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HomeMy WebLinkAbout05-10-1999 Regular Meeting2295 STATE OF ALABAMA )( 421 �31F- 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, 10 MAY 1999. PRESENT WERE MAYOR NAMES P. Nix; COUNCILMEMBER JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE, AND CITY CLERK GENIECE W. JOHNSON. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER JONES SO MOVED TO APPROVE MINUTES OF THE 26 APRIL 1 999, REGULAR MEETING. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. MAYOR NIX RECOGNIZED MATHREW PERKINS WITH BOY SCOUT TROOP 47. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. COUNCILMEMBER FORD INTRODUCED IN WRITING ORDINANCE. 105 1 . THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL OF THIS ORDINANCE. AN ORDINANCE TO CONSIDER AMENDING THE PLANNED UNIT DEVELOPMENT REGULATIONS. NO ONE PRESENT WAS OPPOSED TO THE AMENDMENT. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER DUCK MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES MOTION TO SUSPEND THE RULES 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. 105 1 . SECONDED BY COUNCILMEMBER DUCK, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. f 2296 10 MAY 1999 A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE. 1052. THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL OF THIS ORDINANCE. AN ORDINANCE TO AMEND THE MOBILE HOME DISTRICTS PROVISIONS. NO ONE PRESENT WAS OPPOSED TO THE AMENDMENT. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER PUCKETT MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES 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. 1052. SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE. 1053. THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL OF THIS ORDINANCE. AN ORDINANCE TO RE -ZONE LINDA WALKER PROPERTY, LOCATED AT 8830 MORPHY AVENUE, FROM RA -RESIDENTIAL AGRICULTURE TO R2-RESIDENTIAL. NO ONE PRESENT WAS OPPOSED TO THE AMENDMENT. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER PUCKETT MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES 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. 1053. SECONDED BY COUNCILMEMBER JONES, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. 2297 10 MAY 1999 c A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO AMEND THE ZONING ORDINANCE. COUNCILMEMBER JONES INTRODUCED IN WRITING ORDINANCE. 1054. THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL OF THIS ORDINANCE. AN ORDINANCE TO REQUIRE THE PLACEMENT OF A ZONING CHANGE SIGN ON PROPERTY BEING CONSIDERED FOR A ZONING CHANGE. NO ONE PRESENT WAS OPPOSED TO THE AMENDMENT. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER QUINN MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES, MOTION TO SUSPEND THE RULES 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. 1054. 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 DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 2298 10 MAY 1 999 RESOLUTION NO. 635-99 WHEREAS, THE OWNERS OF RIVER MILL SUBDIVISION UNIT 3 DESIRE TO HAVE THE STREETS AND UTILITIES ACCEPTED FOR MAINTENANCE BY THE CITY COUNCIL IN ORDER THAT BUILDING PERMITS MAY LAWFULLY BE ISSUED, AND; WHEREAS, THE GENERAL SUPERINTENDENT OF THE CITY OF FAIRHOPE REPRESENTS THAT THE PUBLIC IMPROVEMENTS IN THE SUBDIVISION HAVE BEEN INSTALLED IN SUBSTANTIAL CONFORMITY WITH CITY REQUIREMENTS, AND; WHEREAS, THE CITY OF FAIRHOPE, ALABAMA HAS RECEIVED THE ENGINEERS CERTIFIED AS -BUILT PLANS, TEST REPORTS, AND SERVICE LATERAL LOCATIONS, AND; WHEREAS, THE OWNERS OF THE SUBDIVISION HAVE FILED WITH THE CITY CLERK A MAINTENANCE BOND CONDITIONED UPON FULL WARRANTY OF MATERIALS AND WORKMANSHIP FOR A PERIOD OF TWO YEARS AFTER ACCEPTANCE OF SUCH IMPROVEMENTS, AND WHEREAS, THE PLAT OF RIVER MILL SUBDIVISION UNIT 3 HAS BEEN FILED IN THE PROBATE RECORDS OF BALDWIN COUNTY, ALABAMA AS SLIDE NUMBER 1888-A AND INDICATES THE STREETS AS DEDICATED TO THE PUBLIC; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF 71-IE CITY OF FAIRHOPE ALABAMA, THAT THE STREETS, WATER MAINS AND METERS, GAS MAINS AND METERS, SANITARY SEWER MAINS, ELECTRICAL MAINS AND TRANSFORMERS, AND DRAINAGE FACILITIES WITH THE LIMITS OF THE STREET RIGHT-OF-WAY AND ACCEPTED FOR PUBLIC MAINTENANCE SUBJECT TO THE BOND POSTED. THIS RESOLUTION EXCLUDES FROM MAINTENANCE ALL SIDEWALKS NOT EXISTING ON THIS DATE, ALL DESIGNATED COMMON AREAS ON THE PLAT, ALL SERVICE LATERALS, ALL DRAINAGE FACILITIES OUTSIDE THE LIMITS OF THE PUBLIC RIGHT-OF-WAY, WHETHER OR NOT SUCH MAY BE LOCATED WITHIN THE DEDICATED EASEMENTS, AND ANY OTHER WORK NOT SPECIFICALLY INCLUDED IN THIS ACCEPTANCE. ADOPTED THIS I OTH DAY OF MAY , 1999 4JAME P. �Nix, MAYOR ATTEST: vo�le 27 GENIECE JOHNSON, Cl CLERK 10 MAY 1 999 '-- I.C-:o :: I 2299 COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 637-99 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO DIRECTED TO EXECUTE AND TO DELIVER, ON BEHALF OF THE CITY, FINANCING BETWEEN THE CITY AND THE FRAZER LANIER COMPANY, INCORPORATED WITH RESPECT TO THE IMPROVEMENT PROJECTS OF ADOPTED THIS 1 O' DAY OF MAY 1 999. Z�xt I AM P. Nix, MAYOR ATTEST: GENIECE W. JOHNSON, CI CLERK COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. 10 MAY 1 999 RESOLUTION No. 638-99 BE IT RESOLVED, BY THE CITY OF FAIRHOPE AS FOLLOWS: 2 ;> t=4 -s 2300 THAT THE CITY ENTER INTO AN AGREEMENT WTIH THE STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION RELATING TO A TRANSPORTATION ENHANCEMENT PROJECT WITH PARTIAL FUNDING BY THE FEDERAL HIGHWAY ADMINISTRATION, WHICH AGREEMENT IS BEFORE THIS COUNCIL; 2. THAT THIS AGREEMENT FOR A TRANSPORTATION ENHANCEMENT PROJECT SHALL BE FOR THE CONSTRUCTION OF A BICYCLE/PEDESTRIAN FACILITY ALONG US 98 PROJECT NO. STPTE-0099(24). 3. THAT THE AGREEMENT BE EXECUTED IN THE NAME OF THE CITY, FOR AND ON THE CITY, BY ITS MAYOR; 4. THAT IT BE ATTESTED BY THE CLERK AND THE SEAL OF THE CITY AFFIXED THERETO; BE IT FURTHER RESOLVED, THAT UPON THE COMPLETION OF THE EXECUTION OF THE AGREEMENT BY ALL PARTIES, THAT A COPY OF SUCH AGREEMENT BE KEPT ON FILE BY THE CITY COUNCIL. ADOPTED THIS I OTH DAY OF MAY , 1999. "�-047/ aJAM. Nix, MAYOR ATTEST: GE IECE W. JOHNSON, CLERK I, THE UNDERSIGNED QUALIFIED AND ACTING CITY CLERK OF THE CITY OF FAIRHOPE, ALABAMA, DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING IS A TRUE COPY OF A RESOLUTION LAWFULLY PASSED AND ADOPTED BY THE CITY COUNCIL NAMED THEREIN, AT A REGULAR MEETING OF SUCH COUCIL HELD ON THE I OTH DAY OF MAY 1 999, AND THAT SUCH RESOLUTION IS ON FILE IN THE CITY CLERKS OFFICE. IN WITESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL OF THE CITY ON THIS DAY OF , 1999. GENIECE W. JOHNSON, CITY CLERK DATE 2301 10 MAY 1999 CHRISTOPHER BAKER DIRECTOR OF PLANNING AND BUILDING WAS NOT PRESENT TO REPORT ON A DANGEROUS AND UNSAFE BUILDING LOCATED ON MIDDLE STREET. THEREFORE, THIS ITEM WILL BE ADDRESS AT THE NEXT REGULAR COUNCIL MEETING. MR. WILLIAM A. STAFF ADDRESSED THE COUNCIL REQUESTING PERMISSION FOR THE UNITED STATES COAST GUARD AUXILIARY TO DOCK ONE OF THEIR 4 1 -FOOT CUTTERS AT THE YARDARM MARINA SUNDAY 1 G MAY 999 TO PROMOTE SAFE BOATING WEEK. COUNCILMEMBER FORD MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. MR. JOHN E. BALDWIN MINISTRY OF MUSIC WITH FIRST BAPTIST CHURCH ADDRESSED THE COUNCIL REQUESTING PERMISSION TO CLOSE OFF SECTION STREET BETWEEN WHITE AVENUE AND NICHOLS AVENUE BETWEEN 9:00 A.M. 12:30 P.M., ON SUNDAY, JULY 4rH, IN ORDER TO HOLD A 4rH OF JULY CELEBRATION ON THE FRONT LAWN OF THE CHURCH. THIS EVENT WILL BE OPENED TO THE ENTIRE COMMUNITY. COUNCILMEMBER DUCK MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. MAYOR NIX OPENED THE FLOOR FOR NOMINATIONS TO THE RECREATION BOARD TO FILL ONE POSITION WITH A TERM OF FIVE YEARS. COUNCILMEMBER FORD NOMINATED Jim GODFREY. THERE BEING NO OTHER NOMINATIONS, COUNCILMEMBER PUCKETT MOVED TO CLOSED THE NOMINATION AND APPOINT MR. GODFREY. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. TWO 5-YEAR TERM ON THE RECREATION BOARD. COUNCILMEMBER FORD MOVED TO REAPPOINT CHARLIE LANGHAM AND TRISHA MCMAHON. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. MAYOR NIX OPENED THE FLOOR FOR NOMINATIONS TO THE LIBRARY BOARD TO FILL ONE POSITION WITH A TERM OF FIVE YEARS. COUNCILMEMBER QUINN NOMINATED SUNNY BREWER. THERE BEING NO OTHER NOMINATIONS, COUNCILMEMBER DUCK MOVED TO CLOSED THE NOMINATION AND APPOINT MR. BREWER, BY ACCLAMATION. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. 2302 1 O MAY 1 999 ONE 5-YEAR TERM ON THE LIBRARY BOARD. COUNCILMEMBER PUCKETT MOVED TO REAPPOINT ELOUISE BENFORD. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO REAPPOINT JODY BISHOP AS MUNICIPAL COURT JUDGE FOR TWO YEAR TERM. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. OLD BUSINESS: COUNCILMEMBER JONES MOVED TO GRANT THE REQUEST OF JUBILEE SHORES UNITED METHODIST CHURCH TO USE THE CIVIC CENTER FOR SUNDAY WORSHIP SERVICE STARTING JUNE 1 999 FOR APPROXIMATELY SIX MONTH. THE CITY AND THE CHURCH WILL WORK TOGETHER ON THE SCHEDULE. THE JAMES P. NIX CENTER WILL NOT ACCOMMODATE THE CHURCH CONGREGATIONS. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER JONES (CHIRMAN) AND HIS COMMITTEE RESEARCHED THE REQUEST OF THE RESIDENTS OF NORTH BAYVIEW AVENUE TO PLACE A THREE-WAY STOP AT THE FOOT OF ATKINSON LANE AND BAYVIEW AVENUE. COUNCILMEMBER JONES REPORTED THAT THE COMMITTEE RECOMMENS PLACING A TEMPORARY STOP SIGN AT SUMMIT AND BAYVIEW UNTIL SOME OTHER MEANS CAN BE ARRANGED FOR THIS AREA. COUNCILMEMBER JONES STATED THAT A TRAFFIC TABLE MAY BE PLACED IN THIS AREA IN THE FUTURE. (TRAFFIC TABLE - ROWS OF BRICKS LAID FLAT ON THE ROAD WAY). SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. MAYOR NIX CONGRATULATED SUE MASON ON RECEIVING HER PHD AT THE UNIVERSITY OF SOUTH ALABAMA IN INSTRUCTION DESIGN AND DEVELOPMENT WITH A CONCENTRATION IN HIGH TECHNOLOGY. MRS. SUE MASON ADDRESSED THE COUNCIL REQUESTING THAT THE COUNCIL MAKE LAND AVAILABLE AT THE MUNICIPAL AIRPORT FOR THE CONSTRUCTION OF A COMBINED AVIATION STRUCTURAL FIRE STATION. THE 2303 10 MAY 1999 NEW STATION WILL BE BUILT BY THE VOLUNTEER FIRE DEPARTMENT. COUNCILMEMBER FORD MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. MAYOR NIX RECOGNIZED THE FOLLOWING BOY SCOUT TROOP 47: ELLIOT JONES, JACK DAVIS, WILL BABSTON, ZACK BRANDON, AND JOSH FORD. COUNCILMEMBER QUINN MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. MR. HOP ALLEN ASKED IF THE I OMPH COULD BE ENFORCED AT THE PIER AND BEACH AREA. MR. VINCE VALENTIM ADDRESSED THE COUNCIL REQUESTING THAT THE CITY SUPPORT THE HEART CLINIC BY DONATING SURPLUS ITEMS, RAISING FUNDS, AND IDENTIFYING ONE MONTH TO SUPPORT THIS PROJECT. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL THE MEETING WAS DULY ADJOURNED AT G: 1 5 P.M. r '00'j- / JAM s P. Nix, MAYOR a,&$ "4'e l'A07Af GENIECE W. JOHNSON ATY CLERK