Loading...
HomeMy WebLinkAbout11-10-1986 Regular Meeting784 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30, p.m.; Fairhope Municipal Conplex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 10 November 1986. Present were Mayor James P. Nix; Councilmembers Roy C. White, Jeanette Puckett, David E. Bishop, Michael A. Ford, and Barney L. Shull; City Attorney James Reid and City Clerk Evelyn Phillips. No one was absent. There being a Quorum present, Mayor Nix called the meeting to order. Minutes of the 13 October regular session and the 20 October special session were duly approved. Council reviewed a Restaurant Liquor License application by Cary D. Todd, dba WINTZELL'S TUMBLE INN, located at 312 Fairhope Avenue. No one present was opposed to the license. There was police approval. Councilman Shull moved to approve the application. Seconded by Councilman Ford, motion passed unanimously. Council reviewed a Restaurant Liquor License application by Reinaldo Tirador, dba PALMER'S RESTAURANT & LOUNGE, located at 18 Laurel Street. No one present was opposed to the license. There was police approval. Councilman Ford moved to approve the application. Seconded by Councilman Bishop, motion passed unanimously. Councilman Shull moved for Final Adoption of Ordinance No. 777, an ordinance modifying, amending, and confirming as so modified and amended, Improvements Ordinance No. 774 on the 1986-87 Public Improvement Assessments project. This ordinance was introduced at the October 13th regular session. Seconded by Councilwoman Puckett, motion for final adoption passed unanimously. Councilman Bishop moved for Final Adoption of Ordinance No. 778, an ordinance establishing Grades on various streets lnvo velvel d in the 1986-87 Public Improvement Assessments project. This ordinance was introduced at the October 13th regular session. Seconded by Councilman Shull, motion for final adoption passed unanimously. Councilman Ford introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Shull, motion passed unanimously: 10 November 1986 785 RESOLUTION NO. 197-86 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 1. That notice shall be given, asking for bids for public work in making the improvements described in Improvements Ordinance No. 774, adopted 2S August 1986, and as modified, amended, and confirmed by Improvements Ordinance No. 777, adopted 10 November 1986. 2. That the following notice shall be published once a week for two consecutive weeks in the EASTERN SHORE COURIER a newspaper published and of general circulation in the City of Fairhope. "NOTICE TO CONTRACTORS Sealed Proposals for the construction of Street Improvements for the City of Fairhope, Alabama, will be received by the City at the Fairhope City Hall until 10:00, AM, on the 18th day of November, 1986, at which time and place proposals will be publicly opened and read aloud. The General Items. of Work are: Grading, Drainage, Base $ Paving, Curb $ Gutter, Sanitary Sewers, Water Lines, etc. Contract Documents may be inspected at, and may be obtained from, Moore Engineering Company, 555 North Section Street, or PO Box 421, Fairhope, Alabama 36532, upon deposit of $75.00 of which $15.00 will be refunded to persons or firms upon return of all documents in good condition within 5 days after the date of opening bids. Proposals must be accompanied by a Proposal Guaranty in an amount equal to 50 of the Proposal. The successful Bidder will be required to furnish a Performance and Payment Bond in an amount equal to the Contract Price. Said Bonds to remain in full force and effect for a period of 2 years after the completed work has been accepted by the City. All bidders must comply with the Contractor's Licensing Law of the State of Alabama (Code 1975, Title 34, Section 8-1-27,et.seq.) and must be certified for the type work involved. Submission of a Proposal by any person, firm or corporation shall be prima facie evidence that he or they have carefully examined the site of the work and the contract documents; that he or they have judged for, and satisfied themselves as to the conditions to be encountered, as to the character of the work to be performed, and materials to be furnished, as to the requirements of the contract documents, and as to the contingencies; further that he or they have familiarized themselves with, and shall comply with all requirements of all Federal, State and Local laws and ordinances which may directly or indirectly affect the work or its prosecution, persons engaged or employed on the work, and material or equipment used in the work. The City reserves the right to reject any and all proposals, to waive informalities and technicalities in the proposals, and to delay Award of Contract for a period of 60 days after the date for receiving proposals." ADOPTED THIS loth DAY OF NOVEMBER, 1986. /V -d P. Nix, Mayor City Clerk 10 November 1986 :• Councilman Shull introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 198-86 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That MOORE ENGINEERING COMPANY, 555 NORTH SECTION STREET, FAIRHOPE, ALABAMA 36532, shall be compensated no more than Ten PerCent (10%) of the contracted work on the 1986-87 Public Improve- ments Assessments Project: 7% for engineering and design 3% for work supervision ADOPTED THIS loth DAY OF NOVEM BER, 1986. Pi N Jame P. Nix, Mayor O / City C r Councilman Ford moved to make payment to Moore Engineering Company on the 1986-87 Public Improvements Assessments Pro- ject, in the amount of $16,996.42, as requested. Seconded by Councilman Shull, motion passed unanimously. Councilwoman Puckett introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 199-86 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the following 1986 Holidays will be observed by all City Personnel except Emergency Employees: Thanksgiving - Thursday $ Friday, November 27 $ 28 Christmas - 2 day on Wednesday, December 24th 1 day on Thursday, December 25th 1 day on Friday, December 26th ADOPTED THIS loth DAY OF NOVEMBER, 1986. 10 November 1986 70 Councilman White introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Shull, motion carried by following vote: AYE-White,Bishop,Shull,Nix. NAY - none. ABSTAIN -Puckett, Ford.: RESOLUTION NO. 200-86 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor James P. Nix is hereby authorized to finalize a loan in the principal amount of THREE HUNDRED THIRTY-FOUR THOUSAND DOLLARS ($334,000.00) with CENTRAL BANK OF THE SOUTH, payable over a period of Ten (10) Years, with an adjustable interest rate of Six PerCent (6%); said funds to be used for land acquisition from the MARIETTA JOHNSON SCHOOL OF ORGANIC EDUCATION, INC., of Fairhope, Alabama. ADOPTED THIS 10th DAY OF NOVEMBER, 1986. Councilman Bishop introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Shull, motion passed unanimously: See Resolution No. 201-86 on next page 10 November 1986 788 RESOLUTION NO. 201-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 1. The City of Fairhope, by and through its governing body, does hereby find and determine as follows: (a) It has heretofore been determined to be in the public interest for the City of Fairhope to enter into negotiations for the purchase of the leasehold interest and improvements owned by the MARIETTA JOHNSON SCHOOL OF ORGANIC EDUCATION, INC., situated on real property owned by the Fairhope Single Tax Corporation and described as follows, to -wit: Blocks 9, 10, and 11, Division 4, of the land of the Fairhope Single Tax Corporation of Fairhope, Baldwin County, Alabama as per its plat thereof filed for re- cord September 13, 1911, in the Office of the Judge of Probate of Baldwin County, Alabama, located in Section 17, T6S, R2E, Baldwin County, Alabama. (b) That the total purchase price to be paid by the City of Fair - hope is $334,000 in cash. (c) That as additional consideration for the purchase of the leasehold and improvements, the seller shall retain the use of certain leasehold improvements until such time as the seller is able to find another site for its school, however, not later than June 1, 1989. (d) That the leasehold and improvements are desirable to the City of Fairhope, in that, there are recreational facilities located on the leasehold, including an athletic field and a gymnasium, which may be made available to the citizens of the City of Fairhope, and Faulkner State Junior College has ex- pressed an interest in locating its Fairhope campus on the leasehold and using certain of the improvements and, in addition, constructing a classroom building for its activities on the leasehold. (e) That the proposed Contract for Sale and Purchase and the Lease Agreement to be entered into has been reviewed by the Council. 2. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver such documents and instruments as may be necessary to effectuate the intent of this resolution and to include the transfer of the leasehold and improvements thereon from the MARIETTA JOHNSON SCHOOL OF ORGANIC EDUCATION,INC., to the CITY OF FAIRHOPE, Alabama, on such terms and conditions as are contained herein and such other terms and conditions as may be in the best interest of the City of Fairhope but which shall not conflict with this resolution. 3. The provisions of this resolution are severable. 4. All ordinances, resolutions, and orders or parts thereof in conflict with this resolution are, to the extent of such conflict, hereby repealed. DULY PASSED AND ADOPVD THIS 10th DAY OF NOVEMBER, 1986. ,ramej F. Nix, Njayor ticated,and att ted: 10 November 1986 789 Councilman White introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 202-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 1. The City of Fairhope, by and through its governing body, does hereby find and determine as follows: (a) That it is in the best interest of the City of Fairhope to lease and demise unto the STATE OF ALABAMA BOARD OF EDUCATION a certain leasehold and improvements presently owned or about to be purchased by the City of Fairhope described, to -wit:: Blocks 9, 10, and 11, Division 4, of the land of the Fairhope Single Tax Corporation of Fair - hope, Baldwin County, Alabama as per its plat thereof filed for record September 13, 1911, in the Office of the Judge of Probate of Baldwin County, Alabama, located in Section 17, T6S, R2E, Baldwin County, Alabama. (b) That a copy of the proposed lease agreement has been reviewed by the Council. 2. The Mayor and the City Clerk are hereby authorized and directed to execute and deliver such documents and instruments as may be necessary to effectuate the intent of this resolution to include leasing the leasehold and improvements thereon from the CITY OF FAIRHOPE, Alabama., to the STATE OF ALABAMA BOARD OF EDUCATION on such terms and conditions as are.contained herein and on such other terms and conditions as may be in the best interest of the City of Fairhope but which shall not conflict with this resolution. 3.The provisions of this Resolution are severable. 4.All ordinances, resolutions, and orders or parts thereof in conflict with this resolution are, to the extent of such conflict, hereby repealed. DULY PASSED AND ADOPTED THIS 10th DAY OF NOVEMBER, 1986. Councilman White introduced, and moved for the adoption of, the following Resolution. Seconded by Councilwoman Puckett, motion passed unanimously: 10 November 1986 790 RESOLUTION N0: 203-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 1. The City of Fairhope, by and through its governing body, does hereby find and determine as follows: (a) That it is in the best interest of the City of Fairhope to lease from the FAIRHOPE SINGLE TAX CORPORATION that cer- tain leasehold in and to real property owned by The Fairhope Single Tax Corporation described as follows, to -wit:. Blocks 9, 10, and 11, Division 4, of the land of the Fairhope Single Tax Corporation of Fairhope, Baldwin County, Alabama as per its plat thereof filed for record September 13, 1911, in the Office of the Judge of Probate of Baldwin County, Alabama, located in Section 17, T6S, R2E, Baldwin County,Alabama.. (b) That a copy of the proposed lease agreement has been reviewed by the Council. 2. The Mayor and the.City Clerk are hereby authorized and directed to execute and deliver such documents and instru- ments as may be necessary to effectuate the intent of this resolution and to include a lease from THE FAIRHOPE SINGLE TAX CORPORATION to the CITY OF FAIRHOPE, Alabama, on such terms and conditions as are contained herein and on such other terms and conditions as may be in the best interest of the City of Fairhope but which shall not conflict with this resolution. 3. The provisions of this resolution are severable. 4. All ordinances, resolutions, and orders or parts thereof in conflict with this resolution are, to the extent of such conflict, hereby repealed. DULY PASSED AND ADOPTED THIS loth DAY OF NOVEMBER, 1986. Councilman Ford introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Shull., motion passed unanimously: 10 November 1986 791 RESOLUTION NO. 204-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: 1. The City of Fairhope, by and through its governing body, does hereby find and determine as follows: (a) That it is in the best interest of the City of Fairhope to enter into a Purchase Option Agreement with MATTHEW P. DIAL, JR., DORIS S. DIAL, 0.0. JONES, JR., and EILEEN H. JONES, for the acquisition of property to be used as a MUNICIPAL GOLF COURSE. (b) That a copy of the proposed Purchase Option Agreement has been reviewed by the Council. 2. That the Mayor and the City Clerk are hereby authorized and directed to execute and deliver such documents and instru- ments as may be necessary to effectuate the intent of this resolution, on such terms and conditions as are contained herein and on such other terms and conditions as may be in the best interest of the City of Fairhope but which shall not conflict with this resolution. 3. The provisions of this resolution are severable. 4. All ordinances, resolutions, and orders or parts thereof in conflict with this resolution are, to the extent of such conflict, hereby repealed. DULY PASSED AND ADOPTED THIS loth DAY OF NOVEMBER, 1986. ty Minutes continue on the next page... 10 November 1986 792 Council reviewed information from the Fairhope Industrial Board regarding amendments to their leases with Fairhope Aviation Services and Rohr Aero Services. The Industrial Board was requesting Council approval of the following: (a) An agreement to amend the Fairhope Prime Sublease dated 3 November 1983 between Fairhope Aviation Services and the Board, the purpose being to expand the area being leased by the Board from FAS at the Airport, to extend the sublease for eight successive extension periods and to increase the amount of rent for each renewal. (b) An agreement to amend the Fairhope Operating Sublease dated 3 November 1983 between the Board and Rohr Aero Services, the purpose being to increase the area being leased to Rohr, to give Rohr an option to extend the lease for eight successive periods of one year each, and to increase the rental being paid by Rohr. Councilwoman Puckett moved to approve the agreement between the Board and Fairhope Aviation Services, (a) above. Seconded by Councilman Shull, motion passed unanimously. Councilman Bishop moved to approve the agreement between the Board and Rohr Aero Services, (b) above. Seconded by Councilman Ford, motion passed unanimously. Mr. Ralph Cox addressed the Council on.behalf of the Gaston -Lee VFW Post on Mobile Avenue. Mr. Cox explained the Post would like to have a portion of Tensaw Avenue vacated. The portion is now being used as part of the Post parking lot. Mr. Cox was advised that a street vacation requires a Petition for Vacation signed by,all abutting property owners, a map of the area to be vacated, a proper legal description of the area, and a notice to the public properly advertised for 3 weeks before Council can consider the request. Council reviewed a report from the Electrical Department and the Purchasing Agent on the following bids on Two 500 KVA Transformers opened October 24th as advertised: AIM ACTUAL COST nF..T , TVRRY Mack Electric Co Dothan, Al $14,726.00 12 wks alt $11,360.00 22 wks Hatfield $ Co Mobile, Al $16,900.00 17 wks alt $11,450.00 24 wks Stuart Irby Co. Pensacola, F1 $13,647.50 14 wks After evaluation for load -loss, recommend accept Irby Bid. Councilman Bishop moved to accept the Irby Company bid as recommended,provided all specifications are met. Seconded by Councilman Shull, motion passed unanimously. -T 10 November 1986 793 City Clerk Phillips reported to Council that 8 invi- tations for bids on a Copier for the City Hall were mailed out but there were only 4 responses on hand at bid opening time. Due to this low response, Mrs. Phillips recommended all bids be rejected and invitations be reissued. So moved by Councilman Ford. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Shull moved to hear the following business not on the Agenda. Seconded by Councilman White, motion to hear passed unanimously: Mayor Nix advised that the Community Development Block Grant project had some $24,900 that could be used for extra drainage and some curb & gutter work. Bids on the proposed work were then opened: VENDOR DRAIN PIPE CURB $ GUTTER Choctaw Pipe Co Montgomery, Al 5.03 per ft - Faulkner Concrete Pipe Mobile, Al 6.28 per ft - AML Contractors Mobile, Al - $24,316.00 Fairhope Paving Co Fairhope, Al - $32,132.00 Councilman Shull moved to accept the low bids, provided all specifications were met. Seconded by Councilman Ford, motion passed unanimously. The Water and Sewer Department had advertised for bids on repairs to the Waste Treatment Plant Grit Chamber. Only one bid was received. After discussion, Councilman Shull moved to accept the bid from Jim House & Associates, in the amount of $24,024, provided all specifications were met. Seconded by Councilman White, motion passed unanimously. Councilman Shull moved to pay accounts payable as presented. Seconded by Councilman Bishop, motion passed unanimously. Meeting was duly adjourned. RA,/ ...... Jam s P. Nix, Mayor 12 ity erk