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Minutes April 4, 2006

Minutes April 4, 2006

The City Council of the City of Opelika met in regular session on the above date in the Council Chambers at City Hall.

PRESENT AND PRESIDING:           J. Jerry Teel

MEMBERS PRESENT:                      Patricia A. Jones, Clarence Harris, Jr., Eddie Smith, Dr. William Lazenby

MEMBERS ABSENT:                        None

Mr. Teel called the meeting to order at 7:03 p.m. with Mrs. Mattie Clark delivering the invocation.

Mr. Teel invited all those present to join the City Council in the Pledge of Allegiance.

READING OF MINUTES:

Dr. Lazenby made the motion to approve the Council meeting minutes of March 21 st, 2006 and was seconded by Mr. Smith.  Ms. Jones asked that Fran Galloway's last name to be corrected in the third paragraph under Citizens Communications.  The minutes were approved as corrected by the following vote:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

UNFINISHED BUSINESS -

CITIZENS COMMUNICATION -  

Mattie Clark brought more signatures, Designated Item No. 1, to the City Council showing additional support for the Flea Market to be saved.  Ms. Clark said she did a personal survey and 75% of the citizens she talked to had no objections.  We would like to know why the Flea Market is not wanted?   She then asked what was being worked out?

Council President Pro-tem Jones responded to Mrs. Clark letting her know that she was working with the down town merchants trying to come up with a compromise.   Ms. Jones also stated the City Council planned to leave the Flea Market ordinance Tabled until she had more time to work with the downtown merchants.   The City Council will make the decision concerning the Flea Market.  We are trying to listen to all sides of this issue.  We are hoping to resolve this matter by the next Council meeting.

William Foreman, 611 Marion Avenue, stated there was raw sewage near his home and that it was a cistpool.   When it rains, the manhole covers lift off the man holes.   Mr. Foreman asked the City to correct this situation.  John Seymour got his name and phone number and will work with Mr. Foreman on this problem.

 

REMARKS BY MAYOR - Gary Fuller  

Mayor Fuller advised the City Council that the OIDA would be recognized in a few weeks.

Mayor Fuller made the City Council aware of the resignation of Charlie Thomas, Director of Engineering, effective the end of April, 2006.

Mayor Fuller advised the City Council that according to Mike Hilyer, ESG P/W manager, that approximately $60,000 had been raised in the first 30 days since the Sewer Development fees had been approved and implemented .

REPORT OF DISBURSEMENTS - None

COMMITTEE REPORTS -  None

GENERAL BUSINESS -   None

Bob Shuman presented a request from Opelika P&R to hang a banner for the Slugger Competition to benefit the Miracle Field.  Designated Item No. 2.  Ms. Jones made the motion to approve and was seconded by Dr. Lazenby.   The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

Mr. Shuman presented a request from the March of Dimes for their annual "Walk America" at the Opelika Municipal Park.   Designated Item No. 3.  Mr. Smith made the motion to approve and was seconded by Dr. Lazenby.   The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

Marty Ogren, Planning Director, presented a Public Hearing covering a rezoning of certain property for the "National Village" from a R3 to a PUD.  Designated Item No. 4.  President Teel opened the public hearing asking if there was anyone present that wished to speak for or against said rezoning.  No one came forward to speak.  President Teel closed the public hearing.

Mr. Shuman presented a Public Hearing concerning the demolition at 806 Kilgore Avenue.  Designated Item No. 5.  President Teel opened the public hearing asking if there was anyone present that would like to speak for or against said development.  No one came forward to speak.  President Teel closed the public hearing.

Mr. Shuman presented a Public Hearing concerning the demolition at 12 Avenue A.  Designated Item No. 6.  President Teel opened the public hearing asking if there was anyone present that would like to speak for or against said development.  No one came forward to speak.  President Teel closed the public hearing.

Mr. Shuman presented a Public Hearing to fix the assessment of cost for a demolition at 311 South 3 rd Street.  Designated Item No. 7.  President Teel opened the public hearing asking if there was anyone present that would like to speak for or against said development.  No one came forward to speak.  President Teel closed the public hearing.

 

AWARDING OF BIDS - (by Resolution) -  

Shirley Washington, Purchasing Agent, presented a "Change Order" covering the Recreation Center / Industrial Park sewer project.  Designated Item No. 8.   Mr. Harris made the motion to approve and was seconded by Mr. Smith.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

RESOLUTION NO. 066-06

Shirley Washington presented the recommendation for physical exams for the OPD and OFD.  Designated Item No. 9.  Ms. Jones made the motion to approve with Mr. Smith providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

RESOLUTION NO. 067-06

Shirley Washington presented the recommendation to purchase underground 1/0 primary distribution cable.  Designated Item No. 10.  Dr. Lazenby made the motion to approve with Mr. Smith providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

RESOLUTION NO. 068-06

Shirley Washington presented the recommendation for fire uniforms.  Designated Item No.11.  Mr. Harris made the motion to approve with Ms. Jones providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None  RESOLUTION NO. 069-06

Shirley Washington presented the recommendation for a maintenance contract for the UPS system.  Designated Item No. 12.  Mr. Smith made the motion to approve with Ms. Jones providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None  RESOLUTION NO. 070-06

Shirley Washington presented the recommendation to purchase various police equipment.  Designated Item No. 13.  Dr. Lazenby made the motion to approve with Mr. Smith providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None  RESOLUTION NO. 071-06

Shirley Washington presented the recommendation for three new riding lawn mowers for P/W.  Designated Item No.14.  Mr. Smith made the motion to approve with Mr. Harris providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 072-06

Shirley Washington presented the recommendation for gasoline and diesel fuel.  Designated Item No. 15.  Ms. Jones made the motion to approve with Dr. Lazenby providing a second.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTIONS:

RESOLUTION NO. 073-06

To authorize a demolition at 806 Kilgore Avenue, a copy of which is attached and designated Item No. 16.  Ms. Jones made the motion to approve said resolution and was seconded by Mr. Smith.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 074-06

To authorize a demolition at 12 Avenue A, a copy of which is attached and designated Item No. 17.  Mr. Harris made the motion to approve and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 075-06

To approve the assessment for the cost of a demolition at 311 South 3 rd Street, a copy of which is attached and designated item No.18.  Mr. Smith made the motion to approve and was seconded by Mr. Harris.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 076-06

To approve a special appropriation to assist with the relocation and renovation of the Shotwell Covered Bridge, a copy of which is attached and designated Item No.19.  Mr. Smith made the motion to approve and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 077-06

To approve a special appropriation to the J.W. Darden Alumni Foundation copy of which is attached and designated Item No. 20.  Mr. Harris made the motion to approve and was seconded by Mr. Smith.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 078-06

To approve a special appropriation to the Museum of East Alabama, a copy of which is attached and designated item No.21.  Ms. Jones made the motion to approve and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 079-06

To approve a special appropriation for the Boys and Girls Clubs, a copy of which is attached and designated Item No. 22.  Dr. Lazenby made the motion to approve and was seconded by Ms. Jones.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 080-06

To approve an employee contract with Al Cook, Economic Development Director, a copy of which is attached and designated item No.23.  Mr. Smith made the motion to approve and was seconded by Ms. Jones.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

RESOLUTION NO. 081-06

To approve a budget adjustment for the insurance proceeds from the Indian Pines Golf Club, a copy of which is attached and designated Item No. 24.  Ms. Jones made the motion to approve and was seconded by Dr. Lazenby.  After the Council had discussed the resolution in full, the question being put as to the passage of said motion and the adoption of said resolution, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None  ORDINANCES -  

 

TABLED ORDINANCE - remained Tabled.

An Ordinance to amend City Code, Article XVIII of Chapter 19 concerning Flea Markets was first introduced at the Council meeting of February 21, 2006.   Said Ordinance remained Tabled. 

 

ORDINANCE NO. 107-06

To amend the Zoning Ordinance for certain property on Andrews/Anderson road from a R1 to a R3, a copy of which is attached and designated Item No. 25.   Dr. Lazenby made the motion to approve and was seconded by Mr. Smith.  After the Council had discussed said ordinance in full, the question being put as to the passage of said motion and the adoption of said ordinance, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

 

ORDINANCE NO. 108-06

To amend the Electric Rates & Charges in the City Code of Ordinances, a copy of which is attached and designated Item No. 26.   Dr. Lazenby made the motion to insert the effective date of May 1 st, 2006 in all the required places within said Ordinance and was seconded by Mr. Smith.  The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

Mr. Smith then made the motion to approve said Ordinance and was seconded by Mr. Harris.  After the Council had discussed said ordinance in full, the question being put as to the passage of said motion and the adoption of said ordinance, the roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

The following Ordinances were introduced for a first reading -

a.  To amend the Zoning Ordinance for property proposed for the National Village with said zoning going from a R3 to a PUD.  Introduced by Mr. Smith.

 APPOINTMENTS -

The City Council appointments to the following two (2) City Boards remained TABLED. 

-          Board of Adjustments and Appeals
-          Property Maintenance Board of Appeals. 

 

The City Council then took action on the following Board appointments -

Mr. Smith made the motion to reappoint Joe Pinkard for another term on the Board of Education and was seconded by Mr. Harris.   Dr. Lazenby moved to close the nominations with a second by Ms. Jones.   The following vote was recorded:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

Ms. Jones made the motion to reappoint the following citizens to the listed board for a new term and was seconded by Dr. Lazenby.  Mr. Harris moved to close the nominations with a second from Mr. Smith.

1.             Ronnie Wilson                     Industrial Development Authority.               
                 Ronnie Ware                       Industrial Development Authority.

2.             Janine Simmons                    Opelika Library Board.

3.             Jasper Snipes                        Park & Recreation Board.

4.             Lehman Bass                        Opelika Tree Commission.                
                Helen Levett                            Opelika Tree Commission.

The following vote was recorded approving the reappointments listed above:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None

ADJOURN:   

At approximately 7:49 p.m. since there was no further City business to be considered, Dr. Lazenby made the motion to adjourn with said motion being seconded by Ms. Jones.  The roll was called with the following results:

VOTING AYE:      Jones, Harris, Smith, Lazenby, Teel
VOTING NAY:      None 

 ______________________________________
J. Jerry Teel, Council PresidentCity of Opelika

 

ATTEST:

____________________________________
R.G. "Bob" ShumanCity Clerk / Treasurer