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Home My WebLink About12-27-1993 Regular Meeting1517 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. 27 December 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 13 December 1993 regular session were duly approved. Council reviewed a Declaration of Vacation of Easement filed by property owners Phyllis S. Nesbit and John L. Petty. This declaration is to correct an error in the legal description of property vacated on 21 August 1979, as filed in Real Pro- perty Book 34, page 868-870, Baldwin County Probate Office. After discussion, Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: (See Res. No. 436-93 on following page....) 27 Decembe�l 1993 1518 RESOLUTION NO. A RESOLUTION ASSENTING TO THE VACATION OF THAT CERTAIN EASEMENT DESCRIBED HEREIN: WHEREAS, There existed prior to 27 August,1979 upon Lots 7 and 8 of Volanta View Subdivision (Map Book 5 at Page 34, Probate records of Baldwin County, Alabama) a certain utility easement, and; WHEREAS, a Declaration of Vacation for that certain easement was presented on 27 August 1979 to the City Council for its assent to the vacation, and; WHEREAS, the legal description of the easement contained in said Declaration of Vacation furnished to the City by others was defective, and; WHEREAS, the owners of the land subject to said easement have now furnished to the City's satisfaction a Declaration of Vacation, and the easement is described as follows: Beginnins at the Southeast Corner of Lot 7 of the said Volanta View Subdivision, run thence 5-81 30'-E, Five feet, more or less; thence run N-4e 30'-W &ions a line Five feet east of and parallel to the east boundary of said Lot 7, 192 feet, more or less; thence run N-i3e32'-r 100 feet, more or less, to a point on the shore line of Fly Creeki thence run southwesterly along Fly Creek Ten feet, more or less; thence 5-03 32'-E, 100 feet, more or less; thence run S-4e30'-E along a line Five feet west of and parallel to the east boundary of said Lot 7, 186 feet, more or less to a point on the north margin of Creek Drivei thence run S-81a30'-E, Five feet to the point of Beginning, the Intent being to describe that certain easement shown across Lots 7 and 8 on the Plat of said Volanta View Subdivision and which is the same area described in the Declaration of Vacation now before the Falrhope City Council, and; WHEREAS, there is no public need for or public purpose to be served by the continuance of said easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the City's assent be and hereby is granted for filing for record the said Declaration of Vacation of the said easement as provided by law. ADOPTED THIS THE eDAY OF DEJZ 1993. Ja es P. Nix, Mayor ATTEST: velyn Phillips, C1 rk 27 December 1993 1519 Councilman Ford introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: RESOLUTION NO. 437-93 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor James P. Nix is hereby authorized to execute a Natural Gas Purchase Agreement, dated 1 November 1993, between the City of Fairhope, an Alabama municipal corporation, ("Buyer"), and Natural Gas Clearinghouse, a Colorado general partnership, ("Seller"). ADOPTED THIS 27TH DAY OF DECEMBER, 1993. James P. Nix, Mayor Attest City C1 k Dr. Lamar Rencher, pathologist, representing the American Cancer Society, addressed the Council on the subject of "Secondary Smoke". He said he was proud to see the City take a leading role by banning all smoking within all city buildings, and he hoped the ordinance on this would be passed. Councilman Bishop moved for final adoption of Ordinance No. 952, an ordinance banning all smoking within all city - owned buildings and structures, introduced at the last regular session. Seconded by Councilwoman Puckett. Councilman Overstreet discussed the inclusion of a designated smoking area in the ordinance, but was told he could offer an amendment to the ordinance later. Motion to final adopt Ordinance No. 952 carried by the following vote: AYE -Ford, Bishop, Nix, and Puckett. NAY - Duck and Overstreet. City took the following action on bids: 27 December 1993 1520 TWO POLICE CARS - (ALTERNATE: INCLUDES NATURAL GAS CONV Vendor Orvill Beckford Milton, FL Total Cost Delivery $ 13,400 $ 18,991 alt 90-120 days Steber Chevrolet 14,688 Daphne $ 18,564 alt 90 days A no -bid was received from Moyer Ford of Foley, and no reponse was received from Gulf Chrysler of Foley; Trail Pontiac-GMC of Mobile; Bayview Ford of Daphne; McConnell Automotive of Mobile; Southern Olds-GEO of Foley; and Chris Myers of Daphne. It is recommended to accept the low bid, including natural gas modification, by Steber Chevrolet at $18,564.00.--W.Smith, Purch Agt Councilwoman Puckett moved to accept the low bid by Steber Chevrolet, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. RESURFACING (ONLY) - MORPHY AVENUE IMPROVEMENTS PROJECT Vendor Bid Completion Williams Contracting Mobile $ 86,215.40 120 days Walton & Company Mobile $ No Response HO Weaver & Sons Mobile $ 63,746.69 120 days Hardee Const Co $ 66,065.44 120 days Semmes Mobile Asphalt Saraland $ 64,724.06 120 days It is recommended to accept the low bid by H. 0. Weaver & Sons.--W.Smith, Purch. Agt. --T. Kant, Street Dept Councilwoman Puckett moved to accept the low bid by Weaver and Sons, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. Mayor Nix asked for authorization to request bids on the culvert to be used on the Morphy Avenue project. So moved by Councilwoman Puckett. Seconded by Councilman Ford, motion passed unanimously. 27 December 1993 1521 Mayor Nix announced there were three 2-year terms open on the Airport Board; and one 3-year term open on the Organic School Board. Councilwoman Puckett nominated Sue Mason, Robert Colling, and Michael Baugh for reappointment. There being no other nominations, Councilwoman Puckett moved to close the nominations and reappoint Mason, Colling, and Baugh by acclamation(to the Airport Board). Seconded by Councilman Duck, motion passed unanimously. Councilman Bishop nominated Elizabeth Sanders for reappointment to the Organir- School Board. There being no other nominations, Councilman Bishop moved to close the nominations and reappoint Ms. Sanders by acclamation. Seconded by Councilman Duck, motion passed unanimously. The owners of Gable Station - Unit 2 Subdivision asked that their subdivision be accepted for maintenance. Due to the absence of Building Officer Bob Lunsford, Councilman Ford introduced in writing, and moved for the adoption of, the following resolution subject to Lunsford's approval. Seconded by Councilwoman Puckett, motion passed unanimously: (See Res. No. 438-93 on following page....) Meeting was duly adjourned at 5:52 pm. Jam s P. Nix, Mayor City C1 k 27 December 1993 1522 RESOLUTION NO. T6V 93 WHEREAS, the Owners of Gabel Station - Unit 2 Subdivision are desirous of having the streets and the utilities therein accepted for maintenance by the City Coudcil in order that building permits may lawfully issue; and WHEREAS, the General Superintendent of the Cith represents that the physical improvements in the nature of streets, drainage and utilities have been installed in substantial conformity with City requirements; and WHEREAS, the Building/Zoning Officer of the City represents'that he has received Engineer's Certified As - Built Plans, test reports and lateral locations substantially as required by Chapter 19 of the Code of Ordinances; and WHEREAS, the owners have provided to the City Clerk a bond for maintenance of the improvements as required by the City's codes and regulations; and WHEREAS, the Plat of said Gabel Station - Unit 2 having been recorded in the Probate Records of Baldwin County, Alabama, at Slide No. delineates thereon the subject streets therein as public ways; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the streets and the utilities within said Gabel Station - Unit 2 Subdivision be and the same hereby are accepted for public maintenance subject to the bond posted. This resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, whether or not such may be located within dedicated easements. ADOPTED THIS 27TH DAY 0 DECEMBER, 1993. Attest Jam s P. Nix, Mayor 9 City rk