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Home My WebLink About02-27-1995 Regular Meeting1642 STATE OF ALABAMA 0 COUNTY OF BALDWIN 0 The City Council, City of Fairhope, met in regular session at 5:30 pm; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, Alabama 36532; on Monday. 27 February 1995. Present were Mayor James P. Nix; Councilmembers John V. Duck, Michael A. Ford, David E. Bishop, Jeanette Puckett, and Layton Overstreet; City Attorney Marion E. Wynne and City Clerk Evelyn Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 13 February 1995 regular session were duly approved. Mr. Donald Newman, Newman Medical Services, Inc., presented another application for a business license. Newman applied in September, 1992, when his application was taken under ad- visement. During the discussion, Newman explained they wanted to be able to sell their service memberships to persons who live in Fairhope, as well as be able to respond if called by a Fairhope resident. Newman's is not a 911 operator. Repre- sentatives of the Life Star Ambulance Service, Mr. James Sundry and Mr. John Montgomery, expressed their opinions as to why they felt Newman's services are not needed in Fairhope. Concern over response time was expressed, particularly if Newman's is added to the 911 operators. Newman is located in Mobile and Daphne, Life Star is located in Fairhope. Council- man Duck moved to take the application under advisement until the next regular meeting. Seconded by Councilwoman Puckett, motion passed unanimously. The Fairhope Middle School Green Club sponsor, Ack Moore, Jr., addressed the Council about a storm water stenciling pro- ject they would like to do. The Club (13-14 year olds) wants to take areas of the town and stencil the words WATER ONLY on the drains to prevent people from dumping oil, paint, or other toxic substances into the system. The Club will provide the labor and supervision, if the City will provide the paint. After some discussion, Councilman Bishop moved to have the Club meet with Gen Supt Rutherford or Supt Kant to discuss the pro- ject in more detail and then come back to Council with a better plan. Seconded by Councilman Ford, motion passed unanimously., Fred Rowell of the Fairhopers Community Park Committee, requested permission to hold a fund-raiser on the South end of the Municipal Pier area on Sunday, March 26th, from 27 February 1995 1643 1:00 pm to 5:00 pm. "Sounds of Spring" will feature a concert by four different musical groups, a puppet show, face painting, and Hot Dogs will be sold. The group has police approval and a promise from the Electrical Department to supervise the power supply. Councilman Duck moved to grant the request. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Ford moved to approve the issuance of a Beer Off -Premises License and a Wine Off -Premises License to Lisa C. Goree, dba FAIRHOPE FILLING STATION, corner of Gayfer Avenue and Section Street. There was police approval of the applicant. Seconded by Councilman Duck, motion passed unanimously. On request of the Mayor, Councilman Bishop moved to hear the following business not on the Agenda. Seconded by Council- woman Puckett, motion passed unanimously: A group from the Art Center requested they be allowed to use a p a r t of Section Street, from Oak Avenue south to Equality Avenue, during the Arts & Crafts Festival. The Council had approved the streets to be used for the Festival earlier, giving the Chamber Section Street south from Oak Street, when everyone thought the streets had been divided between t h e two groups. After some discussion, Councilman Bishop moved to approve the request by the Art Center. Seconded by Councilman Duck, motion passed unanimously. Councilman Overstreet introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 478-95 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Resolution No. 470-94, changing the name of Greeno Lane to Lloyd's Lane, is herewith rescinded, as per the request of the majority of property owners, and the Lane, from US Highway 98 (Greeno Road) west to Ingleside Street, shall henceforth be known as "GREENO LANE". ADOPTED THIS 27TH DAY OF FEBRUARY, 1995. -CIZ, 1� "a ') 4 Attest me P. Nix, Mayor D. Evely P. Phillips, ity Clerk 27 February 1995 1644 Councilman Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Council- man Overstreet, motion carried by the following vote: AYE - Duck, Bishop, Nix, Puckett, and Overstreet. NAY -none. ABSTAIN -Ford: RESOLUTION NO. 479-95 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor James P. Nix is hereby authorized to execute a tax-exempt Loan between the City and COMPASS BANK in the amount of One Hundred, Twenty-five Thousand, Five Hundred Dollars($125,500), to be repaid at a fixed interest rate of 5.88 percent for sixty (60) months. The purpose of this loan is the purchase of one Ford F800 Trash Truck with Ramer Loader and One Ford F800 Recycle Truck with an E-Z Pack Rear Loader as per the lowest bid received on 24 October 1994 from Moyer Ford Sales Company of Foley, Alabama. This debt qualifies under Internal Revenue Code Section 265 (b). ADOPTED THIS 27TH DAY OF FEBRUARY, 1995. Attest Jam s P. Nix, Mayor J vely P. Phillips, Ci Clerk Council discussed an agreement between the City and BellSouth Cellular. The agreement allows BellSouth to place several antennas on the Fairhope extension water tank and to place a small building there. It was agreed that the following Resolution is subject to: (1) clarify that City will provide power to ground -level of tank only; (2) lease is null and void if tank is destroyed by an Act of God; and (3) insurance in paragraph 16 should be in the name of the City, not of the tenant. With these changes in the agree- ment, Councilman Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Overstreet, motion passed unanimously: (Res. No. 480-95 on next page....) 27 February 1995 1645 RESOLUTION NO. 480-95 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor James P. Nix is hereby authorized to execute a lease between the City and BELLSOUTH CELLULAR for antenna and building space at the City Water Tank on County Road 3 approximately 0.7 miles south of County Road 32 for a period of Five (5) years, beginning 1 March 1995, with the option of extending the lease for three (3) additional consecutive five-year periods; annual rent to begin at $850.00 per month, payable in advance, and rent to be increased annually as per terms set out in the Lease. ADOPTED THIS 27TH DAY OF FEBRUARY, 1995. P 1� i N J mes P. Nix, Mayor Attest 5 Z 9� gL, :��2 Evelyn P. Phillips, City V erk Councilwoman Puckett introduced in writing Ordinance No. 968, an ordinance providing for Notice and Disclaimer to Owners proposing to construct Buildings on lots in flood -prone areas. In order to take immediate action, Council- man Duck moved to suspend the rules. Seconded by Councilman Ford, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilman Ford then moved for final adoption of Ordinance No. 968. Seconded by Councilman Duck, motion to final adopt passed unanimously by the following vote: AYE - Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. The State Department of Transportation has advised that upgrading our water line, from 6-inch to 12-inch, from County Road 44 to County Road 32, will cost an additional $124,700.00 on the City's part. After discussion, Councilman Bishop moved to approve the extra expenditure. Seconded by Councilman Duck, motion passed unanimously. Due to a conflict with the National League of Cities Convention, Councilman Ford moved to reschedule the March 13 regular session to Thursday, March 16, same time and place. Seconded by Councilman Duck, motion passed unanimously. 27 February 1995 1647 Under old business, Council discussed Mr. Nicholas Pappas' application for a Club Liquor License for the SOUTHERN LIGHTS COFFEE HOUSE & BOOK STORE, 52� South Section Street. Mr Pappas was not present. Councilman Ford moved to postpone the discussion until the next regular meeting as he had some questions for Mr. Pappas about his construction plans. Seconded by Councilman Overstreet, motion passed unanimously. Meeting was duly adjourned at 6:08 pm. G-ut1', - . Nix, Mayor