Dog park fund ‘in the red’ (and that’s a good thing)

By Mike Odom
Staff Writer
Posted 8/12/09

FAIRHOPE, Ala. — An extensive revision of the city’s erosion and sediment control ordinance was adopted by the City Council this week.

“All properties, including single-family homes, will be required to submit an ‘erosion and sediment …

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Dog park fund ‘in the red’ (and that’s a good thing)

Posted

FAIRHOPE, Ala. — An extensive revision of the city’s erosion and sediment control ordinance was adopted by the City Council this week.

“All properties, including single-family homes, will be required to submit an ‘erosion and sediment control plan’ prior to land disturbance, if (the) site is in a ‘critical area,’ which is defined as properties within 100 feet of sensitive areas, including wetlands, flood plains and gullies,” according to a memo from Kim Burmeister, the city’s environmental officer, presented at Monday’s council meeting.

The revised law supplements existing “best management practices” legal requirements for commercial and subdivision projects, she said.

Some revisions include new requirements for stabilization of land and increased inspections of the project during construction.

“Each phase of construction shall require a separate site inspection, before the next phase begins,” the ordinance that became effective Aug. 10 states.

Burmeister said the new ordinance was prompted “to hold everyone accountable for the same (protection) measures.”

Councilman Mike Ford asked if the new law prevented the use of red clay being used during current expansion of the pedestrian and bicycle trail along Scenic Highway 98 in Point Clear.

Burmeister said other city laws do restrict the use of red clay in coastal areas, but that county and state projects do not fall within city oversight. She said the current Scenic 98 construction was a county project.

“It looks like no one else can do it, but (the county or state) can do it anytime they want,” Ford said.

Burmeister said the city also does not have authority over school construction projects such as at the new elementary school on North Section Street. That project received a “notice of violation” last month from the Alabama Department of Environmental Management for alleged failures to implement best management practices including stabilization of land. As a result, muddy water after heavy rains flowed offsite and into a nearby creek and Mobile Bay, according to the agency.

The revised ordinance was developed by a study group that included city staff, local residents and city staff from Daphne and Foley. The ordinance used Foley’s erosion and sediment control ordinance as a model, Burmeister said.

In other business, the council:

•Heard a report from Mayor Tim Kant, who announced that the Fairhope Dog Park had been completely funded as of a $20,000 anonymous donation received Thursday. A sign in front of the public library showing the target $25,000 amount “went up all of a sudden,” to the top number after the donation was received, he said.

The final construction of the dog park to include fencing of the shaded property at Volanta Municipal Park will start soon, Kant said.

The mayor also reported on plans to eliminate timed parking in downtown Fairhope, following a meeting last week among city officials, staff and downtown merchants.

“Tomorrow we’ll start taking the signs down,” said Kant, referring to the two-hour parking signs he said were erected by the administration prior to that of former mayor Jim Nix.

At one time parking meters were also tried in the downtown area, but the were moved to the municipal pier parking, which did not go well, he said.

“They were all thrown in the bay,” Kant said.

A moratorium on enforcement of of the parking restrictions has existed since Police Chief Bill Press raised the issue during a council meeting last month, stating that downtown parking laws either needed to be enforced, or the current laws revised or eliminated.

Although Kant said the signs would be taken down this week, he also stated that “I might just order the (police) chief to take them all back down.” As of press time, the signs on Fairhope Avenue between Church and Section streets were still standing.

•Authorized Kant to write a letter to the Alabama Department of Human Services and the Federal Emergency Management Administration to support an application to be filed by the Fairhope Volunteer Fire Department for construction of a new fire station to be located at Parker Road behind the new Publix Super Market and shopping center on U.S. 98.

That site location was approved Aug. 3 by the Planning and Zoning Commission. Planning Director Jonathan Smith said a public hearing will be held by the commission, possibly in September or October, after a subdivision application for the project has been submitted. The property for the station is being donated by Arthur Corte, he said.

•Approved a franchise agreement for Jason L. Gandy to operate a commissary cart at the municipal pier from 10 a.m. to 2 p.m., Monday through Friday, to sell hot dogs, chips and beverages.