HomeMy WebLinkAbout01-11-1993 Regular Meeting1379
STATE OF ALABAMA X
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, 11 January 1993.
Present were Mayor James P. Nix; Councilmembers John V.
Duck, Michael A. Ford, David E. Bishop, Jeanette Puckett, and
Layton Overstreet; City Attorney Marion E. Wynne and City Clerk
Evelyn Phillips. No one was absent.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 28 December 1992 regular session,
including recessed portions on 30 December 1992, 4 January 1993,
and 6 January 1993, were duly approved.
A public hearing was held as advertised on proposed ordi-
nance to rezone Pierce Frederick property, located on Section
Street & Forster Avenue, from R2 Medium Density Single Family
Residential to RSTH High Density Multi -Family Residential.
Mayor Nix reported that the Planning & Zoning Commission re-
commends approval of the request. No one present was opposed
to the rezoning. After discussion, Councilman Duck introduced
an ordinance in writing to rezone the property as requested
which will be given final consideration at the next regular
Council meeting.
Council reviewed Annexation Petition #5, by H/M Partners
and Magnolia Trace, Inc., on the Rock Creek project. After
discussion, Councilman Bishop introduced Ordinance No. 912,
in writing, an ordinance to annex the within described property.
In order to take immediate action, Councilwoman Puckett moved
to suspend the rules. Seconded by Councilman Ford, motion to
suspend passed unanimously by the following vote: AYE -Duck,
Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Council-
woman Puckett then moved for final adoption of Ordinance
No. 912. Seconded by Councilman Bishop, motion to final adopt
passed unanimously by the following vote: AYE -Duck, Ford,
Bishop, Nix, Puckett, and Overstreet. NAY -none.
A letter from David H. Head, representing H/M Partners and
Magnolia Trace, Inc., (developers of the Rock Creek project);
and a letter from Angelo A.(Arthur) Corte, representing Corte
Land & Cattle Company, (developer of Corte property adjacent
to Rock Creek); each requesting all their utilities be fur-
nished by the City,was discussed. Councilman Bishop moved
11 January 1993
1380
to accept both letters as official requests for the furnishing
of all utilities to both developments by the City. Seconded
by Councilman Overstreet, motion passed unanimously.
A Mrs. Hill, representing Theatre 98, presented a written
request signed by Theatre 98's president, Donna Lowery, for
permission to hang Theatre 98 banners on 8 or 10 Section Street
Christmas Decoration Brackets each time they have a production.
After discussion, the request was turned over to Electrical
Superintendent Aaron Norris for study. Supt. Norris is to make
a recommendation at the next regular meeting for Council action.
The South Alabama British Car Club sent a letter to Council
requesting they be allowed to again hold their British Car Day
on the north end of the Municipal Beach on Saturday, 2 Oct 1993;
and that the beach again be closed to vehicular traffic that
day. Councilwoman Puckett moved to approve the request.
Seconded by Councilman Ford, motion passed unanimously.
Mayor Nix reported that the Eastern Shore Optimist Club
had sent a written request for $1,500 from the City in support
of their Dogwood Trail Pageant. The Mayor and Attorney Wynne
advised that such a donation by a municipality is not legal,
but if anyone wanted to discuss it further, please make a motion
to do so. No motion was made.
Councilman Duck moved to hear the following business not
on the Agenda. Seconded by Councilman Bishop, motion to hear
passed unanimously:
Attorney Wynne asked that the Mayor and City Clerk be
authorized to sign a disclaimer on a city utility easement on
Bay Medical's property. This is needed due to the State High-
way Department's upcoming widening of US 98 (Greeno Road.)
Councilman Bishop so moved. Seconded by Councilman Duck, motion
passed unanimously.
Councilman Ford introduced in writing, under Old Business,
and moved for the adoption of, the following resolution.
Seconded by Councilman Bishop, motion passed unanimously:
(Res. No. 393-93 on the following page...)
11 January 1993 1381
RESOLUTION NO. 393-93
WHEREAS, the proposed Centennial Hall Conference Center, to be
located on the Faulkner State Community College campus, will be
an asset to the City of Fairhope; and
WHEREAS, the City of Fairhope is willing to participate financially
in the construction of said building; NOW, THEREFORE
BE IT RESOLVED that the City of Fairhope, by and through the
Fairhope City Council, approvesthe construction and funding based
on the following conditions:
1. That the City of Fairhope will provide funding of no more than
$200,000.00, the Fairhope Single Tax Corporation will provide funding
of no less than $200,000.00, and the Faulkner State Community College
will provide funding of no less than $400,000.00 for the construction
of said building. If less than $800,000.00 is required for construction,
the funding of each party shall be reduced in a pro -rated amount.
2. That the Fairhope Single Tax Corporation finance said building at
an interest rate to the City of 3.5% annually, payable in five (5)
equal annual installments of $40,000.00 each plus interest, and that
the City's portion be drawn last with first payment becoming due
one (1) year after the completion of construction and final payment of
all bills.
3. That an acceptable plan for public use of the building be agreed
upon by all three (3) parties.
4. That the use of the Bell Building shall be turned over to a museum
board appointed by the Fairhope City Council with the City Museum
occupying the present classroom space and Marietta Johnson Museum
continuing to occupy their present location and Faulkner State Commun-
ity College providing maintenance of the Bell Building.
5. That the construction of the Centennial Hall Conference Center shall
meet all requirements of the Alabama State Bid Law.
6. That an adequate Parking Plan be developed and approved by all
three (3) parties.
BE IT FURTHER RESOLVED, that if this offer of participation by the City
of Fairhope is not accepted by the Fairhope Single Tax Corporation and
the Faulkner State Community College within six (6) months of this date,
it is null and void.
ADOPTED THIS 11th DAY OF JANUARY, 1993.
leip r
mes Nix, Mayor If
City C1 k
11 January 1993
ICI
Councilman Overstreet moved to pay bills as presented.
Seconded by Councilman Ford, motion passed unanimously.
At 5:46 p.m., the meeting was duly recessed until
Wednesday, 13 January 1993, at 5:00 p.m. in the Mayor's
Office, at which time another annexation petition on the
Rock Creek project will be considered.
R"
ames P. Nix, Mayor
N4,
ity C rk