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HomeMy WebLinkAbout04-24-2000 Regular Meeting2463 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; 161 North Section Street; Fairhope, Alabama 36532; on Monday, 24 April 2000. Present were Mayor Pro -temp Michael A. Ford; Councilmembers John V. Duck, Debbie W. Quinn, William H. Jones; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. Mayor James P. Nix, and Councilmember Jeanette Puckett were absent. There being a quorum present, Mayor Pro -temp Ford called the meeting to order. Councilmember Duck moved to approve minutes of the 10 April 2000, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. Mayor Pro -temp Ford announced that the City received a plaque for the best Recycle Program in the County. The plaque will be presented later during the meeting. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance 557. Councilmember Jones introduced in writing Ordinance No. 1081. The Planning & Zoning Commission recommends approval of this ordinance. An ordinance to Re -zone Fairhope United Methodist Church Property from R-2 Single Family Residential to P1-Parking, Located East of Oswalt Street and North of Cole Court. No one present was opposed to the amendment. In order to take immediate action Councilmember Duck moved to suspend the rules. Seconded by Councilmember Jones, motion to suspend the rules passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Duck then moved for final adoption of Ordinance No. 1081. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. 2464 24 April 2000 A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance 557. Councilmember Jones introduced in writing Ordinance No. 1082. The Planning & Zoning Commission recommends approval of this ordinance. An ordinance to Zone Madeline Berglin property to establish a Planned Unit Development, concurrent with annexation. The property is located South of Rock Creek Phase V & VI and East of existing Rock Creek. Trae Corte was opposed to the passing of this ordinance. Mr. Corte stated, that Mrs. Berglin did not have a 60ft right-of-way on the South Drive, but she has a 30ft easement to her property. Mr. Corte further stated that if the City passed this ordinance allowing utilities to be loop through South Drive then the Courts would determine who had the right to do this, but if the City passed this ordinance but did Not allow the utilities to be looped through South Drive then nothing else would be said. Mayor Pro -temp Ford referenced the minutes of 14 June 1999, and 2 August 1999, and the newspaper articles of 16 June 1999, stating that in good faith an agreement was reached to allow the looping of utilities through South Drive. Mr. Jim Tanner expressed that the minutes were incorrect, and that he only agreed to consider the request of looping utilities through South Drive. After further discussion, Councilmember Jones moved to suspend the rules. Seconded by Councilmember Duck, motion to suspend the rules passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Duck then moved for final adoption of Ordinance No. 1082. Seconded by Councilmember Jones, motion for final adoption passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Jones introduced in writing Ordinance No.1083. An ordinance amending Ordinance 1048 - Sewer Maintenance Fee to twelve dollars ($12.00) per front foot, per lot of property served. 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, Quinn, Ford, and Jones. NAY -none. Councilmember Jones then moved for final adoption of Ordinance No. 1083. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. 2465 24 April 2000 Councilmember Quinn introduced in writing Ordinance No.1084. An ordinance Annexing River Mill Subdivision Unit IV, 19.6 acres more or less. In order to take immediate action Councilmember Duck moved to suspend the rules. Seconded by Councilmember Jones, motion to suspend the rules passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Jones then moved for final adoption of Ordinance No. 1084. Seconded by Councilmember Duck, motion for final adoption passed unanimously by the following vote: AYE - Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Duck introduced in writing Ordinance No.1085. An ordinance Annexing Annie B. Carter property, located at 19363 Greeno Road,.33 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, Quinn, Ford, and Jones. NAY -none. Councilmember Duck then moved for final adoption of Ordinance No. 1085. Seconded by Councilmember Jones, motion for final adoption passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Jones introduced in writing Ordinance No.1086. An ordinance Annexing Fairfield Subdivision, excluding Lot 45. 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, Quinn, Ford, and Jones. NAY -none. Councilmember Jones then moved for final adoption of Ordinance No. 1086. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Duck, Quinn, Ford, and Jones. NAY -none. Councilmember Duck introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Jones, motion passed unanimously. 24 APRIL 2000 2466 RESOLUTION N0.6900 WHEREAS, the Council of the City of Fairhope, Alabama, (herein called the "Council") has been informed by The Special Care Facilities Financing Authority of the City of Daphne -Villa Mercy (herein called the "Daphne Authority") that Mercy Medical, A Corporation, an Alabama non-profit corporation operating facilities in the City of Daphne, Alabama, the City of Fairhope, Alabama and Baldwin County, Alabama (hereinafter sometimes referred to as "Mercy Medical"), has requested consideration of a bond issue (the "Series 2000 Bonds") by the Daphne Authority in the amount of not to exceed $18,000,000 for various qualifying purposes pursuant to Title 11, Chapter 62, of the Code of Alabama, 1975, as amended; and WHEREAS, the project for Mercy Medical includes (i) building and equipping an anticipated thirty-six (36) independent living facilities in Fairhope, Alabama, to be constructed in,four (4) separate phases of nine (9) units each, to be adjacent to the existing assisted living facility known as "Carroll Place," which facilities shall be known as "The Hamlet" (the "Fairhope Independent Living Project"), (ii) building and equipping an anticipated 94-bed skilled nursing facility in Baldwin County, Alabama (the "Baldwin Skilled Nursing Project"), (iii) building and equipping an assisted living facility in Daphne, Alabama, consisting of an anticipated 60 units, to be adjacent to the Baldwin Skilled Nursing Project (the "Daphne Assisted Living Project"), (iv) improving and equipping the existing assisted living facility known as "Carroll Place," in Fairhope, Alabama (the "Carroll Place Project"), (v) reimbursing Mercy Medical for certain capital expenditures related to the purchase and development of the 38 acres (and up to an additional 40 acres contiguous to those 38 acres) on which the Baldwin Skilled Nursing Project and the Daphne Assisted Living Project are to be constructed, (vi) financing certain capital improvements and equipment and (vii) paying the costs of issuance of the Series 2000 Bonds; and WHEREAS, the Fairhope Independent Living Project is located at 19606 Greeno Road, Fairhope, Alabama 36532. Both the Baldwin Skilled Nursing Project and the Daphne Assisted Living Project are anticipated to be roughly located at Parker Lane, at and along the intersection of County Highway 13, approximately adjacent to the City of Daphne, Baldwin County, Alabama. The Carroll Place Project is located at 50 Spring Run, Fairhope, Alabama 36532. The reimbursement to Mercy Medical relates to the acquisition and improvement of the 38 acres (and up to an additional 40 acres contiguous to those 38 acres) located at the sites of the Baldwin Skilled Nursing Project and the Daphne Assisted Living Project set forth above. The capital improvements and equipment are for a Mercy Medical facility located at 104 South Section Street, Fairhope, Alabama 36532; and WHEREAS, the Initial Owner of the facilities is (or will be) Mercy Medical; and WHEREAS, Mercy Medical has advised the Daphne Authority and the Council that consolidation of all of the funding of the various projects to be funded into a single bond issue issued by the Daphne Authority would greatly facilitate and case the complexity of the proposed financing; and 11.297927.1 24 APRIL.,;2000 2467 WHEREAS, Title 11, Chapter 62, of the Code of Alabama, 1975, as amended, provides in Section 11-62-1(8) that the Daphne Authority may finance a facility location within the corporate limits of a municipality other than the determining municipality only if the municipality other than the determining municipality shall so approve by resolution duly adopted by the governing body of such other municipality consenting to the actions in respect to such facility proposed to be taken by such authority; and WHEREAS, the City of Fairhope, Alabama, has been requested to so consent in order to accomplish the public purposes to be served by the proposed bond issue by the Daphne Authority; WHEREAS, on the 10 day of APRIL , 2000, the Council approved of the publication of the hearing and approved that hearing and the location of the hearing in Daphne; and WHEREAS, notice of a public hearing was duly given and a public hearing was duly held on April 17, 2000, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") . NOW, THEREFORE, BE IT RESOLVED iliat the City of Fairhope, Alabama, does hereby consent to the above -described financing by the Daphne Authority pursuant to Section 147(f) of the Code. BE IT FURTHER RESOLVED that the City of Fairhope, Alabama does hereby consent to the actions proposed to be taken by the Daphne Authority in respect of such facility. ADOPTED this 24"' day of April, 2000. (SEAL) Attest: I /o City "-.ZOZ 11.297927.1 -2- 24 April 2000 2468 Jack Stipes addressed to City Council requesting that his request for Public Information be withdrawn and placed on the Agenda for the next regular Council meeting. Richard Graham addressed the City Council for Betty Rejczyk proposing to complete a project that has been started at 200 South IVbbile Street, terracing the bluff overlooking the bay. On 23 February 2000, a permit was issued to Graham's Construction to terrace the bluff to save an historic tree perched at the apex Work was started on the 23rd of February by cleaning the bluff and adjacent area, and the debris disposed of. Construction of the terrace wall was interrupted on 19 April 2000, because it was learned that the terraces were being constructed on city property. The building officials of the City of Fairhope agree that the tree in question does need to be saved, for historic value, as well as for preservation of the bluff. It was discussed with Mr. Baker and Mr. Rutherford that the City of Fairhope did not have the funds at this time to terrace this bluff and sa\e the tree. Mrs. Rejczyk proposes, with the Council's permission, to continue to fund this project, and in return be allowed to install a gazebo and a deck on the middle terrace. The deck and gazebo would be open for public use, and would be accessible from the park. Mrs. Rejczyk would also assume the responsibility of maintaining this terracing project, as well as any landscaping and grounds maintenance that is needed. Mayor Pro -temp Ford stated that the Citywould still be responsible for the property. Councilmember Quinn moved to layover Mr. Graham's request. Seconded by Councilmember Duck, motion passed unanimously. Willie Williams addressed the City Council to present the Meets and Bounds of proposed annexation of South Fairhope. The Meets and Bounds were faxed to Mr. Baker early today. Mr. Baker nor the Council have had an opportunity to review the document for accuracy. Mr. Williams continued to ask for the right to vote in a referendum. The Council nor the City Clerk still has not received a petition from Mr. Williams with 60% of the landowners. Mayor Pro -temp Ford expressed that until all criterions were met he could not vote on this issue. Mr. Williams requested a letter from the Mayor stating such. This information will then be forward to the Justice Department. Mayor Pro -temp Ford stated that once the Mayor returned to his office a letter could be drafted stating the results of this meeting. 2469 24 April 2000 Councilmember Jones moved to update the Volunteer Fire Department Roster by adding Jimmy Cantrell for insurance coverage. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Quinn so moved update the Reserve Officer Roster by adding James Brunson, Charles Duff, and Chris Miller for insurance coverage. Seconded by Councilmember Duck, motion passed unanimously. Councilmember Jones and his committee reported that Mr. Kant has placed a traffic counter in the area of White Avenue and Summit Street. The committee will report back to the City Council at the next regular council meeting. This is a request by Mr. Robert D. Drummond Jr. requesting the placement of a Stop Sign, and speed limit sign at the intersection of White Avenue and Summit Street. Identification: "CONCRETE" Bids opened on: April 13, 2000 at: 2:00 p.m. (Annual Bid for 3000 lb. & 4000 lb. delivered Concrete Mix to be used by the City of Fairhope). Approximate amounts to be used for year: 1,200 yds of 3000 pound mix & 1,500 yds of 4000 pound mix REYNOLDS READY MIX, LLC, Foley, AL Less than Truck Load Quantity 3000 Mix: $64.43 per cu. yd. Truck Load Quantity 3000 Mix: $64.43 per cu. yd. Less than Truck Load Quantity 4000 Mix: $68.35 per cu. yd. Truck Load Quantity 4000 Mix: S68.35 oar cu. vd. MORRIS CONCRETE CO, LLC, Creole, AL Less than Truck Load Quantity 3000 Mix: $67.50 per cu. yd. Truck Load Quantity 3000 Mix: $63.50 per cu. yd. Less than Truck Load Quantity 4000 Mix: 569.50 per cu. yd. Truck Load Quantity 4000 Mix: $65.50 per cu. yd. No response received from BAYOU CONCRETE CO. Mobile, AL SOUTHERN READY MIX, INC. Theodore, AL It is recommended to accept the bid of REYNOLDS READY MIX, LLC, Foley, AL for at i64.43 per cu. yd. for 3000 Concrete Mix and $68.35 per cu. yd. for 4000 Concrete Mix. Price will be the same for truck load quantities and less than truck load quantities. All specifications have been met Note: Most concrete the City orders is less than truck load quantities, thus pricing will be less with Reynolds Ready Mix. Tim Kant, Wayne Smith, Public Works Supt. Purchasing Agent 2470 24 April 2000 Councilmember Duck moved to accept the low bid of Reynolds Ready Mix, Foley, Alabama, provided all specifications are met. Seconded by Councilmember Quinn, motion passed unanimously. Identification: "TRENCHER -ELECT DEPT" Bids opened on: April 20, 2000 at: 2:00 p.m. TRENCHER - Electric Department DITCH WITCH OF MOBILE, Mobile, AL $40,554.82 30-Days Ditch Witch 3700 COASTAL MACHINERY CO. SPECIFICATIONS NOT MET 30-Days Pensacola, FL $35,704.00 Case 460 SPECIFICATIONS NOT MET $40,546.00 Case 560 M & I FORD TRACTOR CO., Daphne, AL SPECIFICATIONS NOT MET 10-Days $38,410.05 Burkeen B-36B VERMEER, Pensacola, FL NO BID It is recommended to accept the bid of DITCH WITCH OF MOBILE, Mobile, AL. for the price of $40,554.82 with all specifications being met. Aaron Norris, Wayne Smith, Electrical Supt. Purchasing Agent Councilmember Duck moved to accept the low bid of Ditch Witch of Mobile, Mobile, Alabama, provided all specifications are met. Seconded by Councilmember Jones, motion passed unanimously. Councilmember Duck moved to address an item not on the printed agenda. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Jones introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Quinn, motion passed unanimously. 2471 24 April 2000 Resolution No. 694-00 WHEREAS, the Owners of Rock Creek Phase 6 desire to have all public streets and rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama as Instrument Number 523766 dated December 10, 1999 and all utilities located in easements and in rights -of -ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the developer has provided a Maintenance Bond which guarantees that the public improvements are constructed to City standards, and; WHEREAS, the City of Fairhope, Alabama has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible for the maintenance of common areas in the subdivision as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama has received from the owners of Rock Creek Phase 6 a maintenance bond for the public improvements constructed for a period of 2 years from the date of the approval of this Resolution, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements for Rock Creek Phase 6 are hereby accepted for public maintenance subject to the bond posted. Attest: EWA Adopted, this 24th day of April , 2000 2472 24 April 2000 Tim Kant presented the plaque awarded to the City of Fairhope for the best Recycle Program in the County. The place was given by the Mobile Estuary. There being no further business to come before the Council the meeting was duly adjourned at 6:27 p.m. c Michael ,%. Ford, Mayor Pro -temp Geniece W. John on, City Clerk