| 2005-09-06 City Council Meeting |  |  |  |
 CITY COUNCIL MINUTES The Prattville City Council met in regular session on Tuesday, September 6th at 7:00 p.m. in the Council Chambers at City Hall. Roll was called and Councilman Macready was recorded as being absent. After the pledge of allegiance to the American Flag, Council President Argo gave the invocation. APPROVAL OF MINUTES: August 16th City Council Minutes and August 30th Special Session Minutes. Councilman Miller made the motion to approve the minutes and Councilman Gillespie seconded the motion. The minutes were approved (6-0). COMMENTS FROM PERSONS PRESENT: Mr. Gene Hall, 206 Stewart Street, Prattville, AL 36067, appeared before the Council as manager of the Autauga County Fair Association to request support on Resolution Number 5. Councilman Argo stated that in past years the City Council has waived the license fee for the Fair Association because they put money back into the community. Councilman Miller asked Mr. Hall what the building on the fair grounds is being used for. Mr. Hall stated that it is used by the Prattville Junior High Wrestling Team and a local karate class. Councilman Argo informed Mr. Hall that he was aware of his brother’s declining health and offered prayer for him and his family. Robert Regan, 100 McQueen Smith Road, Prattville, AL 36066, appeared before the Council as a representative of Outback Steakhouse to inquire about the process for initiating the sale of draft beer. Councilman Argo stated that a Resolution requesting State Representative Mac Gipson to seek legislation during the next legislative session would have to be passed by the Council. Councilman Argo further recommended that Mr. Regan meet with the Public Safety Committee to discuss the particulars. Councilman Miller inquired as to the overall status of Outback’s business. Mr. Regan stated that their restaurant had been well received by the citizens of Prattville. During the months of July and August, they had done more business than they had anticipated. Mr. John Dozier, 188 Ridgewood Road, Prattville, AL 36067, came before the City Council to thank them, as well as the Department of Leisure Services and the Sanitation Department, for their assistance in preparing the roadways and North Highland Park for the school reunion that was held at North Highland Memorial Hall in late July. MAYOR’S REPORT: Mayor Byard announced the opening of the Prattville Baptist Long Term Shelter for Hurricane Katrina evacuees. The shelter will be run by Mr. Jake Bennett. The Mayor thanked the City’s IT Department for getting phones and computer lines working at the facility. He also thanked the Sanitation Department employees who worked over the weekend to haul off loads of trash from the facility, which had been closed for a number of years. Mayor Byard mentioned the Prattville Fire Department Swift Water Rescue Team, which was deployed to South Alabama and Mississippi following Hurricane Katrina. Two Prattville Police Officers accompanied the rescue team. The Mayor expressed his sympathy to David D. Whetstone Baseball Complex Manager Summer Ammons, whose father passed away on Sunday and was buried today in Troy. Mayor Byard stated that Councilman Macready was absent from the evening’s meeting due to a hospital stay in Birmingham. Councilman Macready is recovering from kidney surgery. The Mayor reminded members of the Council of the meeting regarding the Open Meeting Law, which is scheduled for Thursday, September 8th at 10:00 a.m. in the council chambers. Mayor Byard encouraged members of the Council to participate in the Life South Blood Drive on September 14th and to go by Lowe’s in Prattville to contribute to the Red Cross for Hurricane Katrina victims. Regarding the evening’s agenda, the Mayor asked for council support on Resolution numbers 7 and 10, Ordinance number 4 and an Ordinance that will be introduced from the floor. Mayor Byard congratulated Councilman Wood on his graduation from Leadership Alabama. He also congratulated Council President Argo for his acceptance to the Leadership Alabama Class of 2006. COUNCIL REPORTS: Council President Argo stated that the Public Safety Committee had not met because of Councilman Macready’s absence regarding Resolution numbers 2, 3 and 6. He further stated that he had personally spoken with Councilman Macready regarding these items who found no problem with them. AGENDA 1. 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. (RESOLUTION BOOK 2005, PAGE 100). Councilman Miller made the motion to adopt the Resolution and Councilman Fank seconded the motion. During discussion, City Planner Joel Duke stated that the cost of professional lawn service is put back on the property owner in the form of a lien. In some instances the money is recouped at the time property may be sold on the courthouse steps. Mr. Duke also clarified that the code violation includes front and back yards of properties. There being no further discussion, the Resolution was adopted with the following results:
2. RESOLUTION: TO GRANT A LOUNGE, CLASS II PACKAGE STORE LICENSE FOR MICHAEL S. MOORE, JR., D/B/A PARTY TYME ON 82. (RESOLUTION BOOK 2005, PAGE 101). Councilman Gillespie made a motion to adopt the Resolution and Councilman Fank seconded the motion. A public hearing was held at 6:00 p.m. this evening with no one appearing in opposition to the Resolution. There being no discussion, the Resolution was adopted with the following vote:
3. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR LICENSE CLASS I TO MICHAEL S. MOORE, JR. D/B/A MIKE’S TAVERN. (RESOLUTION BOOK 2005, PAGE 102). Councilman Fank made the motion to adopt the Resolution and Councilman Gillespie seconded the motion. A public hearing was held at 6:00 p.m. this evening with no one appearing in opposition to the Resolution. During discussion, Councilman Renegar stated that he was unable to attend the public hearing and questioned if anyone had appeared in favor of the Resolution. Councilman Argo stated that the owner of the business was in attendance. The Resolution was adopted with the following vote:
4. ORDINANCE: TO DECLARE PROPERTY LOCATED ON EASY STREET SURPLUS. (ORDINANCE BOOK 2005, PAGE 015). Councilman Wood made the motion to adopt the Ordinance and Councilman Gillespie seconded the motion. Because Ordinances are generally held for two weeks, it is necessary for the rules to be suspended if immediate action is to be taken. Councilman Wood made the motion to suspend the rules and Councilman Gillespie seconded the motion. The rules were suspended (6-0). During discussion, Councilman Wood stated that this particular property is too small to build on but that the person who is interested in purchasing it also wants to buy the adjacent property that currently has a dilapidated structure on it. The potential buyer plans to build a home on the two lots. Councilman Miller asked how the City determines how to sell a piece a property such as this. He also inquired as to how we avoid speculation of partiality to any one person. City Attorney David McDowell stated that this is the only person who has showed an interest in the property. He further stated that if this had been a large piece of property, the City would have been obligated to advertise it for the public to have an opportunity to bid on it. There being no further discussion, the Ordinance was adopted with the following results:
5. RESOLUTION: TO WAIVE LICENSE FEE FOR THE AUTAUGA COUNTY FAIR ASSOCIATION. (RESOLUTION BOOK 2005, PAGE 103). Councilman Renegar made the motion to adopt the Resolution and Councilman Wood seconded the motion. During discussion, Councilman Argo reminded the Council that because so much of the money raised at the fair is put back in to the community, the fee has always been waived. The Resolution was adopted with the following results:
6. RESOLUTION: TO SET A PUBLIC HEARING TO GRANT A RETAIL BEER AND WINE LICENSE, ON-PREMISE ONLY TO LAN KUEN LAM & MAN FONG LAM D/B/A TASTE GOOD. (RESOLUTION BOOK 2005, PAGE 104). Councilman Gillespie made a motion to adopt the Resolution and Councilman Fank seconded the motion. There being no discussion, the Resolution was adopted with the following results:
7. RESOLUTION: ASKING ALABAMA STATE LEGISLATURE TO NAME ALABAMA STATE ROUTE 14 BRIDGE IN DOWNTOWN PRATTVILLE FOR FORMER MAYOR C. GRAY PRICE. (RESOLUTION BOOK 2005, PAGE 105). Councilman Fank made the motion to adopt the Resolution and Councilman Renegar seconded the motion. There being no further discussion, the Resolution was adopted with the following vote:
8. RESOLUTION: TO NAME VOTING DELEGATE AND ALTERNATES FOR THE NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING IN CHARLOTTE, NORTH CAROLINA. (RESOLUTION BOOK 2005, PAGE 106). Councilman Miller made the motion to adopt the Resolution and Councilman Gillespie seconded the motion. Councilman Miller made the motion to amend the Resolution to include the following: Council President Argo, Voting Delegate; Council President Pro-Tempore Miller, First Alternate; and Councilman Gillespie, Second Alternate. Councilman Fank seconded the motion. The Resolution was amended (6-0). There being no further discussion, the amended Resolution was adopted with the following vote:
9. RESOLUTION: TO SET A PUBLIC HEARING TO DECLARE VARIOUS WEEDED LOTS TO BE A PUBLIC NUISANCE AND ORDERING THEIR ABATEMENT PER TITLE 11, CHAPTER 67 OF THE CODE OF ALABAMA, 1975, AS AMENDED. (RESOLUTION BOOK 2005, PAGE 107). 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 results:
10. ORDINANCE: TO RENAME SAWMILL QUARTERS ROAD TO EASY COURT. (ORDINANCE BOOK 2005, PAGE 016). Councilman Wood made the motion to adopt the Ordinance and Councilman Gillespie seconded the motion. Because Ordinances are generally held for two weeks, it is necessary for the rules to be suspended if immediate action is to be taken. Councilman Miller made the motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (6-0). During discussion, Councilman Miller asked if changing the name of a street may possibly pose a problem with emergency fire and police calls. City Planner Joel Duke stated that with the street names Easy Street and Easy Court being so similar and positioned next to each other, there should be no confusion. There being no further discussion, the Ordinance was adopted with the following vote:
11. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH PEOPLES BANK AND TRUST FOR FINANCING CITY PROJECTS. (RESOLUTION BOOK 2005, PAGE 108). Councilman Miller made the motion to adopt the Resolution and Councilman Fank seconded the motion. During discussion, Councilman Wood asked Finance Director Mac Champion if the City would draw down from the total amount as needed. Mr. Champion stated that was correct. There being no further discussion, the Resolution was adopted with the following results:
12. ORDINANCE: WASTEWATER TRUNK LINE ASSESSMENT FOR PROPERTIES NORTH OF ALABAMA HIGHWAY 14. (ORDINANCE BOOK 2005, PAGE 017). Councilman Renegar introduced the Ordinance from the floor and made a motion to adopt it and Councilman Fank seconded the motion. Because the Ordinance was introduced from the floor and did not appear on the evening’s agenda, it will be necessary for the rules to be suspended. Councilman Wood made the motion to suspend the rules and Councilman Renegar seconded the motion. The rules were suspended (6-0). It will also be necessary for the rules to be suspended a second time because this item is an Ordinance and they are generally held for two weeks unless the Council deems it necessary to take immediate action. Councilman Wood made the motion to suspend the rules and Councilman Renegar seconded the motion. The rules were suspended (6-0). During discussion, Councilman Miller asked City Planner Joel Duke how the fees were determined. Mr. Duke stated that this project was compared to the 1992 project on Cobbs Ford Road. Councilman Wood asked if the Ordinance could be amended in 10 years if the trunk line had not been paid for in full. Mr. Duke stated that as with all Ordinances, it could be amended to extend the length of time for the full payment to be received. There being no further discussion, the Ordinance was adopted with the following vote:
CLOSING COMMENTS: None. ADJOURN: There being no further business to come before the Council, Councilman Fank made the motion to adjourn and Councilman Gillespie seconded the motion. The meeting closed at 8:10 p.m. APPROVED:
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