HomeMy WebLinkAbout02-22-1993 Regular Meeting1403
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session
at 5:30 pm; Fairhope Municipal Complex Council Chamber;
161 North Section Street; Fairhope, Alabama 36532; on
Monday, 22 February 1993.
Present were Mayor James P. Nix; Councilmembers Michael
A. Ford, David E. Bishop, and Layton Overstreet; City Attorney
Marion E. Wynne and City Clerk Evelyn P. Phillips. Council -
members John V. Duck and Jeanette Puckett were absent.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 8 February 1993 regular session
were duly approved.
Council reviewed Annexation Petition #11, by H/M Partners
and Magnolia Trace, Inc., on the Rock Creek project. After
discussion, Councilman Bishop introduced Ordinance No. 922,
in writing, an ordinance to annex the within described property.
In order to take immediate action, Councilman Ford moved
to suspend the rules. Seconded by Councilman Bishop, motion
to suspend passed unanimously by the following vote: AYE -
Ford, Bishop, Nix, and Overstreet. NAY -none. Councilman
Bishop then moved for final adoption of Ordinance No. 922.
Seconded by Councilman Overstreet, motion to final adopt
passed unanimously by the following vote: AYE -Ford, Bishop,
Nix, and Overstreet. NAY -none.
Council reviewed an annexation petition by Burgess A.
Thomasson and Albert F. Thomasson as Trustees of Thomasson
Trusts "A" and "B" respectively, dated 17 December 1976;
property located West of US Highway 98, north of present
city limits and south of Montrose Cemetery. After discussion,
Councilman Bishop introduced Ordinance No. 923, in writing,
an ordinance to annex the within described property. In
order to take immediate action, Councilman Bishop moved
to suspend the rules. Seconded by Councilman Ford, motion
to suspend passed unanimously by the following vote: AYE -
Ford, Bishop, Nix, and Overstreet. NAY -none. Councilman
Bishop then moved for final adoption of Ordinance No. 923.
Seconded by Councilman Overstreet, motion to final adopt
passed unanimously by the following vote: AYE -Ford, Bishop,
Nix, and Overstreet. NAY -none.
Councilman Ford introduced in writing, and moved for
the adoption of, the following resolution having to do with
an agreement between the City and the State Highway Depart-
ment on the four-laning of US 98 (Greeno Road) from State
Highway 104 south to County Road 44. Seconded by Councilman
Overstreet, motion passed unanimously:
(Res. No. 397-93 on next three pages...)
22 February 1993
1404
R E S O L U T I O N
No. 397- 93
WHEREAS, the City of Fairhope, (hereinafter at times referred to as Gov-
ernmental Body) is desirous of having certain improvements made on U.S. High-
way 98, in accordance with plans prepared by the State Highway Department of
Alabama and designated as Project DE-001.9(802) from Station 103+63.40, and
described as extending from State Route 104 to County Road 44, and the point
of ending at Station 265+00, for a total distance of. 16,131.93 feet or 3.055
miles.
WHEREAS, the State highway Department of Alabama is now or may later be
desirous of receiving Federal Aid for improvement of said highway; and
WHEREAS, the Federal Highway Administration, an agency of the United States
of America, will not participate in any funding for the construction of said
project until. and unless the Governmental Body will agree to certain require-
ments of the Federal Highway Administration. The Governmental Body for the
purpose of complying with requirements of the Federal Highway Administration
in regard to its funding of improvements of the type and kind in this agree-
ment provided for, does hereby pass and adopt the following resolution:
BE IT RESOLVED by the City Council of the City of Fairhope, that the plans
of said project including alignment, profile, grades, typical sections, and
paving layouts as submitted to this Council and which are now on file in the
office of the City Clerk are hereby approved and that the location of said
project as staked out by the State Highway Department and as shown by said
plans referred to are hereby approved, and the State Highway Department, in
cooperation with the Federal Highway Administration, is hereby authorized to
proceed with the grading, draining, paving, and otherwise improving and con-
struction of said project in accordance with said plans.
22 February 1993
1405
The city, by and through its Council, hereby grants to the State Highway
Department the full use of and access to the dedicated widths of any existing
streets for the construction of said project and hereby agrees to permit and
allow the State Highway Department to close and barricade the said project and
intersection streets for as long as necessary while the said project is being
graded, drained, paved and otherwise improved, and hereby agrees that the use
of any street or highway for parking within an interchange area will not at
any time be permitted.
The Council hereby further agrees to adopt or pass such legally effective
ordinances and/or laws as will permanently barricade and/or relocate certain
intersecting streets as required by the State and to permanently deny or limit
access at certain locations as required by the State along said improvements,
all of which are more specifically stated as follows: The intersection of
Middle Avenue and U.S. 98 will be moved from Station 220+44.68 to Station
221+09.91. No parking will be allowed within the project limits.
BE I'T FURTHER RESOLVED by the Council, that for and in consideration of
the Alabama Highway Department in cooperation with the Federal Highway Admin-
istration, constructing said highway and routing traffic along the same through
the City over said project, such City hereby agrees with the Alabama Highway
Department and for the benefit of the Federal Highway Administration, that on
the above -mentioned project the City will not in the future permit encroachments
upon the right-of-way; nor will it pass any ordinances or laws fixing a speed
limit contrary to those limits provided for in Title 32, Chapter 5, Code of
A1abema 1975, as amended, and other laws of Alabama; nor will it permit other
than parallel parking in areas where parking is permitted; nor will it allow
the placing of any informational, regulatory, or other warning signs, signals,
median crossovers, curb and pavement or other markings, and traffic signals
22 February 1993 1406
without written approval of the State Highway Department and the Federal High-
way Administration, of the location, form, and character of such installations.
The traffic control devices and signs installed during construction, and those
installed after completion of this project, shall be in accordance with the
latest edition of the Alabama Manual on Uniform Traffic Control Devices and
accepted standards adopted by the Highway Department of the State of Alabama
and by the Federal Highway Administration. The City further agrees that sub-
sequent traffic control devices deemed necessary by it in keeping with appli-
cable statutes, rules, and regulations to promote the safe and efficient uti-
lization of the highway under the authority of Title 32, Chapter 5, Code of
Alabama 1975, and all other applicable laws of Alabama, shall be subject to
and must have the approval of the Highway Department of the State of Alabama
and of the Federal Highway Administration, prior to installation and the City
further agrees that it will enforce traffic and control the same under the
provisions of Title 32, Chapter 5, Code of Alabama 1975, and other applicable
laws of Alabama.
BE IT FURTHER RESOLVED by this Council that the City agrees to perform
all maintenance on crossroads, service drives, or relocated roads that are not
designated Federal or State highways that are in the jurisdiction of the City.
THIS RESOLUTION PASSED AND ADOPTED this the '� day of
1993.
ATTE T
Gr liYi(/V
22 February 1993 1407
Mr. Kenny Graves, representing the Jubilee Jaycees,
came before the Council to request permission to hold a
Walk America Walk-A-Thon in Fairhope on Saturday, April 17th�
proceeds to benefit the March of Dimes Foundation. After
discussion, Councilman Ford moved to approve the request,
subject to police approval of proposed route. Seconded
by Councilman Overstreet, motion passed unanimously.
A written request from Mr. Phillip Hinesley, Co -Chairman,
"Year of the Gulf" Committee, was discussed. The Committe
asked for use of the Municipal Pier and Park area on Saturday,
April 24th, for MOBILE BAY DAY activities. Non-commercial
exhibitors and several food booths will be set up, the focus
to be to make the public aware of the need to protect and
preserve the environment and Mobile Bay. Councilman Bishop
moved for approval of the request. Seconded by Councilman
Ford, motion passed unanimously.
Two weeks ago the Council, the City Clerk, and the City
Accountant met with members of the city's auditing firm;
Hartmann, Blackmon, and Kilgore, PC; for the presentation
and discussion of the audit report for year ended 9/30/92.
The Council was pleased with the report which showed the
City to be in excellent financial condition and the records -
keeping policies and methods to be in keeping with the highest
standards. Councilman Overstreet moved to approve and accept
the Audit Report for Fiscal Year 1991-1992 as presented.
Seconded by Councilman Ford, motion passed unanimously.
Council took the following action on a bid item:
FOR 1-YEAR SUPPLY OF MOSQUITO CONTROL CHEMICAL
Vendor Cost Delivery
Vec Tec, Inc
Orlando, Fl
$ 61.30 per gal 10 days
Clarke Mosquito Control Products
Roselle, Il.,did not meet specifications.
Terra International of Summerdale, Al., and Adapco, Inc.,
of Jackson, Ms., did not respond to bid request.
It is recommended-o accept the bid by Vec Tec, Inc., the
distributors of "Scourge" Insecticide which is recommended
by other municipalities and programs throughout the Southeast;
and is safe & effective for employees and the environment.
--T. Kant, Public Works --W. Smith, Purchase Dept
Councilman Overstreet moved to accept the Vec Tec bid, provided
all specifications are met. Seconded by Councilman Ford,
motion passed unanimously.
Mayor Nix advised that, due to a conflict with the National
League of Cities convention next month, which several members
of the Council plan to attend, it is necessary to reschedule
22 February 1993
1408
the March 8th regular
March llth, same time
Overstreet. Seconded
unanimously.
meeting from Monday to Thursday,
and place. So moved by Councilman
by Councilman Ford, motion passed
Under old business, Mayor Nix advised that the plans
to construct public restrooms on Section Street where Fire
Station #1 is now located have been finalized. Fire Station
#2, on Ingleside near Thomas Hospital, will now be Station
#1 and Station #2 will be the new Station on Thompson Hall
Road next to the Fire Training Center. Demolition of the
Station on Section Street will begin next week, with con-
struction of the Public Restrooms to follow as soon as possible.
Councilman Bishop moved to authorize this demolition and
construction project's beginning. Seconded by Councilman
Ford, motion passed unanimously.
Meeting was duly adjourned at 5:47 p.m.
P. Nix, Mayor
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