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Home My WebLink About07-14-1980 Regular Meeting193 CITY OF FAIRHOPE X COUNTY OF BALDWIN The City Council, City of Fairhope, met in regular session at 7:00 p.m. City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama 36532. on Monday, July 14, 1980. Present were Mayor James P. Nix; Councilmembers C.O. McCawley, Trisha Nelson, Sam E. Box, Jack A. Stipes and David Ed Bishop; City Clerk Evelyn Phillips and City Attorney John Duck. Minutes of 23 June regular session, 26 June special session and 9 July special session were duly approved. A Public Hearing was held on the rezoning request by Amos Wagner, to rezone the east 250 feet of Mr. Wagner's leasehold located on the west side of Greeno Road approximately 300 feet north of Fairhope Avenue, from R-5 High Density Multi -Family Residential to B-4 Business and Professional Offices. The Planning & Zoning Board recommended the rezoning request be approved. No one present was opposed to the request. Councilman Bishop introduced an Ordinance amending the Zoning Ordinance as per Mr. Wagner's request. A Public Hearing was held on the Off -Premises Beer License Application by Delta Oil Company, Inc., dba FAIRHOPE DELTA MART, 150 So. Section Street. Mr. Glen Boom, President of Delta Oil Company, presented Proof of Publication. Several members of the audience spoke in opposition to the application, principally the Rev. Bill Calhoun, United Methodist Church 155 So. Section, and the Rev. H.B. Shepherd, First Baptist Church, 300 So. Section Street. The opposition centered around the close proximity of the convenience store(Fairhope Delta Mart) to the church buildings and areas of activity. Councilman Bishop read out a portion of a State Law which said alcoholic beverages could not be sold within a certain area surrounding an Alms House(Church). Mr. Boom advised the Council that that law was out- dated and,was unconstitutional. Councilwoman Nelson asked Mr. Boom if a Delta Mart had ever been cited for selling beer to minors. Mr. Boam said it had, some time ago, in Foley. Councilman Stipes moved to deny approval of the application. Seconded by Councilman Bishop, motion to deny carried by the following vote: AYE-Councilnembers Stipes, Bishop, Box and McCawley. NAY - Councilwoman Nelson. A Public Hearing was held on the Off -Premises Beer License Application by Otis Quaites, dba QUAITES PACKAGE STORE, located on 'Rain Beech Road. Mr. Quaites was present, however, he did not have proof of publication and did not know if his advertisement had appeared the proper number of times prior to the hearing. This application will be held over until the next regular session of the Council. Mayor Nix reported to Council the need for temporary financing of FEMA repair projects. A total of $697,473.00 has been approved by FEMA however, their funding ran out in February, after some $318,410 had been received. The City must finance the repairs, including $55,500.00 in Debris clearance and $16,000.00 in engineering fees not included in FEIA's total. After some discussion, Councilman McCawley introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Bishop, motion passed unanimously: 194 (July 14'80) RESOLUTION WHEREAS, certain repairs of Hurricane Frederic damage have been undertaken under the FEMA Agency of the Federal Governnent, and WHEREAS, FEMA finding has been delayed until approximately August, 1980, and WHEREAS, the City government must honor its obligations in a timely manner, THEN THEREFORE IT IS RESOLVED to request temporary financing from the First National Bank in the amount of Fourt Hundred Fifty Thousand Dollars($450,000.00) for a period of Ninety (90) Days at an interest rate of 5 3/4% per annun on the unpaid balance; said total sun to be requested of the Bank as needed and up to an amount as needed, not to exceed Four Hundred Fifty Thousand Dollars. ADOPTED this the 14th day Councilman McCawley presented the following report on the Camnuty Appearance Board R,eferenduan held 8 July 1980: QUESTION: Do you favor the establishment of a Corvuuty Appearance Board for the City of Fairhope as advertised in the East- ern Shore Courier on February 4th and llth, 1980, and as per March 6, 1980, Public Hearing? ANSWERED: YES NO Box 1 143 110 Box 2 84 73 Box 3 114 103 Box 4 124 112 Box 5 143 107' Box 6 132 116 Box 7 115 .96 Box 8 140 150 Challenge Ballots 16 12 Absentee Ballots 54 40 TOTAL 1,070 924 (July 14'80) 195 Councilman McCawley stated these votes show the public is in favor of the establishment of a Co minty Appearance Board. Councilman McCawley stated he felt, however, some questions should be answered or worked out before the Council adopts the proposed Ordinance to amend the Zoning Ordinance. Councilman McCawley made the following motion: "I move the proposed Ordin- ance as published in the Eastern Shore Courier on Feb. 4th and llth, 1980, in reference to a C rnnity Appearance Board be submitted to the Attorney General for an opinion as to whether or not the Board --is legal." Seconded by Councilman Stipes, motion passed unanimously. Councilwoman Nelson introduced an Ordinance to amend the Zoning Ordinance, establishing the C r=* ty Appearance Board, as published in the Eastern Shore Courier on February 4th and llth, 1980. Councilman McCawley moved a letter of. commendation be sent to Mr. Bill Milham and members of the Jubilee Optimist Club for an outstanding job in planning the Fourth of July festivities at the Bay; a letter to City Supt. Rutherford and all City Employees for doing a great job in cleaning and.preparing the Beach for the Fourth; a letter to Chief Gilheart and the Police Department for doing an excellent job in controlling the crowd and traffic; and a letter to Mr. Herbert Fuqua and the Volunteer Fire Department for their hard work in making preparations and the actual firing of the fireworks. Seconded by Councilman Box, motion passed unan- imously. . Mr. Bill Milham asked that some electrical work, some water fixtures and some sewer work be done at the Municipal Pier. An amount of $3,000.00 was mentioned to cover cost of materials, city crews to provide the labor. Councilman Bishop moved to proceed with this plan and funding should be from the Beach account. Seconded by Councilman Stipes, motion passed unanimously. Councilman McCawley said the VFW Club withdraws their request to be heard by the Council at this time. Mr. George Golfos, 4 Cannonade Blvd, Spanish Fort, Alabama., came before Council to complain about paying late charges on his gas bill. He was referred to Utilities Hearing Officer James Gillespie. Councilman McCawley moved to hear the following two items not on the Agenda. Seconded by Councilman Box, motion passed unanimously: Councilman Box moved to retain Attorney Willis Darby, Mobile, to defend City Officials in the Oaks -library case. Seconded by Councilman Bishop, motion passed unanimously. Councilman McCawley moved to accept a $25,000 Bond for performance of Landscaping at Baldwin Square. Seconded by Councilwoman Nelson, motion passed unanimously. Councilman Stipes moved to hear the following item not on the Agenda. Seconded by Councilman Box, motion passed unanimously: (July 14'80) 196 Councilman Stipes stated the Planning & Zoning Board would like to meet with the Council about drainage. Mayor Nix said a meeting would be scheduled as soon as possible. Councilman Box moved to pay bills as presented, plus a $77,655.50 invoice from S.J.& L., Inc. and $640.38 invoice from Moore Engineering on the Grand Hotel Project; plus a $153.00 invoice from Port-O-Lets Company. 1 Seconded by Councilman McCawley, motion passed unanimously. Meeting was duly adjourned. 6T