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HomeMy WebLinkAbout03-25-2002 Regular Meeting2858 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. 25 March 2002. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Pauline Anders and Cecil Christenberry; City Attorney Marion E. Wynne, and Acting City Clerk, Tyron D. Hoskins. Councilmember Debbie W. Quinn and City Clerk, Geniece W. Johnson were absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and the invocation was given by Dr. George Lassett of First Baptist Church. Councilmember Gentle moved to approve minutes of the 25 March 2002, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously. Mayor Kant presented a proclamation to Vicki Riggs of CARE House recognizing April as Child Abuse Prevention Month. Mayor Kant thanked Ms. Riggs for all their help and support. A request was made by Mayor Kant to hear a request from the Fairhope Library Board. Councilmember Anders moved to hear the request. Seconded by Councilmember Gentle, motion passed unanimously. Hollis Wiseman, Library Board chairman, stated that they have outgrown the current library and that the population has doubled. He stated that there were several problems with the building such as a leaking roof and inadequate heating and cooling. He also expressed a need for more staff workspace and citizen workspace. The recommended size for the library is 25,000 — 35,000 square feet. The Library Board recommended building a new library at the Nut Processing building for several reasons: • Location is already owned by the City of Fairhope. • Will keep the Library in Downtown Fairhope. • Only space in Downtown Fairhope large enough. • Location is across from Faulkner. Mayor Kant thanked the Library Board and all who came out in support of a new library. He also stated that it would be unfair to vote on this issue with Councilmember Quinn being absent. He further stated that the financial committee would need to review this recommendation, and hoped that they would be able to vote on this issue by the next council meeting. 2859 25 March 2002 Councilmember Anders moved to accept the 2000-2001 Audit. A copy of the 2000- 2001 Audit shall be spread upon the minutes of the City of Fairhope (under a separate cover). Seconded by Councilmember Gentle, motion passed unanimously. Xaiver Hartman and Dennis Sherrin of Hartman, Blackmon, and Kilgore, announced that the financial position of the City of Fairhope as of September 30, 2001, is clean and they thanked all City employees for their help and participation. Councilmember Gentle introduced in writing and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. 25 March 2002 Resolution No. 822-02 2860 WHEREAS, The City of Fairhope (Buyer) hereby desire to purchase Natural gas from Prior Energy Corporation, a Delaware Corporation (Seller). WHEREAS, Seller is in the business of providing natural gas supplies, transportation and risk management services; and, WHEREAS, Buyer and Seller desire to enter into a three-year natural gas sales agreement but have not yet finalized such agreement for final execution; and, WHEREAS, Subject to the terms and conditions set forth below, Buyer desired to purchase firm natural gas supplies and services from Seller and Seller wishes to provide such services to Buyer on an interim basis prior to execution of a three-year agreement; THEREFORE, in consideration of the premises and of the mutual covenants set forth below, Buyer and Seller agree as follows: 1. Purchase and Sale Commitment. Buyer agrees to purchase natural gas from Seller and Seller agrees to sell natural gas on a firm basis to Buyer under the terms and conditions set forth in the draft Natural Gas Purchase and Sale Agreement appended to this Agreement as Exhibit A for the term established below. Term. This Agreement has been prepared and executed by the Parties with the intent that it serves as an interim natural gas sales agreement prior to the finalization and execution of a definitive final agreement for the term specified in Exhibit A. The term of this Agreement shall commence on April 1, 2002, and it shall remain in full force in effect for a one (1) month term, and shall automatically extend for additional one (1) month terms unless written notice is provided by either Party at least thirty (30) days prior to the commencement of any subsequent month; provided, however, this Agreement shall terminate automatically if the Parties execute the document set forth in Exhibit A, or another mutually agreed upon replacement natural gas purchase and sale agreement. 3. Price. The price of natural gas sold under this Agreement is specific in the provisions of Exhibit A. 4. Quantity. The Maximum Daily Quantity ("MDQ") that Seller shall be obligated to sell to Buyer on any day in the Daily Contract Quantity specific in Buyer's No -Notice Service Agreement (No. ) with Gulf South Pipeline Company, LP, as it exists on the date of execution, or as it may be amended from time to time. 5. Notice. Notices shall be made in writing to the addresses listed for each Party as shown in Exhibit A NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor, Timothy M. Kant is hereby authorized to execute a contract between the City of Fairhope and Prior Energy Corporation to provide natural gas supplies, transportation and risk management services. Adopted and Approved this 5`h day of March , 2002. f , A V_ ' Tim thy M. ant, Yayor Att t: _ eniece W. Johnson, Cityer 2861 25 March 2002 Councilmember Ford introduced in writing and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. Resolution No. 823-02 WHEREAS, The construction on U.S. Highway 98 and Main Street in Daphne, Alabama, Baldwin County may necessitate the adjustment of the City of Fairhope Groundbed/Rectifier; and, (Project No. STPOA-465(522) WHEREAS, The Alabama Department of Transportation will reimburse the City of Fairhope for the relocation of the rectifier system, according to law; and, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute an Agreement for engineering services by consultant and utility project to relocate the Groundbed/Rectifier, located on U.S. Highway 98 in Daphne, Alabama. Duly Adopted This 251h Day of March , 2002. aTithy M. ant ayor Geniece W. Johnson/rity Clerk Councilmember Gentle introduced in writing and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. 25 March 2002 Resolution No. 824-02 2862 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute Supplemental Agreement No. 1 to the contract between the City of Fairhope and Southeastern Power Administration to provide for an increase in the City's utility capacity allotment of approximately 4 percent. Duly Adopted This 25th Day of March , 2002. Ti othy M. ant Mayor Councilmember Anders introduced in writing and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. Resolution No. 825-02 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a Lease Agreement between the City of Fairhope and Auburn University to use a location for a municipal water tank, tower, water well, and pumping station. The term of this Lease Agreement shall be for 50 years. Adopted this 251h day of March , 2002. jTi)mh! y M. ant, I ayor Attest: Geniece W. Johnson i y erk Councilmember Gentle introduced in writing and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. 25 March 2002 Resolution No. 826-02 2863 WHEREAS, the Owners of Jackson Place Phase I desire to have all public streets and right-of- ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, found on Slide 2068-F and all public utilities located in easements and in right-of- ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the General Superintendent of the City has indicated that the public improvements have been 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 Jackson Place Phase I 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 specified herein for Jackson Place Phase I are hereby accepted for public maintenance subject to the bond posted. Adopted, this 25 da of March , 2002 4Tithy MItant, ayor Atte Geniece W. Johnson, ity Clerk Councilmember Ford introduced in writing and moved for the adoption of the following resolution. Seconded by Councilmember Anders, motion passed unanimously. 25 March 2002 Resolution No. 827-02 2864 WHEREAS, the Owners of Idlewild Phase VI desire to have all public streets and right-of- ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, found on Slide 2068-E and all public utilities located in easements and in right-of- ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the General Superintendent of the City has indicated that the public improvements have been 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 Idlewild Phase VI 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 specified herein for Idlewild Phase VI are hereby accepted for public maintenance subject to the bond posted. Adopted, this 25 day of March , 2002 4thy v�M. ant, Payor Attest: eniece W. Johnson, C't16rk Councilmember Anders moved to grant the request of Theatre 98, requesting permission to sublease the theater building to Karen Cater for two weeks from June 17, 2002, through June 28, 2002, for a youth drama camp. Seconded by Councilmember Christenberry, motion passed unanimously. This sublease will be governed by all sublease requirements. 2865 25 March 2002 Councilmember Christenberry moved to grant the request of Bayshore Construction requesting permission to construct a temporary sidewalk at the new First National Bank of Baldwin County on Fairhope Avenue located across from Andree's. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle expressed concern about people being able to see the sidewalk at night. Planning and Building director, Christopher Baker, stated that there will be a chain link fence on the East and West Side so that people could see down the sidewalk. Mr. Baker also stated that there would be rails along the sidewalk to prevent people from falling into the parking lot. Councilmember Ford made a recommendation to appoint Johnny Baker to the Recreation Board for a five (5) year term to replace Rae B. Jackson (resigned). Seconded by Councilmember Anders, motion passed unanimously. Councilmember Ford made a recommendation to appoint Brad Harris to the Airport Board for a two (2) year term to replace Andrew Huggins. Seconded by Councilmember Gentle, motion passed unanimously. Mayor Kant announced that the City Council shell meet on April 9, 2002, to discuss cable for the City of Fairhope. He also announced that signs placed on City's right-of-ways by realtors will be picked up by city employees. Mayor Kant further stated that the policy is not being followed and that letters will be sent to all realtors in an effort to inform them. There being no further business to come before the City Council, the meeting was duly adjourned at 6:14 p.m. CITi �thyM. t ant, Mayor yr D. Hoskins, Acting City Clerk