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Home My WebLink About10-23-1995 Regular Meeting1711 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, 23 October 1995. Present were Councilmembers John V. Duck, Michael A. Ford, David E. Bishop, and Layton Overstreet. Councilwoman Jeanette Puckett and Mayor James P. Nix were absent. City Attorney Marion E. Wynne was absent, City Clerk Phillips present. Mayor Pro Temp Layton Overstreet presided in the absence of Mayor Nix. There being a quorum present, Mayor Pro Temp Overstreet called the meeting to order. Councilman Duck moved to approve the minutes of the last meeting, October 9, 1995. Seconded by Councilman Bishop, motion passed unanimously. Councilman Bishop introduced in writing Ordinance No. 984, an ordinance to annex Voncille D. Smith's property, 0.88 acres±,at 19201 South Ingleside. In order to take immediate action, Councilman Duck moved to suspend the rules. Seconded by Councilman Bishop, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, and Overstreet. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 984. Seconded by Councilman Ford, motion to adopt passed unanimously by the following vote: AYE - Duck, Ford, Bishop, and Overstreet. NAY -none. Councilman Ford introduced in writing Ordinance No. 985, an ordinance to annex Daniel T. Chatwood's property located at the city's southern limit on Scenic 98 and Nelson Drive, containing 1.31 acres, more or less. In order to take immediate action, Councilman Bishop moved to suspend the rules. Seconded by Councilman Duck, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, and Overstreet. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 985. Seconded by Council- man Bishop, motion to final adopt passed unanimously by the following vote: AYE -Duck, Ford, Bishop, and Overstreet. NAY -none. 23 October 1995 - 1712 Councilman Duck introduced in writing the Initial Ordinance for the 1995-1996 Public Improvements Assessments Project, Ordinance No. 986. This ordinance lists the areas to be im- proved, states what improvements will be made, gives materials to be used, method of using same, states the ordinance is to be published twice, a week apart, in a newspaper published in, or of general circulation in, the City; and sets the date, time, and place when the affected property owners will be given estimated costs and will be allowed to protest the pro- ject (Monday, November 13, at 5:30 Council meeting.). At that meeting, the Council will adopt, amend, or cancel the improvements proposed for the 1995-1996 PI Assessments Project. In order to take immediate action, Councilman Bishop moved to suspend the rules. Seconded by Councilman Ford, motion to suspend passed unanimously by the following vote: AYE - Duck, Ford, Bishop, and Overstreet. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 986. Seconded by Councilman Ford, motion to final adopt passed unanimously by the following vote: AYE -Duck, Ford, Bishop, and Overstreet. NAY -none. Council considered an application for a Restaurant Liquor License by Ling -Lin Zheng, dba CHINA WOK, 400 Eastern Shore Shopping Center. This is the former location of Winslow's Cafe which had a Restaurant Liquor License. There was police approval of the application. There was no opposition to the license. Councilman Ford moved to approve the issuance of the license. Seconded by Councilman Duck, motion passed unanimously. Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously by the following vote: AYE -Duck, Ford, Bishop, and Overstreet. NAY -none: RESOLUTION NO. 499-95 WHEREAS, O.K. CUMMINGS and wife, LUCIA H. CUMMINGS, are the owners of Lot 28, Unit 2, White Grove Subdivision, and are the owners of all the property abutting on that portion of the following described property, to -wit: The West 10 (10) feet of a twenty (20) foot drainage and utility easement running along the East margin of Lot 28, Unit 2, White Grove SD, as shown on the recorded plat of said SD, recorded on Slide 1344-B of the Baldwin County Probate Records; AND, the said owners have filed a Petition with the City Council of the City of Fairhope, Alabama, requesting that said City Council give an assent to the partial vacation of the portion of the twenty (20) foot drainage and utility easement described above; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: That it is in the public interest that the partial vacation of the above described property be granted and that said partial vacation will not deprive and will in no way be detrimental to the City of Fairhope or other property owners. That the City Council of the City of Fairhope does assent to the partial vacation of a portion of the twenty (20) foot drainage and utility easement described as follows: The West ten (10) feet of a twenty (20) foot drainage and utility easement running along the East margin of Lot 28, Unit 2, White Grove Subdivision, as shown on the recorded plat of said subdivision, recorded on Slide 1344-B of the Baldwin County Probate Records; which said drainage and utility easement is situated in the City of Fairhope; that a certified copy of this Resolution be furnished to said Petitioners in order that the same can be attached to the Declaration of Vacation to be filed in this matter as provided for by Sec 23-4-20, Code of Alabama, 1975. ADOPTED THIS 23RD DAY OF OCTOBER, 19 5. ATTET CITY CLERK �- mes P. Nix, Mayor � d 23 October 1995 1713 Councilman Duck introduced in writing,.and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 500-95 DESIGNATION OF APPLICANT'S LOCAL AGENT BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That PHILLIP RUTHERFORD, General Superintendent, (334)928-8003, PO Drawer 429, Fairhope, Alabama 36533, is hereby authorized to execute for and in behalf of the City of Fairhope, a public entity established under the laws of the State of Alabama, this application and to file it in the the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 100-707) or otherwise available from the President's Disaster Relief Fund. That the City of Fairhope, a public entity established under the laws of the State of Alabama, hereby authorized its agent to provide to the State and to the Federal Emergency Manage- ment Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements as required. PASSED AND APPROVED THIS 23RD DAY OF OCTOBER, 1995. Attest [es P. Nix, Mayor velyn/JP. Phillips, C y Clerk -Treasurer FEDERAL EMPLOYER'S ID # 63-6001254 I, Evelyn P. Phillips, duly appointed City Clerk -Treasurer of the City of Fairhope, Alabama, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of the City of Fairhope, Alabama, on the 23rd day of October, 1995. City Clerk -Treasurer THE CITY OWNS ITS WATER WORKS, ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEWERAGE SYSTEM 23 October 1995 1714 Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Council- man Ford, motion passed unanimously: (After adoption, Willie Williams asked to be heard: He asked consideration be given to adding King/Lee holiday to list for next year.) RESOLUTION NO. 6 / 96"' BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE FOLLOWING 1995 HOLIDAYS WILL BE OBSERVED BY ALL CITY PERSONNEL EXCEPT EMERGENCY EMPLOYEES: 911etenwu 2ay -/0 23 �'24 �ii�as�iinaa - (Z9lc�e atnacm c��:i�ar� 2ecenkx 22 �',25 �_RQ LVealx� _Ooly - a4� DULY ADOPTED THIS 23RD DAY OF OCTOBER, 1995. JAMES P. NIX, MAYO ATTEST k0 EVELYI)d . PHILLIPS, CITY 23 October 1995 1715 Change Orders #1 and #2 on the contract with E-J Builders to renovate the Golf Course Clubhouse were discussed. The minor changes contained will result in a $244.00 deduction from the contracted price of $261,000.00. Councilman Duck moved to accept and approve Change Order #1. Seconded by Councilman Ford, motion passed unanimously. Councilman Bishop moved to accept and approve Change Order #2. Seconded by Councilman Ford, motion passed unanimously. Councilman Ford moved to add Ruben S. Nolte and Charles C. Sullivan to the Police Reserve roster as requested. Seconded by Councilman Duck, motion passed unanimously. Mr. Shep Shepherd asked the Council to consider reserving some seven parking spaces in front of the new Centennial Hall for persons wishing to visit the City Museum. Mr. Shepherd said the Museum work is moving along rapidly and an opening day will soon be set. He has noticed that there are no reserved spaces for visitors and the Faulkner students pretty much use every available parking space at the College. Mayor ProTemp Overstreet advised that he and his Street Committee will look into the matter and make a report to the Council at the next regular meeting. There being no further business, meeting was duly adjourned at 5:50 pm. Layton Overstreet, Mayor Pro Temp elyn Pi. Phillips, Cit lerk