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HomeMy WebLinkAbout01-14-1985 Regular Meeting. • STATE OF ALABAMA X COUNTY OF BALDWIN X d. The City Council, City of Fairhope, met in regular session at 5:30 o'clock, P.M., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 14 January 1985. Present were Mayor James P. Nix; Councilmembers Roy C. White, David E. Bishop, Michael A. Ford, and Barney L. Shull; City Attorney James Reid and City Clerk Evelyn Phillips. Councilwoman Trisha Nelson was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 27 December 1984 regular session were duly approved. Mayor Nix recognized and welcomed visitors to the meeting: Scoutmaster David Myrick and members of Boy Scout Troop #47. A public hearing was held on the rezoning request by Mr. and Mrs. Rufus C. Brock. The Brocks have remodled a home on the cor- ner of Bayview and Atkinson Lane (58 North Bayview) to allow for a "mother-in-law" apartment; however, the Brocks will not need the apartment for several years and have requested the rezoning from R2 to R4 in order to rent it to a separate tenant. Several people spoke in favor of and in opposition to the rezoning. Councilman White reported that the Planning & Zoning Commission recommended denial of the request. On a show of hands, 4 persons were in favor of rezoning and 5 persons were opposed. Councilman Ford moved to deny approval. Seconded by Councilman White, motion carried by the following vote: AYE - Ford, White, Shull. NAY - Bishop. A lengthy discussion was held regarding a street and two alleys in Commercial Park Subdivision. When the subdivision was accepted by the Planning & Zoning Commission in 1976, a stipulation was made that a vacation request be made to the City. Apparently, no petition to vacate was ever presented to the City Council by the abutting property owners. Now, a proposed Mental Health facility, to be located north of the subdivision, requires access to the sewer line via the dedicated street; however, property owner and developer Matt Dial has developed the subdivision as though the street and alleysdid not exist and he is not willing to grant a easement for the utilities. Instead, Mr. Dial is of the opinion that the City should vacate the street and alleys. Attorney Reid stated that the City can only approve a petition of vacation if there is no "public need" for the street or alley to be vacated. Mayor Nix concluded the discussion by appointing Councilmen White and Ford to look into the matter for a solution. 14 January 1985 630 Councilman White moved between Major Homes, Inc., subject to the approval of Councilman Bishop, motion to approve an Escrow Agreement and Southern Land Title, Inc., the City Attorney. Seconded by passed unanimously. A public.hearing was held on a vacation request of an alley between Pomelo Avenue and Kumquat Street. Realtor Lorene McCants spoke for the petitioning property owners and explained the alley was not now nor would it be used as an alley. No one present was opposed to the request. Councilman Bishop introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Shull, motion passed unanimously: RESOLUTION NO. 144-85 WHEREAS, Kenneth J. and Barbara A. Simons, Karl L. and Ilse Schulze, Jesse G. and Betty Williams, Marie S. Daves, Edward E. and Patricia Nelson, Pinckney S. and Rivars Jackson, and Joan C. Cowles have filed with the Mayor and Council of the City of Fairhope, Alabama, a Declaration of Vacation to vacate that certain 20-foot alley as described in said Declaration, which said alley is not now being used nor will it ever be used, as such, being located and described as follows: All of that certain 20 foot alley running easterly and westerly between Pomelo Avenue and Kumquat Street in the City of Fairhope, Alabama (per plat of record filed in Mis- cellaneous Book 1 at Page 331, Baldwin County, Alabama) less and excepting the east 60 feet thereof which was vacated as per instruments recorded in Miscellaneous Book 27, Pages 57-59, of the records in the office of the Judge of Probate, Baldwin County, Alabama. The said owners desire that the same be vacated and have by these presents filed said Declaration of Vacation with the Mayor and Council of the City of Fairhope, Alabama; and WHEREAS, the City of Fairhope has accepted the said Declaration and have determined that the said alley is not now in use nor will it ever be in use as an alley; THEN THEREFORE BE IT RESOLVED that the Mayor and Council of the City of Fairhope do by these presents assent to said Declaration of Vacation and it be, and the same is hereby vacated in accordance with Title 23-4-20 of the 1975 Code of Alabama, as amended. ADOPTED THIS 14th DAY OF JANUARY, 1985. (7 /� • JQ&94ofot, P. Nix, Mayor 14 January 1985 631 Councilman Bishop moved to hear the following business not on the Agenda. Seconded by Councilman White, motion passed unanimously: Mayor Nix advised that,, for the first time, a Mardi Gras parade will be held in Fairhope. The Knights of Ecor Rouge request approval of.the following parade route for February 9th: South on Section Street to Morphy Avenue, east on Morphy to Bancroft Avenue, north on Bancroft to Fairhope Avenue, west on Fairhope to Church Street, south on Church to Morphy Avenue, east on Morphy to Section Street and north on Section Street to point of beginning at the Municipal Complex. Councilman Shull moved to approve the route. Seconded by Councilman Ford, motion passed unanimously. Councilman White moved to pay bills as presented. Seconded by Councilman Ford, motion passed unanimously. Mayor Nix advised that a 36-foot work boat has been obtained from Army Surplus. It will be used to work on bulkheads and channel markers and will be available if needed by our marine rescue squad. Cost was approximately $600. Mike Rejczyk, City W&S Superintendent, is the newly elected Chief of the Fairhope Volunteer Fire Department. Mr. Robert O'Shall, local locksmith, again asked Council to stop policemen from opening locked vehicles. Mayor and Council advised that each of them had had numerous contacts from the public asking that this police policy not be changed. Mayor Nix said the Police have not been ordered to help citizens in this manner, it was an individual choice on the part of each officer to help or not to help and on the part of citizens to ask for aid or not to ask. Meeting was duly adjourned. Ao ` A s P. Nix, Mayor City C1 rk