MINUTES HELENA CITY COUNCIL REGULAR MEETING MAY 7, 2007

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1 MINUTES HELENA CITY COUNCIL REGULAR MEETING MAY 7, 2007 The Council of the City of Helena met in a regular scheduled meeting on Monday, May 7, 2007 in the Helena Municipal Building at 6:00 P.M., regular place and time for holding said meetings. Mayor Penhale called the meeting to order at 6:12 P.M. with Jerry Pate leading prayer. The Pledge of Allegiance was recited by all. Roll Call Present: Members: Absent: Visitors: Charles W. Penhale, Mayor Katherine Ennis, Barbara Hyche and Jerry Pate Tom Lefebvre and Colleen Lenz George Pickle and others (list attached) Mayor Penhale declared a quorum present and meeting was opened for business. Jerry Pate made a motion to approve the minutes as written from the April 2, 2007 meeting with a second by Katherine Ennis and the following votes were cast: Jerry Pate made a motion to accept and pay current bills with a second by Barbara Hyche and the following votes were cast: Tim Thomas 244 Pineywoods Lane Home Occupation License (copy of letter of request becomes part of minutes) Mr. Thomas was present at the meeting to answer any questions the Mayor and Council may have. Jerry Pate related to Mr. Thomas that the City had been having problems in the contracting business that had obtained a home occupation business license but we realize that you have to get started somewhere; emphasized no signs for advertisement as the residence, only employee at residence, etc. Mr. Pate asked Mr. Thomas as estimated time structure for operating from his residence. Mr. Thomas replied until the business grows. Barbara Hyche asked the name of the business and Mr. Thomas replied Yellow Hammer Deck & Fence. Ms. Hyche responded then you have a partner, right. Mr. Thomas stated that he would have a partner but he was setting the business up as a sole proprietorship until a license and everything is obtained and then he will become a limited liability company. Ms. Hyche

2 related to Mr. Thomas that when we ask if you are going to be storing equipment, supplies, etc. at the residence, this applies to Mr. Trey Newman at 153 Roy Court and his residence as well. Mr. Thomas replied there would be no equipment stored at the residences, we have a storage/warehouse facility; we do not have any large equipment such as backhoes, bobcats, etc., our equipment is nail guns, etc. Ms. Hyche asked about supplies. Mr. Thomas replied the supplies will be purchased and picked up as need. No storage at the residence. Katherine Ennis then said if you have left over pieces of lumber, etc. it cannot be stacked up along the side of your residence or garage. Mr. Thomas related these types of items would go to the storage/warehouse facility. Ms. Ennis also related concerns of trailers or extra vehicles at the residence, one vehicle with the business name is fine, and multiples in the driveways are not. The City is having a problem with the contractors having a home based business and is trying to get a handle on it, if we are going to continue to allow contractors to work for their homes, we will have to put some limitations on what they can do. We want you to be real careful, other than the fact that a truck being parked in your driveway with the name of your business on it, nobody will know that you are running a business from your residence. Jerry Pate related that we (the City) had not required it in the past, but are considering putting a one year limitation on these types of businesses located in their residence and then you would have to come back before the Council with reasoning as to why you have been unable to get into a regular commercial building. There being no further questions and/or comments, Mayor Penhale entertained a Katherine Ennis made a motion to approve the home occupation license, subject to the one (1) year time frame, will need to come back to City Council before license renewal, if you have not found a business site, and with all stipulations stated in terms of storage on site with a second by Jerry Pate and the following votes were cast: Helena Shell Liquor License Approval 050 Retail Beer (Off Premises ONLY) 070 Retail Table Wine (Off Premises ONLY) Anderson Ngoroge/NJOROGE, Inc. dba Helena Shell was present at the meeting for questions and/or comments.

3 Jerry Pate asked if this was just a transfer of the existing licenses with Anderson replying yes. There being no further questions and/or comments, Mayor Penhale entertained a Jerry Pate made a motion to approve the transfer of the Retail Beer and Retail Table Wine (Off premises ONLY) licenses with a second by Katherine Ennis and the following votes were cast: Lanny Smartt Cahaba Lily Subdivision Preliminary Plat Approval (5 lots Plus Commercial Frontage) with stipulations from the Helena Planning & Zoning Commission meeting 4/26/2007 Lanny Smartt was present at the meeting for any questions and/or comments. Katherine Ennis stated that Mr. Smartt was already aware of her concerns from the P&Z meeting but would like to state them again for the record thereof. Lot 6 (closest to Highway 52 West) is planned to be commercial and Mr. Smartt has ensured her there would be a substantial buffer along the back of this lot, and of course these are very large lots, this should not be an issue but when the residents are spending this type of monies for property to build this type of house, we want to make sure they are protected, plus with our experience recently with the Walgreens site, we want to make sure we don t have to repeat that in terms of there not being enough depth for a reasonable commercial use to appear on. Jerry Pate related to Mr. Smartt as these lots are sold that the purchasers are made aware of this frontage being commercial use. Katherine Ennis stated the commercial needed to be very obviously posted, even on the site itself, proposed commercial or future commercial, so that potential buyers are made aware of this commercial use. We (the City) want to make sure that when you do have a commercial site and when you come back in for site plan approval there will not be a problem for us to approve it, such as adequate space, adequate buffering, etc. Lanny Smartt stated that his Covenants were very thorough, so anyone purchasing a lot will not be able to say they were not aware of this commercial usage on Lot 6. Mayor Penhale asked Lanny Smartt if he was going to try and develop the commercial on this site. Lanny related to Mayor Penhale that he had not as

4 yet made up his mind, will leave as is, does not have plans of selling it or developing it until sewer is available; when that occurs is anyone s guess. Mayor Penhale asked if there were any further questions and/or comments from the Council or audience. George Pickle related to the Mayor and Council that he would like to make sure that the same stipulation from the Planning and Zoning and that was that before construction starts, as far as the development process, that Mr. Smartt gets his construction drawings in with the changes. Mr. Smartt replied that is absolutely no problem and should have the drawings next week. There being no further comments, Mayor Penhale entertained a Jerry Pate made a motion to approve Cahaba Lily Subdivision Preliminary Plat (5 Lots plus Commercial on Frontage) with the stipulations outlined by George Pickle with a second by Barbara Hyche and the following votes were cast: RM Properties LLC Rezone Request from A-1 Agricultural District to E-2 Single Family Estate District with favorable recommendation from the Helena Planning & Zoning Commission Special Called meeting 4/19/2007 (Ordinance R) David Stovall/Civil Consultants, working on this project, was present at the meeting representing Ronnie Morton. Jerry Pate asked if this rezone contained the entire 80 acres. Katherine Ennis advised the legal publication stated containing 80 acres +/-. Peggy Dunaway advised the Mayor and City Council that she had received a letter from Mr. Haffenden s attorney at 4:30 P.M. today, May 7, 2007, from Galloway & Somerville, LLC, each of you have a copy of the letter, with the letter being read aloud (copy becomes part of minutes). Jerry Pate asked if Mr. Haffenden or Suzanne Elder were present. Mayor Penhale advised this rezone was being done by recommendation from our City Attorney, Frank C. Ellis, Jr.

5 Jerry Pate asked Mr. Haffenden where his property was in relation to this request for rezone. Mr. Haffenden related his attorney had advised him not to comment. Katherine Ennis then stated that he could tell Mr. Pate where his property was located in proximity to the property to be rezoned. Mr. Haffenden replied Yes, on Ridgemont. Barbara Hyche stated then it does not adjoin this property and Mr. Haffenden replied it does not, no. Jerry Pate asked if there was anyone else present at the meeting that had property adjacent to this property on County Road 93 that has anything they would like to say, for or against this rezone. There was no one else present at the meeting for or against this rezone. Mayor Penhale again advised this was on the recommendation by our City Attorney, Frank C. Ellis, Jr. and that this rezone had already been approved once and changed in the Council meeting and by advice from Mr. Ellis that the process is repeated, legal republished, adjoining property owners notified, approval process by Planning & Zoning, and City Council approval process. Mayor Penhale advised that everything had been done by the book. There being no further questions and/or comments, Mayor Penhale entertained a Jerry Pate made a motion to approve the Rezone Request from A-1 Agricultural District to E-2 Single Family Estate District (Ordinance R) with a second by Barbara Hyche and the following votes were cast: Ordinance A Annexation LOGAL LLC % Linda Carter (formerly Electric Machine & Control) Hwy 52 West (adjacent to Fire Station #2) Mayor Penhale advised this property was not recorded properly way back when and per the County records is not in Helena City Limits. There being no further comments and/or questions, Mayor Penhale entertained a Jerry Pate made a motion to give immediate consideration to Ordinance A for the annexation of parcel LOGAL LLC with a second by Katherine Ennis and the following votes were cast:

6 Jerry Pate made a motion to adopt Ordinance A Annexation with a second by Barbara Hyche and the following votes were cast: Ordinance A Annexation Dwight C. & Gwendolyn D. Edwards of 3533 Hwy 93 Mayor Penhale and George Pickle advised this was more property on Hwy 52 West, already adjacent to existing Helena city limits (across road from Grace Christian Church). Peggy Dunaway stated this property was off Hwy 52 West and had a Hwy 93 address due to Hwy 93 crossing Hwy 52 West. There being no further questions and/or comments, Mayor Penhale entertained a Katherine Ennis made a motion for immediate consideration of Ordinance A for parcel annexation with a second by Jerry Pate and the following votes were cast: Katherine Ennis made a motion to adopt Ordinance A Annexation with a second by Barbara Hyche and the following votes were cast: Ordinance A Annexation Glen Gate Development situation in the SW ¼ of Section 14, Township 20S, Range 4W, Jefferson County, Alabama, Map Book MB-31/Page 9 as recorded November 21, 1996 Lots 1,2,28,29,30,31,32,33,34,36,38,39,39A,40,41,42,43,44,46,47,48,49,51,52&53 (Less and except Lot 50 of same development)

7 Mayor Penhale related this was a complete subdivision which is located next to Asbury Parc located off South Shades Crest Road. Katherine Ennis asked if the houses were already built. George Pickle replied that his was an existing subdivision and had been talking with the City for over two years about annexing. This is the first part of the development and then the next ordinance you will see the second part of the same development. Jerry Pate made a motion to give immediate consideration to Ordinance A Annexation of Glen Gate Development with a second by Barbara Hyche and the following votes were cast: Jerry Pate made a motion to adopt Ordinance A Annexation of the Glen Gate Development with a second by Barbara Hyche and the following votes were cast: Ordinance A Annexation Resurvey of Glen Gate 2 nd Sector located in the SW ¼ of Section 14, Township 20S, Range 4W, Jefferson County, Alabama as recorded in Map Book 33 Page 96 recorded June 29, 1999 Lots 3,4,5,6,7A,9A,12A,13,14,15,16,17,18,19,20A,22A,24A,25,26&27 Katherine Ennis made a motion to give immediate consideration to Ordinance A Annexation Glen Gate 2 nd Sector with a second by Jerry Pate and the following votes were cast: Katherine Ennis made a motion to adopt Ordinance A Annexation of Glen Gate 2 nd Sector with a second by Jerry Pate and the following votes were cast:

8 John Bredehoft 101 Cedar Bend Drive Home Occupation License Total Plumbing Services, LLC (copy of letter of request becomes part of minutes) Mr. Bredehoft apologized to the Mayor and City Council for being late. Jerry Pate related to Mr. Bredehoft the prior discussion about contractor s and a home occupation license. According to the submittal letter Mr. Bredehoft would like to operate this business for the remainder of 2007 at which time he will be seeking a commercial building for his company. Mr. Pate said that he would like to see this type of business limited to one (1) year and if something should happen that you would be unable to do this, you will need to come back before the City Council for review. There should be no signage, one employee at the residence. Jerry Pate made a motion to approve the home occupation license for John Bredehoft with the stipulations mentioned with a second by Barbara Hyche and the following votes were cast: There being no further business, motion was made by adjourn meeting at 6:33 P.M. Jerry Pate to duly ATTEST: SIGNED: Peggy C. Dunaway City Clerk Charles W. Penhale Mayor