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

The Prattville City Council met in regular session on Tuesday, June 7th 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 Wood gave the invocation.

APPROVAL OF MINUTES: May 17th City Council minutes. Councilman Renegar made the motion to approve the minutes and Councilman Macready seconded the motion. The minutes were approved (7-0).

COMMENTS FROM PERSONS PRESENT:

None.

MAYOR’S REPORT:

Mayor Byard extended his sympathy to the family of Mr. C.O. Bailey, former city employee who passed away and will be buried Wednesday, June 8, 2005.

The Mayor gave updates on the following projects: plans to begin work June 13th on Phase II of the downtown revitalization which encompasses the creek walk; the completion of road work at Shady Oak Lane, with plans to work with Alabama Department of Transportation to make modifications to the guard rails that have been placed near Adell and Huie Streets. Residents have expressed concerns that the guard rails obstruct their view when turning on to East Main Street from these streets; Pro Grass, LLC reported that a sub-contractor will soon have a crew available at Stanley-Jensen Stadium to cut and roll the sod on the football field.

Mayor Byard stated that he and Councilman Renegar flew to Jackson, Mississippi to meet with representatives of the Federal Aviation Administration in an effort to secure federal funds for the Prattville Airport.

He informed those in attendance at the evening’s meeting that he will be leading the walking tour of Prattville’s historic district on Saturday, June 11th.

Mayor Byard congratulated Council President Argo on his reappointment to the Alabama League of Municipalities Executive Committee. He also congratulated him on receiving his Advanced Certified Municipal Official Award.

Regarding the agenda, the Mayor urged council support on item number 5, which deals with a contract between the City of Prattville and Ingenuity, Inc. for website hosting. Ingenuity is a company that will look at the City’s overall utility and telecommunication bills and make recommendations for cost saving measures.

Councilman Renegar asked for an approximate savings to the City by using this company. Webmaster Teresa Lee explained that the City has been paying $1,400.00 per month to VC3, the company which currently hosts our website and provides the work order program. She further stated that with the new company, we will pay a fee of $1,300.00 for 12 consecutive months and at the end of the 12 months, the work order program will be owned by the City. She also stated that if we continued to stay with the current company, it would not allow the City the option to purchase.

Councilman Gillespie commended the Mayor and Councilman Fank for their involvement in seeking the cost saving measures.

COUNCIL REPORTS:

Councilman Renegar invited everyone to attend Tennis Fun Day, which is scheduled for Sunday, June 12th from 2-4 p.m. at Newton Park.

Councilman Macready reported that the Public Safety Committee met and approved agenda item numbers 3, 6, and 7. He further stated that the Annexation Review Committee met and approved of item numbers 1, 10, 11, and 13. He also stated that the Committee disapproved item number 12.

Councilman Argo reminded members of the Council to review the list of city boards and urged them to fill any vacancies or expired terms.

AGENDA

1. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED AT INTERSTATE COURT OFF OF HIGHWAY 14 EAST FROM FAR TO B-2. ORDINANCE BOOK 2005, PAGE 011).

A public hearing was held on this Ordinance earlier this evening. There being no discussion, the vote was called and the Ordinance was adopted with the following results:

2. RESOLUTION: TO DECLARE VARIOUS WEEDED LOTS TO BE A PUBLIC NUISANCE AND ORDERING THEIR ABATEMENT PER §11-67-1 ET.SEQ., OF THE CODE OF ALABAMA, 1975, AS AMENDED.

The Resolution was held from the May 3rd council meeting and a public hearing was held at 6:00 p.m. this evening. City Planner Joel Duke informed the Council that some of the properties named in the Resolution had been cleaned up. The properties that are still in violation are listed as 169 Primrose Drive and the corner lot of Court and Ninth Streets.

During discussion, Councilman Renegar stated that he approves of the Mayor’s recommendation that the Council adopt the Resolution as it was introduced, with the understanding that the City would give property owners 3 weeks to have properties cleared before contracting with a local lawn care service to address the issue.

At this time Council President Argo passed the gavel to President Pro-Tempore Miller and asked to be recognized. Councilman Argo stated that he does not disagree that the properties should be cleaned up. He further stated that he had received numerous calls from residents in his district who are demanding that something be done to rectify the weeded lot issue. He also stated that since it is customary for the Council to grant extensions to property owners, he would ask the Council to hold the Resolution until the first meeting in July. The gavel was passed back.

Councilman Renegar asked if it would be necessary to re-advertise the weeded lots if the decision was made to hold the Resolution. Mr. Duke stated that there would not be a need to re-advertise unless the Resolution fails and has to be introduced again at a later date. Councilman Miller asked Mr. Duke if the properties located at 169 Primrose and the corner of Court and Ninth Streets are considered to be habitual weeded lots and Mr. Duke stated that they are. Councilman Gillespie reiterated the Mayor’s recommendation to pass the Resolution with the administrative decision to allow property owners 3 weeks to clean up.

Councilman Macready stated that the Resolution should not be passed since the agreement is not included in the verbiage.

Councilman Wood made the motion to hold the Resolution for 2 weeks and Councilman Renegar seconded the motion. The Resolution was held until the June 21st meeting (6-1) with Councilman Miller opposed.

3. RESOLUTION: TO GRANT A RESTAURANT RETAIL LIQUOR LICENSE TO WILLIAM POSKE D/B/A OUTBACK STEAKHOUSE. (RESOLUTION BOOK 2005, PAGE 067.)

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

Councilman Macready left the council chambers at 7:39 p.m. and returned at 7:40 p.m.

4. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH WILLIAM BARRY ROBINSON, ARCHITECT FOR DESIGN, BID DOCUMENTS, AND CONSTRUCTION INSPECTION ON THE PRATTVILLE BOYS AND GIRLS CLUB GYMNASIUM. (RESOLUTION BOOK 2005, PAGE 068).

Councilman Renegar made the motion to adopt the Resolution and Councilman Wood seconded the motion. During discussion, Finance Director Mac Champion informed the Council that grant funds had been received for this project. The vote was called and the Resolution was adopted with the following results:

5. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH INGENUITY, INC. TO HELP DEVELOP A NEW WEBSITE (RESOLUTION BOOK 2005, PAGE 069).

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

6. RESOLUTION: TO ISSUE AN OFF PREMISE RETAIL BEER AND WINE LICENSE TO DEAN AHRENDT, D/B/A ROADMASTER FOOD STORES #201. (RESOLUTION BOOK 2005, PAGE 070).

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

7. RESOLUTION: TO ISSUE AN OFF PREMISE RETAIL BEER AND WINE LICENSE TO DEAN AHRENDT, D/B/A ROADMASTER FOOD STORES #202. (RESOLUTION BOOK 2005, PAGE 071).

Councilman Macready made the motion to adopt the Resolution and Councilman Miller seconded the motion. During discussion, Councilman Macready asked if anyone associated with the store was in attendance. The managers of store numbers 201 and 202 were present. Councilman Miller thanked them for cleaning up the grounds of the BP Station located at Greystone Drive and East Main Street. Councilman Argo thanked them for their show of respect by attending the evening’s meeting. There being no further discussion, the vote was called and the Resolution was adopted with the following results:

Ordinance Book 2000, Page 012, To Set Council Procedures, specifies in Section 22 that all ordinances, resolutions or propositions submitted to the council which require the expenditure of money shall lie over until the next meeting; provided further, that this rule shall not apply to the current expenses of, or contracts previously made with, or regular salaries of officers, or wages of employees. Therefore, it is necessary to suspend the rules on agenda item number 8.

Councilman Wood left the council chambers at 7:45 p.m. and returned at 7:46 p.m.

8. RESOLUTION: TO AWARD BID NO. 05-022 FOR THE PURCHASE OF DIVE SUITS AND ACCESSORIES. (RESOLUTION BOOK 2005, PAGE 072).

Councilman Miller made the motion to adopt the Resolution and Councilman Macready seconded the motion. Councilman Macready made the motion to suspend the rules and Councilman Miller seconded the motion. The rules were suspended (7-0). There being no discussion, the Resolution was adopted with the following vote:

9. RESOLUTION: TO RE-APPOINT JAMES CROSBY AS AN ALTERNATE MEMBER OF THE BOARD OF ZONING ADJUSTMENT. (RESOLUTION BOOK 2005, PAGE 072).

Councilman Wood made the motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Argo clarified that the alternate member of the board attends zoning meetings to make a quorum.

Regarding item numbers 10, 11, 12, and 13, the following information must be considered because Ordinances are generally held for 2 weeks. It is necessary for the council rules to be suspended if immediate action is to be taken.

10. ORDINANCE: PETITION FOR ANNEXATION FOR 8.3 ACRES ON SELMA HIGHWAY JUST SOUTH OF U.S. HWY. 82 BY PRATT CORNER, LLC.

Councilman Fank made the motion to adopt the Ordinance and Councilman Gillespie seconded the motion. By point of order the Ordinance was held for 2 weeks.

11. ORDINANCE: PETITION FOR ANNEXATION FOR 40 ACRES ON DURDEN ROAD BY BENNY AND BECKY STINSON.

Councilman Gillespie made the motion to adopt the Ordinance and Councilman Fank seconded the motion. Councilman Macready made the motion to suspend the rules and Councilman Fank seconded the motion. During discussion, Councilman Miller questioned the difference between this annexation and the one that is listed as agenda item number 10, which was held by point of order. Councilman Macready stated that he is not in favor of holding items that could be passed.

The vote to suspend the rules failed (6-1) with Councilman Renegar opposed. The Ordinance was held until June 21st.

12. ORDINANCE: PETITION FOR ANNEXATION FOR 7 ACRES ON AUTAUGA COUNTY ROAD 39 BY MANNING & FELIO, INC.

Councilman Miller made the motion to adopt the Ordinance and Councilman Wood seconded the motion. During discussion, Councilman Macready questioned if the Ordinance had not been seconded would it have failed? Councilman Argo responded by saying yes. Councilman Macready reminded members of the Council that the Annexation Review Committee did not approve this petition for annexation. By point of order the Ordinance was held for 2 weeks.

13. ORDINANCE: PETITION FOR ANNEXATION AT 1402 COUNTY ROAD 85 BY JAMES E. NELSON.

Councilman Fank made the motion to adopt the Ordinance and Councilman Gillespie seconded the motion. Councilman Macready made the motion to suspend the rules and Councilman Fank seconded the motion. The rules were not suspended (6-1) with Councilman Argo opposed. By point of order the Ordinance was held for 2 weeks.

14. RESOLUTION: TO GRANT A TIME EXTENSION TO REPAIR STRUCTURE AT 909 PEAGLER STREET BY HAZELL ANDERSON. (RESOLUTION BOOK 2005, PAGE 074).

Councilman Wood made the motion to adopt the Resolution and Councilman Gillespie seconded the motion. During discussion, Councilman Renegar asked Mr. Duke why the City would allow the property owner a six month extension. Mr. Duke stated that the building would have to be reconstructed. Mr. Duke agreed that six months was a fair amount of time and reiterated the verbiage in the Resolution that states that there will be multiple deadlines for the property owner to comply with. Councilman Wood stated that because the property owner is trying to reconstruct the home rather than demolish it, he had no opposition to the six month extension. There being no further discussion, the Resolution was adopted with the following vote:

15. RESOLUTION: TO GRANT A TIME EXTENSION TO REPAIR STRUCTURES AT 685 AND 687 DOSTER ROAD BY SYLVIA BRANTLEY. (RESOLUTION BOOK 2005, PAGE 075).

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

16. RESOLUTION: TO RE-APPOINT JOHN GILLIAN TO THE BOARD OF ZONING ADJUSTMENT. (RESOLUTION BOOK 2005, PAGE 076).

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

CLOSING COMMENTS:

Councilman Miller asked members of the Fire Committee to check their calendars for a meeting to be scheduled on June 21st of 22nd at 7:00 a.m.

Councilman Renegar reminded everyone of the annual Boys and Girls Club golf tournament scheduled for June 16th at 2:00 p.m. at Robert Trent Jones Golf Trail. He also informed those in attendance that the delay in renovations to Stanley-Jensen Stadium were due to a problem with a sub-contractor. The problem has been resolved and work should begin on the football field Wednesday, June 8th.

ADJOURN:

There being no further business to come before the Council, Councilman Macready made the motion to adjourn and the motion was seconded. The meeting closed at 8:10 p.m.

APPROVED:

______________________
Gina P. Smith
City Clerk

______________________
Dean R. Argo, President
Prattville City Council