2007-01-16 City Council Meeting PDF Print E-mail

PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, JANUARY 16, 2007
7:00 P.M.

The Prattville City Council met in regular session on Tuesday, January 16th at 7:00 p.m. in the Council Chambers at City Hall with Council President Argo presiding. Roll was called and all were recorded as being present. After the Pledge of Allegiance to the American Flag, President Argo gave the invocation.

APPROVAL OF MINUTES: January 2nd Public Hearing and City Council Minutes.

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

COMMENTS FROM PERSONS PRESENT:

Mr.Bob Lee, 112 Quail Run, Prattville, AL 36067, appeared before the Council to give an update on the “War on Litter.”

Mrs. Tammy Ward, owner of the Cellar and Such, appeared before the Council to state her intentions to apply for a Lounge Retail Liquor License Class I, which will allow her to have wine tasting events in her place of business and will also allow her to continue to sell the gourmet foods, candles, wine glasses and decanters she currently has in inventory. Mrs. Ward stated that she had been licensed improperly for the type business she intended to operate. She urged council support in her decision to make this change.

Councilman Renegar noted that when a business is granted a particular license such as a lounge license, it is generally expected that the license status stay with the business location.

City Attorney David McDowell stated that if Mrs. Ward’s business license changed, it would be necessary for a public hearing to be held and proper advertising to be placed in the Prattville Progress. He further stated that he would contact the proper Authorities with the Alabama Beverage Control Board tomorrow morning to ensure that Mrs. Ward would apply for the correct license for her business.

Council President Argo recognized Probate Judge Al Booth who was present at the evening’s meeting.

MAYOR’S REPORT:

Mayor Byard wished a Happy 90th Birthday to Ms. Frances Colley and Ms. Julia Yarbrough.

Regarding the agenda, the Mayor urged council support on Resolution number 2, which appoints Joy Booth as City Prosecutor. Mrs. Booth was originally appointed to serve as City Prosecutor under the Law Firm of McDowell, Faulk and McDowell. Mrs. Booth is starting a law practice of her own, and therefore a Resolution should be adopted to separate her from McDowell, Faulk and McDowell. The Mayor asked for council support on Resolution number 3, which authorizes the Mayor to enter into a contract for engineering services for Pratt Park swimming pool.

Mayor Byard asked the Council to support a Resolution from the floor sponsored by Councilman Renegar, which deals with the renewal of a contract for services with Fountain City BMX Association, Inc.

The Mayor mentioned 10 arrests which were made at Cooter’s Pond last week. The arrests were the result of an undercover operation by the Prattville Police Department. Those who were arrested face charges of loitering, possession of drugs, and public consumption.

Councilman Gillespie questioned the Mayor about a time frame for when the swimming pool plans would come back and improvements could be seen. The Mayor stated that we are in the middle of the 5-year planning process and reminded Councilman Gillespie that the Council had already voted (6-1) to make the improvements to the pool.

Councilman Renegar clarified that the plans are to have the pool renovated and in operation within 24 months.

Regarding the Cooter’s Pond incident, Council President Argo stated that the media had shielded those who had been arrested. He spoke of how the media is quick to respond to, and will film an automobile accident in its entirety but when they are called on to report on incidents such as last week’s arrests, they choose not to get involved.

COUNCIL REPORTS:

Councilman Renegar stated that the Leisure Services Committee met for 2 hours regarding a fee schedule for city-owned facilities. He further stated that the Committee is waiting on the consensus of the Council from the 5:00 p.m. work session.

Council President Argo stated that the Finance Committee met to discuss several new ideas with Finance Director Rod Morgan.

AGENDA

1. RESOLUTION: TO AWARD BID NO. 07-001 TO HARLEY DAVIDSON OF MONTGOMERY. (RESOLUTION BOOK 2007, PAGE 004).

Councilman Macready made a motion to adopt the Resolution and Councilman Fank seconded the motion. 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

2. RESOLUTION: TO APPOINT JOY PACE BOOTH AS CITY PROSECUTOR. (RESOLUTION BOOK 2007-PAGE 005).

Councilman Miller made a motion to adopt the Resolution and Councilman Fank seconded the motion. 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

3. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT FOR ENGINEERING SERVICES WITH ENGINEERING SERVICE ASSOCIATES, INC. (ESA) FOR PRATT PARK SWIMMING POOL IMPROVEMENTS. (RESOLUTION BOOK 2007, PAGE 006).

Councilman Renegar 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:

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

4. ORDINANCE: TO DECLARE VARIOUS CITY VEHICLES SURPLUS. (ORDINANCE BOOK 2007, PAGE 002).

Councilman Gillespie made a motion to adopt the Ordinance and Councilman Wood seconded the motion. 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. Councilman Renegar made a motion to suspend the rules and Councilman Fank seconded the motion. The rules were suspended (7-0). There being no discussion, the Ordinance 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 SET A PUBLIC HEARING TO REZONE PROPERTY LOCATED OFF OF HIGHWAY 31 NORTH BEHIND PRATTVILLE SQUARE SHOPPING CENTER FROM B-2 TO R-5. (RESOLUTION BOOK 2007, PAGE 007).

Councilman Macready made a motion to adopt the Resolution and Councilman Renegar seconded the motion. 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

Councilman Macready introduced the proposed Ordinance and made a motion to adopt it. Councilman Fank seconded the motion. By point of order the Ordinance was held until March 6, 2007.

6. RESOLUTION: TO AUTHORIZE THE MAYOR TO RE-ENTER INTO A LEASE AND CONTRACT FOR SERVICES WITH FOUNTAIN CITY BMX ASSOCIATION, INC. TO RUN A BMX PARK.

Councilman Renegar made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. Because the Resolution was introduced from the floor, it is necessary for the Council rules to be suspended. Councilman Renegar made a motion to suspend the rules and Councilman Macready seconded the motion. The rules were suspended (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

7. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED OFF OF OLD RIDGE ROAD FROM FAR TO R-2.

Councilman Miller, who had voted on the prevailing side when this Ordinance failed (2- 5) at the January 2, 2007, meeting made a motion to reconsider the rezoning.

Councilman Fank seconded the motion. During discussion, Council President Argo stated that he had been contacted by Pastor Bryan Easley from East Memorial Baptist Church regarding the residents who had opposed the rezoning request to R-4. Pastor Easley contacted City Planning Director Joel Duke and inquired as to the possibility of a rezoning request to R-2 only.

City Attorney David McDowell recommended that the City Council table the Ordinance and send it back to the Planning Commission for consideration instructions for the Planning Commission to make a recommendation to the Council.

The vote to reconsider the rezoning Ordinance was (7-0). Councilman Miller made a motion to table the Ordinance indefinitely with instructions to the Planning Commission and Councilman Renegar seconded the motion. The motion to table indefinitely was approved (7-0).

CLOSING COMMENTS:

Mayor Byard suggested that Councilmen Gillespie and Fank be appointed as liaisons to the Planning Commission to discuss green space. Councilman Renegar stated that he would be glad to serve in that capacity since he serves as Chairman of the Leisure Services Committee.

Council President Argo stated that he had no objection to Councilmen Gillespie, Fank and Renegar serving on that Committee.

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 8:00 p.m.

APPROVED:

 

_______________________
Gina P. Smith
City Clerk

 

_______________________
Dean Argo, President
Prattville City Council

 
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