HomeMy WebLinkAbout09-22-1980 Regular Meeting210
STATE OF ALABAMA ;(
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session at
7:00 p.m., City Administration Building, 387 Fairhope Avenue, Fairhope,
Alabama., on Monday, 22 September 1980.
Present were Mayor James P. Nix; Councilmenbers C.O. McCawley,
Trisha Nelson, Jack A. Stipes, and David Ed Bishop; City Attorney John
Duck and City Clerk Evelyn Phillips. Absent: Councilman Sam E. Box
Mintues of the 8 September 1980 regular session were duly approved.
A Public Hearing was held on a Wine Retailer's License application
by GREER'S, INC., Store No. 18, located at 75 South Section Street. No
one present was opposed to the application. Proof of Publication was
presented. Councilman Stipes moved to approve the application. Seconded
by Councilman McCawley, motion passed unanimously.
A Public Hearing was held on a Retail Beer License by Allan Johnson,
dba NEW CLUB DELISA, 553 Young Street. No one present was opposed to
the application. Proof of Publication was presented. Mr. Johnson's
application was disapproved by the FPD due to his police record. Council-
man McCawley moved to table the application until the next regular session.
Seconded by Councilwoman Nelson, motion passed unanimously.
Councilman Bishop reported the $3,000 offer for the parcel of land
adjacent to the Turin Beech Road substation had been rejected. Councilman
Bishop moved to authorize Mayor Nix to negotiate with the landowners and
make a recommendation to Council at a later meeting. Seconded by Council-
man Stipes, motion passed unanimously.
The Library Budget for 1980-81 was presented to Council for study.
Librarian Nena Shelly spoke briefly about the Library's plans for next
year and the progress toward restoring good will and continuing past
programs this year. Mrs. Shelly reported a complete inventory had been
made during the past nine months,'a task not undertaken for a number of
years past, and said this would be kept current.
Councilman. Bishop introduced the following Resolution. Inri order to
take action at this time, Councilman McCawley moved to suspend the rules.
Seconded by Councilwoman Nelson, motion passed by the following vote:
AYE: Councilmembers'McCawley, Nelson, Bishop and Stipes. NAY: none.
Councilman Bishop then moved for final adoption of the Resolution.
Seconded by Councilwoman Nelson, motion passed unanimously:
RESOLUTION
WHEREAS, ROBERT GARY MITCHELL and wife, MARCIA F. MLTMIL and
EASTERN SHORE BUILDERS, INC., an Alabama corporation, have filed
with the Mayor and City Council of the CITY OF FAIRHOPE, ALABAMA,
a Declaration of Vacation to vacte so much of that certain 20-foot
drainage easement as described in the Declaration of Vacation,
which said drainage easement is not now being used nor will it
ever be used as such, located and described as follows:
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211
Lots 49, 50, 51, 52, 55, 56, 53 Audobon Place as
recorded as GREENWOOD PARK SUBDIVISION in Map Book
8, Page 83, and as amended in Misc. Book 32, Pages
119-121, Baldwin County, Alabama Probate Records.
The said owners desire that the same be vacated and do by these
presents file this Declaration of Vacation with the Mayor and City
Council of the City of Fairhope, Alabama, and
WHEREAS, the CITY OF FAIRHOPE, has accepted the said Declaration
of Vacation and that the said drainage easement is not now in use
nor ever will be in use as a drainage easement.
14OW THEREFORE, BE IT RESOLVED that the Mayor and City Council of
the CITY OF FAIRHOPE, do by these presents assent to such Declara-
tion of Vacation, and it be, and the same is hereby vacated in accordance
with Title 23-4-20 of the 1975 Code of Alabama.
ADOPTED THIS THE 9 th DAY OF
Councilman Stipes intrbdtT6ed the following Resolution. In order
to take action at this time, Councilman McCawley moved to suspend the rules
Seconded by Councilman Stipes, motion passed by the following vote: AYE-
Councilmembers McCawley, Stipes, Nelson, and Bishop. NAY -none. Councilman
Stipes then moved for final adoption of the Resolution. Seconded by
Councilman McCawley, motion passed unanimously:
%iES6 A. u T i ON
WHEREAS.., Fairhope Single Tax Corporation, Inc., a corporation, Janet
K. Davidson, Sherwood C. McBroom and Annie S. McBroom, husband and wife
and Dolly Leona Niles, have exhibited to the City Council of the City
of Fairhope, Alabama., a municipal corporation, a Declaration of Vacation
in which and by which the said parties have declared to be vacated that
part of Cliff Drive described as follows:
Begin at the Southeast Corner of Lot 6, Block 29 of Plan of
Subdivision of Land, The Fairhope Single Tax Corporation as per
plat thereof recorded in the Office of the Judge of Probate
of Baldwin Count im
ty, Alabama in Misc. Book 1, Pages 320-21, r
thence North 45 00' E a distance of 50 feet, more or less, to
the North edge of Cliff Drive, rim thence in a Northwesterly
direction along the north edge of Cliff Drive a distance of
373 feet, more or less, to a point located North 2CP 00' East
of the Northwest corner of Iot Lin said Block 29, run thence
South 20 00' West a distance of 50 feet, more or less, to the
Northwest corner of said lot 1, run thence South 45°00' East
along the South edge of Cliff Drive a distance of 373 feet,
more or less, to the point of beginning.
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212
and which property is within the corporate limits of the City of
Fairhope, Alabama, and
WHEREAS, the said parties have requested that the City of Fairhope
acting by and through its City Council as the governing body thereof,
assent to the said partial vacation of the said plat:
NOW, Tf-EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA AS FOLLOWS:
1. The City of Fairhope, Alabama has and does hereby assent to the
vacation of that part of Cliff Drive described above.
2. A certified copy of this Resolution shall be furnished to the parties
joining in such Declaration to be recorded by then in the Office of
the .judge of Probate of Baldwin County, Alabama along with said Declar-
atJ*.an of �U cation. �
letter from Mr. and Mr�l�Huckabee, 314 Am Street, was read
which requested permission to leave a fence up at the sides of their
driveway, (said fence extended onto City right-of-way), and asked
for No Parking Signs to be erected along frost of their property,
They also complained about some damage to their drive which Supt.
Rutherford was asked to check. Councilman Stipes moved to allow the
fence to rena.in in place. Seconded by Councilman Bishop, motion passed
unanimously. The No Parking Signs request was taken -under advisement.
Councilman Bishop moved to hear the following business not on the
Agenda, Seconded by Councilwoman Nelson, motion passed unanimously:
Councilman McCawley introduced, and moved for the adoption of,
the following Resolution, Seconded by Councilman Stipes, motion passed
unanimous ly :
RESOLUTION
BE IT RESOLVED BY THE 14AYOR AND COUNCIL OF THE CITY OF FAIRHOPE
that an Attorney General's Opinion be requested on the following
question: May the City of Fairhope employ and pay legal counsel
for the Mayor, members of the City Council and members of the
City Library Board of Trustees who have been sued in their individ-
ual capacities? do
Adopted thiW % day of IqA, 1980.
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213
Councilman Stipes requested to be heard on several items not
on the Agenda. So moved by Councilwoman Nelson, seconded by Council-
man McCawley, motion passed unanimously:
Councilman Stipes asked if any paving would be done in front
of St. Lawrence Catholic Church, and what was the $50,000.00 item on
the Financial Statement marked Civic Center. Mayor Nix explained the
paving would be done at St. Lawrence's and the $50,000.00 was savings
toward a Civic Center fund. Councilman Stipes asked again that
the Council consider creating a position for an assistant to the
Building Official, particularly someone familiar with plumbing re-
quirements. Councilman Stipes also asked Supt. Rutherford to
check an open manhole at Simon & Gayfer Streets.
Councilman Stipes read a letter of appreciation to the Council
on this the last regular session of his term as a Councilmember.
Meeting was adjourned.
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