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HomeMy WebLinkAbout08-12-1991 Regular Meeting1210 STATE OF ALABAMA X COUNTY OF BALDWIN X 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, 12 August 1991. Present were Mayor James P. Nix; Councilmembers Roy C. White, Jeanette Puckett, David E. Bishop, Michael A. Ford, and John V. Duck; 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 22 July 1991 regular session were duly approved. Before beginning the Agenda business, Mayor Nix asked the owner and general manager of WABF, Mr. Robert (Bob) Clark, to come forward. The Mayor then read, and presented to Mr. Clark, a formal proclamation naming August 12th "WABF Day" in the City of Fairhope in honor of their 30th year of radio broadcasting. A public hearing was held, as advertised, on an ordinance to rezone Fairhope Single Tax property leased to Greeno Properties North II, Ltd, (Herman Maisel), located on Greeno Road adjacent to the Food World Shopping Center, from B4 Business & Professional Offices to B2 General Business. Building Official Bob Lunsford reported the Planning & Zoning Commission recommends approval of the rezoning request. No one present expressed opposition to the rezoning. Councilman Duck introduced Ordinance No. 884, in writing, to amend Zoning Ordinance No. 557 by rezoning the property. In order to take immediate action, Councilman Duck moved to suspend the rules. Seconded by Councilman White, motion to suspend passed unanimously by the following vote: AYE -White, Puckett, Nix, Bishop, Ford, and Duck. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 864. Seconded by Councilman Bishop, motion to final adopt passed unanimously by the following vote: AYE -White, Puckett, Nix, Bishop, Ford, and Duck. NAY - none. A public hearing was held, as advertised, on an ordinance to rezone DoLeen, Inc., (Matt Dial) property, located in Quail Creek Estates on Quail Creek Drive, from R2 Medium Density Single Family Residential to R-3PGH Patio Garden Homes. Building Official Bob Lunsford reported the Planning $ Zoning Commission recommends approval of the rezoning request. No one present expressed opposition to the rezoning. Councilman Bishop intro- duced Ordinance No. 8853, in writing, to amend Zoning Ordinance No. 557 by rezoning the property. In order to take immediate action, Councilman Bishop moved to suspend the rules. Seconded 1211 12 August 1991 by Councilwoman Puckett, motion to suspend passed unanimously by the following vote: AYE -White, Puckett, Nix, Bishop, Ford, and Duck. NAY -none. Councilwoman Puckett then moved for final adoption of Ordinance No. 885. Seconded by Councilman Bishop, motion to final adopt passed unanimously by the following vote: AYE -White, Puckett, Nix, Bishop, Ford, and Duck. NAY - none. Council discussed purchasing approximately four -and -one- fourth acres located adjacent to Volanta Street Park, known as the Hjellum Property on Volanta Street. The land would be used for additional recreational facilities. Councilwoman Puckett moved to authorize the Mayor to negotiate a purchase price; take a six -months option to buy; and give $500.00 ernest money which is to be refunded if the city is not awarded a CDBG grant to pay for SO% of the cost. Seconded by Councilman Duck, motion passed unanimously. A public hearing was held, as advertised, on the proposed application for a 50/50 CDBG grant to be used for the purchase of the above property, if awarded. No one present offered any comments. Councilman Ford introduced, and moved for the adoption of, the following resolution in writing. Seconded by Councilman Duck, motion passed unanimously: RESOLUTION NO._931,J l WHEREAS, the City of Fairhope, Alabama, proposes to acquire recrea- tional resources for an addition to Fairhope Park to provide for the health and well being of the general public, and WHEREAS, the City of Fairhope intends to make application to the Alabama Department of Economic and Community Affairs for grant as- sistance from the Y.y. 1991 Land and Water Conservation Fund or Alabama Recreation Capital Development Assistance Fund, and WHEREAS, said programs are limited to funding a maximum of fifty (50%) percent of the proposed project costs estimated at 585,000.00, which will be used to acquire approximately 4.5 acres of lend adjacent to Fairhope Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope. Alabama, as follows: Section 1. That the City of Fairhope submit an application for a F.Y. 1991 LAnd and Water Conservation Fund grant in the amount of $42, 500.00 for the purpose of acquiring land adjacent to Fairhope Park. Section 2. That the City of Fairhope hereby commits the amount of no less than $42,500.00 to match the requested grant should grant funds become available. Section 3. That the City of Fairhope will sign the required assur- ances, and comply with all State and Federal requirements should the grant be awarded, and a grant agreement be executed: Section 4. That James P. Nix, in his capacity as Mayor, is hereby authorized and directed to submit said grant application on behalf of the City of Fairhope. PASSED, ADOPTED AND APPROVE)Ja s 12th day Of August, 1991. P esP. Nixr of Fairhope Attest: Evelyn P. Phillips, C' y Clerk 12 August 1991 1212 Councilman Bishop introduced, and moved for the adoption of, the following resolution in writing. Seconded by Councilman Duck, motion passed unanimously: (Res. No. 343-91 on the following three pages.....) 12 August 1991 1213 n",If%T f7TTf%XT No. 35,3-n "WHEREAS, Alabama Municipal Electric Authority, a public cprporation of the State of Alabama, organized and existing under the laws of the State of Alabama ("the Authority"), and the City of Fairhope, a municipal corporation of the State of Alabama and a member of the Authority ("the City") have heretofore entered into an Amended and Restated Power Sales Contract dated for convenience as of May 1, 1986, respecting the provision to the City of bulk electric power and energy (hereinafter referred to as "the Contract"); and "WHEREAS, the Authority has entered into other agreements denominated Amended and Restated Power Sales Contracts with 10 other public enti- ties that are presently members of the Authority substantially identical to the aforesaid Amended and Restated Power Sales Contract (said 10 pub- lic entities and the City being herein together called "the Participating Members"); and "WHEREAS, in Section 4(a) of the Contract, the Authority is authorized to undertake Projects (as defined in the Contract) to be included in the System (as defined in the Contract) from time to time which are necessary or desirable to enable the Authority to fulfill satisfactorily its obligations under the Contract; and "WHEREAS, pursuant to Section 4(b) of the Con- tract, approval of the Authority's Board of Di- rectors and at least 75% of the aggregate weighted votes of the Participating Members not 12 August 1991 1214 then in default under any of the provisions of their respective Amended and Restated Power Sales Contracts with the Authority is required as a condition to the undertaking by the Author- ity of any Project (defined as aforesaid) requiring the issuance of Bonds (as defined in the Contract) by the Authority in connection therewith; and "WHEREAS, the Board of Directors of the Authori- ty is desirous of the Authority prepaying the cost of acquiring up to 80 megawatts of firm capacity to be purchased by the Authority from Alabama Power Company pursuant to the provisions of a Firm Power Purchase Contract between the Authority and Alabama Power Company, dated for convenience as of April 29, 1991, the acquisi- tion of such capacity constituting a Project that is to be included in the System, the acqui- sition of which the Authority anticipates will reduce the Authority's power supply costs from Alabama Power Company and, in turn, the amounts. that otherwise would be charged each of the Par- ticipating Members; and "WHEREAS, the prepayment of the cost of said firm capacity would require the issuance of Bonds by the Authority to finance the cost thereof; and "WHEREAS, the Board of Directors of the Authori- ty at its regular monthly meeting held on May 8, 1991, approved and consented to the Authority's undertaking the prepayment of such capacity as a Project; and �m 12 August 19991 1216 1215 "WHEREAS, in compliance with Section 4(b) of the Contract, the City of Fairhope, as a Participat- ing Member of the Authority, and is not in default under any of the provisions of the Con- tract, "NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Fairhope that the undertak- ing by the Authority as a Project of the pre- payment of up to 80 megawatts of firm capacity as hereinabove described would be in the best interest of the City of Fairhope, and such undertaking is therefore hereby approved and consented to as contemplated pursuant to the provisions of Section 4(b) of the Contract." ADOPTED THIS 12TH DAY OF AUGUST, 1991. Attest Evely P. Phillips City Jerk \0,44-4 - // i /lJ 4 a es T. Nix, Mayor - 3 - 12 August 1991 1216 Councilman Duck introduced, and moved for the adoption of, the following resolution. Seconded by Councilwoman Puckett, motion passed unanimously: RESOLUTION NO. 344-91 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That MOORE ENGINEERING COMPANY, of Fairhope, Alabama, is hereby retained as the City's consulting engineer on the relocation of gas lines in the Stapleton area, STATE HIGHWAY DEPARTMENT PROJECT NO. F193(14). Compensation for their services will be as per State Highway Department rules as the City will be reimbursed for the engineering cost by the State Highway Department. ADOPTED THIS 12TH DAY OF AUGUST, 1991. x, Mayor ity C4er Council reviewed a Club Liquor License application by Paul Cadenhead, dba SNEAKERS, located on the corner of Highway 98 and County Road 32. Proof of publications was received, the police approved the applicant, and no one present was opposed to the issuance of the license. Councilman White moved to approve the license. Seconded by Councilman Ford, motion passed unanimously. Council reviewed a Club Liquor License application by John C. Taylor of Frink, Inc., dba THE WASH HOUSE RESTAURANT, located on South Scenic 98. Proof of publications was received, the police approved the applicant, and no one present was opposed to the issuance of the license. Councilman Ford moved to approve the license. Seconded by Councilman Duck, motion passed unanimously. Councilman White moved to accept a right-of-way deed from the Fairhope Single Tax Corporation to the City on ESTELLA DRIVE, an unopened 50-foot wide street bounded on the east by Greeno Road, on the west by Ingleside Street, on the north by Thomas Brown leasehold, and on the south by Greeno Properties North, Ltd., and Glen Ingersoll leaseholds. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman White moved to proceed with the MARLOW WATER PROJECT with certain provisions: (1) the deadline for property owners to sign water user agreements and pay the $75.00 reduced tap fee is 1 October 1991, and (2) if Rainbow Retreats, 12 August 1991 1217 (Escapees, Inc.) is to be included, they must pay the $75.00/lot tap fees for all 107 residential lots and 1 commercial lot before 1 October 1991 and sign an agreement guaranteeing pay- ment of the minimum fee on each lot for 60 months before 1 October 1991. Seconded by Councilman Duck, motion passed unanimously. Council took the following action on bids: TO SUPPLY THE CITY FOR ONE YEAR WITH 89-PLUS OCTANE RATED UNLEADED GASOLINE Vendor Pepco Foley Radcliff Marine & Fuel Mobile Fletcher Oil Eight Mile Cost Delivery $0.7485 per gal 6 hours $0.7425 per gal 1 day $0.7145 per gal 12 hours Merrit Oil Company, Mobile; Delta Oil Company, Montrose; Walker Fuel Service, Mobile; and Mocar Oil Company, Pensacola, F1., offered No Bids. It is recommended to accept the low bid by Fletcher Oil Company as all specifications are met.--W.Smith, Purch. Agt. Councilwoman Puckett moved to accept the low bid by Fletcher Oil Company, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. Councilman Duck moved to pay bills as presented. Seconded by Councilman Ford, motion passed unanimously. Meeting was duly adjourned at 6:12 pm. s P. Nix, Mayor �J City C1 Ark