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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. M—oi-ter r T.T'Ja A71lXT •JAin11rnGA