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HomeMy WebLinkAbout04-26-1999 Regular Meeting2283 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 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 26 APRIL 1 999. PRESENT WERE MAYOR NAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, WILLIAM H. JONES; AND CITY CLERK GENIECE W. JOHNSON. CITY ATTORNEY MARION E. WYNNE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER FORD MOVED TO APPROVE MINUTES OF THE 1 5 APRIL 1999 REGULAR MEETING. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING TO CONSIDER AMENDING THE PLANNED UNIT DEVELOPMENT REGULATIONS WILL BE CONTINUED AT THE NEXT REGULAR COUNCIL MEETING. A PROPOSED ORDINANCE TO AMEND THE MOBILE HOME DISTRICTS PROVISIONS WILL BE ADDRESSED AT THE NEXT REGULAR COUNCIL MEETING. COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE NO. 1049. AN ORDINANCE ANNEXING Jim GERAM PROPERTY, LOCATED AT JUBILEE LANE, FAIRHOPE, ALABAMA, 4.434 ACRES MORE OR LESS. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER QUINN MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE - DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1049. SECONDED BY COUNCILMEMBER PUCKETT, MOTION FOR FINAL ADOPTING PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. 2284 26 APRIL 1999 COUNCILMEMBER FORD INTRODUCED IN WRITING ORDINANCE NO. 1050. AN ORDINANCE ANNEXING FAIRHOPE SINGLE TAX CORPORATION PROPERTY, LOCATED AT 8478 TWIN BEECH ROAD, FAIRHOPE, ALABAMA, 59.22 ACRES MORE OR LESS. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER DUCK MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER QUINN MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER JONES THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1050. SECONDED BY COUNCILMEMBER QUINN, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. 26 APRIL 1999 RESOLUTION NO. 63 1 -99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA 2 . .. C'; 2285 WHEREAS, THE COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA (HEREIN CALLED THE "COUNCIL") HAS HERETOFORE ADOPTED RESOLUTION NO. 572-97 CONSENTING TO CERTAIN FINANCING OF FACILITIES IN THE CITY OF FAIRHOPE, ALABAMA BY THE NEXT IDENTIFIED "AUTHORITY"; AND WHEREAS, THE SPECIAL CARE FACILITIES FINANCING AUTHORITY OF THE CITY OF DAPHNE-VILLA MERCY (THE "AUTHORITY") HAS HERETOFORE ADOPTED A BOND RESOLUTION AND A RESOLUTION WITH RESPECT TO A PUBLIC HEARING, EACH AS OF AUGUST 1 5, 1997 (THE "PRIOR RESOLUTIONS") ; AND WHEREAS, IN ACCORDANCE WITH SUCH PRIOR RESOLUTION, THE AUTHORITY HAS HERETO FORE ISSUED $28,500.000 OF ITS REVENUE BONDS, SERIES 1997 (MERCY MEDICAL PROJECT) (THE 11BONDS"); AND WHEREAS, THE PROCEEDS OF THE BONDS WERE LOANED TO MERCY MEDICAL, A CORPORATION (THE "BORROWER") PURSUANT TO A LOAN AGREEMENT DATED AS OF SEPTEMBER 1, 1997 (THE "LOAN AGREEMENT); AND WHEREAS, IN ACCORDANCE WITH SECTION 4.02 OF THE LOAN AGREEMENT, THE BORROWER RESERVED THE RIGHT TO REVISE THE DESCRIPTION OF THE NEW MONEY PROJECT AS SET FORTH IN EXHIBIT B TO THE LOAN AGREEMENT FROM TIME TO TIME; AND WHEREAS, THE BORROWER NOW WISHES TO REVISE EXHIBIT B TO READ AS SET FORTH ON A REPLACEMENT EXHIBIT B IN THE FORM ATTACHED HERETO, AS CERTIFIED BY THE BORROWER; AND WHEREAS, THE REVISION WILL RESULT IN THE FINANCING OF I I ADDITIONAL ASSISTED CARE UNITS AT THE "BIRCHES" LOCATED AT 50 SPRING RUN IN THE CITY OF FAIRHOPE, ALABAMA. NOW, THEREFORE, IT IS RESOLVED, THAT THE COUNCIL HEREBY ACKNOWLEDGES AND CONSENT TO THE REVISED NEW MONEY PROJECT. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY. ADOPTED THIS 26TH DAY OF APRIL , 1999. I, Geniece W. Johnson, City Clerk of the City of Fairhope, Alabama, do hereby certify that the attached is a true and correct copy of Resolution No. 631-99 passed and approved by the City Council of the City of Fairhope, Alabama, on the 26th day of April, 1999. Geniece W. Johnson, City Clerk Date 2286 26 APRIL 1 999:7 COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 632-99 BE IT RESOLVED that Mayor James P. Nix is hereby authorized to execute a contract between the CITY and MOORE ENGINEERING COMPANY to serve as consulting engineers to furnish such services as needed to establish 750 GPM well, water treatment building, aerator and other related facilities - Project No. 0986-023, at a fee of 7% Design and 3% supervision. Adopted This 261h Day les f Aril 1999. i i P. Nix, Mayor Attes : Geniece W. Johnson, ity Clerk COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 2287 26 APRIL 1 999 ' RESOLUTION NO. 633-99 THIRD AMENDMENT TO LEASE AND AIRPORT OPERATION AGREEMENT WHEREAS, Article Two of the Lease which is titled "Lease Premises" is hereby amended to delete the grass area between the access road to the ramp and the big hanger. This area is more specifically described in the drawing, which is attached hereto. The area being excluded is in red, AND; WHEREAS, by executing the Amendment the parties both agree that the designated area is excluded from the Lease Agreement, AND; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE that Mayor James P. Nix is hereby authorized to amend the Lease and Airport Operation Agreement dated June 28", 1995. Adopted This 261" Day of April 1999. w ' � am P. Nix, Mayor / V Attest: Geniece W. Johnson, City r Y I, Geniece W. Johnson , City Clerk of the City of Fairhope, Alabama, do hereby certify that the attached is a true and correct copy of Resolution No. 633-99 passed and approved by the City Council of the City of Fairhope, Alabama, on the 26th day of April, 1999. Geniece W. Johnson, City Clerk Date COUNCILMEMBER FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. 2288 26 APRIL 1999 1 RESOLUTION NO. 634-99 PETITION TO THE CITY OF FAIRHOPE FOR ASSENT FOR VACATION OF UTILITY EASEMENT STATE OF ALABAMA COUNTY OF BALDWIN Comes now CHARLES K. BRELAND, Managing Member of Bay Branch, L.L.C., hereinafter referred to as "Breland" and DELORA PATE, hereinafter referred to as "Pate", and respectively represent and show unto the City of Fairhope, as follows: 1. The Petitioner Breland is the owner of the following described real property located within the city limits of the City of Fairhope, to -wit: Lots 9, 44 and 27, Spring Lake as recorded on Slide No. 1871A in the Office of Judge of Probate, Baldwin County, Alabama. 2. That the recorded plat of said subdivision shows a fif teen (15) foot utility easement located along the East boundaries of Petitioner Breland's lots 9 and 44 and West boundary of Lot 27 and a copy of said subdivision plat is attached hereto as Exhibit "A". 3. That the Petitioner Pate is the owner of the following described real property located within the city limits of the City of Fairhope, to -wit: Lot 26, Spring Lake as recorded on Slide No. 1871A in the Office of Judge of Probate, Baldwin County, Alabama. 4. That the recorded plat of said subdivision shows a fifteen (15) foot utility easement located along the West boundary of Petitioner Pate's lot 26 and a copy of said subdivision plat is attached hereto as Exhibit "A". 5. That the width of said fifteen (15) foot utility easement interferes with the full use of Petitioner Breland and Petitioner Pate's property and therefore the Petitioners request vacation of the interior five (5) feet of said utility easement. There would remain a ten (10) foot utility easement along said East boundary of lots 26 and 27 and along the West boundary of Lots 9 and 44. 2289 26 APRIL 1 999 6. That the vacation of five (5) feet of the utility easement along the East boundary of lot 27 of Petitioner Breland's property and the five (5) feet of the utility easement along the East boundary of lot 26 of Petitioner Pate's property and the vacation of five (5) feet of the utility easement along the West boundary of lots 9 and 44 of Petitioner's Breland property would not deprive or in any way be detrimental to the City of Fairhope nor other property owners. Therefore Petitioner Breland and Petitioner Pate pray that the City Council of the City of Fairhope, Alabama, would grant the following relief: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, That a Resolution be adopted by the City Council of the City of Fairhope, Alabama, assenting to the vacation of five (5) feet of the fifteen (15) foot utility easement which runs along the East margin of Lots 26 and 27 as shown on the recorded plat of said subdivision, and the vacation of five (5) feet of the fifteen (15) foot utility easement which runs along the West margin of Lots 9 and 44, as shown on the recorded plat of said subdivision, that a certified copy of said Resolution be furnished to said Petitioners to be a attached to, filed, and recorded with the written Declaration of Vacation as provided by Section 23-4-20, Code of Alabama, -1975. ADOPTED THIS 26T" DAY OF APRIL ,1999 ix, Attest: eniece W. Johnson, Ci erk I, Geniece W. Johnson , City Clerk of the City of Fairhope, Alabama, do hereby certify that the attached is a true and correct copy of Resolution No. 634-99 passed and approved by the City Council of the City of Fairhope, Alabama, on the 26th day of April, 1999. Geniece W. Johnson, City Clerk Date 2290 26 APRIL 1999 � .._3 COUNCILMEMBER DUCK MOVED TO GRANT THE REQUEST OF FAIRHOPE SINGLE TAX CORPORATION TO PLACE A SIGN ON CITY PROPERTY AT THE BEACH FRONT PARK (COLONIAL INN AREA), LOCATED AT THE INTERSECTION OF FELS AND SCENIC Hwy 98, AND ON THE FAULKNER STATE CAMPUS. THE FSTC MUST WORK WITH THE STREET COMMITTEE ON THE AREAS THAT THE SIGNS WILL BE PLACED. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. MAYOR NIX RECOGNIZED NUDGE WILTERS SEATED IN THE AUDIENCE. A REPRESENTATIVE FOR THE JUBILEE SHORES UNITED METHODIST CHURCH ADDRESS THE COUNCIL REQUESTING TO USE THE FAIRHOPE CIVIC CENTER AND THE JAMES P. NIX CENTER TO HOLD REGULAR CHURCH SERVICES FOR APPROXIMATELY SIX (6) MONTHS, UNTIL THEIR NEW CHURCH IS BUILT. AFTER DISCUSSION, COUNCILMEMBER DUCK MOVED THE GRANT THE REQUEST PROVIDED THAT THE CIVIC CENTER AND JAMES P. NIX CENTER REQUIREMENTS ARE MET. AFTER MORE DISCUSSION. COUNCILMEMBER DUCK WITHDREW HIS MOTION, AND COUNCILMEMBER FORD ASKED TO HOLD THIS ISSUE OVER TO THE NEXT REGULAR COUNCIL MEETING TO GIVE THE COUNCIL TIME TO REVIEW THE REQUIREMENT FOR BOTH FACILITIES. MR. MIKE JONES, A RESIDENT OF BAYVIEW AVENUE, ADDRESSED THE COUNCIL REQUESTING THAT A THREE-WAY STOP SIGN BE INSTALLED AT THE FOOT OF ATKINSON LANE AND BAYVIEW AVENUE. MAYOR NIX ASSIGNED THIS ISSUE TO THE STREET COMMITTEE, AND TO REPORT BACK AT THE NEXT REGULAR COUNCIL MEETING. MAYOR NIX OPENED THE FLOOR FOR NOMINATIONS TO THE MID -TOWN MEDICAL CLINIC BOARD TO REPLACE ARTHUR MANNICH (DECEASED). COUNCILMEMBER DUCK MOVED TO APPOINT BOBBY MANNICH AND TO RE- APPOINT ARTHUR "Hop" ALLEN, AND JAMES BARRETT. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. 2291 26 APRIL 1999 Identification: Mowers - Public Works- Recreation Dept Bids to be opened on: April 23, 1999 at 10:30 a.m. Two (2) - 72" Rear Discharge Mowers for Public Works. One (1) - 72" Rear nischarnp Mnwpr nnri Onp (1) -inn,, 5-Rppl Mnwar VENDOR: TOTAL TOTAL BID DELIVE PRICE: AMOUNT: ►Y . (5 YR LEASE PUR.) TIECO $68,400.00 $ 79,368.60 30 DAYS Pensacola, FL JERRY PATE TURF SUPPLY $70,336.00 $ 80,815.80 20 DAYS Pensacola, FL BEARD EQUIPMENT COMPANY $74,798.00 $ 85,314.00 10 - 14 Pensacola, FL DAYS M 8 I FORD DID NOT MEET Daphne, AL SPECIFICATIONS MOBILE TRACTOR, INC. NO RESPONSE Mobile, AL rt 15 recorrimenueu to accept the lease or I leco, Pensacola, hL Tor the I V I AL PRICE o1368,400.00 with all specifications being met. Clint Steadham Asst. Purchasing Agent COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. RESOLUTION NO. 635-99 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO AWARD THE LOW BID OF TIECO OF PENSACOLA, FLORIDA FOR THE PRICE OF $68,400.00, PROVIDED THAT ALL SPECIFICATIONS ARE MET. JAMES P. NIX AND GENIECE W. JOHNSON, MAYOR AND CITY CLERK -TREASURER RESPECTIVELY ARE HEREBY AUTHORIZED TO PROVIDE AND COMPLETE THE PROPER PAPER WORK TO EXECUTE A FIVE (55) YEAR LEASE PURCHASE AGREEMENT TO PURCHASE THE MOWERS. ADOPTED THIS 26TH DAY OF APRIL , 1 999. AME P. Nix, MAYOR ATTEST: ' GENIECE W. JOHNSON/ ITY CLERK 2292 26 APRIL 1999 Identification: "UTILITY TRUCK" Bids opened on: April 20, 1999 at: 10:00 a.m. Tnrrk to ranlarn n/r1 trash Mirk MOYER FORD SALES $26,203.65 60-90 Days Foley, AL Ford Super F-450 ORVILLE BECKFORD $27,110.00 60-90 Days Milton, FL Ford Super F-450 McConnell ALTERNATE BID 90-120 Days AUTOMOTIVE, Mobile, AL $23,142.00 GMC 3500 HD Gasoline BAY CHEVROLET NO RESPONSE Mobile, AL CHAMPION DODGE NO RESPONSE Mobile, AL STEBER CHEVROLET NO RESPONSE Daphne, AL BAYVIEW FORD NO RESPONSE Da hne, AL TREADWELL FORD NO RESPONSE Mobile, AL TRAIL PONTIAC-GMC MnhHp Al NO RESPONSE It is recommenoeo to accept the low bid of MOYER FORD SALES, Foley, AL for the total price of $26,203.65 with all specifications met. Tim Kant, Public Works Supt. Clint Steadham, Assistant Purchasing Agent COUNCILMEMBER JONES MOVED TO ACCEPT THE LOW BID OF MOYER FORD SALES, FOLEY, ALABAMA, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. 2293 26 APRII_ 1999 Identification: "COMPUTER SYSTEM" Bids to be opened on: April 22, 1999 at: 10:30 a.m. (Comouter Svstem for Accounts Pavable. Inventorv. Purchasina & Accountina) INTROWORKS, INC. $18,000.00 3-Weeks Madison, MS IBM 9406-170 AXIOM TECHNOLOGIES $20,624.00 14-Days Canton, GA IBM 9406-170 SOURCE DATA PRODUCTS $21,134.00 30-Days Fountain Valley, CA IBM 9406-170 IBM Corp. Atlanta, GA NO RESPONSE COMPUTER MARKETING NO RESPONSE OF AMERICA, INC. Old Hickory, TN TAILORED BUSINESS NO RESPONSE SYSTEMS Statesboro, GA NATIONAL COMPUTER SALES NO RESPONSE 5453 West Waters Av. Building B, Suite 103 Tampa, FL 33634 GEORGIA 400 607 Ridge Crossing Dr. NO RESPONSE Woodstock, GA 30189 ETA DATA DIRECT, INC. Attn: Ted Dale NO RESPONSE P.O. Box 91122 Mobile, AL 36691 MINI -MAX INFORMATION SYSTEMS, INC. NO RESPONSE 9900 Shelbyville Rd. Suite 6 Louisville, KY 40223 PACE/BUTLER CORP. NO RESPONSE 13900 Harvey Av. It is recommended to accept the low bid of Source Data Products Fountain Valley, CA for $ 21,134.00 with all specifications being met. Randy Holloway Jr. Wayne Smith, Triangle Consulting Services Purchasing Agent 2294 26 APRIL 1999 � ;='-t; "7 COUNCILMEMBER JONES SO MOVED TO ACCEPT THE LOW BID OF SOURCE DATA PRODUCTS FOUNTAIN VALLEY, CALIFORNIA, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DEBBIE QUINN ANNOUNCED THAT THERE WILL BE A HISTORICAL HOME TOUR ON MAY 2, 1 999, AT 1 :00 - 4:00 P.M. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6:03 P.M.