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HomeMy WebLinkAbout07-27-1981 Regular Meeting303 CITY OF FAIRHOPE COUNTY OF BALDWIN The City Council, Cit y Present were Mayor James P. Nix; Councilmembers Roy C. White, Trisha Nelson, Sam E. Box, and C.O. McCawley; City Attorney John Duck and City Clerk Evelyn P. Phillips. Councilman David E. Bishop was absent, on vacation. Minutes of the 13.July regular session and the 17 July special session were duly approved. Councilwoman Nelson, introduced, and moved for the adoption of the following two Resolutions. Seconded by Councilman White, motion passed unanimously. Mayor Nix presented the resolutions to the honorees: 14-81 Dick Turner Resolution Whereas, Dick Turner goes quietly and unnoticed about his business of helping distressed motorists, many critically injured in accidents, and Whereas, Dick is an call twenty-four hours a day, seven days a week answering the call for help; rain, shine sleet or snow Dick is always ready to go, and Whereas, Dick has faithfully served this community for over twenty years never failing to answer a call. Now therefore, be it resolved, that the Mayor and Council go on record thanking Dick Turner for his untiring and endless service to his community and that a copy of this resolution be spread upon the minute book of the City of Fairhope. 15-81 W.J. Nelson Resolution WHEREAS, W.J. Nelson served the City of Fairhope with distinction as a City Councilman for a number of years, and WHEREAS, W.J. Nelson has been most benevolent and helpful to his great number of friends and neighbors over the years in their time of need, and WHEREAS, his advice, guidance and distinguished service has been an immeasureable benefit to his fellow man. (7/27/81) 304 NOW THEREFORE, BE IT RESOLVED, in recognition of his dedication and outstanding service and contribution to the City of Fairhope and to his fellow man, that a copy of this resolution be spread upon the minute book of the City of Fairhope. Councilman Box moved for final adoption of an Ordinance to rezone Mrs. Adalade Malone's property at 250 Burgundy St. which had been introduced at the 13 July regular session. Before a second was made to the motion, discussion began with Mr. Brabston of 252 Burgundy stating again his objections to the rezoning. Mr. Al Johnson pointed out a provision of the Zoning Ordinance #557, Section 7.54 which says the Council may not act on a proposed zoning amendment when the tentative action is not in accord with the Planning & Zoning Commission's recommendation -without first resubmitting the proposed amendment to the Planning & Zoning Commission for an additional review and recommendation. City Attorney Duck agreed that Ordinance No. 557, Section-7.54 did call for a resubmission as stated, however, it is unclear as to how properly to obtain a "tenta- tive"action. After more discussion, the matter was resolved by polling the Council: three were for rezoning and one was against. Since the Planning & Zoning Commission recommended denial of the rezoning, Councilman Box changed his motion to adopt the Ordinance to a motion to refer the matter back to the Plan- ning & Zoning Commission for another review and recommendation. Seconded by Councilman McCawley, motion passed unanimously. Councilman McCawley moved for final adoption of Ordinance No. 677 an Ordinance to authorize the Zoning Enforcement Offi- cer to have abandoned. vehicles removed. Seconded by Council- woman Nelson, motion passed unanimously. Councilman White moved for final adoption of Ordinance No. 678 an Ordinance increasing Municipal Court Costs. Second- ed by Councilman Box, motion passed unanimously. Councilman McCawley introduced an Ordinance to increase the Airport Board from three members to five members. Councilwoman Nelson moved to authorize the Mayor to sign a contract on the construction of a concession stand at Volanta Ballpark as recommended by the Recreation Board(with Crittenden Enterprises). Seconded by Councilman Box, motion passed unanimously. Mayor Nix reported to Council he had been investigating the feasibility of converting city vehicles to use natural gas instead of conventional fuels and he was very much impress- ed with the information he had gathered so far. Mayor Nix said he could see a possible $40,000 savings the first year. After some discussion, Councilman Box moved to authorize a request for bids on converting. Seconded by Councilman McGawwley, motion passed unanimously. P_ (7/27/81) M) In response to a request from the Community Appearance Committee, Councilman White moved to authorize the purchase of 12 Oak 50-gallon Whiskey Barrells and 8 half -barrels for use as trash containers and planters in the downtown area. Seconded by Councilwoman Nelson, motion passed unan- imously. Councilman Box moved to hear the following business not on the Agenda. Seconded by Councilman McCawley, motion passed unanimously: Mayor Nix read a letter from the First Baptist Church requesting the use of the Fairhope Stadium for revival service to be conducted by the Evangelist Moody Adams, sponsored by Baptist Churches of Bladwin County, on Sectember 20th through September 24th. Councilwoman Nelson said this request should go to the Recreation Board rather than the Council. Council- man Box moved to -refer the request to the Recreation Board, recommending approval. Seconded by Councilman McCawley, motion passed by the following vote: AYE -Box, McCawley, and White. NAY -none ABSTAIN -Nelson. Councilwoman Nelson moved to pay the Recreation Department bills as presented. Seconded by Councilman Box, motion passed unanimously. Mayor Nix announced that tonight's session of the Council was a rather sad occasion since City Attorney John Duck, after some 23 years of service, had decided to tender his resignation effective 1 August 1981, due to his private law practice and his wish to have more time for his family. In acceptance, Councilman Box introduced, and moved for the adoption of, the •following Resolution. Seconded by Council- woman Nelson, motion passed unanimously. Mayor Nix presented a framed copy of the following Resolution to Attorney Duck: 16-81 John Duck Resolution Whereas, John V. Duck was appointed City Judge January 1, 1958, and Whereas, Mr. Duck was first appointed City Attorney November 9, 1959, and Whereas, Mr. Duck saw fit to tender his resignation as City Attorney August 1, 1981 due to increasing demands of his practice and a desire to spend more time with his family, and Whereas, during his twenty plus years of service to the City Mr. Duck has made it a point of staying abreast and well informed of the ever changing mmicipal law, in itself a specialized field, and Whereas, his advice, guidance and distinguished service has been of immeasurable benefit to the City of Fairhope, his integrity and 306 (7/27/81) keen insight have won for him the admiration and warm esteem of his many friends and associates. Now therefore, be it resolved, by the Mayor and City Council of the City of Fairhope that we express our deep appreciation to Mr. Duck for his tremendous contributions to the City over the years, and wish for him godspeed in the future. Mayor Nix announced he would like to appoint Municipal Judge Jim Reid to the position of City Attorney with Council approval. Councilman Box so moved, seconded by Councilwoman Nelson, Motion passed unanimously. Mayor Nix then appointed Attorney Marion Wynne to serve as Municipal Judge for six months. Councilman McCawley moved to approve the appointment. Seconded by Councilman White, motion passed unanimously. Meeting was duly adjourned. r ri