HomeMy WebLinkAbout07-10-1995 Regular Meeting1681
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, 10 July 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 28 June 1995 regular session
were duly approved.
A public hearing was held as advertised on a request to
rezone Fairhope Single Tax Corporation property, leased to
Sara M. Klumpp, from RA Rural Agriculture to R2 Low Density
Single Family Residential. The Planning & Zoning Commission
recommends approval of the request. Mr. Jeff Kennedy was pre-
sent representing Ms. Klumpp. No one present was opposed to
the rezoning. Councilman Duck introduced in writing Ordinance
No. 977, an ordinance rezoning the property. In order to take
immediate action, Councilman Bishop moved to suspend the rules.
Seconded by Councilman Overstreet, motion to suspend passed
unanimously by the following vote: AYE -Duck, Ford, Bishop,
Nix, Puckett, and Overstreet. NAY -none. Councilman Duck then
moved for final adoption of Ordinance No. 977. Seconded by
Councilwoman Puckett, motion to final adopt passed unanimously
by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett,
and Overstreet. NAY -none.
Ms. Claudine McClintoc, representing the Fairhope Information
J Group, came before the council to present the following pro-
posal: The Group proposes, in order to control the growth
along the City's fringes, that the City impose an immediate
moratorium on all utilities connections outside the city limits.
Several members of the council replied, and tried to explain,
that such an action is not constitutional. Ms. McClintoc said
many cities are taking this action and they, the Group, had
an opinion from a "land -use attorney" stating this action can
be done. Mayor Nix gave her a copy of a letter from the Legal
Department of the Alabama League of Municipalities and a copy
of two State Supreme Court rulings which state the City cannot
declare such a moratorium. Ms. McClintoc could not name any
cities, and would not give the attorney's name, in support
of her statements. She was asked to bring a written opinion
from a creditable legal authority before the city will give
the moratorium proposal any further consideration.
10 July 1995
1682
Council took the following action on bids:
FOR ROAD BASE MATERILS
Vendor
Baldwin Materials
Daphne
Vulcan Materials
Mobile
Dravo Basic Materials
Mobile
Cost per ton Delivery
13.65 Same day
14.75 One day
No Bid
No response received from HO Weaver & Sons, Mobile;
Mobile Asphalt, Mobile; and Friese Hauling, Daphne.
It is recommended to accept the low bid by Baldwin
Materials.--W.Smith, Purch. Agt.--T.Kant, Public Works
Puckett
Councilwoman/moved to accept the low bid by Baldwin Materials,
provided all specifications are met. Seconded by Councilman
Duck, motion passed unanimously.
Mayor Nix advised there were three 2-year terms available
on the Harbor Board, and opened the floor for nominations.
Councilman Overstreet nominated Hoyt Greenbury, Bill Jones,
and Phil Rutherford for reappointment. There being no other
nominations, Councilman Bishop moved to close the nominations
and reappoint Greenbury, Jones, and Rutherford by acclamation.
Seconded by Councilman Duck, motion passed unanimously.
Councilman Duck moved to pay bills as presented. Seconded
by Councilwoman Puckett, motion passed unanimously.
Councilman Overstreet reported he and his committee had
not yet been able to meet with Mr. Charles Lake and his neigh-
bor concerning a request to install a sidewalk in front of
their homes on South Bayview. Councilman Overstreet will re-
port to the council as soon as possible.
There being no other business, meeting was duly adjourned
at 6:00 pm.
P. Nix,
1
Evelyn P. Millips
City Clerk
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