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Home My WebLink About09-23-1996 Regular Meeting1829 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 23 SEPTEMBER 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. COUNCILMAN DUCK MOVED TO APPROVE MINUTES OF THE SEPTEMBER 9TH & 18TH REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. A BEER ON/OFF PREMISES LICENSE APPLICATION BY DONNA M. ST. JOHN PINZONE, DBA PAPA'S PIZZA PLACE FAIRHOPE, 300 FAIRHOPE AVENUE, WAS WITHDRAWN JUST PRIOR TO THE MEETING. COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY NOE ISLAS, DBA EL GIRO 11, 800 NORTH SECTION STREET. (FORMERLY KK'S GRILL) NO ONE PRESENT OBJECTED TO THE LICENSE. THERE WAS POLICE APPROVAL OF THE APPLICATION. COUNCILMAN DUCK MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMAN BISHOP INTRODUCED ORDINANCE NO. 1 000 IN WRITING, AN ORDINANCE PROVIDING FOR EROSION AND SEDIMENT CONTROL. 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. 1000. SECONDED BY COUNCILMAN FORD, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND OVERSTREET. NAY -NONE. 1830 23 SEPTEMBER 1996 COUNCILMAN BISHOP INTRODUCED ORDINANCE NO. 100 1 IN WRITING, AN ORDINANCE REQUIRING OWNERS, CONTRACTORS, AND SUBCONTRACTORS TO KEEP CONSTRUCTION SITES REASONABLY FREE OF ACCUMULATIONS OF TRASH, GARBAGE OR RUBBISH AND TO PROVIDE REMEDIES AND PENALTIES FOR FAILURE TO DO SO. 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 FOR FINAL ADOPTION OF ORDINANCE NO, 100 1 . SECONDED BY COUNCILMAN OVERSTREET, MOTION 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 BISHOP, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 538-96 BE IT RESOLVED THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND A.T. T. TO EXTEND THE COIN PHONE COMMISSION AGREEMENT FOR THREE (3) YEARS AND TO INCREASE THE MONTHLY COMMISSION RATE TO: $ .01 TO $ 2,083.33 22% $ 2,083.34 TO $ 6,249.00 24% $ 6,250.00 + 26% ADOPTED THIS 23RD DAY OF SEPTEMBER, 1 996. COUNCIL CONSIDERED THE FOLLOWING BIDS ON TRIMMING TREES, ETC., IN CITY RIGHTS -OF -WAY: 1831 23 SEPTEMBER 1996 Identification: "TRIM RIGHT OF WAY" Bids to be opened on: September 19, 1996 at: 11:00 a.m. Bid length: one (1) year. The City of Fairhope Electrical Dept. to secure one (1) truck and crew of two (2) to trim brush, limbs, and trees from city right-of-way. VENDOR. PRICE. START WORK WITHIN. ASPLUNDH TREE Labor: EXPERT CO. $28.87 per hr. 7-Days Siginaw, AL Equipment: $13.62 per hr. H & H TREE Labor: SERVICE $30.40 per hr. 30-Days (SEELBACK & CO.) Equipment: Gadsden, AL $15.50 per hr. GARY ICKES TREE NO RESPONSE & STUMP SERVICE Silverhill, AL BIG JOHN'S TREE NO RESPONSE SERVICE Fairhope, AL It is advised to accept the bid of Asplundh Tree Expert Co., 5iginaw, Alabama for the price of $28.87 per hour for labor and $13.62 per hour for equipment. Aaron Norris, Wayne Smith, Electrical Dept. Supt. Purchasing Agent COUNCILMAN BISHOP MOVED TO ACCEPT THE LOW BID BY ASPLUNDH, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMAN DUCK MOVED TO REAPPOINT ROBERT VAN IDERSTINE AND JIM MCCLURE, EACH FOR A THREE-YEAR TERM, AND TO' APPOINT CHARLES SENIOR, FOR A THREE-YEAR TERM, TO THE BOARD OF ADJUSTMENTS AND APPEALS. SECONDED BY COUNCILWOMAN 1832 23 SEPTEMBER 1996 PUCKETT, MOTION PASSED UNANIMOUSLY. MR. SENIOR WILL REPLACE MR. PEYTON WALKER. COUNCILMAN DUCK MOVED TO HEAR THE FOLLOWING BUSINESS NOT ON THE AGENDA. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY: COUNCILWOMAN PUCKETT INTRODUCED IN WRITING THE FOLLOW RESOLUTION, AND MOVED FOR ITS ADOPTION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 539-96 BE IT RESOLVED THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY OF FAIRHOPE-QUAIL CREEK GOLF DIVISION AND FIRST MERCHANTS BANCARD SERVICES, INC., DAPHNE, ALABAMA, TO SERVICE CREDIT CARD SALES AT THE GOLF COURSE. THIS SERVICE WILL COST A START-UP FEE OF $ 165.00 AND A PERCENTAGE ( 1 .99%) OF QUALIFIED CREDIT CARD TRANSACTIONS EACH MONTH. ADOPTED THIS 23RD DAY OF SEPTEMBER, 1 996. COUNCILMAN FORD REPORTED TO COUNCIL ON MEETING WITH THE GROUP OF MERCHANTS WHO WISHED TO PLACE A "THE WEST END" FLAG IN THEIR BUSINESS AREA IN ORDER TO DRAW DOWNTOWN SHOPPERS TO THEIR PART OF TOWN. THE MEETING BEGAN WITH ADVISING THE MERCHANTS THAT THEIR PLANS DID NOT COMPLY WITH THE SIGN ORDINANCE, HOWEVER THERE ARE SEVERAL THINGS THE CITY IS WILLING TO DO TO HELP THEIR SITUATION: ( I ) PLACING TRASH RECEPTACLES AND FLOWER BOXES IN THE AREA, (2) EXTEND THE CHRISTMAS DECORATIONS TO INCLUDE THE WEST END, (3) EXTEND THE STREET LIGHTING, (4) CHECK FOR AND MEND BROKEN PLACES IN SIDEWALKS, AND (5) STRAIGHTEN PARKING BUMPERS. THIS IS TO EXTEND ONLY TO SUMMIT STREET. THE MERCHANTS WERE ADVISED THIS 1833 23 SEPTEMBER 1996 WORK WILL TAKE PLACE OVER A PERIOD OF TIME AND WOULD NOT BE DONE IMMEDIATELY. COUNCILMAN FORD THEN MOVED TO ACCEPT THESE SUGGESTED IMPROVEMENTS AND TRY TO GET THEM DONE AS SOON AS POSSIBLE. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. COUNCILMAN BISHOP ASKED THE MAYOR TO HAVE A LETTER OF APPRECIATION SENT TO MR. PEYTON WALKER FOR HIS MANY YEARS OF SERVICE. THE MAYOR AND MEMBERS OF THE COUNCIL EXPRESSED THEIR APPRECIATION TO COUNCILMAN LAYTON OVERSTREET FOR HIS SERVICES DURING THE PAST FOUR YEARS AND ALL WISHED HIM THE BEST OF ALL THINGS IN THE FUTURE. MR. OVERSTREET WAS DEFEATED BY MR. WILLIAM H. JONES FOR COUNCILMEMBER, PLACE #3, IN THE SEPTEMBER 17TH RUNOFF ELECTION. MR. VINCE VALENTIM ASKED ABOUT A RECENT NEWS ARTICLE THAT STATED THE CITY HAD COMMITTED SOME $50,000 TO A GROUP RECENTLY FORMED TO HELP STUDENTS GET MORE OUT OF THE EDUCATIONAL SYSTEM. IT WAS EXPLAINED THAT THIS WAS STILL IN THE PLANNING STAGE, NO DOLLAR AMOUNT HAS BEEN SET, AND IT HAS NOT YET COME BEFORE THE COUNCIL. THE NEWS REPORTER APPARENTLY PICKED UP THIS INFORMATION FROM A PLANNING MEETING OR A STUDY SESSION BY THE EDUCATIONAL GROUP. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT rJ' :58 PM. DAME P. Nix, MAYOR