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Minutes 2021-06-151 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, JUNE 15, 2021 6:03 P.M. The Prattville City Council met in regular session on Tuesday, June 15, 2021, at 6:03 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Councilor Striplin 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 and City Council Meeting June 1, 2021. Councilor Strichik made a motion to adopt the minutes and Councilor Gornto seconded the motion. With no discussion, the minutes were adopted (7-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Jon Lee Finnegan, 211 Deer Trace, addressed the council regarding her support of the proposed ordinance on agenda item 10, renewing the one cent sales tax (general). She spoke in opposition of the proposed ordinance on agenda item 11, renewing the one cent sales tax and allocating 50 percent to education. She stated there was not enough financial information available or details with regards to which schools would receive an allocation, the amount and accounting for spent monies. She added that she would like to see funding go toward non- traditional education like the library project and expansion versus the new charter school, Ivy Classical. Jeri Young, 641 Mimosa Road, Camellia Estates Subdivision, addressed the council regarding her support of renewing the one cent sales tax as proposed on agenda item 10. She spoke in opposition of the proposed ordinance on agenda item 11, renewing the one cent sales tax and allocating 50 percent to education. She stated the language was too vague, but urged council not to delay the vote on continuing the tax. Dave Burns, 150 Shady Oak Lane, addressed the council regarding his support of the proposed ordinance on agenda item 11, renewing the one cent sales tax with 50 percent allocated to education. He stated that the proposed ordinance, if passed, gave the public a positive impression that city leaders were concerned about the welfare of the city’s children and public- school system. It was his opinion that passage of the ordinance would bring in more business and families to the area. MAYOR’S REPORT: Mayor Gillespie acknowledged the wide variety of representation in the chamber including clergy, business owners, educators and the general public. He appreciated everyone coming together to be part of the important work the council was tasked to complete. Mayor Gillespie highlighted his gratitude toward city employees and the many volunteers who stepped up and performed admirably during and after the recent EF1 tornado. He advised that road construction was ongoing within the city and that there was much more he wanted to discuss 2 but waived his comments so the council session could begin. He closed his report with requests for prayer as the council makes difficult decisions now and in the future. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: None FINANCE REPORT: Daniel Oakley provided the following report on City Finances for May 2021: • General Fund Revenue Report o $3,807,193.87 – total revenue collected in May o $33,195,630.04 – total revenue collected fiscal year to date • Tax Breakdown Comparison Report o $3,331,444.94 – tax revenue collected in May o 46.01% - increase over May 2020 • General Fund Expenditures Report o 66.67% - portion of fiscal year completed o 63.89% - portion of budgeted expenditures incurred to date • Wastewater Fund Income Statement o $276,036.82 – net income from operations for May o 66.67% - portion of fiscal year completed o 51.51% - portion of budgeted expenses incurred to date (excludes capital projects) • Sanitation Fund Income Statement o $8,479.12 – net income for May o 66.67% - portion of fiscal year completed o 53.16% - portion of budgeted expenses incurred to date • Judicial Fund Income Statement o $33,807.35 - net income for May o 66.67% - portion of fiscal year completed o 57.66% - portion of budgeted expenditures incurred to date • Bank Balances Report o $33,778,510.00 total of all bank balances at the end of May • Accounts Payable & Debt Balances Report o $52,326,764.92 – total debt balance city-wide at end of May o $18,892,264.92 – total non-enterprise fund debt at end of May CONSENT AGENDA 1. RESOLUTION: To Set a Public Hearing for a Lounge Retail Liquor - Class II (Package) License for PM MODI, Inc. d/b/a Premiere Bottle and Wine. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 098 2. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their 3 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 099 3. RESOLUTION: To Surplus Three (3) Copy Machines from the Police Department. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 100 4. RESOLUTION: To Re-Appoint Jerry Crosby as a Member to the Board of Zoning Adjustment. (Sponsored By: Councilor Gornto) RESOLUTION BOOK 2021, PAGE 101 5. RESOLUTION: To Re-Appoint Sarah Johnson as a Member to the Board of Zoning Adjustment. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021, PAGE 102 6. RESOLUTION: To Re-Appoint Michael Whaley as a Supernumerary Member of the Board of Zoning Adjustment. (Sponsored By: Councilor Gornto) RESOLUTION BOOK 2021, PAGE 103 7. RESOLUTION: To Appoint Dan Andreadakis to the Airport Authority. (Sponsored By: Councilor Jackson) RESOLUTION BOOK 2021, PAGE 104 Councilor Jackson made a motion to place items #1-7 on a Consent Agenda and Councilor Chambers seconded the motion. 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. 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, PAGE 105 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, STARNES, GORNTO, STRICHIK, 4 BOONE 7 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : NONE 0 2. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 122 Lina Drive Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 106 Councilor Jackson 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 3. RESOLUTION: To Appoint Joshua S. Johnson as the Economic Development Director of the City of Prattville. (Sponsored By: Council President Pro Tempore Boone) RESOLUTION BOOK 2021, PAGE 107 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 Amend the FY2021 Budget and to Authorize the Release of Funds for the Purchase of One (1) 2021 Chevrolet 4WD Tahoe through State Contract T191L from Donohoo Chevrolet, LLC for Economic Development in the Executive Department at a Cost Not to Exceed $48,365.00. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 108 Councilor Chambers made a motion to adopt the Resolution and Council President Pro Tempore Boone seconded the motion. The Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, STARNES, STRICHIK, BOONE 6 NAYS : GORNTO 1 ABSTAINED : NONE 0 ABSENT : NONE 0 5 5. RESOLUTION: To Set a Public Hearing to Amend Certain Sections of the City of Prattville Code of Ordinances, Appendix A-Zoning. (Sponsored By: Councilor Chambers) RESOLUTION BOOK 2021, PAGE 109 Councilor Chambers made a motion to amend Section 71, R-4 from 3 Stories to 2 Stories and Councilor Gornto seconded the motion. Councilor Chambers made a motion to adopt the Resolution as amended and Councilor Strichik seconded the motion. There being no further discussion, the Resolution was adopted with the following results: AYES : CHAMBERS, BOONE STARNES, GORNTO, STRICHIK, 5 NAYS : STRIPLIN, JACKSON 2 ABSTAINED : NONE 0 ABSENT : NONE 0 6. RESOLUTION: To Release Funds for the Purchase of One (1) 2022 Ford F550 4x4 Diesel Truck with Auto Crane through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, LLC for the Wastewater Division at a Cost Not to Exceed $111,830.00. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2021, PAGE 110 Councilor Striplin 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 7. RESOLUTION: To Release Funds for the Purchase of One (1) Pipehunter Side-Trac Easement Machine with Trailer through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, LLC for the Wastewater Division at a Cost Not to Exceed $49,198.00. (Sponsored By: Councilor Striplin) RESOLUTION BOOK 2021, PAGE 111 Councilor Striplin 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 8. RESOLUTION: To Amend the Budget and Authorize the Planning Department to Execute 6 a Property Acquisition through FEMA’s Hazard Mitigation Assistance Grant Program at a Cost Not to Exceed $39,200.00. (Sponsored By: Council President Starnes) RESOLUTION BOOK 2021, PAGE 112 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 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 SECOND READING Councilor Jackson made a motion to amend Section 38-340 #2 and #9 and Councilor Gornto seconded the motion. Councilor Jackson made a motion to adopt the Ordinance as amended and Councilor Gornto seconded the motion. There being no further 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 10. ORDINANCE: To Amend City Code Division 2. Sales Tax, Section 38-92 Imposition of Certain Sales and Use Taxes. (Sponsored By: Council President Starnes) ORDINANCE BOOK 2021, PAGE 020 FIRST READING Councilor Strichik made a motion to adopt the Ordinance and Council President Pro Tempore Boone seconded the motion. By point of order, it was necessary that the council rules be suspended if immediate action was to be considered. Council President Pro Tempore Boone made a motion to suspend the rules and Councilor Strichik seconded the motion. A roll call vote was conducted with a (6-1) result. Without unanimous consent and there being no further discussion, the Ordinance was held until July 6, 2021, with the following results: AYES : JACKSON, CHAMBERS, STARNES 7 GORNTO, STRICHIK, BOONE, 6 NAYS : STRIPLIN 1 ABSTAINED : NONE 0 ABSENT : NONE 0 11. ORDINANCE: To Amend City Code Division 2. Sales Tax, Section 38-92 Imposition of Certain Sales and Use Taxes. (Sponsored By: Council President Starnes) ORDINANCE BOOK 2021, PAGE 021 FIRST READING Councilor Strichik made a motion to adopt the Ordinance as read. Council President Pro Tempore Boone asked to address Daniel Oakley, Finance Director and Andrew Odom, City Attorney, regarding the one cent sales tax to commence on July 1, 2021. If item 10 was moved to July 6, 2021, how could either ordinance begin on July 1, 2021. Mr. Odom stated Andrew his opinion if the council did not suspend the rules to vote on the one cent tax this evening, the Ordinance would be read a second time July 6, 2021. He also stated that it would be fruitful to have discussion. Mr. Oakley stated that both Ordinances renew the one cent sales tax effective July 1, 2021. However, the ordinance on agenda item 10 holds the revenue in reserves for future use and the ordinance on agenda item 11 divides the revenues (50% Education; 25% Parks and Rec; 25% Infrastructure). By point of order, it was necessary that the council rules be suspended if immediate action was to be considered. Council President Pro Tempore Boone made a motion to suspend the rules and Councilor Strichik seconded the motion. A roll call vote was conducted with a (4-3) result. There being no further discussion, the Ordinance was held until July 6, 2021 with the following results: AYES : STARNES, STRICHIK, BOONE 3 NAYS : STRIPLIN, JACKSON, CHAMBERS GORNTO 4 ABSTAINED : NONE 0 ABSENT : NONE 0 COMMENTS FROM PERSONS PRESENT: Zach Hyden, 1259 D South Memorial Drive, addressed the council about “Automotive Free Clinic” in Prattville, a non-profit organization that derived from a special project during the pandemic. The clinic provides low cost and / or free auto repairs to the community. He asked the council to consider supporting the clinic with American Recovery Funds or discretionary funds. Ed Fleming, Hodges Commercial Real Estate, discussed the rezoning vote for Summit Drive and Highway 14 that was held last month. He advised that he represented Tom Allen and mentioned the contract between his client and the Broadway Group was extended through August 3, 2021, because of the delays issued by the council. Mr. Fleming thanked Councilor Chambers for taking the time out his day to speak with him about the rezoning vote and asked the council for an explanation of why the majority voted against it contrary to the Planning Commission’s recommendation. He requested that rezoning from FAR to B-2 come back to the council for another vote. Councilor Chambers explained that his decision to vote against rezoning was based on the welfare and safety of citizens who live in the vicinity of that area 8 and may have been impacted by the influx of traffic. Mr. Fleming stated his client was not required to have a traffic study completed, so one was not ordered. Paul Burkett, Hodges Commercial Real Estate and representative of Tom Allen, addressed the council regarding the pending contract with the Broadway Group. He wanted the council to be reasonable and protect the integrity of the rezoning process. Mr. Burkett asked what would be needed in order to proceed with the contract for economic development prior to its expiration in the fall. Councilor Strichik advised that he had no issues to reconsider re-zoning but only after more research was prepared and reviewed. Nanette Cartier, 2346 Highway 31 North, Deatsville, addressed the council with her concerns of speeders and red-light runners at the intersection of Highway 82 and Highway 31. She suggested there be red light cameras put up and city police presence in the area to deter speeding and running lights for the protection of her relatives that live in the area and the citizens of Prattville. Jon Lee Finnegan, 211 Deer Trace, thanked the council for having the microphones operational so that she could hear all of the councilors. She agreed that red-light runners and speeders were a problem that the city’s police department should address. She asked the council what “reserved” meant on the ordinances read for agenda items 10 and 11. Daniel Oakley, Finance Director, explained that “reserved” was only an indication of a place holder used for numbering in the event that additional code was approved to insert in the future. Ms. Finnegan addressed her support on approval to hire Josh Johnson as the city’s Economic Development Director and mentioned in her research she discovered he was a Marine. She read a portion of the Marine Corps core values, specifically reciting HONOR because this was a trait that she felt everyone should embody. CLOSING COMMENTS: Council President Pro Tempore Boone advised that she was disappointed that neither of the one cent sales tax ordinances passed because so much time had been spent in preparation of the tax’s renewal and importance of the tax to the citizens of Prattville. Council President Starnes advised that he did expect the one cent sales tax ordinance proposed in agenda item 10 to pass but surmised that the process is sometimes arduous and that he will continue to work with the citizens and the Council for a resolution. EXECUTIVE SESSION Council President Starnes announced that the Council needed to enter into Executive Session to discuss an economic development matter within the City. Andrew Odom, City Attorney, has provided the City Clerk with a letter of explanation for the Executive Session. That letter is made part of the official record. Councilor Strichik made a motion to enter into Executive Session and Councilor Chambers seconded the motion. The City Clerk took a roll call vote. ROLL CALL VOTE : Councilor Striplin Yes 9 Councilor Jackson Yes Councilor Chambers Yes Council President Starnes Yes Councilor Gornto Yes Councilor Strichik Yes Council President Pro Tempore Boone Yes With all Ayes (7-0), the Council entered into Executive Session at 7:10 p.m. Council President Starnes announced that the Executive Session should last approximately thirty minutes. Due to technical difficulty, the Executive Session was extended. The Council returned to Regular Session at 8:35 p.m. ADJOURN: There being no further business to come before the Council, Councilor Gornto made a motion to adjourn and Councilor Chambers seconded the motion. The meeting adjourned (7-0) at 8:35 p.m. APPROVED: ___________________________ Lisa Byrd Interim City Clerk ___________________________ Gerald “Jerry” Starnes, President Prattville City Council SUBMITTED BY: Dawn J. Russell Assistant City Clerk