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CC Minutes 2022.08.02PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, AUGUST 2, 2022 6:03 P.M. The Prattville City Council met in regular session on Tuesday, August 2, 2022, at 6:03 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 with the exception of Councilor Starnes. Council President Boone declared a quorum and called the meeting to order. THE CHARACTER TRAIT OF THE MONTH IS HUMILITY: Acknowledging that achievement results from others' investment in life. APPROVAL OF MINUTES: Work Session, Public Hearing and City Council Meeting July 19, 2022. Councilor President Pro Tempore Strichik made a motion to adopt the minutes and Councilor Gornto seconded the motion. There being no discussion, the minutes were adopted (6-0). COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT'S AGENDA: Dr. Gerald M. Cimis, 141 N. Chestnut Street, voiced his concern about wording on the resolution presented under Agenda Item 9. He did not agree with the proposed $5.00 flat fee charged for a general record request. MAYOR'S REPORT: Mayor Gillespie reported the City was well represented at the EDAA Conference to include attendance by the City's Economic Development Team, some Councilors and himself. He looks forward to utilizing the valuable tools and information that were gathered during the conference. Mayor Gillespie stated he and staff joined Governor Ivey and other State and local officials today to break ground on the James Hardie expansion project in Prattville, commenting that 5 years have passed since James Hardie opened the facility in the South Industrial Park. The expansion marks the largest James Hardie Building Products, Inc. facility in the world, providing an additional 400 jobs and a substantial investment for the community. Mayor Gillespie reported the pedestrian bridge on Bridge Street should be delivered next week. He recommended going by the area to see the improvements to pedestrian access. Mayor Gillespie briefly touched on the July 29, 2022, meeting with Councilor Jackson and several others. He thanked all that participated. He also thanked One Prattville, a partnership with One Community Outreach United and the City's Police Department for the back -to -school jam on Friday. Additionally, Mayor Gillespie thanked the Parks and Recreation Department for hosting their back -to -school pool party on Saturday. Mayor Gillespie closed his report by reminding all that school begins next week and to be vigilant when driving through school zones as traffic will increase in those areas. He warned that speeding, regardless of how fast, could be very dangerous. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: None. CONSENT AGENDA 1. RESOLUTION: To Accept Improvements and Maintenance of Prattville Business Park Plat No. 5. {Sponsored By: Councilor Chambers} RESOLUTION BOOK 2022-A, PAGE 143 2. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a Public Hearing per Title 11, Chapter 57 of the Lode of Alabama, 1975, as Amended. {Sponsored By: Councilor Starnes} RESOLUTION BOOK 2022-A, PAGE 144 Council President Pro Tempore Strichik made a motion to place item numbers 1-2 on a Consent Agenda and Councilor Chambers seconded the motion. The items were placed on a Consent Agenda (6-0). 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, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 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: Councilor Starnes} RESOLUTION BOOK 2022-A, PAGE 145 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, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 2. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 222 Moncrief Street Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances. {Sponsored By: Councilor Starnes} RESOLUTION BOOK 2022-A, PAGE 146 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, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 3. ORDINANCE: To Rezone Property Located Inside the City Limits at 1976-1996 Fairview Avenue from FAR (Forest, Agriculture, Recreation) to B-2 (General Business) (Petitioner - Covered Bridge SC, LLC). {Sponsored By: Councilor Chambers} ORDINANCE BOOK 2022-A, PAGE 033 This ordinance was introduced at the July 5, 2022, City Council meeting, where Councilor Chambers made a motion to adopt the ordinance and Councilor Gornto seconded the motion. There being no discussion, the Ordinance was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 4. RESOLUTION: To Amend the FY2022 Budget and to Authorize the Release of Funds for the Purchase of One (1) 2022 John Deere BA84C Angle Broom from Warrior Tractor & Equipment Company, Inc. for the Engineering Department at a Cost Not to Exceed $11,155.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2022-A, PAGE 147 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, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 5. RESOLUTION: To Authorize the Purchase of One (1) 2024 Kenworth T380 Dump Truck through the Sourcewell Purchasing Cooperative from Kenworth of Montgomery, Inc. at a Cost Not to Exceed $146,500.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2022-A, PAGE 148 Councilor Jackson made a motion to adopt the resolution and Councilor Gornto seconded the motion. Councilor Striplin asked if the purchase was a replacement or an addition to the fleet. Engineering Director Robby Anderson advised this would replace the small 2001 dump truck used by the department. There being no further discussion, the Resolution was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 6. RESOLUTION: To Amend the FY2022 Budget and to Authorize the Release of Funds for the Purchase of One (1) 2022 BOMAG 135AD-5 Compaction Roller and Trailer through the Sourcewell Purchasing Cooperative from Warrior Tractor & Equipment Company, Inc. for the Engineering Department at a Cost Not to Exceed $85,790.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2022-A, PAGE 149 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, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 7. RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the City Limits at 2201 Cobbs Ford Road from FAR (Forest, Agriculture, Recreation) to B-2 (General Business) (Petitioner: CFR 2201, LLC). {Sponsored By: Councilor Starnes) RESOLUTION BOOK 2022-A, PAGE 150 Council President Pro Tempore Strichik made a motion to adopt the resolution and Councilor Jackson seconded the motion. Councilor Gornto advised that due to his relationship to the petitioner, he would abstain from voting on the resolution to avoid any conflict of interest. There being no further discussion, the Resolution was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE, STRICHIK 5 NAYS NONE 0 ABSTAINED GORNTO 1 ABSENT STARNES Council President Pro Tempore Strichik then read in the ordinance and by Point -of -Order, the ordinance was held until after the Public Hearing on September 6, 2022. 8. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Regions Bank to Purchase a Temporary Construction Easement and a Portion of the Right -of -Way for the Widening of McQueen Smith Road in an Amount Not to Exceed $23,000.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2022-A, PAGE 151 Councilor Jackson made a motion to adopt the resolution 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 due to the permanent nature of the resolution. Councilor Gornto made a motion to suspend the rules and Council President Pro Tempore Strichik 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, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 9. RESOLUTION: To Authorize Fees for Certain Records. {Sponsored By: Council President Boone}. RESOLUTION BOOK 2022-A, PAGE 152 Councilor Chambers made a motion to adopt the resolution and Council President Pro Tempore Strichik seconded the motion. Councilor Striplin asked if there was any consideration of Dr. Cimis' request to remove the word "electronic" from the resolution. Councilor Gornto advised he would be good with it and stated that it does not cost anything to upload documents to Laserfiche. Councilor Striplin made a motion to amend the resolution by deleting the word "electronic" from line 23 and Councilor Gornto seconded the motion. Council President Boone asked City Attorney Andrew Odom in the event other amendments were presented, should the motion to adopt the first amendment be voted on before moving forward. Mr. Odom advised that a vote on the motion currently before the Council should be completed before entertaining any other motions. Councilor Chambers asked for clarification on "Costs for requests that require minimal time and resources may be waived by the City Clerk" beginning on line 32. Council President Boone advised she would like to have discussion on that after the vote on the amendment presently before the Council. There being no further discussion, the motion to amend was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES Council President Pro Tempore Strichik opened up discussion regarding Councilor Chambers' concerns and also raised a question about the fee of $5.00 for general record requests on line 27. Council President Boone passed the gavel to Council President Pro Tempore Strichik, signifying her representation as the Councilor of District 7 and not as the presiding officer over the entire Council. She explained that after speaking with the Finance and Planning Departments and City Clerk's Office, she feared there would be no way to sustain consistency on waiving fees when multiple departments receive requests for records. Councilor Boone stated that striking "Costs for requests that require minimal time and resources may be waived by the City Clerk", in line 32 and continuing to line 33, would eliminate a skewed perception and allow for a uniform rule to enforce across the board. She added there was already a fee of 50 cents per page charged and would like to see line 27 deleted. She proposed the City place more records online for the public to access. The gavel was returned to Council President Boone. Councilor Jackson asked how the fee of $5.00 came about. City Clerk Paula G. Barlow advised that a poll of other municipalities and departments was completed and $5.00 was the average cost of a record request. Councilor Gornto made a motion to amend the resolution by deleting "general record requests $5.00" from line 27 and deleting "Costs for requests that require minimal time and resources may be waived by the City Clerk" beginning on line 32 and ending on line 33. Councilor Jackson seconded the motion. There being no further discussion, the motion to amend was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES There being no further discussion, the amended Resolution was adopted with the following results: AYES STRIPLIN, JACKSON, CHAMBERS, BOONE, GORNTO, STRICHIK 6 NAYS NONE 0 ABSTAINED NONE 0 ABSENT STARNES 10. RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the City Limits at the Eastern/Southeastern Side of Highway 82 East, East of McQueen Smith Road and West of Constitution Avenue from B-2 (General Business) and FAR (Forest, Agriculture, Recreation) to PUD (Planned Unit Development) (Petitioner: Halieus, LLC). (Sponsored By: Council President Boone) RESOLUTION BOOK 2022-A, PAGE 153 Council President Pro Tempore Strichik made a motion to adopt the resolution and Councilor Gornto seconded the motion. Councilor Striplin advised that due to being involved in the transaction, he would abstain from voting on the resolution. There being no further discussion, the Resolution was adopted with the following results: AYES JACKSON, CHAMBERS, BOONE, GORNTO, STRICHIK 5 NAYS NONE 0 ABSTAINED STRIPLIN 1 ABSENT STARNES Council President Pro Tempore Strichik then read in the ordinance and by Point -of -Order, the ordinance was held until after the Public Hearing on September 6, 2022. COMMENTS FROM PERSONS PRESENT: None. CLOSING COMMENTS: Council President Pro Tempore Strichik recommended all to view WSFA's feature from today regarding Parks and Recreation Director Kellie Cook's update on Tier I Parks Project. Council President Boone reminded all about the Work Session scheduled for August 23, 2022, at 6:00 p.m. to review and make final edits to the Short -Term Rental ordinance before it is presented for a vote. She added that the Work Session is for Councilors and not a public input meeting. Council President Boone reiterated that the public submit all questions, comments and/or concerns via email at citycouncil(@Drattvilleal.gov prior to the Work Session so Councilors could be prepared for the meeting. Council President Boone announced the next City Council meeting is scheduled for Tuesday, August 16, 2022, at 6:00 p.m. ADJOURN: There being no further business to come before the Council, Councilor Gornto made a motion to adjourn and Council President Pro Tempore Strichik seconded the motion. The meeting adjourned at 6:48 p.m. (6-0). APPROVED: Paula G. Barlow City Clerk Lora Lee Boone, President Prattville City Council SUBMITTED BY: Dawn Russell Assistant City Clerk