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CC Minutes 2022.12.06PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, DECEMBER 6, 2022 6:17 P.M. The Prattville City Council met in regular session on Tuesday, December 6, 2022, at 6:17 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Councilor Gornto gave the invocation. Roll was called with all Councilors recorded as present. Council President Boone declared a quorum and called the meeting to order. THE CHARACTER TRAIT OF THE MONTH IS COURAGE: Overcoming fear by saying and doing what is right. APPROVAL OF MINUTES: Public Hearing and City Council Meeting November 15, 2022, and Work Session November 28, 2022. Council President Pro Tempore Strichik made a motion to adopt the minutes and Councilor Chambers seconded the motion. There being no discussion, the minutes were adopted (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT'S AGENDA: Dave Burns, 150 Shady Oak Lane, addressed the Council to speak in opposition of Agenda Item 5. He stated that allowing medical cannabis dispensaries could be seen as a gateway to other serious issues and mentioned the shortage of law enforcement personnel. Christen Harry, 1850 Sanford Drive, addressed the Council to speak in opposition of Agenda Item 5. Craig Duke, 317 Abington Street, addressed the Council to speak in opposition of Agenda Item 5. He cited current and former Surgeon General opinions that did not support the use of medical marijuana. Mr. Duke outlined a report from the American Psychiatric Association on the dangers of medical marijuana. He also cited an article from the National Institute of Health stating that medical marijuana was a gateway to the legalization of marijuana use in the United States. David Reid, 1266 Plum Street, addressed the Council to speak in opposition of Agenda Item 5. Mr. Ried advised, in his line of work with drug court, he is seeing an increase in drug and alcohol use/abuse in not only veterans, but with the general population. He added that legalizing any form of marijuana only exacerbates the problem. Jon Lee Finnegan, 211 Deer Trace, addressed the Council to speak in opposition of Agenda Item 2. Ms. Finnegan shared her concerns with public safety and the shortage of law enforcement personnel if the rezoning ordinance passed. She asked if there was a monetary amount for the lease in Agenda Item 11. Councilor Striplin believed the lease between HPRA and the City would be $1.00. Kenneth White, Flowers & White Engineering, addressed the Council to speak in favor of Agenda Item 2 and clarified access points to address concerns about fire safety and remoteness. Mary Burt, 1937 Chancellor Ridge Road, addressed the Council to speak in opposition of Agenda Item 2. She reiterating other citizen's worries about congestion and traffic. Additionally, she shared concerns regarding speeders on Chancellor Ridge Road and requested additional police presence in the area. Chloe Kelly, Terra Core Development Services, addressed the Council to speak in favor of Agenda Item 2. She stated that Wee Lovett Drive was originally slated as a primary access point, but that changed after concerns were raised. There will be a 50-foot right-of-way on Old Farm Lane to Old Farm Road that will be the primary ingress and egress for the development. The revised plans include an additional turn lane on Wee Lovett Drive to slow down traffic. She mentioned the Exchange North as the southern access point. Additionally, she reminded the Council that the Planning Commission did recommend the R-3 single family rezoning for the development. MAYOR'S REPORT: Mayor Gillespie reported the Christmas Tree Lighting and Christmas Parade were a huge success. He received many positive comments on the no parking zones downtown and barricades around the parade route. Mayor Gillespie thanked all departments and staff that worked together to create the Hallmark like atmosphere. Mayor Gillespie advised flags will be flown at half-staff tomorrow to commemorate Pearl Harbor Day. Mayor Gillespie concluded his report by requesting that staff put out radar trailers around Highland Ridge and Chancellor Ridge to mitigate speeding in those areas. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Councilor Striplin advised a request to the City Clerk to post a Wastewater Committee meeting was sent to committee members. Due to an error on Councilor Striplin's part, the City Clerk was excluded from the email list that resulted in the meeting notice not being posted. Councilor Striplin advised that a future meeting will be called with proper notice. 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: Council President Pro Tempore Strichik} RESOLUTION BOOK 2022-B, PAGE 240 Council President Pro Tempore 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, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 2. ORDINANCE: To Rezone Property Located Inside the City Limits East of Highland Ridge Subdivision from FAR (Forest, Agriculture, Recreation), R-2 (Single Family Residential) and 13- 2 (General Business) to R-3 (Single Family Residential) (Petitioner: Carolyn Peddy Bryan) (Representative: Flowers & White Engineering, LLC). (Sponsored By: Councilor Gornto) ORDINANCE BOOK 2022, PAGE 047 This ordinance was introduced at the November 1, 2022, City Council meeting, where Councilor Gornto made a motion to adopt the ordinance and Councilor Striplin seconded the motion. The ordinance being properly before the Council, Council President Boone asked if there was any discussion. Councilor Chambers requested clarification on the Planning Department process for rezoning property, specifically if a rezoning request could be brought back before Council if the ordinance failed this evening. Planning Director Scott Stephens outlined the overall process and stated that it could not come back before the Planning Commission for one (1) year. Councilor Gornto voiced his concerns over the safety and welfare of citizens in the Highland Ridge subdivision and additional stress to the City's police force. There being no further discussion, the Ordinance was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE 4 NAYS GORNTO, STRICHIK 2 ABSTAINED NONE 0 ABSENT NONE 3. ORDINANCE: To Amend City of Prattville Code of Ordinances Chapter 54. - Streets, Sidewalks and Other Public Places, Article I. - In General, Section 54-3. - Obstructions Generally. {Sponsored By: Council President Pro Tempore Strichik} ORDINANCE BOOK 2022, PAGE 048 This ordinance was introduced at the November 15, 2022, City Council meeting, where Council President Pro Tempore Strichik made a motion to adopt the ordinance and Councilor Chambers seconded the motion. The ordinance being properly before the Council, Council President Boone asked if there was any discussion. Councilor Jackson asked if the proposed ordinance should have been brought up at a Street Committee meeting. City Attorney Andrew Odom advised that he was unaware that a proposed ordinance is required to go before a committee. However, the proposed ordinance was discussed by the Police Committee. Additionally, an email regarding the language was emailed to all Councilors, over three weeks ago, for review prior to appearing on the agenda. Council President Boone stated the Police Department, especially Code Enforcement, was having issues as they patrol neighborhoods with people skirting rules and finding loopholes to City ordinances in place. This ordinance would give Code Enforcement more authority to cite offenders. There being no further discussion, the Ordinance was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 4. ORDINANCE: To Establish City of Prattville Code of Ordinances Chapter 54. - Streets, Sidewalks and Other Public Places, Article I. - In General, Sections 80-81. - Parking of Recreational Vehicles/Trailers on Street. {Sponsored By: Council President Pro Tempore Strichik} ORDINANCE BOOK 2022, PAGE 049 This ordinance was introduced at the November 15, 2022, City Council meeting, where Council President Pro Tempore Strichik made a motion to adopt the ordinance and Councilor Chambers seconded the motion. The ordinance being properly before the Council, Council President Boone asked if there was any discussion. Council President Boone advised the proposed ordinance was a companion to the previous agenda item. There being no further discussion, the Ordinance was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 5.ORDINANCE: To Authorize the Operation of Medical Cannabis Dispensing Sites Within the Corporate Limits of the City of Prattville. {Sponsored By: Council President Boone} FAILED This ordinance was introduced at the November 15, 2022, City Council meeting, where Councilor Striplin made a motion to adopt the ordinance and Council President Pro Tempore Strichik seconded the motion. The ordinance being properly before the Council, Council President Boone asked if there was any discussion. Councilor Chambers advised that after consultation with the City's attorney, he would abstain from voting on this ordinance due to a potential family related conflict of interest. Councilor Jackson acknowledged there has been much public outcry about this subject and it being a gateway to more serious problems. Councilor Jackson stated there already is an epidemic naming his firsthand accounts as an educator with the alternative school. He stated it was a struggle everyday with adolescents and their ease of access to products that contact THC. There being no further discussion, the Ordinance failed with the following results: AYES NONE 0 NAYS STRIPLIN, GORNTO, STRICHIK, BOONE 4 ABSTAINED JACKSON, CHAMBERS 2 ABSENT NONE 6. RESOLUTION: To Authorize the Mayor to Enter into a Lease Agreement with Fountain City BMX, Inc. to Continue to Operate a BMX Park Located on County Road 4. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2022-B, PAGE 241 Council President Pro Tempore Strichik 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, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 7. RESOLUTION: To Award Bid No. 022-005-A to Old South Construction Company for the Re -Roofing of the Public Safety Building at a Cost Not to Exceed $479,979.00. {Sponsored By: Councilor Gornto) RESOLUTION BOOK 2022-B, PAGE 242 Councilor Gornto made a motion to adopt the resolution and Council President Pro Tempore Strichik seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 8. RESOLUTION: To Accept Ownership and Maintenance of Land Lying between the Levee and Mill Pond Adjacent to the Public Safety Building from the Historic Prattville Redevelopment Authority. {Sponsored By: Councilor Striplin} RESOLUTION BOOK 2022-B, PAGE 243 Councilor Striplin made a motion to adopt the resolution and Councilor Gornto seconded the motion. Due to the permanent nature of the resolution, it is necessary that Council rules be suspended if immediate action is to be considered. Council President Pro Tempore Strichik made a motion to suspend the rules and Councilor Chambers seconded the motion. There being no discussion, Council President Boone ordered a Roll Call Vote for the suspension of rules. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Gornto Aye Councilor Strichik Aye Councilor Boone Aye The rules were suspended (6-0). The resolution now being properly before the Council, Council President Boone invited questions and comments from the Council. There being no discussion, the Resolution was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 9. RESOLUTION: To Accept Ownership of Land associated with Autauga Creek and Mill Pond by Way of Quitclaim Deed from the Historic Prattville Redevelopment Authority. {Sponsored By: Councilor Striplin} RESOLUTION BOOK 2022-13, PAGE 244 Councilor Striplin made a motion to adopt the resolution and Councilor Jackson seconded the motion. Due to the permanent nature of the resolution, it is necessary that Council rules be suspended if immediate action is to be considered. Councilor Gornto made a motion to suspend the rules and Councilor Jackson seconded the motion. There being no discussion, Council President Boone ordered a Roll Call Vote for the suspension of rules. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Gornto Aye Councilor Strichik Aye Councilor Boone Aye The rules were suspended (6-0). The resolution now being properly before the Council, Council President Boone invited questions and comments from the Council. There being no discussion, the Resolution was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 10. ORDINANCE: To Surplus and Quitclaim Deed Real Property Located on Autauga Creek to the Historic Prattville Redevelopment Authority. {Sponsored By: Councilor Striplin} ORDINANCE BOOK 2022, PAGE 050 Councilor Striplin made a motion to adopt the ordinance and Councilor Chambers seconded the motion. By Point -of -Order, it is necessary that Council rules be suspended if immediate action is to be considered. Councilor Jackson made a motion to suspend the rules and Councilor Gornto seconded the motion. There being no discussion, Council President Boone ordered a Roll Call Vote for the suspension of rules. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Gornto Aye Councilor Strichik Aye Councilor Boone Aye The rules were suspended (6-0). The ordinance now being properly before the Council, Council President Boone invited questions and comments from the Council. There being no discussion, the Ordinance was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 11. RESOLUTION: To Authorize the Mayor to Negotiate and Enter into a Lease Agreement with the Historic Prattville Redevelopment Authority to Utilize and Maintain Property Adjacent to the Public Safety Building. {Sponsored By: Councilor Striplin} RESOLUTION BOOK 2022-13, PAGE 245 Councilor Striplin 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, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 12. RESOLUTION: To Authorize the Mayor to Enter into a Preliminary Engineering and Construction Agreement for a Transportation Alternatives Program Project Between the State of Alabama, Acting By and Through the Alabama Department of Transportation, for Project No. TAPAA-TA23(923), CPMS Ref # 100076080 and 100075863, for Sidewalk Improvements Along Old Farm Lane from Fairview Avenue to North Old Ridge Road, Along Boardroom Drive from Old Farm Lane to the Launch Trampoline Park, Along North Old Ridge Road to Old Ridge Road at a Cost Not to Exceed $919,171.00 (Net Cost to City Not to Exceed $183,834.20). (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2022-13, PAGE 246 Councilor Jackson 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, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 13. ORDINANCE: To Establish the City of Prattville Code of Ordinances Chapter 2. - Administration, Article 1. - In General, Sections 2-2. - Use of City Seal and Logos, 2-3. - Flags and 2-4. - Slogans. (Sponsored By: Council President Boone} ORDINANCE BOOK 2022, PAGE 051 Councilor Chambers made a motion to adopt the ordinance and Councilor Gornto seconded the motion. By Point -of -Order, it is necessary that Council rules be suspended if immediate action is to be considered. Councilor Gornto made a motion to suspend the rules and Councilor Chambers seconded the motion. There being no discussion, Council President Boone ordered a Roll Call Vote for the suspension of rules. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Gornto Aye Councilor Strichik Aye Councilor Boone Aye The rules were suspended (6-0). The ordinance now being properly before the Council, Council President Boone invited questions and comments from the Council. There being no discussion, the Ordinance was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE 8 14. RESOLUTION: To Authorize the Mayor to Register City Logotype and Insignia with a Federal Trademark through the U.S. Patent and Trademark Office. {Sponsored By: Council President Boone} RESOLUTION BOOK 2022-B, PAGE 247 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, GORNTO, STRICHIK, BOONE 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT NONE COMMENTS FROM PERSONS PRESENT: Ell White II, 621 West 4th Street, reported hearing gun fire near his residence on November 30, 2022, and December 4, 2022. The second incident was reported to the City's non -emergency police contact. Mr. White asked what could be done about the situation. Craig Duke, 317 Abington Street, thanked the Council for voting down the ordinance relating to medical cannabis dispensaries on Agenda Item 5. Mr. Duke commended Councilor Jackson for his job working at the alternative school and with at -risk teens. He offered his assistance to Councilor Jackson. Santa Claus, 1 Rainbow Lane (North Pole), thanked City staff and the Mayor for placing the barricades out during the Christmas Parade. Mr. Claus invited everyone to Merchant's Night in downtown Prattville where he and Mrs. Claus would be making an appearance. Dave Burns, 150 Shady Oak Lane, thanked the Council for listening to the public's concerns and voting down the ordinance relating to medical cannabis dispensaries on Agenda Item 5. He appreciated the Council's format to allow for comments on agenda items. CLOSING COMMENTS: Mayor Gillespie appreciates the community employees for their hard work and dedication. he works for and thanked all City staff and Council President Pro Tempore Strichik acknowledged Parks and Recreation Director Kellie Cook for her dedication to the City's holiday events, likening her vision to the "Hallmark" feel. Council President Boone announced the next regular City Council meeting is scheduled for Tuesday, December 20, 2022, at 6:00 p.m. Council President Boone advised there was a need to enter into Executive Session to discuss matters related to economic development and discussion of strategy in preparation for negotiations. She advised City Attorney Andrew Odom submitted a letter signifying legality of this Executive Session. 9 Council President Pro Tempore Strichik made a motion to enter into Executive Session and Councilor Gornto seconded the motion. Council President Boone ordered a Roll Call vote. The motion to enter into Executive Session was passed with the following results: ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Gornto Aye Councilor Strichik Aye Councilor Boone Aye Council President Boone advised that Executive Session would last approximately thirty (30) minutes and upon return there would be no further business to come before the Council. The Council entered into Executive Session at 7:25 p.m. and returned to Regular Session at 7:40 p.m. ADJOURN: There being no further business to come before the Council, Council President Pro Tempore Strichik made a motion to adjourn and Councilor Gornto seconded the motion. The meeting adjourned at 7:41 p.m. (6-0). APPROVED: Paula G. Barlow City Clerk Lora Lee Boone, President Prattville City Council SUBMITTED BY: Dawn Russell Assistant City Clerk 10