideration,
Nancy Milford Jonathan I. Smith
Planner Director of Planning and Building
City of Fairhope City of Fairhope
Council President Mixon opened the Public Hearing at 6:40 p.m.
1. Jack Rousso, 143 Club Drive, addressed the City Council and stated he was not
against the rezone, but this could be the start of more without a good zoning plan.
This could be continuous on the North side and we should not spot zone.
Jonathan Smith mentioned the domino effect and that is what they looked at.
Councilmember Kingrea asked about zoning in the future. Mr. Smith replied a great
deal of these properties are unzoned and is our concern with that area. We need to
look at these case by case.
2. Maria Gilheart, property owner, addressed the City Council stating they are having
a hard time selling the property as residential since it is near Wal Mart. It was
mentioned other neighbors want to rezone too, but do not have the money for the
application.
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9 August 2010
The Public Hearing closed at 6:44 p.m.
In order to take immediate action Councilmember Quinn moved for
immediate consideration. The motion failed for lack of a Second. This proposed
ordinance will lie over until the next regular City Council meeting.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Quinn introduced Ordinance No.
1428; an ordinance to amend Article IV Site Designs Standards, Section G. Signs.
The Planning Commission decision was a favorable recommendation of this
ordinance.
Jonathan Smith, Planning and Building Director, explained the proposed ordinance:
STAFF INTERPRETATION:
On December 7, 2009 the Planning Commission established a Sign Ordinance Committee to
review the City's Sign Ordinance and discuss possible revisions. The Sign Ordinance
Committee consists of Bob Clark, Jennifer Fidler and Jonathan I. Smith. The Committee met
on Wednesday, March 21, 2010 and staff reported the results of the committee meeting at
the May 3, 2010 Planning Commission meeting.
With the guidance of the Sign Ordinance Committee, staff has prepared several amendments
to Article IV, Section G. (Signs) in the Fairhope Zoning Ordinance. The amendments are part
of some Zoning Ordinance clean-up efforts as well as efforts to assist business owners
throughout the community.
With the exception of a few amendments that will help with consistency throughout the
Ordinance, the most substantial of the proposed amendments are as follows: a reduction in
maximum height allowed for freestanding signs from twenty feet (20') to eight feet (8'),
establishing provisions specifically addressing political signs, established a 30 day time limit
and a maximum allowed face area of four (4) square feet for temporary signs, reducing the
face area allowed for certain real estate signs, reducing the additional maximum allowable
face area for Complex Signs from fifty (50) square feet to twenty (20) square feet and a
provision to allow for A -Frame signs in all commercial districts.
A public hearing was held at the June 7th Planning Commission meeting regarding the
proposed amendments. With a 7 to 1 vote the Planning Commission voted to recommend
approval of the proposed amendments with the added amendment addressing political signs
as follows:
"Political Signs may be placed on private property after the qualifying deadline for the
election. A candidate shall remove his/her political signs from Private Property within five (5)
days following the first to occur of (i) said candidate not winning a primary election or
prevailing to a run-off in a primary election; (ii) said candidate not winning a primary run-off
election; (iii) said candidate not winning a general election or prevailing to a run-off in a
general election; or (iv) the general election (provided, that the foregoing use of the term
"general election" shall include a run-off in a general election)."
Please find the proposed amended Article IV, Section G (Signs) of the Fairhope Zoning
Ordinance attached to this staff report.
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9 August 2010
PLANNING COMMISSION RECOMMENDATION:
With a 7 to 1 vote on June 7, 2010 the Planning Commission recommended the City Council
approve the proposed amendments to Article IV, Section G. (Signs) in the Fairhope Zoning
Ordinance.
Respectfully Submitted for Consideration,
Jonathan I. Smith
Planning and Building Director
City of Fairhope
Councilmember Kingrea asked if anyone had checked with the Alabama League of
Municipalities or City Attorney Wynne regarding signs for political events and
limiting freedom of speech. Mr. Smith replied he had consulted with Chris Gill,
Attorney with Hand Arendall, before going to the Planning Commission.
Councilmember Kingrea asked; will it pass muster or constitutionality. Chris Gill
replied there is a rational relationship with political signs.
Councilmember Ford asked about non -conforming signs. Mr. Smith replied that part
of the Zoning Ordinance has not been changed. Councilmember Quinn stated the
ordinance looks great and it is nice to see limitations.
Council President Mixon opened the Public Hearing at 6:50 p.m. No one present
opposed the proposed ordinance, the Public Hearing closed at 6:50 p.m.
In order to take immediate action Councilmember Kingrea moved for
immediate consideration. Seconded by Councilmember Quinn, motion for immediate
consideration passed unanimously by the following votes: AYE — Quinn, Mixon,
Ford, and Kingrea. NAY - None. Councilmember Quinn moved for final adoption of
Ordinance No. 1428. Seconded by Councilmember Kingrea, motion passed for final
adoption by the following votes: AYE — Quinn, Mixon, Ford, and Kingrea. NAY -
None.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Ford introduced an ordinance to
amend Article V Special Districts, Section G. Tourism -Resort District. The Planning
Commission decision was a favorable recommendation of this ordinance.
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9 August 2010
Jonathan Smith, Planning and Building Director, explained the proposed ordinance:
STAFF INTERPRETATION:
The City of Fairhope has long been known for its attractive downtown and waterfront location.
Tourists and potential new residents come from all over the world to embrace our much
desired quality of life and southern atmosphere. The City of Fairhope Comprehensive Plan
(the "Comprehensive Plan") is a steering document for Staff and City Officials to assist in
accomplishing goals and setting our community's vision for future growth and development.
The Comprehensive Plan specifically identifies the goal of implementing a "specific resort and
tourism planning area" (see Section 4.4.9 of the Comprehensive Plan) and mentions
numerous policies relative to such an area that are reflected in the proposed Tourism Resort
District amendment. The proposed Tourism Resort District is consistent with the goals,
policies and intent of the Comprehensive Plan.
Staff and legal counsel to the Planning Commission have been intricately involved in the
drafting and review of the proposed Tourism Resort District amendment.
Attached to this Staff Report as Exhibit "A" are sections from the Comprehensive Plan. The
Comprehensive Plan documents included consist of Section 4.4.9: Resort and Tourism
District '05-'06 and Section 6.2: Strategies Matrix, Economic Development Strategies and
Resort and Tourism Strategies. Also attached to this Staff Report as Exhibit "B" is the
proposed Tourism Resort District amendment.
As proposed, a Tourism Resort District (a "TR District") must contain at least 175 contiguous
acres and be located within 2 miles of an existing full service hotel (with a minimum of 300
hotel rooms), 18-hole championship golf course with related facilities and a marina. The
maximum residential density allowed in a TR district is 3.5 units per acre and a minimum of
20% Open Space is required though out a TR District. The Development zones permitted in
a TR District are as follows: Recreation Zone (RZ), Low -Rise (LR) Residential Zone, Mid -Rise
(MR) Residential Zone, Limited Commercial (LC) Zone and High -Rise (HR) Residential Zone.
The Recreation Zone (RZ) may include Conference Facilities, Restaurants, Bars, Golf
Courses, Swimming Facilities, Educational Facilities, Nature and Recreational Areas and
Facilities, Specific Retail and Limited Commercial uses, etc. Building Height for the
Recreation Zone is not to exceed forty five feet (45').
The Low -Rise (LR) Residential Zone allows a variety of residential uses, senior care facilities
and retail and office facilities commonly found in Senior -Oriented Communities, etc. Building
Heights in the LR Zone shall not exceed thirty five feet (35').
The Mid -Rise (MR) Residential Zone allows the same type uses allowed in the LR zone and
a maximum building height of fifty five feet (55') with the provision that the applicant specifies
the number of buildings to be built over thirty five feet (35') in the MR Zone.
The Limited Commercial (LC) Zone allows all of the uses set forth in Table 3-1: Use Table for
the City of Fairhope B-1, B-2, B-3a, B-3b, and B-4 Zoning Districts and all permitted uses in
the LR and RZ Zones. Maximum Building Height for the LC Zone is forty five feet (45'). A
maximum gross floor area of 108, 000 square feet is proposed.
The High -Rise (HR) Residential Zone permits a limited number of high-rise multi -story
residential attached dwelling units and any permitted uses allowed in the MR Zone, LR Zone
and RZ Zone. Building Height is not to exceed one hundred feet (100'); provided however
that, (a) not more than two (2) buildings total may be constructed at heights higher than fifty
five feet (55') and (b) the Application for TR District Zoning shall set forth the maximum
number of dwelling units which may be developed within the HR Zone in buildings which
exceed fifty five feet (55').
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9 August 2010
Private Streets without vehicular connectivity requirements are proposed in the TR District.
The Comprehensive Plan states that the City should "consider alternative non -street
connectivity measures for pedestrians, such as trails and greenways that still aim to meet the
internal Connectivity and circulation across areas within the site." Pedestrian Networks
throughout a site/project shall be required.
PLANNING COMMISSION RECOMMENDATION:
On June 7, 2010 the Planning Commission had a Public Hearing regarding the proposed TR
District. With a 7 to 1 vote the Planning Commission recommended the City Council approve
the proposed Zoning Ordinance Amendment to Article V Special Districts to allow for Article
V, Section G. Tourism Resort (TR) District.
Respectfully Submitted for Consideration,
Jonathan I. Smith
Planning and Building Director
City of Fairhope
Council President Mixon opened the Public Hearing at 6:51 p.m.
1. Gary Gover, 300 Lincoln Street, addressed the City Council and mentioned the
recommendations he had sent via e-mail. He stated this is a tourist attraction,
proposed to encourage growth around, and connectivity not required.
2. Jason Tickle, Project Manager, addressed the City Council stating this project has
been developing over that last five years and you have had plenty of time to see the
progress of this development. The investor of the Grand Resort had to make a
decision whether or not to rebuild after Katrina. There has been a collapse of the real
estate economy and the oil spill. We have compromised with the City and worked a
long time to get to this point. He thanked staff for their work.
The Public Hearing closed at 7:03 p.m. Council President Mixon stated this proposed
ordinance will lie over until the next regular City Council meeting.
A Public Hearing was held as advertised on a proposed ordinance to amend
the Zoning Ordinance No. 1253. Councilmember Quinn introduced an ordinance to
zone the property of Point Clear Partners, LLC to Tourism Resort (TR) District
concurrent with Annexation. The Planning Commission decision was a favorable
recommendation of this ordinance. This property is located off Battles Road and is
commonly referred to as "The Colony at the Grand," Fairhope, Alabama. Parcel
contains 181.1 acres more or less. Tax Parcels: 05-46-09-30-0-000-078.002, 05-46-
09-30-0-000-078.003, 05-46-09-30-0-000-080.000, 05-46-09-30-0-000-081.000, 05-
46-09-30-0-000-088.000, 05-46-09-30-0-000-088.001, and 05-46-09-30-0-000-
89.000.
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9 August 2010
Jonathan Smith, Planning and Building Director, explained the proposed ordinance:
STAFF INTERPRETATION:
The subject property consists of approximately 184.6 acres and is known as The Colony at
the Grand. 637 total residential units are proposed and commercial components of
approximately 108,000 square feet are to be incorporated within the district. A minimum of
20% open space will be provided which calculates to approximately 37 acres of open
space/green space throughout the project. The applicant is proposing private streets but will
provide connectivity measures for the benefit of pedestrian traffic that meets internal
connectivity and circulation across areas within the site.
Residential density for the site is broken down between three (3) development zones: Low -
Rise (LR), Mid -Rise (MR) and High -Rise (HR) zones. Please see Section 2.09 Permitted
Uses and Dimension Standards of the rezoning application for additional information relating
to each development zone.
Specific Tree and Landscaping provisions tailored for the subject property are inserted within
the TR zoning application documents in Section 3.02. The developer is proposing a 40'
buffer along the eastern and southeastern portions of the property which are directly adjacent
to both the easternmost and westernmost rights -of -way of Battles Road.
The developer is proposing to retain most of the property's stormwater runoff in "Sweetwater
Lake" located on the property. "West of the lake, a bio-swale and wetland have been
constructed to capture and treat the current level of development and future development of
the property draining to it." Upon future development, the applicant will comply with the City's
minimum stormwater and buffer requirements.
The Traffic Study submitted on May 26, 2010 indicates that the study area intersections
currently operate at acceptable levels of service; the proposed development is expected to
generate approximately 341 trips during the morning peak period and 439 trips during the
afternoon peak period. The only traffic improvement recommended by the traffic study is that
an "eastbound left turn lane should be constructed at the access to the proposed retail
development."
The Comprehensive Plan encourages a transit system connecting the TR District to
Downtown Fairhope. Currently, the Grand Hotel provides shuttling from the Hotel to
Downtown and around Fairhope. Staff spoke with the developer (Jason Tickle) regarding this
issue and the developer ensured us that the same type transit system is planned to be
available for the patrons of the Colony at the Grand development.
The development is proposed to be contained wholly within the subject 184.6t acres and as
it is laid out in a way that is intended to have minimal impact on adjacent properties.
PLANNING COMMISSION RECOMMENDATION:
On June 7, 2010 the Planning Commission unanimously recommended the City Council
approve the proposed TR District Zoning for the subject property upon the following
condition:
An eastbound left turn lane shall be constructed prior to the issuance of any land
disturbance or building permits for the proposed Limited Commercial Zone.
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9 August 2010
Respectfully Submitted for Consideration,
Jonathan I. Smith
Planning and Building Director
City of Fairhope
Council President Mixon opened the Public Hearing at 7:05 p.m.
1. Gary Gover, 300 Lincoln Street, addressed the City Council and stated this is a
private and exclusive community. It is a gated and isolated community. This is not
part of the surrounding area. There are no workforce accommodations. He
recommended this package: the Tourism District and the Colony at the Grand be sent
back to Planning for further development.
2. Debra Green, 415 Maple Street, addressed the City Council and said this is an
exclusive gated community which Fairhope has always been against. The amenities
to follow are for the Grand Hotel. Even with the Impact Fees or any other fees will
not be enough for the impact on the City of Fairhope. The City needs to get an
outside independent engineer to look at this project; one other than Volkert. Ms.
Green questioned whether the City could develop a District that is outside of the City
limits.
3. Hop Allen, citizen of Fairhope, addressed the City Council and questioned
concurrent with annexation. He asked; don't they have to be contiguous.
Mr. Smith stated that the property must be contiguous to come into the City and the
proposed property is contiguous to the City of Fairhope.
The Public Hearing closed at 7:11 p.m. Council President Mixon stated this proposed
ordinance will lie over until the next regular City Council meeting.
Council President Mixon announced that Item #11 has been pulled.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution approving and authorizing the Mayor and the City
to enter into a Grant Agreement with The Federal Aviation Administration for the
benefit of the Fairhope Airport Authority and The Fairhope Airport. The motion was
seconded by Councilmember Kingrea. Chuck Zunk, Chairman of the Fairhope
Airport Authority explained briefly the Grant Agreement. After further discussion,
motion passed unanimously by voice vote.
5444
9 August 2010
RESOLUTION NO. 1676-10
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 $252,167.00 for airport planning
and development at the H.L. ["Sonny"] Callahan Airport in Fairhope, being project
number 3-01-0029-012-2010; and
WHEREAS, the purpose of this grant is to pay a 95% share of the allowable costs
incurred in accomplishing the design construction of access road, apron, and taxiway;
and to update the airport layout drawing 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 December 15, 2009; 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
5445
9 August 2010
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;
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 as
Sponsor, so that pending and during the period when the Federal Aviation
Administration is 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 August, 2010
M. Kpt, Mayor
ATTEST:
4isaH, City Clerk
Council President Mixon read several Attorney General Opinions one which
prohibits contributing to private citizens and one that allows the City to donate to a
ballpark or school if the entity gives back to the City.
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution setting forth use of the Fairhope Civic Center, The
James P. Nix Center, and Streets and Parks. The motion was seconded by
Councilmember Kingrea.
5446
9 August 2010
Councilmember Quinn stated she had an amendment to the resolution. She
previously spoke to the Alabama League of Municipalities who said the City could
not give away anything of value that was purchased with tax dollars unless giving
back to the City as a whole. You can contract with organization for fee waiver or
reduction if they give back to the City. Councilmember Quinn moved to amend the
resolution by adding "Organizations that are not for profit, with proof of their 501 c3,
which benefit all residents of the City of Fairhope and can justify a fee waiver, may
come before the Council and make a request for the non-profit fee. A portion of the
net proceeds of that event must benefit Fairhope citizens or a Fairhope based
organization. Any governmental agency may have rental fees waived twice in one
fiscal year, by staff evaluation." Motion failed for lack of a second.
Councilmember Kingrea moved to amend the resolution by deleting "Events
requested to be held at a City facility by a school cannot be for any other organization
and the proceeds (even a portion) cannot benefit any organization other than the
school." Dance troops use schools to come in and actually participate; and the school
can sponsor it.
Councilmember Ford questioned the sentence deletion and we are defeating the
purpose of the resolution. Sherry Sullivan, Director of Senior Services, responded to
the request of Councilmember Ford. She said we will not all be in agreement. These
organizations apply under the name of school ABC and the money does not go back
to the school. Ms. Sullivan said the sentence needs to be left in to the resolution do
what we want.
Councilmember Kingrea stated we need to take the politics out of the fees. Ms.
Sullivan replied that these organizations are for profit businesses and not school
benefits. She said these are good programs and cultural programs. Councilmember
Kingrea mentioned he does not care if these are for profit or not for profit; treat each
one alike. We need to treat the same and cover our costs. He said if you want
something from the City you must give back to the City.
Councilmember Ford questioned the paragraph for "Law Enforcement Fees." Ms.
Sullivan replied that the fees go to pay for the Police Officers. Motion failed for lack
of a second.
Councilmember Kingrea questioned whether the Fairhope Booster Club fell under
this resolution. Ms. Sullivan replied they do not fall under this umbrella.
After further discussion, the original motion for the propose resolution passed
by the following voice votes: AYE — Mixon, Ford, and Kingrea. NAY — Quinn.
5447
9 August 2010
RESOLUTION NO. 1677-10
A RESOLUTION SETTING FORTH USE OF THE FAIRHOPE CIVIC CENTER,
THE JAMES P. NIX CENTER, AND STREETS AND PARKS
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
1. Fees for rental, security, clean-up, personnel or damages will not be waived for any
organizations who request to use the Fairhope Civic Center, the James P. Nix Center, and the
Fairhope Museum of History or to reserve a park or street for an event. All organizations
(except of Fairhope Public Schools and for City Sponsored Events) will pay the fees as listed
in the current ordinances pertaining to the Civic Center, the James P. Nix Center, and parks
and street rentals and no request may be made for fee waivers to the Mayor and/or City
Council.
2. The Fairhope Public Schools may use the facilities for no charge with a written request by
the school principal and the approval of the facility manager as long as the event does not
interfere with any regular operations or paying customers. Events requested to be held at a
City facility by a school cannot be for any other organization and the proceeds (even a
portion) cannot benefit any organization other than the school.
Law Enforcement Personnel is required for any event where alcohol is present, for any
school function or when deemed necessary by the facility or event manager. The number of
required law enforcement personnel, fees, and any other law enforcement requirements will
be determined by the Fairhope Police Department.
ADOPTED THIS 9TH DAY OF AUGUST 2010
ATTEST:
Lisa A. Hanks, eity Clerk
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution a resolution setting forth the rules and regulations for the
operation of the Fairhope Museum of History located at 24 N. Section Street,
Fairhope, Alabama. Seconded by Councilmember Kingrea, motion passed
unanimously by voice vote.
9 August 2010
RESOLUTION NO. 1678-10
A RESOLUTION SETTING FORTH THE RULES AND REGULATIONS FOR THE
OPERATION OF THE FAIRHOPE MUSEUM OF HISTORY LOCATED AT
24 N. SECTION STREET, FAIRHOPE, ALABAMA.
WHEREAS, The Fairhope Museum of History is an educational institution dedicated to the
collection, preservation, interpretation, and exhibition of historical artifacts. The Museum's
comprehensive collections represent the historical achievements of local cultures and
highlight the history of Fairhope. The Museum promotes the understanding and enjoyment of
history by presenting a wide range of exhibitions, programs, and events for the Fairhope
Museum of History and the public.
WHEREAS, While the Fairhope Museum of History encourages and supports the use of its
facility for limited events and activities, all are subject to the following policies and
procedures to ensure the safety and integrity of the Museum, its collections, and its visitors.
We ask all who use the Museum to respect and comply with the policies and procedures. The
general policies listed below should be consulted before requesting use of the Fairhope
Museum of History for events. The event sponsor is responsible for knowing and observing
the guidelines set forth by the City of Fairhope and the Fairhope Museum of History. To
arrange to use the Museum for an event/activity, please contact the Museum's Director,
Donnie Barrett at 251-929-1474.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
I. CRITERIA FOR SCHEDULING EVENTS IN THE MUSEUM
Consideration of each request is determined by the timing of the event in relation to
Museum activities/events, the ability of the Museum staff to accommodate the
intended use, and the suitability of the event with regard to the safety and security of
the facility, and its contents.
2. Approval of an event in the past does not guarantee that the event can be
accommodated. Rental and usage will be limited to the Fairhope Museum of History
business hours only. Non standard and holiday hours will not be reserved for any
rental or usage.
II. RENTAL RATES SHALL BE AS FOLLOWS:
1. Town Hall Chambers, $50.00 per event or $25.00 per hour, not to exceed more than
four (4) hours per event.
*Please note that the Museum may not be used for weddings, private parties, or receptions.
The Museum reserves the right to deny requests and cannot guarantee availability for any
specific events.
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9 August 2010
III. OTHER POLICIES
1. Use and request of the Museum is limited to Fairhope based organizations only.
2. Smoking is not permitted in any part of the building.
3. Pets are not allowed in any areas of the building with the exception of Seeing Eye
dogs.
4. There is no access to room earlier than your scheduled set-up time.
5. Capacity limited to 40 people.
6. Refreshments are only allowed in town council chambers.
7. All set-up and clean up is the responsible of the user. Failure to clean-up may
result in fee.
8. All debris/trash must be removed and furniture put back in original location.
9. No museum displays may be tampered with. Damage may result in fee. Door should
remain to allow public to view displays in Town Hall Chambers.
10. Noise must be kept to a minimum.
11. Events cannot interfere with museum visitors and the door to town chambers must
remain open at all times.
12. Alcoholic beverages strictly prohibited.
The Council reserves the right to amend, delete, adjust, or waive any and all stipulations set
out herein.
ADOPTED this 9th day of August 2010
Attest:
sa A. Hanks, City Clerk
5450
9 August 2010
Councilmember Ford introduced in writing, and moved for the adoption of the
following resolution, a resolution authorizing Mayor Timothy M. Kant to execute a
Lease Agreement between the City of Fairhope and the University of South Alabama,
at 10 North Summit Street. This Lease Agreement shall end August 1, 2020.
Seconded by Councilmember Quinn, motion passed unanimously by voice vote.
RESOLUTION NO. 1679-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to
execute a Lease Agreement between the City of Fairhope and the University of South
Alabama, at 10 North Summit Street. This Lease Agreement shall end August 1,
2020.
Adopted on this 9th day of August, 2010
Attest:
sa anks, dity Clerk
Councilmember Kingrea introduced in writing, and moved for the adoption of
the following resolution, a resolution to lease four (4) copiers: three (3) B&W Xerox
for City Hall, Public Utilities Building, and Purchasing Department; and one (1)
Color Sharp for the Police Department the type of copiers needed are on the Alabama
State Department of Purchasing bid list and therefore do not have to be let out for bid.
Seconded by Councilmember Ford, motion passed unanimously by voice vote.
5451
9 August 2010
RESOLUTION NO. 1680-10
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
[1] That the City of Fairhope has voted to lease four (4) copiers: three (3) B&W
Xerox for City Hall, Public Utilities Building, and Purchasing Department; and one
(1) Color Sharp for the Police Department the type of copiers needed are on the
Alabama State Department of Purchasing bid list and therefore do not have to be let
out for bid; and
[2] The following is the Alabama State Department of Purchasing contract
information:
Commodity Number: 985-26-049668 for the (3) B&W Xerox Copiers
Commodity Number: 985-26-088727 for the (1) Color Copier
See Attached Tabulated Breakdown for Copiers
Total Estimated Monthly Cost for Copiers $1,433.85
Adopted on this 9th day of August, 2010
Attest:
isa A. anks, City Clerk
Councilmember Kingrea introduced in writing an ordinance amending
Ordinance No. 1413 regarding the Application of Proceeds for Tobacco Products
Tax; changing the wording from Capital Projects Fund to the General Fund. In order
to take immediate action, Councilmember Quinn moved for immediate consideration.
Seconded by Councilmember Kingrea, motion for immediate consideration failed for
lack of unanimous vote. This proposed ordinance will lie over until the next regular
City Council meeting.
5452
9 August 2010
Councilmember Quinn introduced in writing an ordinance amending
Ordinance No. 1414 regarding the Application of Proceeds for Beer License Tax;
changing the wording from Capital Projects Fund to the General Fund. In order to
take immediate action, Councilmember Kingrea moved for immediate consideration.
Councilmember Quinn seconded the motion, motion for immediate consideration
failed for lack of unanimous vote. This proposed ordinance will lie over until the next
regular City Council meeting.
City Attorney Wynne addressed the City Council regarding 7141 Gable Street
and the Dangerous Building Report from Barry Fulford, City Building Official. He
briefly discussed the procedure from the City of Fairhope Code of Ordinances.
Councilmember Kingrea moved to authorize the City of Fairhope to issue a written
notice to Velma Jackson regarding 7141 Gable Street and schedule the date of the
Show Cause Hearing for August 23, 2010 at 6:00 p.m. which is the next regular City
Council meeting. Seconded by Councilmember Ford, motion passed unanimously by
voice vote.
Councilmember Kingrea moved to grant the request of Clay Swanzy and
Deborah Newberry, Fairhope Committee of Public Art (COPA), requesting
permission to display throughout the City from March 2011 through August 2011 art
objects in it Jumpin' Jubilee project. A total of 50 decorated crabs, flounder, and
shrimp will be the subject of the 2011 project. Seconded by Councilmember Ford,
motion passed unanimously by voice vote.
Paul Ripp, 22985 High Ridge, addressed the City Council regarding the
following two items: Ducky Johnson House Movers and Fairhope Municipal
Stadium upgrade; and the Pittman Tractor contract.
There being no further business to come before the City Council, the meeting
was duly adjourned at 7:57 p.m.
Lonnie L. Mixon, Council President
i4AaAkWs, City Clerk