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HomeMy WebLinkAbout09-11-2000 Regular Meeting2533 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; 161 North Section Street, Fairhope, Alabama 36532; on Monday, 11 September 2000. Present were Mayor James P. Nix, Councilmember: John V. Duck, Michael A. Ford, Debbie W. Quinn, Jeanette Puckett, and 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 Duck moved to approve minutes of the 28 August 2000, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. The Dogwood Trail Maids presented the Council with a new picture for a replacement in the Civic Center Lobby. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance 557. The proposed ordinance would zone Hank Miner's property from R2-Single Family to B-4 Business and Professional Office, located at 401 Fairwood Blvd. Mr. Miner requested that the City Council reconsider the Planning and Zoning Commission's recommendation to deny the zoning change. Several neighbors expressed opposition of the re -zoning of this property. After further discussion Councilmember Duck moved to table the request until the new Comprehensive Plan was received. This motion died for lack of a second. Councilmember Quinn moved to deny the zoning change. Seconded by Councilmember Ford, motion to deny the zoning change 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 557. Councilmember Puckett introduced in writing a proposed ordinance to zone Shirley Ann Bosby's property from R1- Single Family Residential to 132-General Business, located on the West side of Greeno Road just North of The Biscuit King. Mr. Carlton Niemeyer addressed the City Council and verbally requested a zoning change of B-4 Business and Professional District instead of 132-General Business. Mr. Niemeyer also presented a petition of surrounding property owners in favor of the zoning change. Christopher Baker stated that Mr. Niemeyer verbally requested a zoning change of B-4 Business and Professional District during the Planning and Zoning meeting. The Planning & Zoning Commission recommends denial of this ordinance. After further discussion, Councilmember Puckett moved to layover the proposed ordinance for final consideration at the next regular Council meeting. 11 September 2000 2534 A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance 557. Councilmember Duck introduced in writing Ordinance No. 1092. An ordinance to rezone Benjamin Manifold's property from RA -Residential Agriculture to R1-Single Family, located just South of Windmill Road, West of County Road 27. The Planning & Zoning Commission recommends approval of this ordinance. 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 Duck then moved for final adoption of Ordinance No. 1092. 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 Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Puckett, motion passed unanimously. RESOLUTION NO. 710-00 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the City of Fairhope elects to come under the provisions of Section 2 of Act 809 of the regular session of the 2000 Legislature. The City of Fairhope agrees to provide all funds necessary to the Employee's Retirement System to cover the cost of the increase as provided for by said Act for those eligible employees who participated in the Employees' Retirement System of Alabama and retired from the City of Fairhope or their eligible beneficiaries with the aforementioned increase being effective with the October 2000 benefit payments. 'ADOPTED THIS 11T" DAY OF SEPTEMBER, 2000. oe� Ja es . Nix, Mayor Attest• &A, Geniece W. Johnson, Oi Clerk I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 710-00 passed, approved, and duly adopted on 11th September 2000. Geniece W. Johnson, City Clerk Date 11 September 2000 2535 Councilmember Jones introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Quinn, motion passed unanimously. RESOLUTION NO. 711-00 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that the City of Fairhope elects to come under the provisions of Section 6 and 7 of Act 809 of the regular session of the 2000 Legislature. The City of Fairhope agrees to provide all funds necessary to the Employee's Retirement System to cover the cost of the increase as provided for by said Act for those eligible pensioners and beneficiaries of pensioners who retired from the City of Fairhope with the aforementioned increase being effective with the October 2000 benefit payments. ADOPTED THIS 1 lth DAY OF SEPTEMBER, 2000. la" A. Ja s P. Nix, Mayor Attest: I, Geniece W. Johnson, City Clerk of the City of Fairhope, Fairhope, Alabama, hereby certify that the foregoing is a true and correct copy of Resolution No. 71100 passed, approved, and duly adopted on 11`h September 2000. Geniece W. Johnson, City Clerk Date 11 September 2000 2536 Councilmember Ford introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Jones, motion passed unanimously. RESOLUTION NO. 712-00 WHEREAS, The owners of River Mill Subdivision Unit II desire to have the streets and utilities accepted for maintenance by the City Council. 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 Engineer's 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 II has been filed in the Probate Records of Baldwin County, Alabama as Slide Number S-1784A and indicates the streets as dedicated to the public; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 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 11th day of September 2000. Ja s P. Nix, Mayor ATTEST: Geniece Johnson, Cit erk 11 September 2000 2537 Council reviewed an application for a Restaurant Liquor License by William J. Cannon, dba Boom City Cafe, located at 42 Y2 South Section Street, Fairhope, Alabama. Councilmember Duck 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 Coy LeBeau, dba LeBeau's, Located at 104 North Section Street, Fairhope, Alabama. Councilmember Jones moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Duck moved to grant the request of Robert L. Sully to block off one city block of Bayview Avenue, between Powell and Blakeney, on Saturday, 25 November 2000, from 2:00 p.m. to 9:00 p.m. for safety reasons during a wedding. Seconded by Councilmember Ford, motion passed unanimously. Councilmember Ford moved to update the Volunteer Fire Department Roster by adding Lee Cunningham, and by deleting Kevin Carnley. Seconded by Councilmember Jones, motion passed unanimously. Councilmember Jones, Chairman of the Street Committee, and his committee reported and he moved to grant the request of Buddy Odom to place 4-way stop signs at the corner of Cottage Drive and Spring Run Road. Seconded by Councilmember Quinn, motion passed unanimously. 11 September 2000 Identification: LIGHTING -FOUNDERS PARK Bids to be opened on: August 31, 2000 Time: 11:00 a.m. (Li ht Fixtures for Founder's Park MAYER ELECTRIC SUPPLY, $23,175.00 Dothan, Alabama 15-Days HUBBELL FIXTURES #SLS-1500H GRAYBAR ELECTRIC, $23,355.00 Mobile, Alabama 21-Days HUBBELL FIXTURES #SLS-1500H MATHES OF ALABAMA, $24,100.00 Daphne, Alabama 15-20 Days HUBBELL FIXTURES #SLS-1500H MAGNOLIA ELECTRIC $24,157.00 Fairhope, Alabama 15-Working Days HUBBELL FIXTURES #SLS-1500H HATFIELD UTILITY SPECIFICATIONS NOT MET Fairhope, Alabama 120-Days $26,100.00 COOPER IND. #KSL99MWW44 MAYER ELECTRIC SPECIFICATIONS NOT MET Dothan, Alabama 15-Days $18,450.00 AMERICAN ELECTRIC #$F15HMT6 MAGNOLIA ELECTRIC SPECIFICATIONS NOT MET Fairhope, Alabama $22,105.27 15-Working Days Lithonia Lighting #TSP 1500M CAPSTONE UTILITY SPECIFICATIONS NOT MET Dothan, Alabama 7-14 Days $16,920.00 AMERICAN ELECTRIC #$F15HMT6 POWER & TELEPHONE NO BID Memphis, Tennessee is recommended to accept the low bid of MAYER ELECTRIC SUPPLY, Dothan. Alabama for the total It p $23,175.00 with all specifications being met. Aaron Norris, Electrical Supt. Wayne Smith, Purchasing Agent 2538 price of Councilmember Ford moved to accept the low bid of Mayer Electric Supply, Dothan Alabama, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimously. 11 September 2000 2539 Councilmember Duck moved to pay bills as presented. Seconded by Councilmember Quinn, motion passed unanimously. There being no further business, Mayor Nix adjourned the meeting at 6:02 p.m., until 10:00 a.m., Wednesday, September 13th, in the Council Chamber, at which time the Council will canvass the results of the 2000 Municipal Run-off Election, to be held on Tuesday, September 12cn 13 September 2000 The City Council of the City of Fairhope, Alabama, reconvened in regular session on Wednesday, 13 September 2000, at 10:00 o'clock a.m., in the Council Chamber, 161 North Section Street. Present were Mayor James P. Nix, Councilmember: John V. Duck, Michael A. Ford, Debbie W. Quinn, Jeanette Puckett and William H. Jones; and City Clerk Geniece W. Johnson. Absent was City Attorney Marion E. Wynne. Council reviewed the results of the previous day's Municipal Run-off Election. Councilmember Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilmember Ford, motion passed unanimously. 11 SEPTEMBER 2000 2540 CANVASS RESOLUTION Resolution No. 713 _00 WHEREAS, the Municipal Run-off Election for the City of Fairhope was duly and legally held on Tuesday, 12 September 2000, as provided by law; and, WHEREAS, the Municipal governing body of the City of Fairhope met on this 13th day of September, 2000, all members thereof being present, at 10:00 o'clock a.m. and has canvassed the returns, and has ascertained and determined the number of voters received by each candidate; and, WHEREAS, the said municipal governing body has ascertained and determined the result of said election as follows: CANDIDATE BOX BOX BOX ABSENTEE CHALLENGE TOTAL 01 #2 .93 RnY # d Vntvrc All VntPrc FOR PLACE NO. 2 PAULINE ANDERS 487 865 366 94 1812 ARTHUR (BOB) MANNICH 374 574 308 60 1316 FOR PLACE NO.5 BOB GENTLE 436 794 358 99 1687 LAWRENCE (LARRY) THOMAS 423 638 311 53 1425 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, as follows: 1. THAT PAULINE ANDERS received a majority of the votes casted for the office of Councilmember PLACE NO.2 and is hereby declared duly elected to that office for the term beginning 2 October 2000. 2. THAT BOB GENTLE received a majority of the votes casted for the office of Councilmember PLACE NO. 5 and is hereby declared duly elected to that office for the term beginning 2 October 2000. REGISTERED VOTERS 8,904 TOTAL VOTERS 3,128 PERCENTAGE 35% 13 SEPTEMBER 2000 Attest: VInieceW. ohnson, C Clerk ADOPTED THIS 12T" DAY OF SEPTEMBER, 2000. P. Nix, Mayor Councilmember `" '' Meeting was duly adjourned at 10:03 a.m. 2541 / l 1 , / �' , VZ Z ame P. Nix, Mayor Geniece W. Johnson, Cit Clerk