Waterford Subdivision Lot 16, Tax

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					                                MINUTES
                       CITY OF FOLEY, ALABAMA
                         407 E. LAUREL A VENUE
                          COUNCIL CHAMBERS
               CITY COUNCIL MEETING OF' DECEMBER                    7, 2009
                                 5:30 P.M.


PUBLIC HEARINGS:
        Mayor John Koniar opened the public hearing at 5:40 p.m. to further consider
violations of the City's Grass & Weed Abatement Ordinance 701-01 on 602 West Orchid
Avenue, Tax Parcel #05-54-09-29-2-000-055.000           and Blue Heron Subdivision, Tax
Parcel #05-61-01-02-0-000-003.000       within the City of Foley, pursuant to the Code of
Alabama, Sections 11-67-20 through 11-67-28. He stated the reason for the continuation
of this public hearing is to ensure proper notice of the public hearing through the required
posted notice, which was delayed or intenupted due to Hurricane/Tropical Storm Ida.
Hearing no comments, Mayor Koniar closed the public hearing.

        Mayor John Koniar opened the public hearing to consider violations of the City's
Grass & Weed Abatement Ordinance 701-01 on 404 West Orchid Avenue, Tax Parcel
#05-54-09-29-1-000-076.000     (This property was abated 11-30-09 and no further action is
necessary.) and 505 Orchard Avenue, Tax Parcel #05-54-08-33-2-000-001.013      within the
City of Foley, pursuant to the Code of Alabama, Sections 11-67-20 through 11-67-28.
Mayor Koniar reported the property was abated and no further action was required. After
hearing no comments, Mayor Koniar closed the public hearing.

        Mayor John Koniar opened the public hearing to consider violations of the City's
Grass & Weed Abatement Ordinance 701-01 on Waterford Subdivision: Lot 16, Tax
Parcel #05-61-05-15-0-000-004.025;   Lot 17, Tax Parcel #05-61-05-15-0-000-004.026;
Lot 18, Tax Parcel #05-61-05-15-0-000-004.027:; Lot 19, Tax Parcel #05-61-05-15-0-
000-004.028 and Common Area, Tax Parcel #05-61-05-15-0-000-004.009        within the City
of Foley, pursuant to the Code of Alabama, Sections 11-67-20 through 11-67-28. Mayor
Koniar reported the property was abated and no further action was required. After
hearing no comments, Mayor Koniar closed the public hearing.

        Mayor John Koniar opened the public hearing to consider violations of the City's
Grass & Weed Abatement Ordinance 701-01 on Plantation at Magnolia River: Lot 99,
Tax Parcel #05-55-07-26-0-000-021.093;      Lot 100, Tax Parcel #05-55-07-26-0-000-
021.094; Lot 101, Tax Parcel #05-55-07-26-0-000-021.095;  and Lot 102, Tax Parcel #05-
55-07-26-0-000-021.096   within the City of Foley, pursuant to the Code of Alabama,
Sections 11-67-20 through 11-67-28. Mayor Koniar reported the property was abated and
no further action was required. After hearing no comments, Mayor Koniar closed the
public hearing.

COUNCIL MEETING:
       Mayor John E. Koniar called the Council meeting to order at 5 :42 p.m. Council
members present: Wayne Trawick, Vera Quaites, Ralph Hellmich, Rick Blackwell, and
Charles Ebert, III. Others Present: City Clerk Pt~rry Wilbourne, Jessica Nelson, Annie
Smith, Jim Bibby, Chief Joey Darby, Chief David Wilson, Leslie Lassitter, Butch Stokes,
Bob Morgan, Mary Murchison and Guy Busby.

SWEARING IN CEREMONY
        Judge Mary Murchison swore in the following Police Officers: Caleb Bibby,
Kenneth Dixon, Ward Faust, Albert Lugo, Jerry Monte, Derrick Powe, Karla Smith,
Chris Washington, and Jason Williams. Chief David Wilson is very proud to have them
aboard.

APPROV AL OF THE MINUTES
       Councilmember Hellmich made a motion to approve the Council Meeting
Minutes of November 16, 2009. The vote passed by a majority on a second by
Councilmember Ebert. Councilmember Trawick abstained.
NEW BUSINESS
       Deputy Chief Randy Bishop recommended the Council move forward with John
Sullens' 040- Retail Beer (on or offpremises) license request.
       Councilman Trawick made a motion to approve 040- Retail Beer (on or off
premises) license for John Sullens" application, under the trade name of Smokehouse
BBQ and Grill tor their location at 201 E. Michigan Avenue, Suite 105, Foley, Alabama
36535. Councilman Blackwell seconded the motion and the vote passed unanimously.

       Councilmember Hellmich made a motion to adopt a resolution setting public
hearings to consider violations of the City's Grass & Weed Abatement Ordinance 701-01
at 602 West Fern Avenue and 213 North Oak Street located within the City of Foley,
pursuant to the Code of Alabama, Sections 11-67-20 through 11-67-28. The motion was
seconded by Councilmember Quaites. Councilmember Ebert noted that the address was
incorrect for 213 North Oak Street. Ms. Leslie Lassitter noted that the property is in the
700 block of Oak Street and that it is a vacant lot without an address. Councilmember
Hellmich amended his motion to only set a public hearing to consider the violation of the
City's Grass & Weed Abatement Ordinance 701··01 at 602 West Fern Avenue located
within the City of Foley, pursuant to the Code of Alabama, Sections 11-67-20 through
11-67-28. The motion passed unanimously on a second by Councilmember Blackwell.

       Counci1member Ebert made' a motion to approve John McClure Snook Family
YMCA's request to host the 2nd Ammal Kids Need Heroes 5K Run/Walk on February 27,
2010. The race will start at 8:00 a.m. The motion passed unanimously on a second by
Councilmember Quaites.

       Councilmember Quaites made a motion to approve Southside Missionary Baptist
Church's request to use Aaronville Park on Friday, December 18th and Saturday,
December 19th from 9:00 a.m. until 3:00 p.m. :fi)ran outreach program. The motion
passed unanimously on a second by Councilmembl~rHellmich.



        Councilmember Hellmich made a motion to adopt a resolution authorizing certain
residential sanitation accounts be written off as uncollectible in the amount of $271.53.
Councilmember Ebert noted that there was an additional amount of $624.00 that needed
to be written off. Councilmember Hellmich amended his motion to adopt a resolution
authorizing certain residential sanitation accounts be written off as uncollectible in the
amount of $271.53 and an additional $624.00. The motion passed unanimously on a
second by Councilmember Trawick.

ORDINANCES, RESOLUTIONS .ANDOTHER BUSINESS
       A resolution declaring growth of weeds, grass and other vegetative growth a
public nuisance at 602 West Orchid Avenue, Tax Parcel #05-54-09-29-2-000-055.000
and Blue Heron Subdivision, Tax Parcel #05-61-01-02-0-000-003.000 passed
unanimously on a motion by Mr. Robert Hellmich and was seconded by Councilmember
Ebert.

      A resolution approving the Consent Agenda items passed unanimously on motion
by Councilman Trawick and was sel;onded by Councilman Blackwell.

       A resolution declaring documents surplus and authorizing the release of original
documents from Melvin and Eunice Roberts from the recently-opened time capsule at the
request of Pat Davis passed unanimously on a motion by Councilmember Trawick. The
motion was seconded by Councilmember Hellmich.

        Councilmember Trawick made a motion to adopt a resolution accepting ADECA
Traffic Grant monies in the amount of $4,000 to conduct traffic enforcement. The vote
passed unanimously on a second by Councilmember Quaites.
       Councilmember Hellmich made a motion to adopt a resolution accepting
$188,582.89 bid from Hurricane Electronics for a new public safety radio system and
appropriating an additional $3,000 to cover any unexpected expenses during installation.
The vote passed unanimously on a second by Councilmember Blackwell.

       Councilmember Ebert made a motion to adopt a resolution approving funding
from the Correction Fund to do some repairs to PD's Door Entry System and add four
new door locks that need adding. The vote passed unanimously on a second by
Councilmember Quaites.

       A resolution approving sick leavt~to a deserving employee passed unanimously
on a motion by Councilmember Hellmich and was seconded by Councilmember Trawick.

       A resolution approving Thompson Engine1eringto develop the plan and perform
the abandonment of old Foley Police Department monitoring wells as required by ADEM
with a total estimated cost of $6,058.50 passed unanimously on a motion by
Councilmember Trawick and was seconded by Councilmember Blackwell.

       Councilmember Hellmich made a motion to adopt a resolution approving the
Baldwin County Easter Seals Senior Community Service Employment Program Host
Agency Agreement to temporarily place one individual in General Government and two
employees in the Library. The vote passed unanimously on a second by Councilmember
Quaites.

        Councilmember Trawick made a motion to suspend the rules for the immediate
consideration of an Ordinance. Councilmember Hellmich seconded the motion and City
Clerk Perry Wilbourne took the following roll call vote: Councilmember Trawick, aye;
Councilmember Quaites, aye; Councilmember Hellmich, aye; Councilmember Blackwell,
aye; Councilmember Ebert, aye; and Mayor Koniar, aye. Of those present, there was
unanimous consent to suspend the rules.
        An Ordinance vacating 40' of right of way as referenced in a 1960 conveyance in
Azalea Park, Phase II passed unanimously on a motion by Councilmember Trawick and
was seconded by Councilmember Quaites.
        Councilmember Hellmich noted that it is in the best interest of the City to vacate
this right of way because retaining it would make the property useless and the building is
built on the right of way.

       Councilmember Quaites made a motion to adopt a resolution appropriating up to
$3,000 for lighting to light the Elm trees at Hwy. 98 and Alston Street. The vote passed
unanimously on a second by Councilmember Helhnich.

        A resolution authorizing the Mayor to sign a contract with Riviera Utilities for the
decorative light fixtures, poles and installation in the amount of $163,400 to be financed
for 10 years at 4% interest passed unanimously on a motion by Councilmember
Blackwell and was seconded by Mr. Robert Hellmich.
        Mayor Koniar noted that this is a common practice; much like is done with
subdivisions. Councilmember Hellmich thanked Riviera Utilities for working with the
City to accomplish this.



ADJOURN
     Hearing no further comments the meeting adj




a~
A. ~llbourne
City Clerk!Administrator

				
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