| 2007-03-06 City Council Meeting |  |  |  |
 PRATTVILLE CITY COUNCIL The Prattville City Council met in regular session on Tuesday, March 6th at 7:00 p.m. in the Council Chambers at City Hall with Council President Argo presiding. 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: February 20th Work Session, and City Council Minutes. Councilman Renegar made the motion to approve the minutes and Councilman COMMENTS FROM PERSONS PRESENT: Tammy Ward, owner of The Cellar and Such appeared before the Council to ask for their support regarding her request for a Lounge Retail Liquor License Class I. She gave the Council her word that if they grant her the license it will not change the way in which she currently does business. Mr. Myron Smith appeared before the Council as a follow- up to a Resolution which was held from the February 20th council meeting. Mr. Smith stated that he hired a professional company to go out to Oakdale Mobile Home Trailer Park and clean out a sewage line and make other necessary repairs prior to this evening’s meeting. Mr. Smith further stated that the City had failed to inform him of specific locations in his trailer park that had raw sewage on the ground. Councilman Fank informed Mr. Smith that it is not the responsibility of the City to inform him of such issues. It is the responsibility of the landlord to locate and correct such problems. Councilman Fank also stated that as of this afternoon the trailer park still has problems with raw sewage that have not been addressed. Mayor Byard stated that he, along with Councilmen Gillespie and City Engineer Robby Anderson rode out to Oakdale Trailer Park this afternoon and walked through several areas where raw sewage continues to pool on the ground. He further stated that the photos were not taken of the under-skirting of a trailer as Mr. Smith had indicated. Mr. Billy Hall, 1134 Gaddis Avenue, appeared before the Council in support of the Resolution regarding the Gillespie Senior Center. MAYOR’S REPORT: Mayor Byard encouraged members of the Council to go to Oakdale Trailer Park to see for themselves the issues that have been discussed this evening. The Mayor expressed his sympathy to the families of the tornado victims in Enterprise. He also reported that the Autauga County United Way voted to make a contribution to Enterprise in the amount of $1,200.00. Mayor Byard encouraged everyone to attend a program specifically designed to protect our children from internet predators. Sgt. Gary Graves of the Prattville Police Department Investigative Division will conduct the informative meeting that is open to the public on Thursday, March 8, 2007 in the Council Chambers. The Mayor announced the opening season of Girls Softball on Saturday, March 17th at Newton Park and the opening season of Dixie Youth Baseball on March 24th at the David D. Whetstone Baseball Complex. He also reminded everyone of the annual “Fun Day” at North Highland Memorial Park, which is scheduled for Saturday, March 17th. COUNCIL REPORTS: Councilman Gillespie thanked the Mayor for taking the time to drive him out to Oakdale Trailer Park. He also thanked City department heads for their hard work and dedication to their jobs. Council President Argo stated that the Finance Committee met today regarding several issues. AGENDA 1. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CENTRAL ALABAMA AGING CONSORTIUM TO PROVIDE CONGREGATE AND HOME-DELIVERED MEALS AT THE GILLESPIE SENIOR CENTER. (RESOLUTION BOOK 2007, PAGE 029). Councilman Renegar 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:
2. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED OFF HIGHWAY 31 NORTH BEHIND PRATTVILLE SQUARE SHOPPING CENTER FROM B-2 TO R-5. Council President Argo reminded everyone of the notification they had received from City Planner Joel Duke that the Petitioner withdrew his rezoning request. Councilman Renegar made a motion to deny the rezoning request. During discussion, Councilman Miller questioned Mr. Duke about what would be the best course of action to take. Mr. Duke recommended that the Council deny the request. The vote was called and the request for rezoning was denied (0-6) as follows:
3. RESOLUTION: TO GRANT A RETAIL LIQUOR LICENSE CLASS I FOR WILLIAM E. & TAMMY WARD, D/B/A THE CELLAR AND SUCH. Councilman Gillespie made a motion to adopt the Ordinance and Councilman Miller seconded the motion. During discussion, Councilman Miller asked that the official record reflect that he shares the same concerns of other councilmembers who have been outspoken about setting a precedent by granting this type of license at this particular location. However, Councilman Miller also made it very clear that the only reason that he would consider voting in favor of such a license at this location is because he supports Mr. and Mrs. Ward’s decision to continue their business as they currently run it, which is for the purpose of selling beer, wine, liquor, gourmet foods and wares. This license sets them apart by allowing them to continue to sell the gourmet foods and wares and also affords them the opportunity to have monthly wine tasting events in their place of business without having to purchase a “Special Events License” each time they host such an event. Councilman Miller made it very clear that he would not support a lounge type bar in this location and would not vote in favor of such a request from any future owners at this property. Councilman Gillespie stated that this is an issue he had struggled with. He further stated that if The Cellar and Such went out of business and another business chose to locate there, the Council would be obligated to grant that business the same type of license. At this time Council President Argo passed the gavel to President Pro-Tempore Tom Miller and asked to be recognized. Councilman Argo asked that the record reflect his comments. He stated that he too supports The Cellar and Such for the same reasons that Councilman Miller expressed. He further stated that if the business owners had intentions of operating a lounge type bar in such a busy part of town he would not vote to support it. The gavel was passed back to President Argo. There being no further discussion, the Resolution failed (3-3) with the following results:
4. ORDINANCE: REQUEST TO REZONE PROPERTY LOCATED ON GOLSON ROAD (COUNTY ROAD 47) AND ADJACENT TO NOLAND FALLS #1). (ORDINANCE BOOK 2007, PAGE 005). The Ordinance was introduced at the February 6, 2007 council meeting and a public hearing was held at 6:00 p.m. this evening. The Ordinance was adopted with the following results:
5. RESOLUTION: TO AUTHORIZE THE CITY ATTORNEY TO FILE SUIT AGAINST J. MYRON SMITH, AS OWNER OF OAKDALE MOBILE HOME PARK, PRATTVILLE, ALABAMA, TO STOP EMISSIONS OF RAW SEWAGE. (RESOLUTION BOOK 2007, PAGE 030). The Resolution was held from the February 20th council meeting. During discussion, Councilman Miller stated that he wished he had seen the photos of the site prior to the February 20th council meeting. He further apologized for not showing more support for City Planner Joel Duke and Code Enforcement Officer Carl Wilson at the previous meeting. The Resolution was adopted with the following vote:
6. RESOLUTION: TO NAME VOTING DELEGATE AND ALTERNATES FOR THE ALABAMA LEAGUE OF MUNICIPALITIES CONVENTION IN HUNTSVILLE. (RESOLUTION BOOK 2007, PAGE 031). Councilman Fank 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:
7. RESOLUTION: TO SET A PUBLIC HEARING TO REZONE PROPERTY LOCATED OFF OLD RIDGE ROAD FROM FAR TO R- 2. (RESOLUTION BOOK 2007, PAGE 032). Councilman Miller 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:
Councilman Miller introduced the proposed Ordinance and made a motion to adopt it. Councilman Gillespie seconded the motion. By point of order the Ordinance was held until the April 3, 2007 council meeting. 8. ORDINANCE: TO DECLARE CITY OF PRATTVILLE EQUIPMENT SURPLUS. (ORDINANCE BOOK 2007, PAGE 006). Councilman Wood made a motion to adopt the Ordinance and Councilman Gillespie seconded the motion. Because Ordinances are generally held for two weeks, it is necessary for the council rules to be suspended if immediate action is to be taken. Councilman Renegar made the motion to suspend the rules and Councilman Gillespie seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results:
CLOSING COMMENTS: Councilman Miller thanked Bryan Easley for the use of East Memorial Baptist Church’s north campus, which is where a neighborhood meeting was held for residents to discuss ideas for a future green-space park in the North Silver Hills Subdivision. City staff involved in the meeting included Leisure Services Director Drew Peterson, City Planner Joel Duke and Sam Clemmons. Council President Argo reminded everyone of the Girl’s Softball Opening Day Ceremonies at Newton Park and North Highland Fun Day, which are scheduled for ADJOURN: There being no further business to come before the Council, Councilman Fank made a motion to adjourn and the motion was seconded. The meeting closed at 8:00 p.m. APPROVED:
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