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HomeMy WebLinkAbout02-12-1996 Regular Meeting1737 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; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY. 1 2 FEBRUARY 1996. PRESENT WERE MAYOR NAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, JEANETTE PUCKETT, AND LAYTON OVERSTREET; AND CITY CLERK EVELYN P. PHILLIPS. CITY ATTORNEY MARION E. WYNNE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. MINUTES OF THE 22 JANUARY 1 996 REGULAR SESSION WERE DULY APPROVED. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO ANNEX CHARLES K. BRELAND, JR. 'S PROPERTY, LOCATED EAST OF SOUTHSIDE BUSINESS PARK WHICH IS ON THE EAST SIDE OF GREENO ROAD, AND TO ZONE THE PROPERTY R3PGH PATIO/GARDEN HOMES ON THE NORTH 1 2.0 ACRES; AND R3TH TOWN HOUSES ON THE SOUTH 8 ACRES; CONCURRENT WITH ANNEXATION. THE PLANNING & ZONING COMMISSION APPROVED THE ZONING. MRS. CLAUDINE MCCLINTOC SPOKE IN OPPOSITION TO THE ANNEXATION, STATING HER CONCERNS ABOUT THE 3-1/2 ACRE LAKE OR POND LOCATED IN THE MIDDLE OF THIS TWENTY ACRES. SHE ASKED IF THE LAKE HAS BEEN APPROVED BY THE CORPS OF ENGINEERS?, WAS THE LAKE BUILT ACCORDING TO THE PROPER SPECIFICATIONS?, WHAT ABOUT THE DAM?, WHAT PROVISIONS HAVE BEEN MADE FOR OVERFLOW?, AND WHAT IF THE DAM FAILS. MRS. MCCLINTOC CONCLUDED BY STATING SHE FELT MR. BRELAND SHOULD HAVE THESE QUESTIONS ANSWERED AND STUDIES MADE BEFORE THE CITY ANNEXES THE PROPERTY. MR. BRELAND WAS PRESENT AND SAID HE WAS SURE THE LAKE, WHICH IS MORE LIKE A POND, WAS BUILT TO SPECIFICATIONS AT THE TIME, WHICH WAS A VERY LONG TIME AGO, POSSIBLY MORE THAN TWENTY YEARS; AND THE DAM HAD SURVIVED MANY HEAVY RAINFALLS DURING THAT TIME. MRS. MCCLINTOC PRESENTED SOME PHOTOGRAPHS OF THE DAM, 12 FEBRUARY 1996 1738 STATING THEY WERE TAKEN OVER THE WEEKEND AND THEY SHOW EROSION AND DAMAGE AT THE DAM. AFTER MORE DISCUSSION, COUNCILMAN FORD MOVED TO HOLD THE ORDINANCE OVER TO THE NEXT REGULAR MEETING. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO REZONE CHARLES EARLE'S PROPERTY, LOCATED OFF SPRING RUN DRIVE, FROM B4 BUSINESS & PROFESSIONAL TO R4 Low DENSITY MULTI -FAMILY RESIDENTIAL. THERE WAS PLANNING & ZONING APPROVAL. NO ONE PRESENT SPOKE IN OPPOSITION TO THE ZONING. COUNCILMAN BISHOP INTRODUCED ORDINANCE NO 99 1 IN WRITING. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMAN DUCK MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILWOMAN PUCKETT, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE - DUCK, FORD, BISHOP, NIX, PUCKETT, AND OVERSTREET. NAY - NONE. COUNCILWOMAN PUCKETT THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO 99 I SECONDED BY COUNCILMAN OVERSTREET, THE MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND OVERSTREET. NAY -NONE. COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY: RESOLUTION NO 508-96 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 MOORE ENGINEERING COMPANY, FAIRHOPE, ALABAMA, FOR DESIGNING AND SUPERVISING CERTAIN WATERLINE IMPROVEMENTS ALONG COUNTY ROAD 48 TO END OF LINE ON COUNTY ROAD 9; AND 1 2 FEBRUARY 1996 1739 BE IT FURTHER RESOLVED THAT MAYOR JAMES P. Nix 15 ALSO AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY AND J.B. AMMONS CONSTRUCTION, INC., AND BLACKMON CON- STRUCTION, INC., A JOINT VENTURE, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FOR THE SUM OF $ 1 36, 1 00.00, UNDER THE SUPERVISION OF MOORE ENGINEERING COMPANY. ADOPTED THIS 12TH DAY OF FEBRUARY, 1 996. DAME P. Nix, MAYOR ATTEST EVELYN P. ILLIPS, CITY CLE COUNCILMAN BISHOP INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 509-96 WHEREAS, THE GREAT STATE OF ALABAMA PRESENTLY HAS OVER 4.2 MILLION RESIDENTS; AND WHEREAS, IN 1 939 AN ACT OF THE STATE LEGISLATURE ESTABLISHED THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES; AND WHEREAS, THAT BRANCH OF OUR DULY -ELECTED STATE GOVERNMENT IS CHARGED WITH PROTECTING, PRESERVING, AND MAINTAINING THE NATURAL RESOURCES BELONGING TO THE PEOPLE OF THE STATE OF ALABAMA FOR THEIR USE AND ENJOYMENT; AND WHEREAS, THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES HAS, OVER THE PAST 57 YEARS, CONSOLIDATED EXISTING PUBLIC LANDS AND ACQUIRED ADDITIONAL PUBLIC LANDS TO CREATE A SYSTEM OF PARKS THROUGHOUT THE STATE; AND WHEREAS, THESE PARKS ARE PRESENTLY PROVIDING DIRECT BENEFIT TO OVER 6 MILLION ANNUAL VISITORS; AND WHEREAS, THESE PARKS PROVIDE A SUBSTANTIAL INDIRECT BENEFIT TO THOSE AREAS OF THE STATE SURROUNDED BY RAPID DEVELOPMENT OF PRIVATE LANDS BY SERVING AS A DEVELOPMENT BUFFER, THUS FURTHER ENHANCING THE ATTRACTIVENESS AND QUALITY OF LIFE IN THOSE AREAS; AND 1 2 FEBRUARY 1 996 1740 WHEREAS, THE GULF STATE PARK IN BALDWIN COUNTY IS ONE OF THE MOST ATTRACTIVE OF THE STATE PARKS AND IMPORTANT IN PROVIDING ALL OF THE SUBSTANTIAL BENEFITS FOR THE PEOPLE OF ALABAMA AS OUTLINED ABOVE; AND WHEREAS, DAVID BRONNER, ACTING ON BEHALF OF THE RETIREMENT SYSTEMS OF ALABAMA, WHICH IS NOT A STATE AGENCY BUT A OUASI-STATE AGENCY, HAS HELPED FORMULATE A BILL IN THE ALABAMA LEGISLATURE WHICH WOULD CONVEY CERTAIN RIGHTS IN THE PUBLICS PARK SYSTEM TO THAT QUASI -STATE AGENCY FOR POSSIBLE DEVELOPMENT; AND WHEREAS, THE PEOPLE OF BALDWIN COUNTY, THROUGH THEIR ELECTED OFFICIALS; AND THE BUSINESSES OF BALDWIN COUNTY, THROUGH THEIR ELECTED CHAMBERS OF COMMERCE, GREATLY VALUE THE ROLE OF THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES IN HOLDING SUCH LANDS AS A SACRED TRUST FOR THE BENEFIT OF ALL THE PEOPLE OF ALABAMA; NOW, THEREFORE THE UNDERSIGNED DO HEREBY STRONGLY OPPOSE ANY PROPOSAL FOR THE STATE OF ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES TO DIVEST ITSELF OF ANY NUMBER OF THE PARKS IN THE STATE SYSTEM OR OF ANY PORTION OF THE NON -DEVELOPED PORTIONS OF ANY INDIVIDUAL PARK BY DEED, LEASE, OR ANY INSTRUMENT. ADOPTED THIS 1 2TH f)AY OF FEBRUARY, 1996. r NAMES . NIX, MAYOR CITY O FAIRHOPE, ALABAMA ATTEST EVELYN P. poLLIPS, CITY CLERK MR. CHUCK IRWIN, REPRESENTING THE FAIRHOPE LIONS CLUB, REQUESTS PERMISSION TO HOLD A ONE -DAY CIRCUS ON TUESDAY, APRIL 2ND, IN CORTE FIELD ON FAIRHOPE AVENUE BETWEEN PLANTATION POINTE SHOPPING CENTER AND THE SATELLITE COURTHOUSE. THE PROCEEDS WILL BENEFIT THE MANY CIVIC PROGRAMS SPONSORED BY THE LIONS CLUB. MR. IRWIN ALSO REQUESTED THAT THE LICENSE FEES BE WAIVED. COUNCILMAN DUCK MOVED TO ALLOW THE EVENT AND TO WAIVE ALL LICENSE FEES. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY. 1741 2 FEBRUARY 1996 COUNCIL REVIEWED A CLUB LIQUOR LICENSE APPLICATION BY JACK PICKETT, DBA BAYSIDE MARINA (FLY CREEK CAFE), AT 83 1 NORTH SECTION STREET. THERE WAS POLICE APPROVAL OF THE APPLICANT. NO ONE PRESENT WAS OPPOSED TO THE LICENSE. THERE WAS PROOF OF ADVERTISMENT. SEVERAL OF THE COUNCILMEN WERE UNSURE OF JUST WHERE THE CAFE WILL BE LOCATED. AFTER SOME DISCUSSION, COUNCILMAN DUCK MOVED TO APPROVE THE LICENSE. THIS MOTION DIED DUE TO THE LACK OF A SECOND. COUNCILMAN BISHOP MOVED TO HOLD THE APPLICATION OVER TO THE NEXT REGULAR MEETING. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY. COUNCILMAN OVERSTREET MOVED TO ALLOW CHANGE ORDERS #3R AND #4, ADDING $2,896.00 AND 39 DAYS TO THE CONTRACT FOR THE GOLF COURSE CLUBHOUSE RENOVATIONS. SECONDED BY COUNCILMAN BISHOP. MOTION PASSED UNANIMOUSLY. MAYOR NIX ADVISED THAT THE SOUTH ALABAMA REGIONAL PLANNING COMMITTEE HAS SENT A LETTER, AND AN EXPLANATION OF THE BENEFITS OF, FAIRHOPE'S JOINING IN WITH DAPHNE, SPANISH FORT, AND BALDWIN COUNTY IN ASKING THE US CENSUS BUREAU TO INCLUDE BALDWIN COUNTY'S EASTERN SHORE IN THE MOBILE URBAN AREA. THE MAIN BENEFIT OF THIS WILL BE AS IT RELATES TO THE METROPOLITAN TRANSPORTATION PLANNING PROCESS. ESTIMATED COST TO BE ABOUT $7,500 PER YEAR, ALLOCATED ACCORDING TO 1994 POPULATION FIGURES. COUNCILMAN FORD MOVED TO JOIN IN THE REQUEST. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMAN OVERSTREET REPORTED HE AND HIS COMMITTEE ATTENDED A MEETING WITH THE BALDWIN COUNTY COMMISSION TO DISCUSS THE COUNTY's PROPOSAL TO RESURFACE AND WIDEN FAIRHOPE AVENUE EXTENSION FROM US 98 TO COUNTY ROAD 27 WITH THE COUNTY DOING ALL THE WORK AND SPLITTING THE COSTS BETWEEN CITY AND COUNTY. COUNCILMAN OVERSTREET MOVED TO APPROVE AND ACCEPT THE PROPOSAL AS PRESENTED. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. 2 FEBRUARY 1996 COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: IDENTIFICATION: "STEEL GAS PIPE, 2° BIDS OPENED ON: JANUARY 26, 1996 1742 2 INCH COATED STEEL PIPE TO USE FOR STOCK FOR THE SUPPLY OF NATURAL GAS SERVICES. VENDOR: PRICE PER FOOT: DELIVERY: M.T. DEASON NO BID BIRMINGHAM, AL G&C SUPPLY CO. NO RESPONSE ATwOOD, TN DAVIS METER & NO RESPONSE SUPPLY PENSACOLA, FL CENTRAL PIPE & NO RESPONSE SUPPLY JACKSON, MS EQUIPMENT NO BID CONTROLS NORCROSS, GA SUPERIOR PIPE & NO RESPONSE SUPPLY PELHAM, AL EMPIRE PIPE CO. $ 1 .46 STOCK To 2-WEEKS BIRMINGHAM, AL CONSOLIDATED $2.2 1 1 0- 1 4 DAYS PIPE CO. MOBILE, AL SUPERIOR PIPE $ 1 .86 30-DAYS PELHAM, AL FERGUSON $ 1 .93 5-7 DAYS ENTERPRISES MOBILE, AL PORT CFFY PIPE NO RESPONSE MOBILE, AL IT IS ADVISED TO ACCEPT THE LOW BID OF EMPIRE PIPE & SUPPLY CO., BIRMINGHAM, AL FOR $ 1.46 PER FOOT. SPECIFICATIONS HAVE BEEN MET. STEVE SEAY, GAS DEPT. SUPT. WAYNE SMITH, PURCHASING AGENT COUNCILMAN OVERSTREET MOVED TO ACCEPT THE LOW BID OF 1 .46 PER FOOT, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY. 1 2 FEBRUARY 1 996 1743 DUE TO CONFLICTING COMMITMENTS, COUNCILWOMAN PUCKETT MOVED TO RESCHEDULE THE NEXT REGULAR MEETING FROM FEBRUARY 26TH BACK TO FEBRUARY 19TH, SAME TIME AND PLACE. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY THE EASTERN SHORE CHAMBER OF COMMERCE REQUESTED THE COUNCIL TO DECLARE THE WEEKEND OF MARCH 1 5, 1 6, AND 1 7, 1996, AS ARTS & CRAFTS FESTIVAL WEEKEND IN FAIRHOPE; AND TO APPROVE THE SAME AREAS USED FOR THE FESTIVAL LAST YEAR: SECTION STREET, FROM MAGNOLIA TO THE END OF THE BLOCK SOUTH OF JOHNSON STREET; DELAMARE STREET, CHURCH STREET FROM DELAMARE TO JUST SOUTH OF THE INGRESS FOR PARKING NEAR MAGNOLIA; FAIRHOPE AVENUE, FROM THE INTERSECTION OF CHURCH TO BANCROFT STREETS. COUNCILMAN OVERSTREET MOVED TO APPROVE THE REQUESTS. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMAN DUCK MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6: 1 8 PM MES NIX, MAYOR EVELYN P./ P'kiILLIPS, CITY CLERK