The URL can be used to link to this page

Home My WebLink About08-23-1993 Regular MeetingI � I STATE OF ALABAMA COUNTY OF BALDWIN 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, 23 August 1993. Present were Mayor James P. Nix; Councilmembers Michael A. Ford, David E. Bishop, Jeanette Puckett, and Layton Overstreet; City Attorney Marion E. Wynne and City Clerk Evelyn P. Phillips. Councilman John V. Duck was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 9 August 1993 regular session were duly approved. A public hearing was held as advertised on a request for annexation and zoning by the following property owners. No one present was opposed to the annexation and zoning. The Planning & Zoning Commission recommends approval. Councilman Bishop introduced Ordinance No. 944 in writing, to annex properties of the following named property owners, and to zone the properties R4 Low Density Multi -Family Residential concurrent with annexation: Willow Pond, Inc., an Alabama corportion; Barry L. Booth and Raymond C. Micsan, Jr., joint owners; RKR Joint Venture, an Alabama partnership; Sydney R. Prince, III, a single man; and William B. McPherson, a single man. All the property lies along Bishop Road, north of Gayfer Avenue (County Road 30) and south of Dyer Road. In order to take immediate action, Councilman Overstreet moved to suspend the rules. Seconded by Councilwoman Puckett, motion to suspend passed unanimously by the following vote: AYE -Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilwoman Puckett then moved for final adoption of Ordinance No. 944. Seconded by Councilman Overstreet, motion to final adopt passed unanimously by the following vote: AYE -Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilwoman Puckett introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Overstreet, motion passed unanimously: (Res. No. 424-93 on next page......) 23 August 1993 1485 RESOLUTION NO. 424-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope elects to come under the provisions of Act 93-604 of the Regular Session of the 1993 Legislature authorizing an increase in benefits to certain Pensioners. The City of Fairhope agrees to provide all funds necessary to the Employees' Retirement System to cover the cost of the increase as provided by said Act for those Pensioners who retired from the City of Fairhope with the aforementioned increase to be effective with the October 1993 benefit payments. ADOPTED THIS 23RD DAY OF AJJGUST 1993. . N1X, Mayor Attest City Cft r Councilwoman Puckett introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Overstreet, motion passed unanimously: RESOLUTION NO. 425-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope elects to come under the provisions of Act 93-604 of the Regular Session of the 1993 Legislature. The City of Fairhope agrees to provide all funds necessary to the Employees' Retirement System to cover the cost of the increase as provided by said Act for those employees retired from the City of Fairhope with the aforementioned increase to be effective with the October 1993 benefit payments. ADOPTED THIS 23RD DAY OF AUGU Attest 1993. Mayor Nix and Volunteer Fire Department Chief Kant each presented plaques to Fireman Patrick McKee in honor of his fifteen years of service as a Volunteer Fireman. 23 August 1993 1486 Councilman Ford then moved to elect three persons to the Board of Directors of the Midtown Medical Clinic Board of the City of Fairhope, Alabama, in accordance with Act No. 516, adopted at the 1955 regular session of the Legislature of the state of Alabama, approved September 9, 1955 (Acts of Alabama, 1955, page 1160, et seq.,) which was seconded by Councilwoman Puckett and unanimously adopted. It was noted that the Act under which the Board is incorporated provides that the members of the Board of Directors shall hold office for staggered terms, which shall have been de- signated at the time of initial election. It was also noted that no member of the Board of Directors may be an official of the municipality. The Mayor called for nominations for each of the three directors. The following persons, none of whom is an official of the municipality, and who have all previously served as directors of the Board, were nominated: For the term expiring 27 March 1999 - James Barrett For the term expiring 27 March 1995 - D. W. Gooden For the term expiring 27 March 1997 - Arthur Mannich The Mayor called for further nominations, and there being no further nominations, it was moved by Councilman Bishop and seconded by Councilwoman Puckett that nominations be now closed. The motion was unanimously adopted. An election was held by the Council and the following were declared duly reelected as members of the Board of Directors for the following terms of office: For the term expiring 27 March 1999 - James Barrett For the term expiring 27 March 1995 - D. W. Gooden For the term expiring 27 March 1997 - Arthur Mannich Council discussed a written request from Jubilee Music, Inc., to hold "Carols for Charity" on Saturday, 11 December 1993. This is the third year for this activity, and this year Jubilee is asking for a one -block closing of downtown streets - from Fairhope Avenue to Section Street to DeLaMare Avenue to Church Street (down to Island Graffiti) - from 6:30 to 9:00 pm. Councilman Bishop moved to table the request until the Downtown Merchants Association can be contacted for advice before taking action. Seconded by Councilman Overstreet, motion passed unanimously. An application for a Beer On/Off Premises License and a Wine On/Off Premises License by Douglas H. Allen, dba JUS' GUMBO, INC., 2 South Church Street, was reviewed. There was police approval of the applicant. Councilman Overstreet moved to approve the issuance of the licenses. Seconded by Councilman Ford, motion passed unanimously. 23 August 1993 1487 Councilman Ford moved to approve Change Order #1, for an increase of $5,706.68, on Division "A"; and Change Order #1, for an increase of $4,427.41, on Division "B"; on the 1993 Public Improvements Assessments Project. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Ford moved to hear the following business not on the Agenda. Seconded by Councilman Bishop, motion passed unanimously: Engineering consultant Ack Moore explained that the Alabama Highway Department has requested an extra 40 lineal feet of sewer line be placed where the present Sewer Improve- ments to the Fairhope High School project is going to put two bores underneath US98 (approved by the Council at 26 July 1993 meeting.) This extra footage will cost an estimated $534.00. Councilman Ford moved to approve this increase (to contract with Fairhope Paving Company as Change Order #2.) Seconded by Councilwoman Puckett, motion passed unanimously. (Note: July 26 Council action is considered to be Change Order #1 by the engineering consultant on the Sewer Improvements to Fairhope High School Project.) Council took the following action on the rebids for the Electric Department's Derrick Truck rig: Electrical Superintendent Aaron Norris reported that only two bids met specifications: Combatel Distribution, Inc., of Birmingham, at $67,599; and Eusco, Inc., White House, Tennessee, at $72,250. Two bidders, Teco, Inc., of Ft. Wayne, Indiana, and Altec of Birmingham, did not meet speci- fications. There were no responses from Ward International Trucks of Mobile, General Truck Equipment of Birmingham, and Baker Equipment Company of Forest Park, Georgia. It was recommended to accept the low bid by Combatel Distribution, Inc. So moved by Councilman Bishop. Seconded by Councilman Overstreet, motion passed unanimously. Councilwoman Puckett moved to delete Charlie McMillan from the Police Reserve roster. Seconded by Councilman Ford, motion passed unanimously. There being no further business, meeting was duly adjourned at 5:45 pm. s P. Nix, Mayor City C k