HomeMy WebLinkAbout07-08-1985 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session
at 5:30 o'clock, PM, Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 8 July 1985.
Present were Mayor James P. Nix; Councilmembers Roy C. White,
Trisha Nelson, Michael A. Ford, and Barney L. Shull; City Attorney
James Reid and City Clerk Evelyn Phillips. Councilman David E.
Bishop was absent.
There being a quorum present, Mayor Nix called the meeting,
to order. Minutes of the 24 June 1985 regular session were
duly approved.
Councilman White moved for final adoption of Ordinance
No. 755, an ordinance to amend the zoning ordinance y rezoning
certain properties owned by and known as the Corte property east
of Greeno Road. Seconded by Councilman Shull, motion passed
unanimously.
Councilwoman Nelson moved for final adoption of Ordinance
No. 756, an ordinance to annex and zone certain properties east
oT Greeno Road as per petitions for annexation by Atilio I.,
Angelo A., and Fred L. Corte; and Baldwin County, a political
subdivision of the State of Alabama. Seconded by Councilman White,
motion passed unanimously.
Ads placed in the EASTERN SHORE COURIER on June 19 and 26
requesting property owners to advise of interest in a paving
assessments project produced the following:
Curb & Gutter only: Gayfer Avenue from Section to Ban Secour.
South School Street from Murphy to Nichols.
Paving: Pleasant Street (unpaved portion).
Prospect Street between Greeno Road and Pleasant.
Bon Secour Street between Forster Ave and the south boundary
of Richmond Square.
Undeveloped: Approximately 300 linear feet on the south side of
Nichols Street east of the water tower.
Approximately 6.3 miles north and east of the city
(Valley Creek Development).
Councilman White moved to hold open the opportunity for other pro-
perty owners to express an interest before taking any further steps
toward an assessments project until the August 12th session.
8 July 1985
670
Seconded by Councilman Ford, motion passed unanimously.
Mr. John Duck, local attorney, presented a petition to
vacate a railroad right-of-way on behalf of property owner
Mrs. Evelyn Markris. The right-of-way, shown on the plat of
Volanta Sub -division, apparently dates back to the early 1900's.
The railroad, "The Mobile and Baldwin County Railroad", does
not now exist and may never have existed, according to Attorney
Duck; there is not now and never has been a railroad on the said
right-of-way. Councilman White introduced, and moved for the
adoption of, the following Resolution. Seconded by Councilman
Shull, motion carried by the following vote: AYE: White, Shull,
Nelson, Nix. NAY: none. ABSTAIN: Ford.:
RESOLUTION NO. 158-85
WHEREAS, EVELYN V. MARKRIS is the owner of Block F, Map of
Volanta, which said Block F is duly recorded in Miscellaneous
Book 1, Page 341 of the Probate Records of Baldwin County,
Alabama; and
WHEREAS, said EVELYN V. MARKRIS has executed a Declaration of
Vacation of a right-of-way of Mobile and Baldwin County Railroad
abutting on such portion of the property hereinafter described
to be vacated, which said property is more particularly described
as follows, to -wit:
Beginning at a point on the Northeast corner
of Block F, Map of Volanta, at the inter-
sections of the South right-of-way line of
Volanta Avenue and West right-of-way line of Mobile
Avenue. Thence run South 20' 0 minutes West
along that right-of-way line 200 feet to the
true Point of Beginning: run thence North 38'
2 minutes West along a line to the MLW of Mobile
Bay 652+ to a point on the West right-of-way
line of Mobile Avenue,'thence 20° 0 minutes
East to the true point of beginning, all being
in Block B and F, all in and according to a map
of Volanta in S37, T6S, R2E, recorded in the
office of the Judge of Probate of said County of
Baldwin, State of Alabama with all the improvements
thereon and recorded in Misc. Book 1, page 341 of
the probate records of Baldwin. County, Alabama, it
being the intent to describe all that certain right-
of-way leading from the West end of Mobile Avenue
to Mobile Bay whether the same is specifically
described herein.
WHEREAS, the above named EVELYN V. MARKRIS has filed a Declaration
of Vacation with the City Council of the City of Fairhope, county
of Baldwin, State of Alabama, requesting that the said Council
give its assent to the vacation of said premises; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
July 1985 671
Res. No. 158-85 continued:
as follows:
That the City Council of the City of Fairhope,
Alabama, does hereby assent to the vacation
of the right-of-way of Mobile and Baldwin
County Railroad abutting on such hereinabove
described property and lying in the mmnicipal
limits of the City of Fairhope, Alabama..
BE IT FURTHER RESOLVED that a copy of this Resolution
be furnished the said Petitioner along with the Decla-
ration of Vacation as provided for by Title 23-4-20 of
the 1975 Code of Alabama, for recording in the office
of the Judge of Probate of Baldwin County, Alabama.
Mr. Tim McCarty came before Council to request permission
to set up a Para -Sailing concession at the Beach. After dis-
cussion, Councilwoman Nelson moved to allow the concession
(a) after Mr. McCarty furnishes proof of adequate liability
insurance with City named as co-insured, (b) if City liability
carrier has no prohibitions of this type risk, (c) after City
removes 2 pilings from Bay area, (d) after Mr. McCarty pur-
chases a City business license, (e) concession is to be set up
north of Municipal Pier, and (f) Council reserves the right
to revoke the license if they decide it is in the best interests
of the City to do so. Seconded by Councilman White, motion
passed unanimously.
Councilwoman Nelson introduced, and moved for the adoption of,
the following Resolution. Seconded by Councilman Shull, motion
passed unanimously:
8 July 1985
672
RESOLUTION NO. 159-85
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, That Mayor James P. Nix is authorized to execute any
amendments to the grant agreement between the City and the
Federal Aviation Administration for improvements to the Fairhope
Mimicipal Airport as may be reasonable and proper to effect the
terms of the original grant agreement; and
BE IT FURTHER RESOLVED That all amendments are herewith approved
from the date of the original grant agreement to the present date.
ADOPTED THIS 8th DAY OF JP4Y, 1985.
City
v
Councilwoman Nelson nominated George McKee for reappointment
for a 2-year term on the Harbor Board. There being no other nom-
inations, Councilman Shull moved to close the nominations and
reappoint Mr. McKee. Seconded by Councilman Ford, motion passed
unanimously.
Councilman White nominated Horace Stowe and E. B. Gwin, each
for a 3-year term, for reappointment to the Parking Authority.
There being no other nominations, Councilman Shull move to close
the nominations and reappoint Mr. Stowe and Mr. Gwin.. Seconded by
Councilwoman Nelson, motion passed unanimously.
Councilman Shull nominated Phil Dyson and Buddy Richmond for
reappointment, each for a 2-year term, to the Community Appearance
Committee. There being no other nominations, Councilman White
moved to close the nominations and reappoint Mr. Dyson and Mr.
Richmond. Seconded by Councilwoman Nelson, motion passed unanimously.
Under old business, Mayor Nix advised that the Boundary
Agreement now appeared to be settled (Walsh -Evans) and a resolution
was ready for consideration. Councilman White introduced, and
moved for the adoption of, the following Resolution. Seconded
by Councilman Shull, motion passed unanimously:
8 July 1985
673
RESOLUTION'NO. 160=85
WHEREAS, the Fairhope Single Tax Corporation has caused a
revised Survey to be made of its Lands in Lot 1 & 2 of
Block 13-F, the Northern 58 feet of Block 13-F and Lot 2
of Block 13 in Division 2, in Baron DeFerriet Grant,
Section 37, T6S, R2E, Baldwin County, Alabama; which sur-
vey was certified by Claude W. Arnold, Alabama Reg. No. 1276; and
WHEREAS, the said Fairhope Single Tax Corporation, acting by
and through its President and Secretary, has executed its acknow-
ledgement and acceptance of such survey, ratifying and affirming
the boundaries common to Corporation Lands and Public Right -of -
Way as delineated thereon; and
WHEREAS, the said Corporation and its designated Lessees desire
that the Plat of said survey be filed in the Probate Records of
Baldwin County; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, AIABAMA,
as follows:
(1) That it is in the public interest that the boundaries of
public property adjoining corporate lands shown on said
Plat be and the same hereby are, by agreement, unalterably
and forever fixed as represented by said Plat.
(2) That the Mayor and City Clerk be, and hereby are, authorized
to execute and attest the said Plat for record.
(3) That a copy of this Resolution shall be filed with said Plat.
ADOPTED THIS 8th DAY OF JULY A 1985.
P/�
Councilwoman Nelson moved to hear the following business not
on the Agenda. Seconded by Councilman Shull, motion passed
unanimously:
Councilwoman Nelson moved to hold a public auction of obsolete
vehicles and equipment as soon as possible. Seconded by Councilman
Ford, motion passed unanimously.
Councilman Shull moved to accept that. certain MEMORANDUM OF
AGREEMENT dated 8 July 1985 between the City and the Donor/Developers
that sets out mutual covenants between the City and the Donor/
Developers for the deeding to the City of approximately 150 acres
to be used as a Municipal Golf Course. Seconded by Councilwoman
Nelson, motion passed unanimously.
8 July 1985
674
Mayor Nix publicly thanked Boy Scout Troop No. 47 for their
unsolicited assistance in cleaning up the Beach on July 5th. The
Troop showed up early that morning and did an outstanding job of
helping City crews clean up after the Fourth of July celebration.
Councilman White said the sidewalk project is well underway
and invited the public to take a look at what has been done to date.
Councilwoman Nelson moved to pay bills as presented. Seconded
by Councilman Shull, motion passed unanimously.
Meeting was duly adjourned.
City Werk