| 2006-11-07 City Council Meeting |  |  |  |
 PRATTVILLE CITY COUNCIL The Prattville City Council met in regular session on Tuesday, November 7th at 7:00 p.m. in the Council Chambers at City Hall with Council President Pro Tempore Tom Miller presiding. Roll was called and President Argo was recorded as being absent due to out of town business. After the Pledge of Allegiance to the American Flag, Councilman Renegar gave the invocation. APPROVAL OF MINUTES: October 17th City Council Minutes. Councilman Macready made the motion to approve the minutes and Councilman COMMENTS FROM PERSONS PRESENT: Mr. Harold Howell, 105 Rosewood Drive, Prattville, AL 36067, appeared before the Council as Moderator for Glynwood Baptist Church located on McQueen Smith Road. Mr. Howell spoke of the dangerous traffic issues on McQueen Smith Road near the entrance and exit of the church. With a hill in one direction and a sharp curve in the opposition direction for those entering and exiting the parking lot the threat of danger is obvious. Mr. Howell stated that the church has a Mom’s Day Out program three days a week and expressed his concern for the safety of the mothers and children traveling to and from the program. He further requested a reduced speed zone during the time the program ends each day. Councilman Renegar questioned City Engineer Robby Anderson if a Mom’s Day Out Program qualifies as a school zone. Mr. Anderson stated that he would check into it. Council President Pro Tempore Miller thanked Mr. Howell for bringing this issue before the Council. He further thanked Mr. Howell and other church members for the use of their facility to allow for a public hearing regarding the proposed apartment complex in District 4. Mr. Howard Rogers III, 265 Murfee Drive, Prattville, AL 36067, appeared before the Council to state that he was not in attendance at the 6:00 p.m. public hearing regarding a Lounge Retail Liquor License Class I, which he had applied for. Mr. Rogers stated that he had spoken with most of the residents on Tenth Street and they indicated to him that they are in favor of him reopening the Cabana as long as the business is professionally operated. Councilman Renegar questioned Mr. Rogers if the Cabana was changing ownership and Mr. Rogers stated that it wasn’t. Councilman Renegar also asked Mr. Rogers if he had previously managed the Cabana Club and he stated that he had not. Councilman Renegar stated that during the 6:00 p.m. public hearing, Chief Wadsworth spoke on behalf of some citizens who had called him to say that they were opposed to the opening of the Cabana but would not attend the public hearing out of fear for their safety. Mr. Rogers stated that he had no idea why anyone would be afraid. He further stated that the hours of operation would be from 9:00 p.m. until 1:30 or 2:00 a.m. Councilman Macready questioned Mr. Rogers about some of the code violations and Mr. Rogers stated that the bathrooms had already been made handicapped accessible and the wiring in the building had been repaired. Councilman Gillespie asked Mr. Rogers if security measures had been discussed and Mr. Rogers stated that his intentions are to hire licensed security guards. He further stated that he has already spoken with representatives from two or three security companies. MAYOR’S REPORT: No report due to Mayor Byard being out of town. COUNCIL REPORTS: Councilman Renegar stated that the Leisure Services Committee met regarding several issues including the implementation of fees for City owned facilities. Councilman Macready reported that the Public Safety Committee met to discuss the Cabana. Council President Pro Tempore Miller recognized Nick Evgenides who was in attendance at the evening’s meeting as a requirement of earning a merit badge with the Boy Scouts. No report from Council President Argo due to being out of town on business. 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 2006-A, PAGE 043). A public hearing was held at 6:00 p.m. this evening. There being no discussion, the Resolution was adopted with the following results:
2. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR LICENSE CLASS I FOR HOWARD ROGERS, III, D/B/A CABANA. Councilman Macready made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. During discussion, Councilman Macready stated that according to police department records, since 2003, police officers have responded to 34 calls at the Cabana Club. The nature of the calls included harassment disputes, disorderly conduct charges, shots fired and burglary. Councilman Macready also stated that the building did not contain fire extinguishers, it is not in compliance and the Public Safety Committee does not recommend the approval of the license application. Councilman Gillespie questioned Mr. Rogers if he was aware of the additional code violations that should be addressed prior to opening the business. Mr. Rogers stated that he was waiting to see what the Council’s vote was before making all necessary changes. Councilman Renegar made a motion to hold the Resolution to allow Mr. Rogers the appropriate amount of time to bring the building into compliance. Councilman Gillespie seconded the motion to hold. Councilman Renegar called for a division of the house and the vote to hold failed (3-3) with the following results:
The vote was called to adopt the Resolution and it failed (0-6) 3. RESOLUTION: TO APPROVE THE ISSUANCE OF ENVIRONMENTAL IMPROVEMENT REVENUE BONDS AND ENVIRONMENTAL IMPROVEMENT REVENUE REFUNDING BONDS BY THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF PRATTVILLE FOR THE BENEFIT OF INTERNATIONAL PAPER COMPANY. RESOLUTION BOOK 2006-A, PAGE 044). Councilman Fank made a motion to adopt the Resolution. City Attorney David McDowell explained that since Prattville is the closest municipality to International Paper, Prattville has jurisdiction over the refinancing of their bonds. He also stated that this does not pose any obligation on the City’s part and will not affect the City’s borrowing power. Councilman Renegar seconded the motion. During discussion, Councilman Wood questioned the necessity of the City Council approving the Resolution. Finance Director Rod Morgan stated that Prattville is the “Host City” and the only way International Paper can refinance the 1992 bonds is by Resolution approved by the City Council. Mr. McDowell reminded members of the Council of the Mayor’s email in support of the Resolution. There being no further discussion, the Resolution was adopted with the following vote:
4. RESOLUTION: TO SET A PUBLIC HEARING TO REZONE PROPERTY LOCATED OFF OF HIGHWAY 82 WEST BYPASS WEST OF HIGHWAY 82 AND HIGHWAY 14 INTERSECTION FROM R-1 TO R-2, R-5, B-1, AND B-2. (RESOLUTION BOOK 2006-A, PAGE 045). Councilman Gillespie made a motion to adopt the Resolution and Councilman Fank seconded the motion. There being no discussion, the Resolution was adopted (6-0) with the following results:
Councilman Gillespie made a motion to adopt the proposed Ordinance and Councilman Wood seconded the motion. By point of order the Ordinance was held until the December 5, 2006 council meeting. 5. RESOLUTION: TO DECLARE UH1H “HUEY” HELICOPTER SURPLUS AND TO DONATE SAID HELICOPTER TO INDIANA AIR SEARCH AND RESCUE, INC. (RESOLUTION BOOK 2006-A, PAGE 046). Councilman Renegar made a motion to adopt the Resolution and Councilman Macready seconded the motion. Councilman Wood left the council chambers at 7:35 p.m. Councilman Macready seconded the motion. Because this Resolution deals with the surplus of property, it is necessary for the council rules to be suspended if immediate action is to be taken. Councilman Renegar made a motion to suspend the rules and Councilman Macready seconded the motion. The rules were suspended (5-0). Councilman Wood returned to the council chambers at 7:38 p.m. During discussion, Councilman Renegar stated that Mr. Gordon Allen has been working for over a year to resolve this issue. There being no further discussion the Resolution was adopted with the following results:
6. RESOLUTION: TO SET A PUBLIC HEARING FOR A RETAIL BEER AND WINE ON PREMISE ONLY LICENSE FOR WILLIAM L. HASLEY AND DOUGLAS P. THEALL, D/B/A PRATTVILLE CIGAR COMPANY, LLC. (RESOLUTION BOOK 2006-A, PAGE 047). Councilman Macready made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. There being no discussion, the Resolution was adopted with the following results:
7. 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 2006-A, PAGE 048). Councilman Wood made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. There being no discussion, the Resolution was adopted with the following vote:
CLOSING COMMENTS: Councilman Macready thanked the Fire and Police Departments for their assistance in providing the necessary reports regarding code violations and police calls in reference to the Cabana. Council President Pro Tempore Miller encouraged everyone to attend the Tuesday, November 21, 2006 council meeting. ADJOURN: There being no further business to come before the Council, Councilman Macready made a motion to adjourn and Councilman Fank seconded the motion. The meeting closed at 7:45 p.m. APPROVED:
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