SPANISH FORT, Ala. — Developers of the Audubon subdivision are free to proceed selling lots to prospective homeowners after the City Council agreed Monday to accept five streets in the idle development for maintenance.

Bentley Oaks LLC’s request that the city assume responsibility for the streets in question was approved in a 4-2 vote with District 1 Councilman Dennis Dismuke and District 4 Councilman Tom Sawyer opposing the measure.

Dismuke objected to the “awfully high liability we’re accepting,” considering the 70-lot subdivision stalled because of the national economic downturn and has set relatively untouched for the past five years.

The Audubon developers are anxious to move forward because they have contracts on 14 lots if the street-maintenance issue can be resolved.

City Attorney David Conner said during the work session preceding Monday’s regular meeting that Bentley Oaks did produce documentation of both an original two-year maintenance bond for the work secured in October. He said it has offered a current two-year, 125 percent bond on repairs conducted to date on the streets in question, as well as a good-faith 2.5 percent bond for work not yet completed within the development, secured through Mitchell Co.’s Bermuda-based captive bonding company, Challenger Ltd.

Although Building Official Bruce Renkert located the project’s original as-built drawings, Dismuke objected to the lack of documentation for the repairs on the streets the city was being asked to accept. He cited Article 3 of the city’s subdivision regulations in his objection.

Mitchell Co. Executive Vice President Chuck Stefan, who also represents Bentley Oaks, said his firm could certainly produce the proof Dismuke sought, and the motion was amended to include production of said material.

In other business the council:

• Removed an abatement of public nuisance resolution from consideration after determining that resident William Stanford has satisfied all original complaints levied against his Wayside Drive property. Renkert said Monday’s final inspection revealed all of the roughly one dozen unlicensed vehicles drawing ire from neighbors had either been moved or properly stored. “Some of the junk out of the vehicles is still there, but that stuff wasn’t on the original list of concerns,” Renkert said.

• Approved unanimously a resolution authorizing the budgeted expenditure of $19,500 to the Eastern Shore Chamber of Commerce to “advertise and promote the city and keep the city informed of commercial and business activities.”
• Citing the hazardously dry conditions, approved unanimously an ordinance prohibiting the shooting of fireworks “by any means” during the Fourth of July holiday period.
• Mayor Pro Tem Mike McMillan encouraged support of the volunteer Spanish Fort Fire-Rescue because year-to-date only 21 percent of residents and 18 percent of business owners have contributed monetarily to the public service.
• “We are extremely fortunate to have (this department),…and (donations) will keep our city a safe place,” McMillan said.
• Announced City Hall will be closed July 4 in observance of the Fourth of July holiday with offices reopening at 8 a.m. July 5.
• Announced the next regular City Council meeting will be held at 6 p.m. in the Spanish Fort United Methodist Church fellowship hall.