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Minutes 2021-10-05 1 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, OCTOBER 5, 2021 6:13 P.M. The Prattville City Council met in regular session on Tuesday, October 5, 2021, at 6:13 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Council President Pro Tempore Boone gave the invocation. Roll was called with all Councilors present. Council President Starnes declared a quorum and called the meeting to order. THE CHARACTER TRAIT OF THE MONTH IS PUNCTUALITY: Showing respect for others by doing the right thing at the right time. APPROVAL OF MINUTES: Public Hearing and Council Meeting September 21, 2021. Councilor Strichik made a motion to adopt the minutes and Councilor Chambers seconded the motion. There being no discussion, the minutes were adopted (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Lenny Schaefer, owner of the property described in the resolution for item number 11 on the agenda, addressed the Council regarding de-annexing his property. Mr. Schaefer thanked Councilor Chambers for sponsoring the resolution and the Planning Department staff for their professionalism and help through the initial de-annexation process. Mr. Schaefer passed out a document to each Councilor outlining the history of the property. He purchased the property to build a family estate and there have been some challenges, mainly no City road or access to the property making it difficult for the City to provide services. Mr. Schaefer advised that de- annexation would allow him to pursue getting services from the county or private contractors. MAYOR’S REPORT: Mayor Gillespie was granted a Point of Privilege to introduce a video from the Prattville Fire Department as part of Fire Prevention Week. At the conclusion of the video, Mayor Gillespie reiterated the hard work put in by the Fire Department by going to schools and teaching fire prevention and safety and advised those efforts will continue. Mayor Gillespie advised that the month of October was Breast Cancer Awareness month and reminded everyone to take proactive measures and get screened for cancer. He also encouraged support to cancer survivors. Mayor Gillespie announced that the Alabama Department of Economic and Community Affairs is requesting all Alabama residents complete the broadband internet speed test. Data from the speed test will assist in evaluating gaps in service and future planning to mitigate issues. The link is available on the City’s website and Facebook page. Mayor Gillespie addressed the beer fence ordinance stating that department heads and Councilors have spent much time and effort to create legislation. He thanked them for their due diligence and looks forward to the outcome. He requested that the Council place some verbiage about signage that designates areas, entrances and exits. Mayor Gillespie reminded Councilors that other subjects to include Airbnb’s and loitering would be coming up for discussion. 2 Mayor Gillespie touched on his good news and bad news, stating stormwater and sewer projects were ongoing throughout the City and to use caution in these areas. He advised that since the passage of the budget, the bike and pedestrian plan would begin along with the 7th Street sidewalk project in District 2. Mayor Gillespie addressed the Council regarding de-annexation. He expressed his respect for Mr. Schaefer and thanked him for working with the City on various projects, but voiced his concern about the Council adopting the de-annexation petition on this evening’s agenda. He recommended that it be voted down. Mayor Gillespie conceded that there was no City water in the area of the de-annexation petition, but citizens were interested in creating a project to get City water and fire hydrants. He advised that garbage issues were also aired, but the City was fortunate to have enterprise funds and were able to pick up garbage from some residents just outside the limits. Mayor Gillespie reminded the Council that a public interest meeting for proposed improvement projects by the Parks and Recreation Department is scheduled at the Doster Center on Tuesday, October 12, 2021, at 6:00 p.m. He advised that a property approved to be purchased by the City has gone through some clean up processes and water and sewer is now available. There will be more news and information about the property in the near future. Mayor Gillespie closed his report by thanking Interim City Clerk, Mrs. Lisa Byrd, for a job well done and welcomed her back to her full-time position in the Executive Department. He also thanked Assistant City Clerk, Mrs. Dawn Russell, for everything she has done during the transition period and selection process of the new City Clerk. Councilor Gornto asked the Mayor to elaborate on why he felt de-annexation was not a good idea. Mayor Gillespie stated that when someone petitions to de-annex, you have to know where it starts and ends. Mayor Gillespie advised that Mr. Schaefer did offer valid concerns for de-annexation, but also advised that projects in the future could mitigate those concerns. He stated that de-annexation causes a loss in property and sales taxes. Mayor Gillespie stated that on tonight’s agenda there was a resolution to request an Attorney General’s Opinion regarding City services in the Police Jurisdiction and the opinion may alter what can and cannot be done outside of the jurisdiction. Council President Starnes asked the Mayor to clarify the members of the City’s economic development team. Mayor Gillespie stated that the team consisted of Josh Johnson, Daniel Oakley, Lisa Byrd and himself. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Councilor Striplin reported the special committee on Patio Liquor Service met on Tuesday, September 28, 2021, at 4:00 p.m. in Council Chambers. All seven committee members attended and included Chief Terry Brown (Fire Department), Chief Mark Thompson (Police Department), Mr. Scott Stephens (Planning Department), Mr. Tim Stafford (Historic Preservation Committee), and Councilors Jackson, Gornto and Striplin. The information requested concerning number of currently operating patio licenses and their location was received and reviewed prior to the meeting. A draft ordinance was also distributed to the special committee members for their review prior to the meeting. Each member present 3 provided their comments concerning the draft and two members of the public spoke. The consensus of the special committee was to recommend the draft ordinance to the Council for adoption. Additionally, the draft ordinance was emailed to all Councilors on Friday, October 1, 2021. Councilor Striplin anticipated that the proposed ordinance be introduced at the next Council meeting on October 19, 2021. Councilor Jackson stated the Street committee met on Wednesday, September 29, 2021. Updates were given on Easy Street and Bunche Avenue. There was discussion on the condition of 10th Street, potential sidewalk repairs, downtown parking, a City/County roadway agreement and the request to rename some streets within Prattville. CONSENT AGENDA 1. RESOLUTION: To Set a Public Hearing to Grant a Restaurant Retail Liquor License to Seafood Prattville, Inc. d/b/a Juicy Seafood. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021-A, PAGE 173 2. RESOLUTION: To Surplus Mobile Devices from the Information Technology Department. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021-A, PAGE 174 3. 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-A, PAGE 175 Councilor Strichik made a motion to place item numbers 1-3 on a Consent Agenda and Councilor Gornto seconded the motion. There being no discussion, the items were placed on a Consent Agenda (7-0). Council President Pro Tempore Boone made a motion to adopt the Consent Agenda and Councilor Gornto 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 Amend City of Prattville Code of Ordinances, Chapter 38 – Business Licenses and Taxes, Article V, Section 38-515 – Outdoor Alcohol Service. (Sponsored By: Council President Starnes) DEFEATED 4 This ordinance was held from June 1, 2021, July 6, 2021, August 3, 2021, and tabled on August 17, 2021, to October 5, 2021. Councilor Striplin advised this was the ordinance that he recommended the Council adopt an alternative ordinance. Council President Starnes asked if Councilor Striplin wanted to make a motion to postpone the current ordinance indefinitely, but Councilor Striplin advised the current ordinance should be defeated. Mr. Odom advised that if the Council tabled the ordinance indefinitely, it kills the motion for any further consideration. Councilor Striplin recommended the Council vote the ordinance down. Council President Pro Tempore Boone stated that she reviewed Councilor Striplin’s alternative ordinance scheduled to be introduced on October 19, 2021, but was uncomfortable voting the current ordinance down because it would leave no other options if nothing was proposed on October 19, 2021. There being no further discussion, the ordinance was defeated with the following results: AYES : BOONE 1 NAYS : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK 6 ABSTAINED : NONE 0 ABSENT : NONE 0 2. 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: Council President Starnes) RESOLUTION BOOK 2021-A, PAGE 176 Councilor Gornto 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, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 3. RESOLUTION: To Amend the FY2021 Budget and to Authorize the Mayor to Enter into an Agreement to Purchase Project KATZ Property for the Executive Department in an Amount Not to Exceed $1,300,000.00, Plus Closing Costs. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021-A, PAGE 177 This resolution was introduced on September 21, 2021, and held over until October 5, 2021. Councilor Gornto advised the Council that several constituents and citizens within the City were unhappy because the City was not able to disclose information about the purchase of the property. Councilor Gornto stated he did not have a clear understanding of what the purchase was going to be used for and in good conscience, he would not be able to support the resolution. 5 Councilor Chambers made a motion to amend lines 31 through 37 of the resolution to read, “Be it further resolved that the City of Prattville does hereby ratify and affirm the purchase of said property at a net cost not to exceed $1,300,000.00, plus closing costs, and said purchase is hereby approved and appropriated to be paid from the FY2021 Budget Line Item Executive/ Capital Outlay” and Council President Pro Tempore Boone seconded the motion. There being no discussion, the amendment was adopted with the following results: AYES : CHAMBERS, STARNES, STRICHIK, BOONE 4 NAYS : GORNTO 1 ABSTAINED : STRIPLIN, JACKSON 2 ABSENT : NONE 0 Mr. Odom advised Council President Starnes that the amended resolution was now before the Council and should be voted on. Councilor Chambers made a motion to adopt the amended resolution and Councilor Strichik seconded the motion. There being no discussion, the amended resolution was adopted with the following results: AYES : CHAMBERS, STARNES, STRICHIK, BOONE 4 NAYS : GORNTO 1 ABSTAINED : STRIPLIN, JACKSON 2 ABSENT : NONE 0 4. RESOLUTION: To Request an Attorney General’s Opinion Regarding the City’s Services in the Police Jurisdiction. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021-A, PAGE 178 Council President Pro Tempore 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, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 5. RESOLUTION: To Appoint Paula G. Barlow as City Clerk for the Remainder of the 2020- 2024 Quadrennium. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2021-A, PAGE 179 Councilor Strichik stated that all Councilors involved with the appointment determination had a difficult decision to make with many qualified applicants, but the team with Dawn and Paula would be strong. Councilor Strichik thanked Mrs. Dawn Russell for a job well done during the interim period and looked forward to working with Paula as she leads the City Clerk’s Office. Councilor Strichik made a motion to adopt the resolution and Councilor Chambers seconded the motion. There being no further discussion, the resolution was adopted with the following results: 6 AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 6. RESOLUTION: To Appoint Department Heads. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021-A, PAGE 180 Councilor Chambers made a motion to adopt the resolution and Councilor Gornto seconded the motion. There being no discussion, the resolution 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. RESOLUTION: To Release Funds for the Purchase of One (1) 2022 Ford F250 Crew Cab 4x4 Pickup Truck through the State of Alabama, Department of Finance - Purchasing Division Contract T191, from Stivers Ford Lincoln for the Fire Department at a Net Cost Not to Exceed $45,000.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021-A, PAGE 181 Council President Pro Tempore Boone made a motion to adopt the resolution and Councilor Chambers seconded the motion. There being no discussion, the resolution 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. RESOLUTION: To Authorize the Mayor to Sign Contracts for Services for Community Initiatives, City-County Services, and the Autauga County Emergency Communication District (E-911) as Allocated in the FY2021-2022 Budget. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021-A, PAGE 182 Councilor Strichik made a motion to adopt the resolution and Councilor Gornto seconded the motion. There being no discussion, the resolution 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 9. RESOLUTION: To Set a Public Hearing to Zone Property Located Inside the City Limits at 1715 and 1717 South Memorial Drive and the Surrounding Area to B-2 (General Business) (Petitioner: City of Prattville) (Owners: Circle K Stores, Inc. and Kenyatta Jarrett). (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021-A, PAGE 183 Council President Pro Tempore 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, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 Council President Pro Tempore Boone introduced the ordinance printed in Resolution Book 2021-A, Page 183. Council President Pro Tempore Boone made a motion to adopt the ordinance and Councilor Chambers seconded the motion. By point of order, this ordinance was held until its Public Hearing on November 2, 2021. 10. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast LLC, for Engineering Services for ALDOT Project TAPAA-TA22 (914) Sidewalk Improvements to East Main Street at a Cost Not to Exceed $66,820.00. (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2021-A, PAGE 184 Councilor Jackson 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, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 11. RESOLUTION: Petition to De-Annex Property Located North of Ridge Trail and Ridge Terrace (Petitioners: Leonard S. Schaefer and Carrie J. Schaefer). (Sponsored By: Councilor Chambers) RESOLUTION BOOK 2021-A, PAGE 185 Councilor Chambers made a motion to adopt the resolution and Councilor Gornto seconded the motion. By Point of Order, it is necessary that the Council rules be suspended if immediate action is to be considered. Council President Pro Tempore Boone made a motion to suspend the rules and Councilor Gornto seconded the motion. The rules were suspended (7-0). The resolution now being properly before the Council, Council President Starnes invited questions and comments from the Council. Councilor Chambers stated that although he 8 respected the Mayor’s opinion regarding de-annexation, he felt that Mr. Schaefer’s circumstances to petition for de-annexation were warranted. Council Striplin voiced his concerns about adopting the de-annexation resolution and the slippery slope approach. He stated the Council unanimously adopted the resolution to request an Attorney General’s opinion relating to the police jurisdiction. Councilor Striplin stated that based on the new law passed by the State Legislature possibly makes this a moot point and asked if the Council would hold the adoption of the resolution for de-annexation until the Attorney General’s opinion is received. There being no further discussion, the resolution was adopted with the following results: AYES : JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 6 NAYS : STRIPLIN 1 ABSTAINED : NONE 0 ABSENT : NONE 0 Council President Starnes advised the Council would vote to enter into Executive Session to discuss matters related to commerce, economic development, project funding, real property purchase and/or lease. Councilor Strichik made a motion to enter into Executive Session and Council President Pro Tempore Boone seconded. Council President Starnes ordered a Roll Call vote. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Starnes Aye Councilor Gornto Aye Councilor Strichik Aye Councilor Boone Aye Council President Starnes advised that Executive Session would last thirty (30) minutes to one (1) hour and upon return the Council would complete remaining agenda items. The Council entered into Executive Session at 7:06 p.m. and returned to regular session at 8:34 p.m. 12. RESOLUTION: To Support Project Mayfield. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021-A, PAGE 186 Councilor Strichik made a motion to adopt the resolution and Councilor Chambers seconded the motion. There being no discussion, the resolution was adopted with the following results: 9 AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 COMMENTS FROM PERSONS PRESENT: Sharon Ballenger, 1219 Conestoga Wagon Trail, addressed the Council regarding garbage pickup on Conestoga Wagon Trail and presented a petition to the Council. The petition requested the City of Prattville provide garbage service to some of the residents who lived on Conestoga Wagon Trail since Waste Management has not been able to consistently pick up garbage. The street is split on the county line. The petitioners are willing to pay a fee associated with the City service and pay for the garbage containers. Councilor Striplin asked if the number of residents totaled nineteen (19) from the petition. Ms. Ballenger stated the count was closer to twelve houses that needed the service. Mayor Gillespie thanked Ms. Ballenger for reaching out to the Council. He stated that this was a project the Council should consider as it makes good business sense. Mayor Gillespie mentioned that the Sanitation committee should meet about this petition. El White, II, 621 West 4th Street, addressed the Council about citizens in District 2 without sewage and water. Mr. White commended Councilor Jackson for advocating for Juneteenth. He asked the Council if they had an answer to the question he posed several meetings back about Blue Iguana Bar and stated that the issues at the bar were the most serious with no resolution. Mr. White commented that redistricting should not be left up to the body of the Council, but should include a diverse team of citizens as well as the City Council. Councilor Gornto advised that at the beginning of this evening’s meeting, a public hearing was held regarding the Blue Iguana Bar and the stipulations the City was placing on Bama Lanes Prattville and the Blue Iguana Bar. Councilor Gornto explained that the City Attorney was in talks with the Counsel for Bama Lanes Prattville and that if the stipulations were not met, then revocation of the business license could still be decided. Councilor Gornto invited Mr. White to review the stipulations and then give his suggestions. Councilor Strichik echoed Councilor Gornto’s remarks about revocation of the business license being fluid and that the Council could come back at any time if the establishment did not follow through on the stipulations. Councilor Strichik stated that he had no problem with community members and the Council banding together during the redistricting process, but that the boundaries had to be set with current laws in mind. CLOSING COMMENTS: Councilor Striplin thanked Mrs. Lisa Byrd for her work as Interim City Clerk and congratulated Mrs. Paula Barlow on her appointment as City Clerk. Councilor Chambers thanked Fire Chief, Mr. Terry Brown, and the fire department for all of their hard work considering that it was Fire Prevention Week. He thanked Mrs. Byrd for her hard work and congratulated Mrs. Barlow. Councilor Chambers looks forward to working with the new City Clerk. 10 Councilor Gornto took in a show at the City’s Cultural Arts Way Off Broadway Theatre with his wife. The production was a rendition of the Addams Family and he stated it was fantastic. Councilor Gornto urged citizens to take in a show. Councilor Strichik encouraged citizens to participate in the upcoming public interest meeting for Parks and Recreation Department projects at 6:00 p.m. on Tuesday, October 12, 2021, at the Doster Center. Council President Starnes thanked Ms. Byrd for all of her hard work and recognized her dedication to the City of Prattville. He congratulated Mrs. Barlow on her appointment as City Clerk. Councilor President Starnes also acknowledged the hard work and energy Mr. Daniel Oakley puts into the financial side of City matters and stated his appreciation. The next City Council meeting is scheduled for Tuesday, October 19, 2021, at 6:00 p.m. ADJOURN: There being no further business to come before the Council, Councilor Strichik made a motion to adjourn and Councilor Gornto seconded the motion. The meeting adjourned (7-0) at 8:49 p.m. APPROVED: ___________________________ Lisa Byrd Interim City Clerk ___________________________ Gerald “Jerry” Starnes, President Prattville City Council SUBMITTED BY: Dawn Russell Assistant City Clerk