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Home My WebLink About09-22-1997 Regular Meeting2069 STATE OF ALABAMA )( COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.M.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 22 SEPTEMBER 1997, 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 DEPUTY CITY CLERK GENIECE W. JOHNSON. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER JONES MOVED TO APPROVE MINUTES OF THE 8 SEPTEMBER 1997 REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. THE COUNCIL AND AUDIENCE BOWED THEIR HEADS IN A MOMENT OF SILENT PRAYER IN REMEMBRANCE OF THE LATE EVELYN P. PHILLIPS. SHE SERVED AS CITY CLERK FOR 1 9 YEARS. COUNCILMEMBER PUCKETT MOVED TO APPOINT DEPUTY CITY CLERK GENIECE W. JOHNSON AS CITY CLERK- TREASURER. SECONDED COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES MOVED TO APPROVE THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. (SEE RESOLUTION 572-97 ON NEXT PAGE...) 2070 22 SEPTEMBER 1 997 RESOLUTION NO, 572-97 WHEREAS, TWO SIGNATURES ARE REQUIRED ON ALL MONETARY TRANSACTIONS OF THE CITY OF FAIRHOPE; AND WHEREAS, TRAVEL IS SOMETIMES REQUIRED OF THE MAYOR AND OF THE CITY CLERK AND PROVISION SHOULD BE MADE TO COVER MONETARY REQUIREMENTS OF THE CITY IN THE ABSENCE OF ONE OR BOTH; THEN, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE THAT ALL FINANCIAL DEPOSITORIES WHERE MONIES OF THE CITY ARE DEPOSITED, WHETHER IN CHECKING, SAVING, OR OTHER TYPE ACCOUNTS, CURRENTLY OR IN THE FUTURE; BE AND HEREBY ARE ADVISED THAT ANY TWO OF THE FOLLOWING SIGNEES ARE AUTHORIZED TO SIGN ANY MONETARY TRANSACTION BETWEEN SjAID DEPOSITORIES AND THE CITY OF FAIRHOPE, ALABAMA; ZJAMES P. Nix, MAYOR JOHN V. DUCK, COUNCILMEMBER ENIECE W. JOHNSON, CITY CLERK -TREASURER RICHARD A. HICE, CITY ACCOUNTANT BE IT FURTHER RESOLVED THAT GENIECE W. JOHNSON AND RICHARD A. HICE ARE HEREBY AUTHORIZED TO USE A FACSIMILE SIGNATURE FOR ROUTINE CHECKS AND PAPERWORK: SAMPLE: SAMPLE: BE IT FU HER RESOLVED HA�ERTIFIED COPY OF THIS RESOLUTION BE SENT TO ALL DEPOSITORIES AS AUTHORIZATION OF, AND AS A RECORD OF, ABOVE SIGNEE SIGNATURES. ADOPTED THIS 2ND DAY PF SEPTEMBER, 1997 P. Nix, MAYOR ATTEST: \ ENIECE W. JOHNS , CITY CLERK I CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF RES. NO. 572-97 AS ADOPTED BY THE GOVERNING BODY IN REGULAR SESSION ON 22 SEPTEMBER 1997. CITY CLERK DATE 2071 22 SEPTEMBER 1997 MAYOR NIX ANNOUNCED THAT IT IS TIME FOR THE COUNCIL TO CONSIDER ADOPTING THE BUDGET FOR THE 1 997-98 FISCAL YEAR. HE WENT OVER THE FIGURES FOR PROJECTED REVENUE AND PROJECTED EXPENSES IN EACH DEPARTMENT AND OVERALL OPERATION BUDGET. HE SAID THIS IS A WORKING BUDGET, THE MONIES WILL NOT BE SPENT UNLESS WE HAVE IT. COUNCILMEMBER DUCK MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. RESOLUTION NO 573-97 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE PROPOSED BUDGET PRESENTED AND REVIEWED THIS 22ND DAY OF SEPTEMBER, 1997, BE HEREBY APPROVED AND ADOPTED FOR FY 1 997-1 998; AND BE IT FURTHER RESOLVED THAT THE ANNUAL SALARIES OF CITY PERSONNEL SHALL BE AS SHOWN ON A LIST ENTITLED "ANNUAL SALARIES OF ALL CITY PERSONNEL - RES. NO. 573-97"; SAID LIST FILED IN THE OFFICE OF THE MAYOR, OF THE CITY CLERK, AND OF THE PERSONNEL DIRECTOR; AND BE IT FURTHER RESOLVED THAT THE MAYOR BE AUTHORIZED TO ENTER INTO A CONTRACT WITH THE EASTERN SHORE CHAMBER OF COMMERCE TO PROMOTE THE CITY OF FAIRHOPE. THE CONTRACT SHALL BE FOR ONE YEAR, I OCTOBER 1997 - 30 SEPTEMBER 1998, BUT MAY BE CANCELLED AT ANY TIME. CONTRACT SHALL CALL FOR A PAYMENT TO THE EASTERN SHORE CHAMBER OF COMMERCE OF $ 1 25.00 PER MONTH FROM THE GENERAL FUND AND $ 1 25.00 PER MONTH FROM EACH OF THE UTILITY FUNDS; OR $6,000.00 FOR THE ONE YEAR TERM. ADOPTED THIS 22ND DAT OF SEPTEMBER, 1997. / JAM s P. Nix, MAYOR ATTEST• (\/ GENIECE W. JOHNSOIC CITY CLERK MR. JIM CLARKE PRESIDENT OF CLARKITECTS PROFESSIONAL CORPORATION, ADDRESSED THE COUNCIL ON BEHALF OF MR. BEN MAUMENEE TO REQUEST PERMISSION FROM THE CITY TO CONSTRUCT A SMALL STORAGE BUILDING THAT WILL ENCROACH ON CITY PROPERTY. ATTORNEY MARION E. WYNNE STATED THAT IT IS ILLEGAL FOR THE CITY TO ALLOW IT'S PROPERTY TO USED FOR PRIVATE PURPOSES. COUNCILMEMBER DUCK MOVED TO APPROVE THE REQUEST FROM ST. NUDES CHILDREN'S HOSPITAL TO HOLD A BIKE/WALK-ATHON ON SATURDAY, 8 NOVEMBER 1 997. WITH A RAIN DAY OF SATURDAY, 1 5 NOVEMBER 1997 AT 1 0:00 AM. THE POLICE HAVE APPROVED THE PROPOSED ROUTE. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 2072 22 SEPTEMBER 1997 MR. R. JEFFREY PERLOFF, MEMBER OF THE MOBILE AMATEUR RETRIEVER CLUB ADDRESSED THE COUNCIL TO REQUEST A VARIANCE WITH REGARD TO THE DISCHARGE OF FIREARMS ORDINANCE SO THAT THE AIRPORT PROPERTY AND SURROUNDING PRIVATE FARMLANDS MAY BE UTILIZED FOR THE CLUBS FALL FIELD TRAIL ON OCTOBER 3 1 THROUGH NOVEMBER 2, 1 997. COUNCILMEMBER FORD MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO APPROVE THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. (SEE RESOLUCTION 574-97 ON NEXT PAGE) 22 SEPTEMBER 1997 RESOLUTION NO. 5 74-9 7 2073 A RESOLUTION ESTABLISHING A LIMITED TIME MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR PROPERTIES LOCATED WITHIN CERTAIN PORTIONS OF THE CENTRAL BUSINESS DISTRICT AS SUCH DISTRICT IS NOW DEFINED BY THE FAIRHOPE ZONING ORDINANCE: WHEREAS, THE FAIRHOPE PLANNING COMMISSION HAS APPOINTED A SPECIAL STUDY COMMITTEE TO STUDY AND PROPOSE REVISIONS TO THE FAIRHOPE ZONING ORDINANCE FOR CONSIDERATION BY THE COMMISSION AND ADOPTION BY THE FAIRHOPE CITY COUNCIL, AND; WHEREAS, THE SAID STUDY COMMITTEE IS RECOMMENDING THAT THE CENTRAL BUSINESS DISTRICT BE REDUCED IN AREA TO ENCOMPASS ONLY THAT PORTION OF THE CITY BOUNDED ON THE WEST BY THE EAST BOUNDARY OF CHURCH STREET; ON THE NORTH BY THE SOUTH BOUNDARY OF MAGNOLIA AVENUE; ON THE EAST BY THE WEST BOUNDARY OF BANCROFT STREET AND ON THE SOUTH BY THE NORTH BOUNDARY OF MORPHY AVENUE; AND WHEREAS, THE CHAIRMAN OF THE PLANNING COMMISSION AND THE CHAIR OF THE COMMITTEE FOR REVISION HAVE REQUESTED THAT THE CITY COUNCIL ISSUE A MORATORIUM ON CONTINUED DEVELOPMENT OUTSIDE THE ABOVE DESCRIBED AREA UNLESS PARKING IS PROVIDED IN FULL COMPLIANCE WITH THE REQUIREMENTS OF THE FAIRHOPE ZONING ORDINANCE, AND; WHEREAS, IT REASONABLY APPEARS THAT CONTINUED DEVELOPMENT IN THE PRESENT CENTRAL BUSINESS DISTRICT AND THE RESULTING INCREASE IN DEMAND FOR PARKING SPACE INDICATE A NEED FOR STUDY AND CONSIDERATION OF CHANGES IN PARKING REQUIREMENTS, AND; WHEREAS, IT REASONABLY APPEARS THAT CONTINUED DEVELOPMENT WHICH WOULD OR MIGHT FURTHER EXACERBATE THE EXISTING PARKING PROBLEM IS NOT IN THE BEST INTEREST OF THE CITY; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE THIS MORATORIUM IS SUBJECT TO THE FOLLOWING CONDITIONS: I THE MORATORIUM SHALL NOT EXIST FOR A LONGER TIME THAN THE EARLIER OF THE FOLLOWING EVENTS: (A) FINAL DISPOSITION OF THE SUBJECT ZONING TEXT AMENDMENTS BY THE CITY COUNCIL; (B) SIX CALENDAR MONTHS FROM THE DATE OF THIS RESOLUTION. 2. THIS MORATORIUM SHALL NOT AFFECT THE ISSUANCE OF ANY BUILDING PERMIT WITHIN THE PROPOSED REVISED CENTRAL BUSINESS DISTRICT DESCRIBED HEREIN. 3. THIS MORATORIUM SHALL NOT AFFECT THE ISSUANCE OF ANY BUILDING PERMIT WHERE PROVISION FOR PARKING IS NOT AT ISSUE. 4. DISPUTES REGARDING NON -ISSUANCE OF PERMITS UNDER THE MORATORIUM SHALL BE APPEALABLE TO THIS COUNCIL. ADOPTED THIS THE 22ND DAY OF SEPTEMBER 1997. JAMES P. NIX, MAYOR ATTEST: ENIECE W. JOHNSON, /96Y CLERK 2074 22 SEPTEMBER 1 997 COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY CURTIS P. GORDON, 3 19 1/2 FAIRHOPE AVENUE. MR. GORDON WAS NOT PRESENT TO ANSWER QUESTIONS FROM THE COUNCIL. COUNCILMEMBER DUCK MOVED TO CONTINUE THIS ISSUE AT THE NEXT REGULAR MEETING. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING WAS HELD AS ADVERTISED ON THE REQUEST OF A CLUB LIQUOR LICENSE BY CLAYTON LEWIS STOPA, DBA CLAYTON'S LOCATED AT 1 9270 SCENIC Hwy 98. MR. STOPA PRESENTLY HAS A RESTAURANT LIQUOR LICENSE AT THIS LOCATION. MR.STOPA WAS PRESENT. NO ONE PRESENT WAS OPPOSED TO THE LICENSE. THERE WAS POLICE APPROVAL OF THE APPLICANT. COUNCILMEMBER JONES MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES REPORTED THAT HE AND HIS COMMITTEE RECOMMEND INSTALLING A TRAFFIC LIGHT AT THE MORPHY AVENUE AND INGLESIDE STREET INTERSECTION. THERE HAVE BEEN SEVERAL REQUESTS TO PLACE A LIGHT AT THIS INTERSECTION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER PUCKETT MOVED TO ACCEPT THE LOW BID OF WALLER CONSTRUCTION COMPANY, ORANGE BEACH, ALABAMA, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. Identification: FLY CREEK EMERGENCY WATERSHED PROTECTION, SITE 07 Bids opened on: Monday, Sept. 22,1997 Time: 10:00 a.m. IV- mmnval of nhefnieBnnc nn and in Fdv Crank WALLER CONSTRUCTION CO. Orange Beach, AL $24,200.00 Completion within 30 days. POTTER MARINE CONSTRUCTION, Fairho e, AL $28,800.00 Completion within 30 days. STORM RECONSTRUCTION SERVICES, Completion within 90 days. It is recommended to accept the low bid of WALLER CONSTRUCTION CO. Orange Beach, AL for the price of $24,200.00 with all specifications being met. Tim Kant, Wayne Smith, Public Works Supt. Purchasing Agent 2075 22 SEPTEMBER 1997 MR. ALLEN ADDRESSED THE COUNCIL WITH CONCERNS OF THE SUNDAY LIQUOR SALES. MR. ALLEN ASKED IF THE RESIDENTS WILL HAVE A VOTE IN THE MATTER. MAYOR STATED THAT THERE WILL BE AN ELECTION HELD ON THIS ISSUE, BUT THE ELECTION WILL TAKE PLACE IN CONJUNCTION WITH ELECTIONS THAT MAY BE HELD BY OTHER MUNICIPALITIES AND THE COUNTY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:50 PM. P. Nlx, PFAYOR kIECE W. JOHNSON, CAY CLERK p