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Minutes 2018-03-06 1 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, MARCH 6, 2018 6:05 P.M. The Prattville City Council met in regular session on Tuesday, March 6 2018, at 6:05 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 Councilor Strichik was recorded as being absent. THE CHARACTER TRAIT OF THE MONTH IS DECISIVENESS: Processing information and finalizing difficult decisions. APPROVAL OF MINUTES: Public Hearing and City Council Meeting February 20, 2018 and Special Called Meeting February 27, 2018 Councilor Boone made a motion to adopt the minutes and Councilor Cables seconded the motion. There being no discussion, the minutes adopted (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Jon Lee Finnegan, 211 Deer Trace, Prattville, addressed the Council regarding Agenda Item #3, a resolution to enter into an agreement with the Historic Prattville Redevelopment Authority (HPRA) and Pratt Cotton Gin Mill, LLC. Mrs. Finnegan expressed her opposition for this agreement in the event that there would be any costs to the City. Thea Langley, 220 1st Street, Prattville, addressed the council regarding Consent Agenda Item # 3, a resolution to appoint Joel McCord to the Historic Preservation Commission (HPC). As HPC President, Mrs. Langley requested support for this item. This vacancy is due to the passing of former HPC member Mr. Larry Smith. Mr. Smith was a fantastic and valuable member of the HPC. The HPC believes Mr. McCord will be a valuable addition to the board. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Council President Pro Tempore Brown reported that the Street Committee met on Thursday March 1, 2018. The committee discussed the realignment of Old Ridge Road and was updated on all ongoing projects. 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 2018, PAGE 023 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 2018, PAGE 024 2 3. RESOLUTION: To Appoint Joel McCord to the Historic Preservation Commission. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2018, PAGE 025 4. RESOLUTION: To Ratify and Affirm the Renewal of the Levy of 7 Mills Ad Valorem Tax in the City of Prattville. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2018, PAGE 026 5. RESOLUTION: To Authorize the Mayor to Enter into an Agreement for the Cooperative Maintenance of Public Right of Way with the Alabama Department of Transportation. (Sponsored By: Councilor Boone) RESOLUTION BOOK 2018, PAGE 027 Council President Pro Tempore Brown made a motion to place these items on a Consent Agenda and Councilor Jackson seconded the motion. There being no discussion, the items were placed on a Consent Agenda (6-0). 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: AYES : STRIPLIN, JACKSON, BROWN, STARNES, CABLES, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK AGENDA: 1. RESOLUTION: To Ratify and Affirm Authorization for Attorney Rob Riddle to Take Legal Action on Behalf of the City of Prattville Against Clement Contracting Group, LLC for Defaulting on an Agreement Regarding the Mac Gray Park Project, Phase I. (Sponsored By: Councilor Starnes) RESOLUTION BOOK 2018, PAGE 028 This Resolution was introduced at the February 20, 2018 City Council meeting. Councilor Cables made a motion to amend the Resolution and Councilor Starnes seconded the motion; said amendment is attached and made part of the official record. Councilor Starnes asked Councilor Cables if his intent was to designate attorney Rob Riddle as an additional attorney concerning the Mac Gray Park Project only, or for future litigation matters as well. Councilor Cables responded that the intent was to designate Mr. Riddle as an additional attorney to the City of Prattville for this project as well as future litigation matters. There being no further discussion, the amendment was approved with the following results: AYES : JACKSON, STARNES, CABLES, BOONE 4 NAYS : STRIPLIN, BROWN 2 ABSTAINED : NONE 0 ABSENT : STRICHIK 3 Council President Pro Tempore Brown made a motion to amend the Resolution and the motion died for lack of a second; said amendment is attached and made part of the official record. There being no further discussion, the Resolution containing the first amendment was adopted with the following results: AYES : JACKSON, STARNES, CABLES, BOONE 4 NAYS : STRIPLIN, BROWN 2 ABSTAINED : NONE 0 ABSENT : STRICHIK 2. RESOLUTION: To Set a Public Hearing to Rezone Property Located at the West End of Sydney Drive South and South of Glennbrooke 5 from R-2, Single Family Residential to R-3, Single Family Residential. (Sponsored By: Council President Pro Tempore Brown) RESOLUTION BOOK 2018, PAGE 029 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, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK Council President Pro Tempore Brown introduced the Ordinance printed in Resolution Book 2018, Page 029. Council President Pro Tempore Brown made a motion to adopt the Ordinance and Councilor Starnes seconded the motion. By point of order, the Ordinance will hold over until after the public hearing on April 3, 2018. 3. RESOLUTION: To Authorize the Mayor to Enter Into a Project, Development and Cooperation Agreement Between the Historic Prattville Redevelopment Authority (HPRA), Pratt Cotton Gin Mill, LLC, and the City of Prattville for the Purpose of Economic Development. (Sponsored By: Council President Striplin) HELD Until March 20, 2018 Council President Pro Tempore Brown made a motion to hold the Resolution and Councilor Jackson seconded the motion. There being no discussion, the resolution was held until March 20, 2018 with the following results: AYES : STRIPLIN, JACKSON, BROWN, STARNES, CABLES, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK 4 4. RESOLUTION: To Release Funds for the Purchase of One (1) StaCon Duplex Nema 4X Stainless Steel Control Panel from Jim House and Associates, Inc. for the County Road 4 Lift Station for the Wastewater Division at a Cost Not to Exceed $14,888.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2018, PAGE 030 Councilor Boone 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, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK 5. RESOLUTION: To Release Funds for the Purchase of One (1) Seepex BN 17-6LS Progressive Captivity Pump from Jim House and Associates, Inc. for the Autauga Creek Wastewater Treatment Facility at a Cost Not to Exceed $10,143.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2018, PAGE 031 Councilor Starnes made a motion to adopt the Resolution and Council President Pro Tempore Brown seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, STARNES, CABLES, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK 6. RESOLUTION: To Release Funds to Pierce Roofing, Inc. for the Reroofing of the Administrative Building at the Autauga Creek Wastewater Treatment Facility at a Cost Not to Exceed $25,500.00. (Sponsored By: Council President Striplin) RESOLUTION BOOK 2018, PAGE 032 Councilor Jackson 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, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK 5 7. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 46, Article V. – Weed Control, Division 1. - Generally, Sections 46-112, 46-113, and 46-114, and Division 2.- Weed Control Repeat Offenders, Section 46-114, to Decrease the Weed Height from 18-inches to 12-inches. (Sponsored By: Councilor Starnes) ORDINANCE BOOK 2018, PAGE 003 Councilor Starnes 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 Cables seconded the motion. The rules were suspended (6-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, JACKSON, BROWN, STARNES, CABLES, BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : STRICHIK MAYOR’S REPORT: Mayor Gillespie thanked the Council for their hard work and dedication to the City. The Mayor announced that he reserved his powers of termination and appointment pursuant to §11-43- 81, of the Code of Alabama 1972, as amended, and that he rescinds the termination of City Attorney David McDowell. COMMENTS FROM PERSONS PRESENT: Cindy McDowell, 204 Evergreen Street, Prattville, Mrs. McDowell addressed the Council concerning the amendment and adoption of Agenda Item #1, which authorized attorney Rob Riddle, as an additional City Attorney, to provide legal services to the City for “litigation matters and/or matters reasonably anticipated to lead to litigation.” Mrs. McDowell, a lawyer by trait, asked the Council how they would define litigation for the purposes of this resolution. She asked if they had considered how to determine which attorney would advise the City on new contracts. Mrs. McDowell expressed her concern that the way in which this matter was handled would only create issues down the road and would not be beneficial to the City. She urged the Council to fully examine these things and revisit. CLOSING COMMENTS: None ADJOURN: There being no further business to come before the council, Councilor Cables made a motion to adjourn and Council President Pro Tempore Brown seconded the motion. The meeting adjourned (6-0) at 6:37 p.m. 6 APPROVED: ___________________________ Cathy Dickerson City Clerk ___________________________ Albert Striplin, President Prattville City Council SUBMITTED BY: ___________________________ Jamie Ferrari Assistant City Clerk