2005-04-05 City Council Meeting PDF Print E-mail

CITY COUNCIL MINUTES
TUESDAY, APRIL 5, 2005
7:00 P.M.

The Prattville City Council met in regular session on Tuesday, April 5th 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, Councilman Argo gave the invocation.

APPROVAL OF MINUTES: March 28th Public Hearing and March 17th and March 31st City Council Minutes.

Councilman Macready made the motion to approve the minutes and Councilman Gillespie seconded the motion. The minutes were approved (7-0).

COMMENTS FROM PERSONS PRESENT:

Bob Lee, 112 Quail Run, Prattville, AL 36067, appeared before the Council with a recommendation that the following be discussed during a council work session: Code of Ethics for City of Prattville; Joint City/County Planning Department; Consideration of joining with another County to have a local landfill, which would save money and alleviate the need to haul trash to another county.

George Allison, 217 Kay Street, Prattville, AL 36067, appeared before the Council to urge them to use caution if consideration is given to privatize garbage/trash pick up.

Pam Bryant, 1201 Jamestown Drive, Prattville, AL 36067, and Linda Mefford, Director of the Autauga County Humane Shelter, appeared before the Council to present the Shelter’s quarterly report. Ms. Bryant and Ms. Mefford reiterated that the Shelter is always in need of volunteers and contributions. Regarding the current mortgage on the Shelter, they informed the Council that they are currently studying different ways to convert their loan into a conventional loan, that will be in its best interest.

Ms. Bryant and Ms. Mefford also informed the Council that shelter employees do not have benefits such as sick/vacation leave, or health insurance. Their goal is to find a way to offer such benefits to the employees.

Councilmembers thanked Ms. Bryant and Ms. Mefford for providing the report and commended them on their continued efforts to improve the Humane Shelter.

MAYOR’S REPORT:

Mayor Byard asked for council support on the following items which are to be brought from the floor: Resolution to proclaim the existence of a local emergency due to recent heavy rains, wind and flooding that caused damage to Billingsley High School, a sink hole on Golson Road and a large sink hole on Cobbs Ford Road; Resolution to authorize the Mayor to enter into a contract for services with Fountain City BMX Association, Inc. to operate a BMX park. Issues regarding general liability insurance have been resolved; Resolution regarding petition for vacation of vacant sanitary sewer easement platted with McCala Plat #1. The Mayor explained that there is no need for that particular sewer easement.

The Mayor asked the Council to consider a renovation committee for Stanley- Jensen Stadium. He reminded the Council that the committee would not make design decisions, but would assist in promotions and fundraisers.

Regarding the BMX Park, Councilman Miller asked for the location. Mayor Byard stated that it would be located near the David D. Whetstone Baseball Complex.

Councilman Wood was interested in the length of the contract and Mayor Byard stated that it was a 1- year renewable contract.

Councilman Argo informed Mayor Byard that he had received numerous phone calls and e-mails from constituents who were interested in the status of the relocation of Old Farm Lane into McQueen Smith Road. City Planner Joel Duke responded by stating that a preliminary plat was scheduled to go before the Prattville Planning Commission on Thursday, April 7th.

COUNCIL REPORTS:

Councilman Renegar reported that the Leisure Services Committee met on Monday, April 5th to discuss alternate plans for the renovation of Stanley-Jensen Stadium.

Councilman Macready reported that the Public Safety Committee met.

Councilman Argo reported that the Finance Committee met prior to the 6:00 p.m. public hearing this evening and it approved of agenda item number 1, which deals with the repeal of and substitution of City Code Chapters 5, 10, and 16.

AGENDA

1. ORDINANCE: TO REPEAL EXISTING CHAPTERS 5, 10, AND 16 OF THE CODE OF ORDINANCES OF THE CITY OF PRATTVILLE AND SUBSTITUTE WITH NEW CHAPTERS 5, 10, AND 16 OF THE CODE OF ORDINANCES OF THE CITY OF PRATTVILLE.

A public hearing was held at 6:00 p.m. this evening. Councilman Renegar made a motion to adopt the Ordinance and Councilman Wood seconded the motion. Councilman Wood made the motion to suspend council rules and the motion failed for lack of a second. The Ordinance was held for 2 weeks.

2. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED OFF OF OLD RIDGE ROAD AND U.S. INTERSTATE 65 FROM FAR TO B-2. (ORDINANCE BOOK 2005, PAGE 007).

The Ordinance was held from the March 1st council meeting. During discussion, Councilman Miller made a motion to amend line 2 of the legal description to include the following verbiage: “That certain strip of property 100’ in width running along the west right of way of Interstate 65 the length of the below described property.” Councilman Macready seconded the motion to amend. All were in favor of the amendment (7-0). The vote to adopt the Ordinance was called and the results were as follows:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

3. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED AT 1137 EAST MAIN STREET FROM R-2 TO O-1. (ORDINANCE BOOK 2005, PAGE 008.)

The Ordinance was held from the March 1st council meeting. There being no discussion, the Ordinance was adopted with the following vote:

AYES: GILLESPIE, WOOD, MILLER, ARGO, MACREADY, FANK 6
NAYS: RENEGAR 1
ABSTAINED: NONE 0
ABSENT: NONE 0

4. RESOLUTION: TO GRANT A RESTAURANT RETAIL LIQUOR LICENSE TO DAH HING, INC. D/B/A DING HOW CHINESE BUFFET. (RESOLUTION BOOK 2005, PAGE 043).

Councilman Macready made the motion to adopt the Resolution and Councilman Gillespie seconded the motion. During discussion, Councilman Macready stated that the Public Safety Committee met and recommended the approval of the application. Councilman Argo clarified that the new restaurant location would be where Lazy Dawgz Grill had previously been. There being no further discussion, the Resolution was adopted with the following results:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

5. RESOLUTION: TO NAME VOTING DELEGATE AND ALTERNATES FOR THE ALABAMA LEAGUE OF MUNICIPALITIES CONVENTION IN HUNTSVILLE. (RESOLUTION BOOK 2005, PAGE 044).

Councilman Fank made the motion to adopt the Resolution and Councilman Macready seconded the motion. During discussion, Councilman Fank made the motion to amend line 20 to read “2005” instead of “2004”. Councilman Miller seconded the motion to amend. The Resolution was amended (7-0). The amended Resolution was adopted with the following vote:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

6. RESOLUTION: TO APPOINT MR. JIM DAVIS TO THE MONTGOMERY AREA MENTAL HEALTH AUTHORITY. (RESOLUTION BOOK 2005, PAGE 045).

Councilman Fank made the motion to adopt the Resolution and Councilman Macready seconded the motion. There being no discussion, the Resolution was adopted with the following results:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

7. RESOLUTION: TO AUTHORIZE THE MAYOR THE ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LOSE AND ASSOCIATES, INC. FOR MASTER PLAN FOR MAC GRAY PARK. (RESOLUTION BOOK 2005, PAGE 046).

Councilman Miller made the motion to adopt the Resolution and Councilman Renegar seconded the motion. Councilman Miller made the motion to suspend the rules and Councilman Fank seconded the motion. All were in favor of suspending the rules (7-0). There being no discussion, the Resolution was adopted with the following vote:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

8. RESOLUTION: TO APPOINT MEMBERS TO THE CITY OF PRATTVILLE HISTORIC PRESERVATION COMMISSION IN ACCORDANCE WITH CODE OF ALABAMA, 1975 AS AMENDED, 11- 68-3(b)-11-68-3(c). (RESOLUTION BOOK 2005, PAGE 047).

Councilman Gillespie made the motion to adopt the Resolution and Councilman Fank seconded the motion. The Resolution was adopted with the following results:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

9. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT FOR SERVICES WITH FOUNTAIN CITY BMX ASSOCIATION, INC. TO RUN A BMX PARK. (RESOLUTION BOOK 2005, PAGE 048).

Councilman Renegar made the motion to move the Resolution from the table and Councilman Gillespie seconded the motion. All were in favor of removing the Resolution from the table (7-0). During discussion, Councilman Renegar congratulated Mr. Monk on the success of his endeavors regarding the BMX Park.

Councilman Miller asked what the cost of the Park would be to the City. Mayor Byard stated that the City provided the property and the Association has done all of the work to ready the Park for activities. The Park will not cost the City of Prattville any money. There being no further discussion, the Resolution was adopted with the following vote:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

10. RESOLUTION: TO PROCLAIM THE EXISTENCE OF A LOCAL EMERGENCY. (RESOLUTION BOOK 2005, PAGE 049).

Councilman Macready introduced the Resolution from the floor and made the motion to adopt it. Councilman Fank seconded the motion. Councilman Macready made the motion to suspend the rules and Councilman Fank seconded the motion. All were in favor of suspending the rules (7-0). There being no further discussion, the Resolution was adopted with the following vote:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

11. RESOLUTION: PETITION FOR VACATION OF VACANT SANITARY SEWER EASEMENT PLATTED WITH MCCALA PLAT #1. (RESOLUTION BOOK 2005, PAGE 050).

Councilman Miller introduced the Resolution from the floor and made the motion to adopt it. Councilman Renegar seconded the motion. Councilman Macready made the motion to suspend the rules and Councilman Wood seconded the motion. All were in favor of suspending the rules (7-0). As a point of information, Councilman Miller honored Mr. Horace Powell’s request to approach the Council. Mr. Powell stated that he would not oppose the Resolution since he had been assured by members of the Council and by the Mayor that his property would not be adversely impacted. Mayor Byard reiterated that if this sewer easement is
not vacated, there will not be an agreement with Mr. Patel. Mr. Patel owns property in the same vicinity and intends to build a business pending the vacation of the sewer easement. There being no further discussion, the Resolution was adopted with the following results:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, MACREADY, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

CLOSING COMMENTS:

Councilman Miller called a Fire Committee meeting for April 18th at 7:00 a.m.

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

 
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