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HomeMy WebLinkAbout05-09-1994 Regular Meeting1555 STATE OF ALABAMA 0 COUNTY OF BALDWIN 0 The City Council, City of Fairhope, met in regular session at 5:30 pm; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, Alabama 36532; on Monday, 9 May 1994. Present were Mayor James P. Nix; Councilmembers John V. Duck, Michael A. Ford, David E. Bishop, Jeanette Puckett, and Layton Overstreet; City Attorney Marion E. Wynne and City Clerk Evelyn Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 25 April 1994 regular session were duly approved. Before the meeting continued, Mayor Nix was surprised by State Representative Ken Kvalheim, who presented him with the following resolution: STATE OF ALABAMA HOUSE OF REPRESENTATIVES RESOLUTION NO. HJR 148 By Representatives Kvalheim and Gaston CONGRATULATING MAYOR JAMES P. NIX, SR., OF FAIRHOPE, ALABAMA, ON HIS APPOINTMENT TO THE BOARD OF DIRECTORS OF THE NATIONAL LEAGUE OF CITIES WHEREAS, the Alabama Legislature notes, on this auspicious occasion, that the Honorable James P. Nix, Sr., of Fairhope, Alabama, was recently elected to the Board of Directors of the National League of Cities at the League's annual Congress; and WHEREAS, Mayor Nix has served on numerous positions of leadership such as President of the Alabama League of Municipalities, Chairman of the Alabama Coastal Area Board, Chairman of the Board of the Alabama Municipal Electric Authority; and WHEREAS, Mayor Nix also contributes his time and energies to serving on the Transportation and Communication Policy Committee of the National League of Cities and the Alabama League of Municipalities Transportation and Commun- ication Committee; is a member of the Board of Directors of Colonial Bank, and Gulf Region; and ser.vesas Chairman of the Fairhope Board of Directors of Colonial Bank; and WHEREAS, Mayor Nix's community and civic involvement and contributions notwithstanding, he has not neglected his commitment to his family; he and his wife, the former Anne DeLorme-Peele are the proud parents of three children, James P. Nix, Jr., Vicky Cook and Susan Tillman, and the grand- parents of nine grandchildren; now therefore 9 May 1994 1556 (Resolution continued) BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That we congratulate Mayor James P. Nix, Sr., of Fairhope, Alabama, on his election to the Board of Directors of the National League of Cities and wish him the best in his new endeavors and responsibilities. BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to Mayor James P. Nix, Sr. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the GREAT SEAL of the State of Alabama to be affixed by the (Seal) Secretary of State at the Capitol in the City of Montgomery on this the 25th day of February, 1994. s/ JIM FOLSOM s/ JIM BENNETT Governor Secretary of State The Public Hearing (final protest meeting) for the 1993- 1994 Public Improvements Assessments Project was held as ad- vertised. No written objections were received and, although not required, Mayor Nix invited any comments from the audience. There was no response. Councilman Bishop therefore introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: (Res. No. 448-94 follows on the next three pages.....) 9 May 1994 1SS7 RESOLUTION NO. �0- A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESS- MENTS FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 926 AS MODIFIED, AMENDED, AND CONFIRMED BY ORDINANCES 930 AND 935 AND ASSESSING THE COST OF SAID IMPROVE- MENTS UPON THE PROPERTY SPECIALLY BENEFITED THEREBY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: SECTION 1. That upon evidence duly presented to and considered by it, the City Council does hereby make a finding and determination of the following: (a) The City Council of the City of Fairhope adopted an ordinance on, to -wit, the 11th day of March, 1993, entitled "IMPROVEMENT ORDINANCE NO. 926: AN ORDINANCE TO PROVIDE CERTAIN STREET AND SANITARY SEWER IMPROVEMENTS IN ROCK CREEK, A PLANNED UNIT DEVELOPMENT; WOODLANDS AT FAIRHOPE AND GREENBRIER SUBDIVISIONS; ESTELLA DRIVE; AND COLONIAL ACRES SUBDIVISION - MEC PROJECT NO. 1475-001"; and, on the 29th day of March, 1993, amended, modified, and confirmed said ordinance by ORDINANCE NO. 930, which deleted the improvements for Colonial Acres Subdivision; and, on the 26th day of April, 1993, amended said ordinance further by correcting some typographical errors thereby rendering the require- ments of said ordinance compatible with the design criteria set out in the engineering plans and specifications for Rock Creek, a planned unit development, under ORDINANCE NO. 935 (b) Provision was made in Ordinance No. 926 for the assessing of the cost of said improvements against the property specially benefited thereby. (c) Ordinance No. 926 provided that said improvements should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of Moore Engineering Company where property owners who might be affected by said improvements could see and examine the same. (d) Ordinance No. 926 provided that the City Council would meet on the 29th day of March, 1993, at the City Administration Building in the City of Fairhope at 5:00 pm to hear any objections or remonstrances that might be made to said improvements, the manner of making the same, or the character of the materials to be used. (e) Ordinance No. 926 was published once a week for two consecutive weeks in the EASTERN SHORE COURIER, a newspaper of general circulation in the City of Fairhope, the first publication being made not less than two weeks prior to the 29th day of March, 1993. (f) A copy of Ordinance No. 926 was sent by Certified Mail, postage prepaid, to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notices having been so mailed more than ten days prior to 29 March 1993. (g) At a meeting of the City Council,held at the time and place duly fixed by published notice, all objections and protests were heard and considered and Ordinance No. 926 was duly modified, amended, and confirmed by Ordinance No. 930; and, on the 26th day of April, 1993, Ordinance No. 935 amended some typographical errors in Ordinance No. 926; and said improvements were finally ordered. r 9 May 1993 1SS8 Res. No. , Page 2. (h) Notice was given on the 3rd, loth, and 17th of April, 1993, by publication in the EASTERN SHORE COURIER, asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was received on the 26th day of April, 1993, and the City Council, as provided by law, did, on the 26th day of April, 1993, let the contracts to make such improvements to H.O. WEAVER & SONS, for Divisions "A" and "B", and to BRUNSON-NICHOLS CONSTRUCTION, for Division "C", the lowest re- sponsible bidders. (i) Said improvements have been constructed, completed and accepted in accordance with Ordinance No. 926, as amended, and the contracts. (j) The Mayor of the City of Fairhope has caused to be prepared an ASSESSMENTS ROLL BOOK showing the name of the property owners, a descrip- tion of each lot or parcel of land proposed to be assessed for such improvements and the amount proposed to be assessed against each of said lots or parcels of land; which was, on the 15th day of April, 1994, at least twenty days before the date of this meeting, delivered to the City Clerk and continuously thereafter kept on file and open for inspection in the office of the City Clerk, the person authorized to make collection of said assessments. (k) The City Clerk has given Notice by publication in the FAIRHOPE COURIER (formerly the EASTERN SHORE COURIER), a newspaper of general circulation in the City of Fairhope, in the issue of 16 April 1994, of this meeting and of the availability of said Assessments Roll Book. Copies of said Notice were also mailed by Certified Mail, postage prepaid, on the 15th day of April, 1994, to all property owners of record to be assessed. (1) The 9th day of May, 1994, 5:30 pm, at the Council Chamber, Fairhope Municipal Complex, was mentioned in the foregoing Notice as the time and place at which the City Council would meet to hear and determine any objections or defenses that might be made, in writing, to such assessments or the amounts thereof. (m) The following objections or defenses to the proposed assessments against said property or the amounts thereof have been filed in writing with the City Clerk, to -wit: No written objections were received from any of the property owners. Although not required, Mayor Nix asked if anyone present wished to speak on this matter. There was no response. 9 May 1994 1559 Res. No. 090 1 Page 3. (n) The City Council has heard and passed upon all of said objections and protests under the rules and regulations heretofore adopted, made and provided for by the Council in such cases. SECTION 2. That the amount of the assessment against each lot or parcel of land described and included in said ASSESSMENTS ROLL BOOK be and the same is hereby fixed; in accordance with Ordinance No. 926 as amended, modified, and confirmed in Ordinances No. 930 and 935; in the amounts set out in said ASSESSMENTS ROLL BOOK. SECTION 3. That it is ascertained by this Council and determined and so adjudged that the cost of constructing said improvements is $3,563,606.00 and that the total amount assessed against all the property by this resolution does not exceed the total cost of said improvements, and is not in excess of the increased value of all such property by reason of the special benefits derived from such improvements, and that no charge assessed upon or against any lot or parcel of land is greater than the increased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all of the lots or parcels of land so assessed are located within the improved area and are included in said assessment. SECTION 4. That the names of the property owners, a description of each lot or parcel of land assessed, and the amount of such assessment are hereby determined, adjudged, and fixed as per the 1993-1994 PUBLIC IMPROVEMENT ASSESSMENTS ROLL BOOK. ADOPTED THIS DAY OF 1994. Tames Pa Nix, Mayor Attest Councilman Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Overstreet, motion passed unanimously: 9 May 1994 1S60 RESOLUTION NO..4-1* WHEREAS, THE FAIRHOPE CITY COUNCIL HAS CONCERNS ABOUT THE DECISION'S TO REZONE PROPERTY ON TENSAW RIVER FOR INDUSTRIAL DEVELOPMENT; AND WHEREAS, THE FAIRHOPE CITY COUNCIL FEELS THAT PRIOR TO AN AREA AS LARGE AS THIS BEING REZONED FOR INDUSTRIAL DEVELOPMENT THAT AN ENVIRONMENTAL IMPACT STUDY SHOULD BE CONDUCTED TO DETERMINE THE EFFECTS THAT THIS WOULD HAVE ON OUR ENVIRONMENT. NOW THEREFORE, BE IT RESOLVED, THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF FAIRHOPE BE AUTHORIZED TO SUBMIT THIS REQUEST TO THE COUNTY COMMISSION AND STATE LEGISLATURE FOR THEIR IMMEDIATE ATTENTION. ADOPTED THIS THE DAY OF MAY, 1994. P. NIX, MAYOR ATTEST: zo VELYN PHILLIPS, CIT&CR Councilman Duck moved for final adoption of Ordinance No. 958, an ordinance regulating Building Site Debris, which was introduced at the 25 April 1994 regular session. Councilman Ford seconded the motion which passed unanimously. Council reviewed a written request from the Eastern Shore Health Care Center asking permission to close off Church Street from St. James to Morphy Avenue, on Thursday, May 12th, for a celebration in honor of National Nursing Home Week. Their celebration would consist of games, wheelchair races and relays. Councilman Overstreet moved to approve the request. Seconded by Councilman Bishop, motion passed unanimously. 9 May 1994 1561 Council discussed an application for a Restaurant Liquor License by Jimmy T. Barkley, Jr., dba IN SEASON Restaurant at 205 Fairhope Avenue. Two neighbors were present and asked about noise,about parking,and how the garbage would be handled. The restaurant's location was formerly Dr. Shepherd's office and, though zoned to allow a restaurant, no restaurant had been in that location before. After some discussion, Council- man Overstreet moved to hold the application over to the next regular session. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Duck nominated Alternate Joe Petties to complete the unexpired term of the late Cliff Goodletson on the Board of Adjustments & Appeals. There being no other nominations, Councilman Overstreet moved the nominations be closed and Mr. Petties be appointed. Seconded by Councilman Duck, motion passed unanimously. Council took the following action on bids: FOR 6" PVC PIPE - W&S DEPT. Vendor Cost per Foot Delivery Hughes Water Supply Mobile 1.89 Not stated Central Pipe Jackson, Ms 1.91 1 day Consolidated Pipe Mobile 1.64 10 days Davis Meter Supply Pensacola, F1 1.65 14 days G&C Waterworks Atwood, Tn 1.59 14 days Superior Pipe Birmingham No response It is recommended to accept the low bid of $1.59/ft by G & C Waterworks of Atwood, Tennessee. --W. Smith, Purch Agt --M. Rejczyk W&S Supt Councilman Duck moved to accept the low bid by G & C Waterworks, provided all specifications are met. Seconded by Councilman Bishop, motion passed unanimously. Due to the annual League of Municipalities convention being held on May 21-24 in Mobile this year, Councilman Overstreet moved to reschedule the next regular session from Monday, May 23rd to Wednesday, May 25th, same time and place. Seconded by Councilwoman Puckett, motion passed unanimously. Councilwoman Puckett moved to pay bills as presented. Seconded by Councilman Overstreet, motion passed unanimously. Councilman Duck moved to hear the following business not on the Agenda. Seconded by Councilman Ford, motion passed unanimously: 9 May 1994 1562 Councilman Bishop moved to have a special resolution of appreciation prepared and sent to the family of the late Cliff Goodletson. Seconded by Councilman Ford, motion passed unanimously. Mr. Stark Irvine, President of "Boys & Girls Club", invited the Mayor and Council to attend the grand opening of their new facility on Tuesday, May 10th. Meeting was duly adjourned at 6:00 pm. JamesJP. Nix, Mayor