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Minutes 2021-06-011 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, June 1, 2021 6:10 P.M. The Prattville City Council met in regular session on Tuesday, June 1, 2021, at 6:10 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Mayor Gillespie gave the invocation. Roll was called and all Councilors were present. THE CHARACTER TRAIT OF THE MONTH IS WISDOM: Making practical applications of truth in daily decisions. APPROVAL OF MINUTES: Work Session, Public Hearing and City Council Meeting May 18, 2021. Council President Pro Tempore Boone made a motion to adopt the minutes and Councilor Strichik seconded he motion. With no discussion, the minutes were adopted (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Dr. Jerry Cimis, 141 North Chestnut, addressed Council with concerns in regards to items on the agenda. He also addressed the discussion points as a result of the Finance Committee meeting he attended, questioning the ADA compliance in regards to the Ordinance presented on the agenda for Outdoor Alcohol Service. Jon Lee Finnegan, 211 Deer Trace, addressed Council regarding questions and clarification for agenda items to be presented. Derry Edwards, 181 West Main Street, addressed Council for clarification on the Outdoor Alcohol Service Ordinance on the agenda. Patrick Lucas, 211 Caliber Xing, addressed Council with questions regarding the Outdoor Alcohol Service Ordinance. MAYOR’S REPORT: Mayor Gillespie introduced Dawn Russell as the new Assistant City Clerk. He reported that the Memorial Day ceremony was well attended and a beautiful day to honor our fallen heroes and thanked the American Legion and VFW for honoring this event. Mayor Gillespie reported that nothing but positive feedback has been received regarding the hometown heroes banner program and commended Jamie Sutton for her talent and design work for the banners on display which will remain up through the month of June. Mayor Gillespie urged all who had not visited the Alabama Poppy Project that is located downtown to do so. It is another display within the city that pays homage for the brave men and women who paid the ultimate sacrifice for our country. He announced that the Prattville Farmer’s Market would be held Saturday, June 5, 2021, at the Groves and that Creek Walk concert series would start next Tuesday evening at 6:30 p.m. at the Picker House on the Grassy Knoll. Mayor Gillespie stated that the Parks and Recreation Department is ready for events again and should be contacted if rental space is needed. 2 He reported that the tornado cleanup is nearing completion and sanitation routes will be back on schedule as of next week. He thanked all who helped remove the debris around the city, especially the city’s Sanitation Department. He reported preliminary paving on Main Street is expected to be finished by the end of business on June 4, 2021, with Main Street and South Washington Street back open to normal traffic. The project will move into the next phase and future closures will be posted on social media. Mayor Gillespie requested that citizens keep an eye out for construction to begin on the new round-about at Maple and Bridge Street in the later part of June 2021. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: Finance Committee met on May 28 at 10am to discuss pending business, the barricades and education program, hiring incentive program and police jurisdictions, and alcohol, noise and smoking ordinances. The American rescue plan employee incentives, the Engineering department discussed the RAISE grant, as well as, the Planning department discussed the sale of city property, multi-family zoning ordinance amendments, census data by district, BZA and the comprehensive plan. 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 086 2. RESOLUTION: To Surplus Tasers, Taser Cartridges, Digital Ally and VieVu Equipment from the Police Department. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 087 3. RESOLUTION: To Authorize the Mayor to Enter into a Lease Agreement Between the City of Prattville and the Autauga Creek Improvement Committee, Inc. (ACIC) to Lease Certain Property on West 4th Street. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021, PAGE 088 4. RESOLUTION: To Enter into a Lease Agreement Between Alabama Power Company and the City of Prattville to Lease Property Along the Eastern Boundary of the Prattville Fire Department Station Number 2 located at 163 West 4th Street. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021, PAGE 089 Councilor Strichik made a motion to place items #1-4 on a Consent Agenda and Councilor Gornto 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 Strichik 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 3 ABSTAINED : NONE 0 ABSENT : NONE 0 AGENDA 1. RESOLUTION: To Set a Public Hearing to Pre-Zone Property Located Outside the City Limits at the South Side of County Road 4 W between Highway 14 W and Echlin Boulevard to FAR (Forest, Agricultural, Recreation) (Petitioner: SJT Properties, LLC). (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2021, PAGE 090 Councilor Jackson made a motion to adopt the Resolution and Councilor Gornto seconded the motion. 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 Councilor Jackson introduced the ordinance printed in Resolution Book 2021, Page 090. Councilor Jackson made a motion to adopt the ordinance and Councilor Strichik seconded the motion. By point of order, the ordinance was held until after its public hearing on July 6, 2021. 2. RESOLUTION: To Enter into an Agreement with Civil Southeast, LLC for Engineering Design, Construction, and Inspection Services for a Street Division Facility for the Engineering Department at a Cost Not to Exceed $73,000.00. (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2021, PAGE 091 Councilor Jackson made a motion to adopt the Resolution and Councilor Gornto seconded the motion. 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 Release Funds for the Purchase of Two (2) Toro Grand Stand 25HP Kohler Command Pro 60” Mowers with Recycler Kit GM 3300 through the Omnia Partners Cooperative from Prattville Outdoors for the Urban Management Division at a Cost Not to Exceed $18,953.00. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021, PAGE 092 4 Council President Pro Tempore Boone made a motion to adopt the Resolution and Councilor Strichik seconded the motion. 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 4. RESOLUTION: To Release Funds for the Purchase of One (1) John Deere Z997R Diesel with Mower Deck and Mulch Kit through Sourcewell Purchasing Cooperative from SunSouth, LLC for the Parks and Recreation Department at a Net Cost Not to Exceed $20,602.00. (Sponsored By: Councilor Strichik) RESOLUTION BOOK 2021, PAGE 093 Councilor Strichik made a motion to adopt the Resolution and Councilor Chambers seconded the motion. 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 Authorize Implementation of the Police Officer Recruitment Program. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 094 Councilor Strichik made a motion to adopt the Resolution and Councilor Chambers seconded the motion. 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 6. RESOLUTION: To Authorize Implementation of the Police Officer Education/Certification Program. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 095 Councilor Gornto made a motion to adopt the Resolution and Councilor Strichik seconded the motion. The Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, 5 STARNES, GORNTO, STRICHIK, BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 7. RESOLUTION: To Authorize A Single Payment of Retrospective Premium Pay Per the Coronavirus State and Local Fiscal Recovery Funds. (Sponsored By: Councilor Chambers) RESOLUTION BOOK 2021, PAGE 096 Councilor Chambers made a motion to adopt the Resolution and Councilor Boone seconded the motion. 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 Release Funds for the Purchase of One (1) Special Response and Rescue Vehicle from Lenco Armored Vehicles, through the GSA Schedule 84 Cooperative Purchasing Agreement, Contract #GS07F169DA, at a Cost Not to Exceed $270,128.00. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 097 Councilor Strichik made a motion to adopt the Resolution and Councilor Gornto seconded the motion. 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 9. ORDINANCE: To Amend the City of Prattville Code of Ordinances by Replacing Section 38-301, Article V, Chapter 38, Definitions; Adding Sections 38-335 to 38-342, Article V, Chapter 38, Mobile Food Vendors Licenses; Amending Section 38-329, Article V, Chapter 38, Selling of Food Products, Goods, etc., from Parked Vehicles; and Amending Section 38-321, Article V, Chapter 38, License Classification Codes. (Sponsored By: Council President Pro Tempore Boone) ORDINANCE BOOK 2021, PAGE 017 HELD BY COUNCIL TILL JUNE 15, 2021 Council President Pro Tempore Boone made a motion to adopt the Ordinance 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. Councilor Gornto made a motion to suspend 6 the rules and Council President Pro Tempore Boone seconded the motion. The rules were not suspended by a roll call vote (5-2). After a brief discussion for clarification and concerns were mentioned by Councilor Striplin and Councilor Jackson, A motion to hold the Ordinance over till June 15, 2021 for more information was made by Councilor Jackson and Councilor Gornto seconded the motion. There being no further discussion, the Ordinance was held over with the following results: AYES : STRIPLIN, JACKSON, STARNES GORNTO, STRICHIK, 5 NAYS : BOONE, CHAMBERS 2 ABSTAINED : NONE 0 ABSENT : NONE 0 Councilor Striplin expressed concerns for the proper timing of agenda items to be reviewed by Council, per Resolution Book 2020-A, Page 172. The draft agenda received the Thursday before the council meeting included five items on the draft agenda with a notation for four more resolutions and an ordinance to possibly be added after being presented to the Finance Committee on Friday, May 28th. However, the noted were added with two additional ordinances on Friday afternoon. Today at about 130 p.m., a revised agenda was sent with corrections. This Council approved the resolution rules and operating procedures for this quadrennium. One of those procedures required all legislation to be submitted to the City Clerk by 5pm. This resolution also allows for resolutions and ordinances to be brought to the floor in case of emergency. If this legislation was submitted in a timely manner, I believe it should have been included in the draft agenda, and with any corrections before submitting the final agenda. In spirit of the action taken, it appears to imply that there is no cutoff date for submission to Council for council legislation. I don't know if that was the message the Finance Committee attended to send, but I will assume that's the message that was received. 10. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 50 - Offenses and Miscellaneous Provisions, Article III, Division 2.- NOISE, Section 50-74. - Loud and Unnecessary Noises—Prohibited, (a) (17) Pickup, Delivery of Waste Containers. (Sponsored By: Council President Starnes) ORDINANCE BOOK 2021, PAGE 018 – FIRST READING HELD BY COUNCIL TILL JULY 6, 2021 11. 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) ORDINANCE BOOK 2021, PAGE 019 - FIRST READING HELD BY COUNCIL TILL JULY 6, 2021 COMMENTS FROM PERSONS PRESENT: Jon Lee Finnegan, 211 Deer Trace, addressed Council regarding if a cost had been given in regards to the Cultural Arts presentation for consideration of the one cent sales tax allocation. Councilor Strichik shared Council has not received a price yet, however one will be addressed before going before Council. 7 Leah Mira, 301 Wetumpka Street, addressed Council with concerns regarding the food vendor ordinance being presented. She also stated she had difficulty locating section 5, 38.5 of the city code online. Dr. Jerry Cimis, 141 North Chestnut Street, addressed Council with ADA concerns regarding the Outdoor Alcohol Ordinance. Patrick Lucas, 1211 Caliber Xing, addressed Council regarding the character traits presented each month at the beginning of the meeting, he also addressed his concern for the allocation of the one cent sales tax. Mike Barnett, 120 Sycamore Drive, address Council in regards to the food vendor ordinance and the rules and regulations of the Health Department for food vendors. He feels food vendors would be an asset to the city. Diane Rolling, 119 Magnolia Drive, addressed Council to inform them of discussion from the Finance Committee meeting regarding allowing food vendors for parties. CLOSING COMMENTS: Councilor Striplin- One comment regarding the discussion during the Work Session, He is in am in favor of financial flexibility, but in the presentations that were made these were multi- million dollar projects. Normally those are financed with a bond over a period of time. You take out a bond on year one, and you do not have the flexibility of changing your mind in year two. There are only certain time periods you can do so. If some of these larger projects involve bonds, issuance of bonds, you do not have flexibility to pay them off. Councilor Chambers- Welcomed Dawn Russell to the team and just wanted to just get a shout out to the city for the Memorial Day ceremony. He was there, had a great time and his family enjoyed it. It was nice to see so many people out to support that in Prattville. ADJOURN: There being no further business to come before the council, Councilor Gornto made a motion to adjourn and Councilor Strichik seconded the motion. The meeting adjourned (7-0) at 7:24 p.m. APPROVED: ___________________________ Lisa Terrill City Clerk ___________________________ Gerald “Jerry” Starnes, President Prattville City Council