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DAPHNE, Alabama — Two months after a controversial 90-foot pylon sign was built at Jubilee Square, the City Council discussed another proposal on Monday for a sign of the same size a short distance east on U.S. 90 across from the shopping center.

Retail chain Academy Sports is proposing to build a 71,000-square-foot store beside Mobile Infirmary Medical Center across U.S. 90 from Jubilee Square, city officials said.

In April, a representative of the development asked the city’s Planning Commission to consider an expansion of the overlay district that was created last year for Jubilee Square. It was that overlay district that made the existing 90-foot pylon sign possible.

Overlay districts are created to allow different zoning rules within certain areas of a city.

Most commission members at that meeting expressed strong opposition to that proposal and to any attempt to alter the city’s sign ordinance, and requested that Planning Director Adrienne Jones present the information to the City Council for review, according to meeting minutes.

During Monday’s meeting, Jones did so.

Councilman Gus Palumbo spoke up immediately.

“For the planning committee to propose an overlay district to the City Council is highly unusual. It’s not within the purview of the committee to create an overlay district. It should be initiated by the City Council and there’s been no discussion of such,” Palumbo said.

Councilman Ron Scott cited the state law governing municipal planning commission, and said that it was perfectly common and appropriate for the Planning Commission to present such matters to the council.

“In fact, that’s their job,” Scott said. The council, not the commission, has the power to create zoning changes by passing laws, he said.

Palumbo responded that he was “very aware” of the state law, but said the council and not the commission has always initiated such matters in the past.

Scott said that was, in fact, a reversal of the truth. Such matters are always initiated at the commission or committee level, then presented to the council.

“For a councilman to call down a volunteer board and chastise them I think is out of line,” Scott said.

Council President Cathy Barnette, who also sits on the Planning Commission, said the request had originated with Academy Sports.

Palumbo complained that Jones had not mentioned Academy Sports in her presentation.

The council packet provided to every council member three days before Monday night’s meeting contained more than 30 pages of documents related to the discussions between Academy Sports and the Planning Commission and the panel’s subsequent research.

No vote was taken on the issue. There was no ordinance or resolution related to Academy Sports’ requests on Monday night’s agenda.

During council comments near the end of Monday’s meeting, Barnette said she had refrained from speaking on the signage issue during the earlier discussion because the council president is supposed to remain neutral when possible.

“I believe we made a mistake in the Jubilee overlay district. I do not believe signage increases business,” Barnette said.

Baldwin and Shelby counties, both known for restrictive signage regulations, have remained Alabama’s fastest-growing areas for decades, she said. She said she would not support an expansion of the Jubilee overlay district or other changes proposed by Academy Sports.

In January, the City Council unanimously approved a zoning overlay district for the area that includes Jubilee Square shopping center and several surrounding businesses off U.S. 90 just south of Interstate 10.

City officials said at the time that the new district was created to accommodate Academy Sports, which had expressed strong interest in locating at the shopping center. But the deal fell through, and Dick’s Sporting Goods wound up at the shopping center instead.

The new district set out a broad range of new regulations, most notably a few exceptions to the city’s sign ordinance.

Under the city’s existing sign ordinance, businesses that front Interstate 10 may have signs up to 40 feet tall, while all others must be less than 20 feet tall.

Under the overlay district plan, the businesses in the district could pay to erect a single-pylon sign up to 90 feet tall, a single shopping center sign 21 feet tall and individual interstate signs 45 feet tall.

One option being considered by the Planning Commission is to expand the district several miles along U.S. 90 to Ala. 181.

In other business Monday, the council approved two exceptions to a hiring freeze in effect since June 2009. The council voted to hire a corrections officer and a patrol officer, but a measure to hire a revenue technician failed.

Scott said the Revenue Department has just two positions — a revenue officer who “spends most of his time out in the field” and a technician who works in the office selling business licenses and performing other customer service. He said failing to hire a new technician would affect city revenues.

Before each hiring freeze vote, Scott said he felt it was inappropriate for the council to be “micromanaging” matters that should be up to the mayor.

The state Supreme Court ruled late last month that mayors alone have the power to hire and fire municipal employees. Scott said he felt the council should no longer vote on each personnel decision and hand that responsibility back to the mayor. Two other council members said they felt it is the panel’s duty to watch the budget by deciding which slots to fill. 

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