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HomeMy WebLinkAbout07-28-1997 Regular Meeting2053 STATE OF ALABAMA X COUNTY OF BALDWIN X THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 16 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 28 JULY 1 997. PRESENT WERE MAYOR JAMES P. NIX; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, AND WILLIAM H. JONES; 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. COUNCILMEMBER QUINN MOVED TO APPROVE MINUTES OF THE 1 4 JULY 1 997 REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. MAYOR NIX COMMENDED ALL CITY EMPLOYEES ON A JOB WELL DONE DURING HURRICANE DANNY. COUNCILMEMBER DUCK INTRODUCED IN WRITING RESOLUTION 569-97. COUNCILMEMBER QUINN MOVED FOR THE ADOPTING OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY: RESOLUTION No. 569-97 WHEREAS, THE COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, (HEREIN CALLED THE "COUNCIL") HAS BEEN INFORMED BY THE SPECIAL CARE FACILITIES FINANCING AUTHORITY OF THE CITY OF DAPHNE-VILLA MERCY OF THE INTENTION OF THE DAPHNE AUTHORITY TO ISSUE ITS BONDS FOR VARIOUS PURPOSES INCLUDEING CERTAIN PROPERTIES LYING WITHIN THE CITY OF FAIRHOPE; AND WHEREAS, IN ORDER TO PROVIDE INFORMATION TO ALL INTERESTED PARTIES, THE DAPHNE AUTHORITY IS REQUIRED TO PUBLISH NOTICE OF ITS INTENTION TO ISSUE THE BONDS AND HOLD A PUBLIC HEARING FOR THE PURPOSE OF HEARING ANY COMMENTS THAT MAY BE BROUGHT UP BY THE GENERAL PUBLIC IN CONNECTION WITH THE ISSUANCE OF THE BONDS. THE PUBLIC NOTICE WILL BE PUBLISHED IN THE MOBILE REGISTER, THE BULLETIN, AND THE EASTERN SHORE COURIER ON JULY 245, 1 997 AND AUGUST 2, 1997 FOR A HEARING BY THE DAPHNE AUTHORITY IN THE COUNCIL CHAMBERS OF THE CITY OF DAPHNE ON AUGUST 1 5, 1997. NOW THEREFORE, BE IT RESOLVED, THAT THE CITY OF FAIRHOPE, ALABAMA DOES AGREE THAT A HEARING HELD IN DAPHNE, ALABAMA ON AUGUST 1 5, 1 997 AS ADVERTISED WILL BE SUFFICIENT NOTIFICATION, AND THE LOCATION OF THE HEARING IN DAPHNE SHALL BE ACCEPTABLE TO THE CITY OF FAIRHOPE. ADOPTED THIS 28TH DAY OF JULY, 1 997. k` F JAMES P Nix, MAYOR ATTEST: Sol VELYN7ILLIPS, Cl CLER 2054 28 JULY 1 997 A PUBLIC HEARING WAS HELD AS ADVERTISED ON ANNEXING AND ZONING THE WILLIAM T. WADE AND WIFE LINDA J. WADE PROPERTY, AT 8326 NICHOLS STREET AVENUE EXTENSION JUST EAST OF VFW CLUB. THE PROPERTY WILL BE ZONED M- I LIGHT INDUSTRIAL DISTRICT. THERE WAS NO ONE PRESENT OPPOSED TO THE ZONING OR THE ANNEXATION. THERE WAS APPROVAL BY THE PLANNING & ZONING COMMISSION. AFTER DISCUSSION, COUNCILMEMBER DUCK INTRODUCED ORDINANCE NO. 10 1 6 IN WRITING, AN ORDINANCE TO ANNEX AND ZONE THE PROPERTY. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER PUCKETT MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER DUCK, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 10 1 6. SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER FORD INTRODUCED ORDINANCE NO. 10 1 7 IN WRITING, AN ORDINANCE TO ANNEX THE CITY PROPERTY LOCATED EAST OF US 98 SOUTH ON TWIN BEECH ROAD (COUNTY ROAD 44). IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER QUINN MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER FORD, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT THEN MOVED FOR FINAL ADOPTION OF THE ORDINANCE NO. 10 1 7. SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER FORD INTRODUCED ORDINANCE NO. 10 1 8 IN WRITING, AN ORDINANCE TO ANNEX FAIRHOPE SINGLE TAX CORPORATION PROPERTY (LEASEHOLDER: RM DEVELOPMENT CORPORATION, CRAIG DYAS, PRESIDENT, RIVER MILL SUBDIVISION UNIT 10. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER QUINN MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER DUCK, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF THE ORDINANCE NO. 10 1 8. SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY NONE. 2055 28 JULY 1 997 COUNCILMEMBER JONES INTRODUCED ORDINANCE NO. 10 1 9 IN WRITING, AN ORDINANCE TO ANNEX CMC INVESTMENTS CORPORATION, CRAIG REED, PRESIDENT, PROPERTY IN FAIRHOPE ACRES SUBDIVISION, LOTS 5 & 6. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER QUINN MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER FORD, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER JONES THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 10 1 9. SECONDED BY COUNCILMEMBER QUINN, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT MOVED TO APPROVE REQUEST FOR CHANGE ORDER # I , BY J. F. PATE & COMPANY, FAIRHOPE ACTIVITIES CENTER ON BAYOU DRIVE, IN THE AMOUNT OF $6,345.00 INCREASE. SECONDED BY CONCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. C I CILMEMBER JONES MOVED TO APPROVE INSURANCE COVERAGE ON THE FOLLOWING VOLUNTEER FIRE PERSONS: JEREMY DETEMPLE AND JEFF WALKER, AND TO REMOVE CONRAD HAVRANEK AND DALE SUTTON. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO HEAR THE FOLLOWING BUSINESS NOT ON THE AGENDA. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY: COUNCILMEMBER QUINN INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY: 2056 28 JULY 1997 RESOLUTION NO.570-97 DESIGNATION OF APPLICANT'S LOCAL AGENT BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE ALABAMA, THAT PHILLIP RUTHERFORD, GENERAL SUPERINTENDENT, 334/928-2 1 36, POST OFFICE DRAWER 429, FAIRHOPE, ALABAMA 36533, IS HEREBY AUTHORIZED TO EXECUTE FOR AND IN BEHALF OF THE CITY OF FAIRHOPE, A PUBLIC ENTITY ESTABLISHED UNDER THE LAWS OF THE STATE OF ALABAMA, THIS APPLICATION AND TO FILE IT IN THE APPROPRIATE STATE OFFICE FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT (PUBLIC LAW 1 00-707) OR OTHERWISE AVAILABLE FROM THE PRESIDENT'S DISASTER RELIEF FUND. THAT THE CITY OF FAIRHOPE, A PUBLIC ENTITY ESTABLISHED UNDER THE LAWS OF THE STATE OF ALABAMA, HEREBY AUTHORIZES ITS AGENT TO PROVIDE TO THE STATE AND TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR ALL MATTERS PERTAINING TO SUCH FEDERAL DISASTER ASSISTANCE THE ASSURANCES AND AGREEMENTS AS REQUIRED. PASSED AND APPROVED THIS 28TH DAY OF JULY, 1997. JAM S P. NIX, MAYOR ATTE El.TELYN P. PHILLIPS, CITY CLE REASURER 1, EVELYN P. PHILLIPS, DULY APPOINTED CITY CLERK -TREASURER OF THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, ON THE 28TH DAY OF JULY, 1997. CITY CLERK -TREASURER 2057 28 JULY 1997 FOUR BIDS FOR THE HURRICANE DANNY DEBRIS CLEANUP HAD BEEN RECEIVED AND THE MAYOR SO ADVISED THE COUNCIL. THE BIDS CAME FROM PITTMAN TRACTOR COMPANY, INC., SMITH TRUCK AND DRAGLINE SERVICE, INC., SRS, INC., AND DRC, INC. AFTER SOME DISCUSSION, COUNCILMEMBER PUCKETT INTRODUCED IN WRITING THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. RESOLUTION 57 1 -97 BE fT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY AND PITTMAN TRACTOR COMPANY, INC., MONTROSE, ALABAMA FOR THE CLEANING OF DEBRIS. ADOPTED THIS 26TH DAY pF JULY, 1997. P. Nix, MAYOR ATT ST: (\ EVELYN P. HILLIPS, CITY C K MAYOR NIX APPOINTED THE FOLLOWING PERSONS TO SERVE ON THE DOWNTOWN HISTORICAL DISTRICT COMMITTEE: CHARLENE LEE, JAN WEILER, MACK WALCOTT, BILL JONES (TEMPORARY CHAIRMAN) RICHARD BRUNSON, JACK THOMAS, DEBBIE QUINN, AND BOB LUNSFORD MARION E. WYNNE SHARED WELCOMING LETTER THAT HE RECEIVED WHILE VISITING DALIAN CHINA. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:45 P.M. / JAME P. NIX, MAYOR ELYN P. 0HILLIPS, CITY CLERK