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HomeMy WebLinkAbout11-13-1995 Regular Meeting1716 STATE OF ALABAMA COUNTY OF BALDWIN 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 November 1995. Present were Mayor James P. Nix; Councilmembers John V. Duck, Michael A. Ford, David E. Bishop, and Layton Over- street; and City Clerk Evelyn P. Phillips. Councilwoman Jeanette Puckett and City Attorney Marion E. Wynne were absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 23 October 1995 regular session were duly approved. A public hearing was held as advertised on the 1995- 1996 Public Improvements Assessments Project. Mr. Ack Moore, Moore Engineering Company, presented the following estimated costs for: (A) Glen Hardie Farms SubDivision - 16 lots at $11,676/lot, or approximately $186,812.00. Property owner Robert Mitchell was present and agreed to go ahead with the improvements. (B) Westley Street - Four parcels, each individually owned. Estimated cost at $69.50 per foot, or $92,740.00. Owners Ben Barnhill, George Stejskal, and Robert Walker were present and stated they were ready to proceed with the project. Mr. Edward Valentine was absent, but had sent word to Mr. Walker that he would vote as he, Mr. Walker, voted. This gives all four parcel owners an affirmative vote. (C) Spring Run Place SubDivision - 34 lots at $6300.00, or approximately $213,800.00. A representative of Ward Properties, Inc., stated they were ready to proceed. Mr. John Bullock, representing Volkert & Associates, the city's consulting engineers (along with Moore Engineering Company), presented an estimated cost of $1,800,000.00 for Rock Creek Unit IV, a planned unit development. Mr. Bullock was authorized by the owners, H/M Partners, Inc., to state they are ready to proceed with the project. Councilman Bishop introduced the following resolution in writing, and moved for its adoption. Seconded by Council- man Duck, motion passed unanimously by the following vote: AYE -Duck, Ford, Bishop, Nix, and Overstreet. NAY -none. (Resolution #502-95 on following page...) 13 November 1995 1717 RESOLUTION NO. 502-95 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. That upon evidence presented to and considered by it, the Council does hereby make a finding and determination of the following facts: (A) At a regular meeting of the City Council of the City of Fairhope held on the 23rd day of October, 1995, Improvement Ordinance NO. 986 was adopted. Notice of its adoption was given by publishing said ordinance in the October 28th and November 4th issues of the Fairhope Courier, a newspaper published in and of general circulation in the City of Fairhope; which said ordinance stated that the Council of the City of Fairhope would meet on the 13th day of November, 1995, at 5:30 PM in the Council Chamber to hear any objections, remonstrances or protests that might be made against said im- provements, the manner of making the same, or the character of the materials to be used. (B) A copy of said Ordinance No. 986 was sent by certified mail, postage prepaid, to each of the persons last assessed for City taxation the property proposed to be assessed for said improvements, at their last known addresses; said notice having been mailed on the 1st day of November, 1995, more than ten days prior to November 13, 1995. (C) No protests, objections or remonstrances against said improvements, the manner of making the same, or the character of the materials to be used have been filed in writing with the City clerk or in that office or have been made at this meeting. Section 2. That said Ordinance No. 986, entitled "An Ordinance to Provide for Certain Improvements in the City of Fairhope, Alabama, to be known as The 1995-1996 Public Improvement Assessments Project" is hereby in all things ratified and confirmed. ADOPTED THIS 13TH DAY OF NOVEMBER, 1995. x, mayor Attest Kfal-11m, velyn P/.J Phillips, City Cl 13 November 1995 1718 While discussing the Rock Creek part of the Project, a resident of Montrose Woods Drive outside, but adjacent to, the part of the Drive to be improved addressed the Council. Mr. Frank Woodson stated he was present to speak on behalf of himself and his neighbors concerning the extension of Montrose Woods Drive into Rock Creek Unit IV. Mr. Woodson said he understood the Council could not help him but he just wanted to be on record that he and his neighbors were opposed to the opening of Montrose Woods Drive into Rock Creek and they were also concerned that the Drive would be used as an access -way during the construction of Rock Creek Unit IV. Mr. Woodson stated his property and the neighbors' property is not part of the City. It was suggested the proper place to present his case might be the Planning & Zoning Commission, the agency in charge of sub -division regulation. Councilman Overstreet introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: RESOLUTION NO. 503-95 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: 1. That notice shall be given, asking for bids for public work provements described in Improvements Ordinance No. 986, adopted of October, 1995, (as confirmed, amended or modified by adopted on the 13th day of November, 1995.) 2. That the following notice shall be published once a week for two consecutive weeks in the Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope: NOTICE TO CONTRACTORS Sealed proposals will be received by the City of Fairhope, Alabama, at City Hall, 161 North Section Street, (PO Box 429) until 10:00 AM, CST, on the 5th day of December, 1995, after which time no bids will be received, and then publicly opened and read, for furnishing all labor, materials, tools, and equipment for the complete construction of certain public improvements, including grading, drainage, base & paving, curb & gutter, sidewalks, sanitary sewer, water lines, etc. Plans, specifications, and contract documents are open to public inspection as follows: (A) Glen Hardie Drive, Westley Street, Spring Run Drive, and Reilly Circle at Moore Engineering Company, 555 North Section Street, Fairhope; and (B) Rock Creek, Unit IV, at Volkert & Associates, 3440 Gulf Shores Parkway, Gulf Shores, and may be obtained from the offices of these Engineering Firms for a fee of $75.00. The right is reserved to reject any or all bids and to waive infor- malities and technicalities. No bid may be withdrawn after the scheduled closing time for receipt of bids for at least thirty days. Only proposals submitted by bidders duly licensed as required by the Alabama Code of 1975, Section 34-8-1, et seq., will be considered. A certified check or bid bond in the amount of 5% of the total bid price must accompany each proposal, the payee of such check or the obligee of such bond to be the City of Fairhope, Alabama. The success- ful bidder must furnish a surety bond for the faithful completion of the work in the amount of 100% of the bid price, executed by a bonding company licensed to do business in the State of Alabama; said bond to remain in full force and effect for a period of two years after the completed work has been accepted by the City. 3. The City Council will meet on the 11th day of December, 1995, at 5:30 PM, CST, for the purpose of tabulating the bids and awarding the contract. ADOPTED THIS 13TH DAY OF NOiEMBER, 1995. Jam s P. Nix, Mayor Attest �g� 9 in making the im- on the 23rd day 13 November 1995 1719 Councilman Ford introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed with Councilman Overstreet abstaining: RESOLUTION NO. 504-95 WHEREAS, Colonial Bank, at 386 Fairhope Avenue, has decided to close the alley between their location and the location of Stowe's Bama Jewelers,Inc.; and WHEREAS, this alley is not city property, but is property leased by Colonial Bank from the Fairhope Single Tax Colony; and WHEREAS, this alley is a'traffic hazard; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council concurs with Colonial Bank that it is in the best interests of the general public to close said alley. A t ter t ADOPTED AND APPROVED THIS 13TH QAY OF NOVEMBER, 1995. P . ix, Mayor Evelyn 10Phillips, City C]Ilerk Councilman Bishop introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: RFSOLUT ION NO. `� o5" 96— WHEREAS, the Owners of Scarborough Fair, Phase One (an unrecorded preliminary su bdivlsion) are desirous of having the street Lher ein accepted for maintenance by the City of 17 airhope, and; WIIEILLAS, the said Owners present to the City Council herewith a Ri L1h t-of-Way Deed to be the in the Probate Records of Baldwin Coun ly, Alabama, effectively dedicating the said street to the public, and; WHEREAS, the said Owners represent to the City Council that the required improvements have been installed ns required by the codes and ordinances of the City, and; WHLRLAS, the said Owners represent to the City Council that all plans and test reports required by Chapter 19 of the Fairhope Code of Ordinances have been submitted to the City, and; WHEREAS , the said Owners have provlded to the City Clerk a maintenance bond for the said improvement as required by said Chapter 19; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CI"rY OF FAIR140PL', ALABAMA that the said street and the utilities therein 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 of the following: 1. Drainage or utilities outside the limits of the public right-of-way, regardless of whether located In easements or not; 2. Stormwater facilities outside public right-of-way; 3. Sidewalks installed piecemeal by developers or property owners except upon final completion and inspection and /seeapA'rate resod(u\tio�n� ofthe Council. ADOPTED this the —day of 11 199,4- ATTEST: —._jaA % P. Nix, Mayor /- "A r�) � a 13 November 1995 1720 Mayor Nix appointed the following committee to discuss and prepare a Cat Ordinance: Councilman Bishop,as chairman, with Councilwoman Puckett and General Superintendent Phil Rutherford. The Eastern Shore Optimist Club requests permission to hold their annual Christmas Tree sale on the City lot be- tween First Alabama Bank and Robertson's Insurance Agency on North Section Street. This is the 22nd year for this sale which supports several youth -related projects. Councilman Duck moved to approve the request. Seconded by Councilman Ford, motion passed unanimously. Gambino's Restaurant, operating under a Restaurant Liquor License, requested they be given permission to sell alcoholic beverages on Sunday, December 31st, New Year's Eve. After some discussion, Councilman Duck advised the State ABC Board will not allow any exceptions to the rule and moved to deny the request. Seconded by Councilman Overstreet, motion passed unanimously. Council took the following action on bids: FOR 3000# AND 4000# READY MIX CONCRETE Less than Truck Load Trk Load Per Vendor Per Cu. Yd Cu. Yd. Reynolds Brothers Foley 3000# 4000# Southern Ready Mix Theodore 3000# 4000# 61.49 65.41 76.10 80.10 61.49 65.41 62.75 66.75 Bayou Concrete Company, Mobile, made no response. It is recommended to accept the low bid by Reynolds Brothers. --T. Kant, Public Works--W.Smith, Purchasing Agt. Councilman Overstreet moved to accept the low bid by Reynolds Brothers, provided all specifications are met. Seconded by Councilman Duck, motion passed unanimously. Councilman Bishop moved to approve the advertisment and sale, by sealed bids, of various pieces of obsolete equipment and vehicles. Seconded by Councilman Ford, motion passed unanimously. Councilman Overstreet moved to pay bills as presented. Seconded by Councilman Ford, motion passed unanimously. Councilman Overstreet reported he and his street 13 November 1995 1721 committee looked into Mr. Shep Shepard's request to have several parking spaces reserved for the City Museum only and it is their consensus that the reserved spaces could not be enforced, anyone parked there could claim they were visiting the Museum. A Ms. Judy Carlberg advised the Council that Ruby Tuesday's Restaurant on Greeno Road is operating a bar, contrary to what they claimed when applying for their liquor license, and she would like to have this checked out and corrected. There being no further business, meeting was duly adjourned at 6:10 pm. ames P. Nix,. Mayor zd4,� ? 9 �- � LI'v-elyn P Phillips, City lerk