MINUTES OF THE JULY COUNCIL MEETING

 STATE OF TENNESSEE                    CITY OF LEWISBURG          COUNTY OF MARSHALL                     JULY 10, 2007

The Lewisburg City Council met for their regularly scheduled monthly meeting on Tuesday, July 10, 2007, 6:00 p.m. at Lewisburg City Hall, 131 East Church Street, Lewisburg, Tennessee.

Those present and attending were:  Mayor Bob Phillips, City Manager Eddie Fuller, City Treasurer/Recorder Connie W. Edde, City Attorney Bill Haywood, City Councilmen Quinn Brandon, Hershel Davis, Robin Minor, and Phil Sanders.

Members Absent:  Councilman Elvin White

Mayor Phillips called the meeting to order.

The Invocation was given by Police Chief Doug Alexander and the audience led the Pledge of Allegiance.

Item 1.  Announcements

Mayor Phillips announced the following:

   a. Mary Davis, who will be celebrating her 100^th birthday on July 12^th, was presented with a Resolution declaring July 12^th “Mary Davis Day” in Lewisburg.

   b. Condolences were given to the family of Chad Welch, grandson of Phil and Jerre Sanders.

   c.Congratulations were given to David Sanders, son of Phil and Jerre Sanders, as being selected as Citizen of the Year.

   d. Congratulations to Carolanne Jolly, Miss Marshall County 2007.

   e. Congratulations to Lee Bowles, winner of women’s division of 4^th of July Run.

    f.  A special Thank You was given to all involved in making the 4^th of July celebration at Rock Creek Park a success.

   g. Congratulations to the Marshall County 9-10 year old Little League girls, and the 11-12 year old boys in making it to the state tournament.

Item 2.  Approval of the Minutes

Motion was made by Councilman Brandon, seconded by Councilman Davis, to approve the minutes of the special call meetings of June 5 and June19th and the public hearing and regular scheduled meeting of June 12, 2007.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

Item 3.  Approval of the Bills and Financial Statement

Motion was made by Councilman Davis, seconded by Councilman Brandon, to approve the payment of the June 2007 bills and the May 2007 Financial Statement.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

Item 4.  Citizen Input

1.  Toby Adams thanked the City for street maintenance and removal of graffiti.

Item 5.  Unfinished Business

5A) Final Reading of Ordinance 07-04

Motion was made by Councilman Sanders, seconded by Councilman Mitchell, to approve final reading of Ordinance 07-04.  This ordinance sets the tax rate ($1.35.84) and approves the budget for fiscal year 2007-2008.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

5B) Final Reading of Ordinance 07-05

Motion was made by Councilman Minor, seconded by Councilman Sanders, to approve final reading of Ordinance 07-05.  This ordinance closes alleys lying South of West Commerce and West of Third Avenue South.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

5C) Second Reading of Ordinance 07-06

Motion was made by Councilman Davis, seconded by Councilman Brandon, to approve second reading of Ordinance 07-06, an ordinance amending the municipal code pertaining to flood damage prevention.  A public hearing was held prior to this meeting with no public comments or opinions.

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

Item 6.  New Business

6A. Barbara Woods Addresses Council

Barbara Woods complimented the City in keeping the community a desirable place to live. With this in mind, Ms. Woods expressed a desire to have the City create a plan for recycling. 

Councilman Brandon questioned whether there may be grants available to assist in cost of recycling.  Mayor Phillips suggested a committee be formed to collect data on cost and means of a recycling program.  

6B) First Reading of Ordinance 07-07

Motion to approve first reading of Ordinance 07-07 was made by Councilman Brandon, seconded by Councilman Minor.  The ordinance will annex and zone to “PUD” (Planned Unit Development) property located East of US 431 and North of Ewing Lane.  Owners Helen and Jack Goodman plan to develop the property for single family dwellings and possible a number of condo units.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

6C) TML Grant Program Approval

Motion was made by Councilman Minor, seconded by Councilman Brandon, to approve a resolution that will allow the City to apply for a grant (50/50) through Tennessee Municipal League.  The money received will aid in the purchase of safety equipment. Maximum grant amount is $2,000.  Upon a roll call vote: 

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

6D) Lewisburg Gas Loan Documents Program

Motion was made by Councilman Sanders, seconded by Councilman Brandon, to allow the Manager and Chairman of the Board of Lewisburg Gas Department to sign requests for loan documents in lieu of the Mayor and City Treasurer.   The documents in question pertain to a loan that was obtained for gas line extension on Highway 373.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

6E) First Reading of Ordinance 07-08

Motion was made by Councilman Minor, seconded by Councilman Sanders, to approve first reading of Ordinance 07-08, an ordinance amending the municipal code (Ordinance 05-04) pertaining to pit bull dogs. 

City Attorney Bill Haywood explained presently the ordinance does not allow a resident to receive ownership of a pit bull dog unless the dog was registered at the time of adoption of the ordinance.  This basically means no new dogs are to be brought into the City Limits.  This amendment will delete this restriction.  Also, offspring born of pit bull dogs were to be removed from the City within six (6) weeks of the birth.  This also will be deleted. Upon a roll call vote:

Councilman Brandon - Abstained      Councilman Sanders - Aye     Councilman Davis - Aye                     Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  3 – 0

6F) Purchase of Property Located at 603 1^st Avenue North

Motion was made by Councilman Brandon, seconded by Councilman Minor, to allow purchase of property located on 1^st Avenue North at $40,000.  With the property being located near Rock Creek Park, the owners have offered to sell the property to the City.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

6G) First Reading of Ordinance 07-09

Motion was made by Councilman Davis, seconded by Councilman Brandon, to approve first reading of Ordinance 07-09.  This ordinance will amend the Municipal Code pertaining to purchasing.  Currently, the Charter allows up to $3,500 for purchases without public notice and the bid process.  Under State law, the maximum amount allowed is $10,000.  The City’s utilities are requesting their limit be raised to $10,000 due to purchases needed immediately.  Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Nay

Motion Passed:  3 – 0

6H) Deferred to Last Item of Agenda

6I) Discuss Slum Law

Councilman Brandon addressed the Slum Law.  If the City declares a property condemned and has demolition cost, the City can be compensated by putting liens on that property according to the law.  City Attorney Bill Haywood was asked to produce an ordinance for this item.

6J) Councilman Brandon suggested the Council consider updating the City Charter.  This will be discussed during a workshop that will be held on July 24.

6K) Councilman Brandon stated Pat Morgan, Lewisburg Gas Superintendent, has requested the Council consider supplying gas to residents (areas already having lines installed) outside the city limits.  This will be discussed further at the workshop to be held on July 24.

6H) Fern Greenbank Addresses Council

Motion was made by Councilman Brandon, seconded by Councilman Sanders, to compensate Fern Greenbank in the amount of $2,941.00.  Ms. Greenbank addressed the Council concerning her company producing a magazine for the 2006 Goats Music and More Festival.  Under unforeseen circumstances, the project caused a loss for the company.  With this project being specifically for the Goats, Music and More Festival, Ms. Greenbank asked for compensation.    Upon a roll call vote:

Councilman Brandon - Aye           Councilman Sanders - Aye     Councilman Davis - Aye                Councilman White - Absent    Councilman Minor - Aye

Motion Passed:  4 – 0

Item 7. Other Business

            None

There being no further business to come before the Council, the regular monthly meeting of the Mayor and Council for the City of Lewisburg adjourned at 7:35 p.m.