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HomeMy WebLinkAbout10-27-2003 Regular MeetingSTATE OF ALABAMA )( 3214 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, 27 October 2003. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; and City Clerk/Treasurer Geniece W. Johnson. City Attorney Marion E. Wynne was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and Rev. Jerry Henry, Pastor of First Baptist Church, gave the invocation. Councilmember Anders moved to approve minutes of the 13 October 2003, regular meeting. Seconded by Councilmember Gentle, motion passed unanimously. The City Council was advised by Geniece W. Johnson, City Clerk/Treasurer not to take action of this item, a request to re -zone the property of Regions Financial Corporation Tax Department from B-4 Business and Professional District to B-2 General Business District with deed restrictions. The property is located at the Northwest corner of Morphy and U. S. Highway 98. Mayor Kant explained that the publication for the public hearing held on 13 October 2003 was improper. The deed restriction for this request was not made available to the City Clerk for publication. Therefore, a new public hearing will be held on November 24, 2003. Councilmember Gentle moved for final adoption of the request to re -zone the property of William J. Manifold from R2 Single Family Residential to Planned Unit Development. This property is located at the Southwest corner of County Road 27 and Windmill Road. (introduced and Public Hearing held 10/13/03) Seconded by Councilmember Christenberry, the motion for final adoption of Ordinance No. 1181 passed by the following votes: AYE -Gentle, Kant, Anders, and Christenberry. NAY -Quinn, ABSTAIN -Ford. 27 October 2003 3215 Councilmember Anders introduced in writing Ordinance No. 1182, an ordinance annexing Elizabeth A. and Leslie E. Odom property, located at 470 Fairland Avenue, Fairhope, Alabama, .05 acres more or less. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Gentle, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1182. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford introduced in writing Ordinance No. 1183, an ordinance annexing Daryl L. and Ella S. Stephenson property, located at 19161 Ingleside Street, Fairhope, Alabama, 2 acres more or less. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1183. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1184, an ordinance annexing Gilbreath-Petz Development, LLC (Jerry M. Gilbreath President and Fairhope Single Tax Corporation) property, located at the corner of Gayfer Road Ext. and Blueberry Lane, Fairhope, Alabama, 38.96 acres more or less. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Gentle, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Christenberry so moved for final adoption of Ordinance No. 1184. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1185, an ordinance annexing City of Fairhope property, located next to the H. L. "Sonny" Callahan Airport on County Road 32, Fairhope, Alabama, (Former owners Florence M. Uhlhom and E. Mason Mccowin) Parcel # 1 36.64 and Parcel #2 21.63 acres more or less. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1185. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 27 October 2003 3216 Councilmember Quinn introduced in writing Ordinance No. 1186, an ordinance annexing City of Fairhope property, located next to the H. L. "Sonny" Callahan Airport on County Road 32, Fairhope, Alabama, (Former owners Austin F. Beasley and Betty C. Beasley) .53 acres more or less. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1186. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1187, an ordinance annexing City of Fairhope property, located next to the H. L. "Sonny" Callahan Airport on County Road 32, Fairhope, Alabama, (Former owners James C. Bishop) .18 acres more or less. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Anders, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn so moved for final adoption of Ordinance No. 1187. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none Councilmember Quinn introduced in writing Ordinance No. 1188, an ordinance annexing City of Fairhope property, located next to the H. L. "Sonny" Callahan Airport on County Road 32, Fairhope, Alabama, (Former owners James E. Atchison) 18.50 acres more or less. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1188. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none Councilmember Ford introduced in writing Ordinance No. 1189, an ordinance annexing City of Fairhope property, located next to the H. L. "Sonny" Callahan Airport on County Road 32, Fairhope, Alabama, (Former owners William Thomas McKenzie and Mary Julia McKenzie) 15.93 acres more or less. In order to take immediate action Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Anders, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1189. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none 27 October 2003 3217 Councilmember Ford introduced in writing Ordinance No. 1190, an ordinance establishing safety and security procedures for the H. L. "Sonny" Callahan Airport. In order to take immediate action Councilmember Anders moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1190. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution for amendment to lease with Teledyne at the H. L. "Sonny" Callahan Airport. Seconded by Councilmember Gentle, motion passed unanimously. 27 October 2003 RESOLUTION NO. 996-03 FIFTH AMENDMENT TO LEASE AND AIRPORT OPERATION AGREEMENT 3218 This Fifth Amendment to Lease and Airport Operation Agreement (this "Fifth Amendment") is entered into as of the 27s' day of October , 2003, by and between the City of Fairhope, a municipal corporation organized under the laws of the State of Alabama, acting through its duly constituted agent, the Fairhope Airport Board ("Lessor"), and Teledyne Continental Motors, Inc., a Delaware corporation ("Lessee"). RECITALS: WHEREAS, Lessor and Teledyne Continental Motors, a division of Teledyne Industries, Inc., a California corporation ("Teledyne"), entered into that certain Lease and Airport Operation Agreement dated June 28, 1995 (the "Original Lease"); WHEREAS, Lessor and Teledyne entered into that certain First Amendment to Lease and Airport Operation Agreement dated June 28, 1997 (the "First Amendment'), whereby the parties thereto amended the Original Lease; WHEREAS, Lessor and Teledyne entered into that certain Second Amendment to Lease and Airport Operation Agreement dated November 25, 1998 (the "Second Amendment'), whereby the parties thereto amended the Original Lease; WHEREAS, Lessor and Teledyne entered into that certain Third Amendment to Lease and Airport Operation Agreement adopted by Resolution 633-99 of the City Council of the City of Fairhope, Alabama on April 26, 1999 (the "Third Amendment'), whereby the parties thereto amended the Original Lease; WHEREAS, Lessor and Teledyne entered into that certain Fourth Amendment to Lease and Airport Operation Agreement dated September 27, 1999 (the "Fourth Amendment'), whereby the parties thereto amended the Original Lease (the Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment, is hereinafter referred to as the "Lease"); WHEREAS, in accordance with notice dated December 20, 2001 and confirmed and consented to by Lessor on April 15, 2002, Teledyne assigned all of its right, title and interest in and to the Lease to Lessee, and Lessee and took the place of the original lessee under the Lease; and WHEREAS, Lessor and Lessee have agreed to reduce the premises covered by the Lease in accordance with and subject to the terms and conditions of this Fifth Amendment. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and undertakings set out below, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 27 October 2003 3219 REDUCTION OF PREMISES. Article II of the Lease, entitled "Leased Premises," is amended to delete approximately 17,000 square feet of covered space (hereinafter referred to as the "Deleted Building Space") and approximately 40,000 square feet of yard space (hereinafter referred to as the "Deleted Yard Space," the Deleted Building Space and the Deleted Yard Space being hereinafter referred to as the "Deleted Premises"), all as more particularly described on Exhibit A-5 attached hereto and made a part hereof. The parties agree that effective as of the date of this Fifth Amendment, the Deleted Premises are excluded from the Premises (as that term is defined in the Lease). Notwithstanding anything contained herein to the contrary, Lessee acknowledges and agrees that Lessor shall be free to lease the Deleted Premises to any third party in Lessor's sole and absolute discretion (any such third party lessee shall hereinafter be referred to as an "Alternate Tenant"). 2. PAYMENTS. Article VI of the Lease, entitled "Payments," is amended by deleting Section A.2. thereof in its entirety and inserting in lieu thereof the following: 2. Rent. A rental of Six Thousand Dollars ($6,000) per month for the Premises during the lease term of this Agreement, said rent being due and payable on the twentieth day of each month. There shall be a ten (10) day grace period, and a one percent (1%) per month penalty for payments not made prior to the end of the grace period. 3. RELETTING OF DELETED PREMISES. At any time during the term of the Lease or any renewal thereof, if the Deleted Premises are not then leased by Lessor to a third party, Lessee may give written notice of its desire to relet the Deleted Premises (a "Relet Notice"). Within thirty (30) days of its receipt of the Relet Notice, Lessor and Lessee shall commence good faith negotiations concerning Lessee's desire to relet the Deleted Premises, it being the parties' intent that the Deleted Premises would be restored to the Leased Premises and again be subject to the Lease and that the parties would either mutually agree to an equitable rental rate for the Deleted Premises, or the rental would be determined by a committee of appraisers in accordance with the last sentence of the first paragraph of Article I of the Lease; provided, however, if Lessor is engaged in active negotiations with a prospective Alternate Tenant at the time of Lessor's receipt of the Relet Notice, Lessor shall have no obligation to commence negotiations with Lessee until such time as the negotiations with the prospective Alternate Tenant have ended, the determination of which shall be made solely by Lessor. USE OF DELETED PREMISES; INSURANCE. A. Insurance. ARTICLE VIII.A.1 of the Lease, is deleted in its entirety and the following is inserted in lieu thereof: Comprehensive general liability insurance, specifically including airport coverage, insuring against any and all liability by reason of Lessee's conduct incident to the use of the Premises, or resulting from any accident occurring on or about the roads, driveways or other public places, including runways and taxiways, used by Lessee at the Airport, caused by or arising out of any wrongful act or omission of Lessee, in the minimum amount of Five Million Dollars ($5,000,000.00). B. Lessor shall require any Alternate Tenant to obtain and maintain continuously in effect at all times during any lease of the Deleted Premises insurance coverage no less than is required to be maintained by Lessee under the Lease, as amended hereby. 27 October 2003 3220 C. Prior to any use or occupancy of the Deleted Premises by an Alternate Tenant, Lessor or any other person or entity, Lessor shall provide Lessee a Certificate of Insurance verifying that insurance coverage in an amount no less than is required under subpart A of this Paragraph 5 has been obtained by the user or occupier of the Deleted Premises. 5. AMENDMENT OF REQUIRED SERVICES. Article III.A.2 of the Lease, captioned "Required Services," is amended by deleting the first sentence thereof and insert in lieu thereof the following: Lessee agrees to provide those services set forth in the Proposed Business Plan for Operation of the Fairhope Municipal Airport submitted to the Fairhope Airport Board, except for those services incorporated by reference into the Proposed Business Plan from Section 6.e. of the Minimum Standards for Fixed Base Operators at Fairhope Municipal Airport captioned "Aircraft Rental and Sales." 6. ASSIGNMENT TO AIRPORT AUTHORITY. Lessee acknowledges that Lessor has authorized the incorporation of the Fairhope Airport Authority, Inc., a public corporation organized under the laws of the State of Alabama (the "Authority"), and that the Authority was incorporated pursuant to the filing of its Certificate of Reincorporation dated the 25`h day of March, 2003, and recorded as Instrument Number 718863 in the records of the Office of the Judge of Probate of Baldwin County, Alabama. Lessee further acknowledges that Lessor intends to (i) convey the real property constituting the Airport (as that term is defined in the Original Lease) and (ii) assign all leases and contracts connected therewith, including, but not limited to, the Lease, to the Authority, with the Authority agreeing to assume all obligations of Lessor thereunder (collectively, the "Assignments"). In connection with the Assignments, Lessee shall execute such acknowledgments and other documents as are reasonably necessary to accomplish the Assignments. 7. RATIFICATION OF LEASE. Except as expressly set forth herein, all terms of the Lease shall be and remain in full force and effect. The Lease as herein amended is hereby ratified and affirmed as of the date hereof. 8. MISCELLANEOUS. A. Entire Agreement. This Fifth Amendment sets forth the entire agreement of the parties respecting its subject matter and may be altered or amended only by written instrument executed by both parties. B. Governing Law. This Fifth Amendment is to be construed in accordance with the laws of the State of Alabama. C. No Current Default. Lessor acknowledges that upon effectiveness of this Fifth Amendment, Lessor is not aware of any default by Lessee with respect to its obligations under the Lease. D. Counterparts. This Fifth Amendment may be executed in multiple counterparts, and each such counterpart shall be considered an original, but all of which together shall constitute one and the same agreement. Adopted this 27`h Day of October , 2003. Ir �. Tim o y M. nt, ayor Attes en'ece W. Johnson, City Cl re er 27 October 2003 3221 A Public Hearing was held as advertised on the request for a Package Store License by Paul Moore, dba Bay Shores Oil Inc./Jubilee Mart at 821 South Mobile Street, Fairhope, Alabama. Councilmember Anders moved to approve the issuance of the license. Seconded by Councilmember Christenberry, motion passed unanimously. City Council reviewed an application for a Special Retail License (One time event), by Mary Anne E. Nelson, dba Mary Ann's Deli & Catering Inc., located at 7 South Church Street, Fairhope, Alabama. Councilmember Anders moved to approve the issuance of the license. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Ford moved to grant the request of the Eastern Shore Optimist Club, requesting the use of the City's property behind the Nut Processing Building on Bancroft for their annual fund raising Christmas Tree Sale for 2003. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Anders moved to grant the request of Print-Xcel, requesting that the City of Fairhope close off Nichols Avenue from Greeno Road down to the End of Print-Xcel property line next to Ingersoll's Air Conditioning and Refrigeration from the hours of 10:30 a.m. until 3:30 p.m. for their "Southeastern Regional Open House", on Saturday, November 8, 2003. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Quinn addressed the City Council requesting that the Port Authority Board insist that ExxonMobil fund an independent, peer reviewed risk assessment specific to the Homeport site before granting an option for sale. This study would not result in additional expense for ExxonMobill, as FERC already requires a risk assessment as part of the permitting process. Additionally, it could be used as part of the FERC application, so it would not add to ExxonMobil's projected timeline. If a qualified term's independent risk assessment determines that the LNG facility poses no legitimate risks to the safety of nearby citizens and workers and will not compromise the recreational and commercial posture of the Bay, I will not compromise to the LNG project. Rick Collins also addressed the City Council requesting support of an independent study. Mayor Kant expressed that he would turn this issue over to the Gas, Water, and Sewer Committee. The members of this committee are Chairperson Christenberry, Quinn and Ford. Councilmember Quinn announced that she turned in a letter of resignation from this board last year. Councilmember Gentle expressed that a champion person should be selected that is knowledgeable about this issue and let that person represent the people to look into the safety of the people. Councilmember Gentle questioned who would pay for the study. Councilmember Quinn seconded Councilmember Anders' motion, the motion did not pass by the following votes: AYE -Quinn, and Anders, NAY -Gentle, Ford, Kant, and Christenberry. 27 October 2003 Identification: "CATHODIC PROTECTION SYSTEM" Bids to be received by: Monday, Oct 13, 2003 Time: 10:00 a.m. Cathodic Protection System for the Gas Department. 3222 SENT TO: I BID AMOUNT. DELIVERY: -]BID ALLIED CORROSION INDUSTRIES, INC., Marietta, GA $12,332.00 7-Days MESA CORROSION CONTROL, INC., Tallahassee, FL $12,350.00 4-Days COASTAL CORROSION CONTROL, Baton Rouge, LA $20,730.00 4-5 Days CORROSION TECHNICAL SERVICES, Tucker, GA NO RESPONSE PRO-TEC SERVICES, INC., Martin, GA NO RESPONSE R&R CORROSION SERVICES, Fyffe, AL NO RESPONSE MID -SOUTH CORROSION SERVICES, INC., Paris, TN NO RESPONSE It is recommended to accept the bid of ALLIED CORROSION INDUSTRIES, INC. Marietta, GA for the price of $12,332.00 with all specifications being met. Steve Seay, Gas Superintendent Wayne Smith, Purchasing Agent Councilmember Gentle moved to accept the low bid of Allied Corrosion Industries, Inc., Marietta, Georgia, providing all specifications are met. Seconded by Councilmember Ford, motion passed unanimously. Joe Bertagnolli, with Citizens for Local Troops Support, addressed the City Council requesting donations for Christmas gifts such as CDs, DVDs, Paperback books, hard candy etc. for the 1165 troops in Iraq. All gifts donated may be dropped off at the Courier or Chamber of Commerce. Monetary donations will also be accepted for postage and may by dropped off at SouthTrust Bank. Lisa Adams representing the Cub Scouts will be working with the Key Club Committee on replacing yellow ribbons in support of the troops in fighting the war on terrorism. There being no further business to come before the City Council the meeting was duly adjourned at 6:22 p.m.