HomeMy WebLinkAbout12-16-1985 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session
at 5:30, p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Monday, 16 December 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 arrived late, as indicated in the body of the
following minutes.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 2S November 1985 regular session were
duly approved. Councilman Bishop moved to approve the minutes
of the 2 December 1985 special session after the correction of
a typographical error in Resolution No. 173-85: the city share
of the CDBG project proposed is to be $92,510.00 instead of
$87,400.00. Seconded by Councilman Shull, motion passed
unanimously.
(Councilwoman Nelson arrives.)
Mr. David Walter presented a framed, enlarged print of a
photograph made on the Fourth of July, 1927, on the Fairhope
Pier. The Mayor and Council thanked Mr. Walter for the gift,
a wonderful addition to our City's history.
Mr. Bobby Green requested Council permission to place a
split -rail, decorative fence at his business location, Green
Nurseries, on the City right-of-way on Greeno Road. Mr. Green
was advised that his fence would be on the State Highway right-
of-way and permission would have to be obtained from that
department, instead of from the City.
Mr. Garet Van Antwerp came before the Council representing
himself; his wife, Mary P. Van Antwerp; and Century 21 Wilson
Yeager & Masterson, Inc., to discuss the vacation of a portion
of Tensaw Avenue which was, according to the evidence presented
by Mr. Van Antwerp, supposed to have been vacated in 1963. In
addition to the vacation of the street, a small parcel of land
was deeded to the City for a lift.station. While the deed to
the City was recorded, the lift station was placed on a different
parcel and no record of the vacation of the street can now be
found in the City records or the Baldwin County Probate Office
records. After some discussion, Mr. Van Antwerp proposed the
following: (a) the City agrees to the vacation of the street,
(b) the City deeds back the original lift -station parcel, and
(c) the correct lift -station parcel is to be deeded to the City.
Councilman Shull moved to authorize the Mayor to accept the
deed on the lift -station parcel; introduced, and moved for the
16 December 1985
709
adoption of,the following Resolution to confirm the vacation of
that certain portion of Tensaw Avenue therein described; and
introduced an Ordinance to deed back the incorrect lift -station
parcel. Seconded by Councilman Bishop, motion carried by the
following vote: AYE -Shull, Nelson, Bishop, White. NAY - none.
ABSTAIN - Ford.:
RESOLUTION NO. 174-85
WHEREAS, in or about the month of March, 1963, that portion
of Tensaw Avenue lying between Pensacola Avenue and Railroad
Avenue, as shown on the original plat of Volanta subdivision,
recorded in the Baldwin County Probate Records, Misc. Book 1,
page 341, was, according to recitals contained in that cer-
tain deed from John W. Craig, as grantor, to the City of
Fairhope, as grantee, recorded in said Probate Records Deed
Book 330, page 156, vacated; but no evidence of formal vacation
proceedings is to be found in the City or the Probate Records; and
WHEREAS, MARY P. VAN ANTWERP and her husband, GARET VAN ANTWERP,
and CENTURY 21 WILSON YEAGER & MASTERSON, INC., a corporation,
the owners of all land abutting upon that portion of Tensaw
Avenue described below, have exhibited to the City Council a
petition for and a declaration of the vacation of said portion
of Tensaw Avenue lying in the confines of the City of Fairhope,
Baldwin County, Alabama, to -wit:
Begin at the northwest, or westernmost, corner of
Block 23 of Volanta, per plat thereof recorded in
Misc. Book 1, page 341, of the Probate Records of
Baldwin County, Alabama., and run thence north 65°,
13 minutes, 37 seconds east 393.26 feet to a point
on the west line of the right-of-way of Section
Street (US Highway 98); thence run north 17°, 59
minutes, 18 seconds east 85.67 feet to the point
where said west right-of-way line of Section Street
is intersected by the southwest or west line of
Railroad Avenue, an unopened street shown on the
said plat of Volanta; thence run north 24°, 5S min-
utes, 44 seconds west 3.11 feet to a point; run
thence south 65°, 13 minutes, 37 seconds west
451.31 feet to a point on the east, or northeast,
line of the Pensacola Avenue right-of-way; thence
run south 24°, 46 minutes, 54 seconds east, along
said Pensacola Avenue ROW line 66.00 feet, more or
less, to the point of beginning.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
1. The City of Fairhope confirms and does hereby assent to the
vacation of that part of Tensaw Avenue described above.
2. Said vacation is of a part of Tensaw Avenue which was dedicated
as a future street in the subdivision but was never opened as such
nor used by any member of the public for any purpose, nor by any
property owner as a means of ingress or egress.
16 December 1985 710
Resolution No. 174-85 continued:
3. Publication requirements have been met under
Act No. 386, H. 1199, adopted 8/14/73, as per
EASTERN SHORE COURIER issues 11/20/85, 11/27/85,
and 12/4/85, Fairhope, Alabama.
4. A certified copy of this Resolution shall be
furnished to the parties joining in such Declaration
to be recorded by them in the Office of the Judge of
Probate of Baldwin County, Alabama, along with
said Declaration of Vacation.
ADOPTED THIS 16th DAY OF
a I W, 0 n a "don
A public hearing was held on the rezoning request by John
C. Glover on his property located on the corner of Volanta Avenue
and Section Street. Mr. Glover requested the property be rezoned
B2 General Business (from Bab Tourist Resort Commercial Services)
but the Planning & Zoning Commission recommended the rezoning
be B1 Local Shopping. Mr. Glover was present and was represented
by his attorney, Ken Gibson. Mr. Gibson said Mr. Glover was
agreeable to the Bl zoning but would like to request the Council
to suspend the rules in order to consider the rezoning immediately.
No one present was opposed to the rezoning. Councilman White
introduced Ordinance No. 760, an ordinance to amend Ordinance
No. 557, known as the Zoning Ordinance, to rezone the property
to B1 Local Shopping. Councilwoman Nelson moved to suspend the
rules in order to consider the immediate final adoption of
Ordinance No. 760. Seconded by Councilman Shull, motion passed
by the following vote: AYE- White, Nelson, Nix, Ford, Bishop,
Shull. NAY -none. With unanimous consent, Councilman Bishop
moved for final adoption of Ordinance No. 760. Seconded by
Councilman Shull, motion passed by the following vote: AYE -
White, Nelson, Nix, Ford, Bishop, Shull. NAY- none.
A public hearing was held for citizen input on a Downtown
Development Authority. Some 42 members of the audience indicated
they were in favor of such an Authority. There were no un-
favorable comments. It was explained that at least three
qualified electors of the City would have to present an application
to the Council requesting that they be allowed to incorporate
as the Authority which will operate under Sections 11-54-A-1
through 24 of the Code of Alabama. The Council would approve
or deny the application.
16 December 1985
711
The following reports on bid openings were considered by
the Council:
For 10,000'
Gas Pipe:
Vendor
of 3/4" and 12,000' of 2" XTrue Coat
Total Price Delivery
Consolidated Pipe
Birmingham
$ 19,300.00
7-14 days
Empire Pipe
Birmingham
$ 19,972.40
In stock, as required
Westburne Supply
Mobile
$ 21,374.39
60 days
Superior Pipe
Pelham
$ 23,374.40
30 days
M. T. Deason Co.
Birmingham
$ 26,360.00
20 days
Water Products
Mobile
$ 26,840.00
14-21 days
Jeffrey's Steel
Mobile
$ 27,958.59
21 days
Purchasing Agent Smith
and Gas Superintendent Fuqua
recommended pipe be purchased
from
Empire Pipe Company
of Birmingham because
Empire could
make delivery in
2 days while Consolidate3Pipe
Company could not make
delivery in less than
10 days. So
moved by Council-
man White. Seconded by
Councilman
Shull, motion
passed unanimously.
For Four 100 KVA Pad Mounted Transformers:
Vendor Price Each Delivery
Hatfield & Co
Mobile $ 1,697.00 9-11 weeks
Mack Electric Co
Dothan $ 1,378.00 6-8 weeks
Purchasing Agent Smith and Electric Superintendent
Norris recommended acceptance of the lowest bidder,
Mack Electric Company of Dothan. So moved by Council-
man Bishop. Seconded by Councilwoman Nelson, motion
passed unanimously.
For a 1986 Pickup Truck for the Gas Dept.:
Vendor Total Price
Steber Chevrolet, Daphne $9,170.00
Gaston Motor Co, Fairhope $9,742.00
Purchasing Agent Smith and Gas Superintendent Fuqua
recommended acceptance of the lowest bidder. So
moved by Councilwoman Nelson. Seconded by Council-
man Ford, motion passed unanimously.
16 December 1985
712
Councilman Shull introduced, and moved for the adoption of,
the following Resolution. Seconded by Councilman White, motion
passed unanimously:
RESOLUTION NO. 175-85
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
After reviewing,and evaluating bids received
on the rental of an 8' dredge and 1500' of
8" pipe on a month -to -month basis; We, the
Mayor and Council, hereby award this rental
contract to:
F.U.R.E.I.
Mobile, Alabama
with the understanding that this rental is
contingent upon, and will begin as soon as
possible after, the securing of all necessary
permits from the US Corps of Engineers.
Terms: 1st, 2nd, 3rd months .... $12,000 month
Subsequent months ....$ 9,000 month
Mobilization/Demobilization ... $ 2,500
City will provide Hull coverage marine lia-
bility and equipment insurance.
ADOPTED THIS 16th DAY OF DECEMBER. 1985.
ty
Councilman Shull, as Chairman of the Recreation Board,
reported to Council that Board's recommendation as to whether
or not plans should go forward toward the Municipal Golf
Course project. The project as originally conceived did not
work out. The Board, after much study and discussion, recom-
mends the Council approve the expenditure of not more than
$15,000 of the Recreation Improvements Capital funds on a Land
Use Plan. With this Plan in hand, whether or not to continue
with the Project can then be determined...:.Councilman Shull moved
to authorize the Recreation Board to use no more than $15,000
of the Recreation Improvements Capital Fund for a Land Use Plan.
Seconded by Councilwoman Nelson, motion passed -unanimously.
16 December 198S
713
Councilwoman Nelson moved to pay bills as presented.
Seconded by Councilman Ford, motion passed unanimously.
Meeting was duly adjourned.
a-'Yo
City Cle
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