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HomeMy WebLinkAbout04-15-1999 Regular MeetingSTATE OF ALABAMA )( 2277 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 THURSDAY, 15 APRIL 1999. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT; CITY ATTORNEY MARION E. WYNNE, AND CITY CLERK GENIECE W. JOHNSON. COUNCILMEMBER WILLIAM H. JONES WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER QUINN MOVED TO APPROVE MINUTES OF THE 22 MARCH 1 999 REGULAR MEETING. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. MAYOR NIX RECOGNIZED AMBER LUCASSEN WHO WAS AWARDED A SCHOLARSHIP FROM AMEA IN THE AMOUNT OF $ 1 ,800.00. MAYOR SKIPPED THE PROPOSED ORDINANCE TO SCHEDULE FINES FOR THE FIRST AND SECOND OFFENSES FOR VIOLATING THE PARKING ON THE CITY RIGHT-OF-WAY ORDINANCE FOR LATER DISCUSSION. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE NO. 1 048. AN ORDINANCE SETTING THE FEES FOR SEWER LINES ALONG SCENIC HIGHWAY 98 AND COUNTY ROAD ONE. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER PUCKETT MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER DUCK MOTION TO SUSPEND THE RULES 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. 1048. SECONDED BY COUNCILMEMBER QUINN, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. 1 5 APRIL 1999 RESOLUTION NO: 628-99 2278 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR, JAMES P. Nix IS HEREBY AUTHORIZED TO TRANSFER THE LEASE AT QUAIL CREEK GOLF COURSE SNACK BAR FROM ED NELSON TO JESSICA JENKINS, DBA THE GRILL AT QUAIL CREEK. THE TERMS SHALL REMAIN THE SAME AS THE CURRENT LEASE. BE IT FURTHER RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE BEVERAGE CART LEASE AGREEMENT BETWEEN THE CITY AND THE GRILL AT QUAIL CREEK SHALL ALSO BE TRANSFERRED FROM ED NELSON TO JESSICA JENKINS. THE TERMS SHALL REMAIN THE SAME AS THE CURRENT LEASE. THIS TRANSFER SHALL BE EFFECTIVE UPON THE ADOPTION OF THIS RESOLUTION. THE LEASE AGREEMENT AT THE GRILL AT QUAIL CREEK AND THE BEVERAGE CART LEASE AGREEMENT SHALL BE TERMINATED BY EITHER PARTY UPON SUBMITTING A 60 DAY WRITTEN NOTICE. ADOPTED THIS THE 15TM DAY OF APRIL 1999. I JAM P. Nix, MAYOR ATTEST: GENIECE W. JOHNSON i'ry CLERK COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER OUINN, MOTION PASSED UNANIMOUSLY. 1 5 APRIL 1 999 RESOLUTION NO. 629-99 2279 WHEREAS, THE SERVICE AGREEMENT DATED NOVEMBER 1, 1993, AS AMENDED BETWEEN KOCH GATEWAY PIPELINE COMPANY (TRANSPORTER) AND CITY OF FAIRHOPE GAS DEPARTMENT (SHIPPER) WHICH SETS FORTH THE TERMS GOVERNING THE TRANSPORTATION OF CERTAIN QUALITITES OF NATURAL GAS (AGREEMENT), AND; WHEREAS, THE TRANSPORTER AND SHIPPER DESIRE TO AMEND THE AGREEMENT AS FOLLOWS: TO PROVIDE FOR AN EXTENSION OF THE CONTRACT TERM SET FORTH IN THE AGREEMENT SUCH THAT THE TERMINATION DATE SHALL BE CHANGED FORM APRIL 1, 1999 TO APRIL 1, 2002. ACCORDINGLY, IN CONSIDERATION OF THE MUTUAL BENEFITS HEREOF, THE PARTIES HEREBY AMEND THE AGREEMENT BY DELETING THE DATES UNDER "PRIMARY TERM" SET FORTH ON PAGE I AND SUBSTITUTING IN LIEU THEREOF THE FOLLOWING: "BEGINNING 7:00 AM ON NOVEMBER 1, 1 993 THRU 7:00 AM ON APRIL 1, 2002. THIS AMENDMENT SHALL BE EFFECTIVE AS OF APRIL I , 1 999, OR IN THE EVENT REGULATORY OR OTHER GOVERNMENTAL AUTHORIZATION IS REQUIRED, IMMEDIATELY UPON RECEIPT AND ACCEPTANCE OF ALL SUCH AUTHORIZATIONS. .0'. EXCEPT AS HEREBY AMENDED ALL OF THE TERMS AND PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT AS WRITTEN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXTEND THE CONTRACT TERM SET FORTH IN THE AGREEMENT SUCH THAT THE TERMINATION DATE SHALL BE CHANGED FROM APRIL I , 1 999 TO APRIL 1, 2002. ADOPTED THIS THE 1 5TH DAY OF jAPRIL 1999. s r J ES P. NIX, MAYOR le I, GENIECE W. JOHNSON , CITY CLERK OF THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF A RESOLUTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, ON THE 15TH DAY OF APRIL, 1999. GENIECE W. JOHNSON, CITY CLERK DATE 2280 1 5 APRIL 1 99 COUNCILMEMBER QUINN INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. RESOLUTION No: 630-99 WHEREAS, AUTO SHRED RECYCLING, L.L.C., PENSACOLA, FLORIDA IS PROPOSING TO PURCHASE THE CITY'S SCRAP METAL AT RATE OF $45.00/GT (2240 LBS), AND; WHEREAS, THIS PROPOSAL AND SUPERSEDES ANY PREVIOUS AGREEMENT. THIS AGREEMENT WILL BE EFFECT FOR THE PERIOD OF ONE YEAR AND WILL RENEW AUTOMATICALLY EACH YEAR UNTIL MODIFIED OR TERMINATED. EITHER PARTY MAY TERMINATE THIS AGREEMENT BY PROVIDING THIRTY (30) DAYS WRITTEN NOTICE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO ENTER IN TO A CONTRACT BETWEEN THE CITY AND AUTO SHRED RECYCLING, L.L.C. FOR THE PURCHASE OF THE CITY'S SCRAP METAL. ADOPTED THIS THE 15TH DAY OF APRIL , 1999. J MES P. Nix, MAYOR I� ATTEST: C\ A41.4'1117 ///- adaA4& GENIE E W. JOHNSON, CI CLERK COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY GERALD D. MYERS, DBA FAIRHOPE BAYSIDE MARKET, LOCATED AT 369 S. MOBILE STREET. COUNCILMEMBER FORD MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY FANNY I QUESADA, DBA CALANES CAFE, LOCATED AT 102 SECTION STREET . COUNCILMEMBER PUCKETT MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. 2281 1 5 APRIL 1999 COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY JESSICA JENKINS, DBA THE GRILL AT QUAIL CREEK, LOCATED AT 1984 I QUAIL CREEK DRIVE. COUNCILMEMBER FORD MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE BY ROBERT VAN IDERSTINE, DBA SPEAK-EZ, LOCATED AT 759 NICHOLS AVENUE. COUNCILMEMBER DUCK MOVED TO APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. MR. GARLAND SIMS ADDRESSED THE COUNCIL REQUESTING TO PLACE A PORTABLE STAND (4' X 5) AT THE NORTH SIDE OF THE PIER SIDEWALK ENTRANCE TO SALE BOTTLED WATER, CANNED SOFT DRINKS AND POSSIBLY CANDY, CRACKERS, PACKAGED POPCORN, ETC. IN AN EFFORT TO RAISE MONEY FOR THE FAIRHOPE LIONS CLUB. THE PLANNED HOURS FOR OPERATION WOULD BE FROM 1-2 HOURS BEFORE AND AFTER SUNSET, MAINLY ON WEEKENDS. THE UNIT WILL BE REMOVED EACH DAY. COUNCILMEMBER PUCKETT MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. NO ONE WAS PRESENT TO ADDRESS THE COUNCIL WITH THE JUBILEE SHORES UNITED METHODIST CHURCH REQUEST. THIS ITEM WILL BE HELD OVER UNTIL THE NEXT REGULAR COUNCIL MEETING. COUNCILMEMBER MIKE FORD ADDRESSED THE COUNCIL REQUEST A TRANSFER OF $5,36 1 .00 FROM THE RE-CREATION CAPITAL IMPROVEMENT FUND TO PURCHASE A STORAGE BUILDING FOR THE VOLANTA BALL PARK, TO STORE CHEMICALS. COUNCILMEMBER DUCK MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO GRANT THE REQUEST OF THE RESIDENTS OF PATLYNN DRIVE (FROM 500 PATLYNN DRIVE NORTH), GREENWOOD AVENUE, ALLISON COURT AND LESLIE COURT TO HAVE A STREET PARTY ON SUNDAY, APRIL 25, 1999, FROM 4:00-7:00 P.M. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. 2282 1 5 APRIL 1 999 COUNCILMEMBER QUINN MOVED TO RE -LOOK AT ORDINANCE No. 1 046 TO SEE IF THERE IS A BETTER WAY TO HANDLE THE SAFETY ISSUES REGARDING PARKING ON CITY RIGHT-OF-WAY (ITEMS 3 FINES, 1 6 THRU 3 1 VARIANCE REQUESTS ON THE AGENDA ARE TABLED UNTIL THE COUNCIL HAS AN OPPORTUNITY TO REVIEW THIS ORDINANCE). AFTER DISCUSSION BY SEVERAL CITIZENS THE MOTION WAS SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. MAYOR NIX OPENED THE FLOOR FOR NOMINATIONS TO THE PERSONNEL BOARD TO REPLACE SHEP SHEPARD (PASSED) THIS TERM WILL END APRIL 2003. MAYOR NIX NOMINATED TOMMY FAUST SR. COUNCILMEMBER PUCKETT MOVED TO CLOSE THE NOMINATIONS AND TO APPOINT MR. FAUST. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. MR. Roy PARKER ADDRESSED THE COUNCIL REQUESTING THAT A CAUTION LIGHT BE INSTALLED AT YOUNG STREET AND NICHOLS STREET. MAYOR NIX EXPRESSED THAT THE INSTALLATION OF A CAUTION LIGHT AT THIS INTERSECTION IS ALREADY IN THE WORKS. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6:20 P.M.