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Home My WebLink About03-07-1994 Regular Meeting1535 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, 7 March 1994. 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 February 1994 regular session were duly approved. A group of property owners were present to hear the Council again consider the request to vacate an unimproved but platted cul de sac at the west end of Gayfer Court, as requested by abutting property owners Anne Gordan, Philip Stenzel, and Joan Murphy. The property owners are concerned about some irregularity in some of their deeds which this request has apparently brought to light. Mr. Curtis Gordan spoke for his wife and explained that Gordan, Stenzel, and Murphy will quitclaim a share of the vacated property to each of the property owners in Deep Woods or Gayfer Court Sub Division, to match whatever share each property owner's deed now shows in the easement which is an access to the beach. Mr. Gordan showed that he had a signed agreement from 22 of the property owners saying they were in favor of the vacation. Of the group present, nine were in favor and four were opposed. It was explained again that the City could only approve or deny a vacation request, and the land vacated could only go to the abutting property owners. After a lengthy discussion, Councilman Duck introduced, and moved for the adoption of, the following written resolution. (granting the vacation) Seconded by Councilman Bishop, motion passed unanimously: (Res. No. 441-94 on the following page....) 7 March 1994 1536 RESOLUTION NO. 441-94 WHEREAS, a Declaration/Petition of Vacation signed by all of the owners of all of the lands abutting an unimproved platted cul de sac located in the City of Fairhope, Baldwin County, Alabama, has been presented to the Mayor and Council for the assent and approval of said governing body, said Declaration/Petition with map attached being hereto affixed, marked Exhibit A, and made a part hereof; and WHEREAS, said cul de sac being more specifically described: At the West End of Gayfer Court and, WHEREAS, it appears to the Mayor and Council of the City of Fairhope, Alabama, that the vacation of said cul de sac is in order, is in the public interest, and that convenient and reasonable means of ingress and egress are afforded all other property owners owning property in the tract of land containing said cul de sac; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Fairhope, Baldwin County, Alabama, that the vacation of the hereinabove described cul de sac is hereby assented to and approved and the same is hereby vacated pursuant to the provisions of Title 23-4-20 of the 1975 Code of Alabama, as amended. ADOPTED THIS 7th DAY OF March , 1994. M x, mayor Attest ty Council reviewed a Club Liquor License Application by Petro J. Roussos, Jr., dba PJ's RESTAURANT, at 805 South Mobile Street. Proof of publication was presented. There was police approval of the applicant. No one present was opposed to the license, however, one lady asked if there would be late -night volleyball games and loud music. Mr. Roussos said there would be no outside activities and any music would be to dine by. Councilman Ford moved to approve the issuance of the license. Seconded by Councilman Duck, motion passed unanimously. 7 March 1994 1537 Council reviewed another Club Liquor License application by David H. Head, as General Member of Rock Creek Club, LLC. This company was approved for a Club License back in October, 1993. This appearance before the Council is due to changing their business from a limited partnership to a limited corporation. No change in personnel or location. Councilwoman Puckett moved to approve the license. Seconded by Councilman Overstreet, motion passed unanimously. The Alabama Department of Economic and Community Affairs and the Eastern Shore Environmental Coalition sent a written request to use the Municipal Pier and Park for their "Bay Day/Earth Day" function on Sunday, April 24, 1994. There will be exhibitors and food booths. Councilman Ford moved to approve the request. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Bishop moved to authorize the advertising for sale of a 1989 Chevrolet Caprice Police car by sealed bid. Seconded by Councilman Ford, motion passed unanimously. Mayor Nix advised that an alternate needed to be appointed for the Board of Adjustments and Appeals, and he nominated Mr. Joseph Petties, Sr. There being no other nominations, Councilman Overstreet moved to close the nominations and elect Mr. Petties by acclamation. Seconded by Councilman Ford, motion passed unanimously. Councilman Bishop introduced Ordinance No. 955, an ordinance adopting the City's "Personnel Rules, Policies, and Procedures- 1994" to be effective on 16 March 1994, in writing. In order to take immediate action, Councilman Duck moved to suspend the rules. Seconded by Councilman Overstreet, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilwoman Puckett then moved to final adopt Ordinance No. 955. Seconded by Councilman Overstreet, motion to final adopt passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Council- man Duck, motion passed unanimously: (See Res. No. 442-94 on next page...) 7 March 1994 1538 RESOLUTION NO. WHEREAS, the owners of Quail Creek Estates -Unit II Subdivision are desirous of having the streets and the utilities therein accepted for maintenance by the City Council in order that building permits may lawfully issue; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the streets and the utilities within said Quail Creek Estates -Unit II Subdivision will be accepted for maintenance immediately upon the completion of the following criteria: (1) City Superintendent determines that the physical improvements in the nature of streets, drainage and utilities have been installed in substanial conformity with city regulations, (2) City Building/Zoning Officer receives Engineer's Certified As -Built Plans, all test reports and lateral locations, and determines all requirements of City Code Chapter 19 have been substanially met, (3) Plat of said Quail Creek Estates -Unit II is recorded in the Probate Records of Baldwin County, Alabama ( at Slide No. ) and delineates thereon the subject streets therein as public ways, and (4) Owners provide a bond for maintenance of the improve- ments as required by the city's codes and regulations to the City Clerk; BE IT FURTHER RESOLVED 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 streets, whether or not such may be located within dedicated easements. I-h ADOPTED THIS DAY OF 1994. s P. Nix, Mayor Attest I', P City C r rk 7 March 1994 1539 RESOLUTION NO. WHEREAS, the owners of Greenbriar Subdivision, of Rock Creek Estates, of Estella Drive, and of Woodlands of Fairhope Subdivision, are desirous of having the streets and the utilities in each accepted for maintenance by the City Council in order that building permits may lawfully issue; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT the streets and the utilities within each said development above listed will be accepted for maintenance immediately upon the completion of the following criteria: (1) City Superintendent determines that the physical improvements in the nature of streets, drainage and utilities have been installed in substanial conformity with city regulations in each development, (2) City Building/Zoning Officer receives Engineer's Certified As - Built Plans, all test reports and lateral locations, and determines all requirements of City Code Chapter 19 have been substanially met in each development, (3) Plats of each development are recorded in the Probate Records of Baldwin County, Alabama (at Slide No. , No. , No. , and No. ) and delineates thereon the subject streets therein as public ways, and (4) Owners provide a bond for maintenace of the improvements for each development as required by the city's codes and regulations to the City Clerk; BE IT FURTHER RESOLVED 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 streets, whether or not such may be located within dedicated easements in any of these developments. r n � ADOPTED THIS / DAY OF , 1994. Attest \ �� (f tv Evelyn P. Phillips, City Cl k Councilman Duck intro uced and moved for its adoption. motion passed unanimously. x, Mayor the above resolution in writing, Seconded by Councilwoman Puckett, (Res. No. 443-94.) 7 March 1994 1540 Councilman Bishop moved to approve the following final Change Orders on all three divisions (A, B, & C) of the 1993-1994 Assessments Project. Div A: Chg Ord #6 increase of $ 21,968.90 Chg Ord #7 increase of $ 24,908.09 Div B: Chg Ord #2 deduction of $ 7,604.54 Div C: Chg Ord #5 increase of $ 16,950.25 Seconded by Councilman Ford, motion passed unanimously. Mr. Ron Hayes requested the use of the southeastern area of the Municipal Pier Park for a candlelight ceremony in honor of his son and other workers who have lost their lives on the job. He requested Saturday, April 30, 1994, from 7:00 pm to 9:00 pm. Councilman Duck moved to approve the request. Seconded by Councilman Bishop, motion passed unanimously Water & Sewer Superintendent Mike Rejczyk advised the Mayor and Council about some upcoming expenses being imposed upon his department by ADEM and ADECA. Many different types of testing may require an additional $50,000 to $55,000 for lab fees and equipment in order to comply with the agencies' requirements. Councilwoman Puckett moved to pay bills as presented. Seconded by Councilman Overstreet, motion passed unanimously. The City was delighted to learn that a recent survey by Money Magazine has placed Fairhope as the #2 spot to retire in the United States.... Prescott, AZ, is #1. The CBS television network has asked to do a live TV interview tomorrow morning which will be shown nationally on CBS THIS MORNING (live, 3/8/94), a morning newsmagazine program. Mr. Willie Williams was recognized for organizing the Leon Lett Day program, honoring FHS graduate Lett who is now playing for the National Champion Dallas Cowboys football team, which was held yesterday. Meeting duly adjourned atN6:58 pm. P. Nix, Mayor ty CXPr