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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