The URL can be used to link to this page

Home My WebLink About06-07-1993 Regular Meeting1452 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, 7 June 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. Pursuant to Council action at the 24 May 1993 regular session, the Council is meeting on the first Monday in June instead of the second Monday. Next regular session will be on the fourth Monday , June 28. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 24 May 1993 regular session were duly approved. Council again opened review of the Lounge Liquor License application by Lionell Bracy, dba CHARLIE'S, located at 19616 Young Street, brought forward from the 24 May regular session. A large group of Young Street residents were present and spoke in opposition to the granting of this license, stating their objections to the type of license, the noise, and their concern about their families safety should a Lounge license be approved. Mr. Harold Bracy, brother and representative of the applicant who could not be present, told the meeting that the Lounge would be operated like a private club and that certain rules had been adopted and would be enforced to assure no noise or bad behavior. No one else spoke in favor of the license. Councilwoman Puckett moved to deny approval of the license. Seconded by Councilman Bishop, motion to deny approval passed unanimously. Council next took up a four -page written policy, entitled "City of Fairhope Parade Rules & Regulations", which establishes a permit fee (of $2,500.00), how the permit may be obtained, who is and is not required to purchase a permit, when and how parades will be allowed, and what 'throws' will and will not be allowed. A number of persons representating three Mystic Societies were present and addressed the Council about their concerns: The KOER's and the OOMM's said they approved the policy as presented; the MOJ's approved the policy with one exception --they felt the $2,500 fee was too high. After some discussion, Councilman Duck moved to adopt the policy as presented. Seconded by Councilman Bishop, motion passed unanimously. 7 June 1993 1453 Council next addressed the Centennial Hall agenda item when Mayor Nix stated he was pleased to announce that he and members of the Council had a letter from the Fairhope Single Tax Corporation (FSTC) which enclosed a letter from Southtrust Bank and the United Methodist Church. Southtrust stated they will loan the City the $200,000 for the Centennial Hall at a 3.5 % interest rate, payable in five annual installments; and the Church is making 45-50 parking spaces available for Faulkner Students and others attending the Hall. This com- pletes all the requirements set out by the Council in their 11 January 1993 resolution; therefore the deal is made and construction of Centennial Hall can begin. Council recognized Mr. Skip Jones, Beachfront Pavilion Committee chairman, who advised that all of them had been very much surprised at the negative reaction their plans for the pavilion had generated since its presentation at the 10 May regular meeting. The Mayor and a number of councilpersons also reported overwhelming opposition to the pavilion plans. Consensus: the opposition is coming from the planned location of the pavilion. Everyone is in favor of a pavilion, or a performing arts arena; they do not want it located in the park-beachfront area south of the Municipal Pier. After much discussion, Councilman Ford moved to rescind the action of the Council, giving approval of the beachfront pavilion concept (plan) at the 10 May 1993 regular session, due to the location. Seconded by Councilman Overstreet, motion carried by the following vote: AYE -Ford, Bishop, Puckett, and Overstreet. NAY -Duck. Ordinance No. 938, an ordinance to provide for the issuance of $3,600,000 principal amount of General Obligation Public Improvement Bonds, dated 1 June 1993, was introduced in writing by Councilman Bishop. Councilman Ford moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilman Duck and, upon the said motion being put to vote, the following vote was recorded: AYE -Nix, Bishop, Duck, Ford, Puckett, and Overstreet. NAY -none. The Mayor thereupon declared that the motion for unanimous consent for immediate consideration of and action on said ordinance was unanimously carried. Council- woman Puckett thereupon moved that Ordinance 938 be finally adopted, which motion was seconded by Councilman Overstreet and, upon the said motion being put to a vote, the following vote was recorded: AYE -Nix, Bishop, Duck, Ford, Puckett, and Overstreet. NAY -none. The Mayor thereupon announced that the motion for final adoption of Ordinance No. 938 had been unanimously carried. Councilman Overstreet introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: 7 June 1993 1454 RESOLUTION NO. 416-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor James P. Nix is hereby authorized to execute a contract between the City and Barge, Waggoner, Sumner and Cannon, Engineers, Wainwright Division, for professional services for the City's Airport Board; said services not to exceed $5,000.00 in cost. ADOPTED THIS 7th DAY OF JUNE, 1993. James Nix, Mayor Attest City r'vlrk Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Council- man Ford, motion passed unanimously: RESOLUTION NO. 417-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT Mayor James P. Nix is hereby authorized to execute a "Certificate of City Official of City of Fairhope" as requested by the Bond Counsel for the ALABAMA MUNICIPAL ELECTRIC AUTHORITY for its Power Supply System Revenue Refunding Bonds, 1993 Series A, in the aggregate principal amount of $46,680,000.00. ADOPTED THIS 7th DAY OF JUNE, 1993. � as� /" Jame P. Nix, Mayor Attest City Cld4k Council reviewed a Beer Off -Premises License application by Harold W. Worthington, dba BARNWELL COUNTRY STORE, 8124 Highway 98. No one present was opposed to the license. There was police approval of the applicant. Councilman Ford moved to approve the license. Seconded by Councilwoman Puckett, motion passed unanimously. Council reviewed a Beer Off -Premises and a Wine Off -Premises License application by Doyce Reeves, dba JO JO's, 404 North Section Street. No one present was opposed to the licenses. There was police approval of the applicant. Councilman Overstreet moved to approve the licenses. Seconded by Councilman Ford, motion passed unanimously. 1455 7 June 1993 Council reviewed a Restaurant Liquor License application by Jack Garland Glaw, dba MAX'S CAFE, 19344 Scenic Hwy 98. No one present was opposed to the license. There was police approval of the applicant. Councilman Ford moved to approve the issuance of the license. Seconded by Councilman Bishop, motion passed unanimously. Council reviewed a Restaurant Liquor License application by Phuong Van Tran, dba TWIN DRAGONS CHINESE RESTAURANT, 1823 Scenic Hwy 98. No one present was opposed to the license. There was police approval of the applicant. Councilman Duck moved to approve the issuance of the license. Seconded by Councilman Overstreet, motion passed unanimously. Council took the following action on a bid item: FIREWORKS FOR FOURTH OF JULY CELEBRATION Vendor Southern Intnl Fireworks Marietta, GA Zambelli Intnl Fireworks New Castle, PA US Aerials, Inc Tallassee, AL S.Vitale Phyrotecnic New Castle, PA Cost $ 9,338.00 Am/Fn $ 7,790.00 Amer $ 7,950.00 Am/Fn $12,900.00 Amer $ 4,992.00 Am/Fn $ 6,868.49 Amer No Bid. Delive Before 6/30 Not Specified. Before 6/30 It is recommended to accept the low bid of $4,992.00 for American & Foreign Shells by US Aerials, Inc. --T.Kant, Fire Chief --W. Smith, Purch. Agt. Councilman Overstreet moved to accept the low bid as recommended, provided all specifications are met. Seconded by Councilman Bishop, motion passed unanimously. The American Diabetes Association requested, by letter, permission to again hold their Tour de Cure cycling event at the Municipal Pier on Saturday, 30 April 1994. Councilman Duck moved to approve the request. Seconded by Councilman Ford, motion passed unanimously. Mayor Nix announced that the City will take their Fourth of July Holiday on Monday, July 5th, this year; the Fourth's Celebration will take place on the 4th, a Sunday. Councilman Bishop introduced the following resolution in writing, and moved for its adoption, provided certain requirements are fully met. Seconded by Councilman Duck, motion passed unanimously: 7 June 1993 1456 RESOLUTION NO. 418-93 WHEREAS, the Owners of Victorian Village Estates are desirous of having Edwards Avenue and utilities therein accepted for maintenance by the City Council in order that building permits may lawfully issue, and; WHEREAS, the General Superintendent of the City represents that the physical improvements in the nature of Edwards Avenue, drainage and utilities have been installed in substantial conformity with City requirements, and; WHEREAS, the Building/Zoning Officer of the City represents that he has received Engineer's Certified As - built Plans, test reports and lateral locations substantially as required by Chapter 19 of the Code of Ordinances, and; WHEREAS, the owners have provided to the City Clerk their personal bond for maintenance of the Edwards Avenue as required by the City's codes and regulations, and; WHEREAS, the Plat of Victorian Village Estates having been recorded in the Probate Records of Baldwin County, Alabama at Slide No. 1398-A, delineates thereon the subject street therein as a public way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the said street and the utilities within said Victorian Village Estates be and the same hereby are accepted for public maintenance subject to the bond posted. This resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public street, whether or not such may be located within dedicated easements. ADOPTED this the nth day of June, 1993. ATTEST: Jame P. Nix, Mayor Evelyn t. Phillips, Ci Clerk Meeting was duly adjourned at 6:55 pm. l� Ja s P. Nix, Mayor City Cl