HomeMy WebLinkAbout02-28-1983 Regular Meeting445
STATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular
session at 5:30 p.m..Fairhope Municipal Complex, 161 North
Section Street, Fairhope, Alabama 36532 on Monday, February
28, 1983.
Present were Mayor James P. Nix; Councilmembers Sam E.
Box, Michael A. Ford, David E. Bishop, Trisha Nelson, and
Roy White; City Attorney Jim Reid and City Clerk Evelyn Phillips
Mayor Nix called the meeting to order and Councilman
Bishop gave the invocation.
Minutes of February 14th regular session were duly
approved.
A Public Hearing was held on the rezoning request of
Mr. Charles Dyas for his property, known as the "Triangle
Area" located at the north end of town, consisting of approx-
imately 36 acres triangularly bordered by U.S. 98, U.S. Scenic
98, and County 104 Highways, and presently zoned R-1 Low Den-
sity Single Family Residential. Mr. Dyas requested property
be rezoned B-1 Local Shopping District for the purpose of con-
structing a shopping village.
Mr. Don Bolton, attorney for Mr. Dyas, began the discussion
by explaining the planned use of the area - 18 acre shopping village
with approximately 350-foot buffer zone between same and the
Highway 104 boundary adjacent to the Colonial Acres residential
section. Mr. Bolton pointed out to develop residential would
require much of the area to be streets, easements, etc. and
the land could be better developed as commercial. Mr. Dyas then
reviewed the history of his yearly efforts to have this area re-
zoned since 1972. Mr. Ack Moore explained how drainage would
be handled. A number of -Colonial Acres residents, Fly Creek res-
idents, and other interested citizens also spoke bringing up such
points as area could be residentially developed as was Colonial
Acres, commercial development means more profitable development,
buffer zone would not last, should not change the Planning Board's
comprehensive plan, shopping village would decrease residential
property values, Council should not override Planning & Zoning
Board's recommendation to deny request, Fly Creek cannot take any
more water as it floods already, present shopping centers have
vacancies so another is not needed, land should be bou ght by
City and made an "open space", and Fly Creek bridge might not
stand run-off from any development. Councilmembers joined in
the discussion with Councilman White pointing out that Mr. Dyas
could develop his land beyond the present Triangle which would
be outside the corporate limits thus giving the City the same
problems with no control at all, and Councilwoman Nelson mentioned
that she, Mayor Nix and Councilman Ford would be attending a
conference in Washington D.C. at
446
the end of the week and she would like to move that they con-
fer with our Representatives about the possibility of grant
funds to be used to purchase the Triangle and reserve it
as an open green space.(This motion was acted upon at the
end of the session).
After this lengthy discussion, Councilman Bishop moved to
deny Mr. Dyas' request to rezone based on the recommendation
of the Planning & Zoning.Board. Seconded by Councilwoman
Nelson, motion carried by the following vote: AYE - Bishop,
Nelson, Box and -Ford. NAY - White. Request is denied.
Mr. Francis Uteg came before Council to request that a north -
south Stop sign at the intersection of Pier Avenue and Satsuma
Street be changed to a'4 way stop. Councilman White was asked
to look into the traffic problem and make a recommendation for
action at the next regular session.
Mr. Curtis Gordon presented a request to Council for a written
agreement to allow sewer connections for a development beyond
the corporate, limits. Mr. Gordon was advised that the City's
sewer connections policy established by a resolution dated
August 27th, 1979 had been superseded by a Council action on
April 27, 1981, which placed a moratorium on all out-of-town
sewer connections. Councilman. Box moved to deny Mr. Gordon's
request. Seconded by Councilman Bishop, motion carried by -the
following.vote: AYE - Box, Bishop, White, and Nelson. NAY -
none. ABSTAIN - Ford.
Councilman White moved to have 2 appraisals made on, and to
authorize advertising for sale as is to the highest bidder,
the City Administration Building located at 387 Fairhope
Avenue;. to request a 10% of bid cash deposit on each bid,
to reserve the right to reject any and all bids, and to open
said bids at the next regular Council session(March 14th).
Seconded by Councilman Box, motion passed unanimously.
Mrs. E.W. Brabston, Jr. told Council of her plans to organize
a clearing house or center for volunteers. Such an organization
would not replace any volunteer groups but would coordinate
those seeking volunteers and those wishing to volunteer.
Councilwoman Nelson moved to approve and endorse Mrs. Brabston's
efforts. Seconded by Councilman Bishop, motion passed unan-
imously.
Councilman Box introduced, and moved for the adoption of,
the following Resolution. Seconded by Councilman Ford, motion
passed.unanimously:.
447
RESOLUTION NO 69-83
WHEREAS, the City of Fairhope filed an application with
the State of Alabama, Office of State Planning and Federal
Programs for financial assistance with funds made available
under Title I of the Housing and Community Development Act
of 1974, as amended, and
WHEREAS, the City of Fairhope has received notification from
the State of Alabama of funding availability for said appli-
cation, and
WHEREAS, Moore Engineering, Inc., has been under a contin-
uing contractural relationship with the City and assisted in
the estimates for said project application,
NOW THEREFORE, be it resolved by the City Council of the
City of Fairhope, Alabama, as follows:
Section 1. That the City of Fairhope enter into a contract
with Moore Engineering for the preparation of plans, specifi-
cations and bid documents for the F.Y. 1982 Community Devel-
opment Block Grant Program. Said contract follows:
Section 2. That procurement standards for professional services
as called for in OMB Circular A-102 requiring competitive nego-
tiations do not apply to the contract contained herein due to the
fact that Moore Engineering, Inc., is and has been under contract
to the City to provide similar services and has considerable
knowledge of local needs, data, and special circumstances. The
urgent need for the services to meet.program guidelines does
not permit a delay incident to competitive negotiations.
Section 3. That the services to be rendered under said con-
tract and compensation to be paid thereunder are consistant
with other such contracts of the City.
Section 4. That James P. Nix, in his capacity as Mayor,
is hereby authorized and directed to execute said contract
in behalf of the City of Fairhope, Alabama.
Passed, Approved and Adopted by the City Council of the City
of Fairhope, Alabama, on this the 28 day of February, 1983r
0.1
Attest:
Q• ,
tvelyj Phillips
City Clerk
448
City Clerk Evelyn Phillips presented a petition to the Mayor
and Council requesting permission to'destroy certain obsolete
records. After discussion, Councilman Box introduced, and
moved for the adgption of, the following Resolution. Seconded
by Councilman White, motion passed unanimously:
RESOLUTION NO."70-83
WHEREAS, pursuant to Act No. 549, Acts of Alabama 1963
page 1166, there has been filed with the governing body of the
City of Fairhope, Alabama, a petition requesting permission to
destroy certain public records,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRHOPE, ALABAMA, AS FOLLOWS:
1. There is hereby ordered a hearing to be held on the ques-
tion of whether or not the following records shall be authorized
to be destroyed:
RECORD Required
Period of Date of Records
Retention to be destroyed
Utilities Billing Records &
Account Receivables Records 10 yrs 9-30-72
Meter Reading Books
Paid Utility Stubs
*we will retain 2 yrs.
Bank.Statements & Reconciliations
Check Stubs, Cancelled Checks &
Deposit Slips
Redeemed Bonds & Interest Coupons
10 yrs 9-30-72
After audit 9-30-80*
10 years 9-30-72
10 years 9-30-72
7 years 9-30-75
Expired Ins. Policies & Surety Bonds 7 years 9-30-75
Records of accidents, damages, &
injuries claims and adjustments
7
years
9-30-75
Terminated contracts, leases &
agreements
10
years
9-30-72
Record of formal bids, ads for
bids on contracts & purchases
7
years
9-30-75
Purchase Orders
10
years
9-30-72
Departmental Requisition Orders
3
years
9-30-75*
*we will retain 7 yrs.
Business License Applications &-Re-
ceipts
5
years
9-30-77
44S
Terminated Employees Individual Pers. 10 years 9-30-72
Records
Payroll records of time worked 5 years 9-30-77
General Correspondence 5 years 9-30-77
Also the following obsolete records not specifically covered
by State Law:
Paid invoices, All Miscellaneous Receipts (court fines,
assessments payments, fees, permits, etc); applications
& receipts on alcoholic licenses; taxes; permits; rents
and special projects
*retained for 5 yrs. 9-30-77*
2. The hearing ordered herein shall be held on Monday, 11
April 1983, at 5:30 P.M. in the Council Chamber of the Fairhope
Municipal Complex, 161 South Section Street, Fairhope, Alabama.
3. The City Clerk is hereby directed to publish notice of the
hearing herein ordered once a week for two consecutive weeks in
a newspaper of general circulation in the municipality, the
first of which notices shall be published at least 20 days
before the date of the hearing.
4. The City Clerk is hereby further directed to mail a copy
of the notice by certaified mail to the State Director of
Archives and History in Montgomery at least 20 days before the
date of the hearing.
ADOPTED THIS 28th DAY OF FEBRUARY,.1983.
Q.
City C k
Councilwoman Nelson nominated Mr. David Barnhill to fill a
vacancy on the Airport Board(2 yr term). There being no other
nominations, Councilman Box moved to close the nominations.
Seconded by Councilman White, motion passed unanimously. Mr.
Barnhill is appointed.
450
Mayor Nix asked if there was a second to Councilwoman Nelson's
earlier motion about talking with representatives in Washington
on the subject of grant funds to purchase Triangle area for
an open green space. Councilman Ford seconded. Motion passed
by unanimous Aye vote.
Councilman Box moved to hear the following business not on
the Agenda. Seconded by Councilman Ford, motion passed unan-
imously:
Councilman Bishop announced that plans were. now finalized
on the scheduling of a concert to be given by the Symphonic
Band of the University of Kuth Alabama. Councilman Bishop
moved to allow the free use of the Civic Center, to give the
concert from the Mayor and Council to the citizens, the date
is April 18th, free tickets to be picked up from City Hall
beginning April 4th, with a limit of 4 per person the first
week and any remaining tickets to be given as requested the
second week. Seconded by Councilwoman Nelson, motion passed
unanimously.
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