The URL can be used to link to this page

Home My WebLink About03-28-2005 Regular Meeting3511 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, 28 March 2005. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk/Treasurer Geniece W. Johnson. No one was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Chief of Police Chris Browning, gave the invocation. Councilmember Stankoski moved to approve minutes of the 16 March 2005, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: Rose Forgarty, Finance Director, gave a financial report for the Month of December 2004. No City Council action was required nor taken. Geniece W. Johnson, City Clerk/Treasurer reported that the $2-Million Line -of Credit to pay for damage caused by Hurricane Ivan (September 16, 2004) was awarded to SouthTrust Bank at a rate of 2.48%. -All Project Work sheets from Hurricane Ivan for FEMA have been signed and turned in for reimbursement. -Mrs. Johnson also reported that the City continues to save for the Rainy Day Fund and the City continues to save for Water, Electric and outside city limit Sewer Capital Improvements. Police Chief Browning reported on a shooting that took place at the American Legion on South Section Street that left one man dead and another wounded. Two suspects were apprehended; the motive is believed to be drug related. Bob Young with The Frazer Lanier Company reported that with the City's refinancing of the 1997 URW Bond Issue will save the City, at present value, approximately $510,000.00 and the city will save at future value approximately $950,000.00. Mr. Young also reported that the City received an outstanding rating from the bonding companies. The Utilities received an Al from Moody's and an A+ from Standard & Poor's. The City GO debt received an outstanding rating from Standard & Poor's from an A to an A+. Mr. Young was not aware of any other city near Fairhope's population size that has an A+ rating for their GO debt. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution complying with the requirements of Section 8.2(b) of the Trust Indenture between the City of Fairhope, Alabama, and Regions Bank Dated as of March 1, 1997. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 3512 City Council 28 March 2005 Page —2- RESOLUTION NO. 1100-05 A RESOLUTION COMPLYING WITH THE REQUIREMENTS OF SECTION 8.2(b) OF THE TRUST INDENTURE BETWEEN THE CITY OF FAIRHOPE, ALABAMA, AND REGIONS BANK DATED AS OF MARCH 1, 1997 BE IT RESOLVED by the Mayor and City Council (herein together called the "Council") of the City of Fairhope (herein called the "City"), in the State of Alabama, as follows: In order to comply with the requirements of Section 8.2(b) of that certain Trust Indenture between the City and Regions Bank, dated as of March 1, 1997 (herein called the "1996 Indenture"), so that $8,455,000 aggregate principal amount of Utilities Revenue Warrants, Series 2005, dated March 1, 2005 (herein called the "Series 2005 Warrants"), of the City may be issued as additional securities under the provisions of the 1996 Indenture, the Council does hereby adopt this resolution, request that Regions Bank, as trustee, authenticate and deliver the Series 2005 Warrants to the purchasers thereof, and make the following recitals preliminary to the issuance of the Series 2005 Warrants: (1). The City is not at this time in default under the 1996 Indenture and no such default is imminent; (2). The person to whom the Series 2005 Warrants have been sold and shall be delivered is The Frazer Lanier Company Incorporated; (3). The Series 2005 Warrants are to be issued by sale and none thereof is to be issued by exchange; (4). The sale price of the Series 2005 Warrants is $8,281,003.35 (which reflects a net original issue discount of $114,811.65 and an underwriting discount of $59,185) plus accrued interest on the Series 2005 Warrants from their date until the date of delivery thereof and payment therefor; (5). No securities have previously been issued by the City under the 1996 Indenture or under any indenture supplemental thereto other than $4,195,000 aggregate principal amount of Utilities Revenue Warrants, Series 1996, dated March 1, 1997, which were issued under the 1996 Indenture and which were refunded simultaneously with the issuance of the Series 2005 Warrants; $7,735,000 aggregate principal amount of Utilities Revenue Warrants, Series 1997, dated March 1, 1997, which were issued under the First Supplemental Indenture dated as of March 1, 1997, and which will be refunded simultaneously with the issuance of the Series 2005 Warrants; $1,905,000 aggregate principal amount of Utilities Revenue Warrants, Series 1999, dated June 1, 1999, which were issued under the Second Supplemental Indenture dated as of June 1, 1999, and which are now outstanding in the aggregate principal amount of $1,575,000; $6,720,000 aggregate principal amount of Utilities Revenue Warrants, Series 2002, dated September 1, 2002, which were issued under the Third 3513 City Council 28 March 2005 Page —3- Supplemental Indenture dated as of September 1, 2002, and all of which are now outstanding; and $2,300,000 aggregate principal amount of Utilities Revenue Warrants, Series 2003, dated September 1, 2003, which were issued under the Fourth Supplemental Indenture dated as of September 1, 2003, and which are now outstanding in the aggregate principal amount of $1,865,000; and (6). The Series 2005 Warrants are to be issued for the purpose of (a) refunding (on an advance basis) the said Series 1997 Warrants, and (b) paying the costs related to the issuance of the Series 2005 Warrants. ADOPTED this 281h day of March , 2005. Councilmember Ford introduced in writing Ordinance No. 1239, an ordinance authorizing the issuance of the City's $8,455,000.00 principal amount of the utilities revenue warrants, Series 2005, Dated March 1, 2005. In order to take immediate action Councilmember Stankoski moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Christenberry then moved for final adoption of Ordinance No. 1239. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following vote: AYE -Quinn, Stankoski, Christenberry, Ford, and Gentle. NAY -none. A Public Hearing was held as advertised on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Ford introduced in writing an ordinance to re -zone the property of Joseph F. Frain and Leslie A. Fram from R2- Medium Density Single -Family Residential District to R-3 TH High Density Single - Family Townhouse Residential District. This property is located at 257 Church Street on the East side of Church Street between White Avenue and Gaston Avenue. Christopher Baker, Director of Planning and Building, explained that Craig Dyas is the developer of this property and the Planning and Zoning Commission voted unanimously to deny the rezoning request. 3514 City Council 28 March 2005 Page —4- Mr. Dyas' Attorney, Alan Chason, addressed the City Council with the meaning of the term spot zoning. Mr. Chason provided the City Attorney, Marion E. (Tut) Wynn, with a copy of a case from 1972, showing that if a community has a comprehensive plan then the term spot zoning does not apply. Mr. Dyas also encouraged the City Council to grant the re -zoning of the Fram's property. Terry Lowell, a resident of Fairhope at 304 Gaston Avenue, addressed the City Council opposing the re -zoning of the Fram's property. Ms. Lowell turned in a petition with 24 signers of homeowners only, not renters, within 300 feet of the 257 Church Street property that are opposed to this re -zoning request. City Attorney, Tut Wynn, addressed the City Council expressing that spot zoning is not a good term if the zoning change is consistent with the land use pattern. Councilmember Christenberry moved for immediate consideration. This motion died for a lack of a second. The City Council will consider the request for final adoption at the next regular City Council meeting. Councilmember Quinn introduced in writing Ordinance No. 1240, an ordinance amending Ordinance No. 644, Section 14-1 of the City of Fairhope Code of Ordinances, making all traffic offenses, misdemeanors, violations, and unclassified offenses crimes against the City of Fairhope. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Quinn then moved for final adoption of Ordinance No. 1240. Seconded by Councilmember Stankoski, motion for final adoption passed unanimously by the following vote: AYE- Quinn, Stankoski, Christenberry, Ford and Gentle. NAY -none. Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to sign the Municipal Water Pollution Prevention Program (MWPP) Report. Seconded by Councilmember Ford, motion passed unanimously by voice vote. 3515 City Council 28 March 2005 Page —5- RESOLUTION NO. 1101-05 MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM ATTACHMENT 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Timothy M. Kant is hereby authorized to inform the Department of Environmental Management that the following actions were taken by the City Council of the City of Fairhope, Alabama. Reviewed the MWPP Annual Report which is attached to the resolution. Set forth the following actions and schedule necessary to maintain effluent requirement contained in the NPDES Permit, and to prevent the bypass and overflow of raw sewage within the collection system or at the treatment plant: No action was required to be taken by the City of Fairhope Passed this 28th Day of March , 2005 by an unanimous vote I, Geniece W. Johnson, City Clerk of the City of Fairhope, Alabama, do hereby certify that this is a true and correct copy of Resolution No. 1101-05 passed and approved by the City Council of the City of Fairhope, Alabama, on the 28day of March, 2005. Geniece W. Johnson, City Clerk Date Councilmember Christenberry moved to un-table the proposed resolution to accept the public streets, public right-of-way, and all public utilities within Falls Creek for maintenance. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. 3516 City Council 28 March 2005 Page —6- City Attorney, Tut Wynne, stated that the City could not impose anything on the developer nor the Homeowners Association that is not a written policy and/or ordinance. Mr. Wynne further stated that the City has no duty to install lighting in a development. Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution accepting the public streets, public right-of-way, and all public utilities within Falls Creek for maintenance, but the City will not install lights in this subdivision nor will the City maintain the lights. Seconded by Councilmember Ford, motion passed unanimously by voice vote. RESOLUTION NO. 1102-05 WHEREAS, the owners of Falls Creek desire to have all public streets and public rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama on Slide 2200-A and all Fairhope public utilities located in public rights -of -ways accepted for maintenance by the City of Fairhope, Alabama, 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 General Superintendent has indicated that the improvements meet City requirements, 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 Falls Creek maintenance bonds 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 indicated herein for Falls Creek are hereby accepted for public maintenance subject to the bond posted, but the City will not install lights in this subdivision nor will the City maintain the lights. Adopted, this 28TH day of March , 2005 3517 City Council 28 March 2005 Page —7- City Attorney Marion E. (Tut) Wynn addressed the City Council requesting that the Council appoint a special Prosecutor to fill in for Mr. Wynne when Mr. Wynne's firm has a conflict with certain cases. Mr. Wynne recommended that the person(s) appointed as special Prosecutor also be used as acting Judge when Judge Snedeker has a conflict with certain cases. The City Council does not have to take action on appointing a special acting Judge, but the City Council does have to take action to appoint a special Prosecutor. Councilmember Ford inquired if the appointed person(s) is going to be on a retainer? Councilmember Ford moved to authorize the appointment of a Special Prosecutor, but come back for the approval of the fee schedule. After further discussion, Councilmember Ford withdrew his motion until the Mayor can obtain a fee schedule from each person(s) being considered. City Council reviewed an application for a Restaurant Liquor License by Gina L. Gambino and Rick Gambino, dba Gabriela's Italian Ristorante, located at 61 North Section Street, Fairhope, Alabama.(Formerly Trattoria). Police Chief Chris Browning reported that he had signed off on Mrs. Gambino, but had not signed off on Mr. Gambino. Councilmember Quinn moved to approve the issuance of the license to Gina L. Gambino. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Police Chief, Chris Browning, addressed the City Council to report on the request by William Farnell, requesting installation of two speed humps on Rosa Avenue. At the regular City Council meeting of February 25, 2002 the City Council authorized the installation of a temporary speed hump for a two -month period and requested that the police patrol the area. Mr. Browning reported that a 48-hour sampling conducted in February 2002, showed that 180 vehicles traveled on this street and that 20% of them were exceeding the posted speed limit. A recent 48-hour sampling showed that 212 vehicles traveled on the street, and that 19% of them were exceeding the posed speed limit. The temporary speed hump installed in 2002, has become a permanent fixture due to street resurfacing. The fixture, as it exists today, is a speed hump with proper signage and marking displayed. It appears, that although volume has increased on the street, excessive speed has decreased by 6%, thereby recommended leaving this speed hump as is. Dan McCrory Assistant Fire Chief also reported that the Fire Department would rather see speed humps and not the astatically pretty traffic table. When the Fire Department is in route to a call the drivers are not concerned with traffic tables. Their main objective is to reach the fire and save lives and homes, not to worry about damaging the truck in route to a call. Councilmember Quinn moved to keep the speed hump on Rosa Avenue as it is. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. 3518 City Council 28 March 2005 Page —8- Police Chief, Chris Browning addressed the City Council to report on the request to place a Speed Calming Device on School Street that was present at the regular City Council meeting on December 13, 2004. Chief Browning reported that a 48-hour sampling of traffic on School Street, between Morphy Avenue and Nichols Avenue revealed that 303 vehicles traveled that stretch of roadway during that time period. Most of the vehicles classified during the sampling were passenger cars, with 15.2% of them exceeding the posted speed limit. An additional 1.07% of classified vehicles exceeded 45 MPH during the sampling. It is the Chief s recommendation to deny this request to place a speed -calming device on School Street. Councilmember Stankoski moved to deny the request as recommended by the Police Chief. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Quinn moved to make the following appointments/Re-appointments to the Airport Board: • Appointment - Joe McEnerney to replace Khim Vira (Deceased). This term will end March 2007 • Re -appointment — Mike Baugh — 6-Year Term, ending March 2011. • Appointment — James Garrett — 6-Year term, ending March 2011. Mr. Garrett will replace Jack Nelson. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Identification: "CONCRETE" Bids to be received by: March 1. 2005 at: 4:00 p.m. The City of Fairhope sent out the Annual Concrete Bid for 3000 lb. and 4,000 lb. Concrete. Advertisement for bid was published in the Fairhope Courier on the week of February 2, 2005 and bids were also mailed to the following vendors: BAYOU CONCRETE CO, INC. Mobile, AL REYNOLDS READY MIX CONCRETE, INC. Foley, AL SOUTHERN READY MIX, INC. Theodore, AL FAIRHOPE READY MIX, INC. Fairhope, AL MORRIS CONCRETE Saraland, AL 3519 City Council 28 March 2005 Page -9- BALDWIN CONCRETE Gulf Shores, AL SHERMAN INTERNATIONAL Theodore, AL Fairhope Ready Mix cannot accommodate our deliveries. They have only two (2) trucks. They did not formally respond to the bid. Last year, Baldwin Concrete states they have a minimum order of 4-yards. Sometimes we only order 1/2-yard of concrete. Our bid specifications called for no bid minimums. They did not respond to the bid this year. It is recommended to accept the bid of Reynolds Ready Mix, Foley, Alabama at the following prices of: 3000# Mix: $78.00 per yard 4000# Mix: $82.00 per yard Pource Concrete Mix: $86.00 per yard Reynolds Ready Mix has met all specifications. Tommy Long, General Supt. Wayne Smith, Purchasing Agent Councilmember Quinn so moved to accept the bid of Reynolds Ready Mix, Foley, Alabama, for concrete, provided all specifications are met. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Identirication: "SKID LOADER -PUBLIC WORKS" Bids to be received no later than: March 21, 2005 at: 4:00 p.m. Item: Skid Steer Loader to be used in the Recycling Department for loading paper products. VENDOR: MANUFACTURER: DELIVERY TIME: THOMPSON CAT RENTAL Caterpillar Mobile, AL Model: 216B THREE (3) YEAR LEASE PURCHASE Total Equipment Cost: $23,987.45 Number of Payments: 36 at: $704.14 mo. Interest Rate: 2.7996% Total Price of unit: $25,350.04 Payment Terms: 36 monthly payments. 14-Days 3520 City Council 28 March 2005 Page —10- FOUR (4) YEAR LEASE PURCHASE Total Equipment Cost: $23,987.45 Number of Payments: 48 at: $549.29 mo. Interest Rate: 4.0845% Total Price of unit: $26,365.92 Payment Terms: 48 monthly payments with $1.00 buyout at end. VENDOR: MANUFACTURER: DELIVERY TIME: COWIN EQUIPMENT CO. Case 30-Days Mobile, AL Model: 410 THREE (3) YEAR LEASE PURCHASE Total Equipment Cost: $24,664.00 Number of Payments: 36 at: $771.90 mo. Interest Rate: 7.00% Total Price of unit: $27,789.22 Payment Terms: 36-month lease, $1.00 purchase option with the first payment in advance. FOUR (4) YEAR LEASE PURCHASE Total Equipment Cost: $24,664.00 Number of Payments: 48 at: $598.64 mo. Interest Rate: 7.00% Total Price of unit: $28,735.76 Payment Terms: 48-month lease, $1.00 purchase option with the first payment in advance. FOLEY IMPLEMENT CO. JCB Robot Foley, AL Model: 170 ALTERNATE BID: FOLEY IMPLEMENT CO. JCB Robot Foley, AL Model: 160 SPECIFICATIONS NOT MET 3521 City Council 28 March 2005 Page —11- BEARD EQUIPMENT CO. Bob Cat Pensacola, FL Model: S-130 SPECIFICATIONS NOT MET DITCH WITCH OF ALABAMA Mobile, AL NO BID M & I FORD Daphne, AL NO BID It is recommended to accept the low bid of Thompson Cat Rental, Mobile, Alabama with all specifications being met. ■ Equipment was budgeted for this physical year. ■ Funds are to come from Operations from Revenues collected from Recycling. ■ This will be a monthly lease option to purchase. Jennifer Fidler, Director of Public Works Clint Steadham, Assistant Purchasing Agent Councilmember Quinn so moved to accept the low bid of Thompson Cat Rental, Mobile, Alabama, for a Skid Loader for Public Works. This equipment will not be a lease purchase, but will be a straight purchase, provided all specifications are met. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. There being no further business to come before the City Council the meeting was duly adjourned at 6:58 p.m. Robert C. Gentle, Council President Geniece W. Johnson, C' CI&IYTFCasurer