Loading...
HomeMy WebLinkAbout10-14-1996 Regular Meeting1842 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; 16 I NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 14 OCTOBER 1996. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, JEANETTE PUCKETT, AND WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE AND CITY CLERK EVELYN P. PHILLIPS. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMAN DUCK MOVED TO APPROVE MINUTES OF THE 7 OCTOBER 1996 ORGANIZATIONAL SESSION AS WRITTEN. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING WAS HELD AS ADVERTISED ON THE REZONING REQUEST BY JAY AND MARY ANN LAPEZE CHANGING THEIR TWO LOTS, 103 & 105 NORTH CHURCH STREET, FROM R4 Low - DENSITY MULTI -FAMILY RESIDENTIAL TO B2 GENERAL BUSINESS. NO ONE PRESENT SPOKE IN FAVOR OF THE REZONING EXCEPT MRS. LAPEZE WHO ASKED THAT HER REMARKS, AND AN ACCOMPANYING MAP, BE PLACED ON THE RECORD. THIS INFORMATION HAS BEEN INSERTED AT THE CONCLUSION OF THIS SET OF MINUTES. ONE COUPLE, WHO DID NOT GIVE THEIR NAMES, STATED THEY LIVED BEHIND THE LAPEZE PROPERTY AND THEY WERE OPPOSED TO THE REZONING. THE PLANNING & ZONING COMMISSION RECOMMENDS DENIAL OF THE REQUEST. COUNCILMAN DUCK MOVED TO DENY THE REQUEST. SECONDED BY COUNCILMAN JONES, MOTION PASSED UNANIMOUSLY. COUNCILMAN BISHOP INTRODUCED IN WRITING THE FOLLOWING RESOLUTION, AND MOVED FOR ITS ADOPTION. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY: (RES. No. 540-96 ON NEXT PAGE...........) 1 4 OCTOBER 1996 1843 RESOLUTION NO. 540-96 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL (THE "COUNCIL") OF THE CITY OF FAIRHOPE, ALABAMA, (THE "CITY"), AS FOLLOWS: SEC. I . FINDINGS. THE COUNCIL HEREBY FINDS THAT THE FOLLOWING FACTS ARE TRUE AND CORRECT: (A) THE CITY IS IN THE PROCESS OF PLANNING THE DESIGN, CONSTRUCTION AND FINANCING OF WATER, SEWER, ELECTRIC AND RELATED UTILITIES IMPROVEMENTS IN THE CITY (THE "IMPROVEMENTS"): (B) THE CITY INTENDS TO ISSUE ITS UTILITIES REVENUE WARRANTS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE IMPROVEMENTS, AND IT IS EXPECTED THAT THE TOTAL PRINCIPAL AMOUNT OF THE WARRANTS OR LOANS WILL BE APPROXIMATELY $5,700,000, ALL OF WHICH THE CITY INTENDS TO BE REIMBURSED FROM PROCEEDS OF THE UTILITIES REVENUE WARRANTS (THE "WARRANTS"); © PRIOR TO THE ISSUANCE OF THE WARRANTS, THE CITY EXPECTS TO FINANCE THE LEGAL, ENGINEERING, ACCOUNTING AND CAPITAL IMPROVEMENTS COSTS OUT OF MONEYS IN THE GENERAL FUND OR IN ONE OR MORE ENTERPRISE FUNDS DEPENDING UPON AVAILABILITY OF CASH IN THE RESPECTIVE FUNDS; (D) THE CITY INTENDS TO REIMBURSE ITSELF FOR SUCH EXPENDITURES OUT OF PROCEEDS OF THE WARRANTS; AND (E) IT IS EXPECTED THAT THE WARRANTS WILL BE ISSUED WITHIN TWELVE MONTHS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION. SEC. 2. DESIGNATION. THE COUNCIL HEREBY DESIGNATES THE CITY CLERK AS THE REPRESENTATIVE OF THE CITY TO MAKE ANY FURTHER DECLARATIONS OF OFFICIAL INTENT UNDER THE INTERNAL REVENUE CODE OF 1 986 IN CONNECTION WITH THE CONSTRUCTION AND FINANCING OF THE IMPROVEMENTS. ANY SUCH FURTHER DECLARATIONS OF OFFICIAL INTENT SHALL BE FURNISHED TO THE COUNCIL AND MADE A PART OF THE OFFICIAL RECORDS AND MINUTES OF THE CITY. THIS RESOLUTION IS BEING ADOPTED PURSUANT TO THE REQUIREMENTS OF TREASURY REGULATIONS SECTION 1 .1 50-2(E). THIS DECLARATION OF OFFICIAL INTENT SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION AND SHALL BE SET OUT IN THE OFFICIAL RECORDS AND MINUTES OF THE CITY. ADOPTED THIS 14TH DAY OF OCTOBER, 1996. 1 1 4 OCTOBER 1 996 1844 MR. ACK MOORE, MOORE ENGINEERING COMPANY, REPORTED BY LETTER ON THE BID OPENING FOR THE NEW WATER WELL FACILITY. THERE WERE TWO BIDS, I_.AYNE-CENTRAL OF PENSACOLA, FLORIDA, AND GRINER DRILLING SERVICE, INC., OF SPANISH FORT. LAYNE-CENTRAL'S BID WAS $677,8 1 3.00, AND GRINER'S BID WAS 508, 100.00. MOORE RECOMMENDED ACCEPTING THE LOW BID BY GRINER. AFTER DISCUSSION, COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILWOMAN PUCKETT, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 54 1 -96 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY AND GRINER DRILLING SERVICES, INC., OF SPANISH FORT, AL., FOR THE CONSTRUCTION OF A WATER WELL SUPPLY FACILITY AS PER THE SPECIFICATIONS PREPARED BY, AND UNDER THE SUPER- VISION OF, ENGINEERING CONSULTANT MOORE ENGINEERING COMPANY, FOR THE AMOUNT OF $508, 100.00 ADOPTED THIS 14TH DAY OF OCTOBER, 1996. JA s P. Nix, MAYOR ATTEST p EVELYN PHILLIPS, CITY CL R COUNCILWOMAN PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY: (RES. No. 542-96 ON NEXT PAGE.....) 1 4 OCTOBER 1996 RESOLUTION NO. 542-96 1845 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT THE PROPOSED BUDGET PRESENTED AND REVIEWED THIS 14TH DAY OF OCTOBER, 1 996, BE HEREBY APPROVED AND ADOPTED FOR FY 1 996-1 997; AND BE IT FURTHER RESOLVED THAT MAYOR JAMES P. NIX IS APPOINTED SUPERINTENDENT OF UTILITIES AT AN ANNUAL SALARY OF $35,60 1 ; PAYABLE $988.92 EACH MONTH FROM THE ELECTRIC FUND, $988.92 EACH MONTH FROM THE GAS FUND, AND $988.92 EACH MONTH FROM THE WATER & SEWER FUND; AND BE IT FURTHER RESOLVED THAT THE ANNUAL SALARIES OF CITY PERSONNEL SHALL BE AS SHOWN ON A LIST ENTITLED "ANNUAL SALARIES OF ALL CITY PERSONNEL - RES. NO. 542-96"; SAID LIST FILED IN THE OFFICE OF THE MAYOR, OF THE CITY CLERK, AND OF THE PERSONNEL DIRECTOR; AND BE IT FURTHER RESOLVED THAT THE MAYOR BE AUTHORIZED TO ENTER INTO A CONTRACT WITH THE EASTERN SHORE CHAMBER OF COMMERCE TO PROMOTE THE CITY OF FAIRHOPE. THE CONTRACT SHALL BE FOR ONE YEAR, I OCTOBER 1 996 - 30 SEPTEMBER 1 997, BUT MAY BE CANCELLED AT ANY TIME. CONTRACT SHALL CALL FOR A PAYMENT TO THE EASTERN SHORE CHAMBER OF COMMERCE OF $ 1 25.00 PER MONTH FROM THE GENERAL FUND AND $ 1 25.00 PER MONTH FROM EACH OF THE UTILITY FUNDS; OR $6,000.00 FOR THE ONE YEAR TERM. ADOPTED THIS 14TH DAY OF OCTOBER, 1996. 1 4 OCTOBER 1996 1846 MAYOR NIX APPOINTED A COMMITTEE OF COUNCILMEMBERS JONES (CHAIRMAN), PUCKETT, AND BISHOP, TO INVESTIGATE A REQUEST BY MRS. JANASEK FOR A 4-WAY STOP SIGN AT PECAN AND SATSUMA INTERSECTION AND MAKE A REPORT TO COUNCIL AT THE NEXT REGULAR MEETING. COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: Identification: "PVC CONDUIT" Bids to be opened on: September 24, 1996 at: 11:00 a.m. MAVFR Fl FCTRIC SIIPPI Y CQ_ Dnthan_ AL (r)FI VY- 3 DAYSI SIZE CONDUIT: APPROX QTY. IN FT. PRICE PER FOOT: 4" CONDUIT 6,000 $0.96 3" CONDUIT 30,000 $0.72 2-1/2" CONDUIT 16,000 $0.51 2" CONDUIT 3,400 $0.33 1-1/2" CONDUIT 1,200 $0.27 1-1/4" CONDUIT 500 $0.23 1" CONDUIT 10,000 $0.17 RAA!`_Wnl IA CI C/^TDI!^ Al /nGl VV. 9 nAVI SIZE CONDUIT: APPROX QTY. IN FT. PRICE PER FOOT: 4" CONDUIT 6,000 $0.9713 3" CONDUIT 30,000 $0.7194 2-1/2" CONDUIT 16,000 $0.5550 2" CONDUIT 3,400 $0.3399 1-1/2" CONDUIT 1,200 $0.2833 1-1/4" CONDUIT 500 $0.2365 1" CONDUIT 10,000 $0.1744 vCUnnD• NIATUCQ nC Al ADARAA nADUUF Al InPI I/V- 4-5 DAVRI SIZE CONDUIT: APPROX QTY. IN FT. PRICE PER FOOT: 4" CONDUIT 6,000 $1.07 3" CONDUIT 30,000 $0.78 2-1/2" CONDUIT 16,000 $0.59 2" CONDUIT 3,400 $0.37 1-1/2" CONDUIT 1,200 $0.30 1-1/4" CONDUIT 500 $0.26 1" CONDUIT 10,000 $0.19 14 October 1996 VFIJr)nP- ATIIART C IRRV Cr) Pansarnla FI (npi VV- 2-WFFKS) 1847 SIZE CONDUIT: APPROX CITY. IN FT. PRICE PER FOOT: 4" CONDUIT 6,000 $1.12 3" CONDUIT 30,000 $0.81 2-1/2" CONDUIT 16,000 $0.60 2" CONDUIT 3,400 $0.385 1-1/2" CONDUIT 1,200 $0.2875 1-1/4" CONDUIT 500 $0.24 1" CONDUIT 10,000 $0.194 VENDOR: HUGHES SUPPLY, Dothan, AL. No Response VENDOR: BEN HATFIELD & CO., Mobile, AL. No Bid It is suggested to accept the low bid as documented (page-1) by MAYER ELECTRIC SUPPLY CO., Dothan, AL. Stock to be purchased as needed. Price to be good for one year. All specifications have been met by vendor. Aaron Norris, Wayne Smith, Electric Superintendent Purchasing Agent COUNCILMAN BISHOP MOVED TO ACCEPT THE LOW BID BY MAYER ELECTRIC COMPANY, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. Identification: "CHEMICAL PEROXIDE" Bids to be opened on: September 26, 1996 at: 11:00 a.m. ., i... r,...,... i.... ....A nA—!`nM...l i.. c--- i iN Cf ofinnc PEROXIDATION SYSTEMS, INC. (VULCAN $0.75 per lb. 5-Days CHEMICAL TECHNOLOGIES) Tucson, AZ SOUTHEASTERN SALES Birmingham, AL NO RESPONSE DAVE SYMONDS & ASSOCIATES NO RESPONSE Cullman, AL WATER TECHNOLOGIES, INC. NO RESPONSE Milton, FL JONES CHEMICAL CO. Mobile, AL NO RESPONSE ASHLAND CHEMICALS Mobile, AL NO RESPONSE HARCROS CHEMICAL CO. IMinfl. A, Ain R;=1ZPnA1S)= It is recommended to accept the bid of CHEMICAL TECHNOLOGIES, INC., West Sacramento, CA (formally, Neroxlaauon Systems, Inc., Tucson, AZ) for the price of $0.75 per lb. with all specifications being met. 14 OCTOBER 1996 1848 COUNCILMAN DUCK MOVED TO ACCEPT THE LOW BID BY CHEMICAL TECHNOLOGIES, INC., PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN JONES, MOTION PASSED UNANIMOUSLY. COUNCILWOMAN PUCKETT MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. THE OPTIMISTS CLUB, AND THE DOGWOOD TRAIL MAIDS, PRESENTED THE COUNCIL WITH A NEW PICTURE FOR PLACEMENT IN THE CIVIC CENTER LOBBY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6:05 P.M. (Insert requested by M.A. Lapeze, 10/14/96 meeting....) 1849 SUBMITTED FOR THE RECORD FAIRHOPE CITY COUNCIL OCTOBER 14, 1996 RE: REZONING AMENDMENT SUBMITTED BY JAY AND MARY ANN LAPEZE 103 AND 105 N. CHURCH ST. Over three years ago I went to City Hall for rezoning applications for the above property. While there I spoke with Bob Lunsford. During the discussion Mr. Lunsford advised me you, the council, had just authorized and appropriated funds for a new city master plan. He asked that I not ask for a spot zoning change at this time as the planning commission would be addressing the various areas in the city with the new plan. He assured me at that time our property would be addressed as there were definite zoning irregularities on our street. Months passed. I would periodically check with either Mr. Lunsford, Mayor Nix, or Mrs. Rivernbark. I was always told the plan wasn't ready. Finally, I spoke with Mr. Lunsford and he said the plan was ready but "they decided to not address Church St." We waited for two years for this answer. You the council spent $16,000.00 for a master plan that didn't address any area inside the city. Money wasted in my opinion. Please see the map I have given you. The blue area is the Central Business District as defined by your zoning ordinance. There are only five lots in this entire area which are not zoned commercial. We own two of those lots. This designation is not new. Mr. Lunsford told me before the new master plan was ever presented that our property was in the CBD. I have heard so much misinformation at the planning commission meeting. Mr. Lunsford advised the commission to deny on the grounds that our request is speculative zoning. I remind you we were requesting three years ago to have our property rezoned before we ever put the house on the market. Because we thought we were acting as responsible citizens by complying with the city's request to hold off on our zoning request at that time, we are now being accused of applying for speculative zoning. At the planning commission meeting it was also suggested the request be denied due to present use. Granted the buildings on the street are all presently being used for residential purposes. However, the house adjacent to ours on the north side is presently for sale as commercial property. A house next to Shadowood is also for sale as commercial property. I ask for the record, if the present owners of any of these properties zoned commercial on Church St., come to City Hall to apply for a business permit for a shop, a restaurant , a deli, etc. can they be legally denied a permit? If future buyers of either of the two properties for sale go to City Hall and ask what zoning and which uses are permitted on these properties, is it not true that they will be told B-2 general business district?. Hwy. 2.2,061 Conlral Business Dislricl: That area of a municipality usually associatecl with the 1850 Insert business center of the area. In some cases this is an historic rather than an actual requested center of commerce. All that area within the following houndnries: From one loL back by M . A. LapeZe(refers to typical lot depth, see map) from the South side of Morphy Avenue to one lot at 10 / 14 / 96 back from the North side of Oak Street and from one lot back from the East side of meeting. Bancroft Street to one lot back from the West side of Church Street. (Reference Map). 2.2.062 Change of Occupancy: The term "change of occupancy" shall mean a discontinu- ance of an existing use and the substitution therefore of a use of a different kind nr 102 EQ UAUTY VE 1 B --- 2 E CL j N