City Council - Regular Meeting

We will proceed. If everyone will please stand for the invocation led by Councillor Derek Murphy and remain standing as Councillor Schultz leads us in the Pledge of Allegiance.

0:10 – 1:26•DMDerrick Murphy

Thanks to everyone who bowed their heads. Oh, Heavenly Father, we come to you before you tonight with grateful hearts, thankful for the opportunity to serve our community, and for the privilege to gather together. Lord, we lift up the families and communities across Alabama and the surrounding region that have been affected by the recent storm. We pray, especially for those who have lost loved ones. Please bring them comfort, strength in those families as they face days that will not be easy. The Bible says, John 33, 16, in this world you will have trouble, but take heart, I have overcome the

Mr. Mayor, I will turn the meeting over to you, sir.

5:47 – 6:17•DMDerrick Murphy

Mr. President, I want to say something. These ladies, Alpha Kappa, Alpha Sorority Incorporated, it's so many organizations that need volunteers, and they go without volunteers. And this chapter in the sorority does so much, not just in Alabama, but throughout the nation, and serving their community and moving cities and counties forward. So I really appreciate you. for choosing the city of Hoover and all the work you do for us.

Everyone received a copy of tonight's agenda. Do I have a motion for adoption?

Have a motion and a second. All in favor say aye. Aye. Opposed? The ayes have it. Public comments? We had no one publicly sign up. Is there anyone here tonight wishing to speak on an item that's not on the agenda? Very well, we'll move on to the consent agenda. Thursday night we met and went over all these items in depth. So tonight we will vote on the consent agenda as one block without discussion, unless there's an item that any member of council or member of the public wishes to pull out for discussion. Council, is there any item on the consent agenda you wish to remove? Hearing none, is th

Second. I have a motion and a second. All in favor say aye. Aye. Those opposed? The ayes have it. Moving on to the regular agenda, resolution number 900926.

I have a motion and a second. Are there comments by the council? Yes, Mr. President.

Take a few minutes. Before we vote on this lease renewal, I want to take a few minutes to share why this resolution matters to me and to the people of Bluff Park. On August 12, 2006, the Piggly Wiggly in Shades Mountain Plaza was robbed at gunpoint. It wasn't the first time Robert's Discount Pharmacy had been burglarized again and again. Other businesses on the mountain had been robbed. Residents were dealing with car break-ins and slow response times. Block Park sat at the far edge of a police beat that stretched from Highway 31 to Shades Crest Road. The day after that robbery, Ben Shelton, w

Any other comments from council? Any from the public? Hearing none, all in favor say aye. Aye. Those opposed? The ayes have it. Mr. Hardin, would you mind coming down and let's get a quick picture with you real quick? We're certainly appreciative of all your efforts. Moving on to resolution number 901126. Mr. President, I'm sorry.

Second. I have a motion and a second. Comments or questions from council on this?

Yes, Mr. President. I believe we had some unresolved questions on this item at the work session. So I believe that we're prepared to hear a little bit more about that maybe from the architect as well.

Mr. Miller, at what point do bids become involved? Did they work with the general? I'm wondering about the numbers. Who generates the numbers of the cost of the change order?

Other comments or questions for Ms. Hanna, the architect, or?

Yes, I would like to understand more about the request for the $116,407.31 associated with additional days being included in the extension request. So as I understand it, you're asking for an additional 44 days to complete the work, but also requesting $116,407.31. So help us understand the rationale there.

Is it your recommendation that we should approve the request for both the extension of time and for the money?

So when you say hoping not to need these days, you mean hoping to recover those days through efficiencies and other aspects of the project? Yes. And it would only be if the contractor goes past the 44 days that that $116,000 comes into place?

There was some discussion on Thursday night about the contractor won't collect on those dollars. Tell us a little bit more about that. It was essentially the way I understood it was like a hedge against liquidated damages for going past the date.

And it can only be used for that purpose if we pass this?

Mr. President, I'm sorry. Go ahead, Ms. Schultz.

Can you kind of expound on Ms. Driver's comment there? Because I don't think it was clear. The liquidated damages, that seemed to be a point of contention on Thursday in that they did not want that. Can you clarify that? What does that mean? Why does the contractor not want that?

Sir, if you will, can you elaborate on the delay of the 44 days. So I understand geotechnical surveys were done and then we hit a pocket of rock and that it was just really unforeseen. No fault of anyone or the process.

That helps me understand the 44 days that we keep referencing.

Yes, sir. The $116,000, you say that the extra work was determined in Change Order 5.

Dr. Lopez, I'm seeing some wrinkles in your forehead. Is there anything that you'd like to...

Okay. I just saw some deep breaths and forehead wrinkles, so I didn't know if maybe she had some thoughts she wanted to bring to us.

And that's the 116, and if they say they got finished in 35 days, it would be the 116 less 10 days. Yes. Or nine days. Nine days.

26:14 – 26:35•DMDerrick Murphy

Mr. Murphy? I just want to comment. So I've never known a contract to leave money on the table, but so the question I have is this right here. 44 days... Can we just ensure that the day they say they're working on it, they're working on that particular job? Because working 40 foot to the side, not related to this, can equal to 44?

26:36 – 27:30•DMDerrick Murphy

Yeah, so that'll be the only thing, those inspection schedules, making sure, because I don't know contractors that like to leave money on the table, and they'll use every 44 days to get that 116. So having them to document that information would be key to go back. To come back on your point, you have a limited time. If you say it's a challenge on the job and you don't make it known then, The engineering team can argue at the end of their job, we don't owe you for that because you should have said it at that time. So you're supposed to update change orders and requests for things and put you on

Any other comments from council? Any from the public? Hearing none, all in favor say aye. Aye. Those opposed? The ayes have it. Thank you. Moving on to resolution number 901226.

I have a motion and a second. Mr. Ringer, do you have additional information you want to share with us?

I don't think anyone likes the price tag on this house, but we do understand the cost that comes with commercial construction. I do believe this will be a great community asset. Looking forward to lots of birthday parties, retirement parties, showers, you name it. It's there for the public to use. It's been an eyesore for too long now, in my opinion. So I will be quiet and ask for any other comments or questions from council.

36:00 – 36:18•DMDerrick Murphy

Just one comment, and if you don't know, that's perfectly fine. We don't anticipate having any type of drainage type issues with the lake itself. And the only reason I ask for any type of capital outlay that may come about down the road. If you don't know that off the top of your head, you can just present it next time we have a council meeting.

Other comments or questions from council? Any from the public? Hearing none, all in favor say aye. Aye. Those opposed?

I have a motion and a second. This is a public hearing, so we will open up the public hearing. Any comments or questions from council? Any from the audience? Hearing none, we will close the public hearing and ask the clerk to call the roll, please.

Aye. With six ayes, the ordinance is adopted. Moving on to ordinance number 262715.

I have a motion and a second. This is also a public hearing, so we will open the floor. Comments or questions from counsel? Comments or questions from the public? Hearing none, we will close the public hearing and ask the clerk to call the roll, please.

Aye. With six ayes, the ordinance is adopted. Moving on to a public hearing for... See resolution 901826 and 901926.

This is a public hearing. Any comments or questions from council? Any from the audience? Hearing none, we will close the public hearing. All in favor say aye. Aye. All opposed? The ayes have it. Next, our first readings, no actions we'll be taking at this meeting. First up is ordinance number 262716.

Very good. That brings us to the end of our business portion. Before we move on to council comments, I do want to recognize Shelby County Commissioner Josh Siss with us. Nice to have you, Commissioner. Any comments from council tonight? Hearing none, Mr. Mayor? All good. Very well, we're adjourned.