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Home My WebLink About04-26-1993 Regular Meeting1438 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, 26 April 1993. Present were Mayor James P. Nix; Councilmembers John V. Duck, Michael A. Ford, Jeanette Puckett, and Layton Over- street; City Attorney Marion E. Wynne and City Clerk Evelyn P. Phillips. Councilman David E. Bishop was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 12 April 1993 regular session were duly approved. A Public Hearing was held as advertised on the Downtown Merchants Association's request to post a "No Left Turn" sign for east -bound traffic only on Fairhope Avenue where Fairhope Avenue intersects with Section Street. Mayor Nix reported that very little comment, in favor or against the request, had come in to City Hall. When the audience was asked for comment, no one responded. After some discussion, Councilman Overstreet moved to turn the request over to the Parking Authority and ask that they study the matter and make a recommendation to the Council before any action is taken. Seconded by Councilman Ford, motion passed unanimously. Councilman Duck introduced Ordinance No. 934 in writing, an ordinance to annex some twenty parcels of property in the Village of Montrose area, as per the various property owners' petitions. In order to take immediate action, Council- woman Puckett moved to suspend the rules. Seconded by Council- man Overstreet, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Nix, Puckett, and Overstreet. NAY -none. Councilman Duck then moved for final adoption of Ordinance No. 934. Seconded by Councilwoman Puckett, motion to final adopt passed unanimously by the following vote: AYE -Duck, Ford, Nix, Puckett, and Overstreet. NAY - none. Councilman Ford introduced Ordinance No. 935 in writing, an ordinance correcting some typographical errors in the 1993 Public Improvement Assessments Project Improvement Ordinance No. 926. In order to take immediate action, Council- man Duck moved to suspend the rules. Seconded by Councilwoman Puckett, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Nix, Puckett, and Overstreet. NAY - none. Councilwoman Puckett then moved for final adoption of Ordinance No. 935. Seconded by Councilman Overstreet, motion to final adopt passed unanimously by the following vote: AYE -Duck, Ford, Nix, Puckett, and Overstreet. NAY - none. 26 April 1993 1439 Council reviewed the report from Moore Engineering Company on the construction bids for the 1993 Public Improvements Assessments Project which were opened and tabulated on April 19, 1993, as advertised. Mr. Ack Moore, project engineer for the City, presented their recommendations for the awarding of the contracts. The project was bid in three divisions, Sections A, B, and C; plus an Alternate #1 on Section C which would change specified 10"PVC force main to 12" PVC force main, allowing for future development. After discussion, Councilman Duck introduced in writing, and moved for the adoption of, the following resolution which awards the three construction contracts, as recommended by MEC, plus the alternate on Section C, Subject To all subdivisions being recorded as required by the Planning Commission. Seconded by Councilwoman Puckett, motion passed unanimously: RESOLUTION NO. 410-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor James P. Nix is hereby authorized to execute the following construction contracts between the City and the named awardees for construction of the 1993 Public Improvements Assessments Project, as per specifications, under Moore Engineering Company, Project Engineer: SECTION A with HOSEA WEAVER & COMPANY of Mobile, Alabama, in the amount of $1,727,206.13; SECTION B with HOSEA WEAVER & COMPANY of Mobile, Alabama, in the amount of $ 512,647.70; SECTION C with BRUNSON NICHOLS CONSTRUCTION of Andalusia, Alabama, in the amount of $ 698,658.24 Plus Alt #1 in the additional amount of $4,140.00 SUBJECT TO: the required recording of subdivisions within the project as per the Planning Commission. ADOPTED THIS 26th DAY OF APRIL, 1993. amen P. Nix, Mayor Attest 4540 Evelyn Phillips, City C rk 26 April 1993 1440 Councilman Duck introduced the adoption of, the following Councilman Overstreet, motion in writing, and moved for resolution. Seconded by passed unanimously: RESOLUTION NO. 411-93 WHEREAS, in 1979, the Fairhope Single Tax Corporation (FSTC) and its lessees established upon lands of FSTC and within a certain shopping center now known as Baldwin Square, a 5.48 acre stormwater retention pond for the purpose of control and retention of stormwaters, both on site and off site, as a condition precedent to approval of the shopping center plan by the Fairhope Planning Commission, based upon the design and re- commendation of the engineers engaged by developers to design the center;and WHEREAS, the subject lands remain in the ownership and control of the FSTC, with no formal easement having been granted to the City of Fairhope; and WHEREAS, the City has requested that the FSTC grant an easement to the City for maintenance of the retention pond; and WHEREAS, such easement has not been granted; and WHEREAS, the Alabama Highway Department must utilize the retention pond for drainage control in conjunction with the imminent improvements to US Highway 98; and WHEREAS, the Highway Department will not utilize the facility unless the responsibility for maintenance of stormwater functions is borne by the public entity, the City; and WHEREAS, the viability of the project is contingent upon the City's agree- ment to so maintain the pond that its continued function as a storm water control facility will be assured; and WHEREAS, it is deemed to be in the public interest that the widening and improvement of US Highway 98 be accomplished; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix be, and hereby is, authorized to enter into an agreement with the Alabama Highway Department providing for the maintenance of storm water functions within the said retention pond in perpetuity. ADOPTED THIS 26th DAY OF APRI�, 1993. x, Attest 9 Evely P. Phillips, ity Clerk Councilman Ford introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: 26 April 1993 1441 RESOLUTION NO. 412-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix is hereby authorized to execute a contract between the City and FRAZER LANIER COMPANY of Montgomery, Alabama, as the City's fiscal agent on a Bond Issue to finance the 1993 Public Improvements Assess- ments Project. ADOPTED THIS 26th DAY %OF APRIL, 1993. s N. Nix, Mayor Attest Mr. Shep Sheppard, representing the Jubilee Optimist Club, addressed the Council. The Club requests use of the Municipal Complex parking lot on Saturday, 22 May 1993, for a Bicycle Safety Clinic and Contest. Councilman Ford moved to approve the request. Seconded by Councilman Duck, motion passed unanimously. Mr. Phillip Brown, chairman of the Jubilee Jaycees Fourth of July Celebration Committee, addressed the Council. The Jaycees request permission to use the Municipal Pier area on Sunday, 4 July 1993, for the annual celebration. Mr. Brown outlined the agenda, promising food, exhibits, rides & games, live entertainment, patriotic recognition, and a Bar-B-Q Coof-Off Contest; in addition to the usual City operated Fireworks Display. Councilman Duck moved to approve the request. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Overstreet moved to approve the request to offer three obsolete pickup trucks for sale by sealed bid. Seconded by Councilman Ford, motion passed unanimously. Council took the following action on bids: TO RE -ROOF AND RE -GUTTER THE SEWER PLANT & CIVIC CENTER Vendor Summers Roofing Mobile Thomas Roofing Mobile S & H Contracting Summerdale It is recommended --W. Smith, Purch. Total Cost $ 8,675 (W&S 4,725, CC 3,950) $ 8,985 $ 8,880 to accept the low bid by Summers Roofing. Agt. 26 April 1993 1442 Councilwoman Puckett moved to accept the low bid by Summers Roofing, provided all specifications are met, and providing further that job must be complete in 30 days, weather permitting. Seconded by Councilman Overstreet, motion passed unanimously. DOORS & WINDOWS - PUBLIC RESTROOMS Vendor Cost Delivery Specialty Millwork Mobile $ 7,600 30 days Coastal Door & Window of Mobile, NFL Builders Supply of Daphne, and Pella Windows & Doors of Mobile - NO BID It is recommended to accept the single bid of $7,600 by Specialty Millwork, Inc. --W. Smith, Purch. Agt. --T. Kant, Public Works Councilman Duck moved to accept the bid, provided all specifi- cations are met, and provided a lower price can be negotiated from the single bidder. Seconded by Councilman Overstreet, motion passed unanimously. PLUMBING FIXTURES - PUBLIC RESTROOMS Vendor Cost Delive Noland Company Mobile NFL Building Supply Daphne Port City Win -Nelson Mobile Westburn Plumbing Mobile $ 5,872.12 14 days $ 6,508.04 6-8 wks $ 5,483.50 6-8 wks No Bid It is recommended to accept the low bid by Port WinNelson at $5,483.50. --W. Smith, Purch. Agt. Councilman Overstreet moved to accept the low bid by Port WinNelson, provided all specifications are met. Seconded by Councilwoman Puckett, motion passed unanimously. Council made the following appointments: HARBOR BOARD - FOUR 2-YR TERMS Councilman Ford moved to reappoint A.J. Koppersmith, Hoyt Greenbury, Phil Rutherford, and David Curtis. There being no other nominations, Councilman Overstreet seconded and motion passed unanimously. AIRPORT BOARD - ONE 2-YR TERM Councilwoman Puckett moved to reappoint Andy Huggins. There being no other nominations, Councilman Duck seconded and motion passed unanimously. 26 April 1993 1443 PARKING AUTHORITY - THREE 3-YR TERMS Councilman Ford moved to reappoint Ben Barnhill, Sherold Pope, and Horace Stowe. There being no other nominations, Councilman Duck seconded and motion passed unanimously. ORGANIC SCHOOL BOARD - ONE 3-YR TERM Councilwoman Puckett moved to reappoint Ken Gibson. There being no other nominations, Councilman Overstreet seconded and motion passed unanimously. Councilman Ford moved to remove the Recreation Board request for the use of Improvements Fund to repair the swimming pool from the table. Seconded by Councilman Overstreet. Councilman Ford stated the $9,500 needed for these repairs, if paid from the Recreation Operating Fund, would cause the operating funds to run short due to more services and lower revenues. After some discussion, Councilman Ford amended his motion to include approval of the use of the Recreation Improvement Fund for the cost of the repairs. Again seconded by Councilman Overstreet, motion passed unanimously. Councilman Ford reported for the Recycling Committee: The participation has fallen off since last year and we are under the mandatory 25% reduction at the landfill. The media was asked to help remind people of the need to recycle. If participation does not improve, recycling may have to be made a mandatory service with a monthly charge. So far we have not taken this step. Councilman Ford went on to report that recycled plastics cannot be sold or even given away. It is now necessary to stop picking up plastics temporarily, until a market can be found.... Councilman Ford made this in form of a motion. Seconded by Councilwoman Puckett, motion passed unanimously. Meeting was duly adjourned at 6:20 pm. . Nix, Mlayor /z� �2- ( ,*,City lerk