2009-08-18 City Council Meeting PDF Print E-mail

PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, AUGUST 18, 2009
6:02 P.M.

The Prattville City Council met in regular session on Tuesday, August 18th at 6:02 p.m. immediately following the public hearing in the Council Chambers at City Hall. The meeting was called to order by Council President Argo. Roll was called and Councilman Fank was recorded as being absent. After the Pledge of Allegiance to the American Flag, Council President Argo gave the invocation.

THE CHARACTER TRAIT OF THE MONTH IS FAITH: Confidence that actions rooted in good character will yield the best outcome, even when I cannot see how.

APPROVAL OF MINUTES: Public Hearing and City Council meeting August 4th and Work Session August 10th.

Councilman Renegar made a motion to approve the minutes and Councilman Boles seconded the motion. The minutes were approved (6-0).

Councilman Fank arrived at 6:11 p.m.

COMMENTS FROM PERSONS PRESENT:

The following people appeared in opposition to the application for a Lounge Retail Liquor License for Club BTS:

Dr. Kim Kornegay, 237 Deerwood Drive, Prattville, AL 36067.

Dr. Travis Coleman, 227 Deerwood Drive, Prattville, AL 36067.

Pastor Roger Parks, 928 Running Brook Drive, Prattville, AL 36067.

Philip Akers, 122 N. Nichols Street, Prattville, AL 36067

Pastor Rick Moore, 1836 Edinburgh Street, Prattville, AL 36066.

Jeff Williams, 1214 Jamestown Drive, Prattville, AL 36067.

Mona Kornegay, 237 Deerwood Drive, Prattville, AL 36067.

Dr. George Seier, 2160 Cobbs Ford Road, Prattville, AL 36067

Comments in opposition to the application included concern for the negative impact it would have on the young people in our community and the safety and well-being of our citizens.

The following people spoke in favor of the application for a Lounge Retail Liquor License for Club BTS:

Jon Lee Finnegan, 211 Deer Trace, Prattville, AL 36067.

Gene Hall, 206 Stewart Street, Prattville, Al 36067.

Gwen Koda

Sam Golson, 1335 Highway 82 West, Prattville, AL 36067.

Attorney Steve Drinkard, appeared before the Council to represent Mr. Koda in his application for the license for Club BTS. Councilman Wood questioned if state law requires the Council to grant an applicant’s license or does the law provide that an applicant may apply for any license for which they may qualify? Mr. Drinkard stated that Alabama State Law gives great discretion to the Council in providing the approval for the issuance of a license to the applicant by the licensing authority.

Jon Lee Finnegan, 211 Deer Trace, Prattville, AL 36067, appeared before the Council to thank the Police Department for the recent placement of the electronic signs warning drivers of busy intersections. She also commended Horticulturist Ken Johnson and staff for the new plantings in the downtown area. She inquired about the possibility of a cable television station recording the council meetings live. Ms. Finnegan also stated her desire for the council agenda and minutes to reflect the amount of money to be paid for purchased or leased items.

Laura Killough, 1810 Briarwood Street, Prattville, AL 36066, appeared before the Council to inquire about the status of the possibility of a hazard mitigation buyout due to her property flooding on May 7, 2009.

MAYOR’S REPORT:

Mayor Byard presented the 2009-2010 budget to the Council. He also spoke of the resurfacing project planned for Cobbs Ford Road to St. Route 14. The project will be paid for with stimulus funds and has been approved by MPO.

COUNCIL REPORTS:

Council President Argo stated that the Finance Committee met regarding item numbers 3 and 5 and it is in favor of both Resolutions.

AGENDA

1. RESOLUTION: TO GRANT A RESTAURANT RETAIL LIQUOR LICENSEFOR WEI CHEN AND WEIDI CHEN, D/B/A TOKYO JAPANESE STEAK HOUSE & SUSHI, LLC. (RESOLUTION BOOK 2009-A, PAGE 025).

A public hearing was held at 6:00 p.m. this evening. Councilman Wood made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. During discussion, Councilman Wood made a motion to amend the Resolution by deleting the last word on line 18, which reads “and” and also by deleting line 19, which reads “Whereas, no opposition has been submitted by the Public Safety Committee.” Councilman Fank seconded the motion. The Resolution was amended (7-0). There being no further discussion, the Resolution was adopted with the following vote:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, BOLES, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

2. RESOLUTION: TO GRANT A LOUNGE RETAIL LIQUOR, CLASS I LICENSE FOR CLUB BTS, LLC D/B/A BEHIND THE SCENES.

The Resolution was held from the August 4th council meeting and a work session was held on August 10th. During discussion, Councilman Gillespie questioned if a Public Hearing sign had been properly placed in the window of the building. Council President Argo stated that the sign was placed in the window and remained there until the day after the public hearing.

Councilman Wood made a motion to amend the Resolution by deleting the last word on line 17, which reads “and” and also by deleting line 19, which reads “Whereas, no opposition has been submitted by the Public Safety Committee.” Councilman Gillespie seconded the motion. The Resolution was amended (7-0).

During discussion, Councilman Gillespie expressed his appreciation to those who had contacted him about their concerns regarding this item. He further stated his reasons for supporting this application. Councilman Boles requested a roll call vote.

Councilman Miller mentioned an alcohol related fact filled email which was sent to the Council from PASS Director Martha Ellis, who was unable to attend the evening’s meting due to a scheduling conflict. Councilman Miller also stated that this has been a particularly interesting challenge. He further stated that it was important to him to hear all comments from concerned citizens and gain additional input from ABC officials, while considering the possibility of granting or denying the application prior to making his final decision.

Councilman Wood stated that Prattville is a progressive and growing city and while he opposes the application for a Lounge Retail Liquor, Class I License, it is not a personal matter. There being no further discussion, the Resolution failed with a roll call vote as follows:

AYES: GILLESPIE, FANK 2
NAYS: WOOD, MILLER, ARGO, RENEGAR, BOLES 5
ABSTAINED: NONE 0
ABSENT: NONE 0


Council President Argo called for a 5-minute recess at 7:31 p.m.

The Council went back in to session at 7:36 p.m.

3. RESOLUTION: TO AUTHORIZE THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH GEORGIA PACIFIC FOR AUTOMATED TOWEL DISPENSERS. (RESOLUTION BOOK 2009, PAGE 026).

This item was held from the August 4, 2009 council meeting. During discussion, Councilman Boles asked Finance Director Rod Morgan if this was a budgeted item. Mr. Morgan stated that the $1,027.00 purchase, which will allow 79 dispensers to be distributed throughout City-owned facilities at a onetime cost of $13.00 each, is not budgeted. Councilman Boles urged other members of the Council to vote in opposition to this item. Councilman Fank encouraged members of the Council to vote in favor of the Resolution.

Councilman Renegar stated that he has no opposition to the lease agreement but he cautioned that initial lease prices may be low and if not monitored carefully, they may increase over time without the consumer receiving proper notification. His concern was that they may mandate where the towels are purchased and also dictate the cost. Councilman Renegar further suggested that consideration be given to hands free toilet flushing for the restrooms in City-owned facilities.

As a Public Health employee, Councilman Miller stated that it is very important that we should do everything possible to avoid contamination and therefore, he will support this Resolution. There being no further discussion, the Resolution was adopted with the following vote:

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


4. ORDINANCE: TO AMEND SECTION 508-5.5, CLEAR SPACE AROUND HYDRANTS, OF THE INTERNATIONAL BUILDING CODE. (ORDINANCE BOOK 2009, PAGE 012).

The Ordinance was held from the October 4, 2009 council meeting. There being no discussion, the Ordinance was adopted with the following results:

AYES: GILLESPIE, WOOD, MILLER, ARGO, RENEGAR, BOLES, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0


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 or employees. Therefore, it is necessary to suspend the rules on agenda item number 5.

5. RESOLUTION: TO AUTHORIZE THE RELEASE OF FUNDS TO PURCHASE A KONICA/MINOLTA C451 PRINTER/COPIER/SCANNER FROM ROYAL OFFICE EQUIPMENT FOR THE PLANNING, ENGINEERING AND IT DEPARTMENTS. (RESOLUTION BOOK 2009, PAGE 027).

Councilman Miller made a motion to adopt the Resolution and Councilman Gillespie seconded the motion. Councilman Miller made the motion to suspend the rules for the unbudgeted $9, 949.00 printer/copier/scanner and Councilman Boles 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, BOLES, FANK 7
NAYS: NONE 0
ABSTAINED: NONE 0
ABSENT: NONE 0

CLOSING:

Mayor Byard noted that the Fire Department took possession of its new drill tower and is scheduling an open house and tour for members of the Council and others.

ADJOURN:

There being no further business to come before the Council, Councilman Renegar made a motion to adjourn and Councilman Fank seconded the motion. The meeting closed at 7:49 p.m.

 

__________________
Gina P. Smith
City Clerk

 

__________________
Dean Argo, President
Prattville City Council

 
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