Minutes 2020-05-191
PRATTVILLE CITY COUNCIL
CITY COUNCIL MINUTES TUESDAY, MAY 19, 2020 6:00 P.M. The Prattville City Council met in regular session on Tuesday, May 19, 2020, at 6:00 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 Jackson was reported as being absent. THE CHARACTER TRAIT OF THE MONTH IS DETERMINATION: Overcoming obstacles to
achieve a goal.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting May 5, 2020. Councilor Strichik made a motion to adopt the minutes and Councilor Cables seconded the motion. With no discussion, the minutes were adopted (6-0).
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Harvey Russell, 588 Lower Kingston Road, addressed the Council regarding Item #3 on the regular agenda, an ordinance regarding the sale of draft beer. Mr. Russell is the owner of Carl’s Country which is located in Prattville’s police jurisdiction. In March his business was forced to
shut down due to the COVID-19 pandemic. They were able to reopen in April and draft beer made up 50% of their sales at that time. Passing this ordinance would potentially take away Mr. Russell’s right to sell draft beer. Mr. Russell asked that the Council table this item until after the pandemic, when things hopefully get back to normal for local businesses.
Councilor Starnes asked Mr. Russell if had been serving draft beer and Mr. Russell responded yes. Councilor Cables asked Mr. Russell if anyone from the County had spoken with him and Mr. Russell responded that the Mayor and Sheriff had reached out him to tell him he could not sell
draft beer. Mr. Russell requested that either the Mayor or Sherriff request an Attorney General’s opinion to help interpret the law. Neither Mayor nor Sheriff has done so. Lia Muir, 301 Wetumpka Street, addressed the Council regarding Item #6 on the Consent Agenda regarding the curfew put in place due to the COVID-19 pandemic. Mrs. Muir is the
owner of Kimberlia’s which is a restaurant located in downtown Prattville. Mrs. Muir requested that the council lift the curfew all together, instead of just amending it. The curfew has caused Mrs. Muir to lose business. Mrs. Muir also requested to be allowed to serve alcohol outside. Jon Lee Finnegan, 211 Deer Trace, wanted to let the Council know that she was in favor of
Consent Agenda Item #4, a resolution to make application for sidewalk improvements and #5, a resolution to surplus a park beach to Michelle Lunsford. Mrs. Finnegan asked if the City would post which streets would be paved in relation to Item #2 on the regular agenda, a resolution for the 2020 Various Street Resurfacing Project.
Michelle Lunsford, 15 Pecan Circle, Millbrook, addressed the Council regarding the City owned park bench along the creek walk referenced in Consent Agenda Item #5. Ms. Lunsford and her
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fiancé had their first date in Prattville which ended at the creek walk on that same park bench.
Since that day they have recreated that moment returning to the park bench. Ms. Lunsford was
eventually proposed to on that same bench, and would like to gift the bench to her soon to be husband as a wedding present. Ms. Lunsford shared the letter that she planned to give her fiancé along with the bench, if the Council approved the resolution.
MAYOR’S REPORT:
Mayor Gillespie congratulated the graduating Class of 2020. Governor Ivey will hold a press conference with more information tomorrow at 1:30 p.m.
regarding COVID-19 and the Safer at Home Order.
City of Prattville departments have adapted exceptionally to providing city services during the
COVID-19 pandemic. The City will continue to adapt as changes are made by the Alabama
Department of Public Health and Governor Ivey. The Mayor hopes everyone will continue to
support local businesses in a safe manner as Alabama re-opens.
The Upper Kingston and Martin Luther King Drive repaving project will be let on May 29, 2020.
Item #1 on the regular agenda will approve the Construction and Engineering Inspection
Services Agreement that will allow this project to move forward.
Item #2 on the regular agenda will approve the engineering services for 2020 Various Street
Resurfacing Projects. The Mayor expressed his appreciation for City Engineer Robby
Anderson and Finance Director Daniel Oakley for working together to identify $750,000.00 for
paving in the City of Prattville. The City is continuing to implement paving projects in a manner
consistent with the pavement ratings as established in the 2018 pavement management
evaluation. Previous scorings are combined with current evaluations to develop current year
priorities. Any immediate concerns should be forwarded to Robby Anderson for evaluation. The
Mayor hopes to provide the Council a paving list as soon as next week from the Engineering
Department.
The 2021 BUILD application for the McQueen Smith Road widening project has been
submitted. The Mayor will keep the Council informed as more information becomes available
during the grant process.
Department Heads are diligently monitoring every purchase for their departments. The
Departmental Reserves Fund will play a critical role as the City navigates through the pandemic
of COVID-19.
Mayor Gillespie asked that the Council move forward with the draft beer and fireworks
ordinances, stating that they are simply housekeeping. It is important to continue to review and
update ordinances as needed.
With only a few months left in the quadrennium, the Mayor asked that the Council consider
reviewing and modernizing the City’s lateral sewer lines through the LRAP program. He also
asked that they review the sidewalk ordinance for the City of Prattville.
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The Mayor asked the Council to entertain a moratorium on apartments and Air BNBs until the
comprehensive plan is complete.
In honor of Memorial Day, there will be a virtual wreath-laying ceremony that will post on
Monday at 11:00 a.m. on the City of Prattville social media accounts. The Mayor expressed his
appreciation to the American Legion Post 122 and the VFW Post 1349 for working with the City
of Prattville to honor our nation’s veterans. Tomorrow the census banners will be replaced with
the American Flag Banners.
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
Councilor Starnes reported that the Police and Fire Committees met on May 15, 2020 at 10:00
a.m. The committees discussed draft beer, fireworks, code enforcement, the curfew, and the budget. REPORT ON STATUS OF CITY FINANCES:
Finance Director Daniel Oakley presented the finance reports for April 2020. The General Fund
Revenue report showed that year-to-date revenue was $25,410,177.07, an increase of 4.02% in comparison to the prior year. The Tax Breakdown Comparison report showed revenue decreased by 6.66% in comparison
to the prior year. The funds collected in April were for March sales.
The Expenses by Department report showed that with 58.33% of the budget year complete, overall expenses were at 58.17%.
The Wastewater Enterprise Fund Income Statement showed a net income from operations of
$278,265.92 for April 2020. Operating expenses were at 50.68% and overall expenses were at 47.63%, excluding capital projects and the plant expansion project expenses. The Sanitation Enterprise Fund Income Statement showed a net loss of ($114,648.00) for April
2020. This was due in part to increased tipping fees during the month which were caused by
the Governor’s Stay at Home order and the Clean City Sweep program. Operating expenses were at 67.51% and overall expenses were at 66.10%. The Judicial Special Revenue Fund Income Statement showed a net loss of ($119,042.15) for
April 2020. This was due to the quarterly Metro Jail payment in the amount of
$141,387.60. Expenses were slightly below budget at 55.89%. The Departmental Reserves Fund showed a total cash balance of $2,556,628.38 as of April 30, 2020. Mr. Oakley explained that approximately $1.8 million had been moved from the
General Fund Operating account to the Departmental Reserves Fund account following the
completion of the FY2019 audit. $1.8 million is the cash balance remaining at fiscal year end less liabilities and encumbrances. The total cash balance City-wide at the end of April was $25,417,058.53.
The City-Wide Accounts Payable and Debt Balances report showed total debt at
$50,239,297.75, including total non-enterprise debt at $18,353,600.94, as of April 30, 2020.
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CONSENT AGENDA:
1. 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)
2. RESOLUTION: To Surplus Various Equipment from the Vehicle Maintenance Department.
(Sponsored By: Councilor Jackson) 3. RESOLUTION: To Submit the 2019 Municipal Water Pollution Prevention (MWPP) Annual Reports for the Pine Creek and Autauga Creek Wastewater Treatment Facilities to the Alabama
Department of Environmental Management (ADEM). (Sponsored By: Council President
Striplin) 4. RESOLUTION: To Authorize Application to the Alabama Department of Transportation (ALDOT) for the FY2021 TAP Program for Sidewalk Improvements to Bridge Street from Maple
Street to W. Main Street, Including the Pedestrian Bridge. (Sponsored By: Council President
Pro Tempore Brown) 5. RESOLUTION: To Surplus One Park Bench from the Parks and Recreation Department. (Sponsored By: Councilor Boone)
6. RESOLUTION: To Amend the Public Safety Curfew for the City of Prattville Established on
April 3, 2020 to Mitigate the Spread of Infectious Diseases Due to the COVID-19 Pandemic to
Between the Hours of Midnight and 5:00 a.m. Seven Days Per Week. (Sponsored By: Councilor
Strichik)
Councilor Boone made a motion to place items #1-6 on a Consent Agenda and Councilor
Cables seconded the motion. The items were placed on a Consent Agenda (6-0). Councilor
Strichik made a motion to adopt the Consent Agenda and Councilor Cables seconded the motion. Councilor Starnes made comments regarding Item #6 to amend the curfew. Councilor Starnes explained that the Public Safety Committee had taken the health and safety of citizens businesses and first responders into consideration when discussing this issue. Although he
understands that some were upset with the curfew, he reminded everyone that it was for the
greater good. Councilor Starnes also pointed out that Montgomery is currently a “hotspot” for the virus. There being no further discussion, the Consent Agenda was adopted with the following results:
AYES : STRIPLIN, BROWN, STARNES, CABLES, STRICHIK, BOONE BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0
ABSENT : JACKSON
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AGENDA:
1. RESOLUTION: To Authorize the Mayor to Enter into an Agreement for Construction, Engineering and Inspection Services with Civil Southeast, LLC for ALDOT Project No. STPMN-0118(252) for Resurfacing on Upper Kingston Road from 7th Street to Prattville City Limits (Site 1) and Widening and Resurfacing on Martin Luther King, Jr. Drive from 7th Street to Powell
Road (Site 2) for the Engineering Department at a Cost Not to Exceed $130,000.00 (Net Cost
to the City Not to Exceed $26,000.00). (Sponsored By: Council President Pro Tempore Brown) 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, BROWN, STARNES, CABLES, STRICHIK, BOONE BOONE 6
NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON 2. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast,
LLC for Engineering Services for the 2020 Various Street Resurfacing Project for the
Engineering Department at a Cost Not to Exceed $25,000.00. (Sponsored By: Council President Pro Tempore Brown) Council President Pro Tempore Brown made a motion to adopt the resolution and Councilor
Starnes seconded the motion. There being no discussion, the resolution was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES, CABLES, STRICHIK, BOONE
BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON
3. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 6-Alcoholic Beverages, Section 6-9 – Sale of Draft Beer for On-Premises Consumption Only by Retail Licensees. (Sponsored By: Councilor Starnes) Councilor Starnes made a motion to adopt the ordinance and Councilor Boone seconded the
motion. By point of order, it is necessary that the council rules be suspended if immediate action is to be considered. Councilor Cables made a motion to suspend the rules and Councilor Strichik seconded the motion. The rules were suspended (6-0). Councilor Starnes added that Act 2013-297 authorized the City Council to adopt an ordinance to authorize the sale of draft beer for on-premises consumption only by retail licensees of the ABC Board. On June 4, 2013,
the City Council adopted an ordinance to allow the sale of draft beer for on-premises consumption only by retail licensees of the ABC Board within the corporate limits of the City.
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On June 18, 2013, the City Council amended the adopted ordinance to allow the sale of draft
beer for on-premises consumption only by retail licensees of the ABC Board within the
corporate limits and police jurisdiction of the City. A question arose if the enabling legislation is applicable in the police jurisdiction. The City did more research and reached out to the Alcoholic Beverage Control Board for clarification. Amending the code section to remove the police jurisdiction will comply with the enabling legislation. There being no further discussion,
the ordinance was adopted with the following results:
AYES : BROWN, STARNES, CABLES, STRICHIK, BOONE 5 NAYS : STRIPLIN 1
ABSTAINED : NONE 0 ABSENT : JACKSON 4. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 26-Fire Prevention and Protection, Article II-Fire Prevention Code, Division 5-Fire Precautions, Section 126-165.-
Sale, Purchase, Possession, and Explosion of Fireworks and Pyrotechnics. (Sponsored By:
Councilor Starnes) 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 Cables made a motion to suspend the rules and Councilor Strichik seconded the motion. The rules were suspended (6-0). There being no discussion, the ordinance was adopted with the following results: AYES : STRIPLIN, BROWN, STARNES,
CABLES, STRICHIK, BOONE BOONE 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : JACKSON
COMMENTS FROM PERSONS PRESENT: Harvey Russell, 588 Lower Kingston Road, asked the Council if they had removed the Police Jurisdiction from the ordinance which allows the sale of draft beer in the City. Councilor Starnes replied yes, that is what was done. Mr. Russell asked what that would mean for his business.
Councilor Starnes replied that, to his understanding, Mr. Russell would need to follow Autauga County’s guidelines. Mr. Russell replied that he was under the City’s legislation not the County’s. He asked if the Council would have done something like this to the paper mill, which is also in the police jurisdiction. Mr. Russell continued that if the Council is going to change ordinances that affect his business only, they would need to do it to the mill as well.
Jon Lee Finnegan, 211 Deer Trace, addressed the Council regarding Centerpointe’s plan to relocate to McQueen Smith Road. Ms. Finnegan is for the church building in that location, however, there is a plan to have a path from the back of the church to Overlook Park. Ms. Finnegan believes that this path would invite illegal activity, since it will be hidden.
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Mr. Russell addressed the Council again to inform them that the Sheriff if would be requesting
an Attorney Generals opinion to interpret the law as it pertains to his business. He asked if he
could continue to sell until they get that opinion, so that he may get rid of the product he had on hand. He asked whether or not he would be breaking any laws if he continued to sell. Councilor Starnes recommended that Mr. Russell get clarification from the ABC Board. Mr. Russel responded that he is licensed to sell draft beer through the ABC Board. Mr. Russell
asked if he could legally sell draft beer as long as he was licensed by the ABC Board to do so.
David McDowell informed the Council that Mr. Russel did not have the right to sell draft beer just because he had an ABC License to do so. Lia Muir addressed the council again and explained that she was also in compliance with the
ABC Board, but the City wouldn’t allow her to serve on the sidewalk.
CLOSING COMMENTS: Council President Pro Tempore Brown has served the city that she loves form more than 8 years as a council member. At this time in their lives, her and her husband have decided to
downsize, which in turn will mean moving out of District 3. Council President Pro Tempore
Brown announced that she would not be seeking re-election in 2020. Council President Striplin thanked all for their attendance.
ADJOURN: There being no further business to come before the council, Councilor Boone made a motion to adjourn and Councilor Cables seconded the motion. The meeting adjourned (6-0) at 6:56 p.m.
APPROVED: ___________________________ Cathy Dickerson
City Clerk ___________________________ Albert Striplin, President
Prattville City Council SUBMITTED BY:
___________________________ Jamie-Lynn Clayton Assistant City Clerk