FOLEY, Ala. — With municipal elections still a month away, Foley City Council approved certificates of election on Monday for District 1 and District 3 council seats, where incumbents face no opposition on Aug. 26.

After the council approved each resolution, Mayor John Koniar offered respective congratulations to Wayne Trawick (District 1) and Ralph Hellmich (District 3).

Walter Heard (District 2) and Charlie Ebert III (District 5) each face an opponent for their council seat, while three are vying for the District 4 seat being vacated by Bob Schreiber, who chose not to seek another term.

In other council action on Monday, approval was given to a request by mayoral candidate James Wood for use of Max Griffin Park on Aug. 2 for a political rally.

In a separate action, the council granted a request by Mayor Koniar to use Max Griffin Park on Aug. 16 for what is termed a “Family Fun Day.” (Koniar abstained from voting.)

With Foley Police Department’s recommendation, council members agreed to recommend approval of a Restaurant Retail Liquor license to the ABC Board. The applicant is The Silver Sands LLC under the trade name The Galley, located at 18546 County Road 10.

Council members also approved the write-off of $609.57 in sanitation fees for the 120 day period ending June 2008.

The reappointment of Rich Glenn to the Construction Board of Adjustments and Appeals was approved.

The council moved to suspend the rules and then approved an ordinance extending the moratorium on the Historic District until Oct. 7, 2008.

Approval was given for extension of a one-year lease agreement with Mike and Jim Fisher LLC for the Engineering and Recreation departments.

With Councilman Wayne Trawick abstaining, a resolution was approved for $125,000 for Volkert’s Construction Observation fees.

A resolution was approved for $4,000 for workshops and training programs to be held in the city and offered to the public. The mayor said the workshops deal with “alternative ways of thinking” and will result in feedback from the presenter.

A resolution was approved for $9,200 to hire a new webmaster and approve upgrades. Also, $1,500 was approved as part of the resolution for the annual web hosting fee.

A first reading was approved of an ordinance to consider Pedcor Investments’ petition for annexation of 20 acres located on the south side of County Road 20, west of Ala. Highway 59, and east of South Hickory Street. Requested zoning is Residential Multi-Family.

Second readings were approved for ordinances dealing with Foley’s Graham Creek Nature Preserve, the Raymond C. Christensen Jr. Five-plex, and the dismissal of minor traffic violations if equipment is repaired within 72 hours.

The mayor noted the city has received a letter pertaining to what he called the “American Legion smoking situation” and said the city will be looking into that.

CITY ACTS TO ADDRESS SEX BUSINESSES

Foley City Council moved to suspend the rules at Monday’s council meeting for immediate adoption of an ordinance that would address sexually-oriented businesses in the city.

The motivation for the ordinance seems to be the recently opened “Adult Gifts” business on Ala. Highway 59 just north of Foley’s northern city limits and just south of the Foley Beach Express.

“It’s about existing and proposed businesses that may come into the city with that type of sexually-oriented business,” said Mayor John Koniar following the council meeting in speaking of the ordinance.

Koniar said the city has received complaints from the public about the business but termed the city “powerless” to do anything since Adult Gifts is actually located within the county’s jurisdiction.

“We’re not pleased with where it’s at but the county’s addressing a number of issues too,” he said as regards the business that advertises lingerie, body jewelry, DVDs, tobacco products and novelties.

Koniar’s reference was to county officials, including the Baldwin County District Attorney’s Office, looking into whether or not Adult Gifts should be required to have a special operating license under the law.

The county’s chief counsel, Scott Barnette, wrote a July 15, 2008, letter to District Attorney Judy Newcomb in which he notes the Baldwin County Legal Department has been asked to look into a “potential violation” of the State Code and whether the RTK Leasing Inc. “Adult Store,” as the letter calls it, is subject to a “Special Operating License.

“The County Commission has never received an application for a Special Operating License under this Code section, and we ask that you make the determination as to whether or not this law is applicable to RTK Leasing, Inc.,” Barnette said in the letter.

Following the unanimous roll call vote by Foley council members to suspend the rules, the ordinance, which upgrades city business licenses, was unanimously approved. The city will also address zoning issues through the Foley Planning Commission that will give further protection in the future against sexually-oriented businesses locating in Foley, Koniar said.

If Adult Gifts were within Foley’s corporate limits, Koniar said he doubted the business sign would meet the requirements of the city’s sign ordinance.

Attempts to reach RTK Leasing on Tuesday morning proved unsuccessful.