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Minutes 2021-05-181 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, MAY 18, 2021 6:22 P.M. The Prattville City Council met in regular session following the Work Session and Public Hearing on Tuesday, May 18, 2021, at 6:22 p.m. in the Council Chamber at City Hall. After the Pledge of Allegiance to the American Flag, Council President Starnes gave the invocation. Roll was called and all Councilors were present. THE CHARACTER TRAIT OF THE MONTH IS ENTHUSIASM: Expressing joy in each task as I give it my best effort. APPROVAL OF MINUTES: Work Session, Public Hearing and City Council Meeting May 4, 2021. Council President Pro Tempore Boone made a motion to adopt the minutes and Councilor Strichik seconded the motion. With no discussion, the minutes were adopted (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: MAYOR’S REPORT: This morning, Dale Gandy was presented a proclamation declaring this week Public Works Week. Thanks to our Sanitation, Urban Management, Wastewater, Vehicle Maintenance and Facilities Maintenance Divisions who make up the Public Works Department for their continued service to the community. Tornado Clean-Up Update: Sanitation is actively working the storm debris clean up. Due to the vast amount of storm debris from the tornado, please be patient as crews will have delays in trash service as they are cleaning up numerous areas with storm damage. They are working as quickly as possible to get all the storm debris cleaned up. The efforts of all of the departments stepping up and working together on the clean-up efforts are appreciated. We are blessed that our community only had material damage, and only one very minor injury in Autauga County. Our First Responders immediately jumped into action responding to over 300 calls. It is in times like this that our community shines the brightest. Neighbors have been helping neighbors, and volunteers from all over have stepped up to help our community. Thanks to everyone that has helped in the aftermath of the EF-1 tornado. The City of Prattville has been selected to host the state baseball tournament for the 9-10 year old and 11-12 year old divisions at Whetstone Complex. This will bring numerous teams into our community for this event. The Parks and Recreation Department is hosting several other tournaments this year and had a very successfully tournament last weekend. We look forward to welcoming these teams into the community. Make plans to join the Downtown Merchants and City of Prattville for the “Cruisin with the Oldies” Sunday from 2-5 p.m. Drive your vintage car to put on display or just come down and enjoy the music, vintage cars, and shopping throughout Downtown. 2 The American Legion Memorial Day Ceremony is scheduled for 11:00 a.m. on Monday, May 31st at the Courthouse. Be on the lookout for the Military Banners that will be put on display over the next week to honor the memory of those who have served. Also, Save the Date for the first Farmers Market of the season on Saturday June 5, 2020, and the Parks and Recreation Department is actively planning the 4th of July Independence Day Celebration. It is nice to have events getting back on schedule for everyone to enjoy. Weather permitting paving on Main Street will begin June 1st and Main Street should be back open by June 4th. This project will move into the next phase and future closures will be posted on Social Media. Also, please keep an eye out for construction to begin on the new roundabout at Maple and Bridge Street in June. This project will begin after Main Street is back open. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Council President Starnes reported the Police Committee had a meeting on May 11, 2021 to discuss equipment, lounge license, hiring, golf carts, food trucks, PJ reducing, vehicle needs and clarification on Code Enforcement duties. FINANCE REPORT: Daniel Oakley provided the following report on City Finances for April 2021: • General Fund Revenue Report o $3,770,258.95 – total revenue collected in April o $29,388,436.17– total revenue collected fiscal year to date • Tax Breakdown Comparison Report o $3,385,266.17– tax revenue collected in April o 30.90% - increase over April 2020 • General Fund Expenditures Report o 58.33% - portion of fiscal year completed o 58.84% - portion of budgeted expenditures incurred to date • Wastewater Fund Income Statement o $396,738.04 – net income from operations for April o 58.33% - portion of fiscal year completed o 47.55% - portion of budgeted expenses incurred to date (excludes capital projects) • Sanitation Fund Income Statement o $73,488.36 – net income for April o 58.33% - portion of fiscal year completed o 46.89% - portion of budgeted expenses incurred to date • Judicial Fund Income Statement o $70,966.69 - net income for April o 58.33% - portion of fiscal year completed o 53.49% - portion of budgeted expenditures incurred to date • Bank Balances Report o $34,791,116.40 total of all bank balances at the end of April • Accounts Payable & Debt Balances Report 3 o $52,350,307.64 – total debt balance city-wide at end of April o $18,892,264.92 – total non-enterprise fund debt at end of April 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: Council President Starnes) RESOLUTION BOOK 2021, PAGE 083 2. RESOLUTION: To Submit the 2020 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: Councilor Striplin) RESOLUTION BOOK 2021, PAGE 084 3. RESOLUTION: To Set a Public Hearing to Declare Stagnant Water at 122 Lina Drive to Be Unsafe and a Public Nuisance Pursuant to Section 46-6, City of Prattville Code of Ordinances. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 085 Councilor Strichik made a motion to place items #1-3 on a Consent Agenda and Councilor Jackson seconded the motion. The items were placed on a Consent Agenda (7-0). Councilor Gornto made a motion to adopt the Consent Agenda and Councilor Chambers seconded the motion. There being no discussion, the Consent Agenda was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 AGENDA 1. ORDINANCE: To Rezone Property Located at the Northeast corner of Old Farm Lane South & Vista Point Blvd from R-4 (Multi-Family Residential) to B-2 (General Business) (Petitioner: City of Prattville). (Sponsored By: Councilor Gornto) HELD FROM APRIL 6, APRIL 20, & MAY 4, 2021 ORDINANCE BOOK 2021, PAGE 009 There being no discussion, the Ordinance was adopted with the following results: AYES : CHAMBERS, STARNES, GORNTO, BOONE 4 NAYS : STRIPLIN, JACKSON, STRICHIK 3 ABSTAINED : NONE 0 ABSENT : NONE 0 2. ORDINANCE: To Rezone Property Located at the Southeast corner of Summit Parkway 4 and Fairview Avenue from FAR (Forest, Agricultural & Recreation) to B-2 (General Business) (Owner/Petitioner: Tom Allen/The Broadway Group, LLC). (Sponsored By: Councilor Striplin) HELD FROM APRIL 6, APRIL 20, & MAY 4, 2021 There being no discussion, the Ordinance failed with the following results: AYES : STRIPLIN, JACKSON 2 NAYS : CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 5 ABSTAINED : NONE 0 ABSENT : NONE 0 3. ORDINANCE: To Rezone Property Located at 202 Nisbett Court from B-2 (General Business) to R-4 (Multi-Family Residential) (Petitioner: Pine Creek Apartments, Ltd./Representative: Barrett-Simpson, Inc.). (Sponsored By: Council President Starnes) HELD FROM APRIL 6, APRIL 20, & MAY 4, 2021 ORDINANCE BOOK 2021, PAGE 011 There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, STRICHIK, BOONE 6 NAYS : NONE 0 ABSTAINED : GORNTO 1 ABSENT : NONE 0 4. ORDINANCE: To Rezone Property Located at 987 East Main Street from R-2 (Single Family Residential) to O-1 (Office District) (Petitioner: Juanita Jones). (Sponsored By: Councilor Strichik) HELD FROM APRIL 6, APRIL 20, & MAY 4, 2021 ORDINANCE BOOK 2021, PAGE 012 There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : JACKSON 0 ABSTAINED : NONE 0 ABSENT : NONE 0 5. ORDINANCE: To Rezone Property Located at the Northeast Corner of Old Farm Lane South & Vista Point Blvd from R-4 (Multi-Family Residential) to B-2 (General Business) (Petitioner: BVCV High Point, LLC). (Sponsored By: Councilor Gornto) HELD FROM APRIL 6, APRIL 20, & MAY 4, 2021 HELD OVER BY COUNCIL Councilor Gornto made a motion to hold this Ordinance to consult with legal counsel regarding overlapping issues, seconded by Council President Pro Tempore Boone was amended to hold over with the following results: 5 AYES : CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 5 NAYS : STRIPLIN, JACKSON 2 ABSTAINED : NONE 0 ABSENT : NONE 0 6. ORDINANCE: To Pre-Zone Property Located Outside the City Limits off Old Ridge Road west of Glennbrooke 8 to R-3 (Single Family Residential) (Petitioner: David L. Avant/Diane R. Avant). (Sponsored By: Councilor Chambers) HELD FROM APRIL 6, APRIL 20, & MAY 4, 2021 ORDINANCE BOOK 2021, PAGE 014 There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 7. ORDINANCE: Petition for Annexation of Glennbrooke 8 Extension (Petitioner: David L. Avant/Diane R. Avant). (Sponsored By: Councilor Chambers) ORDINANCE BOOK 2021, PAGE 015 Councilor Chambers made a motion to adopt the Ordinance and Councilor Strichik seconded the motion. By point of order, it is necessary that the Council rules be suspended if immediate action is to be considered. Councilor Strichik made a motion to suspend the rules and Councilor Jackson seconded the motion. The rules were suspended by a roll call vote (7-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 8. ORDINANCE: To Amend City of Prattville Code of Ordinances Chapter 38 Licenses, Taxation and Miscellaneous Business Regulations, Article V. Business Licenses and Taxes, Section 38-326. Public Utilities and Section 38-331. Exemptions. (Sponsored By: Council President Starnes) ORDINANCE BOOK 2021, PAGE 016 Council President Pro Tempore Boone made a motion to adopt the Ordinance and Councilor Strichik seconded the motion. By point of order, it is necessary that the Council rules be suspended if immediate action is to be considered. Councilor Strichik made a motion to 6 suspend the rules and Councilor Chambers seconded the motion. The rules were suspended by a roll call vote (7-0). There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 COMMENTS FROM PERSONS PRESENT: Jon Lee Finnegan, 211 Deer Trace, addressed the Council to ask what the voting result was for Ordinance one, and why the four Councilors voted to adopted the Ordinance? Councilor Gornto responded, there were several folks here tonight that were against rezoning that property. He felt that those who spoke in opposition to this Ordinance did not have the best interest of District 5 in mind. He has not heard one person, in his district, say that they support any multifamily dwellings in his district. He will continue to fight for their interests. Council President Starnes responded, during to the comprehensive plan for 2040 the public stated that they do not want any more apartments at this time. Council President Pro Tempore Boone, responded that she considers what the city departments say when making a decision. The reason for her vote, is the input that has been coming to Council from various areas, not just what the constituents say, but looking at the big picture. And when they do, some of these other departments are also affected by the zoning that is chosen. And so, when zoning decisions are made it is an overall a holistic type of thing that is being looked at. It is more than just where you own property and personal rights. Decisions are not taken lightly, because no one wants the government telling them what to do with their property. But they do every day, the government makes restrictions on personal property. Councilor Chambers, responded he agrees with what the others have said and he has reached out to his constituents and has received their feedback. They have mentioned there are a lot of other folks, city folks, city employees and different businesses in town that have expressed concern over this. Jon Lee Finnegan, 211 Deer Trace (continued) She is suspicious as to why all the changes, and changes to the R-4 are being reconsidered as well. She is terribly disappointed in Council’s decision. However, she thanked them for their decision on Resolution number two. 7 Dave Burns, Prattville, addressed Council to be consider all departments, stating we all want new families and new business, thank you for considering what will this new challenge bring to what is here. He would really like that one cent to go to education. I know when you are thinking about these ordinances that are going to apartments that when you consider multi- family locations, that you continue to look morally at the big picture. Thank you. Dr. Gerald Cimis, 141 N. Chestnut Street, addressed Council stating he was confused regarding the rezoning decisions and reasons for each. Marianne Dillard, Prattville, addressed Council to share how she disagreed with their zoning decisions made for the Ordinances presented. Harvey Russell, 588 Lower Kingston Road, addressed Council to ask why they did not table Ordinance one with Ordinance five? Could they speak to the property owner before rezoning the property. Council Gornto responded Ordinance one encompassed the entire property, where Ordinance five were smaller pieces of property close to the roadway. CLOSING COMMENTS: Councilor Chambers – He would like to thank all the departments for their service with the tornado clean up. Thank Brittany for her presentation. Councilor Strichik – Thank you to all the first responders and departments for the clean-up, his house was also hit. He is for keeping the once cent tax for future endeavors. ADJOURN: There being no further business to come before the Council, Council President Pro Tempore Boone made a motion to adjourn and Councilor Strichik seconded the motion. The meeting adjourned (7-0) at 7:03 p.m. APPROVED: ___________________________ Lisa Terrill City Clerk ___________________________ Gerald “Jerry” Starnes, President Prattville City Council