CITY COUNCIL MINUTES
TUESDAY, OCTOBER 5, 2004
7:00 P.M.

The Prattville City Council met in regular session on Tuesday, October 5, 2004 at 7:00 p.m. in the Council Chambers at City Hall. Roll was called and all were recorded as being present. After the Pledge of Allegiance to the American Flag, Council President Argo gave the invocation.

APPROVAL OF MINUTES: September 21st City Council Minutes and October 4th Organizational Meeting Minutes.
Councilman Macready made the motion to approve the minutes and Councilman Wood seconded the motion. Councilman Miller commended the City Clerk’s office on the accuracy and promptness of its minute taking procedure. The minutes were approved (7-0).

COMMENTS FROM PERSONS PRESENT:

Mr. Bob Lee, 112 Quail Run, Prattville, AL 36067, appeared before the Council to congratulate new members of the Council as well as returning members.

MAYOR’S REPORT:

Mayor Byard congratulated Councilman Argo on his return as President of the City Council and Councilman Miller on his election as Council President Pro- Tempore.

The Mayor reminded those in attendance that in an effort to clean up after Hurricane Ivan, the Sanitation Department continues to work until dark Monday thru Friday and on Saturday. Councilman Miller commended the Mayor for not having sanitation department employees working on Sunday.

Mayor Byard reported that budget hearings had been held with department heads and stated his intentions to present the FY 2004-2005 budget at the October 19, 2004 council meeting.

COUNCIL REPORTS:

None.

AGENDA ITEMS

1. RESOLUTION: TO GRANT A RESTAURANT RETAIL LIQUOR LICENSE TO LIA AND MARK MUIR,LLC, D/B/A THE DAILY GRIND. (RESOLUTION BOOK 2004, PAGE 081).

A public hearing was held on the application request at 6:00 p.m. this evening. Councilman Macready made the motion to adopt the Resolution and Councilman Renegar seconded the motion. During discussion, Councilman Macready stated that the previous Public Safety Committee met regarding this application and found no opposition to it. The vote was called and the Resolution was adopted with the following results:

2. ORDINANCE: REQUEST TO REZONE FOR A PLANNED UNIT DEVELOPMENT PROPOERTY LOCATED OFF OF COBBS FORD ROAD AND ALABAMA 6. (ORDINANCE BOOK 2004, PAGE 017).

The Ordinance was held from the September 7th council meeting and a public hearing was held on it at 6:00 p.m. this evening. Councilman Renegar made the motion to amend the Ordinance on line 20 to read “from FAR, Forest, Agriculture, Recreation to PUD, Planned Unit Development.” and to amend line 21 to include the verbiage “That the development agreement recommended by the Planning Commission is affirmed and approved as the agreement governing the zoning of Home Place Subdivision.” Councilman Macready seconded the motion. The Ordinance was amended (7-0).
City Planner Joel Duke stated that Mr. Clyde Chambliss of Chambliss Engineering brought forth some additional changes referred to as “Attachment C” to the proposed Ordinance just prior to this evening’s meeting. Mr. Chambliss stated that these changes would allow the homeowners’ association to maintain the park area. By doing so, this would give control to the association as to who may use the park and a method of handling problems that may arise. Mr. Duke informed the Council that these changes had not been presented to the Planning Commission on August 7, 2004. Councilman Wood questioned Mr. Chambliss if there was anything prohibiting citizens from using the park and Mr. Chambliss stated that there would not be.

Councilman Renegar made the motion to amend the Ordinance to include “Attachment C”, which is made a part of the minutes and a copy on record in the minute book. Councilman Wood seconded the motion. The Ordinance was amended (7-0). The vote to adopt the Ordinance was called and it was adopted as amended with the following results:

3. ORDINANCE: REQUIRING CLEANUP OF ANIMAL WASTE.

The Ordinance was held from the September 21st council meeting. There being no discussion, Councilman Renegar called for the division of the house. The Ordinance failed with the following vote:

4. RESOLUTION. TO NAME VOTING DELEGATE AND ALTERNATES FOR THE NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING IN INDIANAPOLIS, INDIANA. (RESOLUTION BOOK 2004, PAGE 082).

Councilman Wood introduced the Resolution and made the motion to amend it to include the Mayor as voting delegate, Councilman Argo as first alternate and Councilman Miller as second alternate. Councilman Gillespie seconded the motion. The Resolution was amended (7-0). The amended Resolution was adopted with the following results:

5. RESOLUTION: TO APPOINT COUNCILMAN NATHAN D. FANK TO THE CITY COUNCIL POSITION ON THE CITY OF PRATTVILLE PLANNING COMMISSION.(RESOLUTION BOOK 2004, PAGE 083).

Councilman Miller introduced the Resolution from the floor and made a motion to adopt it. Councilman Renegar seconded the motion. Because the Resolution was brought from the floor and did not appear on the Council agenda, it was necessary to suspend the council rules. Councilman Macready made the motion to suspend the rules and Councilman Wood seconded the motion. The rules were suspended (7-0). The vote to adopt the Resolution was called and the results were as follows:

At 8:00 p.m. Councilman Renegar made a motion to go in to executive session and Councilman Fank seconded the motion.

At 8:25 p.m. Councilman Renegar made the motion to go back in to regular session and Councilman Miller seconded the motion.

It is necessary for the Council to go into executive session with the City Attorney to discuss legal matters involving the good name and character of a person.

CLOSING COMMENTS:

Mayor Byard reminded members of the Council of Media Day regarding the Nationwide Golf Tournament, which is to be held at Robert Trent Jones on Thursday, October 7, 2004.

Councilman Argo encouraged everyone to attend the Autauga County Junior Miss, which is scheduled for Saturday, October 9, 2004. He also reminded the Council that the work session scheduled for October 12th had been canceled.

ADJOURN:

There being no further business to come before the Council, Councilman Macready made the motion to adjourn and Councilman Fank seconded the motion. The meeting closed at 8:30 p.m.

APPROVED:

______________________
Gina P. Smith
City Clerk

______________________
Dean R. Argo, President
Prattville City Council