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Home My WebLink About03-12-1997 Regular Meeting1997 STATE OF ALABAMA: )( COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.m.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON WEDNESDAY 1 2 MARCH 1997. PRESENT WERE MAYOR NAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, AND WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE AND CITY CLERK EVELYN P. PHILLIPS. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT,MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER DUCK MOVED TO APPROVE THE MINUTES OF THE 24 FEBRUARY 1997 REGULAR SESSION. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. A PUBLIC HEARING WAS HELD AS ADVERTISED ON A PROPOSED ORDINANCE TO REZONE CHARLIE EARLE PROPERTY FRONTING ON THE SOUTH SIDE OF NICHOLS AVENUE SOME 270 FT EAST OF THE VFW CLUB, FROM R4 LOW -DENSITY MULTIFAMILY RESIDENTIAL TO B2 GENERAL BUSINESS. THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL. NO ONE PRESENT WAS OPPOSED TO THE REZONING. COUNCILMEMBER JONES INTRODUCED IN WRITING ORDINANCE NO. 1007, AN ORDINANCE TO REZONE THE PROPERTY. IN ORDER TO TAKE IMMEDIATE ACTION, COUNCILMEMBER JONES MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER PUCKETT, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1007. SECONDED BY COUNCILMEMBER DUCK, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY - NONE. COUNCIL DISCUSSED AN ORDINANCE TO REGULATE OPEN-AIR BURNING. THE ORDINANCE STATED IT WOULD APPLY TO THE CITY AND ITS POLICE JURISDICTION; AND THAT A WRITTEN PERMIT WOULD HAVE TO BE OBTAINED FROM THE FAIRHOPE VOLUNTEER FIRE DEPARTMENT j 01 12 MARCH 1997 BEFORE ANY OPEN-AIR BURNING COULD BE DONE. DURING THE DISCUSSION, FVFD CHIEF DUKE SMITH STATED HE AND THE FIREMEN WERE IN SUPPORT OF THE ORDINANCE AND LOOKED FORWARD TO ITS BEING ADOPTED. CHIEF SMITH SAID THIS ORDINANCE WOULD GIVE THE VOLUNTEERS SOME AUTHORITY TO STOP OPEN-AIR FIRES (BY REFUSING A PERMIT) WHEN WEATHER CONDITIONS WERE NOT FAVORABLE. COUNCILMEMBER FORD SAID HE FELT THE POLICE JURISDICTION TOOK IN TOO MUCH TERRITORY AND SUGGESTED THIS BE CHANGED TO THE FIRE JURISDICTION. COUNCILMEMBERS FORD AND JONES OBJECTED TO THE "WRITTEN" PERMIT, AND SUGGESTED THIS BE CHANGED TO JUST PLAIN "PERMIT", WHICH MIGHT BE HANDLED BY A PHONE CALL. COUNCILMEMBER FORD MOVED TO HAVE THESE, AND POSSIBLY OTHER, CHANGES MADE TO THE PROPOSED ORDINANCE AND PRESENT IT FOR CONSIDERATION AT THE NEXT REGULAR MEETING. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. EXECUTIVE DIRECTOR DON BRADY, OF THE SOUTH ALABAMA REGIONAL PLANNING COMMNISSION, ADDRESSED THE COUNCIL ON THE WORK DONE BY THE COMMISSION. COUNCILMEMBER DUCK MOVED TO APPROVE THE REQUEST BY THE MAKE -A -WISH FOUNDATION TO USE THE CITY LOT NEXT TO REGIONS BANK (1 OO NO. SECTION STREET) FOR A PETTING ZOO DURING ARTS S CRAFTS WEEKEND. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 56 1 -97 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. Nix IS HEREBY AUTHORIZED TO EXECUTE A LEASE BETWEEN THE CFTY QUAIL CREEK GOLF COURSE SNACK BAR AND WILLIE AND NANCY FOSTER. THE FOSTERS WILL RUN THE SNACK BAR AND PAY $600.00 PER MONTH RENT PLUS 5% OF MONTHLY GROSS RECEIPTS OVER $7,000.00. THE LEASE IS EFFECTIVE I APRIL 1 997 AND IS FOR THREE (3)YEARS. ADOPTED THIS 1 2TH DAY OF MARCH, 1997. JA ES P. Nix, MAYOR ATTEST �• CITY CLERK 1999 1 2 MARCH 1997 COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: Identification: "ELECTRIC BLDG. MODIFICATION" Bids to be opened on: February 27, 1997 at: 11:00 a.m. (Addition/Modification of Electric Dent. Storaae Buddina. 0: BID AMOUNT. DEIIVERY., KEMKO, INC. Daphne, AL $27,207.00 90-Days KEITH MOSLEY $29,803.00 CONSTRUCTI ON, INC. Saraland, AL E.J. NO RESPONSE BUILDERS Foley, AL COASTAL NO RESPONSE BUILDERS Mobile, AL J.C. DUKES & NO RESPONSE ASSOC. I_ Moholp Al It is recommended to accept the low bid of KEMKO, INC., Daphne, Alabama for the price of $27,207.00 with all specifications being met. Aaron Norris, Electrical Dept. Supt. Wayne Smith, Purchasing Agent COUNCILMEMBER PUCKETT MOVED TO ACCEPT THE LOW BID BY KEMKO, INC., PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. e= 12 MARCH 1997 Identification: "UTILITY POLES 25' - 45"' Bids to be opened on: March 4. 1997 at: 11:00 a.m. Quantity of. 20 - 25 ft., Class 5 Poles 20 - 30 ft., Class 5 Poles 20 - 35 ft., Class 5 Poles (To be placed in Electric Dept. Stock) 20 - 40 ft., Class 3 Poles 15 - 45 ft., Class 3 Poles VENDOR: TOTAL PRICE. DEL/VERY STALLWORTH TIMBER CO. $10,696.75 14 - 21 Days Beatrice, AL LAMAR TREATED MATERIAL $11,527.10 21 - Days Hattiesburg, MS BALDWIN POLES & PILING CO. $11,596.90 10 - 14 Days Bay Minette, AL BROWN WOOD PRESERVING CO. $11,730.00 10 - 14 Days Pensacola, FL HATFIELD & CO. $12,465.00 21 - 30 Days Mobile, AL TREATED TIMBER PRODUCTS CO. $12,715.35 21 - Days Pensacola, FL THOMASSON LUMBER CO. -Philadelphia. MS NO RESPONSE It is recommended to accept the low bid of STALLWORTH TIMBER CO., Beatrice, AL for the total price of $10,696.75 with all specifications being met. Aaron Norris, Wayne Smith, Electrical Dept. Supt. Purchasing Agent COUNCILMEMBER DUCK MOVED TO ACCEPT THE LOW BID BY STALLWORTH TIMBER COMPANY, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 2001 12 MARCH 1997 Identification: "ARTICULATED BOOM" Bids to be opened on: March 6. 1997 at: 11:00 a.m. For Mower, Public Works Dept. BID SENT TO: BID AMOUNT. DELIVERY: BEARD $20,980.00 60-90 Days EQUIPMENT CO. Pensacola, FL BAGGETT $23,019.00 90-120 Days EQUIPMENT Birmingham, AL EQUIPMENT & NO BID PARTS SPECIALITY Montgomery, AL MOBILE NO BID TRACTOR Mobile, AL GULF SHORES NO BID TURF SUPPLY Pensacola, FL TOOMEY NO BID EQUIPMENT Theodore, AL M & I FORD NO BID Da hne, AL COASTAL NO BID MACHINERY Thporinrp Al It is recommended to accept the low bid of Beard Equipment Co, Pensacola, FL. for the total price of $20,980.00 with all specifications being met. Tim Kant, Wayne Smith, Public Works Supt. Purchasing Agent COUNCILMEMBER FORD MOVED TO ACCEPT THE LOW BID BY BEARD, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCIL - MEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. 2002 12 MARCH 1997 Identification: VEHICLE - GAS DEPT. Bids to be opened on: March 11, 1997 Time: 11:00 a.m. Rid was fhr 1 - 1997 UTILITY VEHICLE for Steve Seay. Suit. Gas Dent. GULF CHRYSLER $20,866.00 60-Days Foley, AL Jeep BILL STEBER $21,878.50 7-Days CH EV. Blazer Da hne, AL ORVILLE $22,067.00 60-90 Days BECKFORD Ford Explorer FORD/MERCURY Milton, FL MOYER FORD $24,513.00 45-60 Days Foley, AL Ford Explorer PARKWAY BUICK NO RESPONSE Da hne, AL BAYVIEW FORD NO RESPONSE It is recommended to accept the low bid of Gulf Chrysler, Plymouth, Foley, Alabama for the price of $20,866.00 with all specifications being met. Steve Seay, Gas Dept. Supt. Wayne Smith, Purchasing Agent COUNCILMEMBER JONES MOVED TO ACCEPT THE LOW BID BY GULF CHRYSLER PLYMOUTH, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. 2003 1 2 MARCH 1997 MR. TOM DEKLE CAME BACK BEFORE THE COUNCIL REQUESTING PERMISSION TO BUILD A PIER AT THE FOOT OF WHITE AVENUE, BETWEEN THE MUNICIPAL PIER AND MILLER PIER. HE WAS ADVISED BY CITY ATTORNEY MARION WYNNE THAT STATE LAW WILL NOT PERMIT THE COUNCIL TO GIVE HIM PERMISSION TO BUILD A PRIVATE PIER ACROSS CITY PROPERTY. MR. DEKLE SAID THERE WERE SEVERAL PIERS IN HIS LOCATION WHERE THE COUNCIL HAD GIVEN PERMISSION. MR. DEKLE WAS TOLD THE COUNCIL MADE A MISTAKE AND SHOULD NOT HAVE GIVEN THE PERMISSION, HOWEVER, GIVING HIM PERMISSION WOULD JUST MADE TWO WRONGS AND WOULD NOT CHANGE THE LAW. COUNCILMEMBER JONES MOVED TO DENY DEKLE'S REQUEST BASED ON THE ATTORNEYS FINDINGS. THERE WAS NO SECOND TO THE MOTION. COUNCILMEMBER JONES THEN MOVED TO TABLE THE REQUEST FOR FURTHER STUDY. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. MAYOR NIX ASKED TO BE HEARD ON AN ITEM NOT ON THE AGENDA. COUNCILMEMBER FORD MOVED TO HEAR. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY: C.B.E.. INC., CONTRACTOR ON THE WASTERWATER TREATMENT PLANT HEADWORKS UPGRADE, ASKS APPROVAL OF CHANGE ORDER #i I , A 60-DAY EXTENSION IN THEIR CONTRACT, NO MONETARY CHANGE. SO MOVED BY COUNCILMEMBER DUCK. SECONDED BY COUNCILMEMBER FORD, MOTION PASSED UNANIMOUSLY. MR. HOP ALLEN ASKED WHO IS LIABLE IF SOMEONE GETS HURT ON THE PIPE LAYING ON THE BEACH. THE PIPE IS PART OF THE WASTEWATER TREATMENT PLANT UPGRADE AND IS BEING MOVED AS FAST AS POSSIBLE. THE CONTRACTOR IS INSURED. COUNCILMEMBER DUCK MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6:29 P.M. J�JAES P. Nix, MAYOR CITY CLERK