CITY COUNCIL MINUTES
TUESDAY, OCTOBER 18, 2005
7:00 P.M.

The Prattville City Council met in regular session on Tuesday, October 18th 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 Renegar gave the invocation.

APPROVAL OF MINUTES: October 4th City Council and Public Hearing Minutes and October 11th Work Session Minutes.

Councilman Renegar made the motion to approve the minutes and Councilman Fank 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 to request funding in the City’s FY 2006 general operating budget, which would afford the opportunity for City Planner Joel Duke and City Horticulturist Mary Ray to visit Lucy Baines of Austin, Texas. Ms. Baines owns property in Autauga County and is the daughter of Lady Bird Johnson, who was born in Autauga County. Mr. Lee is interested in getting pertinent information from Ms. Baines, that could lead to the planting of a wildflower garden similar to the Lady Bird Johnson wildflower garden in Austin. Mr. Lee stated that if the City could guarantee funding for the trip, he would proceed with plans to have a Chamber of Commerce representative notify Ms. Baines in writing, of the City’s intentions.

Councilman Macready questioned Mr. Lee as to who would maintain such a garden in Prattville. Mr. Lee stated that there are several foundations in Prattville that would make contributions for the upkeep of the garden.

Councilman Fank thanked Mr. Lee for his efforts in seeing his idea through and suggested that he contact the Master Gardeners for assistance in the maintenance of the garden.

Mr. Ross Jones, 1816 Edinburgh Street, Prattville, AL 36066, came before the Council to thank the Mayor for his assistance in having a sink hole repaired that was in front of his residence. He further requested assistance from the Council to urge the developer of his subdivision to take the initiative to make necessary repairs that would bring his subdivision up to code. Councilman Macready questioned Mr. Jones as to who the developer is and Councilman Miller replied that Chandler Eskridge is the developer.

George and Janice Chapman, 107 Mobile Drive, Prattville, AL 36067, appeared before the Council to report that they are constantly experiencing problems with citizens who leave their unattended parked vehicles, which block their driveway and a fire hydrant at their residence on high school football game nights. They further stated that their attempt at having a motorcycle officer address this issue was ignored. Mr. and Mrs. Chapman also complained that the Pilgrim Rest Baptist Church on Doster Road has been clearing property at the City’s request and that damage to their property has resulted from the cleanup process. They requested that the City replace a culvert that was damaged by a truck. Water doesn’t drain through the culvert and they expect flooding on their property to be an issue in the event of heavy rains. Mr. and Mrs. Chapman asked the Council to consider placing additional lighting on their street as a deterrent for criminal mischief in that area.

City Planner Joel Duke stated that the cleanup process in which the Chapmans are referring to is a result of vacant property, which is currently owned by the church and has been in violation of the State Code regarding weeded lots. He further stated that church staff informed him that when they finish clearing the lot, they will make necessary repairs to the culvert.

Councilman Fank stated that he had met with the Chapmans at their request and he thanked them for their patience. He further stated that city staff would follow up on the complaint against the police officer and their request for additional lighting.

MAYOR’S REPORT:

None.

COUNCIL REPORTS:

Councilman Argo reported that Mayor and Mrs. Byard were the proud parents of a baby boy, James Lee Byard, III, who was born earlier today.

Councilman Renegar reminded members of the Council that he had forwarded each of them minutes from the Leisure Services Committee meeting.

Regarding the agenda, which has 8 items listed, Councilman Argo moved item number 7 to appear on the agenda as item number 6. He also stated that an Ordinance from the floor regarding the realignment of Old Farm Lane will be introduced after item number 6, rather than at the end of the agenda as items from the floor usually appear. A total of 9 items will come before the Council this evening.

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 numbers 1 and 4.

AGENDA

1. RESOLUTION: TO ADOPT THE CITY OF PRATTVILLE FISCAL YEAR 2006 GENERAL OPERATING BUDGET.

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 not suspended (5-2) with Councilmen Gillespie and Fank opposed. The Resolution will appear on the November 1, 2005 council agenda.

2. RESOLUTION: TO AMEND THE CITY OF PRATTVILLE RESTATED CAFETERIA PLAN.(RESOLUTION BOOK 2005-A, PAGE 003).

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:

3. RESOLUTION: TO APPOINT DEPARTMENT HEADS. (RESOLUTION BOOK 2005-A, PAGE 004).

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

4. RESOLUTION: TO RELEASE BUDGETED FUNDS FOR PURCHASE OF PROPERTY LOCATED AT 255 ALLENVILLE ROAD. (RESOLUTION BOOK 2005-A, PAGE 005).

Councilman Gillespie made the motion to adopt the Resolution and Councilman Fank seconded the motion. Councilman Macready made the motion to suspend the rules and Councilman Fank seconded the motion. During discussion, Councilman Renegar asked Finance Director Mac Champion how the Council could encumber funds in a budget that hasn’t been passed. Mr. Champion stated that the City was merely a flow through for the grant funds.

City Planner Joel Duke stated that the City would be expending funds that it has already received. He further stated that the City would not be out any money.
Councilman Wood asked Mr. Champion how soon a capital budget would be available for council review. Mr. Champion stated that he expects to be able to provide them with one soon. He also stated that the delay was due to negotiations concerning current economic development projects.
Councilman Gillespie added that this project will clean up numerous dilapidated structures in a flood zone.

Councilman Wood called for the question on the suspension of the rules. The rules were suspended (7-0).

Councilman Renegar stated that with all due respect, he could not vote in favor of this Resolution without an approved capital budget and made a motion to hold the Resolution. The motion failed for lack of a second. There being no further discussion, the Resolution was adopted with the following results:

5. RESOLUTION: TO APPOINT BROOKS LAZENBY TO THE PRATTVILLE HISTORIC PRESERVATION COMMISSION. (RESOLUTION BOOK 2005-A, PAGE 006).

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

6. RESOLUTION: APPROVING AN APPLICATION SEEKING PERMISSION TO INCORPORATE A COMMERCIAL DEVELOPMENT AUTHORITY OF THE CITY OF PRATTVILLE, ALABAMA. (RESOLUTION BOOK 2005-A, PAGE 007).

Councilman Renegar made the motion to adopt the Resolution and Councilman Macready seconded the motion. During discussion, Councilman Wood asked what purpose the Authority would serve and City Attorney David McDowell stated that the proposed member list includes names of citizens who are interested in Prattville’s economic development, but have no involvement in current ongoing negotiations for prospective businesses for the area and will not personally benefit from any development. There being no further discussion, the Resolution was adopted with the following results:

8. ORDINANCE: AUTHORIZING AND APPROVING THE EXECUTION, DELIVERY AND PERFORMANCE OF THE INFRASTRUCTURE AGREEMENT FOR PROJECT ORCHARD. (ORDINANCE BOOK 2005, PAGE 021).

Councilman Fank introduced the Ordinance from the floor and Councilman Gillespie seconded the motion. Because this item did not appear on the agenda and was brought from the floor, it is necessary for council rules to be suspended. Councilman Fank made the motion to suspend the rules and Councilman Gillespie seconded the motion. The rules were suspended (7-0). During discussion, City Attorney David McDowell stated that once the road is complete, 75% of the sales tax generated from the development will go to the developer to pay the debt. The Ordinance was adopted with the following vote:

ADJOURN:

Councilman Miller made a motion to adjourn the meeting until Tuesday, October 25th at 7:00 p.m. The motion was seconded and the meeting adjourned (7-0) at 7:55 p.m.

APPROVED:

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Gina P. Smith
City Clerk

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Dean R. Argo, President
Prattville City Council