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CC Minutes 2023.06.201 PRATTVILLE CITY COUNCIL CITY COUNCIL MINUTES TUESDAY, JUNE 20, 2023 6:09 P.M. The Prattville City Council met in regular session on Tuesday, June 20, 2023, at 6:09 p.m. in the Council Chambers at City Hall. After the Pledge of Allegiance to the American Flag, Councilor Chambers gave the invocation. Roll was called with all Councilors recorded as present with the exception of Council President Boone. Council President Pro Tempore Strichik declared a quorum and called the meeting to order. THE CHARACTER TRAIT OF THE MONTH IS OBEDIENCE: Quickly and cheerfully carrying out the direction of those who are responsible for me. APPROVAL OF MINUTES: Public Hearing and City Council Meeting June 6, 2023. Councilor Gornto made a motion to adopt the minutes and Councilor Merrick seconded the motion. There being no discussion, the minutes were adopted (6-0). Council President Pro Tempore Strichik recognized Mr. Trip Branch and Boy Scout Troop 311 in attendance. COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: Jon Lee Finnegan, 211 Deer Trace, commented on the proposed ordinance referencing the amendment of Riverfell PUD’s master plan. MAYOR’S REPORT: Mayor Gillespie thanked the Boy Scouts troop for their attendance. He thanked the Parks and Recreation, Public Works and Engineering Departments for their timely efforts to get upgrades at North Highland Park completed in time for the Juneteenth celebration with more upgrades in the works. Unfortunately, due to inclement weather, the Juneteenth celebration was rescheduled for Saturday, June 24, 2023. Mayor Gillespie reported the Cone Street project expected to begin today would be pushed an additional week due to the rescheduling. Mayor Gillespie thanked Council Jackson for his sponsorship of Agenda Item 2, renaming the North Highland Park pavilion after Ms. Mary Virginia Harris. Mayor Gillespie recognized Ms. Harris in attendance. Mayor Gillespie reported on the Thomas Avenue Stormwater project progress and that during business hours the outside lane of Highway 31 will be closed from McDonald's to Thomas Avenue until all work is completed in front of the Arrow Pest location. He requested that caution be used in that area. Mayor Gillespie stated that work already completed with the project has proven beneficial and alleviated some flooding. Mayor Gillespie reiterated he was not in favor of Agenda Item 1, allowing four-story apartments in the City, but supported the overall concept of the Riverfell PUD. Mayor Gillespie advised the Parks and Recreation Department is hosting the All Youth Sports Tournament at Mac Gray Park 1 and 2 through June 24, 2023. He thanked the Parks and Recreation Department for their hard work and diligence in putting together another top-notch event. He reported that Pratt Pool would host a state-wide swim meet on Saturday, June 24, 2 2023. Additionally, the Prattville Farmer’s Market will be open this Saturday at 7:00 a.m. and every Saturday through August 26, 2023. He reported the City’s first Creek Walk concert series of the year was successful and announced the next free concert in the series would be Tuesday, June 27, 2023, from 6:30 p.m. to 8:30 p.m. at Spillway Park. REPORT FROM COUNCIL ON SPECIAL COMMITTEES: None. REPORT ON THE STATUS OF CITY FINANCES: Finance Director Daniel Oakley provided the following report on City Finances for May 2023. • General Fund Revenue Report o $4,721,023.67 - total revenue collected in May o $40,804,636.05 - total revenue collected fiscal year to date • Tax Breakdown Comparison Report o $3,630,657.33 - tax revenue collected in May o 7.02% - increase over May 2022 • General Fund Expenditures Report o 66.67% - portion of fiscal year completed o 59.40% - portion of budgeted expenditures incurred to date • Wastewater Fund Income Statement o $79,247.22 - net income from operations for May o 66.67% - portion of fiscal year completed o 55.06% - portion of budgeted expenses incurred to date (excludes capital projects & debt service) • Sanitation Fund Income Statement o ($42,132.72) - net loss for May (due to lower receipts received from the Water Works Board and the purchase of two parcels recently approved by Council) o 66.67% - portion of fiscal year completed o 62.24% - portion of budgeted expenses incurred to date • Judicial Fund Income Statement o ($145,360.83) - net loss for May (due to the quarterly metro jail payment) o 66.67% - portion of fiscal year completed o 50.25% - portion of budgeted expenditures incurred to date • Bank Balances Report o $53,627,685.86 - total of all bank balances at the end of May • Accounts Payable & Debt Balances Report o $58,061,243.44 - total debt balance city-wide at the end of May o $25,196,993.44 - total non-enterprise fund debt at the end of May CONSENT AGENDA 1. RESOLUTION: To Authorize the Mayor to have Garbage and Rubbish and Overgrown Grass and Weeds at 205 Edgewood Avenue Abated Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, P AGE 117 3 2. RESOLUTION: To Authorize the Mayor to have Garbage and Rubbish and Overgrown Grass and Weeds at 719 Cranbrook Drive Abated Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 118 3. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 302 Poplar Street Abated Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 119 4. RESOLUTION: To Authorize the Mayor to have Overgrown Grass and Weeds at 124 Tew Street, 354 Bedford Terrace and 126 Magnolia Drive Abated Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 120 5. RESOLUTION: To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 130 Lee Circle and 212 Edgewood Avenue to be Unsafe and a Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 121 Councilor Chambers made a motion to place item numbers 1-5 on a Consent Agenda and Councilor Jackson seconded the motion. The items were placed on a Consent Agenda (6-0). Councilor Striplin 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE AGENDA 1. ORDINANCE: To Amend Ordinance Book 2022, Page 035, Rezoning Property Located Inside the Corporate Limits at the Eastern/Southeastern Side of Highway 82 East, East of McQueen Smith Road and West of Constitution Avenue to Allow Four-Story Multi-Family Structures, With No Ground Floor Restrictions, in this PUD (Planned Unit Development) (Petitioner: Halieus LLC). {Sponsored By: Council President Boone} ORDINANCE BOOK 2023, PAGE 012 This ordinance was introduced at the May 16, 2023, Council meeting where Councilor Chambers made a motion and Councilor President Pro Tempore Strichik seconded the motion. Councilor Gornto advised he emailed all Councilors with his concerns on May 4, 2023. He stated he was not opposed to the PUD itself, but opposed altering the plans to allow for four- story structures that went against the City’s zoning ordinance, stating it would set a dangerous 4 precedence. He eluded that District V was bearing most of the brunt regarding the construction and marketing of multi-family structures and constituents feel there are enough complexes in the City as is. Council President Pro Tempore Strichik asked Public Works Director Dale Gandy to answer questions about water concerns brought up during the Public Hearing. Mr. Gandy stated the Water Works Board would be the most qualified to field those questions. Councilor Chambers asked Planning Director Scott Stephens if a developer was allowed to amend their master plan with the Planning Commission. Mr. Stephens advised the City’s zoning ordinance, specifically the article dealing with PUDs, did allow for amendments to plans and the developer followed all protocols through the process. Mr. Stephens explained the amendment would reduce the number of multi-family units from 550 to 350, but the structure would be taller. Councilor Chambers asked if the structure were taller, were code requirements for building and fire vetted and approved. Mr. Stephens advised if the amendment passed, the developer would have to adhere to all building and fire codes. Councilor Striplin advised he located fifteen buildings and one structure with more than two floors, specifically ten with three floors and six with four floors, mentioning this did not account for any residential subdivision that could include basements with two floors above ground. He estimated that given the number of commercial structures above two stories, it appeared the building and fire codes safely accommodated structures with more than two floors. Additionally, he stated engineering standards accommodated the ability to get water, electrical and HVAC services to all floors successfully. Councilor Striplin advised the founder of Prattville, Daniel Pratt, built a four-story building over 180 years ago without the benefit of modern technology and that building is still standing and being repurposed for apartments. He questioned why the City purchased the building across the street from City Hall that has more than two stories, if there was a concern about the number of floors. In closing, Councilor Striplin stated he would abstain from voting on the ordinance due to being a co-trustee for trust that owned and sold the parcel of property. There being no further discussion, the Ordinance was adopted with the following results: AYES : JACKSON, CHAMBERS, MERRICK, STRICHIK 4 NAYS : GORNTO 1 ABSTAINED : STRIPLIN 1 ABSENT : BOONE 2. RESOLUTION: To Name the Pavilion at North Highland Park the “Mary Virginia Harris Pavilion”. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 122 Councilor Jackson 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 5 ABSENT : BOONE Council President Pro Tempore Strichik congratulated Ms. Harris. 3. RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) 2023 Ford Expedition through State of Alabama Contract No. T191L from Stivers Ford Lincoln, Inc. for the Parks and Recreation Department at a Cost Not to Exceed $50,160.00. {Sponsored By: Council President Pro Tempore Strichik} RESOLUTION BOOK 2023-A, PAGE 123 Councilor Merrick 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE 4. RESOLUTION: To Authorize Krebs Engineering, Inc. to Make Application to the Montgomery Metropolitan Planning Organization (MPO) for the FY2024 Transportation Alternative Program (TAP) for Court Street Streetscapes. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 124 Councilor Chambers 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE 5. RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) 2023 John Deere 410 P-TIER Backhoe Loader and Trailer through the Sourcewell Purchasing Cooperative, Contract No. 032119-JDC, from Warrior Tractor and Equipment Company, Inc. for the Engineering Department at a Cost Not to Exceed $225,896.32. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 125 Councilor Gornto 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE 6 6. RESOLUTION: To Amend the Budget and Authorize the Release of Funds for the Purchase of One (1) 2024 Kenworth T380 Flatbed Dump Truck through the Sourcewell Purchasing Cooperative, Contract No. 060920-KTC, from Kenworth of Montgomery, Inc. for the Engineering Department at a Cost Not to Exceed $159,509.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 126 Councilor Striplin 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE 7. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Goodwyn Mills Cawood LLC for Engineering Services for the Cobbs Ford Road Turn Lane Extension and Sidewalk Improvements Project for the Engineering Department at a Cost Not to Exceed $140,700.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 127 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, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE 8. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Larry E. Speaks & Associates, Inc. for Engineering Services for the Vista Pointe Park Improvements Project for the Engineering Department at a Cost Not to Exceed $20,000.00. {Sponsored By: Councilor Jackson} RESOLUTION BOOK 2023-A, PAGE 128 Councilor Jackson made a motion to adopt the resolution and Councilor Merrick seconded the motion. There being no discussion, the Resolution was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE 9. ORDINANCE: To Surplus Real Property and Authorize the Mayor to Enter into a Real Estate Exchange Agreement with The Water Works Board of the City of Prattville. {Sponsored By: Councilor Jackson} ORDINANCE BOOK 2023, PAGE 013 7 Councilor Jackson made a motion to adopt the ordinance and Councilor Striplin 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 Jackson seconded the motion. There being no discussion, Council President Pro Tempore Strichik ordered a Roll Call Vote for the suspension of rules. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Merrick Aye Councilor Gornto Aye Councilor Strichik Aye The rules were suspended (6-0). The ordinance now being properly before the Council, Council President Pro Tempore Strichik invited questions and comments from the Council. There being no discussion, the Ordinance was adopted with the following results: AYES : STRIPLIN, JACKSON, CHAMBERS, MERRICK, GORNTO, STRICHIK 6 NAYS : NONE 0 ABSTAINED : NONE 0 ABSENT : BOONE Council President Pro Tempore Strichik stated that by legal definition, this portion of the Council meeting is set aside to allow comments on items that are not currently on the agenda, but was not a dialogue with the Council. All commenters were instructed to write and state their name and address for the record and there would be a three-minute limit for each commenter. At approximately 6:46 p.m., Councilor Gornto exited the Council Chambers. COMMENTS FROM PERSONS PRESENT Jon Lee Finnegan, 211 Deer Trace, expressed her disappointment in the passage of Agenda Item 1 pertaining to the Riverfell PUD. She thanked the Urban Management Division and Sanitation Department for their prompt response to removing fallen trees and debris in her neighborhood. Angie Hayden, 910 Silver Creek Court, spoke regarding the availability of books in the library and differentiating the children’s section from the young adult section. Jennifer Humphrey, 703 English Hill Drive, spoke regarding the availability of books in the library and the threat of restricting access to resources and information. Mary Virginia Harris, 133 East 6th Street, thanked the Council and Mayor Gillespie for the honor bestowed upon her this evening. 8 Audrey Strong, 106 Aberdeen Court, spoke regarding the availability of books in the library and requested the Council cut ties with the American Library Association or cut funding the City’s library. Patrick Lucas, 1211 Caliber Crossing, thanked the Council, Mayor Gillespie and all involved for the upgrades made to North Highland Park. Rachel Daniels, 533 Weatherby Trail, spoke regarding the availability of books in the library and cited state code 13A-12-200 referencing offenses against public health and morals. Caryl Lawson, 1511 Trolley Road, spoke regarding the availability of books in the library. Will Sanchez, 502 Greystone Way, spoke regarding the availability of books in the library and resources in the library that are potentially harmful to minors. Adam Hunt, 304 Cranbrook Court, spoke regarding the availability of books in the library and invited the Council to meet with him to view some of the books that were placed behind the circulation desk. Hannah Rees, 101 Grove Court, read an excerpt from a book. Robin Campbell, 5381 Oak Lane (Millbrook, AL), spoke regarding the availability of books in the library and commented on methods of funding to the library. Kristen Hayden, 910 Silver Creek Court, commented on her experiences in the library and attributed those experiences in the development and expression of ideas and awareness. Cecile Douglas, 203 Gayle Street, spoke regarding the availability of books in the library and funding. Julia Phillips, 535 Pinecrest Street, spoke regarding the availability of books in the library, outlined federal case law regarding the due process clause within the 14th Amendment and parental responsibility. Trevor Mendenhall, 1362 Tullahoma Drive, spoke regarding the availability of books in the library, oversight and accountability. Michael Scott, 532 Overton Drive, spoke regarding the availability of books in the library and a compromise on where to place certain books for the check-out process. CLOSING COMMENTS: Councilor Jackson thanked all City staff involved with the updates to North Highland Park. He appreciated the outpour of support and invited all to attend the rescheduled Juneteenth celebration at North Highland Park on June 24, 2023. 9 Council President Pro Tempore Strichik reminded all that the first Council meeting in July was rescheduled to July 11, 2023, due to Independence Day. He invited all to the Independence Day Parade on July 4, 2023, along with cardboard boat races at Pratt Pool and the Lions Club BBQ with fireworks scheduled for that evening at the clock tower. At approximately 7:27 p.m., Councilor Gornto returned to the Council Chambers and took his seat at the dais. Council President Pro Tempore Strichik advised there was a need to enter into Executive Session to discuss legal matters related to controversies not yet being litigated, but likely to be litigated. He advised that City Attorney Andrew Odom submitted a letter signifying the legality of this action and that Executive Session would last approximately twenty (20) minutes. Upon return there would be no further business to come before the Council. Councilor Jackson made a motion to enter into Executive Session and Councilor Merrick seconded the motion. Council President Pro Tempore Strichik ordered a Roll Call vote. ROLL CALL VOTE: Councilor Striplin Aye Councilor Jackson Aye Councilor Chambers Aye Councilor Merrick Aye Councilor Gornto Aye Councilor Strichik Aye The motion to enter into Executive Session was passed with a vote of 6-0. The Council entered into Executive Session at 7:28 p.m. and returned to Regular Session at 7:49 p.m. ADJOURN: There being no further business to come before the Council, Councilor Gornto made a motion to adjourn and Councilor Merrick seconded the motion. The meeting adjourned at 7:49 p.m. (6-0). APPROVED: Paula G. Barlow City Clerk Lora Lee Boone, President Prattville City Council SUBMITTED BY: Dawn Russell Assistant City Clerk