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HomeMy WebLinkAbout02-10-1997 Regular Meeting[WA 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; 1 6 I NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 10 FEBRUARY 1 997. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, JEANETTE PUCKETT, AND WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE AND CITY CLERK EVELYN P. PHILLIPS. COUNCILMEMBER DAVID E. BISHOP WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER DUCK MOVED TO APPROVE MINUTES OF THE 27 JANUARY 1 997 REGULAR SESSION AS WRITTEN. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING ON THE 1 995- 1 996 PUBLIC IMPROVEMENTS ASSESSMENTS PROJECT WAS HELD AS ADVERTISED. THIS WAS THE FINAL PROTEST MEETING OF THE PROJECT, AND AFTER THE INTRODUCTION AND ADOPTION OF THE FOLLOWING RESOLUTION, THE PROJECT ASSESSMENTS ARE NOW SET AND PAYABLE AS OF MARCH 1 0. COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 558-97 A RESOLUTION DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESSMENTS FOR THE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 986 AS MODIFIED, AMENDED, AND CONFIRMED BY RESOLUTION NO, 502-95, ASSESSING THE COST OF SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITED THEREBY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS SECTION I 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 23RD DAY OF OCTOBER, 1 995, ENTITLED "IMPROVEMENT ORDINANCE NO. 986, AN ORDINANCE PROVIDING FOR CERTAIN IMPROVEMENTS IN THE CITY OF FAIRHOPE, ALABAMA, TO BE KNOWN AS THE 1 995- 1 996 PUBLIC IMPROVEMENT ASSESSMENTS PROJECT'. (B) PROVISION WAS MADE IN ORDINANCE No. 986 FOR THE ASSESSING OF THE COST OF SAID IMPROVEMENTS AGAINST THE PROPERTY SPECIALLY BENEFITED THEREBY. 10 FEBRUARY 1 997 (C) ORDINANCE No. 986 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 ( I ) FOR ROCK CREEK, UNIT IV, IN THE OFFICE OF VOLKERT & ASSOCIATES, 3809 MOFFETT ROAD, MOBILE, AL; AND (2) FOR HARDIE FARMS, SPRING RUN PLACE, AND WESTLEY STREET IN THE OFFICE OF MOORE ENGINEERING COMPANY, 555 NORTH SECTION STREET, FAIRHOPE, AL; WHERE PROPERTY OWNERS WHO MIGHT BE AFFECTED BY SAID IMPROVEMENTS COULD SEE AND EXAMINE THE SAME. (D) ORDINANCE No. 986 PROVIDED THAT THE CITY COUNCIL WOULD MEET ON THE 13TH DAY OF NOVEMBER. 1 995, AT THE CITY ADMINISTRATION BUILDING IN THE CITY OF FAIRHOPE AT 5:30 P.M. 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. 986 WAS PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN THE FAIRHOPE COURIER, A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF FAIRHOPE, THE FIRST PUBLICATION BEING MADE NOT LESS THAN TWO WEEKS PRIOR TO THE 13TH DAY OF NOVEMBER, 1 995. (F) A COPY OF ORDINANCE No. 986 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 ADDRESS, SAID NOTICES HAVING BEEN SO MAILED MORE THAN TEN DAYS PRIOR TO 1 3 NOVEMBER 1 995. (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. 986 WAS DULY MODIFIED, AMENDED, AND CONFIRMED BY RESOLUTION No. 502-95 AND SAID IMPROVEMENTS WERE FINALLY ORDERED. (H) NOTICE WAS GIVEN ON THE 15TH AND 22ND OF NOVEMBER, 1995, BY PUBLICATION IN THE FAIRHOPE 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 5TH OF DECEMBER, 1 995, AND THE CITY COUNCIL, AS PROVIDED BY LAW, DID, ON THE I I TH DAY OF DECEMBER, 1 995, LET THE CONTRACTS TO MAKE THE IMPROVEMENTS TO J.S WALTON S, COMPANY, OF MOBILE, FOR THE ROCK CREEK AREA UNDER VOLKERT & ASSOCIATES; AND TO JAMES BROTHERS EXCAVATING, INC., OF DAPHNE, FOR THE HARDIE FARMS, SPRING RUN PLACE, AND WESTLEY STREET AREAS UNDER MOORE ENGINEERING COMPANY: THE LOWEST RESPONSIBLE BIDDERS. (I) SAID IMPROVEMENTS HAVE BEEN CONSTRUCTED, COMPLETED AND ACCEPTED IN ACCORDANCE WITH ORDINANCE NO. 986 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 DESCRIPTION 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 14TH DAY OF JANUARY, 1 997, 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, A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF FAIRHOPE. IN THE ISSUE OF 1 8 JANUARY 1 997, 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 17TH DAY OF JANUARY, 1997, TO ALL PROPERTY OWNERS OF RECORD TO BE ASSESSED. (L) THE I OTH DAY OF FEBRUARY, 1 997, 5:30 P.M., 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. Im 1 O FEBRUARY 1997 (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: THERE WERE NO OBJECTIONS OR PROTESTS. (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. 986, AS AMENDED, MODIFIED, AND CONFIRMED IN RESOLUTION No. 502-95, 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 $2,477,425.53 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 1 995- 1 996 PUBLIC IMPROVEMENT ASSESSMENTS ROLL BOOK. ADOPTED THIS I OTH DAY OF FEBRUARY, 1997. P Nix, MAYOR ATTEST EVELYN HILLIPS, CITY CLE COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 559-97 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. Nix IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY AND BCM ENGINEERS, INC., OF MOBILE, FOR THE COMPLETION OF CERTAIN TASKS IN ACCORDANCE WITH THE NPDES STORM WATER PROGRAM ADOPTED THIS I OTH DAY OF IEBRUARY, 1 997. 9("�tMES P. NIX, MAYOR CITY Im 1 0 FEBRUARY 1 997 MAYOR NIX ANNOUNCED THAT, SINCE MUNICIPAL NUDGE J. LANGFORD FLOYD HAS BEEN APPOINTED DISTRICT JUDGE, IT IS NECESSARY FOR THE COUNCIL TO APPOINT A REPLACEMENT TO COMPLETE JUDGE FLOYD'S TERM AS OUR JUDGE. AFTER SOME DISCUSSION, MAYOR NIX OFFERED THE NAME OF JODY BISHOP, A LOCAL ATTORNEY, FOR THE POSITION. COUNCILMEMBER PUCKETT MOVED TO APPOINT MR. BISHOP AS THE MUNICIPAL JUDGE. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. JUDGE BISHOP SHALL SERVE FOR A TWO-YEAR TERM AFTER WHICH HE WILL BE ELIGIBLE FOR REAPPOINTMENT. THE JUDGE SHALL HOLD OFFICE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIED. COUNCIL REVIEWED AN APPLICATION FOR A BEER ON/OFF PREMISES LICENSE AND A WINE ON/OFF PREMISES LICENSE BY LELIA J. WASP, DBA KING TUTS BBQ. THE LOCATION HAS HAD THESE LICENSES BEFORE. NO ONE PRESENT WAS OPPOSED TO THE LICENSES. THERE WAS POLICE APPROVAL OF THE APPLICATION. COUNCILMEMBER FORD MOVED TO APPROVE THE ISSUANCE OF THE LICENSES. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. MAYOR NIX ANNOUNCED THAT FRAZER LANIER COMPANY OF MONTGOMERY HAS OFFERED THE CITY THE BEST DEAL ON THE LARGE BOND ISSUE FOR UTILITY IMPROVEMENTS WHICH HAS BEEN IN THE WORKS FOR SOME TIME NOW. (SEE RES. No. 540-96) THE PROJECT IS NOW ESTIMATED AT 7.5 MILLION. THE IMPROVEMENTS CONSIST OF WASTEWATER TREATMENT PLANT UPGRADES, A NEW WATER WELL, A NEW ELECTRICAL SUB -STATION, AND AN UPGRADE OF OUR MAIN ELECTRICAL SUB -STATION. COUNCILMEMBER JONES MOVED TO AUTHORIZE THE MAYOR TO PROCEED WITH THE BOND ISSUE. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO AUTHORIZE THE MAYOR TO NEGOTIATE THE POSSIBLE PURCHASE OF THE NUT -PROCESSING PLANT PROPERTY. THE PROPERTY IS LOCATED ALONG FAIRHOPE AVENUE, ACROSS FROM THE FAULKNER CAMPUS, AND BORDERED BY BANCROFT, SCHOOL, AND MAGNOLIA, SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. COUNCIL TOOK THE FOLLOWING ACTION ON FUEL BIDS: - 10 FEBRUARY 1 997 Identification: "FUEL BID" Bids to be opened on: January 30. 1997 at: 11: 00 a.m. Fuel to be used by the City of Fairhope for one year. GASOLINE to be 89-Plus Octane Rating: DIESEL to be #2 Low Sulfur. VENDOR: AMOUNT. • Per DELIVERY: Gallon RADCLIFFIECON GASOLINE: OMY MARINE, $0.7409 ]-Day Mobile, AL DIESEL: $0.7013 PETROLEUM GASOLINE: ENERGY $0.7610 4-Hours PRODUCTS CO. DIESEL: (PEPCO) $0.7195 Foley, AL FLETCHER OIL NO BID CO. Eight Mile, AL AMERICAN GENERAL OIL NO BID CORP. Mobile, AL MOCAR OIL CO. NO RESPONSE Pensacola, FL ARD OIL CO. NO RESPONSE Summerdale, AL McPHERSON OIL NO RESPONSE CO. Bay Minette, AL WALKER FUEL NO RESPONSE SERVICE Mobile, AL It is recommended to accept the low bid of RADCLIFF/ECONOMY MARINE, Mobile, Alabama for the price of $0.7409 per gallon for 89-Plus Octane UNLEADED GASOLINE and $0.7013 per gallon for #2 Low Sulfur DIESEL FUEL. All specifications have been met. Phil Rutherford, General Superintendent Wayne Smith, Purchasing Agent COUNCILMEMBER PUCKETT MOVED TO ACCEPT THE LOW BID BY RADCLIFF/ECONOMY MARINE PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. ( 10 FEBRUARY 1 997 COUNCILMEMBER DUCK MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 55:47 P.M. JAMS P. Nix, MAYOR f