Book 39, Pg. –22-

Minutes of the Alabaster City Council MeetingAlabaster, Alabama

May 19, 2011

A regular meeting of the Alabaster City Council was held in the Municipal Annex on Thursday, May 19, 2011, at 7:00 P.M., and there were present at said meeting Councilpersons:

Present: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley.

Absent: Tommy Ryals and Jim McClain.

MEETING OPENING

The meeting was opened with prayer followed by the Pledge of Allegiance.

Council Member Brakefield made a motion to approve the minutes of the April 21, 2011 meeting as read. Council Member Walters seconded the motion. Voting – Ayes: Sophie Martin, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Bob Hicks abstained. Motion carried.

There were no minutes to approve from May 5 due to no quorum present to conduct the meeting.

Council Member Walters made a motion to approve the minutes of the May 16, 2011 special called council meeting as read. Council Member Brakefield seconded the motion. Voting – Ayes: Sophie Martin, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

Council Member Hicks made a motion to approve the agenda for tonight’s meeting as presented. Council Member Walters seconded the motion. Voting – Ayes: All Ayes. Nays: None. Motion carried.

MAYORS COMMENTS

Mayor Frings recognized Kyle Hicks and Lynn Hicks in the audience and said it is good to have them back after Kyle’s prolonged hospitalization due to an automobile accident.

Mayor Frings appointed the following residents as members of the Alabaster Beautification Board to fill unexpired terms ending 10/1/2013 - Tess Street, Charlie Snow, Sonda Fisher, Victoria Fisher, Dana Mayo, Angela Edwards, Latricia Alexander, Randi Dicus, Bettie Stinson, Jennifer Fischer, Larry Stewart, and Joe Adams.

Mayor Frings proclaimed May 14, 2011 as “Joy’s Dance Company Day” in Alabaster to congratulate them on their 25 year anniversary and urge all citizens to recognize the efforts of and accomplishments of Joy Andres and Joy’s Dance Company.

Mayor Frings proclaimed the week of May 15-21, 2011 as “National Police Week” in Alabaster and urged everyone to recognize the service of law enforcement officers in our community and in communities across the nation.

COUNCIL COMMENTS

Council Member Hicks gave the Fire Department Report for the month of April 2011.

Council Member Hicks gave the Police Department Report for the month of April 2011.

Council Member Walters gave the Library Report for the month of April 2011.

Council Member Brakefield gave the Building Safety Department Report for the month of April 2011.

ALABASTER CITY COUNCIL MEETING MINUTES, 05/19/11, Book 39, Page –23-

ORDINANCE NO. 11-Z02

1. A PUBLIC HEARING ON A RE-ZONING REQUEST OF 4.10 +/- ACRES FROM B-3 (COMMUNITY BUSINESS DISTRICT) TO B-4 (GENERAL BUSINESS DISTRICT) FOR EASTERN DIXIE INVESTMENTS AT 308 2ND PLACE SW.

Council Member Walters introduced Ordinance No. 11-Z02 regarding a re-zoning request of 4.10 +/- acres from B-3 to B-4 (General Business District) for Eastern Dixie Investments at 308 2nd Place SW. Council President Pro-Tem Moseley opened the public hearing up to the floor for those wishing to speak either for or against said re-zoning. Mr. Pharo, 909 Rocky Ridge Road, owner, spoke in favor of said re-zoning. No one spoke against said re-zoning. Council Member Walters made a motion to approve Ordinance No. 11-Z02 and Council Member Martin seconded. Voting – Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

2. APPLICATION FOR A 050 RETAIL BEER (OFF PREMISES ONLY) AND A 070 RETAIL TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DOLLAR GENERAL STORE 9539, 2260 KENT DAIRY ROAD.

Council Member Martin made a motion to approve a 050 Retail Beer (Off Premises Only) and a 070 Retail Table Wine (Off Premises Only) license application for Dollar General Store #9539, 2260 Kent Dairy Road. Council Member Hicks seconded said motion. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

3. APPLICATION FOR A 050 RETAIL BEER (OFF PREMISES ONLY) AND A 070 RETAIL TABLE WINE (OFF PREMISES ONLY) LICENSE FOR DOLLAR GENERAL STORE 1607, 515 FIRST STREET SW. Council Member Martin made a motion to approve a 050 Retail Beer (Off Premises Only) and a 070 Retail Table Wine (Off Premises Only) license application for Dollar General Store #1607, 515 First Street SW. Council Member Brakefield seconded said motion. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

RESOLUTION NO. 051911

4. RESOLUTION REGARDING WAIVING BUSINESS LICENSE FEES FOR ONE DAY EVENT OF CITY FEST 2011. Council Member Hicks introduced and read in full Resolution No. 051911 authorizing the waiving of business license fees for the one day event of City Fest 2011. Council Member Hicks made a motion to approve Resolution No. 051911 approving to waive all business license fees for the one day event of City Fest 2011. Council Member Walters seconded said motion. Voting –Ayes: Bob Hicks, Rick Walters and Scott Brakefield. Nays: None. Sophie Martin and Adam Moseley abstained. Motion carried.

RESOLUTION NO. 051911-A

5. RESOLUTION REGARDING WAIVING BUSINESS LICENSE FEES FOR ONE DAY EVENT OF PAT WACHTER BOWL, MAY 7, 2011 AT THE SKATE PARK.

Council Member Hicks introduced and read in full Resolution No. 051911-A authorizing the waiving of business license fees for the one day event of the Pat Wachter Bowl, May 7, 2011 at the Skate Park. Council Member Hicks made a motion to approve Resolution No. 051911-A approving to waive all business license fees for the one day event of the Pat Wachter Bowl, May 7, 2011 at the Skate Park. Council Member

Brakefield seconded said motion. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

ALABASTER CITY COUNCIL MEETING MINUTES, 05/19/11, Book 39, Page –24-

RESOLUTION NO. 051911-B

6. RESOLUTION REGARDING SALES TAX HOLIDAY FOR FY 2011.

Council Member Brakefield introduced Resolution No. 051911-B allowing the exemption of certain “covered items” from municipal sales tax during the first full weekend of August, 2011, as authorized by Act 2006-574, generally referred to as the State Sales Tax Holiday Legislation. Council Member Brakefield made a motion to approve Resolution No. 051911-B allowing for said tax exemption in recognition of the Sales Tax Holiday. Council Member Martin seconded said motion. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

RESOLUTION NO. 051911-C

7. RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING WITH SHELBY COUNTY ON USE OF EQUIPMENT FOR CITY FEST EVENT.

Council Member Hicks introduced Resolution No. 051911-C authorizing the Mayor to enter into a memorandum of understanding with Shelby County for the use of one front end loader for June 2 through June 6 to be used during the City Fest activities. Council Member Hicks made a motion to approve Resolution No. 051911-C allowing Mayor Frings to enter into said contract with Council Member Walters seconding. Voting –Ayes: Bob Hicks, Rick Walters and Scott Brakefield. Nays: None. Sophie Martin and Adam Moseley abstained. Motion carried.

RESOLUTION NO. 051911-D

8. MAINTENANCE BOND RELEASE REQUEST FROM GREENBRIAR LTD/FARRIS MANAGEMENT CO. AS RECOMMENDED BY P & Z COMMISSION.

Council Member Walters introduced Resolution No. 051911-D accepting roads and releasing a warranty bond for Sterling Gate, Sector 2, Phase 2, Sector 4 & 5 and Cedar Grove at Sterling Gate, Sector 2 Phase 12A, 12B and 13 – specific streets including linear feet within the designated Sector and/or Phase are listed on said Resolution. Council Member Walters made a motion to approve Resolution No. 051911-D allowing for acceptance of said streets and release of the warranty bond. Council Member Hicks seconded. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

RESOLUTION NO. 051911-E

9. RESOLUTION REGARDING INSTALLATION, OPERATION AND MAINTENANCE OF A NEW TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF U S HIGHWAY 31 AND COUNTY ROAD 26.

Council Member Brakefield introduced Resolution No. 051911-E authorizing the Mayor to execute all documentation necessary for the installation, operation and maintenance of a new traffic control signal at the intersection of U S Highway 31 and County Road 26. Council Member Brakefield made a motion to approve Resolution No. 051911-E allowing Mayor Frings to enter into said contract with Council Member Martin

seconding. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

ALABASTER CITY COUNCIL MEETING MINUTES, 05/19/11, Book 39, Page –25-

RESOLUTION NO. 051911-F

10. RESOLUTION TO SUBMIT THE MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM ANNUAL REPORT.

Council Member Martin introduced Resolution No. 051911-F reviewing the MWPP Annual Report which is attached to this Resolution and allowing submittal of said report. Council Member Martin made a motion to approve Resolution No. 051911-F allowing Kenny Hill to submit said MWPP Annual Report with Council Member Brakefield seconding. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

RESOLUTION NO. 051911-G

11. RESOLUTION CONCERNING THE POURING RIGHTS CONTRACT FOR PARKS AND RECREATION.

Council Member Brakefield introduced Resolution No. 051911-G authorizing the Mayor to enter into a modification, renewal and restated agreement for pouring rights for Birmingham Coca-Cola Bottling Company and a budget amendment due to change in revenue reimbursement received and public events line item expense change for Parks and Recreation within the 2011 Budget. Council Member Brakefield made a motion to approve Resolution No. 051911-G allowing Mayor Frings to enter into said contract and allowing budget amendments to the 2011 Budget. Council Member Hicks seconded. Voting –Ayes: Sophie Martin, Bob Hicks, Rick Walters, Scott Brakefield and Adam Moseley. Nays: None. Motion carried.

12. COUNCIL WORK SESSION.

Council President Pro-Tem Moseley announced that a council work session will be held on Monday, June 6, 2011 at 7:00 P.M. in the conference room at the Senior Activity Center, 1097 7th Street SW.

After brief council and audience comments, Council Member Martin made a motion to adjourn with Council Member Walters seconding. All were in favor and said meeting was adjourned at 7:33 P.M.

_________________________________Marsha MasseyCity Clerk/Treasurer