Minutes 2019-07-02
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PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES
TUESDAY, JULY 2, 2019
6:02 P.M.
The Prattville City Council met in regular session on Tuesday, July 2, 2019, at 6:02 p.m. in the
Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Council
President Striplin gave the invocation. Roll was called and all Councilors were present.
THE CHARACTER TRAIT OF THE MONTH IS CAUTIOUSNESS: Knowing how important
right timing is in accomplishing right actions.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting June 18, 2019 and
Special Called Meeting June 25, 2019. Councilor Strichik made a motion to adopt the minutes
and Councilor Cables seconded the motion. With no discussion, the minutes were adopted (7-
0).
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
Council President Striplin asked those who wished to speak to line up along the outside aisle
and wait to be recognized, or to remain seated and raise their hand. All comments were to be
addressed to the Council President. Anyone speaking without being recognized would be
considered out of order and may be asked to leave. Council President Striplin asked that
comments be kept relevant to the resolution or ordinance.
Jon Lee Finnegan, 211 Deer Trace, provided background publication and meeting dates for
the Planning Commission and City Council regarding Agenda Item #1. The public hearing was
held on June 4, 2019, and during the council meeting, Councilor Cables made a motion to hold
action on the rezoning request for thirty days. The timeline has allowed three months for ample
research. Ms. Finnegan stated that she personally believed there should be a moratorium on
all building. Growth is not preferred if detrimental to the current way of life for Prattville citizens.
Ms. Finnegan urged the Council to vote no on this rezoning request, or to hold the vote until
the August 20, 2019 meeting.
Representative Will Dismukes, 109 Holly Lane, addressed the Council as a citizen of Prattville,
and as the State Representative for the City of Prattville and Millbrook, regarding Agenda Item
#1. Representative Dismukes stated that this development will fall in his district and requested
that the Council vote no on the rezoning request. At the June 4, 2019 public hearing, Elmore
County Superintendent Richard Dennis expressed several concerns with the school system
not being able to handle the load from this development. Representative Dismukes added that
he would feel better if they were on board and felt like they could handle the additional load.
Representative Dismukes expressed concern for teachers, students, and school buildings. He
encouraged Councilors to think about the voice of the district they represent. Representative
Dismukes noted that he has received over one hundred fifty emails and over one hundred
Facebook messages regarding this issue. He asked Councilors if they wanted part of their
legacy to be an apartment complex that is run-down in the next twenty years. He urged the
Council to listen to the people’s overwhelming voice and vote no on this item.
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Councilor Jackson asked Representative Dismukes if he was aware of comments made during
the Planning Commission meeting. Senior Planner Austin Brass reached out Elmore County
Data Coordinator and was told that this project will not cause a burden on their school system.
The “School Committee” formed by Councilor Starnes has looked at how to capture the $3.5
million in ad valorem and sales tax currently going to Elmore County.
Representative Dismukes responded that he was aware, adding that it is possible to make
statistics work out for whatever case we want to fight for. He added that he puts his faith and
trust in what Superintendent Dennis stated. Representative Dismukes noted that we need to
be careful how we list facts and what we say behind statistics.
Anna Thrash, 307 Old Farm Lane South, addressed the Council regarding Agenda Item #1.
Ms. Thrash lives in the residence most impacted by any development in this area and has lived
there since 1998. Ms. Thrash stated that she has seen a lot of change, and with change comes
growing pains. Project Manager for MVAH, Mr. Darren Smith, has taken all of her concerns
into account. Montgomery and Maxwell Air Force Base are becoming strategic in the Central
Alabama region. This area is close to the interstate and the shopping center needs support.
Without moving forward, this area will sit vacant for another ten years. Ms. Thrash added that
she is not threatened by an apartment complex or any suitable living being zoned for the area.
Without zoning to bring people to the area, the area will remain stagnant. The City has good
leadership, along with a good Police Chief and Fire Chief. Change is coming, and the
infrastructure can handle the growth. Prattville has become a major city in Alabama.
Dr. Gerald Cimis, 141 N. Chestnut Street, address the Council regarding Agenda Item #1 and
provided a two-page handout. Page one of the handout addressed the number of vacant
apartments in Prattville. Based on research with an independent realtor’s database and with
Apartment.com, Dr. Cimis stated there is an 8-12% vacancy rate in Prattville. There are
currently 252 vacant apartments in Prattville. The second page of the handout outlined a
linkage between Miller Valentine, MVAH Holding, LLC and MVAH Partners, LLC based on their
Ohio registration and referenced a lawsuit involving eighty-two of their complexes. Dr. Cimis
also informed the Council that tenant online reviews for many of these complexes show poor
workmanship, poor management, and poor maintenance.
Councilor Starnes asked Dr. Cimis about a statement at an earlier meeting that apartment
capacity in Prattville was at 95-98%. Dr. Cimis responded that his research showed 252
apartments available out of a total of 3,161 apartments. Dr. Cimis added that the City of
Prattville Comprehensive Plan only called for a total of 2,542 apartments by next year. If this
300-unit apartment complex is approved, the total number of apartments will be 36% over the
number allowed in the Comprehensive Plan. Dr. Cimis noted that he is not anti-apartment, but
it is not the right fit to put an additional high-density development near Willow Ridge, with all
units concentrated in the south part of the Old Farm Lane corridor. This is poor planning.
Councilor Jackson stated that with the process in place, seven out of eight members of the
Planning Commission voted to recommend this rezoning. Council Jackson asked Dr. Cimis if
he considered their recommendation to Council a mistake.
Dr. Cimis responded that the Planning Commission members did not consult their
Comprehensive Plan. Dr. Cimis added that the Planning Department did not make a decision
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that was consistent with the Comprehensive Plan, which allowed for 2,542 apartment units.
The City already has 3,161 apartments.
Councilor President Pro Tempore Brown addressed the apartment vacancy rate. The Prattville
Area Chamber of Commerce conducted a survey of market rate occupancy on the same day
the survey was requested. The Chamber contacted apartment complexes and spoke directly
with managers. The lowest occupancy rate was 94%, with many in the range of 98-100% with
waiting lists.
Dr. Cimis responded that apartment complexes are typically reluctant to provide their actual
vacancy rate as it does not shed a good light on the complex. They tend to minimize their
vacancy rate or will only release the types of apartments available.
Councilor Starnes asked Dr. Cimis, as a former member of the Board of Zoning Adjustment,
why we are here today based on the Comprehensive Plan and the current zoning of B-2. Dr.
Cimis responded that this comes back to a matter of training. Dr. Cimis added that the members
of the Board of Zoning Adjustment and the Planning Commission almost never have their
Comprehensive Plan with them at meetings. The Comprehensive Plan has eleven districts. Dr.
Cimis noted that a better mixed traditional use for this land could include townhouses, single
family, or lower density housing.
Councilor Boone asked Dr. Cimis if serving on the Board of Zoning Adjustment is a paid
position. Dr. Cimis replied that the board is composed of volunteers appointed by the Council.
Councilor Boone noted that these appointees serve with a good heart giving time to our City
and do not necessarily have a background in real estate. Dr. Cimis noted this is why he has
pushed for training and certification. Dr. Cimis added that certain cities including Northport and
Auburn require their board members to be certified within eighteen months of appointment.
Marianne Dillard, 1822 Jenny Drive, was unable to speak due to recent surgery and had a
written statement prepared. Jon Lee Finnegan read the statement for Ms. Dillard. Ms. Dillard’s
statement compared Prattville to a family. Not everyone will agree, but you love your family.
Ms. Dillard suggested a check list for the family: How will the family benefit? Will the family get
a better response time from first responders? Will the family have more first responders? Better
roads? Better traffic flow? Will the revenue out weigh the cost? Consider the Comprehensive
Plan. Change and growth are inevitable; if we do not grow we become stagnant. But, we need
balanced growth.
Arthur Burt, Jr., 517 Breckinridge Lane, had earlier in the day provided a written letter for each
Councilor. Mr. Burt has been a long-time citizen of Prattville. Mr. Burt suggested the property
be used for another purpose, possibly a high school. Other areas of the City need development.
The City needs more single-family housing in the $130-180,000.00 range. Mr. Burt encouraged
the Council to grow Prattville smart. Apartments will not bring tourism dollars to Prattville.
Councilor Jackson pointed out a high school in this location would serve Elmore County.
Councilor Starnes clarified that Mr. Burt is not against growth, but wants the right type of growth.
Debbie Salvador, 1608 Ashwood Drive, stated that she was against the 300 apartments last
year and that she is against these apartments. The City is growing and needs managed growth,
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with infrastructure matched to the growth. McQueen Smith Road will have an additional 745
houses built, which will result in 1,500 plus cars. In 2017, McQueen Smith Road needed to be
widened, but the funds were not available. With more houses coming, there is still not enough
money to widen the road. 55 senior apartments have been approved on Heather Drive. The
Mill will have 144 apartments. The Ridge at Pratt Farms will have 200-300 homes. The twelve
phases of Glennbrooke will include approximately 1,200 houses. Ms. Salvador noted that she
is not opposed to growth, but we need to grow our roads and our Police and Fire departments
as we are developing the property. Adding an additional 400 apartments to the already
congested area, with additional traffic on Cobbs Ford Road and Highway 14, is not in the City’s
best interest. The City needs quality of life and to take care of necessities.
Councilor Starnes clarified that the City has plenty of growth and needs to catch up with
infrastructure. Ms. Salvador agreed and added that it is prudent to manage growth. McQueen
Smith Road needs to be widened now. The City does not need to provide any economic
development incentives to these apartments. The Police department does not need to be
stretched any thinner. Everything has a breaking point; the City is at the breaking point.
Robert L. Robinson, Jr., 118 Cosby Court, has been a citizen of Prattville since 1972 and has
seen a lot of growth in the City. Mr. Robinson encouraged the Council to do the right thing and
vote for what is right for the City of Prattville.
MAYOR’S REPORT:
Mayor Gillespie thanked Councilor Boone for kicking off the Independence Day Celebration
with the Pops and Chorus’ Patriotic Concert at the Doster Center. The Mayor thanked all who
made the event such a success. During that event, different branches of services were
recognized. Mayor Gillespie thanked Councilor Starnes for his service, and others who have
served or will be serving.
The Mayor expressed pride in how City employees come together during difficult times. The
City has been able to rebound from tough economic times thanks to its employees and citizens.
City departments have grown; investments have been made in City facilities. Employees, the
Council, and citizens have pulled together to make our community great. We do not need to let
our differences separate us.
The Mayor invited all to attend the 4th of July events. The parade will kick off at 9:00 a.m., the
Lions Club BBQ will begin at 10:00 a.m., and the cardboard boat races start at 10:30 a.m.
Stanley Jensen Stadium will open at 6:00 p.m. for a free concert, with food vendors and a
children’s play area. Fireworks will close out the evening at dark.
Several years ago, mother nature threw some curveballs on Independence Day and several
communities cancelled their fireworks programs. Prattville stayed past the designated hour and
had a great program. This year will be our 30th anniversary of fireworks programs. This might
be one of the last years for our bigger fireworks program due to difference challenges. The
fireworks program may have to be relocated or be downsized. This is one of the things that
helps bring quality of life to our community.
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Agenda Item #3 is another step in reducing the overall debt load for the City of Prattville. The
recommendation is to call the 2025 maturities of the 2013A General Obligation Refunding
Warrants, as well as the 2025 and 2026 maturities of the 2014 General Obligation Refunding
Warrants. This will result in paying off $3,850,000.00 in principal early and will result in interest
expense savings of approximately $625,000.00. Mayor Gillespie personally thanked Finance
Daniel Oakley for his time and hard work. The Mayor also thanked Department Heads for
monitoring their budgets and continuing to be fiscally responsible and being efficient and
effective.
Coming to the elected arena in 2004, Mayor Gillespie saw areas where the City could
streamline and improve efficiency. Department Heads and employees have stepped up to the
plate, and this City is run very efficiently. The City is looking at applying for a $13.8 million grant
to improve the opportunity to widen McQueen Smith Road. There should be more information
in the fall.
The 10th Street drainage improvements project and paving are well underway. Please use
caution in the area.
The next Creekwalk Concert featuring American Dream Factory will be held on Tuesday, July
9, 2019 at 6:30 p.m. This is another quality of life event.
The 4th of July is a big event in the City of Prattville and means so much to the citizens. As this
year officially marks thirty years of fireworks, Mayor Gillespie encouraged all to be present for
one of the biggest and best fireworks shows to date.
REPORT FROM COUNCIL ON SPECIAL COMMITTEES: None
CONSENT AGENDA:
1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11,
Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes)
RESOLUTION BOOK 2019, PAGE 084
2. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their
Abatement and Set a Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975,
as Amended. (Sponsored By: Councilor Starnes)
RESOLUTION BOOK 2019, PAGE 085
3. RESOLUTION: To Surplus Mobile Devices from the Information Technology Department.
(Sponsored By: Councilor Strichik)
RESOLUTION BOOK 2019, PAGE 086
Council President Pro Tempore Brown made a motion to place Items # 1-3 on a Consent
Agenda and Councilor Jackson seconded the motion. There being no discussion, the items
were placed on a Consent Agenda (7-0). Councilor Starnes made a motion to adopt the
Consent Agenda and Councilor Boone seconded the motion. There being no discussion, the
Consent Agenda was adopted with the following results:
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AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
AGENDA:
1. ORDINANCE: To Rezone Property Located at Old Farm Lane South and Vista Point Blvd.
from B-2 (General Business) to R-4 (Multi-Family) (Petitioner: MVAH Holding, LLC).
(Sponsored By: Councilor Cables)
HELD FROM MAY 7 AND JUNE 4, 2019
ORDINANCE BOOK 2019, PAGE 010
This ordinance was held over from the May 7 and June 4, 2019 City Council meetings.
Councilor Cables stated that he listens to all who contact him and respects those opinions. This
has been a rough couple of months, but while moving through this process, he has heard from
both sides of the issue. He has talked with as many in the community as possible and tried to
disseminate the information. Councilor Cables added he is humbled and honored to serve.
Councilor Starnes thanked each and every person who spoke tonight and expressed their
concerns for the City. As Councilor Jackson mentioned, when the School Committee was
formed, members saw a shortfall for the City of Prattville and sought the best solution for the
City of Prattville. Councilor Starnes stated that he clearly sees that citizens do not want
apartments in this location. This Council is ready for growth, but the right growth for the City of
Prattville.
Councilor Starnes requested a roll call vote:
Council President Striplin Aye
Councilor Jackson Aye
Council President Pro Tempore Brown Aye
Councilor Starnes Nay
Councilor Cables Aye
Councilor Strichik Aye
Councilor Boone Nay
The ordinance was adopted with a vote of (5-2).
2. RESOLUTION: To Authorize the Mayor to Enter into a Contract for Electric Service with
Alabama Power for the Pine Creek Wastewater Treatment Plant. (Sponsored By: Council
President Striplin)
RESOLUTION BOOK 2019, PAGE 087
Councilor Strichik made a motion to adopt the resolution and Councilor Cables seconded the
motion. There being no discussion, the resolution was adopted with the following results:
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AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
3. RESOLUTION: To Amend the FY2019 Budget and to Authorize the Release of Funds to
Call Certain Maturities of the 2013A and 2014 General Obligation Refunding Warrants in the
Amount of $3,850,000.00, Plus Accrued Interest. (Sponsored By: Council President Striplin)
RESOLUTION BOOK 2019, PAGE 088
Councilor Starnes made a motion to adopt the resolution and Councilor Boone seconded the
motion. There being no discussion, the resolution was adopted with the following results:
AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
4. RESOLUTION: To Release Funds for the Purchase of One (1) Z Master Toro MyRide
Commercial Lawn Mower from Prattville Outdoors for the Urban Management Division at a
Cost Not to Exceed $12,410.00. (Sponsored By: Councilor Boone)
RESOLUTION BOOK 2019, PAGE 089
Councilor Boone made a motion to adopt the resolution and Councilor Strichik seconded the
motion. There being no discussion, the resolution was adopted with the following results:
AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
5. RESOLUTION: To Set a Public Hearing to Rezone Property Located at McQueen Smith
Road from PUD (Planned Unit Development) to B-2 (General Business) (Petitioner: DHS
Holding-3, Inc. Representative: Joe Turner). (Sponsored By: Councilor Cables)
RESOLUTION BOOK 2019, PAGE 090
Councilor Cables made a motion to adopt the resolution and Councilor Jackson seconded the
motion. There being no discussion, the resolution was adopted with the following results:
AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
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NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
Councilor Cables introduced the ordinance printed in Resolution Book 2019, Page 090.
Councilor Cables made a motion to adopt the ordinance and Councilor Strichik seconded the
motion. By point of order, this ordinance was held until its Public Hearing on August 6, 2019.
6. RESOLUTION: To Set a Public Hearing to Zone Property Located at Old Farm Lane and
Covered Bridge Parkway (Parcel 19) to FAR (Forest, Agricultural, Recreational) (Petitioner:
City of Prattville/Owners: Alice Avant Wilson & Brentwood Landing II Apartments, LTD).
(Sponsored By: Council President Pro Tempore Brown)
RESOLUTION BOOK 2019, PAGE 091
Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor
Jackson seconded the motion. There being no discussion, the resolution was adopted with the
following results:
AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
Council President Pro Tempore Brown introduced the ordinance printed in Resolution Book
2019, Page 091. Council President Pro Tempore Brown made a motion to adopt the ordinance
and Councilor Jackson seconded the motion. By point of order, this ordinance was held until
its Public Hearing on August 6, 2019.
7. RESOLUTION: To Set a Public Hearing to Zone Property Located at Old Farm Lane and
Covered Bridge Parkway (Parcel 24) to FAR (Forest, Agricultural, Recreation) (Petitioner: City
of Prattville/Owners: Alice Avant Wilson and Brentwood Landing II Apartments, LTD.).
(Sponsored By: Council President Pro Tempore Brown)
RESOLUTION BOOK 2019, PAGE 092
Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor
Cables seconded the motion. There being no discussion, the resolution was adopted with the
following results:
AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
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Council President Pro Tempore Brown introduced the ordinance printed in Resolution Book
2019, Page 092. Council President Pro Tempore Brown made a motion to adopt the ordinance
and Councilor Jackson seconded the motion. By point of order, this ordinance was held until
its Public Hearing on August 6, 2019.
8. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 105-Buildings and
Building Regulations, Article 1-In General, Section 105-26 Schedule of Permit Fees.
(Sponsored By: Council President Striplin)
ORDINANCE BOOK 2019, PAGE 011
Councilor Jackson made a motion to adopt the ordinance and Council President Pro Tempore
Brown seconded the motion. By point of order, it is necessary that the council rules be
suspended if immediate action is to be considered. Councilor Boone made a motion to suspend
the rules and Councilor Strichik seconded the motion. The rules were suspended (7-0). There
being no discussion, the ordinance was adopted with the following results:
AYES : STRIPLIN, JACKSON, BROWN,
STARNES, CABLES, STRICHIK,
BOONE 7
NAYS : NONE 0
ABSTAINED : NONE 0
ABSENT : NONE
COMMENTS FROM PERSONS PRESENT:
Richard Harrison, 121 Irma Drive, stated that did not speak for or against the apartments
tonight. Over the last two months, comments have been made on social media and have
caused division. Without trust, knowledge loses it value. The leadership as a whole does not
have the confidence or the trust of the citizens.
Patrick Lucas, __________, stated that he was appalled and offended by previous comments.
This issue should have never gotten to this point. The Representative talked about facts being
turned around; a fact cannot be changed.
Jon Lee Finnegan, 211 Deer Trace, stated that over the last three months, the Council has
gone into executive session three times. Ms. Finnegan discussed infrastructure developments
and economic development abatements for MVAH projects in other states. Ms. Finnegan
added that she hopes that this Council will not provide any abatements for this private project.
Ms. Finnegan stated she believes this vote is tremendously hurtful to the City and she is terribly
disappointed in the Council. Ms. Finnegan thanked Councilors Starnes and Boone.
Kyle Glover, 565 Wetumpka Street, stated that he was not disappointed in vote for or against.
This meeting was the republic in action. The yes votes held up the tenants of capitalism. The
market has to determine this; we should not be governed by emotion, but by fact. Mr. Glover
expressed appreciation to the Councilors who sought facts, listened to facts, and had the
courage to vote the facts.
Robert Robinson, Jr., 118 Cosby Court, thanked the Council for voting their convictions.
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CLOSING COMMENTS:
Mayor Gillespie thanked all who came out tonight. There are so many people who love this
community. This issue has created a divide; hopefully the healing will begin. The Mayor
thanked employees for their hard work and dedication. Mayor Gillespie thanked Councilor
Boone for bringing out the fact that board members are volunteers that love this community.
Trust is something that is earned.
Councilor Jackson noted that we need to take the time to reflect and come back together as a
great community. Various and different opinions have been expressed. The sun never quits
shining, sometimes clouds get in the way. This vote has put a cloud over our community, but
now is the time for healing and progress. President Lincoln stated that those who deny freedom
to others deserve it not for themselves. We live in a free country with the freedom to express
thoughts and views. As a proud citizen of Prattville, Councilor Jackson saluted the people who
lost their lives to make this country great and wished all a safe and bless 4th of July.
Councilor Starnes thanked all again for expressing their concerns and their passion for the City
of Prattville. He urged all to keep fighting for what they believe and to keep serving the City of
Prattville.
Councilor Cables wished everyone a safe and happy 4th of July and hopes to see everyone at
the City events.
Councilor Strichik noted that Thursday is Independence Day. Our founding fathers fought to
allow us to have forums like tonight; an elected panel will not always agree. Councilor Strichik
noted that Fire, Police, Parks & Recreation Departments and Public Works/Sanitation Division
employees will be working on the 4th of July. Councilor Strichik encouraged all to thank these
employees for their hard work and dedication.
Council President Striplin expressed appreciation for all the comments from Councilors, and
especially the passion of those present for our community.
ADJOURN:
There being no further business to come before the council, Councilor Strichik made a motion
to adjourn and Councilor Cables seconded the motion. The meeting adjourned (7-0) at 7:39
p.m.
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APPROVED:
___________________________
Cathy Dickerson
City Clerk
___________________________
Albert Striplin, President
Prattville City Council