HomeMy WebLinkAbout07-11-1984 Special Meeting593
STATE OF ALABAN,A
X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in session
at 10:00 o'clock, A.M., Fairhope Municipal Complex Council
Chamber, 161 North Section Street, Fairhope, Alabama 36532, on
Wednesday, 11 July 1984.
Present were Mayor James P. Nix; Councilmembers Roy C.
White, Trisha Nelson, Michael A. Ford, and Barney L. Shull;
City Attorney James Reid and City Clerk Evelyn Phillips.
Absent was Councilman David E. Bishop.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 25 June 1984 regular session were
duly approved.
Council canvassed the results of the July loth Municipal
Election with Mayor Nix reading out the number of votes for
each candidate at each of the eight voting machines, giving
total votes per candidate, for the audience. At the conclusion,
Mayor Nix introduced, and moved for the adoption of, the
following resolution. Seconded by Councilman Ford, motion
passed unanimously by the following vote: AYE -Ford, Shull,
Nelson, White, and Nix. NAY - none:
11 July 1984
594
RESOLUTION
No. 130-84
[AREAS, the general election for the City of Fairhope was duly and legally held
on 10 July 1984, as provided by law; and
WHEREAS, the municipal governing body of the City of Fairhope met on this llth
day of July, 1984, all members (or a quorum) thereof being present, at
10:00 o'clock, A.M., and has canvassed the returns, and has ascertained
and determined the number of votes received by each candidate; and
WHEREAS, the said municipal governing body has ascertained and determined the
results of said election as follows:
1►�A
CANDIDATE
MACHINE NUMBER
TOTAL
1
2
3
4
5
6
7
8
AB
COUNCIL,PLACE
2
Nelson
144
69
92
141
106
77
111
216
33
989
Goodletson
72
26
49
71
59
39
65
103
8
492
COUNCIL,PLACE
3
White
128
56
69
109
96
61
115
178
30
842
Cum -ins
11
4
9
21
10
9
11
27
-
102
Smith
28
12
19
41
17
16
17
42
3
195
Stipes
50
24
43
42
46
38
36
80
10
369
COUNCIL, PLACE
4
Ford
149
70
96
150
116
88
126
222
29
1046
Ellard
63
24
43
65
49
31
48
99
12
434
COUNCIL,PLACE
5
Shull
132
67
95
155
123•
87
138
233
35
1065
Overstreet
76
26
45
54
43
28
39
84
7
402
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope,
Alabama, as follows:
1. That TRISHA NELSON received a majority of the votes cast for the office
of Councilmember, PLACE NO. 2, and is hereby declared duly elected to that office
for the term beginning on the first Monday in October, 1984.
2. That ROY C. WHITE received a majority of the votes cast for the office
of Councilmember, PLACE NO. 3, and is hereby declared duly elected to that office
for the term beginning on the first Monday in October, 1984.
3. That MICHAEL A. FORD received the majority of the votes cast for the office
of Councilmember, PLACE NO. 4, and is hereby declared duly elected to that office
for the term beginning on the first Monday in October, 1984.
4. That BARNEY L. SHULL received a majority of the votes cast for the office
of Councilmember, PLACE NO. 5, and is hereby declared duly elected to that office
for the term beginning on the first Monday in October, 1984.
ADOPTED THIS llth DAY OF JULY, 1984.
O J s P. Nix, Mayor
., , City Clerk
11 July 1984
595
Councilman White moved to approve the request for a
State ABC "Special Events" License for "Taste of the Shore".
Seconded by Councilman Shull, motion passed unanimously.
Councilwoman Nelson moved to approve the request by
TWO STEPS AHEAD to erect a balcony over the sidewalk at
311 Fairhope Avenue, provided all specifications by the
Building Code are met. Seconded by Councilman Ford, motion
passed unanimously.
Councilwoman Nelson moved to approve the use of some
$9,835 of the Recreation Improvement Funds for an additional
restroom facility at the Volanta Football Stadium as requested
by the Recreation Board. Seconded by Councilman Ford, motion
passed unanimously.
Councilman White moved to authorize the Mayor to ex-
ecute an amendment to the SEPA contract changing the expiration
date from May 31 to August 31, 1984. Seconded by Councilman
Shull, motion passed unanimously.
Mayor Nix commented that all candidates for municipal
office had run an excellent, clean campaign and hopes this
will always be the case in F&irhope.
Meeting was duly adjourned until 5:30 o'clock, P.M.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Council reconvened at 5:30, P.M., in the Council Chamber
with the following members present: Councilmembers White, Ford,
Shull, Nelson, and Bishop; City Attorney Reid and City Clerk
Phillips. Mayor Nix was absent.
There being a quorum present, Mayor Pro -Temp White called
the session to order, and presided in the absence of the Mayor.
A public hearing was held on the rezoning request by
C.E.& F.A. Bennett for property on the corner of Pleasant Street
and Prospect Avenue. Mr. Bennett, owner of Baldwin Electric
Supply, was requesting the change from R2 medium density single
family residential to B2 general business on Lots 17 and 18
directly behind his place of business and the former Silverhill
Farmers location in order to add a larger loading dock. It
was reported that the Planning & Zoning Commission had agreed
to recommend approval of the rezoning provided the following four
stipulations were met:
1. No enclosed structure on the South property.
2. A six-foot fence and at a least a six-foot hedge
with landscaping will be constructed.
3. A piece of land on Pleasant and Prospect will be
used to make a triangular flare as reconBnended by
Mr. Lunsford, with Mr. Bennett bearing the cost to
remove the fire hydrant and any other utilities that
might require relocation.
11 July 1984 597
Ingleside Street, Morphy Avenue, and Greeno Road that would
allow trucks to ingress/egress only from Greeno Road along
that portion of Prospect Avenue necessary to gain entrance to
the above discussed (Bennett-FSTC) property. Seconded by
Councilwoman Nelson, motion passed unanimously.
Councilman Shull moved to approve the request for an
Off -Premises Beer License by Hayward Hendex, dba HAY'S
BAYSIDE STORE, 209 South Mobile Street, formerly Bayside Grocery.
No one present objected. There was police approval. Seconded
by Councilman Ford, motion passed unanimously.
Councilwoman Nelson moved to hear the following business
not on the Agenda. Seconded by Councilman Bishop, motion passed
unanimously:
Councilman Bishop moved to authorize bid requests on
repairs to the Fire Pumper. Seconded by Councilwoman Nelson,
motion passed unanimously.
Councilwoman Nelson moved to authorize bid requests on
a recorder for the Police and Fire Departments. Seconded by
Councilman Shull, motion passed unanimously.
Councilman Shull moved to pay bills as presented. Seconded
by Councilman Ford, motion passed unanimously.
Meeting was duly adjourned.
11 July 1984 596
4. No large vehicles may ingress/egress off
Pleasant Street but be advised to come in off
Greeno Road (via Prospect Avenue) and the
ingress/egress width to be to the East as
far as possible.
Much discussion ensued. Mr. Bennett had agreed to all the above,
however, he had added a driveway into the property from Pleasant
Street. Mr. Bennett felt the Planning & Zoning Commission stipu-
lation was to apply only to large vehicles and did not feel they
meant to disallow any entrance from Pleasant at all. Several
concerned property owners disagreed with this interpretation.
They stated that the plans shown and discussed before the Planning
& Zoning Commission showed no entrance to the property from
Pleasant Street, that the plan did show an entrance at the southern
end of the lot next to Pleasant which had been "x'd" out before
the meeting began.
introduced the ordinance and
Councilwoman Nelson/moved that the rezoning be granted if the
following restrictions are met:
1. All the restrictions placed by the Planning
& Zoning Commission are to be met.
2. There is to be no entrance to the property
from Pleasant Street.
3. There will be no 18-wheelers on Pleasant Street.
4. Entrance way from Prospect Avenue to be at
most eastern point possible of Section 18.
5. The fence mentioned by the Planning & Zoning
stipulations is to be wooden, six -feet high,
with a hedge and along the western and southern
boundaries of the property.
6. A legal agreement is to be drawn so that these
restrictions will remain with the property
forever by recording in the County records so
as to avoid changes in the future.
Motion seconded by Councilman Ford.
More discussion brought out that the triangular flare mentioned
in the Planning & Zoning stipulations (#3) might not be necessary.
It was also brought out that the agreement in Ms. Nelson's
restrictions (#6) would have to be signed and approved by the
Fairhope Single Tax Corporation as the property owners since the
Bennetts are leaseholders.
Motion adopted by the following vote: AYE - Nelson, Ford, Shull,
White, and Bishop. NAY - none.
Councilman Shull moved that an ordinance be prepared to
restrict Truck Traffic within the area bound by Fairhope Avenue,