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HomeMy WebLinkAbout04-22-1991 Regular Meeting1179 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, 22 April 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 Acting City Clerk Betty Rivenbark. There being a quorum present, Mayor Nix called the meet- ing to order. Minutes of the 8 April 1991 regular session were duly approved. A public hearing on the re -zone request of First Baptist Church, 259 So. Section Street from R2 Medium Density Single Family Residential to P1 Parking was held. The Planning & Zoning Commission had recommended approval to the Council and this had been advertised. David Shepherd, Rev.Paul Martin, Rev. H.B. Shepherd, P.M. Walker spoke on behalf of the church saying they were speaking in the interest of the public not just the church, that they could park along the streets but because of the problems it creates they wished to have a parking lot and it is supervised and they have people there to -park cars as well as help them get in/out of traffic. Mr. Shepherd said that the church was there even before the zoning ordinance was established, that the city had granted them permission to expand each time they had requested this and with this growth it was expected that expanded parking would be a need also. That if not approved it would force the church to move out of town, leaving vacant buildings that no one would want if they,too,could not expect to have adequate parking. He pointed out that within one block of the church there was located B-1, B-2, R-4, R-2 and B-4 and within six blocks there are four other churches that will soon be facing this situation. Rev. Paul Martin said that if not approved it will hurt the ministry of the church. That with all due respect, the property before developed was an eyesore; they have paved it, striped it, re -planted with trees and azaleas and installed sprinkler system to adequately water it. They have tried to follow beautification theme set by Fairhope and is mainly used on Sundays. That they do not mind other people using when they need to use it. Rev. H.B. Shepherd pointed out that there have been park- ing lots added everywhere over the last 15 years, which is attributed to the tremendous growth of the city, but these were added as a matter of wisdom, that this is not just a church problem. Mr. P.M. Walker said that this is a christian nation and it is so because we have made it possible for christians to worship by building churches in the middle of town making worshiping accessible to those who wished to do it. 22 April 1991 1180 There being no one else who wished to speak for the change, Ken Gibson addressed the council saying that this change would in essence be creating spot -zoning. He stated events that resulted from original request in 1987 for special ex- ception use and neighbors,who he is representing,that opposed this and actions that have transpired since that time. He went on to say that this church should not receive spot - zoning from the city. Mike Ford spoke saying he was on planning commission when this came up and was challenged as he was agent who had property for sale and even though he got ruling it was okey for him to vote, he would like to abstain from voting this evening. Roy White said that there are two factions, two trains of thought on this and that this is something that will be facing several of the other churches before too long, given the facts and the need he moved for adoption of ordinance #875 as recommended by the planning & zoning commission, In order to take immediate action, Jeanette Puckett moved to to suspend the rules. Seconded by David Ed Bishop, motion to suspend passed by the following vote: AYE - White, Puckett, Nix, Bishop and Duck. NAY - none. Councilman White then moved for final adoption of Ordinance No. 875. Seconded by Jeanette Puckett, motion to finally adopt passed by the following vote: AYE - White, Puckett, Nix, Bishop and Duck. NAY - none (Councilman Ford abstained to vote) Mrs. Tina McGough presented a petition to the Council from neighbors in her area wishing the City to erect a 4-way stop sign at the intersection of Pier Avenue and Liberty Street. She said that on either side of Pier there are 4-way stop signs going all the way down to the bay so people are start- ing to use Pier as a cut -through. Mayor Nix formed a committee of Roy White, Jeanette Puckett and Phil Rutherford to look into this and report back by the next meeting. Richard Lacey was present representing Villa Mercy/The Birches and a bond issue by the City of Daphne for the purpose of constructing six additional units to The Birches along with other activities in Daphne and in Mobile, but need approval of the City of Fairhope by Resolution for expendi- ture in the Fairhope city limits. Councilman David Bishop introduced, and moved for the adoption of, the following resolution. Seconded by Councilman John Duck, motion passed unanimously: RESOLUTION NO. 337-91 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 opera- ting facilities in the City of Daphne(hereinafter sometimes 22 April 1991 1181 referred to as "Mercy Medical"), has requested consideration of a bond issue by the Daphne Authority in the amount of not to exceed $13,800,000 for various qualifying purposes pur- suant to Title 11, Chapter 62, of the Code of Alabama, 1975, as amended; and WHEREAS, a portion of the project of Mercy Medical con- sists of financing the construction of six additional units (independent cottages) and congregate dining and recreation areas in a 30,000 square foot domiciliary care facility known as The Birches, a retirement facility located within the city boundaries of the City of Fairhope, Alabama, at 50 Spring Run; and WHEREAS, the project of Mercy Medical also includes (i) paying the cost of constructing and equipping certain improve- ments to the hospital facilities of Mercy Medical at 101 Villa Drive in Daphne, Alabama, known as Mercy Medical; (ii) re- imbursing certain capital expenditures heretofore incurred by Mercy Medical; (iii) paying the costs of the acquisition of a fee interest or a leasehold estate in certain lands located at the southeastern boundary of the Spring Hill College campus across from the Springhill Memorial Hospital in Mobile, Ala- bama and the construction and equipping of assisted living facilities thereon; (iv) paying the costs of the acquisition of a leasehold estate in certain lands located at the northern boundary of the Spring Hill College campus along Old Shell Road in Mobile, Alabama and the construction and equipping of independent living facilities thereon; (v) funding a certain 1991 Debt Service Reserve Fund; (vi) paying certain expenses incurred in connection with the issuance of the Series 1991 Bonds and (vii) paying capitalized interest expense during the period of construction of the projects and for a reasonable time thereafter; 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 ease the complexity of the proposed financing; and WHEREAS, Title 11, Chapter 62, of the Code of Alabama, 1975, as amended, provides in Section 11-6271(8) that the Daphne Authority may finance a facility located 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 22 April 1991 1182 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; and WHEREAS, a notice of a public hearing was duly given and a public hearing was duly held pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended. NOW THEREFORE, BE IT RESOLVED that the City of Fairhope, Alabama, does hereby consent to the financing by the Daphne Authority of the cost to be incurred by Mercy Medical in constructing additional units and congregate dining and rec- reation areas to The Birches and all costs with respect thereto as determined by Mercy Medical and the Daphne Authority. As an independent covenant and not as a condition to the foregoing consent, the Daphne Authority and Mercy Medical shall prepare and record a covenant running with the land de- scribed on the attached Exhibit A which shall require that so long as the bonds issued to so finance the construction of additional units and congregate dining and recreation areas to the The Birches shall be and remain outstanding, the facilities so financed shall be used only for facilities qualifying under Section 11-62-1(8) of the Code of Alabama, 1975 as amended. Such covenant shall be specifically en- forceable, but violation shall not be deemed to cause rever- sion. In the event of a violation of the covenant, the City of Fairhope, Alabama, reserves the right to impose ad valorem taxation on the property known as The Birches in accordance with the laws of the State of Alabama should such use for purposes other than as set forth in Section 11-62-1(8) of the Code of Alabama, 1975, as amended, constitute use other- wise subject to ad valorem taxation under the said laws of the State of Alabama. Adopted this the, ,v?J day of April, 1991 Jam �14� W'z P.Nix, Mayor Evely P. Phillips, C' y Clerk Council reviewed a Club Liquor License application for Crawdaddy's at 805 So. Mobile Street(old Twin Oaks Restaurant) submitted by Mariott's Grand Hotel, John Irvin, Manager. There was police approval of the applicant. Mr Irvin spoke saying that this would be a subsidiary of Marriott; that they wished to provide more services for their guests as well as residents in the area and that the hotel has had a club liquor license for many years. No one was present to oppose the license. Councilmember Jeanette Puckett moved for approval of the license. Seconded by Councilman John Duck, motion to approve passed unanimously. 22 April 1991 1183 Councilman Roy White asked the Council to consider sending 6 men to fire school and pay their expenses. This is a worthy cause and provides much valuable training for the volunteer fire department. Councilman Mike Ford moved to approve payment of the expenses involved in these men going to school. Councilman Duck seconded and motion passed unanimously. Councilman White reported that he and the committee, Tim Kant, Jeanette Puckett and Phil Rutherford had a report to make on their garbage committee. That they had met several times and as a result were suggesting changes to the ordinance (report in file) regarding commercial customers, That if non-residential customers needed more than 2-30 gallon con- tainers then they would need to buy90 gallon containers and could purchase them from the city at our cost. Councilman Ford said the report seemed to be well thought out, that everything has gone up and the proposal is still a bargain and he would like to introduce the amending ordinance. This will lay over until the next meeting for final action. Council reviewed the bid report on prices they had sought for repairing the bulkheads at Fly Creek and Pier Avenue. (The City will receive a $20,000 grant from the state to help with this project.) Two bids were received as follows: Vendor Amount NFL Building Supply $23,970.32 Daphne, Al Scotty's Daphne, Al. $24,235.80 Delivery Date 21 Days 20 Days It was the recommendation of the purchasing agent and general superintendent, Phil Rutherford that we take the low bid of NFL Building Supply. Councilman David Bishop moved to accept low bid provided it meets specifications. Seconded by Councilman John Duck motion passed unanimously. Mayor Nix reported that he had received a letter from the Overton family saying they wished to restore the historic Colonial Inn to have at least the original 35 units plus dining facilities and are asking for permission from the Fairhope City Council to create public parking spaces on the north side of Cliff Drive, between S. Mobile Street and Short Street. A Robert Gilpin was present and said he objects to using any part of Stack's Gully for their project. He would like to see it restored also but he is concerned about the gully and property surrounding the gully. Further discussion from the Council and Mr. Gilpin led to the Mayor saying he had just received the letter today and was just passing the request on. No action would be taken tonight. 22 April 1991 1184 There being no further business to come before the council, meeting was duly adjourned. Zame P. Nix, Mayor Betty/lZivenbark, Acting City lerk