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Home My WebLink About09-13-1993 Regular Meeting1488 STATE OF ALABAMA 0 COUNTY OF BALDWIN 0 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, 13 September 1993. Present were Mayor James P. Nix; Councilmembers John V. Duck, Michael A. Ford, David E. Bishop, Jeanette Puckett, and Layton Overstreet; City Attorney Marion E. Wynne and City Clerk Evelyn Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 23 August 1993 regular session were duly approved. Councilman Bishop introduced Ordinance No. 945, an ordinance establishing procedures for the use of public rights -of -way which amends Section 19-6 of the Fairhope Code of Ordinances, in writing. In order to take immediate action, Councilman Duck moved to suspend the rules. Seconded by Councilman Overstreet, motion to suspend passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY - none. Councilwoman Puckett then moved for final adoption of Ordinance No. 945. Seconded by Councilman Overstreet, motion to final adopt passed unanimously by the following vote: AYE - Duck, Ford, Bishop, Nix, Puckett, and Overstreet. NAY -none. Councilwoman Puckett introduced in writing, and moved for the adoption of, the following resolution. Seconded by Council- man Duck, motion passed unanimously: RESOLUTION NO. 426-93 WHEREAS, the City of Fairhope is implementing a Community Development Block Grant funded housing rehabilitation program that is designed to assist income qualified households located in two designated neighborhoods of the City; and WHEREAS, said program is being implemented under a local rehabilitation policy adopted by the City of Fairhope under Res. No. 392-92; and WHEREAS, Dorothy Stewart has made application for program partici- pation relative to her residence at 3042 Morphy Avenue; and WHEREAS, said program was intended to assist persons in need, and particularly those in severe need with undue hardships; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fairhope that 1. A hardship waiver be granted to Dorothy Stewart relative to the location of her residence in that she has demonstrated great need for assistance and the fact that the structure is located within one block of the designated neighborhood boundary. 2. The program administrator is hereby given the authority to proceed with the Dorothy Stewart case. PASSED, ADOPTED AND APPROVED THIS 13TH DAY OF S/EPPTEMBER, 1993. 4dW'4_P 244 Ci ty C //'� �/ Mayor 13 September 1993 1489 Councilman Ford introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: RESOLUTION NO. 427-93 BE IT RESOLVED that the Fairhope City Council hereby authorizes Mayor James P. Nix to sign FCC Form #328 to allow the City of Fairhope to regulate basic cable television service rates. ADOPTED THIS 13TH DAY OF SEPTEMBER, 1993. Att st a s P. Nix, Mayor City Coerk Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 428-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor James P. Nix is hereby authorized to execute an agreement between the City and RIVIERA UTILITIES, Western Division (Daphne), which will allow Riviera Utilities to use the upper five (5) feet of the City's concrete utility poles on Greeno Road for a period of One Year (from 10 September 1993 to 10 September 1994), at an annual rental fee of $9.25 per pole. It is agreed and understood that this agreement does not constitute a franchise or license to Riviera Utilities, and the agreement is to be renegotiated each year. ADOPTED THIS 13TH DAY OF SEPTEMBER, 1993. Attest am s P. Nix, Mayor e�� 99". 's c::� City Cjerk Councilman Duck introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilwoman Puckett, motion passed unanimously: 13 September 1993 1490 RESOLUTION NO. o? - ..3 WHEREAS, a Petition for the assent of the City of Fairhope to the VACATION OF A PORTION OF AN EASEMENT, from BTC, INC., signed by its President, Thomas H. Brown, and its Secretary, Mac M. Chastang, all the owners of the following described property upon which the easement is located, and which is situated in the City of Fairhope, Baldwin County, Alabama, has been received and duly presented to the Mayor and Council of the City of Fairhope on 13 SEPTEMBER 1993, SAID PETITION FOR VACATION SAID TO BE: The East ten (10) feet of a twenty (20) foot easement on the West side of Lots 35, 36, 47, and 48, Whitegrove Subdivision, Unit Two, as recorded in Slide No. 1344-B in the Office of the Judge of Probate, Baldwin County, Alabama;and WHEREAS, it appears to the Mayor and Council of the City of Fairhope, Alabama, that the vacation of the portion of easement is in order and that no useful public purpose is served in its continuance; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the vacation of the hereinabove described ten - foot section of a twenty -foot easement is assented to and approved and the same is hereby vacated. ADOPTED THIS 13TH DAY OF SEPTEMBER, 1993. of At st Jame P. Nix, Mayor City C rk 13 September 1993 1491 Consulting engineer Ack Moore presented Change Order #3, contract with Fairhope Paving Company for sewer improvements to the new Fairhope High School, for consideration. The Change Order results in a $1,857.75 reduction. After discussion, Councilman Bishop moved for approval of Change Order #3. Seconded by Councilman Overstreet, motion passed unanimously. Council reviewed a Restaurant Liquor License application by Neil A. Liechty, as General Partner of The Homestead Village, dba THE GRAND VICTORIAN. This application is to replace the earlier application approved by the Council in regular session of 26 July 1993 under the manager's name of Bruce S. Snead. Councilwoman Puckett moved to approve the issuance of the license under Mr. Liechty's name. Seconded by Councilman Overstreet, motion passed unanimously. Mayor Nix advised that Patty Blake had resigned from the Library Board, and an appointment is needed to complete her unexpired term to April, 1994. The floor was opened for nomi- nations. Mayor Nix nominated Frank Boehm. There being no other nominations, Councilwoman Puckett moved to close the nominations and appoint Mr. Boehm by acclamation. Seconded by Councilman Duck, motion passed unanimously. Councilman Duck moved to approve the addition of the following persons to the Police Reserve as of 2 September 1993: Eric Eugene Johnson and Michael Shane Leiser. Seconded by Councilman Ford, motion passed unanimously. Council took the following action on bids: FOR ANNUAL RYEGRASS SEED - GOLF COURSE Vendor Cost Tieco Company 6,000 Terra International 4,470 Sunbelt Seeds Norcross, GA 4,400 Lesco Company 5,520 TFI Company 4,680 It is recommended to accept the low bid of $4,400.00 by Sunbelt Seeds. --Tom Mitchell, Groundsman Councilman Ford moved to accept the low bid by Sunbelt Seeds, provided all specifications are met. Seconded by Councilman Bishop, motion passed unanimously. Go to next page .................. 13 September 1993 1492 FOR MOWER - GOLF COURSE Vendor M&I Ford Company Gravely of Mobile Gulf Shores Turf Beard Equipment Beard Equipment-alt Cost 15,550.00 10,217.00 10,951.00 13,175.35 10,599.00 It is recommended to accept the low bid of $10,217.00 by Gravely of Mobile Company. -- Tom Mitchell, Groundsman Councilman Ford moved to accept the low bid by Gravely of Mobile, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. FOR ONE-YEAR SUPPLY OF UNLEADED GASOLINE & DIESEL FUEL Vendor Gas Diesel Delivery Pepco Foley $0.56000 $0.55840 8 hours Radcliff/Eco Marine Mobile $0.57150 $0.59250 Same day Fletcher Oil Eight Mile $0.53400 $0.55000 12 hours Merritt Oil Mobile $0.54987 $0.57747 24 hours Mocar Oil of Pensacola, FL; Ard Oil of Summerdale; McPherson Oil of Bay Minette; and Walker Fuel Service of Mobile made no response to bid request. It is recommended to accept the low bid of $0.53400 (Gas) and $0.55000 (Diesel) by Fletcher Oil Company.--W.Smith, Purch.Agt. Councilman Overstreet moved to accept the low bids by Fletcher Oil Company, provided all specifications are met. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Overstreet moved to pay bills as presented. Seconded by Councilman Duck, motion passed unanimously. Meeting was duly adjourned at 5:48 pm. s P. 6d. R 4,tz City C V rk s x, Mayor