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Home My WebLink About07-24-1972 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City �of Fairhope met in regular session at the City Administration Building, 387 Fairhope Avenue on Monday, July 24, 1972 at 7:30 P.M., with the following members present: Mayor R. C. Macon, Councilmen Janes P. Nix, John A. Robert- son, Robert H. Cowen, H. G. Bishop and Sam E. Boxy. Motion by Councilman Box seconded by Councilman Robertson that motion made at previous meeting to increase payment to South Alabama Regional Planning Commission by $350.00 to be amended to read that payment to South Alabama Regional Planning Commission be increased by $262.00 making a total of $2,544.00 per year. Motion carried. Minutes of previous meeting approved as amended. Motion by Councilman Nix seconded by Councilman Robertson that claim of Mr. Tolmie be referred to Insurance Agent for proper handling. Motion carried. Motion by Councilman Box seconded byy Councilman Nix that request for rezoning from R-1 to R-3, Lots 28 and 29, Block 13 Volanta be denied as recommended by the Planning and Zoning Com- mission. Motion carried. Motion by Cgncilman Box seconded by Councilman Robertson that Ordinance No. , An Ordinance Amending Zoning Ordinance No. 295, Section 13, by rezoning from R-2 to B-2, property located on S/W Corner of Young and Middle Sts., be adopted as introduced at the regular meeting of July 10, 1972. Motion carried. Motion by Councilman Robertson seconded by Councilman Cowen that Ordinance No. 488 An Ordinance to Amend Ordinance No. 295 of Zoning and Mobile Park Ordinance Of The City of Fairho�e, Alabama As Passed January 14, 1963, To Allow The Building Of Single Family Homes In The R-1 Residential District On Sub Stan- dard Size Lots Now Existing In The R-2 Residential District Sub- ject To Approval of The Planning Commission; To Allow The Erecting of Multiple Family Dwellings On Sub Standard Size Lots in the R-3 Residential District Subject To Approval Of The Planning Com- mission; To Create An R-5 District For The Sole Use of Mobile Home Trailer Courts, be adopted as introduced at the regular mewbing of July 10, 1972. Motion carried. Members of the Eastern Shore Art Association met with Council requesting donation of $5,000.00 to Building Fund. Motion by Councilman Robertson seconded by Councilman Cowen that City make contribution of $5,000.00 to Building Fund of Eastern Shore Art Association. Motion carried. Council appointed the following officers to hold the General Municipal Election to be held on August 8, 1972. Box #1 - Cecil Clemens, Inspector Jane Scott - Chief Clerk Betty Wahl - lst Ass't Clerk Lucille Hipsh - 2nd Ass't Clerk Box #2 - Mike Ford - Inspector ' Betty Lewis - Chief Clerk, Grace Gallagher L"lst Ass't Clerk Lou Peters - 2nd Ass't Clerk S Box #3 - 011ie Staggs - Inspector Marjorie Robinson - Chief Clerk Eddie Coleman - lst Ass't Clerk Mrs. Cecelia Abrahamer - 2nd Ass't Clerk Box #4 - Ouida Berglin - Inspector Blanche Gibson - Chief Clerk Mrs. Clark Taylor - lst Ass't Clerk Mrs. Martha Gates - 2nd Ass't Clerk Box #5 - Mrs. Eve Olivere - Inspector Mrs. Addie Nelson - Chief Clerk Mrs. Jean Davis - lst Ass't Clerk Mrs. Bernice Burkard - 2nd Ass't Clerk Box #6 - Leo Keller - Inspector Lee Eagy - Chief Clerk Mrs. H. B. Shepherd - lst Ass't Clerk Mrs. Vera Waters - 2nd Ass't Clerk Box #7 - George Krog - Inspector Carol Long - Chief Clerk Mrs. Florence Wolbrink - lst Ass't Clerk Mrs. Flora Mae Simmons - 2nd Ass't Clerk Box #8 - Bill Malone - Inspector Clare G. Judd - Chief Clerk Marjorie M. Chase - lst Ass't Clerk Erla Irene Bailey - 2nd Ass't Clerk Motion by Councilman Cowen seconded by Councilman Nix that achool of instructions for Election Officers be held on Aug. 2, 1972 at .7:00 P.M., at the City Administration Building, 387 Fairhope Avenue. Motion carried. This being date set for opening bids on Police Cars,only one bid received due to uncertainties as to price and availability of cars at this time, the one bid was not opened. Motion by Councilman Nix seconded by Councilman Robertson that City hire Mr. Byron Till as Police Officer for Pier and Beach area through Labor Day at a salary of $450.00 a month. Upon being put to vote the following vote was recorded: Voting For: Councilmen Nix, Robertson, Cowen and Box. Councilman Bishop abstained from voting. Motion carried. Councilman Nix moved that Ordinance No. 487, An Ordinance To Repeal Section 6 of Garbage Ordinance No. 478, be adopted as introduced at the regular meeting of July 10, 1972. Motion died for lack of second. Council instructed City Attorney to draw up Ordinance deleting Line 1 of Section 6 of Garbage Ordinance No. 478. Motion by Councilman Robertson seconded by Councilman Cowen that bill of Tennis Court Constructors in amount of $304.00 be approved for payment. Motion carried. Mrs. Martha Hill presented report of the Bicycle Trails committee. Motion by Councilman Cowen seconded by Councilman Robertson that report be taken under advisement. Motion carried. Motion by Councilman Robertson seconded by Councilman Cowen that the following Resolution be adopted. Motion carried. RESOLUTION A RESOLUTION CONCERNING CONSTRUCTION IN AREAS OF CITY IN WHICH THERE IS A DANGER OF FLOODING. WHEREAS, the CITY OF FAIRHOPE, Fairhope, Alabama has heretofore adopted by reference, the 1970 Edition of the Uni- form Building Code, Volume 1, and WHEREAS, Section 301 (a) of the Uniform Building Code as adopted by the City of Fairhope prohibits any person, firm or corporation from erecting, constructing, enlargirg, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from theBuilding Inspector, and WHEREAS, the Building Inpector must examine all plans and specifications for the proposed construction when applica- tion is made to him for a building permit, and WHEREAS, the City Council of the City of Fairhope, Ala., is aware that the City of Fairhope does have special flood haz- ards.; and WHEREAS, Appendix B of the '.'bode of Ordinances, City of Fairhope" set forth and establish4subdivision regulations within the City of"'Fairhope wherein the Building Inspector, the Planning Commission and the:Ctty Council shall review all subdivision plans and plots when any area is proposed to be subdivided within the City of Fairhope; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope as follows: 1. That the Building Inspector for the City of Fair - hope when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the pro- posed construction is consistent with the need to minimize flood damage. 2. That the Building Inspector shall review all build- ing permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recom- mendations for construction in all locations which have flood hazards. 3. That the Building Inspector, in his review of all applications for construction in flood hazard locations within the City of Fairhope shall require the applicant to provide, in his plans and specifications, the following: (a) Construction so as to prevent the flotation, col- lapse or lateral movement of the structure or portions of the structure due to flooding. (b) The use of construction materials and utility equip- ment that are resistant to flood damage. (c) The utilization of construction methods and prac- tices that will minimize flood damage. (d) To provide adequate drainage in order to reduce exposure to flood hazards. (e) To locate public utilities and facilities on the site in such a manner as to be elevated and constructed to mini- mize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water systems. 4. IT IS FURTHER RESOLVED that the Building Inspector, the Planning Commission and the City Council in their reviewing of all subdivision applications shall make findings of fact and determine if: (a) All such proposed developments are consistend with the need to minimize flood damage. (b) Adequate drainage is provided so as to reduce ex- posure to flood hazards. (c) Adequate drainage is provided so as not to in- crease the exposure to flood hazards of adjacent lands. (d) All public utilities and facilities are located, elevated and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems. ADOPTED this the ATTEST: CITY CLERK day of MAYOR 1972. Motion by Councilman Box that the following Ordinance be introduced: ORDINANCE NO.^�40' AN ORDINANCE TO ADOPT THE SOUTHERN STANDARD PLUMBING CODE, 1972, AND ITIS 1971 TO 1972 REVISION. BE IT ORDAINED by the City Council of Fairhope, Alabama that all plumbing work and all materials and appliances used in connection therewith installed within the City are conformed to the rules and regulations and requirements of the 1972 Southern Standard Plumbing Code and amendments of 1971 to 1972 thereto, and said rules and regulations are hereby adopted by reference as fully as if set out at length therein; subject, however, to all amendments, substitutions, deletions and modifications there- in contained. This Ordinance shall become law upon it's due adoption and publication as required by law. ADOPTED this the day of , 1972. R. C. MACON, MAYOR ATTEST: MARIE MOORE, CITY CLERK Motion by Councilman Box that the following Ordinance be introduced: ORDINANCE NO._*Y6 AN ORDINANCE TO ADOPT THE SOUTHERN STANDARD GAS CODE, 1969 EDITION, WITH IT's 1969 TO 1971 REVISON. BE IT ORDAINED by the City Council of Fairhope, Alabama that all natural gas work and all matbrials and appliances used in connection therewith installed within the City shall conform to the: -~rules and regulations and requirements of the 1969 Southern Standard Gas Code, with it's 1969 to 1971 revision, andffurther, with it's 1969 to 1972 revision, which said rules and regulations are hereby adopted and approved as a part of the Code of Ordinances as fully as if set out at length herein; subject, however, to all amendments, substitutions, deletions and modifications therein contained. This Ordinance shall become law uponlit's due adoption and publication as required by law. ADOPTED this the day of , 1972. R. C. MACON, MAYOR ATTEST: MARIE MOORE, CITY CLERK Motion by Councilman Nix that the following Ordinance be introduced: ORDINANCE NO. !V7 AN ORDINANCE TO ADOPT THE 1969 EDITION OF THE SOUTHERN STANDARD HOUSING CODE. BE IT ORDAINED by the City Council of Fairhope, Alabama that the 1969 Edition of the Southern Standard Housing Code be, and the same is hereby adopted by reference as fully as if set out at length herein; subject; however, to all amendments, sub- stitutions, deletions and modifications therein contained. This Ordinance shall become law upon it's adoption and publication as required by law. ADOPTED this the day of , 1972. R. C. MACON, MAYOR ATTEST: CITY CLERK Motion by Councilman Nix that the following Ordinance be introduced: ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO.) TO ADOPT A SOUTHERN STANDARD CODE OF 1969 AND IT'S REVISION OF THE SOUTHERN STANDARD CODE CONGRESS AND ALL OTHER AMENDMENTS AND AD- DITIONS THERETO. BE IT ORDAINED by the City Council of Fairhope, Alabama that for the purpose of regulating the construction, alteration, t repair or removal of buildings or structures, there is hereby adop- ted the Southern Standard Building Code, 1969 Edition, and the 1969 to 1971 revisions including amendments to the Southern Standard Building Code, three copies of which are on file in the office of the City Clerk, and the same are hereby adopted by reference as fully as if set out at length herein; subject;however, to all amend- ments, substitutions, deletions and modifications therein contained. This Ordinance shall become effective upon it's due adop- tion and publication as required by law. ADOPTED this the day of , 1972. R. C . MACON, MAYOR ATTEST: MARIE MOORE, CITY CLERK Motion by Councilman Bishop seconded by Councilman Nix that $4,000.00 be transferrdd from Gas Fund and $16,000.00 from Electric Fund to the General Fund. Motion carried. Mr. Cliff Lanier of Thornton, Farrish and Gauntt met with Council on financing Sewer project, Motion by Councilman Bishop seconded by Councilman Cowen that Fiscal Agent be autho- rized to set up permanent financing in authorized amount of $1,000,000tiXO_offering for sale at this time $850,000.00 and to proceed with the sale of $310,000 Revenue Bonds through the Pollution Control Finance Agency of the State of Alabama. Motion carried. It was duly moved and seconded that the meeting ajourne. Motion carried. APPROVED Mayor ATTEST: City Clerk -UNICIPAL ELCCTRic L L.ITY �SSOCIATI_N ' OF ALABAMA R. 0. BOX 404 TROY, ALABAMA 3SO81 EXECUTIVE COMMITTEE i Lewis Cooper, Jr., Chin. W. L. Radney, .Ir. Vice -Chin. H. S. St. John, Sr. Secy.-Treas. Frank Gwaltney Warren E. Morris Sewell St. John, Jr. 0 July,14, 1972 Directors of Municipal Electric Utility Assn, City Officials of Intervening Municipalities Re: Hearing Pending Before FPC on New Wholesale Rate Increase and Anti —Trust Action Before AEC, Gentlemen : The hearing before the Federal Power Commission which began in 1A.ashington on June 12th recessed on June 30th, It is to resume again on September 5th and will probably last from one to two weeks more. The case is being fought long and hard by both sides. It is very costly. As we view it, it is to the advantage of the Alabama Power Co. for this case to be drawn out and for it to be as costly as possible to the Cities who are intervenors in this "case, Because of the length of time from original filing until the case is'settled many of you may wonder what is happening. DIRFCTORS Curtis Amberson J. E. Head .John Heard C. M: Keever E. Jack Kirk Robt. McLendon Ed. M. Wright After all testimony has been given and all evidence presented in September, then the lawyers for both sides must prepare their briefs and arguments in the case.. This will require several weeks. Then the trial examiner and the FPC legal staff must have time to weigh the evidence and write their opinions. This will require several more weeks, The Examiner's opinion is then presented to the Commissioners themselves - and subsequently they make a ruling after studying the case. This ruling could possibly come this year but most likely it will be next year, or sometime after the first of January 1973. During all this time the new tariff is in full . effect for many of you pending the final FPC ruling, The existing contracts of Piedmont, Lanett, Alex City, and Luverne expire in 1973, leaving only Dothan and Sylacauga.expiring in 1974 and 1975 respectively. All others have already expired, UNICIPAL ELECTRIC UTILITY AssOCIA EXECUTIVE COMMITTEE Lewis Cooper, Jr., Chm. W. L. Radney, Jr. Vice-Chm. H. S. St. John, Sr. Secy.-Treas. Frank Gwaltney Warren E. Morris Sewell St. John, Jr. OF ALABAMA P. ❑. BOX 404 - TROY, ALASAMA 3SO81 DIRECTORS Curtis Amberson J. E. Head .John Heard C. M. Keever E. Jack Kirk Page # 2 Robt. McLendon Ed. M. Wright In the meantime we have intervened along with the Co-operatives before the Atomic Energy Commission in the licensing of Alabama Power Co. to construct the Farley Nuclear Plant near -Dothan. A prehearing conference will be held very soon, and this will be followed by the hearing within a few weeks. In this hearing AEC is to determine whether granting APCo a license would be in violation of the anti-trust laws and whether the Municipalities should be granted a more direct participation in this project than they would receive by merely purchasing some of the output of the plant at the prescribed rates. The Alabama Power Co. is expected to obtain at least a portion of their proposed rate increase pending before the FPC. So the Municipalities should regard the new tariff with its terms and conditions as being tentatively approved (at least in part). Therefore careful and deliberate planning by the Cities involved should be started to determine the proper rate adjustments needed by them after the new APCo rate is applied to them. Attention is directed to the section of the proposed general terms and conditions requiring six months advance notice of any increased capacity you may require from the Power Co., the two year advance notice of new delivery points, and five year load predictions at each delivery point. Attention is specifically directed to the section of the general conditions permitting the rate to be changed or increased at any time by -the Alabama Power Company by merely filing a new schedule with the FPC. Then should the Cities elect to prevent its approval by FPC, they must promptly file intervention proceedings backed up by technical and legal arguments. In view of all the foregoing, and in order to discuss with you more fully various aspects of our several cases, and to answer your questions, and to offer any advice that we can, we think it wise to have a meeting of the directors and other interested City Officials in Montgomery at a mutually agreed upon time between now and August 5th.' Friday, August 4.th has tentatively been set as the date. Ten AM will probably be the hour and the place will be announced later. Yours very truly,. Secretary-Tre urer