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Home My WebLink About07-24-1995 Regular Meeting1683 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, 24 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 10 July 1995 regular session were duly approved. A preliminary public hearing was held as advertised to find out if anyproperty owners in the city were interested in a public improvements assessments project. Of the re- sponses received, several requested paving or utilities to property outside the city limits which was eliminated. Also a few requests needed maintenance work, such as grading or placing rock on some streets, which were turned over to the street department. At the end of the meeting, the following items will be presented to an engineer for estimates on the imprevements listed. After that is complete, the first public hearing will be held at which property owners can decide if they wish to participate in the project. AREA Property Owners Improvements Shepard Court D. Kenny, H. Bush, and W. P. Manders Paving Glen Hardie Farms SD Robert Mitchell Paving, Gas, 16 lots Water & Sewer Westly Street George Stejskal Paving, Sewer Rock Creek Unit IV 114 lots SD H/M Partners, David Head Paving, Water & Gas Sewer Davis Lane Linda Dutton Paving 807 Morphy Ave Matt Dial Sewer 1/4 mi East of County Road 13 Larry Hutter (FSTC leaseholder) Paving, Water & Gas, sewer 24 July 1995 1684 A public hearing was held as advertised on the request to annex and rezone Charlie Earle, Jr.'s property at the end of Springrun Drive, east of Greeno Road, west of Thompson -Hall Road, and south of Nichols Avenue extension. Mr. Earle requested the property be divided into two pa.e, one to be zoned B4 Business & Professional (2.5 acres) and the other to be zoned R4 Medium Density Multi-Family'Residential (27.0 acres). Mayor Nix reported this zoning had the approvel of the Planning Commission and the Board of Adjustment. Mrs. Claudine McClintoc, representing the Fairhope Information Group, asked to be heard and stated this whole action was in violation of the City's Zoning Ordinance. She went on to repeat this opinion several times when members of the Council, Zoning Officer Lunsford, and members of the audience attempted to explain to her the procedure for concurrent annexation and zoning. Ms. McClintoc seemed unable to under- stand Section 8.8 of the Zoning Ordinance. After much dis- cussion, Councilman Duck introduced an ordinance in writing to annex the Earle property and zone it as requested in the petition. This ordinance will be given final consideration at the next regular meeting. Councilman Bishop introduced an ordinance in writing to annex property of Jeffery and Irene Washington, located at 19650 South Ingleside. This ordinance will be given final consideration at the next regular meeting. Councilman Bishop introduced an ordinance in writing to annex property of Shirley Bosby Ray, located at 19624 Greeno Road. This ordinance will be given final considera- tion at the next regular meeting. Councilman Duck introduced an ordinance in writing to annex property of the Fairhope Single Tax Corporation, lease- holder Landon E. Browning, Sr., located at 20433-20475 Browning Lane. This ordinance will be given final consideration at the next regular meeting. Council discussed an application for a Club Liquor License by Samuel E. Beall, III, CEO of RUBY TUESDAY, INC, to be located at 901 Fairhope Avenue. Mr. Richard Davis, Attorney, was present to represent Mr. Beall. There was police approval of the applicant. Mr. Bud Henson, representing the Fairhope Information Group, advised the Council that he was opposed to this license. He then presented a petition, signed by forty (40) persons, requesting that all licenses for Liquor, Wine, or Beer be denied from now on, and any license which expires and has to be transferred should be returned to the City and its renewal addressed with great care. The petition states this action is being requested because Fairhope has enough licenses for its size and the petitioners want the City to be one of families and values. Mr. Henson 's petition was accepted. Councilwoman Puckett moved to approve the insurance of the Club Liquor License. Seconded by Councilman Ford, motion passed unanimously. 24 July 1995 1685 Councilman Ford introduced the following resolution in writing, and moved for its adoption. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Ford remarked before the introduction that the lease between the City and Young Street Recreation Center, Inc.,will expire on 31 August 1995. He also mentioned there might be some changes in the lease term at that time. RESOLUTION NO. 489-95 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix is hereby authorized to execute an Agreement between the City and YOUNG STREET RECRE- ATION CENTER, INC., to assign the lease for approximately 8 acres of land by Young Street Recreation Center, Inc., to LESLIE E. ODOM, JR., wi-fh all rights, titles, and interests in said lease dated 31 August 1990. By this action, the City Council accepts Young Street Recreation Center, Inc.'s request to assign their lease. ADOPTED THIS 24TH DAY OF JULY, 1995. J mes P. Nix, Mayor Attest V/_ (�f�La velyn . Phillips, City r lerk Mayor Nix opened the floor for nominations to fill one 2-yr term on the Harbor Board. Councilman Overstreet nominated Mr. Phil McCarthy for reappointment. There being no other nominations, Councilman Overstreet moved to reappoint Mr. McCarthy by acclamation. Seconded by Councilman Duck, motion passed unanimously. Councilman Bishop moved to approve the charge -off of some $16,422.47 in bad utility accounts, for October, 1991, to September, 1992. Sales for that period were $11,000,000.00, with these bad debts representing only .0014 per cent. Councilman Bishop also complimented Billing Superintendent James Gillespie for the good job he is doing. Seconded by Councilman Ford, motion passed unanimously. Purchasing Agent Wayne Smith reported only one bid was received, out of six requests, for a year's supply of Chemical Weed Killer. When questioned, Mr. Smith offered the opinion that our usage was so small, the other vendors did not wish to bid. After some discussion, Councilman Over- street moved to accept the bid of $41.50 per gallon by Terra International of Summerdale, AL, provided all specifications are met. Seconded by Councilwoman Puckett, motion passed unanimously. 24 July 1995 1686 Councilwoman Puckett introduced in writing Ordinance No. 978, an ordinance amending Section 20-11.1 of the Fair - hope Code of Ordinances to prohibit trucks from that portion of Laurel Avenue lying east of the commercial zone and within the residential zone where signs prohibiting trucks are posted. In order to take immediate action;*"/Councilwoman moved to (_No) 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. Councilwoman Puckett then moved for final adoption of Ordinance no. 978. Seconded by Councilman Overstreet, motion passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Mayor Nix asked for authorization to solicit bids on painting and repairing the Nichols Water Tank. This expense will be part of next year's budget as it is expected to be between $250,000 and $300,000 dollars. W&S Superintendent Mike Rejczyk advised this work was last done in 1978. Council- man Duck moved to approve the Mayor's request for bids. Seconded by Councilman Bishop, motion passed unanimously. Councilman Bishop moved to hear the following business not on the Agenda. Seconded by Councilman Duck, motion passed unanimously: Mayor Nix advised it was necessary to purchase a 750KVA Electric Transformer last week for an emergency in the local Delchamps Supermarket. Bids were solicited over the phone and the low bid accepted before there was time for council action. Councilman Bishop moved to approve this emergency action, and the purchase of the transformer from Mack Electric Supply of Dothan, AL, at $9,755.00, provided all specifications are met. Seconded by Councilman Ford, motion passed unanimously. Councilman Overstreet reported he and his committee had met with Mr. Charles Lake concerning Mr. Lake and his neighbor's, request to install a sidewalk in frontof their homes on South Bayview. Councilman Overstreet moved to grant permission for the sidewalk as long as construction is in compliance with City specifications and the work is supervised by the Street Department. Seconded by Councilman Duck, motion passed unanimously. Meeting was duly adjourned at 6:50 pm. James P. Nix, Mayor