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