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Home My WebLink About04-09-1979 Regular Meeting57 STATE OF ALAB 14A � COUNTY OF BALLDWWI14 The City Council, City of Fairhope, met in regular session at 7:00 p.m., City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama 36532, on Monday, 9 April, 1979 Present were Mayor James P. Nix; Councilmen Henry G. Bishop, Sam E. Box, Sr., Billy Don Wiggins, Jack A. Stipes, and David Ed Bishop; City Attorney John Duck and City Clerk Evelyn P. Phillips The minutes of 26 March 1979 regular session were duly approved. Mayor Nix presented a Certificate of Appreciation to Mr. Frank Buchanan for his work on Civil Defense preparedness and a Beautification Award to Dr. Fred Dieg- mann for the newly constructed Medical Park. Councilman Box moved to set the date of 9 May for a hearing on the 1977-78 Public Improvements Assessments. The meeting will be advertised in the Eastern Shore Courier on April 12th and certified letters containing notice of meeting and advising that Assessments Roll Book is ready for inspection will be sent to all property owners of record. The meeting will be at 7:00 p.m. in the City Administra- tion Building. Councilman Stipes seconded; motion carried over one abstention by Councilman Wiggins. A Mr. John Long addressed Council regarding Christmas Decorations. He was advised that the Council worked through the Chamber of Commerce on this matter. Rosie L. Dennis appeared before Council in regard to the Off -Premises Beer License she applied for on March 12th. Ms. Dennis did not attend the March 12 meeting and did not send in her proof of publication due to a misunderstanding. Since the hearing was held on March 12th(with no one opposing) and since Ms. Dennis did this date present her proof of publication, Councilman Stipes moved to approve the issuance of her license. Councilman Henry Bishop seconded and motion carried over one abstention by Councilman Wiggins. A petition for assent to vacation of a public right-of-way, located most part- icularily as described below, here identified as at the corner of Section and Seminole Streets, was presented in writing by the owners or holders of liens of all abutting property, the same being the Louiselle Corporation, Sam W. Irby, and S. Starke Irvine. The following Resolution was introduced by, with a motion for adoption, Councilman Henry Bishop. Seconded by Councilman Box, the vote was:'YEA Councilmen Henry Bishop and Box, NAY- Councilmen Ed Bishop and Stipes. ABSTAIN- Councilman Wiggins. Mayor Nix voted YEA, thereby adopting the following RESOLUTION. RESOLUTION That, LOUISELLE CORPORATION, a corporation, SAM W. IRBY and S. STARKE IRVINE are the owner and holders of liens of all of the property abutting on a public right-of-way more particularly described as follows: From the Northwest corner of Lot 21, Block 16, Volanta as recorded in Miscellaneous Book 1, page 341, of the Baldwin County, Alabama Probate Records, Run thence S70000"E, along the South right-of-way of Seminole Avenue, 53.93 feet to an iron pipe for the point of beginning; thence continue S700 001E, 53.93 feet to a point; thence run S18049'W, 55.27 feet to an iron pipe on the West right- of -way of Section Street; thence run N24° 54'30"W, 78.02 feet to the point of beginning, containing 0.034 acres, and being situated in Regular Section 8, Township 6 South, Range 2 East. And the said owner and lien holders have filed a petition with the City Council of the City of Fairhope, Alabama, requesting that siad City Council of the City of Fairhope, Alabama., give an assent to the vacation of a public right-of-way described above. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairhope Alabama as follows: "That the City Councilmen of the City of Fairhope, Alabama, do assent to the vacation of a public right-of-way described as follows: From the Northwest corner of Lot 21, Block 16, Volanta as recorded in Miscellaneous Book 1, page 341, of the Baldwin County, Alabama Probate Records, run thence S70*00"E, along the South right-of-way of Seminole Avenue, 53.93 feet to an iron pipe for the point of beginning; thence continue S70'00'E, 53.93 feet to a point; thence run S18'49'W, 55.27 feet to an iron pipe on the West right -of way of Section Street; thence run N24' S4' 30"W, 78.02 feet to the point of beginning, containing 0.034 acres, and being situated in Regular Section 8, Township 6 South, Range 2 East; which said right-of-way is situated in the City of Fairhope, Alabama; that a certified copy of this resolution be furnished to siad petitioners in order that same can be attached to the Declaration of Vacation to be filed in this matter as provided for by Code of Alabama. 1975, Section 23-4-1". ADOPTED by the City Council of the City of Fairhope, Alabama, on this the 9th day of April, 1979. Ol __ �/Vy yor Councilman Stipes moved to pay final invoice from Fairhope Paving Company on the Street Project as adjusted. Seconded by Councilman Ed Bishop, motion car- ried over one abstention by Councilman Wiggins. No bids were received on the Transrupter scheduled for opening on this date. However, bids had been asked for on the Twin Beech Metering System, also, to be opened this date, and one bid had been received. Councilman Ed Bishop moved to open the one bid. Seconded by Councilman Box, motion carried over one ab- stention by Councilman Wiggins. The bid was from Stuart C. Irby Company as follows: 3 GE Arresters @ $ 854.37 ea (Factory Stock) 2 GE Current Transformers @ $2707.49 ea. (6-8 wks delivery) 2 GE Potential Transformers @ $3006.33 ea (14-16 wks delivery) Councilman Ed Bishop moved to accept this bid provided it meets specifications. Seconded by Councilman Stipes, motion carried over one abstention by Councilman Wiggins. 59 The 12KV line, electrical service to Pump#2, will be discussed at the next regular meeting. Councilman Stipes reported to Council that the Harbor Board recommended Council approve some roof repairs to be done for Fishing Wharf Leasee Bob Jeffer- son. No action was taken pending presentation of costs.estimates. Councilman Henry Bishop moved to authorize the Mayor and City Clerk to execute a Bill of Sale on the Administration Building; all aviation and jet fuel pumps, tanks and accessories; and the T-Hanger building on North side of Administration building; all being located on the West side of the Fairhope M- micipal Airport; all for the price of $14,000; to Bass Aviation, Inc. as per the lease approved by Council on the 26th of February, 1979. Seconded by Councilman Box, motion carried over one NAY vote of Councilman Ed Bishop and one abstention by Councilman Wiggins. Councilman Ed Bishop requested this record to show he feels $14,000 is not adequate and the 30-year lease, with two 10-year extention options, is too long. City Attorney John Duck and Engineer Ack Moore were asked to word: up an Ordinance covering charges on permission to cut through City streets by Private Contractors for consideration at a later time. Nominations for the County Board of Equalization were: Dr. Amos Garrett, nominated by Councilman. Henry Bishop; Robert J. Potter, nominated by Councilman Stipes; and Roger Lee Kirkland, nominated by Mayor Nix. Councilman Stipes moved the nominations be closed. Seconded by Councilman Henry Bishop, motion carried over one abstention by Councilman Wiggins. With Council permission, Mr. Jack Pope, Major Homes, Inc., presented a request for approval of his plan to construct a covered bridge in his Covered Bridge Estates development, which was not on the Agenda. Mr. Pope reported he had tentative approval from the Planning & Zoning Commission provided Council approves the following maintenance plan offered: Mr. Pope, as developer of Cov- ered Bridge Estates, would maintain the Bridge until property was 100% sold. A restrictive covenant would be placed in deeds on lots in the development to the effect that, after Mr. Pope's responsibility ends, the maintenance of the Bridge would be the property owners responsibility. Councilman Stipes moved for approval provided City Attorney John•Duck first approves the legal papers setting forth this maintenance plan. Seconded by Councilman Ed Bishop, motion carried over one abstention by Councilman Wiggins. Some complaints are being made by local citizens who walk down to the Beach and who are being asked to pay the Beach Walk -Ins fee. Councilman Ed Bishop moved to leave this decision as to who pays to walk in to the discretion of the Beach Guards. Seconded by Councilman Stipes, motion carried over one ab- stention by Councilman Wiggins. Mayor Nix reported that Fairhope Cable TV, Inc., was to begin stringing lines on Tuesday, April loth. Councilman Henry Bishop proved to pay bills as presented. Seconded by Council- man Stipes, motion carried over one abstention by Councilman Wiggins. Meeting was duly adjourned., L i @ wr mo*a Aw g aililh; (0o 4./ yor