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HomeMy WebLinkAbout08-14-2006 Regular Meeting-3896- STATE 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, 14 August 2006. Present were Council President Robert C. Gentle, Councilmembers: Debbie W. Quinn, Daniel Stankoski, Cecil Christenberry, and Michael A. Ford; Mayor Timothy M. Kant, City Attorney Marion E. Wynne, and City Clerk Assistant April Westervelt. City Clerk Geniece W. Johnson was absent. There being a quorum present, Council President Gentle called the meeting to order. The Pledge of Allegiance was recited, and Joe Bullington from Fairhope United Methodist Church, gave the invocation. Councilmember Stankoski moved to approve minutes of the 24 July 2006, regular meeting. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor's Comments and Staff Reports: City Attorney, Marion E. Wynne, addressed the City Council regarding problems with Engineers, Developers and Plumbers of various subdivisions. Mr. Wynne stated that there was a problem with the developers turning over the property to the Home Owners Association before problems where addressed. Mr. Wynne mentioned about having more efficient follow through and having engineers fix the problems prior to the expiration of the Maintenance Bond. Mr. Wynne stated that letters would be sent to the Engineers, Developers and Plumbers to fix any problems. Mayor Kant, stated that if the problems are still not resolved that the engineers, developers, or plumbers should have to come before the City Council for a public hearing. Then the City Council can vote to revoke the Business License of that particular individual or business. Mayor Kant, would like feed back from the City Council about how to address these issues. Mayor, Kant, presented the City Council with a plaque from the Alabama Historical Commission for being recognized on the National Register of Historic Places by the United States Department of the Interior. The plaque will be placed in the Welcome Center. The Historical Preservation Committee, Harriet Gutknecht, presented a check in the amount of $5,000 to Fairhope Single Tax Corporation, Larry Thomas. This represents funds raised from the Historic Homes Tour in 2005. The money is going towards the restoration of the fagade of the Old City Hall located at 24 North Section Street. - 3897 - Councilmember Christenberry moved for final adoption of Ordinance No. 1311, an ordinance prohibiting smoking in specified areas. (Introduced at July 241" meeting). Seconded by Councilmember Ford. Councilmember Stankoski motioned for the following amendments to the Smoking Ordinance, Ordinance No. 1311: Change Effective date from Ninety (90) days (November 20, 2006) to Effective December 1, 2006 (Section 8-20), include under Prohibition of Smoking in Enclosed Public Places (Section 8-5) Bars and Private Clubs (whether the public is or is not invited to event held at the club), Delete Bars and Private Clubs from (Section 8-9) Where Smoking Not Regulated. The motion died due to lack of a second. Councilmember Quinn motioned for the following amendment to the Smoking Ordinance, Ordinance No. 1311: exempt smoking up till 9 p.m., then after 9 p.m. smoking permitted in all facilities. The motion died due to lack of a second. Motion for final adoption passed unanimously by the following voice vote: AYE - Quinn, Stankoski, Christenberry, Ford and Gentle. NAY - none. Councilmember Christenberry introduced in writing a Proposed Towing and Recovery Rotation Ordinance, an ordinance to repeal Ordinance No. 1047 the Towing and Recovery Rotation Ordinance. In order to take immediate action Councilmember Christenberry moved for immediate consideration. Seconded by Councilmember Ford, motion for immediate consideration did not pass according to the following votes: AYE - Stankoski, Christenberry, Ford. NAY — Quinn, Gentle. The vote for immediate consideration must be unanimous in order to take immediate action. This proposed ordinance will layover until the next regular City Council meeting for final adoption. Councilmember Quinn introduced in writing a Proposed Ordinance Limiting the Use of Red Soils or Clays, which would limit the use of red soil or clays in specified areas that are at risk of contaminating watersheds. In order to take immediate action; Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Christenberry, motion for immediate consideration did not pass according to the following votes: AYE — Quinn, Christenberry. NAY — Stankoski, Ford, Gentle. The vote for immediate consideration must be unanimous in order to take immediate action. This proposed ordinance will layover until the next regular City Council meeting for final adoption. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Alabama Department of Public Safety for Safety Hanger at the H.L. "Sonny" Callahan Airport. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. - 3898 - RESOLUTION NO. 1303-06 THIS AIRCRAFT HANGAR LEASE AGREEMENT (this "Agreement") is made and entered into this day of , 2006 by and between the CITY OF FAIRHOPE, ALABAMA, a municipal corporation organized under the laws of the State of Alabama ("Lessor"), and the ALABAMA DEPARTMENT OF PUBLIC SAFETY, an agency of the State of Alabama ("Lessee"). Recitals: WHEREAS, Lessor is the owner of that certain aircraft hangar located at the H.L. "Sonny" Callahan Airport, 8600 County Road 32, Fairhope, Alabama, 36532, and commonly known as the "Public Safety Hangar" (the "Hangar"); WHEREAS, Lessee desires to lease that portion of the Hangar more particularly described on Exhibit "A" attached hereto, together with all of the appurtenances, privileges and easements pertaining thereto, and all improvements located thereon (the "Leased Property"); and WHEREAS, Lessor has agreed to lease the Leased Property to Lessee on and subject to the terms and conditions hereof. NOW THEREFORE, for and in consideration of the premises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Lessor and Lessee agree as follows: 1. Leased Property. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Leased Property. 2. Use of Leased Property. Lessee shall use the Leased Property solely for purposes of (a) the storage of fixed wing or rotor wing aircraft and (b) maintenance of such aircraft in accordance with applicable law, and for no other purposes. 3. Rent. In consideration hereof, Lessee shall pay to Lessor the sum of $285 per month during the initial term hereof. All rental payments shall be paid monthly in advance on or before the I ST day of each calendar month, upon submittal by Lessor in advance of two (2) invoices showing the amount due, with the first such rent payment commencing on August 1, 2006 and continuing thereafter on a month to month basis until this Agreement is terminated as provided herein. Rental payments shall be made to Lessor at 8600 County Road 32, Fairhope, Alabama 36532 or at such other place as Lessor shall designate from time to time in writing, and without set off or deduction. Any monthly rent not paid before the 1 st day of the calendar month for which it is due and any other sum due to Lessor hereunder that is not paid within 10 days of the date on which it is due shall bear interest at the rate of ten percent (10%) per annum from such date until it is paid. 4. Condition of Leased Property. Lessee has inspected the Leased Property and enters into this Agreement with full knowledge of its condition, which Lessee accepts "as is, where is". Subject to the provisions of Paragraph 6 below, Lessor assumes no responsibility under this Agreement to perform any maintenance, repair or restoration on the Leased Property, runways, taxiways, or other airport areas or facilities. Any maintenance, repair or restoration performed by Lessor will be at its sole and absolute discretion. Lessor assumes no responsibility for the control of the internal environmental levels in the Leased Property, including without limitation, temperature and humidity levels. 5. Maintenance of Leased Property. Lessee shall throughout the term of this Agreement, at its own cost and expense put, keep and maintain the Leased Property in good condition, and shall make all necessary repairs and replacements to the Leased Property, including without limitation the plumbing system, heating and cooling systems, roofing, and other interior and exterior structural and non-structural components. Any and all repairs for such damage shall be in quality and class at least equal to the original work prior to such work being damaged. Lessee shall be solely responsible for the maintenance and repair - 3899 - of the Leased Property (interior and exterior, structural and non-structural), any and all fixtures, including but not limited to heating and cooling systems, furniture and personal property of Lessee. Lessee shall be responsible for repairing and/or replacing all damaged or broken window glass, whether as a result of the actions of Lessee (or its customers, business vendor or invitees) or as a result of any actions by third parties or acts of God, and shall be solely responsible for all damage occasioned thereby. Lessee hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Leased Property except to the extent not specifically assumed by Lessor herein. Except as otherwise provided in this Agreement, upon the expiration or termination of this Agreement, Lessee will surrender the Leased Property to Lessor in substantially identical condition and repair as existed at the inception of this Agreement, except for any improvements made pursuant to this Agreement. 6. Damage to or Destruction of Leased Property. If the Leased Property is, by fire, flood, or other casualty or cause, destroyed or damaged to such extent that, in the opinion of Lessor, the Leased Property is not usable for the storage of aircraft, Lessor shall have the option to elect, within thirty (30) days from the time of occurrence of such destruction or damage, (i) to repair and restore the Leased Property to usable condition or (ii) to terminate this Agreement. Lessee shall be notified of such election in writing, but if no written notice is given, Lessor shall be deemed to have elected to terminate this Agreement. If this Agreement is terminated under this Paragraph, it shall be deemed terminated as of the time notice of the election to terminate is given, or if no notice is given, as of the expiration of thirty (30) days after occurrence of the event causing such destruction or damage. Lessor shall not be deemed to have breached this Agreement by virtue of or as a result of any such destruction or damage or any termination resulting there from. If Lessor elects to repair and restore the Leased Property to a usable condition, Lessor shall make such repairs and restoration as soon as is practicable in the exercise of reasonable diligence. From the time such damage or destruction occurs until the Leased Property is returned to a usable condition, the rent provided for hereunder shall be abated. 7. Utilities. Lessee shall, at its sole cost and expense, furnish or arrange for the furnishing of all necessary utility services to the Leased Property, including, but not limited to, electricity, sewer service, gas and water, whether for heating, cooling, or otherwise. Lessor shall not be liable for any failure of water, gas, electric, or any other utility supply, or for injury or damage to person (including death) or property caused by or resulting from steam, gas, electricity, water, rain or snow which may flow or leak from any part of the Leased Property, or from any pipes, appliances or plumbing works, or from the street or other subsurface, or from any other place. Lessee shall pay promptly all charges for heat, light, power, gas, water and other utilities used in or upon the Leased Property including sewer service, garbage service, water charges and any other utility -type charges imposed upon the Leased Property or any use thereof. 8. Improvements. Lessee shall not cause any improvements to be constructed on the Leased Property without the prior written consent of Lessor, which consent may be withheld in the sole and absolute discretion of Lessor, and, in any event, the rent owed by Lessee to Lessor pursuant to this Agreement shall not be reduced or abated by the cost of any improvements constructed by Lessee on the Leased Property or by any increases in the value of the Leased Property as a result of improvements constructed by Lessee. 9. Default. Lessee shall be deemed to be in default under this Agreement if one or more of the following events occur: (i) Lessee fails to pay the rent or any other sum due hereunder on its due date; (ii) Lessee fails to observe or perform any other covenant, condition, agreement or provision hereof, and such failure continues for fifteen (15) days after notice by Lessor to Lessee; (iii) Lessee becomes insolvent or bankrupt or admits or states in writing its inability or lack of intention to pay its debts or any of them as they mature, or makes an assessment for the benefit of creditors, or applies or consents to the appointment of a trustee or receiver for the Lessee; - 3900 - (iv) A trustee or receiver is appointed for Lessee or for a major part of its property; or (v) A court of competent jurisdiction enters an order approving a petition seeking reorganization, readjustment, arrangement, composition, or other similar relief as to Lessee under the federal bankruptcy laws or any other law for the relief of debtors. In the event Lessee is in default hereunder, Lessor may, at its option, terminate this Agreement by giving notice of such termination to Lessee, in which event this Agreement shall terminate and all obligations of Lessor hereunder shall cease on the date stated in the notice. If Lessor terminates this Agreement as provided above, all unpaid rent and other charges then due by Lessee hereunder shall immediately become and remain due and payable by Lessee as damages for the loss of Lessor's bargain and not as a penalty. All rights and remedies of Lessor under this Agreement shall be cumulative and shall not exclude any right or remedy, which exists at law or equity. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefore arises and without waiting until the expiration or termination of this Agreement. In addition to the foregoing remedies, in the event Lessee defaults hereunder, Lessor shall have all rights provided to Lessor under applicable law. 10. Insurance. Lessee agrees to secure and keep in force throughout the term hereof, at Lessee's own expense (i) a minimum of five million dollars ($5,000,000.00) broad form comprehensive general liability insurance for bodily injury, personal injury or death, and for damage to personal property; (ii) contents insurance, in an amount adequate to cover the full replacement value of all window glass, fixtures, trade fixtures, furniture, equipment, and personal property of Lessee in or on the Leased Property; (iii) workmen's compensation insurance as required by law; (iv) aircraft liability insurance in such amount as is reasonably acceptable to Lessor; (v) passenger liability insurance in such amount as is reasonably acceptable to Lessor; and (vi) such other insurance as may be reasonably required from time to time by Lessor. Notwithstanding anything contained in this Agreement to the contrary, Lessor shall not, as a result of this Agreement, be required to maintain any policies of insurance on the Leased Property. Upon the occurrence of an insured casualty, Lessee shall assign so much such insurance proceeds to Lessor, to the extent such proceeds are paid by any insurer to Lessee, as is necessary to enable Lessor to make the repairs contemplated by Paragraph 6 hereof. To the extent Lessee is entitled to any excess proceeds, Lessee shall use such proceeds to replace all personal property it held or maintained on the Leased property and re - fixture the Leased Property in a manner and to at least a condition equal to that existing prior to such casualty. 11. Hold Harmless. Lessee does hereby, for itself and for its agents, employees, successors and assigns, release and hold harmless Lessor, and Lessor's directors, officers, agents, contractors, affiliates, servants, licensees, invitees and employees, from and against, any and all suits, actions, causes of action, damages, liability, costs, expenses and attorney's fees, of any kind or nature whatsoever arising from, relating to or in connection with any loss of life, bodily or personal injury or property damage arising from or out of the use or occupancy of the Leased Property or any part thereof by any person or entities, including licensees and invitees of Lessee, and whether occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, servants, invitees, licensees or concessionaries or any other person, or otherwise. 12. Liability. Lessee shall store its property in and shall occupy the Leased Property at its own risk, and hereby releases Lessor and its directors, officers, affiliates, servants, licensees, invitees and employees to the full extent permitted by law, from all claims of every kind resulting in loss of life, personal or bodily injury or property damage. Lessor and its directors, officers, affiliates, servants, licensees, invitees and employees shall not be responsible or liable at any time for any loss or damage to Lessee's merchandise, equipment, fixtures or other personal property of any nature whatsoever of Lessee. Portable safety equipment required by fire and safety codes or insurance carriers and maintenance thereof is the sole and absolute responsibility of Lessee. 13. Term; Extensions. The initial term of this Agreement shall commence on August 1, 2006 and shall terminate at midnight on July 31, 2007. Lessee shall thereafter have four (4) successive options to extend the term of this Agreement for one (1) year per option. In order to exercise each such option, Lessee - 3901 - shall give Lessor written notice of Lessee's exercise of each such option at least thirty (30) days prior to the expiration of the then current term of this Agreement. The rent to be paid in accordance with Section 3 hereof shall increase by five percent (5%) for each one-year extension term over the rent for the previous one-year term. If Lessee should fail or refuse to remove its property from the Leased Property after termination of this Agreement, Lessor may exercise its rights hereunder, including, without limitation, its right to sell such property at public or private sale. 14. Non -Discrimination. Lessee agrees that it, its officers, employees and agents will not discriminate against any person by reason of race, sex, color, creed or national origin in providing any services that involve in any way the storage of any aircraft under this Agreement. 15. Assignment, Sublease. Lessee shall not assign its rights and obligations under this Agreement or sublease all or any portion of the Leased Property without the prior written consent of Lessor, which consent may be withheld in the sole and absolute discretion of Lessor. Lessor may assign its rights and obligations under this Agreement and shall not be liable to Lessee or any permitted assignee or successor of Lessee for any act or omission after such assignment. 16. Subordination. This Agreement is subject and subordinate to all mortgages now or hereafter placed upon the Leased Property and to the provisions of any easement, operating agreement, declaration, restrictive covenants, and all other encumbrances and matters of public record applicable to the Leased Property. Lessee shall, upon Lessor's request, subordinate this Agreement to any lien placed by Lessor upon any property of which the Leased Property forms a part. 17. Lessor's Right to Inspect. Lessor, its agents and representatives, shall have the right to enter into and upon the Leased Property, or any part thereof, at all reasonable hours for the purpose of examining the same. In addition Lessor or its agents and representatives shall have the right to show the Leased Property to persons wishing to purchase or lease the same at all reasonable hours. 18. Attorney's Fees. In the event that Lessor brings legal action against Lessee arising out of this Agreement, Lessor shall be entitled to recover from Lessee all costs of suit and reasonable attorney's fees. 19. Hold Over. Unless Lessor expressly agrees otherwise in writing, Lessee shall pay Lessor 150% of the amount of the monthly rent set forth above, or the highest amount permitted by law, whichever shall be less, for each month Lessee shall retain possession of the Leased Property or any part thereof after expiration or earlier termination of this Agreement, together with all damages sustained by Lessor on account thereof. The foregoing provision shall not serve to extend the term hereof. Notwithstanding the foregoing, at any time before or after expiration or earlier termination of the Agreement, Lessor may serve notice advising Lessee of the amount of rent and other terms required should Lessee desire to enter a month -to -month tenancy, and if Lessee shall hold over more than one full calendar month after such notice, Lessee shall thereafter be deemed a month -to -month tenant on the terms and provisions of this Agreement then in effect as modified by Lessor's notice, and except that Lessee shall not be entitled to any renewal or expansion of rights contained in this Agreement or any amendments thereto. 20. Notices. All notices required to be given by either party to the other shall be in writing sent by hand delivery, registered mail or certified mail addressed to each party as follows, or as may hereafter be changed by written notice: To Lessor: City of Fairhope, Alabama c/o Fairhope Airport Authority, Inc. 8600 County Road 32 Fairhope, Alabama 36532 Attn: Chairman To Lessee: Alabama Department of Public Safety 4631 Richardson Road Montgomery, Alabama 36108 -3902- Attn: Greg Rankin 21. Binding Effect. The covenants and agreements herein contained shall be binding upon and inure to the benefit of the respective parties hereto, their legal representatives, heirs, executors, administrators, successors and assigns (subject to the restrictions against assignment as set forth above). 22. Use of Gender or Number. Words of any gender used in this Agreement shall be held to include any other gender, and words in the singular number shall be held to include the plural, and vice versa when the context requires. 23. Captions or Titles. The captions or titles used throughout this Agreement are for reference and convenience only and shall in no way define, limit or describe the scope or intent of this Agreement. 24. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Alabama. 25. Severability. If any provision or provisions of this Agreement shall for any reason be found invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 26. Entire Agreement, Modifications. This Agreement constitutes the sole and only agreement of the parties hereto with respect to the Leased Property and supersedes any prior written or oral understanding or agreement between the parties respecting the subject matter of this Agreement. Except as otherwise provided herein, no amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the patties hereto. 27. No Waiver. No waiver by the parties hereto of any right or obligation existing hereunder or of any default or breach of any term, condition, or covenant of this Agreement shall be deemed to be a waiver of the same or any other such right or obligation or of any other breach of me same or any other term, condition, or covenant contained herein. 28. Force Majeure. Lessor shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from so doing by cause or causes beyond Lessor's control which shall include without limitation, civil commotion, war, war -like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fire and other casualty, inability to obtain any material services or financing or through acts of God. 29. Time of Essence. Time is of the essence of this Agreement. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, BALDWIN COUNTY, ALABAMA, that Mayor Timothy M. Kant is hereby authorized to execute a Lease Agreement between the City of Fairhope and Alabama Department of Public Safety for the "Public Safety Hanger." The term of this Lease Agreement shall terminate on July 31, 2007. Adopted this 14`h day of August , 2006. Attest: Geniece W. Johnson, Ci rk - 3903 - Councilmember Christenberry introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to amend the duration to Sept 26, 2006, of said agreement between the City of Fairhope and Alabama Department of Conservation and Natural Resources, State Lands Division for the purpose of improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue (Amendment #3). Seconded by Councilmember Quinn, motion passed unanimously by voice vote. RESOLUTION NO: 1304-06 WHEREAS, the City of Fairhope entered into an agreement with the Alabama Department of Conservation and Natural Resources, State Lands Division on March 1, 2004, for the purpose of improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue. WHEREAS, This project is funded by a grant in the amount of $25,000.00. The City shall be responsible for a cash or in -kind match of $25,000.00. The scope of services is listed in detail as Attachment A WHEREAS, The Contractor shall commence performance on this Contract on March 1, 2004, and shall complete performance to the satisfaction of Lands no later than September 25, 2006 (Amendment #3). BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to amend the duration of said agreement between the City of Fairhope and Alabama Department of Conservation and Natural Resources, State Lands Division for the purpose of improving Public Access to Mobile Bay at Orange Street, Pier Street, and Volanta Avenue. APPROVED THIS THE 14`h DAY OF August 2006. ATTEST: Geniece W. Johnson, City P, r Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to execute an agreement between the City of Fairhope and Neel -Schaffer, Inc. to provide the following services: (a) Transportation model of existing conditions in Fairhope (b) Traffic Operations & Planning Report (c) Drainage Studies. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. RESOLUTION NO. 1305-06 WHEREAS, the City of Fairhope passed a moratorium of future development within the City and its planning area; and , WHEREAS, development has been occurring very rapidly and the City Officials were concerned about its impact including traffic and drainage; and, -3904- WHEREAS, during this six month period, the City of Fairhope intends to evaluate it's comprehensive plan and to study the potential impacts on traffic and drainage. NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Timothy M. Kant, Mayor is hereby authorized to execute an agreement between the City of Fairhope and Neel - Schaffer, Inc. of Birmingham, Alabama to provide the following services as spelled out within said agreement: a. Transportation model of existing conditions in Fairhope b. Traffic Operations & Planning Report c. Drainage Studies APPROVED THIS THE 101 DAY OF August , 2006. (A r M. Kan). Mav r ATTES eniece W. Johnson, Cit Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution, a resolution authorizing Mayor Kant to acquire engineers and receive bids for the following (a) Upgrade the intersection of US HWY 98 (AKA Greeno Road) and State HWY 104 (b) Install a Roundabout at the intersection of Section Street and Main Street (c) Change flow of traffic at Veterans' Drive and US HWY 98. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. RESOLUTION NO. 1306-06 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE that Mayor Timothy M. Kant is hereby authorized to take the necessary steps in acquiring engineers and receive bids for the following: 1) Upgrade the intersection of US HWY 98(AKA Greeno Road) and State HWY 104 with turn lanes and widen the road. The State will assist with cost for their side of the road. 2) Install a Roundabout at the intersection of Section Street and Main Street. The City will be financially responsible for this particular project. 3) At the intersection of Greeno Road and Veterans' Drive: Traffic coming from Veterans' Drive will only be able to make a right hand turn (heading south) onto US HWY 98 (AKA Greeno Road) and traffic coming from Woodlands subdivision will be able to cross over US HWY 98 (Greeno Road) and access Veterans' Drive. The state will assist with the cost of this project. ADOPTED THIS DAY THE 14`h DAY OF August 2006. - 3905 - City Council reviewed an application for a Special Event License by Oak Hollow Farm/Boyd Little, dba Oak Hollow Farm Inc., located at 14210 Greeno Road, Fairhope, Alabama. (Event November 4, 2006). Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Councilmember Quinn moved to grant the request of the Eastern Shore Art Center, requesting permission to use the Pier Park on October 21-22, 2006 for the Grand Festival of Art by the Bay. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Identification: "VACATE PROPERTY -OLD POST OFFICE" Bids to be received by: July 28, 2006 at: 10:00 a.m. The City is vacating an approximate 10' wide by 89.5' piece of property located on South Section Street located at the old post office in front of Greer's Food Store, Fairhope, Alabama. Only one (1) bid was received after advertising two (2) times in the Fairhope Courier and posting the bid on the City of Fairhope Website. Bid received from COLONY SQUARE, LLC (Mr. Mike Bernhardt), for the amount of: $5,000.00. It is recommended to accept the bid offered by COLONY SQUARE, LLC for $5,000.00 Wayne Smith, Purchasing Agent Councilmember Christenberry moved to authorize Mayor, Kant, to do what is necessary to vacate the 10-foot strip of property in front of Lot 2 Clear Point Subdivision, which formerly housed the post office in downtown Fairhope across from Greer's Grocery Store. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Christenberry moved to pay bills as presented. Seconded by Councilmember Quinn, motion passed unanimously by voice vote. Councilmember Ford moved to address a Special Event Beverage License for - 3906 - Fairhope Inn and Restaurant for the Library Gala on September 16, 2006 not on the printed agenda. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. City Council reviewed an application for a Special Event License by Fairhope Inn and Restaurant, located at 62 S. Church Street, Fairhope, Alabama (For Library Party Sept. 16, 2006). Councilmember Quinn moved to approve the issuance of the license. Seconded by Councilmember Ford, motion passed unanimously by voice vote. Councilmember Quinn moved to address a resolution not on the printed agenda, a Resolution Supporting the Establishment of a new National Cemetery in South Alabama. Seconded by Councilmember Stankoski, motion passed unanimously by voice vote. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution, a resolution supporting the establishment of a new National Cemetery in South Alabama. Seconded by Councilmember Christenberry, motion passed unanimously by voice vote. Mayor, Kant, stated that this resolution is not for monetary support and that this resolution is not obligating the City of Fairhope to any monetary donations. RESOLUTION NO. 1307-06 WHEREAS, the United States Department of Veterans' Affairs, through the National Cemetery Administration, honors Veterans with final resting places in National Shrines and with lasting tributes that commemorate their service to our nation, and; WHEREAS, The Mobile National Cemetery, Mobile, Alabama, administered by the Barrancas National Cemetery, Pensacola, Florida, is closed to new interments, and; WHEREAS, no place exists in South Alabama to honor and lay to rest our United States Veterans, and; WHEREAS, the opportunity to serve this great need based on appropriated funding, available land, the interest of Alabama cities, towns and communities, governmental entities, military organizations, Veterans, their families, and the many patriotic citizens of South Alabama are now at hand. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that they hereby support the establishment of a new National Cemetery administered by the Department of Veterans' Affairs in South Alabama. ADOPTED THIS DAY THE 141h DAY OF August 2006. Attest: _ Gvv eniece W. Johnson, City C - 3907 - There being no further business to come before the City Council the meeting was duly adjourned at 6:55 p.m. Robert C. Gentle, Council President April estervelt, City Clerk Assistant