City Council Meeting s4

CITY COUNCIL MEETING JULY 28, 2008

PUBLIC HEARING – 5:15 P.M.

TO RECEIVE PUBLIC INPUT REGARDING ORDINANCE 2008-05 AND PROPOSED AMENDMENTS TO THE MASTER PLAN OF THE PLANNED UNIT DEVELOPMENT KNOWN AS THE PRESERVE SUBDIVISION.

Mayor Dexter McLendon called the Public Hearing to order on Monday, July 28, 2008 at 5:15 p.m. in the Council Chamber. Sue R. Arnold, City Clerk, recorded the following members as present: Mayor McLendon, Councilmembers Jean A. Thompson, Ed Sims, Tommy Ryan, James Lewis and Jeddo Bell. Mayor McLendon advised the purpose of the Public Hearing was to receive public comment regarding a request from KD Development, owner of multiple lots in the Preserve Subdivision, to amend the Planned Unit Development (PUD) Master Plan for the Preserve by resizing fourteen garden home lots on Long Leaf Lane to create ten larger lots. He called for those who wished to speak in favor of the proposed ordinance to stand and state their name for the record.

Citizens speaking in favor of amending the Master Plan were Richard Saunders, Arnold Black, Randal Nicholas, Charles “Butch” Thurman, J. B. Kim, Glenn Clark and Jim Johnson. Mr. Clark presented the Council with individual petitions signed by seventy-five percent of the landowners who are in favor of the proposal.

Mr. Johnson stated that as a lot owner he is in favor of the changes proposed by KD Development; however, he voiced concern over the fact that “the city ignores covenant restrictions”. He urged the City Council to take a strong look at including the enforcement of covenant restrictions in its ordinance. He added that enforcement of covenants protects land owners and the value of their properties. Mr. Johnson pointed out that by obtaining formal petitions from the land owners regarding a change to the Master Plan, KD Development had abided by the covenants and requested that the official minutes reflect that fact. [The petitions have been included as part of the record and spread upon the minutes of this public hearing and council meeting.] Mayor McLendon advised that the Council would take Mr. Johnson’s comments and request under advisement and seek advice from other cities and the Alabama League of Municipalities. Mayor McLendon then called for opposing comments from the floor, and with none voiced the public hearing was adjourned at 5:25 p.m.

REGULAR COUNCIL MEETING – 5:30 P.M.

The Greenville City Council convened in the Council Chamber at City Hall on Monday, July 28, 2008, at 5:30 p.m. for a regular meeting. Mayor Dexter McLendon called the meeting to order. City Clerk-Treasurer Sue R. Arnold called the roll and recorded the following members present: Mayor McLendon, Councilmembers Jean A. Thompson, Ed Sims, Tommy Ryan, James Lewis and Jeddo Bell. Mayor McLendon led those attending in the Pledge of Allegiance to the American Flag. Councilmember Bell delivered the invocation.

1 July 28, 2008 Council Minutes Continued

APPROVAL OF MINUTES:

Mayor McLendon advised each councilmember had received for review a copy of the proposed minutes for the Regular Council Meeting held on July 14, 2008. He asked if there were any additions, deletions or amendments to the minutes.

Councilmember Thompson moved to dispense with the reading of the minutes and approve the minutes as drafted. Councilmember Bell seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

NEW BUSINESS:

ORDINANCE 2008-05. AN ORDINANCE TO APPROVE CHANGES TO THE MASTER PLAN OF A PLANNED UNIT DEVELOPMENT (PUD) REGARDING THE RE-SUBDIVISION OF PROPERTY ON LONG LEAF LANE LOCATED IN THE PRESERVE SUBDIVISION. **

Mayor McLendon introduced Ordinance 2008-05. He advised that a public hearing as required by the City’s Code of Ordinances was held at 5:15 p.m. on this date during which public comment was received by the City Council with no one speaking against the request entered by KD Development. He called for the pleasure of the council regarding adoption of the ordinance.

Councilmember Bell moved that all rules governing the Council which might, unless suspended, prevent the passage and adoption of Ordinance 2008-05 at this meeting, be suspended for the purpose of permitting the said ordinance be finally passed and adopted at this meeting. Councilmember Sims seconded the motion. Mayor McLendon called for a roll call vote which was recorded as follows:

Councilmember Thompson Aye Councilmember Sims Aye Councilmember Ryan Aye Councilmember Lewis Aye Councilmember Bell Aye Mayor McLendon Aye

Mayor McLendon declared the motion to suspend the rules passed.

Councilmember Bell moved to place Ordinance 2008-05 into final passage. Councilmember Ryan seconded the motion and called for further clarifying comments from the City Attorney regarding the City’s legal obligation toward covenants prior to the roll call vote.

City Attorney Richard Hartley defined covenants as contracts between property owners and developers and explained that the City has no legal right or authority to get involved with the enforcement of private covenants relating to private property. Mr. Hartley advised that all of the PUD requirements outlined in the City’s Code of Ordinances have been met, according to the City’s Building Official. Submission of petitions by 75% of the property owners who have given their approval for the Master Plan to be amended reflects the wishes of the property owners and satisfies the covenant regulations, but has no bearing on the procedure for amendment of a PUD Master Plan pursuant to the Code of Ordinances.

Mayor McLendon called for a roll call vote which was recorded as follows:

Councilmember Thompson Aye Councilmember Sims Aye Councilmember Ryan Aye Councilmember Lewis Aye Councilmember Bell Aye Mayor McLendon Aye

Mayor McLendon declared the motion to adopt carried.

RESOLUTION 2008-42. TO DECLARE JAMES LEWIS DULY ELECTED TO THE OFFICE OF COUNCILMEMBER-DISTRICT FOUR FOR THE 2008-2012 ADMINISTRATION COMMENCING ON THE FIRST DAY OF NOVEMBER 2008. **

Mayor McLendon introduced Resolution 2008-42 and announced that only one person filed a Statement of Candidacy for the position of District Four Councilmember during the qualifying period for the upcoming municipal election. He further declared that a written statement had been issued to the City Council certifying that Mr. James Lewis was the only candidate qualifying for the District Four election. He called for the pleasure of the Council.

Councilmember Sims moved to adopt Resolution 2008-42 declaring that James Lewis be declared duly elected to the office of Councilmember District Four for the term of office commencing on the first Monday in November, 2008 and authorizing a Certificate of Election to be issued to James Lewis. Councilmember Ryan seconded the motion. Mayor McLendon announced the motion carried unanimously and congratulated Councilmember Lewis.

RESOLUTION 2008-43. TO DECLARE JEDDO BELL DULY ELECTED TO THE OFFICE OF COUNCILMEMBER-DISTRICT FIVE FOR THE 2008-2012 ADMINISTRATION COMMENCING ON THE FIRST DAY OF NOVEMBER 2008. **

Mayor McLendon introduced Resolution 2008-43 and announced that only one person filed a Statement of Candidacy for the position of District Five Councilmember during the qualifying period for the upcoming municipal election. He further declared that a written statement had been issued to the City Council certifying that Mr. Jeddo Bell was the only candidate qualifying for the District Five election. He called for the pleasure of the Council.

Councilmember Sims moved to adopt Resolution 2008-43 declaring that Jeddo Bell be declared duly elected to the office of Councilmember District Five for the term of office commencing on the first Monday in November, 2008 and authorizing a Certificate of Election to be issued to Jeddo Bell. Councilmember Lewis seconded the motion. Mayor McLendon announced the motion carried unanimously and congratulated Councilmember Lewis.

APPROVAL OF EXPENDITURES:

MONTGOMERY TECHNOLOGY - $1110.00.

Councilmember Bell moved to approve payment to Montgomery Technology in the amount of $1110.00 for a new computer terminal for the Police Department. Councilmember Lewis seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

HANSON PIPE - $3110.88.

Councilmember Thompson moved to approve payment to Hanson Pipe in the amount of $3110.88 for pipe for the Hickory Street Road Repair Project. Councilmember Lewis seconded the motion. Mayor announced the motion carried with a unanimous vote of the Council.

KENT TANNER - $2240.00.

Councilmember Bell moved to approve payment to Kent Tanner in the amount of $2240.00 for labor to repair the Ritz Theatre roof and replace rotten wood in the marquee area and above the ticket booth, all part of the Ritz Marquee Project. Councilmember Thompson seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

MCKINLEY TIRE - $1215.80.

Councilmember Ryan moved to approve payment to McKinley Tire Center for the Street Department’s purchase of four tires for truck #62. Councilmember Lewis seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

MIDDLETON OIL COMPANY, INC. - $1087.93.

Councilmember Bell moved to approve payment to Middleton Oil Company, Inc. in the amount of $1087.93 for the Sanitation Department’s purchase of 250 gallons of off-road diesel for the Inert Landfill. Councilmember Ryan seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

ALABAMA LEAGUE OF MUNICIPALITIES - $2692.29.

Councilmember Lewis moved to approve payment to the Alabama League of Municipalities in the amount of $2692.29 for the City’s membership dues for 9/1/2008-8/31/2009. Councilmember Thompson seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

WEED AND DEBRIS VIOLATIONS:

1. Dorothy Thigpen Jordan – House and property next to 706 South Street Map: 10-08-06-14-3 Block 3 Parcel 39

2. Rosie Lee Peterson – Lot at 411 Hicks Street Map: 10-08-06-23-2 Block 9 Parcel 25

3. Millard C. Wade – Lot at 420 E. Parmer Street Map: 10-08-06-23-4 Block 2 Parcel 5

Councilmember Sims moved to proceed to the next step of compliance for three weed and debris violations, pursuant to the City’s Code of Ordinances , for properties owned by (1) Dorothy Thigpen Jordan located on South Street; (2) Rosie Lee Peterson located at 411 Hicks Street; and (3) Millard C. Wade at 420 East Parmer Street thereby authorizing City crews to clear the properties and the property owners to be billed for the services. Councilmember Bell seconded the motion. Mayor McLendon announced the motion carried with a unanimous vote of the Council.

ANNOUNCEMENTS AND ADJOURNMENT:

The new Walgreens, located at the corner of Fort Dale Road and the Bypass, will hold its grand opening and ribbon cutting ceremony on Monday, August 4th at 10 a.m.

The Planning Commission will meet on Monday, August 4th at 5 p.m.

Mayor McLendon announced the next regular council meeting will be held August 11, 2008. With no further business or announcements, Mayor McLendon adjourned the meeting at 5:40 p.m.

______Sue R. Arnold, Acting City Clerk-Treasurer

______Dexter McLendon, Mayor

**ALL SUPPORTING DOCUMENTATION APPEARS AT THE END OF THE MINUTES.