HomeMy WebLinkAbout12-11-2000 Regular MeetingSTATE OF ALABAMA )( 2588
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
6:00 p.m.; Fairhope Municipal Complex Council Chamber;
161 North Section Street, Fairhope, Alabama 36532; on
MondU, 11 December 2000.
Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle,
Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City
Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was
absent.
There be a quorum present, Mayor Kant called the meeting to order. The
Pledge of Allegiance was recited, and the invocation was given by Rev. Phillip
Goodson, Pastor of Liberty Church, Fairhope, Alabama. Councilmember Anders
moved to approve minutes of the 27 November 2000, regular meeting. Seconded
by Councilmember Gentle, motion passed unanimously.
A Public Hearing - Final Protest meeting was held as advertised on 1999-
2000 Public Improvement Assessment Project - Country Woods Sewer System
(Council must read and rule upon any written objections to the proposed
assessment, ending with the adoption of a Resolution setting the assessment.) City
Clerk, Geniece W. Johnson read the following protest from the Country Woods
residents. The Water and Sewer Superintendent Dan McCrory, and John Avent
with Engineering Development Services addressed each protest:
SUMMARY OF COUNTRY WOODS PROTEST LETTERS
DATE: December 4, 2000
FROM: Rick & Stacey Holaday
❑ No direct supervision from the Engineering firm during construction
❑ Destruction of property caused during construction such as the lost of 1/3 of trees and
shrubs, and an invisible dog fence being cut numerous times
❑ Exposed cable wires remain above ground
❑ Validity of the actual cost of the project
❑ Upgrade in sewer pipe size
❑ An early private hook-up by a homeowner on Hwy 13
0 Any deduction in the assessment project would be greatly appreciated
11 December 2000 2589
DATE: December 5, 2000
FROM: Mr. & Mrs. Gregg Dixon
❑ Concerns about the long-term durability of the two places where there are bumps in the
pavement due to the lines being placed under the road.
❑ Believe the City should bear the cost of increase in the size of the pipe used since it was
enlarged to accommodate additional hook ups beyond our subdivision
❑ Would appreciate waiving the hook up fee or given some kind of credit that would be
equivalent to such a waiver
❑ Believe the engineer erred in not checking into the proper electrical needs for the pump
station, and in not checking with Riviera Utilities in regard to its cost PRIOR TO the
initiation of the project.
❑ Believe the engineer erred in not keeping a closer watch on costs overall
DATE: December 6, 2000
FROM: Robert E. James
❑ Does not believe it is fair or just that the Country Woods residents have to carry the cost
of the excess capacity of the 6 inch force main and pump station.
❑ Hope that the City Council would consider paying for the 6 inch force main.
DATE: December 5, 2000
FROM: Joseph and Kimberly Vosicky
❑ Any residential or commercial property (new or existing) wishing to tap into the portion
of the installed sewer system be required to pay all customary charges - installation,
materials, labor, tap fees, etc.
❑ Any residential or commercial property (new or exiting) using either the 4 inch sewer
pipe or the pump station located within the subdivision, should pay a fee for using the
equipment thus allowing Country Woods residents a credit for any shared portions over a
10-year period of assessment.
❑ Should the city not accept item # 2. Then it is suggested that the City absorb some of the
cost of installing and billing the 4 inch pipe down Hwy 104.
❑ A superintendent from EDS was not on site at all times, and unfortunately much of the
cost of repair work was a result of this.
❑ The contractor should not be paid the entire cost billed for supervising the project from
the site.
DATE: This letter was not dated. I received a letter FROM Mr. James M. (Jim) Ekelund
by mail on November 29th.
0 Protest the amount of the proposed assessment
11 December 2000 2590
❑ Would like to know the property appreciation
❑ How much more burden are you going to place on middle-class families
DATE: November 26, 2000
FROM: Travis & Debbi Wood
❑ There is no surprise in the dollar amount, but we all do request that the City of Fairhope
be fair to our neighborhood, and assume some of the costs relating to future expansion
❑ We have no way of knowing what is a fair amount, but do appreciate any possible
reduction in the total assessed amount.
❑ We were also told that the possibility of waiving the $600.00 tie in fee would be
reviewed. I understand the concern that residents of future sewer projects could possibly
request the same discount, but maybe this amount could be calculated in the front-end
reduction without having to be shown as an actual tie in discount.
❑ Request that you also deduct some of the engineering fees from our total
RESPONSE TO PROTEST ISSUES AND CONCERNS
• Mr. Avent explained that his company was responsible for inspecting the work
and making recommendation to the City.
• Mr. McCrory and Mr. Avent will prepare a punch list of things that need repairs
by the Brown Brothers Grading Co. Inc., contractors of the Country Woods
Project.
• Mr. McCrory will notify the cable company regarding the cable wire above
ground.
• City Attorney Marion E. Wynn explained that the City could not give away City
services. Therefore it is illegal for the city to waive the tap fee.
• The contractors have a two year maintenance bond, and will be responsible for
repairing such things as bumps in the road up to two years.
• The early hook-up was due to Mr. Skinner's septic system being un-repairable.
• Councilmember Anders expressed that this improvement was requested by the
residents of Country Woods. The work is complete and the value of their
property has increased. The $5,000.00 administrative fee has not been added to
the estimated cost, but the residents are responsible for this fee.
• According to Mr. Christopher Baker, there are approximately six or seven
subdivisions pending in this area.
11 December 2000 2591
After further discussion, Councilmember Gentle introduced in writing, and
moved to adoption of the following resolution, and moved to add the $5,000.00
administration fee to the current estimated cost. Seconded by Councilmember
Ford, motion passed by the following vote: AYE -Gentle, Ford, Kant,
Christenberry. NAY -Quinn, Anders.
RESOLUTION NO. 731-00
A RESOLUTION
DETERMINING ALL OBJECTIONS AND
DEFENSES
TO
ASSESSMENTS
FOR THE COST OF IMPROVEMENTS
PROVIDED
BY
IMPROVEMENT
ORDINANCE NO. 1074 AS MODIFIED,
AMENDED,
AND
CONFIRMED BY
RESOLUTION NO. 671.99, 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 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 22nd day of
November, 1999, entitled "IMPROVEMENT ORDINANCE NO. 1074, AN ORDINANCE
PROVIDING FOR THE INSTALLATION OF A SANITARY SEWER SYSTEM IN COUNTRY
WOODS SUBDIVISION IN THE CITY OF FAIRHOPE, ALABAMA, TO BE KNOWN AS THE
1999-2000 PUBLIC IMPROVEMENT ASSESSMENT PROJECT'.
(B) Provision was made in Ordinance No. 1074 for the assessing of the cost of said
improvements against the property specially benefited thereby.
(C) Ordinance No. 1074 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 (1) for Country Woods Subdivision, on Highway 104, Fairhope, Alabama, in the
office of Engineering Development Services LLC, 23210 US Hwy 98, Suite B-1, Fairhope,
Alabama; where property owners who might be affected by said improvements could see and
examine the same.
(D) Ordinance No. 1074 provided that the City Council would meet on the 13th day of December,
1999, 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. 1074 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 December, 1999.
(F) A copy of Ordinance No. 1074 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 13 December 1999.
11 December 2000 2592
(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. 1074 was duly modified,
amended, and confirmed by Resolution No. 671-99 and said improvements were finally ordered.
(H) Notice was given on the 271h February, 51h & 121h of March 2000, by publication in THE
MOBILE PRESS REGISTER, 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, 2000, and the City Council, as provided by law, did, on the 16th day of
March, 2000, let the contracts to make the improvements to BROWN BROTHERS GRADING
COMPANY, MUNFORD, ALABAMA FOR Country Woods Subdivision under Engineering
Development Services LLC, 23210 US Hwy 98, Suite B-1, Fairhope, Alabama; the lowest
responsible bidders.
(1) Said improvements have been constructed, completed and accepted in accordance with
Ordinance No. 1074 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 21th day of November, 2000, 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 18 November 2000, 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 16th day of November, 2000, to all property owners of
record to be assessed.
(L) The 11th day of December, 2000, 6:00 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.
(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:
(N) The City Council has heard approximately six (6) objections 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. 1074, as amended, modified, and confirmed in Resolution No. 671-99, 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 $318,714.30 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.
11 December 2000
2593
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 1999-2000 PUBLIC IMPROVEMENT ASSESSMENTS ROLL BOOK.
ADOPTED THIS 11TH DAY OF DECEMBER 2000.
(TJimoy M. Kan , ayor
Attest
Geniece W. Johnson, Cit
Councilmember Ford introduced in writing, and moved for the adoption of
the following resolution. Seconded by Councilmember Anders, motion passed
unanimously.
RESOLUTION NO. 732-00
MUTUAL AID AGREEMENT
In consideration of the mutual commitment given herein, each of the Signatories to this
Mutual Aid Agreement agrees to render aid to any of the other Signatories as follows:
1. Request for aid. The Requesting Signatory agrees to make its request in
writing to the Aiding Signatory within a reasonable time after aid is
needed and with reasonable specificity. The Requesting Signatory agrees
to compensate the Aiding Signatory as specified in this Agreement and in
other agreements that may be in effect between the Requesting and Aiding
Signatories.
2. Discretionary rendering of aid. Rendering of aid is entirely at the
discretion of the Aiding Signatory. The agreement to render aid is
expressly not contingent upon a declaration of a major disaster or
emergency by the federal government or upon receiving federal funds.
Invoice to the Requesting Signatory. Within 90 days of the return to the
home work station of all labor and equipment of the Aiding Signatory, the
Aiding Signatory shall submit to the Requesting Signatory an invoice of
all charges related to the aid provided pursuant to this Agreement. The
invoice shall contain only charges related to the aid provided pursuant to
this Agreement.
11 December 2000
2594
4. Charges to the Requesting Signatory. Charges to the Requesting
Signatory from the Aiding Signatory shall be as follows:
Labor force. Charges for labor force shall be in accordance
with the Aiding Signatory's standard practices.
b. Equipment. Charges for equipment, such as bucket truck,
digger derricks, and other special equipment used by the
Aiding Signatory, shall be at the reasonable and customary
rates for such equipment in the Aiding Signatory's
location.
C. Transportation. The aiding Signatory shall transport
needed personnel and equipment by reasonable and
customary means and shall charge reasonable and
customary rates for such transportation.
d. Meals, lodging and other related expenses. Charges for
meals, lodging and other expenses related to the provision
of aid pursuant to this Agreement shall be the reasonable
and actual costs incurred by the Aiding signatory.
Counterparts. The Signatories may execute this Mutual Aid Agreement in
one or more counterparts, with each counterpart being deemed an original
Agreement, but with all counterparts being considered one Agreement.
6. Execution. Each party hereto has read, agreed to and executed this Mutual
Aid Agreement on the date indicated.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby
authorized to sign this FEMA Disaster Aid/Mutual Aid Agreement.
ADOPTED THIS THE I ITH DAY OF DECEMBER , 2000.
4Tihy M. ant, ayor
Attest:
Geniece W. Johnson, City erk
11 December 2000
2595
The residents of South Drive in Rock Creek Subdivision addressed the City
Council opposed to having South Drive opened as a second access to the
subdivision. The residents also expressed that they were not notified that this
drive was being opened, and that their Realtors did not tell them that this drive
would eventually be opened to U.S. Hwy 98. It was explained by Mayor Kant and
Building Official, Christopher Baker, that the original plat of 1993 shows that this
drive would be opened to U.S. Hwy 98. Mr. Baker stated that opening South
Drive is public record and the Planning and Zoning Commission have put off
opening this drive. At the present time there is only one way into the subdivision,
and for safety reasons there need to be at least one more access. The City has
received a traffic study that was funded by the developers supporting an additional
access.
The residents requested that the City Council delay passing a resolution
authorizing Mayor Kant to open South Drive until the residents have a chance to
look at the plans, and the traffic study. The residents also requested that there be
gates placed at the entrance of South Drive. City Attorney Marion E. Wynne
expressed that all public streets must be open to the public. After further
discussion, Councilmember Quinn moved to table this issue until the first meeting
in February 2001. This motion died for lack of a seconded.
After further discussion, Councilmember Anders introduced in writing, and
moved for the adoption of the following resolution. Seconded by Councilmember
Christenberry, motion passed by the following vote: AYE -Gentle, Ford, Kant,
Anders, Christenberry. NAY -Quinn.
11 December 2000
Resolution No. 733-00
2596
WHEREAS, the City Council of the City of Fairhope, Fairhope, Alabama is aware, there
is currently only one access into Rock Creek Subdivision.
WHEREAS, as far back as 1993 an additional access was contemplated for Rock Creek
via South Drive.
WHEREAS, the development of Rock Creek is such that it now justifies an additional
access point as evidenced by the Traffic Study prepared by William Metzger, PE.
WHEREAS, the City has been deeded the Right-of-way. The City has received a letter
from the developers of Rock Creek offering to pay for the construction of the street.
WHEREAS, the City Attorney Marion E. Wynne has written an opinion that the City has
the ability to make the connection.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
FAIRHOPE, ALABAMA, hereby authorize Mayor Kant to open South Drive in Rock
Creek Subdivision to U.S. Highway 98.
ADOPTED THIS THE 11T" DAY OF DECEMBER , 2000.
Attest:
0
Geniece W. Johnson, C' lerk
4im tim thy M. nt, M yor
A public hearing was held as advertised on the request of a Lounge Liquor
License by Joe L. Sledge, dba American Legion Post # 335, located at 825 South
Section Street, Fairhope, Alabama. There was police approval of the applicant.
The Chief of Police was concerned about 18 year olds being allowed into the
facility. The owner Mr. Sledge, expressed that 21 years of age and older will only
be allowed in the facility. Councilmember Ford moved to approve the issuance of
the license. Seconded by Councilmember Christenberry, motion passed
unanimously.
11 December 2000 2597
Mr. Pete Hoffman addressed the City Council with concerns of the Quail
Creek Golf Course playing fees. Mr. Hoffman expressed that we are fast
approaching that time of the year when the Quail Creek golf course is jam packed
with snowbirds. Mr. Hoffman also expressed that Quail Creek gives senior
citizens discount rates on annual membership, provided they live in Baldwin or
Mobile County. However, the Fairhope residents have to pay more for an annual
membership than a senior citizen from Citronelle or Theodore. Mr. Hoffman
questioned the structure of QC fees. He stated that it was his understanding that
the Fairhope residents pay an additional golf course maintenance fee hidden
within the City's utility bills.
Mayor Kant stated that he did not know of any hidden fees, and that for the
past two years the golf course has nearly gone in the red. There are at least 20
other golf courses in Baldwin County and even though our fees are the lowest, the
Council will consider your request. Mayor Kant assigned this issue to the Finance
Committee to look into and report back to the City Council.
Councilmember Quinn moved to reschedule the next Regular City Council
meeting, due to Christmas, to Wednesday, December 27`''. Seconded by
Councilmember Ford, motion passed unanimously.
Councilmember Christenberry moved to pay bills as presented. Seconded
by Councilmember Quinn, motion passed unanimously.
Mayor Kant announced that the City of Fairhope placed third in the world
in the Nations in Bloom contest, held in Washington D.C. There were 22 nations
represented at this competition. Christopher Baker and Sherry Sullivan did the
presentation by the City.
There being no further business to come before the City Council the
meeting was duly adjourned at 7:25 p.m.
S
tA, - K,-57-
t5 thy M. ant, Mayor
Geniece W. Johnson, 071erk