The URL can be used to link to this page

Home My WebLink About08-13-1990 Regular Meeting1119 STATE OF ALABAMA Z COUNTY OF BALDWIN X 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, 13 August 1990. Present were Mayor James P. Nix; Councilmembers Roy C. White, David E. Bishop, Michael A. Ford, and John V. Duck; City Attorney Marion E. Wynne and City Clerk Evelyn P. Phillips. Councilwoman Jeanette Puckett was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 23 July 1990 regular meeting, with the correction of showing Councilman Duck among those present*, were duly approved. Before beginning agenda business, Mayor Nix introduced Reba Cunningham and Alletta Jackson of the Eastern Shore Swim Associ- ation. These ladies advised Council that Fairhope had hosted the Greater Mobile Area Swim Meet for the first time and had placed second in the Teen Division. A plaque, to be placed in City Hall, was presented expressing the Association's thanks for the City's support. There were 17 teams represented at the Meet and some 800 participants. A public hearing on an ordinance to amend the Zoning Ordi- nance was held as advertised. This ordinance will amend Section 7.145.01 (landscaping) and Section 7.851(2) (temporary signs). The Planning & Zoning Commission recommends adoption of this ordinance. No one present was in opposition to the ordinance. Councilman Bishop introduced the ordinance which will be considered for final adoption at the next regular Council session. Councilman Ford introduced ORDINANCE NO. 859, an ordinance to establish a special charge of $2.00 per tire for placing old tires in the city's landfill, effective 20 August 1990. In order to take immediate action on this ordinance, Councilman White moved to suspend the rules. Seconded by Councilman Duck, motion to suspend passed unanimously by the following vote: AYE - White, Nix, Bishop, Ford, and Duck. NAY - none. Councilman White then moved for final adoption of Ordinance No. 859. Seconded by Council- man Bishop, motion to final adopt passed unanimously by the following vote: AYE - White, Nix, Bishop, Ford, and Duck. NAY - none. Next Page... *see 7/23/90 minutes for correction. 13 August 1990 1120 Councilman White introduced ORDINANCE NO. 860, an ordinance to provide for the elimination of or repair to Dangerous Buildings within the City. In order to take immediate action on this or- dinance, Councilman Bishop moved to suspend the rules. Seconded by Councilman Duck, motion to suspend passed unanimously by the following vote: AYE - White, Nix, Bishop, Ford, and Duck. NAY - none. Councilman Duck then moved for final adoption of Ordinance No. 860. Seconded by Councilman Bishop, motion to final adopt passed unanimously by the following vote: AYE - White, Nix, Bishop, Ford, and Duck. NAY - none. Councilman Duck introduced an ordinance to allow certain or- dinances and certain sections of the Fairhope Code of Ordinances to be penalized by the issuance of a MUNICIPAL OFFENSE TICKET; authorizing the Mayor to designate certain city employees to issue same; establishing fines; and repealing conflicting ordinance provisions to the extent of conflict. This ordinance will be given final adoption consideration at the next regular Council session. Councilman Ford introduced, and moved for the adoption of, the following resolution. Seconded by Councilman Bishop, motion passed unanimously: RESOLUTION NO. 316-90 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor James P. Nix is hereby authorized to execute an agreement between the City and BTC, INC., allowing BTC, Inc., to give the City a mortgage and a $150,000 Prom- issory Note on White Grove Subdivision in lieu of the usual two-year performance bond. ADOPTED THIS 13TH DAY OF AUGUST, 1990. Jam s P. Nix,Mayor' City Verk I Councilman Bishop introduced, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: (Res. No. 317-90 on next page...) 13 August 1990 1121 RESOLUTION NO. 317-90 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: WHEREAS, the Fairhope Planning Commission has approved a 27-lot subdivision known as White Grove Subdivision; and WHEREAS, the owner thereof, BTC, INCORPORATED, has caused to be installed therein certain streets and utilities; and WHEREAS, the Engineer of Record has furnished to the City "as built" plans and has further affixed his Certificate thereto as required by the Fairhope Code of Ordinances; and WHEREAS, except for required two-year maintenance bond, the said owner has furnished evidence of compliance with the re- quirements of Chapter 19, Fairhope Code of Ordinances; and WHEREAS, the said owner has, in lieu of maintenance bond, entered into an agreement with the City to execute, and has executed, a Promissory Note and Mortgage in favor of the City and conditioned upon the continued satisfactory performance of streets and utilities for a period of two years; and WHEREAS, the Principals of said BTC, Incorporated, have endorsed their personal guaranty upon said Promissory Note; THEN, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fairhope, Alabama; acting on condition of said Pro- missory Note and Mortgage; does hereby specifically accept for maintenance as public works, the Streets and Utilities, but not vacant easements, within the said White Grove Subdivision. ADOPTED THIS 13TH DAY OF AUGUST, 1990. / - Jam P. Nix, Mayor r Councilman Ford moved to authorize the Mayor to execute a lease agreement between the City and YOUNG STREET RECREATION CENTER, INC., for the recreational area on Young Street as requested by the Recreation Board. The lease will be for a term of five years, beginning 1 September 1990, with one five- year option; tenant promises and agrees in lieu of rent to pro- vide recreational opportunities for young people in the area, to maintain the premises and to keep them in good repair. Seconded by Councilman White, motion passed unanimously. 13 August 1990 1122 Councilman Duck moved to update the Police Reserve/Search and Rescue Roster, as required for insurance purposes, by deleting Mike Creech and Claude Stephens, and by adding Jeff Thompson. Seconded by Councilman Ford, motion passed unanimously. Councilman Ford moved to hear the following business not on the agenda. Seconded by Councilman Bishop, motion passed unanimously: Mayor Nix opened the floor for nominations for appointment to the Recreation Board to fill the unexpired term of the late Barney L. Shull. Councilman Ford nominated Lawrence Thomas. Councilman White nominated Margory Robinson. There being no other nominations, Councilman Bishop moved to close the nomi- nations. Seconded by Councilman Duck, motion passed unanimously. Mayor Nix then asked for those in favor of Mr. Thomas: (response was Bishop, Ford, and Duck for three votes). Mayor Nix then asked for those in favor of Ms. Robinson: (response was White, for one vote). Mr. Thomas is therefore appointed. Councilman Ford moved to pay bills as presented. Seconded by Councilman Duck, motion passed unanimously. Councilman Duck congratulated Mr. and Mrs. Shep Shepard, who were present, on their 53rd Wedding Anniversary. Meeting was duly adjourned at 5:51 pm. r City C er