HomeMy WebLinkAbout04-08-1963 Regular MeetingSTATE OF ALABAMA,
County.; of Baldwin
The City Council of the City of Fairhope met in: regular session at the Ct:ty
Hal t, Monday,. ApriL. B, 1963 at 7330- P.M. with the following members present:.
Mayor Schnei;de:rr, CounalIment Boone, Gaston„ NeLson, Poser and Schormer•
Mtautes of the previous regular meeting were approved•
Airport Board Ordinance introduced) at the meeting of March; 25, 1963 was
brought up. for discussion and withdrawn for re-vtsion and retntroduction at
the next regular meeting of the Counci t e.
Motion by Councilman Schermer seconded by Counc i I man Poser that the follow-
tng; Orrd i nance be introduced as rec:ommendeed by the Fa i rhope Planning and
Zoning Commission. Mot t orr carried •
BE 1' T ORDAINED BY THE C 1 TY C:OUNC11- OF THE CITY OF FAI RHO PE, ALABAMA,
that SECT tON 13 — D I STR ICT BOUNDAR i ES, Zan t ng, Ord,I nance #295 of the C t ty of
Fai rhope be amended as for 1 owsa.
The reaming; from. Root to R-3 anl.l of the tandl i n the John Forbes Grant,
Sectiom 7, Township 6 South, Range 2 East, bounded on the South, by the
Parker Roved, bounded on the West, lay U. S: H i ghway No* 98, bounded on the
h6rth by Rock. Creek and, bounded on the East by the Grant Line, containing
28 acmes more or less, providing that a restrictive covenant eliminating,
mobtle homes parks be attached to the deed and providing further that the
overs.l 1 development plans allow set` —tracks commensurate with the surrounding
property,*
Mot -tom by, Counci Iman Schermer seconded by Coune11men Boone that the fol low
tng Ordi nence be tntroduced as recommended by the Fa i rhope P t ann i ng; and
i C I Zoo i Mot i orn e�rrri eecl
ng %A4 ss .on.
BE IT ORDAINED BY THE CITY COUICIL OF THE CITY OF FAI.RHOPE, ALABAMA,
that SECTION 13 - D tSTR ICT BOUNDARIES, Zoning Ordinance tom• of the City of
Fatrhope be amended as foi1owsr
The rezon i ng from R-2 to Mw►1 all of Lots 7 and 8 and east four feet of
Lot 9, Btcck 26 and al t of Lot 10 and West twentyone feet of Lott 9, Mock: 35*
D twi si on II;. located can North side of Johnson Street between Brown and Mershon
Streets.
10
Matlom by; Counci Iman Nelson seconded by Counci Iman Poser that the fol lowing
Resod ut i on be adoptedt:
WHEREAS, The S tate of At abama has a 7g per Sol 1 cm., tax on av t at ion:
gaol the and this tax money is being. spent to build andextend the airports:
andifaciltties in all our towns.
WHEREAS., The State of Alabama i:s now near the top of the list im the
nattonjn good airports in-, smaller towns, making flying safer for at who fry.
WHEREAS.. One fourth of the avtottorr, gars tax is given back to the communt-tyj
in which tt- is collected, and must be used to, keep the ai"rport in good cordtion.
WHEREAS, The State of Alabama teals the Nutt= in, new air markers thereew
byj het p I ng! 64 l who f 1 y to na wi gate proper I W.
WHEREAS, The truck; IInes, bus 1tnes and private automobiles pay a Soso Itne
tax of t i ¢ per gat l on and airlines and private plane owners pay, 7¢ per gal i cno
WHEREAS, tf the gas tax I's reduca&. to 1g, it wi tl ,just abouit wipe out
all. new -funds for airport construction, wtl i wreck -the Alabama Airport construc.-
tti:ae►;, program. in alk but a few.- large etties, will reduce to almost nothing,
direct refunds tQ "tcipal i't i'es and; the Alabama Department of Aeronautics
wt11= be a Department` -of the State in name onl y
WHEREAS& The extstanc* of airport far-iLtttes in the many, towns has
already, been and wt i l cart i nue, to be the deciding factor im attracting tndustry
to our State _af AEmebamwo
THEREFORE" BE I T RESOLVED, That the Mayor and C I ty Counc I I. of the C t ty of
F a I r tope, A I abar►a here t rn meet i ng arse mb l ad da hereby go orr, record as favor i ng
the retention and coat tnusence of the y tax on av i at i om gasot i ne and ask. that
the: men and women, who fly and pay the tax support the retent ion, so tthat our
State of A.labamalwill be number one in the Nation tn, a•irpor'ts and airport
faci I:ttiees.
ADOPTW* This the Sth day of Aiprtl, 1963.
Upon being put` to vote the following; vote was recorded` Votinq Fort Mayor
Schnetder„ Counci Imen Nelson and. Poser. voting; Aigsinstt. Counct Iman Schermer•.*,
Counci I, man Boone and Counci tman Gastom not veottng• Mot ion. carrri"ed.
Motton, onr, by Counc i t man Boone seconded' by, Counc i I mann Gaston that the C t ty advertise
for W ds orr� commun testton. equt pment for City Garage. Bids to be opened at
the next regular meeting of ttheCi'ty Counci I on Aprtl 22, 1963. Motion,
carri eat.
Mahon byj Coune I Iman Poser seconded by Counci Iman Gaston that 1st t 1 subm;i tted
by Byrd L. Moore Co. i'n amount of $IAA*00 be approved for payment« Motion.
carr i ecd•
Motion byi Councilman Gaston seconded by Councilman Netson that Mrw. Helerr
Dysorr,�, Mary i n Bergl in and' Joe, Schneider be reappointed to. the Board, of Manggers
of the School of Organic Edua:aotton. Mot i onn carried,
Motion by Coulicttmarr Schermer secondeed by CouncIIman Boone that the f*111owing
-it�oot3armasxYdexartNq�a Ordtnance be introduced, Motion carried*
2
BE IT ORDAINED BY THE C ITY COUW- I L OF THE CITY OF FA IRHOPE, ALABAMA*
That Section 5*-2 of the Codeeof the. City of Fairhope be amended byi changino
said Section to read' as fol towsr.
?/11
aSec., 5-2. Permits; issuancae* fees and Jura#ion•
(A) The city clerk: shalt have authority to issue buoi (ding permits
for bwi tdings to be erected outside of the Ctty t i:mi.'ts of the City of Fairhope
but wtthi'n the: police jurisdiction, thereof, upon appitcation maate
o
owner without charging anyt ffes therefor*,.
'Anyi' persons f arm; or corporation erecting a bui l dsi ng w tth in the
pot ice jurisdiction but outside of the Corporate limits of the Gity of
Fitrrhope, shot 1 f first make appt tcatton for a. bu i tiling percmtt om. the form
prepared' by the Building linspector, which permit shall not be grantedunless
the apptteati:on shows compitence with the Munitcipat. Zontng laws for that arree•
The city clerk shall have authority to issue: Wilding permits
and collect the foil towing fees therefor, on buildings being erected, modified,
etc., within the copporate limits of the City of Fairhopes
Cost of Fee to be charged for
Improvements butl.ding permit
Up to #500000 # 4.5G.
5al.00 ta'. 10000.00 2.50
1.001.00 to 20000.00 5.00
2.001.00 to 5 #000.00 10000
50001.00 to 10*000.00 15,00
10,00#000, to 20,•000.00 20.00
200001.00 to 40a000.00 3•Q0
40001.00 to 65,000.00 40.00
65i001.00 to 100000.00 50.0O
i'00,001.00 to 15fl,000.00 75.00
For improvements costing; in excess of 0504000.00, the fee for the budding
perwitt shall be #75400 plus #25.00 for each #50#000.00 or fraction khereof
to excess of $1'50POW.00
All: l work, and construct -ton outhor i zed' to be done under a permit, shall
be completed within twelve (t2) months from the date permit is issued, and
not. -thereafter, If such authorized work and construction shall not have been,
compl.etled within such twelve (12) month period, work, and construction thereon
sha t t cease unless and until a special permit therefor sha t t be granted in,
t i ke manner and for t i ke fee as the ortg i na 1. permit i ssue4m (Ord. No* 234s.
Sec- 3, &-t3-55�`;
Counci I dt scu ssed' ob fti n tng el ec tric customers in C i ty L i m tts i ra Vol ante are&
now, being servred by Riviera Uti'►tti:es prior to new contract between the City/
and Rivlere Uti ti'ties. Mr. Lacey instructed to obtain necessary information
to compete purchase•
Councilman Poser tntroduced the following Ordinancet
�;3
ORDINANCE NO...
AN ORDINANCE,TO CLASSIFY .AND REGULATE, THE INSTALLATION, &RECTION
AND CONSTRUCTION OF SIGN BOARDS: TO PROVIDE FOR THE ISSUANCE OF
PERMITS: ANDS TO FIX THE FEES THEREFOR: ANDI TO FIX A PENALTY FOR
THE INST.ALLA'TIOIv,, ERECTION OR CONSTRUCTION OF SIGN BOARDS IN VIO-
LATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPEj ALABAMA, as follows:. {
Section 1. For the purpose of this ordinance and the
regulations and provisions thereof, signs are hereby classified
as follows:: Ground sign boards, roof sign boards, wall bulletins
and commercial illuminated signs.
Section 2. No sign board of any description shall be
erected within the limits of the City of Fairhope until the
consent in writing of the owner or agent of the premises upon
which said sign board is to be erected has been filed with the
Building Inspector,
Section 3. No ground sign board, or roof sign board
erected or constructed before the passage of this ordinance shall
be relocated or rebuilt, without being so located and rebuilt as
to be brought into compliance with this ordinance and until after
a permit has been obtained from the Building Inspector to affect
such alteration.
Section 4. No sign board of any description shall be
installed, erected or constructed in the City'of Fairhope in such
a manner as to obstruct the view of traffic along any public street,
highway, thoroughfare or alley..
Section 5. No sign board of any description shall be
installed, erected or constructed in the City of Fairhope in such
a manner as to in any wise increase fire hazard within said limits
of said municipality.
Section 6. No sign board of any description shall be
installed, erected or constructed in such a manner as to endanger
the public health, safety or sanitation of the City of Fairhope.
( 1 )
a-5 -
Section 7. No sign board of any description shall be
installed, erected or constructed.in such a manner as to hamper
or interfere with the said city's exercise of its police powers.
e
Section 8. No sign shall be erected or maintained in
residential districts R-1 and R-2 as established by the zoning
laws of the City of Fairhope except that unlighted7 non -electric
signs shall be permitted on properties as follows:
a. One (1) unlighted nameplate not exceeding one
square foot in area indicating the name of the occupant.
b. ,Indentification Signs. One (1) indentification
sign not exceeding four square feet in area shall be permitted
for uses other than single family residence and permitted in the
residential districts as set forth above.
c. Sale, Rent Signs. One (1) sign not exceeding
two feet square in area for each parcel of property to be
advertised for lease, rental or sale thereof.
d. "No Trespassing". One (1) sign not exceeding
three square feet in area for each parcel of property to warn
against trespassing.
e. Protection Service Plated. In the case of the
business of operating a private patrol or other protection service7
an unlimited number of etched or stamped metal plate signs not to
exceed forty square inches may be posted on premises utilizing the
service, with not more than three signs to each place of business
or residence.
Section 9. Every ground sign board, roof sign board, or
all bulletin hereafter constructed or maintained shall be plainly
marked with the name of the person, firm or corporation erecting
and maintaining suc,[ sign and shall have affixed on the front
thereof the number of permit issued for said sign by the Building
Inspector.
( 2 )
Section 10. Permits Required: No ground sign board, roof
sign board, wall bulletin or eommert¢al illuminated sign shall be
hereafter erected by any person, firm or corporation except as
prescribed in this ordinance and until after a permit to erect
the same has been. obtained from"the Building Inspector. No such
permit shall be issued by the Building Inspector until after an
application has been filed with him, showing the plans and
specifications, including stress diagrams or tablulated stresses,
domfhsions, material and details of construction of proposed sign,
together with complete details showing method of anchoring,
accompanied by the vjritten consent of the owner, lessee or agent
of the property upon which it is to be erected,hor uh-til all the
provisions of this ordinance relating to such structure shall
have been complied with, nor until after the Building Inspector
has been paid the prescribed fee for every such permit. The
Building Inspector may prescribe suitable regulations consistent
with the provisions of this ordinance concerning the form and
contents of all applications for the various forms of permit
herein required.
Section 11. All permits for signs shall be issued by
the Building Inspector upon application therefor after approval
by the Building Inspector, upon the payment of the required permit
fee, which permit fee shA11 be as follows: First; The permit fee
for the erection of a ground sign board shall be $2.00. Second;
The -permit fee for the erection of a roof sign board shall be
$10.00. Third; The permit fee for ttie erection of a wall bulletin
shall be $1.00. Fourth; The permit fee for the erection of a
commercial illuminated sign shall be $2.00.
Section 12. .Annual Inspection: It shall be the duty
of the Building Inspector or his authorized agent to inspect
every ground sign, roof sign, wall bulletin and commercial
illuminated sign at least once annually.
( 3 )
Section 13. Ground Sign Boards: A ground sign as
used in this ordinance shall mean any sign board erected,
constructed or maintained for the purpose of displaying outdoor
advertising by means of posters, pictures, pictorial or reading
matters, when such sign is supported by uprights, or braces,
placed upon tt:e ground and not attached to any part of any
building.
Section 14.. Any person or company occupying any vacant lot
or premises with a ground sign board shall be subject to the same
duties and respdnsibilities as the owner of the lot or premises,
with respect to keeping the same clean, sanitary, inoffensive
and clear of all noxious substances in the vicinity of such
ground sign board.
Section 15. Roof Sign Board: A roof sign board as used
in this ordinance shall mean any sign erected, constructed or
maintained upon the roof of any building. No sign shall be placed
on the roof of any building so as to prevent the free passage
from one part of the said roof to any other part thereof, or inter-
fere with any openings in such roof and no sign that is placed
upon the roof of any building shall project beyond the edge of
said roof in any direction. All roof signs shall be so con-
structed as to leave a clear space of not less than six feet
between the roof level and the lowest part of the structure
and shall have at least five feet clearance between the verticle
supports thereof; and every roof sign shall be set bacla, at least
four feet from the face of any front or rear wall.
Section 16. Every roof sign shall be constructed entirely
of steel construction, including the upright supports and braces
of the same, excepting only that the ornamental moulding and
battens behind the steel facing and the decorative lattice
work may be of wooden construction.
( 4 )
Section 17. All roof signs must be so constructed as
to withstand a wind pressure of not less than thirty pounds
to the square foot of area to such pressure and when erected
upon buildings which are not of Type I Construction, the bear-
ing plates of said sign shall bear directly upon the masonary
walls or upon steel girders which are supported on this masonary
walls and intermediate columns in the building.
Section 18. Every sign and all the supports, braces,
gpys and anchors thereof shall be kept in repair and unless
galvanized shall be thoroughly and properly painted at least
once every two (2) years and the Building Inspector may order
the removal of any such signs that are not maintained in
accordance with the conditions of this Section,
Section 19. Wall Bulletins: A wall bulletin as used
in this ordinance shall mean any painted sign or poster on any
surface or plane that may be affixed to the front, rear, side
or court wall of any building.
Section 20, Commercial Illuminated Sign: A commercial
illuminated sign as used in this ordinance shall be any letter,
work, model, sign, devise or representation used in the nature of
advertisement, announcement or direction, illuminated by electricity
and extending over the sidewalk beyond the building line.
Section 21. The permit to erect or maintain any sign
under this ordinance shall be good for one year. The Building
Inspector may issue a renewal of the permit issued hereunder
upon the expiration thereof or within thirty days thereafter,
upon the payment by the applicant of a nenewal fee of $2.00
and by surrendering the old permit accompanied by satisfactory
proof in the form of an affidavit that the sign is as safe as
when originally licensed and that the wiring or piping of the
same is in good condition.
Sect:.on 22. In case any sign shall be installed, erected
or constructed in Violation of any of the terms of this ordinance
( 5 )
the Building Inspector shall notify by registered mail or
written notice served personally, the owner or lessee thereof
to alter such sign so as to comply with this ordinance and to
secure the necessary permit thereafter or to remove the sign.
If such order is not complied with in ten days the Building
Inspector shall remove such sign at the expense of the owner
or lessee thereof. `
Section 23. Should any ground sign roof sign, or
wall bulletin bey or become insecure or in danger of falling
or otherwise unsafe7 in ttre opinion of the Building Inspector?
the owner thereofq or the persons maintaining the same, shall
upon written notice from the Building Inspector forthwith in
case of immediate danger7 and in any case within ten days,
secure the same in a manner to be approved by the Building
Inspector, in conformity with the provision of this ordinance.
Section 24. That any person who violates any of the
provisions of this ordinancef shall be deemed guilty of misde-
meanor and upon conviction shall be fined. in a sum not to exceed
$50.00.
Section 25. That each day such signs or bill board is
permitted or allowed to remain in such place in violation of
this ordinance shall constitute a separate and distinct offense
on the part of the person, firm or corporation, who so erected,
placed or installed such sign, and each such offense shall be
punishable by a fine in the suj# not to exceed $50.00.
Section 26. Should any section. or provision of this
ordinance be held to be invalid by any court of competent
jurisd.iction7 such holding shall not affedt the validity of
any other section or provision of this ordinance, which is
not of itself invalid.
Section 27. This ordinance shall become effective from
and after the date of its passages enrollment and publication,
Page 6 of six pages.
Motion by/ Counc i [men Schermer seconded by/ Counc i lman Boone that B 11.1 board
Ordinance -be submitted to the Planning Board for an opimion prior to action of
the: C.i ty Counc i 1 * Vr'ot i ng; Fors; Counc: i I merit Boone, Gaston and' Schermer.
Vot i ng; Alai nstt Counc.i I ment Net son and, Poser. Mot i on carried•
1--mr. Dates and Mr. Nahirgang requested that Val ley Drive be included. in the
next pavvi ng program of $fa 00, per foot* Mot ion by Counc i I man Boone seconded
by Councilman Schermer that -the C i:ty Attorney and Business Administrator be
instructed to advise Mr. Gates and Mr. Nahijgang.. that the City is wit 1 ins, to
share in, the: improvements on Vat ley Derive irr an mount equal to the Ci tyt s
port ion of the_ streets now under consideration and now being; worke& im air
assessment proWpbm ff- 4*00, pgr foote The Val ley Drive improvement to be bid
as an alternate bid to •stab l tsh: its unit piri c+e in) relation to) un i.'t price of
other portion of this program,.
If this proposition is satisfactory to Mr. Gates and Mr. Nahraang, the City
Attorney is instructed to -prepare necessary agreement for Council approval*
This offer is for the next Street Improvement program of the City*.
The engineering costs acre to be borne by parties concerned and reimbursed if the
Vattey Drive: improvement is done under the next street improvement* Moti'm,
carried,
Motion by Councilman Boone seconded, by Councilman Nelson that the City send John
ReanhamAK fIn Seri car► met -or Sichoo 1 in Erie. Pa. Motion carried*
Moti;on.by Councilman Gaston seconded by Councilman Boone. that Smith, Dukes:
and Buckaiew be retained as auditors for the fiscal year ending September,
19.63e Motion careri ed'e
Moti'on by Councilman Poser seconded by Councilman Nelson that Ed Warley be
appointed to:the Harbor Board and serve as Dock Master for Municipal Docks*.
Motion carried*
Mr. Hawie requestedan inspection of the Casino upstairs by Mr. Stuart, Fire
Marshal,. and C tty f1'ff ici al se He further requested that he be notified! when
inspection wi"1L be made*
Motion by Councilman Schermer seconded by Councilman Poser that the bills
be approved for payment*
Mot ton by/ Counc i;1 man Boone seconded by/ Counc i lmen Schermer that the meet ng
ad journe, Motion carr-iede
Approved
Z_X, ,, Z/ 1-1-,7
Attest.
a51
General Fun*;
Robert S. Bateman and: Assoc*
John R. Cowley/ & Bro•$, Inc.
Fai rrhope Courier
Fai rrhope Shot 1 Service
Fii rhope.- Dupt tcati ng Service
Fa:i r: hope: High School;
Fairhope ftrrdwere
Fatrrhope: Ctey, Products
Gastom Motor- Co.
Huffman l ns. Agency
Wt.rgi 1 Horston
Kl umpp Motor. Cow
Melton Garage
Motiri le: Press
Len Mayer Co..
Maury Ins. Agency/
McKean Hdpee.
01 twere Restaurant
Nix and Fleming,
Ruf f lies
Val tey Forge Flog Co.
Western Lumber and Supply
Watt i e rr Bros.a Inc.
Western Auto Stoma.
RayrBrooks
E. G. Rickarby
John M. Warren
Standard 0 t t Company
El.eactri cr:
Baird. S:teet,, Inc.
Foi rhopeF Hordwam
Fa i rhopw t rrmscyr
Gaston Motor Co..
Han0s Welding
Mil. t I"Soberg.
Hatf iold an# Co*
Mel ton Garrage
Material Salles.
Marine �peci lwtty�
McKean Hardware
Ni:x and Fleming
Reynold*: Firestone
RudV s Aul awftvm Suppty,
Superior Harrdware
Turner Supptyf
Westem- Lumber
Posen Printing, Coo
Standard 04 1 Go.
Gas*:
Amairi can Meter. Co.
Busy Bee Gar. aw
Gaston, Motor Co.
Hand's Welding
Melton Garage
Moteri at Sates
M. & S, Service Stat i orr
McKean Hardware
Maitthews Electric Uppty
Ruff Iea Co..
Bimt fti n, Transfer
Poaer Printing Co.
H & R. Instrument Co.
Standard Equrpmw-, t Coo.
StandardiOtI Company
IG-50
25.50
43.64�
59.5G'
68oLO
25*00
60*00'
32.31D
46.88
20.00
114.73
86.21
30•40
18.00
17.50
8.10
2060
39.0Q-
12.69
29'44
24-78
36605
I!,20
427 19
12.26
79.90
625.31
151"M
372
44 32
27.83
199.45
288.07
223..10.,
88,23
1 *46
29.02
5.78
28.35
61 *12
.90
t 099
35&64
11,58
38,90,
1W33
679.10
6.25
8.80,
121.50
23.50;
74#77
600
1.35
2.67
1.50
26.07
38.9D
1.01960
710.47
105.90
a 3�o
Water and Smart
Badger Metter Co..
63.54
J'anseni Mfg.. Po`
75,00
Mettom Garage,
9:b5
Material sales,
39:60
Mueller Co.
7•85
Neptune Meter Co.
24+79
WTIttrichen Chemical" Go.
76,50
Wit t mama Jinatry & Mfg. Q.o.
15TOO
Standard Equipment Co,
366:8T
Standardl0tl Company
105.90
RecreatIont.,
Nairionat Whol*sWe Dist. 96.39
r