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HomeMy WebLinkAbout02-19-1996 Regular Meeting1744 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 61 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY. 19 FEBRUARY 1996. PRESENT WERE MAYOR JAMES 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 1 2 FEBRUARY 1996 REGULAR SESSION WERE DULY APPROVED. MAYOR NIX ANNOUNCED THERE WAS NO RESPONSE TO THE ADVERTISEMENTS FOR PERSONS INTERESTED IN RUNNING THE CONCESSIONS AT QUAIL CREEK GOLF COURSE. HE SAID IF THERE IS ANY INTEREST, SOMEONE MUST COME FORWARD SOON. IF NOT, THE CITY MUST FINALIZE PLANS TO CONTINUE RUNNING THE SNACK BAR. COUNCILMAN DUCK INTRODUCED IN WRITING ORDINANCE No. 992, AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF $2,625,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT WARRANTS, DATED FEBRUARY 1, 1996, OF THE CITY OF FAIRHOPE, ALABAMA. COUNCILMAN BISHOP 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. COUNCILMAN DUCK THEREUPON MOVED THAT ORDINANCE No. 992 BE FINALLY ADOPTED, WHICH MOTION WAS SECONDED BY COUNCILMAN FORD 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 ANNOUNCED THAT THE MOTION FOR ADOPTION OF ORDINANCE No. 992 HAD BEEN UNANIMOUSLY CARRIED. 1745 19 FEBRUARY 1996 A PUBLIC HEARING WAS HELD AS ADVERTISED ON AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE ZONING ORDINANCE No. 557. THE PLANNING & ZONING COMMISSION ADVISED APPROVAL. WHEN ANYONE OPPOSED TO THE AMENDMENTS WAS INVITED TO SPEAK, MR. VINCENT VALENTIM, 203 PERDIDO AVENUE, SAID HE WAS OPPOSED TO SECTIONS 5-1 I AND 5-1 2 BECAUSE HE DID NOT LIKE THE USES PERMITTED LISTED THERE. HE FEELS THESE USES BELONG IN A BUSINESS AREA, NOT IN A RESIDENTIAL AREA. HE WAS VERY MUCH OPPOSED TO HOME OCCUPATIONS. MR. VALENTIM ALSO ASKED IF THE ORDINANCE SHOULD STATE WHETHER OR NOT A VARIANCE, ONCE GRANTED, STAYS WITH THE PROPERTY FOREVER. AFTER SOME DISCUSSION, COUNCILMAN DUCK INTRODUCED THE ORDINANCE, WHICH WILL RECEIVE FINAL CONSIDERATION AT THE NEXT REGULAR MEETING. COUNCILMAN BISHOP INTRODUCED IN WRITING ORDINANCE No. 993 AN ORDINANCE ESTABLISHING SALARIES FOR MAYOR AND COUNCIL TO BE THE SAME AS ESTABLISHED IN 1 992: $ 14,400 FOR MAYOR, $3,600 FOR COUNCILMEMBERS ANNUALLY. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILWOMAN PUCKETT MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND OVERSTREET. NAY -NONE. COUNCILWOMAN PACED THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 993. SECONDED BY COUNCILMAN OVERSTREET, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND OVERSTREET. NAY -NONE. COUNCIL REVIEWED ORDINANCE No. 994, AN ORDINANCE TO ANNEX AND ZONE CHARLES K. BRELAND, JR. 'S PROPERTY, HELD OVER FROM THE LAST REGULAR MEETING. BUILDING OFFICIAL BOB LUNSFORD REPORTED ON HIS INVESTIGATIONS INTO THE QUESTIONS RAISED AT THE LAST MEETING: LUNSFORD MET WITH CORPS OF ENGINEERS ART HOSEY THE DAY FOLLOWING THE HEARING ON THE ORDINANCE. MR. HOSEY SAID ANNEXING THE PROPERTY PLACES NO LIABILITY ON THE CITY OR THE COUNTY; THE AREA IS NOT PART OF THE "WETLANDS"; AND THE LAKE, WHICH IS REALLY A POND, IS IN GOOD CONDITION. AFTER SOME DISCUSSION, COUNCILMAN DUCK INTRODUCED IN WRITING ORDINANCE No. 994, IN ORDER TO TAKE IMMEDIATE ACTION, 1746 19 FEBRUARY 1996 COUNCILMAN OVERSTREET 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. COUNCILMAN DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 994. SECONDED BY COUNCILWOMAN PUCKETT, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, Nix, PUCKETT, AND OVERSTREET. NAY -NONE. COUNCIL AGAIN REVIEWED A CLUB LIQUOR LICENSE APPLICATION BY JACK PICKETT, DBA FLY CREEK CAFE, 83 1 NORTH SECTION STREET. SOME OF THE COUNCIL HAD VISITED THE PROPOSED SITE SINCE THE LAST MEETING AND THEIR FINDINGS WERE DISCUSSED. COUNCILWOMAN PUCKETT WAS CONCERNED ABOUT THE SPACE AND THE HOUSEKEEPING. AFTER SOME DISCUSSION, COUNCILMAN OVERSTREET MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMAN DUCK, MOTION CARRIED BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, AND OVERSTREET. NAY-PUCKETT. COUNCILMAN OVERSTREET MOVED TO RESCHEDULE THE MARCH I I REGULAR MEETING TO MARCH 14 DUE TO PLANS TO ATTEND THE NATIONAL LEAGUE OF CITIES MEETING IN WASHINGTON, D.C., ON MARCH 9-13. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. COUNCILMAN BISHOP MOVED TO AUTHORIZE THE MAYOR TO PROCEED WITH PLANS TO UPGRADE THE WASTEWATER TREATMENT PLANT. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6: 10 PM. ES P. Nix, MAYOR EVELYN P./gHILLIPS, CITY CLERK