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HomeMy WebLinkAbout02-13-1978 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope, Alabama, met in regular session on Monday, February 13, 1978, at 7:00 P.M., at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama with the following members present: Mayor James P. Nix; Councilmen: David E. Bishop, Henry G. Bishop, Sam E. Box, Jack A. Stipes and Billy Don Wiggins. The Minutes of the January 23, 1978 meeting were approved. This being the date set .for the public hearing on the re- zoning of the Amos Wagner property from R-4 High Density Multi -Family Dwellings to B-4 Business and Professional Offices the hearing was called to order. Mr. Carlton Niemeyer was present to represent Mr. Wagner's request for rezoning. Mr. Don Palamore of Edwards Avenue came before the Mayor and Council and stated that he represented nine (9) families who were opposed to the rezoning and stated that they, had attend- ed three meetings in the last six years opposing the rezoning Councilman Sam E. Box informed members of the Council that the Planning Commission has recommended denial of the applica tion. Mr. Carlton Niemeyer requested that the minutes reflect that he cited Section 7.52 of the City of Fairhope Zoning Ord- inance No. 557 adopted August 11, 1975. Councilman Sam E. Box moved, seconded by Councilman Jack A. Stipes, to deny the re -zoning request of Mr. Amos Wagner. Motion carried. This being the date set for the public hearing on Ordinance No. 608 AN ORDINANCE TO AMEND THE CITY OF FAIRHOPE ZONING ORDINANCE NO. 557, ADOPTED AUGUST 11TH, 1975, by amending Section 4.2 thru 4.6 ( residential zoning ). There was no one present at the hearing in opposition to the amendment to the Zoning Ordinance. Councilman Henry G. Bishop moved to introduce Ordinance No. 608, an Ordinance to amend section 4.2 thru 4.6 of the City of Fairhope Zoning Ordinance No. 557. Councilman David E. Bishop moved, seconded by Councilman Billy Don Wiggins for final adoption of Ordinance No. 610; AN ORDINANCE TO ESTABLISH METER DEPOSITS FOR ALL ELECTRIC USERS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRHOPE, ALABAMA. Motion carried. Councilman Sam E. Box moved, seconded by Councilman Jack A. Stipes for final adoption of Ordinance No. 611, AN ORDINANCE TO ESTABLISH GAS DEPOSITS FOR ALL GAS CUSTOMERS OF THE CITY OF FAIRHOPE, ALABAMA.. Motion carried. Councilman Sam E. Box moved, seconded by Councilman Jack A. Stipes for final adoption of Ordinance No. 612, AN ORDINANCE TO ESTABLISH WATER DEPOSITS FOR ALL WATER CUSTOMERS OF THE CITY OF FAIRHOPE, ALABAMA. Motion carried. Councilman David E. Bishop moved, seconded by Councilman Jack A. Stipes for final adoption of Ordinance No. 613; AN ORDINANCE TO REQUIRE ALL ELECTRICAL j''OP.jK DOLI:E WI,THIJT,.�-THE Fairhope City Council Minutes for Meeting February 13, 1978 Page No. 2 CITY LIMITS OF FAIRHOPE TO HAVE A PERMIT ISSUED BY THE BUILDING INSPECTOR. Motion carried. Councilman Jack A. Stipes told Council members that he had spoke with Mrs. Mixson regarding the drainage on Pecan Street and that he was going to get with her and report back to the Council. The matter of advertising public notices with all three of the newspapers ( Eastern Shore Courier, Mobile Press ?Register and The Ind_,e+pendent ) was discussed by the Mayor and Council. Councilman Henry G. Bishop requested that all three of the newspapers submit letters to the Council ex- plaining what their charges are with the rates on a seperate sheet by the February 27, 1978 meeting. Councilman Sam E. Box moved, seconded by Councilman David E. Bishop, for the City to advertise for bids on selling the old duplicating machine. Motion carried. This being the date set for the opening of bids on Liability) Insurance for City Officials the following bids were received: BAUMHAUER CROOM 1,461.00 ( Million Dollar Coverage ) PITMAN REALTY 1,607.00 Councilman Henry G. Bishop moved, seconded by Councilman Billy Don Wiggins, for the City to accept the lowest__bid for million dollar coverage for each Councilman with coverag to begin immediately. Motion carried. The Mayor and Council discussed the merits of a general 2 % sales tax, along with the increasing costs of electrici Councilman Henry Bishop moved to introduce the following Ordinance : ORDINANCE NO. 6 WHEREAS, The City of Fairhope has experienced a wholesale rate increase of 21.7 % and, WHEREAS, It was necessary for the City to have a electric study made to determine what adjustments would have to be made in the retail rate; and, WHEREAS, In addition to the electric rate increase the electrical department had an unusual capital improvement expenditure on the electric system during 1977 of $ 76,617.52 which has to be re- covered, and; WHEREAS, On January 27, 1978 a $ 64,707.54 refund was made to the City of Fairhope by Alabama Power Company and a motion was made on March 28, 1977 to refund this amount to the retail customers by the City Council, and; Fairhope City Council Minutes for meeting February 13, 1978 Page No. 3 WHEREAS, The City Electrical Consultant Engineer recommends that the refund be used to offset the unusual capital expenditure so that the electric rate need not be further increased to reflect this expense; NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, that the motion that with reference to the refund dated March 28, 1977, be recinded, and be it further Ordained that the Electric Rates as outlined in the electrical rate study dated February 1, 1978, be adopted. ADOPTED THIS THE DAY OF 1978. MAYOR ATTEST: CI CL Councilman Sam E. Box moved, seconded by Henry G. Bishop, that all rules governing the Council, which might unless suspended, prevent the passage and adoption of this Ord- inance to recind the motion with reference to the refund dated March 28, 1977 and adopt the electric rates as out- lined in the electric rate study dated February 1, 1978, be and the same are hereby suspended, for the purpose of said Ordinance to be finally passed and adopted at this meeting. Upon being put to vote the following vote was recorded: AYES: Henry G. Bishop, Sam E. Box, Jack A. Stipes and Billy D. Wiggins. NAYES: David E. Bishop. The Ordinance was held over for final adoption until the February 27th, 1978 meeting of the Council. Mr. Don Sutherland of Baldwin County Electric Membership Corporation came before the Mayor and Council to present a gross revenue tax check in the amount of $ 1,816.26 representing the gross revenues of the customers of Baldwin County EMC in the City and Police Jurisdiction. Mr. Suther- land introduced Mrs. Beverly Jennings, a new member of the Baldwin E.M.C. Board to the Mayor and Council who presented the check to Mayor Nix. City Council P t. or 2-13-78 Page No. 4 Councilman Henry G. Bishop moved, sceonded by Councilman Jack A. Stipes for the introduction and adoption of the following Resolution. Motion carried. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, that in place of a cash utility deposit a receipt from a participating bank or savings and loan stating that a restricted savings account had been opened by said depositoz to guarantee payment of the depositors deliquent or final unility bill up to the amount in the account upon demand by the City, providing proper notice being given to depositor and proof of debt. All existing customer deposits will be refunded upon present- ation of a receipt from a participating bank or savings and loan as outlined above. BE IT FURTHER RESOLVED, that the City of Fairhope will not pay any interest on any utility deposit left with the City or made to the City in the future. ADOPTED THIS THE_�,5 DAY OF ,a , 1978 E Fairhope City Council Minutes for meeting February 13, 1978 Page No. 5 Mr. Leslie L. Bung, Chief of the Fairhope Volunteer Fire Department presented a letter to the Mayor and Council requesting Car 10 of the Fairhope Police Department be given to the Fairhope Volunteer Fire Department for official business. This letter shall become a part of these minutes. Councilman Jack A. Stipes moved, seconded by Councilman Sam E. Box, for the City to turn Car 10 over to the Fire Depart- ment for their use on official business. Motion carried. Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes, for the City to place No Parking Signs on the south side of Laurel Street from Mobile Avenue to Satsuma', Street and see that the signs are enforced. Motion carried. Mayor Nix told Council members of a request to further extend) the water lines that are being run on U.S. 98 N to take in Crawford Beverages new warehouse and that they had agreed to pay for the cost of materials.used in this project. Councilman Sam E. Box moved, seconded by Councilman Jack A. Stipes to extend the 8" water line further on U.S. 98 N, to take in Crawford Beverages new warehouse, with them to pay for the cost of all materials and let W.R. Mitchell Contractor continue with the work. Motion carried. Councilman Henry G. Bishop moved, seconded by Councilman Billy Don Wiggins, for the City to hire Evelyn Phillips as the City Accountant at a salary of $ 950.00 per month for the first six months and $ 1,000.00 per month after the first six months. Motion carried. The application of Joseph Fram for a Beer, Liquor and Club License was presented. It was held over for action until the February 27, 1977 meeting. Councilman Billy Don Wiggins moved, seconded by Councilman Jack A. Stipes for the City to go out on bid for a utility shed behind the existing warehouse building one bid on a 50 x 100 ft. building and another quote on a 50 x 150 ft. building. Motion carried. Councilman Henry G. Bishop moved to introduce the following Ordinance: ORDINANCE NO. 6 / ,AN .ORRINAN.CE TO AMEND ARTICLE 6, SECTION 2 OF ORDINANCE NO 593, OF THE " PERSONNEL RULES AND REGULATIONS it BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: That Article 6, Section 2 of Ordinance No. 593 be, and the same is hereby repealed. That Article 6, Section-2.-,of Ordinance No. 593 of the Personnel Rules and Regulations read as follows: Fairhope City Council Minutes for February 13, 1978 Page No. 6 SECTION 2. GROUP HEALTH TNSuRANCE Premiums paid for employee in full by the City of Fairhope. The employee of the City of Fairhope shall have the option to have his family covered by Group Health Insurance at the employee's expense, and upon the employee notifying the City Clerk of his intent to have his family covered, he shall give to the City Clerk the authority to deduct the same from his pay check each pay period. This amendment shall not be retroactive and all employees covered under Article 6, Section 2, be, and the same shall remain as is. This Ordinance shall take effect upon its due adoption a publication as required by law. ADOPTED THIS THE DAY OF 1978. ATTEST: CI CLERK James P. Nix, Ma Under old business, Councilman Jack A. Stipes told Council members that he and General Superintendent have looked into the location of the sign for handicapped parking at Beasley's Nursing Home as per their request and that they felt the best location would be the north east corner of Church Street and Morphy Avenue. Mr. Stipes also told Council members tha- he will be meeting with the hospital board regarding their request for the City to widen Ingleside Avenue by the hospital and will report back at the February 27, 1978 meeting of the Council. Councilman Jack A. Stipes moved, seconded by Councilman David E. Bps to pay the bills as presented. Motion carried. ,���oh n� This being the date set for the public hearing on Ordinance No. 609; AN ORDINANCE TO ZONE PADDOCK ESTATES AND THE NEWLY ANNEXED ROBERT BERGLIN PROPERTY R-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL AS STATED UNDER THE NEW R-3 REQUIREMENTS IN SECTION III OF ORDINANCE NO. 608; AND TO REZONE FROM R-2 TO R-3 THE. PROPERTY OF J. RUSSELL KILGORE; the hearing was called to order. There was no one present at the hearing to oppose Ordinance No. 609. Councilman Sam E. Box moved to introduce Ordinance No. 609; an Ordinance to zone Paddock Estates and the Robert Berglin property R-3 under the new requirements as set forth in Ordinance No. 608, and re -zone from R-2 to R-3 the property of J. Russell Kilgore. There being no further business on a motion duly made, seconde, and carried, the 7mee'ng adjourned. i r ORDINANCE NO. fp/ AN ORDINANCE TO ESTABLISH METER DEPOSIT FOR ALL ELECTRIC USERS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAIRHOPE, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: SECTION 1. There is hereby established an electrical meter deposit for all individual users of Seventy -Five Dollars ($75.00). SECTION 2. There is hereby established for electrical deposit for all industrial and commercial users as follows: 1. 200 amp single phase service $ 300.00 2. 200 3 $ 500.00 3. 400 11 11 if $1,000.00 4. 600 V1 V1 if $1,500.00 5. 800 " of " " $2,000.00 6. 1000 $2,500.00 SECTION 3. All tenants or lessees must produce either a Social Security Card Number or Driver's License Number at the time of making the meter electrical deposit as hereinabove set out. SECTION 4. All deposits will be paid by cash or check. SECTION 7. All Ordinances in conflict herewith be, and the same are hereby repealed. SECTION 8. There is hereby allowed a transfer of an electrical meter deposit from one location to another within the corporate -limits of the City of Fairhope, if the customer's bill is in good standing at the time of the request for transfer. SECTION 9. This. Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE / DAY OF , 1978. ATTEST: CITY C J P. NIX, MAYOR ORDINANCE NO. 4 / / AN ORDINANCE.TO ESTABLISH GAS DEPOSITS FOR ALL GAS CUSTOMERS OF THE CITY OF FAIRHOPE, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: SECTION 1. There is hereby established a gas deposit for gas meters of Fifty Dollars ($50.00) for all gas customers served by the City of Fairhope. SECTION.2. All tenants or lessees must produce either a Social Security Card or Driver's License at the time of making such gas meter deposit. All meter deposits will be made by cash or check. SECTION 3. All Ordinances in conflict herewith be, and the same are hereby repealed. SECTION 4. This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE DAY OF ��%� ,f ,> , 1978. ATTEST: ...v/ AA�� CITY CLPK JAMES . NIX, MAYOR 7 ORDINANCE NO. ' / AN ORDINANCE TO ESTABLISH WATER DEPOSITS FOR ALL WATER CUSTOMERS OF THE CITY OF FAIRHOPE, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: SECTION 1. There is hereby established a Water Deposit of Twenty Dollars ($20.00) for all water users of the City of Fairhope, Alabama. SECTION 2. All tenants or lessees making deposits hereunder must produce either a Social Security Card number or Drivers License number at the time of making such Water Deposit. All Dep will be made by cash or check. SECTION 3. All Ordinance in conflict herewith be, and the same are hereby repealed. SECTION 4. This Ordinance shall take.effect upon its due adoption and publication as required by law. ADOPTED THIS THE / DAY OF 1978. ATTEST: e4t ERA DAME NIX, )s ii