APRIL 19, 2010
CITY COUNCIL MEETING
1705 MAIN STREET
DAPHNE, AL
6:30 P.M.

COUNCIL MEMBERS PRESENT: Bailey Yelding; Cathy Barnette; John Lake; Greg Burnam; Ron Scott; Derek Boulware; August Palumbo.

Also present: Mayor Small; David Cohen, City Clerk; Rebecca Hayes, Assistant City Clerk; Jay Ross, City Attorney; James White, Fire Chief; David Carpenter, Police Chief; Kim Briley, Finance Director; Bill Eady, Public Works Director; Tonja Young, Library Director; Vickie Hinman, Human Resource Director; David McKelroy, Recreation Director; Jane Robins, Mayor’s Assistant; John Williams Civic Center; Pfil Hunt, Gardynr, Michael Capital; Preston Bolt, Bond Attorney, Hand Arendall.

Absent: Adrienne Jones, Planning Director; Margaret Thigpin, Civic Center Director; Richard Merchant, Building Official.

PUBLIC PARTICIPATION

Mr. David Chalk – President of the TimberCreek POA – representing about 200 residents of TimberCreek that was in the audience spoke against building the I-10 Service Road, and in support of Resolution 2010-37 regarding the city withdrawing support for the I-10 Service Road.

Mr. Tom O’Hare – TimberCreek – spoke in favor of Resolution 2010-37 regarding the withdrawal of the city’s support of the I-10 Service Road.

Mr. Chester McConnell – Timber Creek – spoke regarding the environmental effects of the service road presenting slides of D’Olive Creek showing the erosion that has taken place already

Councilman Scott asked that the City Clerk read Resolution 2010-37 / Withdrawal of Support for Proposed North I-10 Service Road.

The City Clerk read Resolution 2010-37 / Withdrawal of Support for Proposed North I-10 Service Road.

MOTION BY Councilman Boulware to adopt Resolution 2010-37

Seconded by Councilwoman Barnette.

AYE ALL IN FAVOR NAY NONE OPPOSED MOTION CARRIED

MOTION BY Councilwoman Barnette to adopt Ordinance 2010-18.

Seconded by Councilman Burnam.

Councilman Scott asked Councilwoman Barnette if the map hanging on the wall was the map that they were adopting.

Councilwoman Barnette stated yes.

Councilman Scott asked if there were underlying zoning reflected in all areas.

Councilwoman Barnette stated that they still have the green on the golf course right now that has to be corrected.

Councilman Scott asked if the Planning Commission was working on it getting corrections.

Councilwoman Barnette stated yes.

Councilman Scott asked if her recommendation is that council go ahead and approve the map.

Councilwoman Barnette stated that they have already approved it as such, and it would not need to be public participation. We would have to go through the whole process of advertising the zoning map, and have a public hearing like they always do. She said that they could withdraw it, but they have already adopted the map as such for the last few years. So it makes no difference from what she understands.

Council President Palumbo stated that Mr. Ross has stated that the adoption of the map has no effect on the zoning itself one way or another in TimberCreek subdivision.

Mr. Ross stated that he does not think it has an effect one way or the other.

Councilman Burnam asked for clarification on what Councilwoman Barnette means when she says that it is still green.

Councilwoman Barnette stated that for some reason the zoning map within the TimberCreek development has on the map green as a category, and it says golf course, but the City of Daphne does not have a golf course zoning designation. So it is not properly identified on the map.

Councilman Burnam asked what does the green represent.

Councilwoman Barnette stated that it says golf course, but the city does not have a golf course zone.

Councilman Burnam stated that that is what they were going to vote on.

Councilwoman Barnette stated yes.

Mr. Ross stated that they were not voting on a golf course zone tonight.

Councilman Burnam stated but they are showing in on the map as such.

Councilwoman Barnette said that it has been erroneous since they have been producing the map. They just kind of noticed it.

Councilman Yelding stated that he thinks Councilman Burnam’s question is that if they go ahead and vote on it then it is going to stay erroneous.

Councilwoman Barnette stated that they have to correct it which means again that it has to go through public participation.

Mr. Ross stated that the golf course areas are depicted in light blue, and not in green as it was.

Mrs. Hayes stated that it is the current map that she received from the Planning Department. They did not give her one for the public hearing, and so they have the golf course colored in blue.

Councilwoman Barnette stated that they discussed that it needed to go through the public process if they were going to have it as B-2, because at the last meeting they highlighted and assured that if the map was going to be changed so she thinks they need to table this tonight.

Councilman Scott stated that he agrees with Councilwoman Barnette, and up until now everything he has voted on he felt like it was 100% accurate, but now it has been brought to their attention that there could be something erroneous up there, and for them to vote on it now he would fee more comfortable if they would table it, and then latter vote on it.

Council President Palumbo asked if that was a withdrawal of the motion.

Councilwoman Barnette stated that she withdraws her motion.

Councilman Burnam withdrew his second.

Council President Palumbo stated that Ordinance 2010-18 is tabled.