HomeMy WebLinkAbout09-13-1999 Regular Meeting2351
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, 1 3 SEPTEMBER 1 999.
PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBER JOHN V.
DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, WILLIAM H. JONES; CITY
ATTORNEY MARION E. WYNNE, AND CITY CLERK GENIECE W. JOHNSON.
COUNCILMEMBER JEANETTE PUCKETT WAS ABSENT.
THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING
TO ORDER. COUNCILMEMBER DUCK MOVED TO APPROVE MINUTES OF THE
1 6 AUGUST 1 999, REGULAR MEETING. SECONDED BY COUNCILMEMBER
JONES, MOTION PASSED UNANIMOUSLY.
A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED
ORDINANCE TO AMEND THE ZONING ORDINANCE. THE PLANNING & ZONING
COMMISSION RECOMMENDS NOT APPROVING THIS ORDINANCE. THIS
ORDINANCE WOULD RE -ZONE PAULINE MOYD PROPERTY, FROM RA -
RESIDENTIAL AGRICULTURE TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(PUD) ON APPROXIMATELY 40 ACRES, LOCATED SOUTH OF BAY MEADOWS
AND WEST OF COUNTY ROAD 27. MR. JEFF KENNEDY A REPRESENTATIVE
FOR THE MOYD FAMILY ADDRESSED THE COUNCIL REQUESTING THE COUNCIL
TO TABLE THIS ITEM, AND SEND IT BACK TO THE PLANNING AND ZONING
COMMISSION TO HAVE A PUBLIC HEARING ON THEIR REVISED PLANS. THE
NEW PLANS WOULD ALLOW FOR 96 LOTS INSTEAD OF 129 LOTS AND THERE
WOULD NOT BE AN INGRESS AND EGRESS ON TO BAY MEADOW DRIVE.
SEVERAL RESIDENTS LIVING IN AND NEAR THE BAY MEADOW SUBDIVISION
OPPOSE THE RE -ZONING OF THE PROPERTY. THE RESIDENTS EXPRESSED
THE PROPERTY HAS LOW DENSITY, AND THE BEHAVIOR OF PLACING
LIVESTOCK ON THE PROPERTY IN AN EFFORT THE DEPRECIATE THE
SURROUNDING PROPERTIES WAS INAPPROPRIATE. THEREFORE, THE RE-
ZONING OF THIS PROPERTY SHOULD BE DENIED AND THAT MS. MOYD
SHOULD HAVE TO WAIT ONE YEAR BEFORE COMING BACK TO THE PLANNING
AND ZONING COMMISSION WITH NEW PLANS. AFTER FURTHER DISCUSSION
COUNCILMEMBER QUINN MOVED TO DENY THE PROPOSAL OF THE PUD.
SECONDED BY COUNCILMEMBER JONES. MOTION TO DENY PASSED BY THE
FOLLOWING VOTES: AYE -DUCK, QUINN, NIX, AND JONES. NAY -FORD.
2352
1 3 SEPTEMBER 1 999
A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED
ORDINANCE TO AMEND THE ZONING ORDINANCE. THE PLANNING & ZONING
COMMISSION RECOMMENDS APPROVAL THIS ORDINANCE. THIS ORDINANCE
WOULD OFFER CLARIFICATION OF THE COMMERCIAL ASPECTS OF THE
ORIGINAL ROCK CREEK PUD AND APPROVE A SITE PLAN LOCATED ON THE
NORTHEAST CORNER OF ROCK CREEK DRIVE AND US Hwy 98.
CHRISTOPHER EXPLAIN THE ORIGINAL PUD OF ROCK CREEK INCLUDES
SOME PROPERTY RESERVED FOR COMMERCIAL USES. HOWEVER, THE USES
PERMITTED FOR THESE COMMERCIAL PROPERTIES IS VAGUE AND CAN BE
CONFUSING. IN ORDER TO PREVENT ANY MISCOMMUNICATION BETWEEN THE
DEVELOPER, PROSPECTIVE TENANTS, AND THE CITY, MR. CORTE IS SEEING
TO CLARIFY THE COMMERCIAL USES THAT WILL BE PERMITTED ON THE
COMMERCIAL PROPERTY. THESE PROPOSED USES APPLY TO ALL OF THE
COMMERCIAL PROPERTY IN ROCK CREEK. THE PLANNING DEPARTMENT HAS
NO ISSUE WITH THE USES PROPOSED BY THE APPLICANT. MR. CORTE IS
SEEKING TO DEVELOP ONE OF THE COMMERCIAL PROPERTIES AT THIS TIME.
THEREFORE, A SITE PLAN HAS BEEN SUBMITTED FOR APPROVAL. AS EACH
COMMERCIAL PROPERTY DEVELOPS, A SITE PLAN WILL BE SUBMITTED FOR
APPROVAL BY THE CITY. AFTER A LENGTHY DISCUSSION, COUNCILMEMBER
QUINN MOVED TO TABLE THE PROPOSED ORDINANCE. SECONDED BY
COUNCILMEMBER JONES. MOTION TO TABLE THE PROPOSED ORDINANCE
PASSED BY THE FOLLOWING VOTES: AYE -DUCK, FORD, QUINN, NIX, AND
JONES. NAY -NONE.
COUNCILMEMBER DUCK MOVED TO ADDRESS AGENDA ITEM # 19
NEXT. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED
UNANIMOUSLY.
MR. WILLIAM BALDWIN ADDRESSED THE COUNCIL REQUESTING
PERMISSION TO INSTALL A BRONZE SCULPTURE TO COMMEMORATE MARIETTA
JOHNSON IN A GROVE OF TREES NEAR THE SOUTH STEPS TO FAIRHOPE
PIER. THIS SITING OFFERS MAXIMUM VISIBILITY FROM MOBILE STREET, BUT
WILL NOT OBSTRUCT THE VIEW OF MOBILE BAY. THE BRONZE SCULPTURE
WILL BE APPROXIMATELY 46° TALL. THE MUSEUM BOARD IS RESPONSIBLE
FOR RAISING THE FUNDS FOR THIS PROJECT, AS WELL AS FOR MAINTENANCE
OF THE SCULPTURE. COUNCILMEMBER JONES TO GRANT THE REQUEST.
SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY.
2353
1 3 SEPTEMBER 1999
COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR
THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY
COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY.
RESOLUTION NO. 655-99
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, THAT THE CITY ENTER INTO AN
AGREEMENT WITH THE STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION AND MOORE ENGINEERING
FOR:
TO RELOCATE GAS MAINS ALONG US HIGHWAY 90 BETWEEN F 10, AND US HIGHWAY 3 1 ,
(STATE HIGHWAY PROJECT NUMBER STPOA 465(8), WHICH AGREEMENT IS BEFORE
THE COUNCIL, AND THE AGREEMENT BE EXECUTED IN THE NAME OF THE CITY, BY IT
MAYOR, FOR AND ON ITS BEHALF AND THAT IT BE ATTESTED BY THE CITY 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 CLERK.
ADOPTED AND APPROVED THIS 1 3' DAY OF SEPTEMBER 1999.
A
NAMErP.Nix, MAYOR
ATTEST:
99
GENIECE W. JOHNSON, CrCLERK
I, THE UNDERSIGNED QUALIFIED AND ACTING 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 OF THE CITY NAMED THEREIN, AS A REGULAR MEETING OF SUCH COUNCIL
HELD ON THE 1 3TM DAY OF SEPTEMBER 1999, AND THAT SUCH RESOLUTION IS RECORDED IN THE
MINUTES BOOK OF THE CITY.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL OF THE CITY ON
THIS DAY OF
GENIECE W. JOHNSON, CITY CLERK
2354
1 3 SEPTEMBER 1999
COUNCILMEMBER JONES INTRODUCED IN WRITING, AND MOVED FOR THE
ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY
COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY.
Resolution No. 656-99
WHEREAS, the Owners of Rock Creek Phase V desire to have all public streets and
rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin
County, Alabama as Instrument Number 503467 and recorded in Real Book Pages
01909-B, 01910-A, 01910-B, and 01911-A and all utilities located in easements and in
rights -of -ways accepted for maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the developer has provided a Performance Bond which guarantees that
the public improvements will be constructed to City standards, and;
WHEREAS, the City of Fairhope, Alabama has received notice from the engineers of
the project that the design and capacity of the public improvements have been
designed in conformance with City requirements as indicated on the recorded plat,
and;
WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible
for the maintenance of common areas in the subdivision as indicated on the recorded
plat, and;
WHEREAS, the City of Fairhope, Alabama has received from the owners of Rock
Creek Phase V a maintenance bond for the public improvements constructed for a
period of 2 years from the date of the approval of this Resolution, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA that the public improvements for Rock Creek Phase V are
hereby accepted for public maintenance subject to the bond posted.
Adopted, this 131h day of Se ember , 1999
P. Nix, Mayor
Attest:
Izz-
Geniece W. Johnson; lerk
2355
1 3 SEPTEMBER 1999
COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE
ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY
COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY.
Resolution No. 657-99
WHEREAS, the Owners of Idlewild Phase IV desire to have all public streets and
rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin
County, Alabama found on Slide 1921-A and all utilities located in easements and in
rights -of -ways accepted for maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the General Superintendent of the City has indicated that the public
improvements have been constructed to City standards, and;
WHEREAS, the City of Fairhope, Alabama has received notice from the engineers of
the project that the design and capacity of the public improvements have been
designed in conformance with City requirements as indicated on the recorded plat,
and;
WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible
for the maintenance of common areas in the subdivision as indicated on the recorded
plat, and;
WHEREAS, the City of Fairhope, Alabama has received from the owners of Idlewild
Phase IV a maintenance bond for the public improvements constructed for a period of
two (2) years from the date of the approval of this Resolution, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA that the public improvements for Idlewild Phase IV are hereby
accepted for public maintenance subject to the bond posted.
Adopted, this 131h day of September , 1999
\&�� P P.,
Jame .Nix, Mayor
Attest
Geniece W. Johnson, Ity Clerk
2356
1 3 SEPTEMBER 1999
THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM)
REQUIRES THE WATER DEPARTMENT TO SET UP A WATER SITE SAMPLING
PLAN FOR BACTERIOLOGICAL MONITORING AND TO HAVE THE WRITTEN PLAN
OFFICIALLY ADOPTED BY THE CITY IS GOVERNING BODY. THE COUNCIL HAD
REVIEWED THE FAIRHOPE WATER SYSTEM SAMPLE SITING PLAN, WHICH IS
EXPLAINED IN DETAIL IN A LETTER ADDRESSED TO ADEM DATED
10 SEPTEMBER 1999, WHICH IS ON FILE IN THE WATER DEPARTMENTS
OFFICE AND IN THE MAYORS OFFICE. COUNCILMEMBER QUINN MOVED TO
APPROVE AND ADOPT SAID PLAN. SECONDED BY COUNCILMEMBER FORD,
MOTION PASSED UNANIMOUSLY.
DAN MCCRORY, WATER/SEWER SUPERINTENDENT ANNOUNCED THAT
ALL WATER SYSTEMS IN THE UNITED STATES IS HAVING TO DO A CONSUMER
CONFIDENCE REPORT (CCR). THEREFORE, ALL MEMBERS ON THE CITYS
WATER SYSTEM WILL RECEIVE BY MAIL A "OUR DAILY WATER" WHICH IS AN
ANNUAL QUALITY REPORT.
A PUBLIC HEARING WAS HELD AS ADVERTISED ON THE REQUEST OF A
PACKAGE STORE LICENSE BY EDWARD J. KULIK, DBA POINT CLEAR
HOLDING, INC. - MARRIOTT GRAND HOTEL, LOCATED AT 1 7855 SCENIC
Hwy 98. THERE WAS POLICE APPROVAL OF THE APPLICANT.
COUNCILMEMBER FORD MOVED TO APPROVE THE ISSUANCE OF THE
LICENSE. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED
UNANIMOUSLY.
COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR
LICENSE BY EDWARD J. KULIK, DBA POINT CLEAR HOLDING, INC. -
MARRIOTT GRAND HOTEL POOL & CABANA CLUB, LOCATED AT 1 7855
SCENIC Hwy 98. THERE WAS POLICE APPROVAL OF THE APPLICANT.
COUNCILMEMBER DUCK MOVED TO APPROVE THE ISSUANCE OF THE
LICENSE. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED
UNANIMOUSLY.
COUNCIL REVIEWED AN APPLICATION FOR A SPECIAL RETAIL LICENSE
BY EDWARD J. KULIK, DBA POINT CLEAR HOLDING, INC. - LAKEWOOD CLUB,
LOCATED AT 1 7855 SCENIC Hwy 98. THERE WAS POLICE APPROVAL OF
THE APPLICANT. COUNCILMEMBER JONES MOVED TO APPROVE THE
ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER QUINN,
MOTION PASSED UNANIMOUSLY.
2357
1 3 SEPTEMBER 1999
COUNCIL REVIEWED AN APPLICATION FOR A BEER ON/OFF PREMISES
LICENSE BY DERRICK WASHINGTON, DBA HARDHEADS CATFISH CAFE,
LOCATED AT 2 10 EASTERN SHORE SHOPPING CENTER. THERE WAS POLICE
APPROVAL OF THE APPLICANT. COUNCILMEMBER DUCK MOVED TO
APPROVE THE ISSUANCE OF THE LICENSE. SECONDED BY COUNCILMEMBER
QUINN, MOTION PASSED UNANIMOUSLY.
COUNCIL REVIEWED AN APPLICATION FOR A RESTAURANT LIQUOR
LICENSE BY DAVID B. SAXON, DBA D & D ENTERPRISES, INC., LOCATED AT
3 1 1 FAIRHOPE AVENUE. THERE WAS POLICE APPROVAL OF THE
APPLICANT. COUNCILMEMBER JONES MOVED TO APPROVE THE ISSUANCE OF
THE LICENSE. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED
UNANIMOUSLY.
COUNCILMEMBER QUINN MOVED TO APPROVE ADVERTISEMENTS BE
PUBLISHED ASKING PROPERTY OWNERS INTERESTED IN PUBLIC IMPROVEMENT
TO ADVISE THE CITY CLERK SO AS TO DETERMINE IF ENOUGH INTEREST
EXISTS TO BEGIN A NEW PUBLIC IMPROVEMENTS ASSESSMENT PROJECT.
SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY.
COUNCILMEMBER FORD MOVED TO AUTHORIZE MAYOR NIX TO APPLY
FOR A GRANT FOR SEWER LINES ALONG SOUTH INGLESIDE STREET TO TWIN
BEECH ROAD. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED
UNANIMOUSLY.
COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR
THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY
COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY.
RESOLUTION NO. 658-99
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that Mayor James P Nix is hereby authorized to execute a contract
between the City and Walcott -Adam Verneuille Architects, for the designing of a New
Police Station and Jail Facility.
Adopted this 131h day of September, 1999.
James . Nix, Mayor
Attest:
Geniece W. Johns ity Clerk
2358
1 3 SEPTEMBER 1999
COUNCILMEMBER FORD MOVED TO GRANT THE FAIRHOPE K- I CENTER
REQUEST TO HOLD A FAMILY FUN RUN ON SATURDAY, OCTOBER 30TH FROM
9:00 AM TO 1 0:00 AM. SECONDED BY COUNCILMEMBER QUINN, MOTION
PASSED UNANIMOUSLY.
COUNCILMEMBER DUCK MOVED TO GRANT THE REQUEST OF THE
EASTERN SHORE ART CENTER TO HOLD THEIR ANNUAL OUTDOOR ARE
SHOW, MARCH 1 7, 1 8, AND 19, 2000, ON OAK STREET, FROM
BANCROFT TO SECTION STREET, AND UP SECTION STREET ONE-HALF BLOCK
PAST EQUALITY STREET. SECONDED BY COUNCILMEMBER FORD, MOTION
PASSED UNANIMOUSLY.
COUNCILMEMBER FORD MOVED TO TRANSFER $6,390.00 FROM THE
CAPITAL IMPROVEMENT FUND TO THE RECREATION OPERATING FUND. THE
FENCE ALONG THE STADIUM SEATS WAS RAISED ONE FOOT TO MET CODE
REQUIREMENTS. SECONDED COUNCILMEMBER JONES, MOTION PASSED
UNANIMOUSLY.
Identification: "HYDROFLUOSILIC ACID" (FLUORIDE)
Bids to be opened on: August 20, 1999
at:11:00 a.m.
rhamiral to he aririari to Water
VENDOR:
PRICE.
DELIVERY:
INDUSTRIAL CHEMICALS, Birmingham, AL
PRICE per Pound
3-5 Days
Quantity of 1,500 gallons: $0.1960 lb.
Quantity of 2,000 gallons: $0.1660 lb.
Quantity of 2,500 gallons: $0.1470 lb.
Quantity of 3,000 gallons: $0.1355 lb.
VAN WATERS & ROGERS Mobile, AL
PRICE per Pound
5-7 Days
Quantity of 1,500 gallons: $0.235 lb.
Quantity of 2,000 gallons: $0.185 lb.
Quantity of 2,500 gallons: $0.16 lb.
Quantity of 3,000 gallons: $0.145 lb.
BETZ DEARBORN, Slidell, LA
JONES CHEMICAL, Mobile, AL
It is recommended to accept the low bid of INDUSTRIAL CHEMICALS, Birmingham, AL With all speciticatlons being
met.
Dan McCrory Wayne Smith,
Water & Sewer Dept. Purchasing Agent
COUNCILMEMBER JONES MOVED TO ACCEPT THE LOW BID OF
INDUSTRIAL CHEMICALS, BIRMINGHAM, ALABAMA PROVIDED ALL
SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER QUINN, MOTION
PASSED UNANIMOUSLY.
2359
3 SEPTEMBER 1999
Identification: MULTI -PURPOSE TRAIL - SECTION STREET
Bids opened on: September 9, 1999
at: 2:00 p.m.
VENDOR:
TOTAL PRICE:
START
DATE:
SUNSET NURSERY, Mobile, AL
$78,295.00
McILWAIN CONSTRUCTION, Mobile, AL
$105,797.25
ROBINSON CONTRACTING CO., Mobile, AL
$145,611.45
AMMONS & BLACKMON, Spanish Fort, AL
$145,871.75
M. C. WILLIAMS, Mobile, AL
$155,896.50
C. THORNTON, INC., Mobile, AL
$165,569.50
TAYLOR SERVICES, Calvert, AL
$200,128.05
It is recommended to accept the low bid of SUNSET NURSERY, Mobile, AL for the total price of $78,295.00. All
specifications have been met.
Tim Kant,
Public Works Supt.
Wayne Smith,
Purchasing Agent
COUNCILMEMBER JONES MOVED TO ACCEPT THE LOW BID OF
SUNSET NURSERY, MOBILE, ALABAMA PROVIDED ALL SPECIFICATIONS ARE
MET. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED
UNANIMOUSLY.
COUNCILMEMBER QUINN INTRODUCED IN WRITING, AND MOVED FOR
THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY
COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY.
2360
13 SEPTEMBER 1999
RESOLUTION NO. 659-99
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA,
THAT ALL BILLS PRESENT ARE APPROVED FOR PAYMENT; AND,
BE IT FURTHER RESOLVED, THAT THE 1 998-99 BUDGET SHALL BE AMENDED TO
TRANSFER $ 1 22,000.00 FROM THE GOW '99 BOND ISSUE TO THE GENERAL FUND
FOR WORK COMPLETED AT THE FOUNDERS PARK.
ADOPTED THIS 1 3T~ DAY OF SEPTEMBER , 1999.
NIX, MAYOR
ATTEST:
GENIECE W. JOHNSON ITY CLERK
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL THE
MEETING WAS DULY ADJOURNED AT 7:02 PM P.M.
AJAS P. tx, MAYOR 000r
GENIECE W. JOHNSO , CITY CLERK