2005-11-23 city council minutes special session

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    CITY COUNCIL MINUTESSPECIAL SESSION

    WEDNESDAY, NOVEMBER 23, 2005 4:00 P.M.

    The Prattville City Council met in special session on Wednesday, November 23rd

    at 4:00 p.m. in the Council Chambers at City Hall. Roll was called andCouncilmen Wood and Miller were recorded as being absent. After the Pledge ofAllegiance to the American Flag, Council President Argo gave the invocation.

    APPR OVAL OF MINUTES : November 15, 2005 council minutes.

    Councilman Renegar made the motion to adopt the minutes and CouncilmanMacready seconded the motion. The minutes were approved (5-0).

    MAYORS REPORT:

    Mayor Byard began by thanking the citizens of Prattville for the overwhelmingsupport they have shown regarding the $48,000,000.00 bond issue. Heexpressed his appreciation to those who had called him, written letters andapproached him in public with legitimate concerns and important questions.

    The Mayor reminded those in attendance that 20-25 years ago, the City Councilvoted to run water and sewer lines out to Interstate I-65 at a time when only onehotel was located in that area. At the time, citizens could not imagine thebusiness growth that would occur, and therefore, were opposed to the idea.

    He also spoke of the City Council that voted to approve a $6,000,000.00 bond

    issue in 1996 for the Robert Trent Jones Golf Trail. The Mayor noted that justlast year 60,000 golfers who do not live here played our RTJ golf course. TheMayor also added that lodging taxes had increased from $150,000.00 in 1999 to$1,300,000.00 in 2004.

    Councilman Wood arrived at 4:15 p.m.

    Reid Cavnar, 104 Scarlet Oak Court, Prattville, AL 36066, appeared before theCouncil as a representative of Merchant Capital, the Citys Investment Bank. Hereiterated that although they are authorizing the full amount of $48,000,000.00,it does not mean that the full amount must, or will be, spent.

    He reminded those in attendance that as state and federal funds are madeavailable for road and intersection improvements, loan funds will be paid back.Mr. Cavnar also stated that some of the funds will be placed in a reserve fund,which is a common practice that ensures that the debt will be paid until thingsare up and running.

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    Councilman Renegar noted that Merchant Capital was instrumental in making itpossible for Lonestar Plastics to locate in Prattville and further noted that thecompany had not been offered an incentive package to bring approximately 170jobs to Prattville.

    Council President Argo asked Mr. Cavnar to clarify the definition of validation.Mr. Cavnar said that the purpose of the validation hearing is for the courts toverify that the City has done all that is legally required in the bond issue process.

    Mr. Larry Puckett, 507 Fiveash Oaks, Prattville, AL 36066, appeared before theCouncil as Vice Chairman of the Prattville Area Chamber of Commerce EconomicDevelopment Committee. Mr. Puckett stated that the committee had spentcountless hours on this project in an effort to create numerous jobs and improvethe quality of life for the citizens of Prattville.

    Council President Argo thanked Mr. Puckett for the time he volunteers to thecommunity in his capacity as Vice Chairman of the Economic DevelopmentCommittee.

    At this time Council President Argo stated that he had received a copy of a letterthat was addressed to City Clerk Gina P. Smith from Council President ProTempore Tom Miller. The letter explained Councilman Millers absence from theevenings meeting and expressed his full support of the $48,000,000.00 bondissue. It was read into the minutes and a copy of the letter is attached.

    Councilman Macready left the council chambers at 4:35 p.m. and returned at4:36 p.m.

    Council President Argo read a letter from Mr. Bob Lee, 112 Quail Run, Prattville,AL, 36067, who expressed his concerns regarding the bond issue. A copy of Mr.Lees letter is attached.

    Council President Argo recognized State Representative Mac Gipson, AutaugaCounty Sheriff Herbie Johnson, District Attorney Randall Houston, Former CityCouncilman Gene Hall, Former City Councilman Bobby Carter, Circuit ClerkWhit Moncrief, and Former Probate Judge Jim Corley who were in attendance atthe evenings meeting.

    Citizens who attended the evenings meeting had an opportunity to sign a form in

    opposition or support of the bond issue if they wished to speak before theCouncil. Council President Argo allowed them to speak by alternating betweenthe two lists beginning with the opposition list.

    The following citizens signed to speak in opposition to the bond issue:

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    Ms. Jon Lee Finnegan 211 Deer Trace Street, Prattville, AL 36067Mrs. Patricia Cummins 1208 Kenwood Court, Prattville, AL 36067

    (Not necessarily opposed, but do have some questions)Bob Bent 203 Deer Run, Prattville, AL 36067

    (Have questions)

    Robin Putzel 117 Mobile Drive, Prattville, AL 36067Bobby Carter 559 West Fourth Street, Prattville, AL 36067Sandra Fowler 904 Old Ridge Road, Prattville, AL 36066

    (Dont necessarily oppose but have a question- depending on answer-willdecide)

    Clara MonfeeBob Scott 1807 County Road 107, Prattville, AL 36066Charles Worthy 106 Amanda Lane, Prattville, AL 36066 William Headley 103 Greencrest Lane, Prattville, AL 36067Greg Meadows 921 East Main Street, Prattville, AL 36066John A. BlowJimmy Deas 113 Greencrest Lane, Prattville, AL 36067Don Drasheff 111 Quail Run, Prattville, AL 36067

    Councilman Wood left the council chambers at 5:40 p.m. and returned at 5:42p.m.

    Councilman Fank left the council chambers at 5:42 p.m. and returned at 5:45p.m.

    The following citizens signed to speak in support of the bond issue:

    Gene Hall 206 Stewart Street, Prattville, AL 36067

    Danny Loftin 154 First Street, Prattville, AL 36067Len Skipper 104 Twelve Oaks Court, Prattville, AL 36066Mitch Devers 470 McQueen Smith Rd., Prattville, AL 36066Mary Lamdin 1707 Pebble Creek Drive, Prattville, AL 36066Larry Puckett 507 Fiveash Oaks, Prattville, AL 36066Tony Harris 1803 Jenny Drive, Prattville, AL 36066Frank Griswold 712 Runningbrook Cr., Prattville, AL 36066Todd Stephens 506 Fiveash Oaks, Prattville, AL 36066Dave Burns 150 Shady Oak Lane, Prattville, AL 36066 Allison Gray 1698 Old Country Road, Deatsville, AL 36022

    (Owner of A Carousel of Shoppes), 119 West Main Street, Prattville, AL 36067)

    Larry Martin 421 Summerhill, Prattville, AL 36067Keith Gamble 312 Poplar Street, Prattville, AL 36067

    At 5:50 p.m. Council President Argo called for a 10 minute recess. At 6:00 p.m.the Council went back into session.

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    AGENDA ITEMS

    At 6:40 p.m. Council President Argo called for a five minute recess. The Councilwent back into session at 6:45 p.m.

    Council President Argo informed those present at the meeting that if it appearsthat there is not sufficient discussion about the agenda items after eachResolution is introduced, the reason is because each issue has been discussed byall councilmembers in great detail for several months in various meetings. Hefurther added that in the event a councilmember wishes to speak regarding theseissues, the floor will be open for discussion at the appropriate time.

    1. RESOLUTION: TO AUTHORIZE AND APPROVE THEEXPENDITURE OF NOT MORE THAN $5,500,000 FOR THEPURP OSE OF REDESIGNNING AND UPGRADING THEINTERSECTION OF COBBS FORD ROAD AND REDFIELD/ROCKYMOUNT ROADS AND ADJACENT PORTIONS OF REDFIELD ROADAND ROCKY MOUNT ROAD, AND PORTIONS OF COBBS FORDROAD LOCATED EAST AND WEST OF THE INTERSECTION FROMINTERSTATE HIGHWA Y 65 TO ALABAMA HIGHWAY 6,INCLUDING PAYM ENT OF COSTS OF DESIGN, STORMDRAINAGE, GRADING, SIGNALIZATION, AND ALL OTHERRELATED COSTS. (RESOLUTION BOOK 2205-A, PAGE015).

    Councilman Renegar made the motion to adopt the Resolution and CouncilmanFank seconded the motion. There being no discussion, the Resolution was

    adopted with the following results:

    AYES : GILLESPIE, W OOD, ARGO, RENEGARMACREADY, FANK 6

    NAYS : NONE 0 ABSTA INED : NONE ABSENT : NONE

    2. RESOLUTION: TO AUTHORIZE AND APPROVE THEEXPENDITURE BY THE CITY OF PRATTVILLE OF NOT MORETHAN $8,000,000 TO ALLOW THE CITY OF P RATTVILLE, OR

    TO PROVIDE SUCH FUNDS TO THE COMMERCIALDEVELOP MENT AUTHORITY OF THE CITY OF PRATTVILLE, TOACQUIRE THE LAND AT THE NORTHW EST QUADRANT OF THEINTERSECTION OF COBBS FORD ROAD AND INTERSTATEHIGHWAY 65, AND TO MAKE INFRASTRUCTURES AND SITEIMPROVEMENTS ON THE PROPERTY TO BE LEASED TO BASSPRO OUTDOOR W ORLD, LLC OR A RELATED ENTITY TO LOCATE

    A BASS P RO SHOP OUTDOOR W ORLD RETAIL STORE OF AT

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    LEAST 100,000 SQUARE FEET ON THE LEASED PROPERTY.(RESOLUTION BOOK 20 05-A, PAGE 016).

    Councilman Fank made the motion to adopt the Resolution and CouncilmanMacready seconded the motion. There being no discussion, the vote was called

    and the Resolution was adopted with the following results:

    AYES : GILLESPIE, W OOD, ARGO, RENEGARMACREADY, FANK 6

    NAYS : NONE 0 ABSTA INED : NONE ABSENT : NONE

    3. RESOLUTION: TO AUTHORIZE AND APPROVE THEEXPENDITURE BY THE CITY OF PRATTVILLE OF NOT MORETHAN $4,800,000 TO PAY ALL OR A PORTION OF THE COSTOF CONSTRUCTION OF A NEW CON FERENCE CENTER FACILITYCOMPRISING APPROXIMATELY 8,000 SQUARE FEET TO BELOCATED AT THE EXISTING MARRIOTT PRATTV ILLE HOTEL AT

    CAPITOL HILL, ON PROPERTY OW NED BY THE LEGENDS CORP.AND MANAGED BY PCH HOTELS AND R ESORTS, INC.(RESOLUTION BOO K 2005-A, PAGE 017).

    Councilman Macready made the motion to adopt the Resolution and CouncilmanFank seconded the motion. There being no discussion the Resolution wasadopted with the following vote:

    AYES : GILLESPIE, W OOD, ARGO, RENEGAR

    MACREADY, FANK 6NAYS : NONE 0 ABSTA INED : NONE ABSENT : NONE

    4. RESOLUTION: TO AUTHORIZE AND APPROVE THEEXPENDITURE BY THE CITY OF PRATTVILLE OF NOT MORETHAN $7,500,000 TO PAY THE COSTS OF ACQUISITION ANDSITE IMPROVEMENTS TO BE P AID TO PRATTCENTER, LLC INCONNECTION WITH THE CONSTRUCTION AND DEVELOPM ENTOF A RETAIL SHOPP ING CENTER TO BE LOCATED AT THE

    SOUTHWEST QUADRANT OF THE INTERSECTION OF COBB SFORD ROAD AND REDFIELD ROAD, COMPRISING AT LEAST330,000 SQUAR E FEET OF LEASAB LE AREA AND INCLUDING ATLEAST TWO ANCHOR TENANTS OCCUPYING NOT LESS THAN100,000 SQUAR E FEET AND 80,000 SQUAR E FEET OFLEASAB LE AREA IN THE RETAIL SHOP PING CENTER.(RESOLUTION BOOK 2005-A, PAGE 018).

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    Councilman Gillespie made a motion to adopt the Resolution and CouncilmanCouncilman Renegar seconded the motion. The Resolution was adopted with thefollowing vote:

    AYES : GILLESPIE, W OOD, ARGO, RENEGAR

    MACREADY, FANK 6NAYS : NONE 0 ABSTA INED : NONE ABSENT : NONE

    5. RESOLUTION: TO AUTHORIZE AND APPROVE THEEXPENDITURE BY THE CITY OF PRATTVILLE OF NOT MORETHAN $15,000,000 TO PAY COSTS OF SITE ANDINFRASTRUCTURE IMPROVEMENTS TO BE PAID TOMCCLINTON & COMPANY , INC. AND AIG BAKERDEVELOP MENT, OR A RELATED ENTITY OR JOINT VENTUREOR TO THE COMMERCIAL DEVELOPMENT AUTHORITY OF THECITY OF PRATTVILLE OR OTHER PUB LIC CORPORATION, INCONNECTION WITH CONSTRUCTION AND DEVELOP MENT OF ARETAIL SHOPP ING CENTER TO BE LOCATED AT THENORTHWEST QUADRANT OF THE INTERSECTION OF COBBSFORD ROAD AND INTERSTATE 65, COMPR ISING AT LEAST450,000 SQUARE FEET OF LEASABLE AREA AND INCLUDINGANCHOR STORES , OTHER RETAIL STORES, RESTARURANTS ,FINANCIAL INSTITUTIONS, HOTELS AND OTHER OUTPARCELS .(RESOLUTION BOOK 2005-A, PAGE 019).

    Councilman Wood made the motion to adopt the Resolution and Councilman

    Macready seconded the motion. There being no discussion, the Resolution wasadopted with the following results:

    AYES : GILLESPIE, W OOD, ARGO, RENEGARMACREADY, FANK 6

    NAYS : NONE 0 ABSTA INED : NONE ABSENT : NONE

    CLOSING:

    Mayor Byard wished everyone a Happy Thanksgiving.

    Councilman Wood noted that during the bond issue process, certain individualshad made insinuations that City leaders had been involved in illegal dealings. Hewanted to make it perfectly clear that during his 18 years of service on thePrattville City Council, he had never been involved in anything illegal. He furtherstated that the City Council wanted to take advantage of an opportunity to movethe city forward.

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    Councilman Argo thanked everyone for coming out to share their concerns andsupport for the bond issue. He reminded everyone that this Prattville CityCouncil will be held accountable for the outcome of this endeavor.

    ADJOURN:

    There being no further business to come before the Council, Councilman Macreadymade the motion to adjourn and Councilman Fank seconded the motion. Themeeting closed at 7:00 p.m.

    APPROVED:

    _____________________Gina P. SmithCity Clerk

    _______________________Dean R. Argo, PresidentPrattville City Council