CITYOFCREOLA POBOX490 CREOL4,AL36525 251-675-8142 FAX: 251-675-6146 Councilmembers  Donald Nelson Lee Anne Greene Curtis Heathcoe James Ivy Kenneth Moss Mark Howell  Mayor  Kim W. Pettway City Clerk  Linda Hoiles Court Clerk  Jerry Taylor ChiefofPolice  AGENDA FOR THE CITY OF CREOLA COUNCIL MEETING  HELD AT CREOLA CITY HALL ON August 22, 2013 @ 6:00PM  Mayor Nelson called the meeting to order. Councilman Heathcoe gave invocation.  Upon the call ofroll, the following were found to be present:  Mayor] Nelson Councilwoman Greene Councilman Heathcoe Councilman Ivy Councilwoman Moss Councilman Howell  Attorney Johnny Lane and City clerk were present.  Minutes from the council meeting held on, August 08, 2013 were presented. Councilman Heathcoe made a motion to accept the minutes from the last meeting. Councilman Ivy seconded, all favored, none opposed, motion carried. Minutes from the special council meeting held on, August 13, 2013 were presented. Councilwoman Greene made ai motion to accept the minutes from the last meeting. Councilman Howell seconded, all favored, none opposed, motion carried. CITIZENS ADDRESSINGTHE COUNCIL Mayor welcomes Attorney Johnny Lane as the City attorney.  (Hire attorney)  Mr. Loden states that he is representing 53 families in Rio Honda and they feel like the planning and zoning committee and the City of Creola has done them a disservice. There is sign going up that state regulation state they have to be 500 feet apart and this sign is less than 200 feet from a City clerk stated that there was not a provision for the distance from a front door. It was suggested that a stop work order be submitted, inspector stated that he is not comfortable doing  citizen's front door.  Mayor states that Mr. Chambers brought the issue up in workshop.    this ift there is nothing in the Creola code governing this. Mr. Tim Ryals addressed the sign issue and stated that ordinance in place is the same as the state but does not state in city code about  distance from front door:  Mayor asked Attorney Lane what to do.  Attorney states to stop work until the planning and zoning board can address the issue. Mayor instructs Mr. Don Moss, building inspector toj put a stop work order on the sign first thing  ini the morning until the zoning board addresses the issue. Mr. Moss states that there is room to move the sign up ifneeded. book and see what can be done; it might not be addressed in the zoning book.  Mrs. Chambers spoke about the legality oft the property. Mayor states they will look in the zoning  RESOLUTIONS, ORDINANCES OTHER BUSINESS  No business  PLANNING COMMITTEE  Councilwoman Greene states that Mr. Riley Chestang application was approved. Mayor states that Mr. Bill Bunch is opening a package store business. Councilman Ivy made ai motion to allow Mr. Bunch to open aj package store. Councilwoman Greene seconded, all favored, none opposed, motion carried.  Councilwoman Moss asked if there were any churches that have questioned it, it was explained that the ABC board investigates and checks distance of churches and playgrounds and things of that such before the request is even accepted. They also consult with the city clerk, or official for any further information just in case there is a structure present they are not aware of.  ZONING BOARD OF ADJUSTMENTS PARKS AND RECREATION  No business  Councilman Howell wants benches built at the part; he plans to get with Councilwoman Greene to see what the process should be for families, businesses or individuals to donate benches as  well.  UTILITIES AND SENIOR CITIZEN  Councilwoman Moss states that they are trying to resolve the problem with thei ice machine. Councilman Howell states he has tried to get in touch with Chavis but the person he needs to talk to has been on vacation. City clerk states that she has spoken with the maintenance company and the warranty  company and they are working on a solution to replace or fix the machine.  FINANCE No report.  Councilwoman Greene states that a financial workshop will be held Monday (8/26/13) at 6pm. Councilwoman Greene spoke about the community development group hosting a yard sale on 9/7/13 and the Creola -Axis ministerial association is hosting a day in the park on Saturday  Mayor asked Kim to put out notices about workshop.  9/14/13.    Councilwoman Greene states that the community development group is accepting donations of Councilwoman Greene states that they had a workshop with Satsuma school board. Councilwoman Greene states that they were told to ask attorney Lane. Councilwoman Greene states that they approached the Satsuma school board and asked is there some way that our kids could attend the school ift the city paid some kind of tax or ad valorem. The attorney states he Councilwoman Greene states that the next meeting with Satsuma will be September 5, will get  food to donate to local churches for their food banks.  will check into it. back with time.  POLICE. AND FIRE No business  Councilwoman Greene states that fire department did not have business but they have addressed  the chiefwith trying to save money in the department.  STREETS  Councilman Heathcoe states that Bobby is working hard and the Mayor has been cutting grass in Councilman Heathcoe states he is checking into the city taking over the street that Melvin Enzor Mr. Hicks states he was told to stop working and start grinding pallets. Mr. Hicks states that he is asking for it to be put in writing sO that when the he gets another complaint about noise he will Mr. Hicks asked if the Mayor had not told the city clerk and why they came over after hours to address complaints. Mayor stated that he did not visit the property at his request, Mr. Hicks stated that Councilman Howell came to view his property after hours instead of coming at a time when he could speak to him. Mr. Hicks tried to explain situation at hand. Mayor states he directs what the employees of the city do, and he did not direct an employee to come on his property. Councilman Howell told Mr. Hicks that he has a dump over at his property. Mayor asked Councilman Howell to calm himself; Mayor told the council that they cannot tell the employees what to do. Mr. Hick's addressed about the complaints that grinder is too loud, Mr. Hicks states that the grinder has not even been started yet sO there is no way the grinder can be too loud. Councilman Howell states that Mr. Hicks is bringing in all kind of by products that has no telling what kind of chemical on it and is 20-25 feet high and at least 10 acres long. Councilman Howell states he called the mayor about this issue.  the city and picking up paper.  isr requesting, he will get back with the owner.  have proof that he is doing what the city instructed him to do. Attorney Lane states that it can be put in writing.  Attorney Lane said to give Mr. Hicks something in writing from the inspector. Mr. Moss will need to draft a letter. Mr. K. Walker asked if dust will be an issue. Mayor states they have  already addressed the dust issue. Councilman Howell has no other business    this ift there is nothing in the Creola code governing this. Mr. Tim Ryals addressed the sign issue and stated that ordinance in place is the same as the state but does not state in city code about  distance from front door.  Mayor asked Attorney Lane what to do.  Attorney states to stop work until the planning and zoning board can address the issue. Mayor instructs Mr. Don Moss, building inspector to put a stop work order on the sign first thing  in the morning until the zoning board addresses the issue. Mr. Moss states that there is room to move the sign up ifneeded. book and see what can be done; it might not be addressed in the zoning book.  Mrs. Chambers spoke about the legality ofthe property. Mayor states they willl look in the zoning  RESOLUTIONS, ORDINANCES OTHER BUSINESS  No business  PLANNING COMMITTEE  Councilwoman Greene states that Mr. Riley Chestang application was approved. Mayor states that Mr. Bill Bunch is opening aj package store business. Councilman Ivy made a motion to allow Mr. Bunch to open aj package store. Councilwoman Greene seconded, all favored, none opposed, motion carried.  Councilwoman Moss asked ift there were any churches that have questioned it, it was explained that the ABC board investigates and checks distance of churches and playgrounds and things of that such before the request is even accepted. They also consult with the city clerk, or official for any further information just in case there is a structure present they are: not aware of.  ZONING BOARD OF ADJUSIMENIS PARKS AND RECREATION  No business  Councilman Howell wants benches built at the part; he plans to get with Councilwoman Greene to see what the process should be for families, businesses or individuals to donate benches as  well.  UTILITIES AND SENIOR CITIZEN  Councilwoman Moss states that they are trying to resolve the problem with the ice machine. Councilman Howell states he has tried to get in touch with Chavis but the person he needs to talk to has been on vacation. City clerk states that she has spoken with the maintenance company and the warranty  company and they are working on a solution to replace or fix the machine.  FINANCE No report.  Councilwoman Greene states that a financial workshop will be held Monday (8/26/13) at 6pm. Councilwoman Greene spoke about the community development group hosting a yard sale on 9/7/13 and the Creola -Axis ministerial association is hosting a day in the park on Saturday  Mayor asked Kim to put out notices about workshop.  9/14/13.    Councilwoman Greene states that the community development group is accepting donations of Councilwoman Greene states that they had a workshop with Satsuma school board. Councilwoman Greene states that they were told to ask attorney Lane. Councilwoman Greene states that they approached the Satsuma school board and asked is there some way that our kids could attend the school if the city paid some kind of tax or ad valorem. The attorney states he Councilwoman Greene states that the next meeting with Satsuma will be September 5, will get  food to donate to local churches for their food banks.  will check into it. back with time.  POLICE AND FIRE No business  Councilwoman Greene states that fire department did not have business but they have addressed  the chiefwith trying to save money in the department.  STREETS  Councilman Heathcoe states that Bobby is working hard and the Mayor has been cutting grass in Councilman Heathcoe states he is checking into the city taking over the street that Melvin Enzor Mr. Hicks states he was told to stop working and start grinding pallets. Mr. Hicks states that he is asking for it to be put in writing sO that when the he gets another complaint about noise he will Mr. Hicks asked if the Mayor had not told the city clerk and why they came over after hours to address complaints. Mayor stated that he did not visit the property at his request, Mr. Hicks stated that Councilman Howell came to view his property after hours instead of coming at a time when he could speak to him. Mr. Hicks tried to explain situation at hand. Mayor states he directs what the employees of the city do, and he did not direct an employee to come on his property. Councilman Howell told Mr. Hicks that he has a dump over at his property. Mayor asked Councilman Howell to calm himself; Mayor told the council that they cannot tell the employees what to do. Mr. Hick's addressed about the complaints that grinder is too loud, Mr. Hicks states that the grinder has not even been started yet sO there is no way the grinder can be too loud. Councilman Howell states that Mr. Hicks is bringing in alll kind oft by products that has no telling what kind of chemical on it and is 20-25 feet high and at least 10 acres long. Councilman Howell states he called the mayor about this issue.  the city and picking up paper.  isr requesting, he will get back with the owner.  have prooft that he is doing what the city instructed him to do. Attorney Lane states that it can be put in writing.  Attorney Lane said to give Mr. Hicks something in writing from the inspector. Mr. Moss will need to draft a letter. Mr. K. Walker asked if dust will be an issue. Mayor states they have  already addressed the dust issue. Councilman Howell has no other business    Councilwoman Moss would like to be a member of the chamber of commerce, the cost is  $350.00.  Councilwoman Moss made a motion to join the mobile chamber of Commerce. Councilwoman Greene second, all favored, none opposed, motion carried.  Councilwoman Moss asked Mr. Bryan about the agreement with Lemoyne concerning the sewer lines to tie in to Satsuma at a future time. Mayor asked for the attorney to look over: first. Councilwoman Greene made a motion for the employees to pay $100.00 a month for insurance. Councilman Ivy states he thought they were going to wait until after the work shop.  Councilwoman Greene rescinded her motion.  ADDITIONAL NOTES  Mayor speaks on working draft annexation with Saraland.  Mayor states that the employee's will be absorbed into Saraland with a pay increase, a police annex to be located in Creola, Dispatch would be located in Saraland, Fire department annex would be located in Creola with 2-3 full time fire fighters, children automatic on the buses, all franchise's agreement will be honored, (Lemoyne agreement and Integra agreement, Sewer, AT&T) Sewer would be honored unless state or county stopped it but ifit fails- must tie in if accessible, ad valorem tax would change (Creola is 5 mil and Saraland is 3.5 mil) once mobile revenue department adjusted, Senior center if agreement allowed it would become a city type community building, a bus would be sent to the senior house to pick up and take them to Saraland center, Garbage would be twice a week plus debris once a week for rate around $18.50 month, tax rate is a penny higher than Creola, City has no control over postal service, Saraland would absorb our debt, citizen going on the zoning board, school board has to be interviewed to work on that board, both zoning ordinance is thru SARPC, no problems with animals except no pigs, Hunting issue is 25 acres (personal or family owed, or leased) to hunt on, animal control extended to Creola, lawyers from both cities will be looking into the binding of the agreement, the agreement is perpetual, it cannot be changed, pay as you go should not change for 2012, tennis court not going to happen, Crenshaw park should not be an issue transferring over, notifications or legal agreements for the county or state would be handled, the Creola streets Brown Holmes, Hall, Magnolia and James Burkett and Lister to be added to their master list of Councilwoman Greene asked the attorney about the senor building, Kim states that Mrs. Nayyer Mahdi states that it was built to be a senior building and she is not sure that it cannot be used for Councilwoman Greene states to find out what will happen with the people that has the building Ms. Chambers states that they are speaking as if things are already done. Attorney Lane states A citizen asked about mobile home issues. Mayor states that Saraland has provision in the zoning code that allows someone to bring a manufactured home into Saraland for replacement just like in Creola as long as it is compatible with surrounding homes. A discussion about mobile homes  paving,(the paving ofr roads would be for the next council)  anything else and she said she would get it in writing.  rented out for the next year.  Mayor states that the next meeting will be September 3, 2013.  that council are following statue. Attorney Lane will check into these issues.  took place.    Councilwoman Greene states that the grandfather clause goes to the owner of the land not the use Councilman Ivy asked when is this going to come to an end sO it can be settled and quit tearing Mayor states once negotiations between both cities committee is complete, then the agreement will be worked up by the lawyers and they will have a perpetual agreement, then the agreement will be brought back to the city council and the attorney will review it, then the council will make their decision whether the citizens will be able to vote on it, if the council says to let the Mayor states his goal is to be through September 4, councilwoman Greene states she do not see  oft the land. our city apart.  citizens vote then within 45 days. how they would be complete. Adjournment  Councilman Ivy states that he asked when they would be through.  Councilman Heathcoe made a motion to adjourn the meeting. Councilwoman Howell seconded, all favored, none opposed, motion carried.