HomeMy WebLinkAbout08-14-1995 Regular Meeting1687
STATE OF ALABAMA
COUNTY OF BALDWIN
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, 14 August 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 24 July 1995 regular session
were duly approved.
The Mayor and Councilmembers said a few words of praise
for all the city employees who worked all through Hurricane
ERIN on August 3rd. Some electrical employees worked around
the clock, as well as the public works crews, to repair downed
power lines and to clear streets of debris. All departments
pulled together, keeping service disruptions to the minimum,
and making Fairhope one of the first to return to normal after
the storm.
Mr. Duke Smith, Assistant Fire Chief and Training Officer
of the Fairhope Volunteer Fire Department, reported to Council
for the month of July. During this month, some 1,225 manhours
were contributed to serving citizens of Fairhope and its sur-
rounding fire jurisdiction. There was a total of 27 calls,
with none involving injury or loss of life to firemen or
citizens. July, 1995, is also the month when Joette Goodie
was voted onto the Department, the first female volunteer in
FVFD's history.
Councilwoman Puckett moved for final adoption of Ordinance
No. 979, introduced at the last regular meeting, annexing some
29.5 acres, in two parcels to be zoned B4 and R4 concurrent
with annexation, by petition of owner Charlie Earle, Jr., and
with the approval of the Planning & Zoning Commission.
Seconded by Councilman Duck. Ms. Claudine McClintoc, FIG rep-
resentative, asked to be heard when the Mayor asked for any
discussion. Ms. McClintoc declared that the city has growth,
but not development. She again brought up her comments con-
cerning the'zoning concurrent with annexation"aspect delivered
at the previous meeting, and ended by declaring "...Earle's
plan is going to be a slum. The streets and storm drains are
not there." After reminding Ms. McClintoc that Mr. Earle's
plan had the Planning & Zoning Commission's recommendation to
approve his petition, the Council voted unanimously for the
final adoption of Ordinance No. 979.
14 August 1995
i -0
Councilman Bishop moved for the final adoption of
Ordinance No. 980, annexing property of Jeffery Washington;
Ordinance No. 981, annexing property of Shirley Bosby Ray;
and Ordinance No. 982, annexing property of the Fairhope
Single Tax Corporation and leaseholders Landon Browning, Sr.,
and Landon Browning, Jr., all of which were introduced at the
last regular meeting. Seconded by Councilman Duck, motion to
final adopt Ordinances 980, 981, and 982 passed unanimously.
There were two requests for street sign changes: A pe-
tition from citizens near Washington Drive asked that a stop
sign be changed to a 3-way stop sign; and a written request
for a change of location of a Yield Sign on Dyer Road. Mayor
Nix appointed a committee (Councilman Overstreet, Supt. Tim
Kant, and Building Official Bob Lunsford) to research these
requests and give a recommendation at the next regular meeting.
Councilman Duck introduced in writing, and moved for the
adoption of, the following resolution. Seconded by Council-
woman Puckett, motion passed unanimously:
RESOLUTION NO. 490-95
WHEREAS, the owners of Quail Creek Estates, Unit Three, and The Villas at
Quail Creek, Unit Two, Part A, are desirous of having streets and utilities
therein accepted for maintenance by the City of Fairhope; and
WHEREAS, the said owners represent to the City Council that they have
caused the respective plats to be recorded, effectively dedicating such
streets to the public; and
WHEREAS, the said owners represent to the City Council that the required
improvements have been installed as required by the codes and ordinances
of the City; and
WHEREAS, the said owners represent to the City Council that all plans and
test reports required by Chapter 19 of the Fairhope Code of Ordinances
have been submitted to the City; and
WHEREAS, the said owners have provided to the City Clerk maintenance bonds
for the respective projects as required by said Chapter 19; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that
the said streets and the utilities within said subdivisions be and the same
hereby are accepted for public maintenance subject to the bond posted.
This resolution of acceptance shall not obligate the City to maintain any
of the following:
1. Drainage or utilities outside the limits of the public right-of-way,
regardless of whether located in easements or not;
2, Stormwater facilities outside public right-of-way;
3. Sidewalks installed piecemeal by developers or property owners
except upon final completion and inspection and separate
resolution of the Council.
ADOPTED THIS 14th DAY OF AUGUSJC, 1995.
ames P. Nix, Mayor
Attest
Evelyn V
Phillips, City 7
eark
14 August 1995
.:•
Councilman Overstreet introduced in writing, and moved for
the adoption of, the following resolution. Seconded by Council-
man Bishop, motion passed unanimously:
RESOLUTION NO. 491-95
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
that the City enter into an Agreement with the STATE OF ALABAMA
DEPARTMENT OF TRANSPORTATION, for:
Adjustment of one gas valve box
DOT project *99-609-022-225-518,
which Agreement is before this Council, and that the Agreement
be executed in the name of the City, by its Mayor, for and on
its behalf and that it be attested by the City Clerk and the
City Seal be affixed thereto.
BE IT FURTHER RESOLVED that upon the completion of the execution
of the Agreement by all parties, that a copy of such Agreement
be kept on file by the City Clerk.
PASSED, ADOPTED, AND APPROVED THIS 14th DAY OF AUGUST, 1995.
Attest Jam s P. Nix, Mayor
G n ll ll/l.. /yi •/
Evelyn P,JPhillips, City
Volkert & Associates, consulting engineers for construction
of enclosures.on the Sludge Drying Beds, gave a report on the
bids received, as advertised, and recommended the low bid be
accepted. There were two bidders for the project, CBE,Inc.,
of Mobile, ($56,155.00), and GMG Contractors, Inc., also of
Mobile, ($58,850.00). Volkert recommended acceptance of the
low bid by CBE, Inc. In response, Councilwoman Puckett
introduced in writing, and moved for the adoption of, the
following resolution. Seconded by Councilman Ford, motion
passed unanimously:
RESOLUTION NO. 492-95
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
that Mayor James P. Nix is hereby authorized to execute a contract
between the City and CBE, INC., of Mobile, Alabama, for the construc-
tion of Enclosures for the Sludge Drying Beds in the amount of
$56,155.00, as per the recommendation of, and under the supervision of,
Volkert and Associates, consulting engineers.
ADOPTED THIS 14TH DAY OF AU ST, 1995.
Jam s P. Nix, Mayor
Attest
ro
Evelyn Phillips, City er
14 August 1995
1690
Councilman Ford moved to authorize the Mayor to obtain
plans for the construction of the Activities Center; and to
request bids, for presentation to the Council. The Center is
to be built on Bayou Drive. Seconded by Councilman Duck,
motion passed unanimously.
Council considered an application for a Beer Off -Premises
License and a Wine Off -Premises License by Charlie Gibbs, Jr., dba
CHARLIE'S STORE, 1961 Young Street. The application has police
approval. A number of people from the neighborhood were pre-
sent to protest the approval of these licenses. Several people
mentioned the traffic problems they have now, there is no
parking area, and they just do not want any alcoholic beverages
for sale in their neighborhood. After much discussion,
Councilman Bishop moved to deny approval of the licenses.
Seconded by Councilwoman Puckett, motion carried by the follow-
ing vote: AYE -Ford, Bishop, Puckett, and Overstreet, (for denial).
NAY -none. ABSTAIN -Duck. Council does not approve the issuance
of these licenses to Mr. Gibbs at 1961 Young Street.
Council then considered an application for a Beer Off -
Premises License and a Wine Off -Premises License by Ed Nelson,
dba Tillman's Corner Quik Mart, 9990 County Road 48. The
application has police approval. This is a new owner of an
established business which had these licenses. Councilman
Ford moved to approve the issuance of the licenses. Seconded
by Councilman Overstreet, motion passed unanimously.
An application for a Restaurant Liquor License by Roxice
V. Jordan was next considered. Ms. Jordan will be doing business
as BAYLIGHT STEAK & SEAFOOD RESTAURANT, 800 No. Section Street.
This location was formerly operated under a Club Liquor License.
In discussion, a Mr. Hop Allen stated there were many problems
under the former operator... noise, traffic, and late hours. Ms.
Jordan replied she was going to be open from 11:00am to 12:00
midnight each day except Sundays when the hours would be 1:00pm
to 9:00 pm, no alcoholic beverages being sold on Sunday. After
more discussion, Mayor Nix called for action. There was no
response. Application died due to lack of a motion.
Marriott's Grand Hotel applied for a Club Liquor License
for their LAKEWOOD CLUB, INC., and for their GRAND HOTEL POOL
AND CABANA CLUB, INC., both located on the Hotel grounds at
One Grand Boulevard, Point Clear, AL. There was police approval
of the applications. There was proof of required publications.
Councilman Overstreet moved to approve the issuance of the
licenses. Seconded by Councilman Ford, motion passed unanimously.
Councilwoman Puckett moved to pay bills as presented.
Seconded by Councilman Overstreet, motion passed unanimously.
14 August 1995
1691
Mr. Charlie Belcher, Wild Oakes Subdivision, stated he was
there representing his neighborhood of some 21 families, and
wanted to compliment and praise the City workers for the excel-
lent care they gave to all of them during Hurricane Erin.
Local radio station, WABF, also sent a thank -you message
for the dedication of the city crews and all the help given
to keep the station on the air during Hurricane Erin.
There being no other business, meeting was duly
adjourned at 6:25 pm.
wyky� -' i •
s P. Nix, Mayor
4 4'�� G, 9A_a�2 -
Evelyn Phillips, Ci U
Clerk