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Home My WebLink About04-08-1996 Regular Meeting1758 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 8 APRIL 1996. 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 P. PHILLIPS. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. MINUTES OF THE 25 MARCH 1996 REGULAR SESSION WERE DULY APPROVED. THE PLANNING & ZONING COMMISSION HAS BEEN ADVISED THAT MADELINE C. BERGLIN WILL BE FILING AN APPLICATION FOR CONDEMNATION OF RIGHT-OF-WAY OVER PROPERTY WITHIN THE LIMITS OF FAIRHOPE, ALABAMA. THE CODE OF ALABAMA, 1 975, SECTION 1 8-3-1 REQUIRES, IN PART, "WRITTEN APPROVAL" FROM THE GOVERNING BODY AS WELL AS THE PLANNING & ZONING COMMISSION FOR THE FILING OF THIS APPLICATION. COUNCILMAN BISHOP MOVED TO APPROVE AND CONFIRM THE APPROVAL GIVEN TO MS. BERGLIN BY THE PLANNING & ZONING COMMISSION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY: (RESOLUTION No. 5 1 2-96 ON NEXT PAGE.....) 1759 RESOLUTION NO. ��o� % WHEREAS, the Owners of Unit Two Carya Point 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, and; WHEREAS, the General Superintendent of the City represents that the physical improvements in the nature of streets, drainage and utilities have been installed in substantial conformity with City requirements, and; WHEREAS, City 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 a bond for maintenance of the improvements as required by the City's codes and regulations, and; WHEREAS, the Plat of said Carya Point Unit 2 having been recorded in the Probate Records of Baldwin County, Alabama at Slide No. g6 , delineates thereon the subject streets therein as public ways; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the said streets and the utilities within said Carya Point Unit Two 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 O day of 1996. ATTEST: Ja s P. Nix, Mayor Evelyn Phillips, City Cl rk S APRIL 1996 COUNCILMAN OVERSTREET INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. �5`13- 96 WHEREAS, the Owners of Unit 5, Eastgate Subdivision are desirous of having the street and the 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 streets, drainage and utilities have been installed in substantial conformity with City requirements, and; WHEREAS, City 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 a bond for maintenance of the improvements as required by Qwi.' the City's codes and regulations, and; WHEREAS, the Plat of said Unit 5, Eastgate having been recorded in the Probate Records of Baldwin County, Alabama at Slide No. /678- , 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 Unit 5, Eastgate Subdivision 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 _day of ]99.6'. ATTEST' i a Ja es P. Nix, Mayor p Evelyn P. Phillips, City C r k 1760 8 APRIL 1996 1761 COUNCIL REVIEWED A RESTAURANT LIQUOR LICENSE APPLICATION BY ANN B. BRIDGEMAN, DBA AUBERGINE, LLC, AT 3 1 5 DELAMARE. THIS APPLICATION IS DUE TO A CHANGE IN OWNER. THERE WAS POLICE APPROVAL OF THE APPLICATION. COUNCILWOMAN PUCKETT MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMAN DUCK MOVED TO APPROVE MRS. RUTH MCMILLAN'S, 300 NORTH BAYVIEW, REQUEST TO CLOSE THE 300 BLOCK OF NORTH BAYVIEW (FROM POWELL STREET TO BLAKENEY STREET) ON SATURDAY, MAY 18TH, FROM 3:00 PM TO 7:00 PM, FOR THE PURPOSE OF HOLDING AN OUTDOORS WEDDING. MRS. MCMILLAN SENT SIGNED APPROVALS BY HER AFFECTED NEIGHBORS. COUNCILMAN DUCK MOVED TO APPROVE THE REQUEST. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. MAYOR NIX OPENED THE FLOOR FOR NOMINATIONS TO FILL THE FOLLOWING POSITIONS AND TERMS ON CERTAIN BOARDS: AIRPORT BOARD - TWO-YEAR TERM. COUNCILWOMAN NOMINATED KHIM VIRA FOR REAPPOINTMENT. THERE BEING NO OTHER NOMINATIONS, COUNCILMAN BISHOP MOVED TO CLOSE THE NOMINATIONS AND REAPPOINT KHIM VIRA BY ACCLAMATION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. HARBOR BOARD - TWO-YEAR TERM. COUNCILMAN DUCK NOMINATED LAYTON OVERSTREET FOR REAPPOINTMENT. THERE BEING NO OTHER NOMINATIONS, COUNCILWOMAN PUCKETT MOVED TO CLOSE THE NOMINATIONS AND REAPPOINT MR. OVERSTREET BY ACCLAMATION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. PARKING AUTHORITY - THREE 3-YEAR TERMS. COUNCILMAN FORD NOMINATED BEN BARNHILL, SHEROLD POPE, AND HORACE STOWE FOR REAPPOINTMENT. THERE BEING NO OTHER NOMINATIONS, COUNCILMAN DUCK MOVED TO CLOSE THE NOMINATIONS AND TO REAPPOINT BARNHILL, POPE, AND STOWE BY ACCLAMATION. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. 8 APRIL 1996 1762 COUNCILWOMAN PUCKETT MOVED TO ACCEPT THOMPSON TRACTOR COMPANY'S SINGLE BID OF $ 1 4,885.00 TO REPAIR UNDERCARRIAGE OF BIG BULLDOZER, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. COUNCILMAN DUCK MOVED TO APPROVE THE FAIRHOPE SINGLE TAX CORPORATIONS REQUEST TO HAVE A BALCONY AND ROOF OVERHANG CONSTRUCTED AT 336 FAIRHOPE AVENUE AS ILLUSTRATED AND EXPLAINED BY MR. LEE VERNAIL OF WALCOTT- ADAMS, ARCHITECTS. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY. COUNCILMAN BISHOP REPORTED HE HAD BEEN CONTACTED BY ERIC WARD OF THE ALABAMA SPORTS FESTIVAL CONCERNING HOLDING A BICYCLE RACE AT THE MUNICIPAL PIER ON JUNE 28TH. IT WAS SUGGESTED THE RACE BE HELD ON THE TRACK AT STIMPSON FIELD. COUNCILMAN BISHOP SAID HE WOULD PRESENT THIS TO THE RECREATION BOARD AND MAKE A REPORT TO THE COUNCIL AS SOON AS POSSIBLE. COUNCILWOMAN PUCKETT MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:59 PM. JAME$ P. NIX, MAYOR Lv/`jI ■I RJMW-j- L9I-