MONDAY, APRIL 10, 2006 AT 4:00 P.M.
The Cedar Bluff Town Council of the Town of Cedar Bluff, County of Cherokee, State of Alabama, met in Regular Scheduled Session in the Council Room at Town Hall, 3420 Spring Street, Cedar Bluff, Alabama, Monday, April 10, 2006 at 4:00 p.m., pursuant to notice duly posted as prescribed by law. Mayor Martha Baker presided and called the meeting to order. Members in attendance were as follows:
Martha Baker Billie Burkhalter
Mayor District 1
Forrest Pearson Ethel Sprouse
District 3 District 4
Leatha Harp___
District 5
ABSENT:
Rick
Sides____
District 2
INVOCATION
The invocation was given by Council member Leatha Harp.
FLAG SALUTE
At this time Mayor Baker deviated from the regular agenda to open a public hearing to amend the Zoning Code of the Town of Cedar Bluff to decrease the site size for multi-family dwellings from two (2) acres to one and three fourths (1 3/4) acres and to increase multifamily dwellings from ten (10) dwellings units per acre to twenty (20) dwellings per acre in R-3 District.
AGENDA ITEM NO. 6: Public
hearing and consider an ordinance amending the Zoning Code of the Town of
a. Change Article V, Section 8.3, Paragraph
B. Minimum Development Site Size (for
multi-family dwellings) from two (2)
acres to one and three fourths (1 ¾)
acres
b. Change Article V, Section 8.3, Paragraph
C. Maximum Density (for multi-family
dwellings) from ten (10) dwelling units
per acre to twenty (20) dwellings per acre.
No persons appeared.
A motion was made by Sprouse, seconded by Burkhalter, that the public hearing be closed. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Pearson, Baker, Harp
NAY: None
A
motion was made by Burkhalter, seconded by Sprouse to adopt Ordinance No.
2006-04 and amend the Zoning Code of the Town of
a. Change Article V, Section 8.3, Paragraph B. Minimum Development Site Size
(for multi-family dwellings) from two (2) acres to one and three fourths (1 ¾)
acres
b. Change Article V, Section 8.3, Paragraph C. Maximum Density (for multi
-family dwellings) from ten (10) dwelling units per acre to twenty (20)
dwellings per acre.
Motion carried (5-0)
AYE: Burkhalter, Sprouse, Harp, Pearson, Baker
NAY: None
Mayor Baker now declared Ordinance No. 2006-04 duly passed and adopted.
Mayor Baker now opened a public hearing to rezone property located at the corner of West Chattooga and Highway 68, from HC, Highway Commercial, to R-3, High Density Residential for use as a twenty-four unit condominium.
AGENDA ITEM NO. 7: Public hearing and consider an ordinance to
rezone property located at the corner of
Highway Commercial to R-3, High Density
Residential for use as a twenty-four unit
condominium. (Applicants: Josh Williams,
Bill Allen and Matt Greene)
No persons appeared.
A motion was made by Sprouse, seconded by Pearson, to close the public hearing and to table the adoption of the rezoning ordinance until a later date per applicant’s request (Overlook Development). Motion carried (5-0).
AYE: Sprouse, Pearson, Baker, Harp, Burkhalter
NAY: None
AGENDA ITEM NO. 1: Consider minutes of the March 20. 2006 meeting
A motion was made by Harp, seconded by Burkhalter that the minutes of March 20, 2006 be approved. Motion carried 5-0.
AYE: Harp, Burkhalter, Pearson, Baker, Sprouse
NAY: None
AGENDA ITEM NO. 2: Acknowledge the following minutes.
a. Planning Commission minutes March 6, 2006
b. Zoning Board of Adjustment of January 30 and February 27, 2006 meetings
The minutes of the Planning Commission and Zoning Board of Adjustment were
acknowledged as presented.
AGENDA ITEM NO. 3: Presentation of Police Report for March 2006 by Police Chief Walden
The Police Report for March 2006 was given by Assistant Police Chief J. P Curry in the absence of Police Chief Walden.
AGENDA ITEM NO. 4: Presentation of Code Enforcement Report for March 2006
The Code Enforcement Report for March 2006 was given by Mayor Baker in the absence of Code Enforcement Officer Jimmy Wallace.
AGENDA ITEM NO. 5: Presentation of Fire Department Report for January, February and March, 2006 by Fire Chief J. P. Curry
Fire Chief J. P Curry presented the Fire Department Report for the first quarter of 2006.
At this time, Fire Chief Curry also expressed his desire to utilize the services of Covenant Billing Corporation to provide billing for all fire runs.
Mayor Baker advised the council would now consider Agenda Item 10 concerning the Covenant Billing Corporation.
AGENDA ITEM NO.10: Consider allowing the Fire Department to use Covenant Billing Corporation for the billing of all fire runs.
A motion was made by Sprouse, seconded by Burkhalter to allow the fire department to utilize the services of Covenant Billing Corporation for the billing of fire runs for Cedar Bluff contingent upon a letter of intent from Covenant. Motion carried (5-0)
AYE: Sprouse, Burkhalter, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 8: Consider
recommendation from the Planning Commission regarding the rezoning of property
located on
A
motion was made by Sprouse, seconded by Harp to accept the recommendation from
the Planning Commission to rezone property located on
AYE: Sprouse, Harp, Burkhalter, Pearson, Baker
NAY: None
AGENDA ITEM NO. 9: Consider an application for retail sale of beer with off premises consumption. (Applicant: Shambhu B. Patel, Shayali, LLC (Cedar Bluff Quick Mart)
A motion was made by Sprouse, seconded by Burkhalter, to approve the application from Shambhu B. Patel, Shayali, LLC for retail sale of beer with off premises consumption. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 11: Consider
putting a Rules and Procedures manual in place for the Town of
A
motion was made by Sprouse, seconded by Burkhalter, to approve a rules and
procedures manual for the Town of
AYE: Sprouse, Burkhalter, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 12: Consider assisting the Cherokee County Chamber of Commerce with $1,000.00 to help with the Boat and Travel Shows from February thru May, 2006. (Tabled from 03/13/06 meeting)
A motion was made by Burkhalter, seconded by Sprouse, to give the Cherokee County Chamber of Commerce $250.00 to assist with the Boat and Travel shows from February through May, 2006. Motion carried (5-0).
AYE: Burkhalter, Sprouse, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 13: Consider the possibility of advertising for bids for mowing for the Town. (Tabled from 03/13/06 meeting)
Mayor Baker advised that the Town employees would be doing the mowing and upkeep of town property this year.
AGENDA ITEM NO. 14: Consider
the possibility of adopting a Clean and Lien ordinance for the Town of
Mayor Baker advised that the town had been researching the ordinance from Centre regarding cleaning up neglected properties in town. She advised that this ordinance would suit Cedar Bluff’s situation and we could try to get citizens to clean up their property without filing a lien against their property. A motion was made by Sprouse, seconded by Burkhalter, to prepare a Clean and Lien ordinance and consider at the next meeting. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 15: Consider Bids for the 1996 Jeep Cherokee SUV (Tabled from 03/13/06 meeting)
A motion was made by Burkhalter, seconded by Harp, to reject all bids for the 1996 Jeep Cherokee. Motion carried (5-0).
AYE: Burkhalter, Harp, Pearson, Baker, Sprouse
NAY: None
A motion was made by Burkhalter, seconded by Harp, to advertise the 1996 Jeep Cherokee in the Post with a $4,000.00 reserve. Motion carried (5-0).
AYE: Burkhalter, Harp, Pearson, Baker, Sprouse
NAY: None
AGENDA ITEM NO. 16: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)
In New Business, Council Member Sprouse advised she had received a call from Scott Wright regarding the litter on County Road 131. Mrs. Sprouse recommended the town apply for the Green Thumb grant or that we advertise a cleanup day and all citizens cleanup the area in front of their own homes or property.
It was noted that the law enforcement can only enforce a litter ordinance if they witness someone throwing litter.
Council Member Sprouse suggested the town adopt an ordinance implementing a fine if someone is caught littering.
Mr. Don Fath suggested the town contact People Against a Littered State (PALS) for ideas. It was also noted that April of every year is County Clean Up Week and Cedar Bluff will try to participate in the future.
Mayor Baker advised the town needed to purchase new flowers and soil for the Town Hall and the Park since the ones from last year had been stolen.
A motion was made by Sprouse, seconded by Burkhalter to allow the Mayor to purchase flowers for the Town Hall and Park. Motion carried (5-0).
AYE: Sprouse, Burkhalter, Pearson, Baker, Harp
NAY: None
AGENDA ITEM NO. 17: Citizen’s Participation (Five minute limit per person)
Under Citizen’s Participation, Mr. Don Fath inquired about the $1.00 license fee that is added to the utility bill. Mayor Baker advised that this fee is put into an account for street repairs and when monies are allocated where they should be, we will then have the money to repair the streets. She also advised that work has begun, but it will take time to repair all streets.
AGENDA ITEM NO. 18: Adjournment
There being no other business to be considered, a motion was made by Burkhalter, seconded by Harp, that the meeting be adjourned. (4:52 p.m.) Motion carried (5-0).
AYE: Burkhalter, Harp, Pearson, Baker, Sprouse
NAY: None
___MARTHA BAKER________
MAYOR
(S E A L)
ATTEST:
DeLANA MARTIN________
TOWN CLERK
APPROVED 05/08/06