Draft Agenda Packet 06.15.21
AGENDA
PRATTVILLE CITY COUNCIL TUESDAY, JUNE 15, 2021 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: ROLL CALL: CALL TO ORDER:
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 COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES: REPORT ON THE STATUS OF CITY FINANCES: 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) 2. 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)
3. RESOLUTION: To Surplus Three (3) Copy Machines from the Police Department. (Sponsored By: Council President Starnes) 4. RESOLUTION: To Re-Appoint Jerry Crosby as a Member to the Board of Zoning
Adjustment. (Sponsored By: Councilor Gornto) 5. RESOLUTION: To Re-Appoint Sarah Johnson as a Member to the Board of Zoning Adjustment. (Sponsored By: Council President Pro Tempore Boone) 6. RESOLUTION: To Re-Appoint Michael Whaley as a Supernumerary Member of the Board of Zoning Adjustment. (Sponsored By: Councilor Gornto) 7. RESOLUTION: To Appoint Dan Andreadakis to the Airport Authority. (Sponsored By: Councilor Jackson)
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) 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)
3. RESOLUTION: To Appoint Joshua S. Johnson as the Economic Development Director of the City of Prattville. (Sponsored By: Council President Pro Tempore Boone) 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) 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)
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)
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)
8. RESOLUTION: To Amend the Budget and Authorize the Planning Department to Execute 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)
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) HELD FROM JUNE 1, 2021 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)
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) COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS: ADJOURN
The next City Council meeting is scheduled for Tuesday, July 06, 2021, at 6:00 p.m.
Consent Agenda 1
RESOLUTION 1
2 [To Set a Public Hearing for a Lounge Retail Liquor - Class II (Package) License for PM 3 MODI, Inc. d/b/a Premiere Bottle and Wine.] 4 5 {Sponsored By: Council President Starnes} 6
7 WHEREAS, the City of Prattville adopted Ordinance Book 97, Page 002, for the 8 9 purpose of setting Public Hearings to allow public comment for licenses, including Lounge 10 11
Retail Liquor-Class II (Package) License; and 12 13 WHEREAS, PM MODI, Inc. d/b/a Premiere Bottle and Wine, to be located at 1947 14 15 Cobbs Ford Road, Prattville, Alabama 36066, has made application for said license. 16
17 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18 19 hereby sets a Public Hearing for July 20, 2021, at 6:00 p.m. in the Council Chambers at City 20 21
Hall for said license application. 22 23 ADOPTED THIS 15TH DAY OF JUNE, 2021. 24 25 26
______________________________ 27
By: Gerald “Jerry” Starnes, President 28 Prattville City Council 29 30 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 31
32
33 ______________________________ 34 By: Lisa Terrill 35 City Clerk 36
37 APPROVED: 38 39 40 ______________________________ 41
By: Bill Gillespie, Jr. 42
Mayor 43 44 45 46
47 48 49 50
51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Consent Agenda 2
RESOLUTION 1
2 [To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a 3 Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended.] 4 5 (Sponsored By: Council President Starnes} 6
7 WHEREAS, an abundance of overgrown grass or weeds: 8 9 1. is injurious to the public health, safety and general welfare by providing a breeding 10 ground and shelter for rats, mice, snakes, mosquitoes, and other vermin; 11
2. may cause the further spread of weeds; 12 3. may hide debris, such as glass or metal, that could inflict injury on a person going to 13 such property; 14 4. may also pose a fire hazard and respiratory hazard; and 15 16
WHEREAS, §11-67-1 et Seq., of the Code of Alabama, 1975, as amended, 17 18 permits the City Council of the City of Prattville to declare an abundance of overgrown 19 20 grass and weeds to be a public nuisance; and 21
22 WHEREAS, the Prattville Police Department Code Enforcement Officer has 23 24 inspected the properties at the following addresses and determined the existence of an 25 26
abundance of overgrown grass and weeds: 27 28
• 1212 Josephine Avenue - Creekside Drive, LLC, 212 W Troy Street, Suite B, Dothan, 29
AL 36303 30
(19 05 15 1 001 023.000) 31
32
• 112 Tew Street - Joe Ushman, 112 Tew Street, Prattville, AL 36066, 33
(19 02 10 2 015 021.000) 34 35
• 1026 South Memorial Drive - CMC Real Estate, 131 Poplar Street, Prattville, AL 36
36066 37
(19 05 15 2 021 001.000) 38 39
• 1105 Deramus Court - Danny C & Kathy L Taylor, 1105 Deramus Court, Prattville, AL 40
36066 41
(19 05 15 2 013 027.000) 42 43 NOW, THEREFORE, BE IT RESOLVED that: 44
45
1. the City Council of the City of Prattville declares the abundance of overgrown grass 46 and weeds at the above-listed addresses to be a public nuisance; and 47 2. the owners of said property, as they appear in the records of the Autauga County or 48 Elmore County Revenue Commissioners, are ordered to abate the abundance of 49
overgrown grass and weeds; and 50
3. the owners of said property are ordered to appear before the City Council of the City of 51 Prattville at a public hearing at 6:00 p.m. on July 20, 2021, in Prattville City Hall; and 52 4. the notice as required by §11-67-62, Code of Alabama, 1975, as amended, will be 53 provided in a publication of general circulation in compliance with the law, by certified 54
mail, and by signage on the subject property. 55 56 ADOPTED THIS 15TH DAY OF JUNE, 2021. 57 58 59
______________________________ 60
By: Gerald “Jerry” Starnes, President 61 Prattville City Council 62
Consent Agenda 2
AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 63
64
65 ______________________________ 66 By: Lisa Terrill 67 City Clerk 68
69 APPROVED: 70 71 72 ______________________________ 73
By: Bill Gillespie, Jr. 74
Mayor 75 76 77 78
79 80 81 82 83
84 85 86 87 88
89 90 91 92 93
94 95 96 97 98
99 100 101 102 103
104 105 106 107 108
109 110 111 112
113 114 115 116 117
118 119 120 121 122
123 124 125 RESOLUTION BOOK 2021, PAGE ___126
Consent Agenda 3
RESOLUTION 1
2 [To Surplus Three (3) Copy Machines from the Police Department.] 3 4 {Sponsored By: Council President Starnes} 5 6
WHEREAS, the City of Prattville, Alabama, has certain items of personal property 7 8 which are no longer needed for public or municipal purposes; and 9 10 WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the 11
12 municipal governing body to dispose of unneeded personal property. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 15 16
that the following personal property owned by the City of Prattville, Alabama, is no longer 17 18 needed for public or municipal purposes and said property shall be removed from the 19 20 inventory of the Police Department: 21
22
• Konica Minolta Bizhub Serial # 31115729 23
• Konica 7020 Serial # 26NE27312 24
• Canon Image Runner Advance Serial # GPQ64818 25
26
BE IT FURTHER RESOLVED said surplus items are determined to be of no value, the 27
28
Mayor is authorized to scrap or dispose of said items for and on behalf of the City of 29 30 Prattville. 31 32
ADOPTED THIS 15TH DAY OF JUNE, 2021. 33
34 35 ______________________________ 36 By: Gerald “Jerry” Starnes, President 37
Prattville City Council 38
39 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 40 41 42
______________________________ 43
By: Lisa Terrill 44 City Clerk 45 46 APPROVED: 47
48
49 ______________________________ 50 By: Bill Gillespie, Jr. 51 Mayor 52
53 54 55 56 57
58 59 60 61 62
RESOLUTION BOOK 2021, PAGE ___63
Consent Agenda 4
RESOLUTION 1
2 [To Re-Appoint Jerry Crosby as a Member to the Board of Zoning Adjustment.] 3 4 {Sponsored By: Councilor Gornto} 5 6
WHEREAS, a vacancy currently exists on the Board of Zoning Adjustment due to the 7 8 term expiration of Jerry Crosby on June 15, 2021; and 9 10 WHEREAS, it is the desire of the Prattville City Council to fill said vacancy to ensure 11
12 the continuity of the Board’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 15 16
that Jerry Crosby is hereby re-appointed to fill said vacancy effective immediately and said 17 18 term shall expire on June 15, 2024, or until his successor is duly qualified and appointed. 19 20 ADOPTED THIS 15TH DAY OF JUNE, 2021. 21
22 23 ______________________________ 24 By: Gerald “Jerry” Starnes, President 25 Prattville City Council 26
27 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 28 29 30 ______________________________ 31
By: Lisa Terrill 32 City Clerk 33 34 APPROVED: 35 36
37 ______________________________ 38 By: Bill Gillespie, Jr. 39 Mayor 40 41
42 43 44 45 46
47 48 49 50
51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Consent Agenda 5
RESOLUTION 1
2 [To Re-Appoint Sarah Johnson as a Member to the Board of Zoning Adjustment.] 3 4 {Sponsored By: Council President Pro Tempore Boone} 5 6
WHEREAS, a vacancy currently exists on the Board of Zoning Adjustment due to the 7 8 term expiration of Sarah Johnson on June 15, 2021; and 9 10 WHEREAS, it is the desire of the Prattville City Council to fill said vacancy to ensure 11
12 the continuity of the Board’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 15 16
that Sarah Johnson is hereby re-appointed to fill said vacancy effective immediately and said 17 18 term shall expire on June 15, 2024, or until her successor is duly qualified and appointed. 19 20 ADOPTED THIS 15TH DAY OF JUNE, 2021. 21
22 23 ______________________________ 24 By: Gerald “Jerry” Starnes, President 25 Prattville City Council 26
27 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 28 29 30 ______________________________ 31
By: Lisa Terrill 32 City Clerk 33 34 APPROVED: 35 36
37 ______________________________ 38 By: Bill Gillespie, Jr. 39 Mayor 40 41
42 43 44 45 46
47 48 49 50
51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Consent Agenda 6
RESOLUTION 1
2 [To Re-Appoint Michael Whaley as a Supernumerary Member of the Board of Zoning 3 Adjustment.] 4 5 {Sponsored By: Councilor Gornto} 6
7 WHEREAS, a vacancy currently exists on the Board of Zoning Adjustment due to the 8 9 term expiration of Michael Whaley, Supernumerary, on June 15, 2021; and 10 11
WHEREAS, it is the desire of the Prattville City Council to fill said vacancy to ensure 12 13 the continuity of the Board’s operation. 14 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 16
17 that Michael Whaley, Supernumerary, is hereby re-appointed to fill said vacancy effective 18 19 immediately and said term shall expire on June 15, 2024, or until his successor is duly 20 21
qualified and appointed. 22 23 ADOPTED THIS 15TH DAY OF JUNE, 2021. 24 25 26
______________________________ 27
By: Gerald “Jerry” Starnes, President 28 Prattville City Council 29 30 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 31
32
33 ______________________________ 34 By: Lisa Terrill 35 City Clerk 36
37 APPROVED: 38 39 40 ______________________________ 41
By: Bill Gillespie, Jr. 42
Mayor 43 44 45 46
47 48 49 50
51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Consent Agenda 7
RESOLUTION 1
2 [To Appoint Dan Andreadakis to the Airport Authority.] 3 4 {Sponsored By: Councilor Jackson} 5 6
WHEREAS, a vacancy currently exists on the Airport Authority due to the term expiration 7 8 of Connie Bainbridge; and 9 10 WHEREAS, it is the desire of the Prattville City Council to fill said vacancy to ensure the 11
12 continuity of the Authority’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15 16
Dan Andreadakis is hereby appointed to fill said vacancy effective immediately and said term 17 18 shall expire on June 16, 2022, or until his successor is duly qualified and appointed. 19 20 ADOPTED THIS 15TH DAY OF JUNE, 2021. 21
22
23 ______________________________ 24 By: Gerald “Jerry” Starnes, President 25 Prattville City Council 26
27 AUTHENTICATED 15TH DAY OF JUNE, 2021. 28 29 30 ______________________________ 31
By: Lisa Terrill 32 City Clerk 33 34 APPROVED: 35 36
37 ______________________________ 38 By: Bill Gillespie, Jr. 39 Mayor 40 41
42 43 44 45 46
47 48 49 50
51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Agenda 1
RESOLUTION 1
2 [To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the 3
Code of Alabama, 1975, as Amended.] 4 5 {Sponsored By: Council President Starnes} 6
7 WHEREAS, an abundance of overgrown grass or weeds: 8 9 1. is injurious to the public health, safety and general welfare by providing a breeding 10 ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 11
2. may cause the further spread of weeds; 12 3. may hide debris, such as glass or metal, that could inflict injury on a person going to 13 such property; 14 4. may also pose a fire hazard and respiratory hazard; and 15 16
WHEREAS, the City Council of the City of Prattville declared in Resolution Book 17 18 2020-A, Page 192, that the abundance of overgrown grass and weeds at various addresses 19 20 in the City of Prattville constituted a public nuisance and set a public hearing to discuss said 21
22 nuisances; and 23 24 WHEREAS, notice, as required by §11-67-62, Code of Alabama, 1975, as amended, 25 26
was provided in The Prattville Progress, by certified mail, and by signage on the subject 27 28 property; and 29 30 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 31
32 said properties and determined that the public nuisance still exists; and 33 34 WHEREAS, the City Council held the required public hearing at 6:00 p.m. on 35 36
June 15, 2021, permitting the owners of said properties to present evidence, objections, 37 38 and protest regarding the proposed removal of weeds. 39 40 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of 41
42 Prattville declares that the abundance of overgrown grass and weeds on the properties 43 44 continue to be a public nuisance: 45 46
• 502 Chambliss Street - Martha Rouse, 502 Chambliss Street, Prattville, AL 36066 47
(19 02 10 3 022 004.000) 48 49
• 1761 Planters Hill Court - Katherine Hargroves, 1761 Planters Hill Court, 50
Prattville, AL 36066 51
(19 06 14 2 000 001.126) 52
53 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and 54
55 weeds on the property listed above cut or removed using city forces or private contractors. 56 57 Any property owner shall have the right to have any weeds removed at his or her own 58 59
expense provided the removal is done prior to the commencement of work by employees or 60 61 agents of the City of Prattville. The Mayor shall keep an accounting of all costs related to the 62 63 removal of overgrown grass and weeds and report such cost to the City Council following 64
Agenda 1
their removal. 65
66 ADOPTED THIS 15TH DAY OF JUNE, 2021. 67 68 69 ______________________________ 70
By: Gerald “Jerry” Starnes, President 71 Prattville City Council 72 73 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 74 75
76
______________________________ 77 By: Lisa Terrill 78 City Clerk 79 80
APPROVED: 81
82 83 ______________________________ 84 By: Bill Gillespie, Jr. 85
Mayor 86
87 88 89 90
91 92 93 94 95
96 97 98 99 100
101 102 103 104 105
106 107 108 109 110
111 112 113 114
115 116 117 118 119
120 121 122 123 124
125 126 127 RESOLUTION BOOK 2021, PAGE ___128
Agenda 2
RESOLUTION 1
2 [To Authorize the Mayor to have Stagnant Water at 122 Lina Drive Abated Pursuant to 3 Section 46-6, City of Prattville Code of Ordinances.] 4 5 {Sponsored By: Council President Starnes} 6
7 WHEREAS, stagnant water is a public nuisance that is injurious to the public health, 8 9 safety, and general welfare of the community pursuant to Section 46-6, City of Prattville 10 11
Code of Ordinances; and 12 13 WHEREAS, § 6-5-122 et Seq., of the Code of Alabama, 1975, as amended, 14 15 permits the City Council of the City of Prattville to declare a public nuisance and abate 16
17 the same; and 18 19 WHEREAS, the Prattville Police Department Code Enforcement Officer has 20 21
inspected the property and determined the existence of stagnant water at 122 Lina 22 23 Drive; and 24 25 WHEREAS, the Autauga County tax records list the property owner as Barbara Noyes 26
27 Boldin, with an address of 27 NW 6th Avenue, Dania Beach, FL 33004 to parcel number 19 28 29 05 16 4 006 043.000; and 30 31
WHEREAS, in compliance with Section 46-31 of the City of Prattville Code of 32 33 Ordinances, the Prattville Police Department Code Enforcement Officer sent notice to 34 35 the owner of the above property in writing on April 14, 2021, to correct, remedy or 36
37 remove the condition of stagnant water within 10 days; and 38 39 WHEREAS, the owner of 122 Lina Drive has failed and/or refused to correct, 40 41
remedy or remove the condition of stagnant water after the expiration of said 42 43 notice; and 44 45 WHEREAS, the City Council held the required public hearing at 6:00 p.m. on 46
47 June 15, 2021, permitting the owners of said properties to present evidence, objections, 48 49 and protest regarding the proposed removal of stagnant water; and 50
51
WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes 52 53 the City to do such work or make such improvements that are necessary to correct, 54 55
remedy or remove such condition, and pay therefor and charge the expenses incurred 56
57 to the owner of such lot. 58 59 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 60
61
declares that the stag water at 122 Lina Drive continue to be a nuisance. 62 63 BE IT FURTHER RESOLVED the Mayor shall have the stagnant water 64
Agenda 2
65
at 122 Lina Drive removed using city forces or private contractors. The property owner shall 66 67 have the right to remove the stagnant water at his or her own expense provided the removal 68 69 is done prior to the commencement of work by employees or agents of the City of Prattville. 70
71 The Mayor shall keep an accounting of all costs related to this request and report such cost 72 73 to the City Council following its removal. 74 75
ADOPTED THIS 15TH DAY OF JUNE, 2021. 76 77 78 ______________________________ 79 By: Gerald “Jerry” Starnes, President 80
Prattville City Council 81 82 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 83 84 85
______________________________ 86
By: Lisa Terrill 87 City Clerk 88 89 APPROVED: 90
91
92 ______________________________ 93 By: Bill Gillespie, Jr. 94 Mayor 95
96 97 98 99 100
101 102 103 104 105
106 107 108 109 110
111 112 113 114
115 116 117 118 119
120 121 122 123 124
125 126 127 RESOLUTION BOOK 2021, PAGE ___128
Agenda 3
RESOLUTION 1
2 [To Appoint Joshua S. Johnson as the Economic Development Director of the City of 3 Prattville] 4 5 {Sponsored By: Council President Pro Tempore Boone} 6
7 WHEREAS, the City of Prattville has a need for an Economic Development Director, 8 9 and an Executive Search was conducted utilizing the services of The Chason Group, Inc.; 10 11
and 12 13 WHEREAS, the Search Committee recommends Joshua S. Johnson be appointed as 14 15 Economic Development Director of the City of Prattville; and 16
17 WHEREAS, this is a budgeted position in the Executive Department. 18 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 20 21
that Joshua S. Johnson is hereby appointed as Economic Development Director of the City of 22 23 Prattville effective July 12, 2021, and said appointment shall be for the remainder of the 24 25 2020-2024 Quadrennium (November 3, 2025) or until his successor is duly qualified and 26
27 appointed at Pay Grade 26-H. 28 29 BE IT FURTHER RESOLVED, that the salary for said position is approved in 30 31
accordance with the pay plans adopted by the Prattville City Council. 32 33 BE IT FURTHER RESOLVED, the City Council of the City of Prattville authorizes and 34 35 approves a one-time moving expense allowance not to exceed $4,000.00. 36
37 ADOPTED THIS 15TH DAY OF JUNE, 2021. 38 39 40 ______________________________ 41
By: Gerald “Jerry” Starnes, President 42
Prattville City Council 43 44 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 45 46
47 ______________________________ 48 By: Lisa Terrill 49 City Clerk 50
51 APPROVED: 52 53 54 ______________________________ 55
By: Bill Gillespie, Jr. 56
Mayor 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Agenda 4
RESOLUTION 1
2 [To Amend the FY2021 Budget and to Authorize the Release of Funds for the Purchase of 3 One (1) 2021 Chevrolet 4WD Tahoe through State Contract T191L from Donohoo Chevrolet, 4 LLC for Economic Development in the Executive Department at a Cost Not to Exceed 5 $48,365.00.] 6
7 {Sponsored By: Council President Starnes} 8 9 WHEREAS, there is a need to purchase one (1) 2021 Chevrolet Tahoe 4WD vehicle for 10 11
Economic Development in the Executive Department; and 12 13 WHEREAS, said vehicle is available through State Contract T191L, Master Agreement 14 15 MA 999 200000000222, from Donohoo Chevrolet, LLC at a cost not to exceed $48,365.00. 16
17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 18 19 the FY2021 Budget is hereby amended as follows: 20 21
Decrease Executive/Economic Development/Operating $48,365.00 22 Increase Executive/Capital Outlay $48,365.00 23 24 BE IT FURTHER RESOLVED that funds in an amount not to exceed $48,365.00 for 25 26
said vehicle are hereby authorized and approved to be paid to Donohoo Chevrolet, LLC, and 27 28 said funds are hereby approved and appropriated from FY2021 Budget Line Item 29 30 Executive/Capital Outlay. 31
32 ADOPTED THIS 15TH DAY OF JUNE, 2021. 33 34 35 ______________________________ 36
By: Gerald “Jerry” Starnes, President 37
Prattville City Council 38 39 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 40 41
42 ______________________________ 43 By: Lisa Terrill 44 City Clerk 45 46
APPROVED: 47 48 49 ______________________________ 50
By: Bill Gillespie, Jr. 51
Mayor 52 53 54 55
56 57 58 59 60
61 62 RESOLUTION BOOK 2021, PAGE ___63
Agenda 5
RESOLUTION 1
2 [To Set a Public Hearing to Amend Certain Sections of the City of Prattville Code of 3 Ordinances, Appendix A-Zoning.] 4 5 {Sponsored By: Councilor Chambers} 6
7 WHEREAS, the City Council of the City of Prattville desires to consider an amendment 8 9 to the Prattville Code of Ordinances, Appendix A-Zoning: 10 11
• Article 6, Section 67 – Multifamily Housing Projects 12
• Article 7, Section 71 – Residential District Requirements 13 14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 15 16 that a Public Hearing to consider amendments to the Zoning Ordinance is set for Tuesday, 17 18 July 20, 2021 at 6:00 p.m. in the City Council Chambers at City Hall. 19
20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 35 THE NEXT PAGE 36 37 38 39
40 41 42 43 44
45 46 47 48 49
50 PROPOSED ORDINANCE 51 52 Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53 54
is hereby given by the City Council of the City of Prattville, Alabama, that at the regular 55 56 meeting of said City Council on the 15th day of June, 2021, at Prattville City Hall, 101 57 58 West Main Street, Prattville, Alabama, the following proposed Ordinance was introduced. 59
60 61 ____________________________ 62 Lisa Terrill 63 City Clerk 64
Agenda 5
ORDINANCE 65
66 [To Adopt Proposed Amendments to the City of Prattville Code of Ordinances, Appendix A-67 Zoning, Article 6, Section 67 and Article 7, Section 71.] 68 69 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as 70
71 follows: 72 73 THAT the Zoning Ordinance of the City of Prattville, Alabama was adopted on 74 75
February 10, 1950, and subsequently amended from time to time; 76 77 THAT, the City Council of the City of Prattville at its Public Hearing on the 20th day of 78 79 July, 2021 at 6:00 p.m., considered said proposed ordinance and that at such time and place 80
81
all persons who desired had an opportunity to be heard in favor of or in opposition to such 82 83 ordinance. 84 85
THAT the City of Prattville Code of Ordinances, Appendix A.-Zoning, Article 6, 86
87 Section 67 and Article 7, Section 71 are hereby amended as follows: 88
APPENDIX A – ZONING 89
ARTICLE 6 – GENERAL PROVISIONS 90
Attachment A 91
The Zoning Ordinance of the City of Prattville is amended to read as follows: 92
Section 67. - Multifamily housing projects Development. 93
In the case of a multifamily housing project consisting of a group of two (2) or more 94
buildings to be constructed on a plot of ground of at least four (4) acres not subdivided 95
into the customary streets and lots and not to be so subdivided or where existing or 96
contemplated street and lot layout make it impracticable to apply the requirements of 97
this ordinance to the individual buildings in such housing projects, the application of such 98
requirements to such housing projects shall be done by the Board of Zoning Adjustment 99
with the advice of the Planning Commission, in a manner that will be in harmony with the 100
character of the neighborhood, will insure substantially the same character of occupancy, 101
a density of land use no higher and a standard of open space at least as high as required 102
by this ordinance in the district in which the proposed project is to be located, and will 103
provide layout design and public utilities in harmony with the general requirements and 104
minimum standards of design of the subdivision regulations of the municipality. 105
In no case shall the Board of Zoning Adjustment authorize a use or a building height or building 106
area prohibited in the district in which the housing project is to be located. 107
A. Multifamily developments with buildings containing five or more dwelling units are 108
subject to the following standards and to administrative site plan review to assure that 109
the layout of buildings, open spaces, circulation, drainage and infrastructure is in 110
harmony with the equivalent standards of the City Subdivision Regulations. 111
B. Definitions. For the purposes of this Section, the following terms are defined as 112 follows: 113
1. Articulation, articulated. Changes in the depth along the building façade such 114
as attached columns, wall recesses, horizontal banding, cornices, etc. to 115
provide depth and variety to the façade. 116
2. Fenestration, fenestrated. The pattern of window and door openings on a façade. 117
3. Low Impact Design. A site planning and engineering design approach to 118
managing stormwater runoff that emphasizes conservation and use of natural 119
Agenda 5
features, infiltration, and on-site storage and treatment involving landscape 120
elements integrated into the design of the site. This approach uses engineered 121
small- scale hydrologic controls to replicate predevelopment hydrology through 122
infiltrating filtering, storing, evaporating, and detaining runoff close to its source. 123
4. Open Space, Improved. Open space that has been created or modified, 124
including but not limited to parks, playgrounds, swimming pools, ball fields, 125
plazas, landscaped green-spaces. 126
5. Pervious pavement. Paving materials that allow water to penetrate into the 127 ground below, including concrete paving blocks, concrete grid pavers, perforated 128
brick pavers and similar paving materials. This shall notinclude compacted gravel. 129
6. Rain garden. A planted depression or hole that allows stormwater runoff from 130
impervious surfaces to be absorbed into the ground. 131
7. Swale. An open, grassed or vegetated channel used to partially treat 132
stormwater, attenuate flooding potential and convey stormwater. 133
C. A Site Development Plan must provide for, at a minimum: 134
1. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic 135
in the parking areas and appropriate access management. 136
2. A preliminary plan or engineering report providing for the site grading, storm 137
drainage, sanitary sewerage and water supply. 138
3. Suitable access points adjoining public streets serving the proposed 139
development, which must be properly illuminated to reduce traffic hazards. 140
4. Waste collection facilities must be provided and must be the responsibility 141 of the property owner or manager. 142
D. Site Development Standards 143
1. The arrangement of buildings, open spaces, parking areas and drives must be 144
suitable to existing topography to avoid extensive grading. 145
2. Barracks formations, in which buildings and parking areas are arranged and 146
concentrated in a dense, rectilinear pattern are discouraged. Where rectilinear 147
arrangements are proposed, courtyards or similar improved open spaces must be 148
integrated into the arrangement of buildings and parking areas. Multifamily buildings 149
may not be surrounded on all sides by parking and driveways. 150
3. Multifamily buildings must be oriented toward streets, interior drives and improved 151
open spaces, not adjacent properties. A multifamily building may be aligned along 152
a parking area provided it is also oriented toward a street, interior drive or improved 153
open-space. 154
(a) Building entrances must face and be clearly visible from streets, interior drives 155
or interior open space. This does not apply to entrances to individual dwelling 156
units. 157
4. Building entrances must be accessible from the street, interior drive or open space 158
they face.Building spacing. Buildings must be spaced no less than the sum of their 159
lengths divided by three ((A+B)/3), as shown in Figure 67-1. In no case may 160
buildings be placed closer together than 20 ft. Required building pacing is 161
measured perpendicularly from the longer of the two building walls at the closest 162
point between the two buildings. 163
164
Agenda 5
Figure 67-1: Minimum Building Spacing 165
166
5. Parking and Driveways 167
(a) Off-street parking must be provided in the following amounts: 168
(i) 1.5 spaces per one-bedroom unit 169
(ii) 1 space per bedroom for each unit of two or more bedrooms 170
(iii) One visitor parking space per four units 171
(iv) For age-restricted senior units, 1.25 spaces per one-bedroom unit and 2 172
spaces per unit of two or more bedrooms 173
(b) Minimum parking stall size shall be 9.5’ x 20’. The travel aisle or lane between 174 rows of 90° stalls shall be a minimum of 24’. Single lanes or angled stalls with 175
one-way aisles may be reduced a commensurate amount that will still provide 176
adequate travel and maneuvering area. 177
(c) Visitor parking requirements may be reduced when approved on-street 178 parking is available along the property frontage and by only the amount of 179 approved on-street parking spaces contained within the frontage of the 180
multifamily property. 181
(d) Off-street parking must be located to the side or rear of buildings, and may 182
not extend forward of the front building line. When located to the side of 183
buildings and adjacent to a public street, off-street 184
parking areas may not occupy more than 30% of each perimeter public street 185
frontage. The Director may waive these requirements when off-street parking 186
is located forward of the front building line on adjoining properties on both 187
sides of the multifamily site; however, these requirements may not be waived 188
where the site fronts on a local street or on the same frontage as an adjoining 189
detached single- family dwelling. 190
191
Figure 67-2: Left: Permissible location of off-street parking. Right: Parking between 192
multifamily buildings and public street not permitted unless the same condition is present on 193
adjoining properties on both sides of the multifamily site. 194
Agenda 5
195
Figure 67-3: Maximum width of parking area facing public street when located to side 196
of building. 197
(e) Where provided, common or individual garage parking areas must be located 198
away from public street views. 199
(f) If allowed to be kept on the premises by the owner, boats and recreational 200
vehicles may not encroach into required parking and may not be kept forward 201
of the front building line. 202
(g) The number and location of access points to a public street must be as required 203
by the City Building and Fire Codes and subject to review by the City Engineer. 204
(h) Private drives that provide access from a public street to off-street parking areas 205
must comply with the dimensional standards in Table 67-1 below. Where parallel 206
parking is provided, each parking lane must be at least 7.5 ft wide measured 207
from face of curb. Trees, in accordance with the species and size types in 208
Section 149, Table 1, must be provided on both sides of the drive and installed 209
at least three feet from the back of curb. Root barrier and other treatment may 210
be required to prevent damage to utilities and sidewalks. 211
212
TABLE 67-1 DIMENSIONAL STANDARDS FOR PRIVATE
Curb Type/Width
Allowable travel lane width Allowable total width (face of curb to face of curb)
Tree spacing
Curb/gutter; 18 in 10-11 ft 22-24 ft 50 ft oc average
213
6. Open Space. 214
(a) At least 20% of the site must be permanently reserved as open space. All 215 common open spaces and recreational areas must be well maintained in a safe 216
and orderly condition. If any proposed structure has three residential stories, 217 then at least 25% of the site must be permanently reserved as open space. 218
(b) At least 50% of the required open space must be improved and maintained as 219 open space for the use of residents and guests. Improved open spaces should 220 be consolidated into one or a few central 221
locations to assure accessibility and usability and must be oriented to receive 222 adequate sunlight. 223
(c) Improved open space must be graded and sodded, at a minimum, to 224 accommodate use by residents, and must be adequately drained to prevent 225 ponding. 226
(d) Open space and recreational areas are counted toward the improved open 227
space requirement as follows: 228
(i) Required setback areas do not count unless they otherwise meet the 229 standards of this Subsection. Spaces must be large enough to support 230 leisure and recreational activity; no dimension may be less than 15 ft. 231
232
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(ii) Gazebos, pavilions and similar open structures provided for the use of 233
residents are permitted in improved open spaces. 234
(iii) Covered porches, decks, or patios may be counted toward no more than 25% 235
of the required open space. To qualify, such spaces must be at least 35 sf in 236
area with no dimension less than five feet. Such spaces may not be counted 237
when they are completely inset into the building; they must project at least two 238
feet beyond the wall plane. 239
(e) If one or more of the following amenities, or similar amenities as approved by the 240
Director, are provided, then the minimum overall open space required in (a) above 241
may be reduced by 4% (i.e. from 20% to 16% or 25% to 21%): 242
(i) Tennis, volleyball or basketball court 243
(ii) One or more areas improved for lawn bowling, shuffle board, pickle ball, 244
bocce ball or similar activity with a combined area of at least 1,600 sf 245
(iii) Off-leash area for dogs of at least 1,600 sf, must be enclosed with fence or 246
solid hedge and gate with one or more watering stations and waste 247
receptacles 248
(iv) One or more pavilions, gazebos or similar open structures, each having a 249
covered area of at least 150 sf with a total combined covered area of at least 250
600 sf; each must be furnished with benches or other seating and at least 251
one structure must be furnished suitably for outdoor dining 252
(v) Community garden of at least 1,600 sf 253
(vi) Children’s playground area of at least 1,600 sf outfitted with swings, 254
slides and/or similar play equipment; seating must be provided in or 255
adjacent to the playground 256
The combined area of the proposed amenities must total at least 50% of the 257
improved open space requirement and must be maintained in accordance with 258
the approved site plan. 259
(f) Developments containing 100 or more units must include one or more of the 260
approved amenities listed in (f) above totaling at least 35% of the improved 261
open space requirement. 262
(g) Amenities provided to meet the requirements of (e) or (f) above may be 263
subsequently changed to another amenity type listed provided the total area 264
of such amenities is not reduced below that in the approved site plan. Any 265
subsequent change to an amenity type not listed must be approved by the 266
Director. 267
7. Stormwater Management. Stormwater retention or detention facilities must be 268
integrated, to the greatest extent practicable, into the design of parking areas and 269
open spaces as landscape amenities and should include low impact design 270
techniques such as swales and rain gardens. The use of cisterns to capture 271
stormwater for on-site irrigation is also encouraged. Stormwater management 272
facilities located within an open space may only be counted as improved open 273
space if it is designed so that it need not be fenced and is landscaped and 274
useable by residents. 275
8. Service, Loading and Waste Collection. Each development must be provided 276
with a service area or areas for waste collection. Each such area must be located 277
behind the front building line and away from public views but must be 278
conveniently accessible to vehicles collecting such waste and to residents. The 279
location of such areas must minimize negative visual, noise, odor and other 280
impacts to adjoining streets, on-site dwellings and adjacent developments. Each 281
such area must be paved with concrete and screened by an opaque fence or wall 282
at least as tall as the waster container and as otherwise approved by the Director. 283
The enclosure must have an opaque gate or closure that will be kept closed when 284
not being accessed. 285
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9. Fire Protection. 286
(a) No portion of any building may be located farther from a fire hydrant than may 287
be reached with 500 ft of hose. 288
(b) If the adopted fire prevention and protection codes are in conflict, then 289
the more restrictive requirements will prevail. 290
(c) Every multifamily building must be accessible to fire trucks equipment as 291
required and approved by the Fire Department. Provided adequate clearance, 292
such access may be located along an interior drive, within a parking lot or within 293
any open area adjacent to each building. The acceptable distance 294
between buildings and the fire truck access area must be determined by the Fire 295
Department based upon building height and design. 296
E. Pedestrian Access Standards. A pedestrian circulation system meeting the 297
following standards must be provided: 298
1. Walkways must connect the pedestrian circulation system to adjacent public streets. 299
2. If not already provided, a publicly accessible sidewalk at least five feet wide 300
must be provided along all public street frontages. 301
3. Walkways must connect the main entrances of all buildings. For buildings 302
fronting on a public street, a public sidewalk may be counted toward this 303
standard. Walkways must be provided that connect building entrances to 304
parking areas and common areas and facilities. 305
4. Walkways must be provided to connect to any public trails or similar bicycle-306
pedestrian facilities adjoining the site. 307
5. Materials Standards for Pathways. 308
(a) Walkways must be of concrete or masonry pavers and at least five feet wide 309
except that walkways serving no more than four units may be four feet wide. 310
(b) Except as provided in Item c below, walkways must be clearly defined and 311
designed so as to be separated from vehicular use areas through the use 312
of raised curbs, elevation changes, bollards, landscaping, different paving 313
materials or similar methods. Striping alone does not meet this 314
requirement. If a raised path is used it must be at least four inches high. Bollard 315
spacing must be no further apart than five feet on center. 316
(c) A vehicular drive may be counted toward pedestrian access if the drive 317
provides access to 16 or fewer parking spaces and is surfaced with paving 318
blocks, bricks, or other special paving. 319
F. Privacy and Security Standards. 320
1. When a multifamily building is located adjacent to a public street, any stairway must 321
be enclosed within the building or otherwise screened from public street views. For 322
street-facing buildings, upper floor units must be accessed from within the building 323
interior or from an exterior walkway that overlooks an interior courtyard or similar 324
common area. 325
2. Separation must be provided between windows of ground floor dwelling units 326
and adjacent walkways, parking areas and common open spaces, including: 327
(a) A horizontal separation at least ten feet deep including a landscaped bed 328
containing at least one row of evergreen shrubs with a mature height of at 329
least three feet; and/or 330
(b) Vertical separation so that the bottom edge of a ground-floor window is at 331
least five feet above the grade of the adjacent walkway, parking area or 332
open space. 333
Developments are encouraged to raise the ground floor of residential buildings at least 334
Agenda 5
30 inches above the adjoining sidewalk or parking area to enhance privacy. Wherever 335
the ground floor is so raised, the minimum horizontal separation in (a) above is 336
reduced to six feet. 337
3. Entrances and porches of individual units must be set back at least seven feet 338
from walkways and at least twelve feet from the curb line of any driveway or 339
parking area. If the entrance or porch level is at least 30 inches above the 340
adjoining grade, the minimum setback from walkways is four feet and the 341
minimum setback from the curb line of driveways and parking areas is nine feet. 342
G. Lighting Standards. Lighting should eliminate adverse impacts of light spillover; 343
provide attractive lighting fixtures and layout patterns that contribute to a unified 344
exterior lighting design; and provide exterior lighting for safe vehicular and 345
pedestrian access to and within a development. 346
1. Pedestrian Lighting. Pedestrian-level, bollard lighting, ground-mounted 347
lighting, or other low, glare- controlled fixtures mounted on building or 348
landscape walls must be used to light walkways. 349
2. Lighting Height. Light poles and lighting structures may not be taller than 20 feet. 350
3. Building-Mounted Lighting. Building-mounted lighting must be limited to accent 351
lighting used to illuminate architectural features and entrances, with a maximum 352
height of 20 ft. 353
4. Illumination Areas. Exterior lighting must be designed to a minimum average level 354
of one footcandle along all pedestrian areas and driveways and throughout 355
parking areas. Exterior lighting must be maintained in accordance with the 356
approved site plan. 357
5. Spillover Glare. Light fixtures must use full cut-off lenses or hoods to prevent glare 358
and light spillover onto adjacent properties, buildings, and roadways. 359
H. Architectural Standards. 360
1. Four-sided design. All building elevations must reflect consistent design, textures, 361
colors, and features. All walls must be articulated and fenestrated to provide visual 362
interest. 363
2. Building Articulation. All buildings must include the following architectural design 364
features at intervals of no more than 30 ft along all facades facing a street, open 365
space or parking area: 366
(a) Vertical building articulation. Minimum depth and width of articulation is 36 367
inches and four feet, respectively, if corresponding with a change in color or 368
building material and/or roofline. Otherwise, minimum depth and width of 369
articulation is ten feet and 15 ft, respectively. Porches and projecting balconies, 370
including those that are partially recessed, count toward this requirement. 371
(b) Articulation of the “base, middle and top”. This typically includes a distinctive 372
design for the portion of the elevation along the foundation and ground floor, 373
consistent articulation of middle floors, and a distinctive roofline. 374
3. Diversity of Building Types. Multi-building developments must provide different 375
architectural designs to achieve visual interest and variety, particularly where 376
multiple buildings front on the same public street. 377
Agenda 5
Changes in building colors or reversal of facade designs are not sufficient to comply 378
with this standard. To meet this requirement, changes must include a combination of 379
at least two of the following: vertical articulation (meeting the requirements of (a) 380
above), fenestration, building materials, and roof design. 381
4. Accessory structures. Accessory structures must reflect the same design and finish 382
as principal buildings. 383
5. Roof Design. 384
(a) Multifamily buildings must have a minimum 5:12 roof pitch. Alternative roof 385
designs will be considered provided design elements are included to help the 386
building and its roofline fit into the site’s context. 387
(b) Pitched-roof buildings must incorporate variations in the roofline. The maximum 388 length of any 389
continuous roofline is 40 ft. The use, alone, of dormers and/or gables is not 390
sufficient to comply with this requirement. 391
392
393
Left: Continuous roofline exceeds 40 ft. Right: Acceptable variation in roof design. 394
(c) Eaves must extend beyond the supporting wall at least 16 inches. 395
I. Building Details and Materials. 396
1. Changes in material should occur at the horizontal divisions between the base, 397
middle and top and on inside corners. “Heavier” materials, such as masonry, should 398
be used on the base. 399
2. Exterior Finishes. Building facades must incorporate a coordinated color scheme 400
consisting of matte finishes. A “coordinated color scheme” includes a limited 401
number of complementary colors that are used throughout the development; and 402
in the case of developments with multiple buildings, primary façade colors may 403
alternate from building to building provided trim colors, materials and/or other 404
design features visually tie together individual buildings. Neutral or earth tone 405
colors are recommended. Gloss finishes may be used for trim and accent. 406
Fluorescent and metallic paints are prohibited. 407
3. Windows 408
(a) Transparent windows facing the street are required. At least 15% of each 409
street-facing facade must be fenestration. All other facades must have a 410
minimum fenestration area of 10%. 411
(b) Windows must be recessed or project at least two inches from the wall plane 412
or window trim must be used at least four inches in width with color that 413
contrasts with the base building color. Exceptions will 414
be considered where the design includes other distinctive window or facade 415
treatment that adds visual interest to the building. 416
4. Preferred Building Materials. Building exteriors must be constructed from high 417
quality, durable materials as follows: 418
(a) Brick or other masonry. When used for the facade of any building, concrete 419
blocks must be split, rock- or ground-faced and may not exceed 25% of the 420
masonry area of the facade. To add visual interest, the use of specialized 421
Agenda 5
textures and/or colors used effectively with other building materials and details 422
are encouraged. Plain concrete block or plain concrete may be used only as 423
foundation material if the foundation material is not revealed more than three 424
feet above finished grade at the foundation wall. 425
(b) Exterior insulation and finish system (EIFS) and similar troweled finishes 426
(stucco) must be trimmed in wood, masonry, or other approved materials and 427
may not be used adjacent to grade. 428
(c) Horizontal wood and cementitious siding. Composite boards manufactured 429
from wood or other products, such as hardboard or plankboard, may only be 430
used when the board product is less than nine inches wide. 431
5. Prohibited Materials. The following materials are prohibited in locations visible 432
from the public right-of-way and adjoining properties: 433
(a) Plywood siding (including T-111 or similar plywood), except when used as a 434
component in board and batten siding 435
(b) Highly tinted or mirrored glass (except stained glass) as more than 10 percent 436 of the building facade 437
(c) Corrugated fiberglass 438
(d) Crushed colored rock/crushed tumbled glass 439
(e) Noncorrugated and highly reflective sheet metal 440
6. Vinyl may be used as a trim material. Vinyl siding is permissible as an accent 441
material comprising no more than 30% of any building façade and only when the 442
board size is less than six inches wide. However, vinyl siding it may not be used 443
adjacent to grade. Vinyl siding cannot be painted, which limits opportunities for 444
changing building colors as part of future renovations. 445
7. Corrugated metal siding is permissible as an accent material comprising no more 446
than 30% of any building façade. 447
8. Chain link fencing must be vinyl coated and may not be used forward of the front 448 building line. 449
J. Landscaping. Screening must be provided to conceal certain site elements, 450
including but not limited to, mechanical equipment, loading and waste collection areas, 451
from public view. In addition to any required parking lot landscaping, buffers and 452
screening, landscaping must include the following: 453
1. Foundation Planting. All street-facing elevations must have landscaping 454
along any exposed foundation. The landscaped area may be along the outer 455
edge of a porch instead of the foundation. This landscaping requirement does 456
not apply to portions of the building facade that provide access to the building. 457
Foundation landscaping must meet the following standards: 458
(a) The landscaped area must be at least three feet wide. 459
(b) There must be at least one three-gallon shrub for every three lineal feet of 460
foundation or the minimum spacing necessary for healthy growth as 461
recommended by a landscape professional. 462
2. Landscaping techniques include the following: 463
(a) Preserve existing trees and native vegetation whenever possible. 464
(b) Use plants that require low amounts of water, including native drought-resistant 465 species. 466
(c) Use low-impact design techniques, including pervious pavement, swales, and 467
rain gardens, to manage stormwater in parking lots. 468
(d) Locate trees along street frontages at appropriate spacing so that, at maturity, 469
ground floor entrances are clearly visible from the street and sidewalk. 470
Agenda 5
(e) Plant a mix of evergreen and deciduous plants to maintain year-round color and 471
interest. 472
(f) Install shrubs, grasses and other non-tree vegetation, as appropriate, for 473
ground cover in landscaping beds, open spaces and other unpaved areas. 474
3. An irrigation method must be included in the landscaping plan. Underground 475
irrigation systems should be used whenever possible to avoid drought loss. 476
K. Additional Standards 477
1. Traffic Impact Study and Plan. A traffic impact study and plan, prepared by a 478
traffic engineer, must be furnished together with the Site Plan if required by the 479
City Engineer. The study must be prepared in accordance with generally 480
accepted standards for traffic studies. The traffic study must show, in detail 481
reasonably satisfactory to the City Engineer, the effect that the proposed development 482
will have on the area adjacent to and near the site. The study must make 483
recommendations with respect to what additional traffic controls will be needed 484
adjacent to or near the site as a result of the traffic generated by proposed 485
development. The developer must pay the cost of any such signals and/or devices, 486
if the City Engineer considers them necessary. 487
2. Drainage Study and Plan. For each development, a drainage study and plan must 488
be furnished as part of the Site Plan. Such study must be prepared by a 489
Professional Engineer. The plan must show, in detail, reasonably satisfactory to 490
the City, the effect that the proposed development will have on the site and the 491
land adjacent to and near the site. The plan must include drainage, grading, 492
excavation, topography, erosion and sedimentation, stormwater detention and 493
floodplain management controls. The plan must provide for such structures and 494
devices as may be required by the City’s stormwater rules and regulations. 495
L. Site Plan Requirements. In addition to the site plan requirements in Section 10, the 496
following must be provided as necessary to determine compliance with the applicable 497
standard: 498
1. Dimensions between buildings and calculations, Subsection D, Paragraph 4 499
2. Parking calculations in table form, Subsection D, Paragraph 5 500
3. Open space plan (as separate sheet or as part of landscaping plan), specifying 501
all required improved and other open spaces with overall dimensions, area (sf) for 502
each, proposed use and improvements, including a table with areas and 503
percentages, Subsection D, Paragraph 6 504
4. Location and amount of dedicated storage space, Subsection D, Paragraph 10 505
5. Pedestrian circulation plan, with dimensions, materials in relation to open spaces, 506
buildings and vehicular areas, Subsection E 507
6. Dimensioned plan or illustration of privacy and security measures, including 508
method of horizontal and/or vertical separation, Subsection F 509
7. Lighting plan, prepared by a lighting designer documenting conformance with 510 Subsection G. 511
8. Dimensioned diagrams or illustrations of building and roof articulation for 512
each unique building plan, Subsection H. 513
9. Typical elevations for each unique building plan, including building details, 514
materials and percentages of fenestration and materials used on facades, 515
Subsection I. 516
10.Traffic Impact Study and Plan, if required, Subsection K 517
ARTICLE 7 – DISTRICT REQUIREMENTS 518 519 Section 71. - Residential district requirements. 520
Agenda 5
District Use Regulations Space and
Height
Regulations
All "R"
Districts
USES PERMITTED: Accessory structures: gardens, playgrounds
and parks; public buildings, including public schools and libraries;
satellite dishes or discs as herein defined by that ordinance, and no
other; and parking of recreational vehicles, as herein defined
subject to the following conditions: a) At no time shall such parked
or stored camping and recreational equipment be occupied or used
for living, sleeping or housekeeping purposes. b) If the camping and
recreational equipment is parked or stored outside of a garage, it
shall be parked or stored to the rear of the front of the building line
of the lot. c) Notwithstanding the provisions of subparagraph (b),
camping and recreational equipment may be parked anywhere on
the premises for loading and unloading purposes. Home
occupations only in accordance with the provisions specified in
Article 6.
USES PERMITTED ON APPEAL: Public utility structures, such as
electric substations, gas metering stations, sewage pumping
stations and similar structures; general hospitals for humans, except
primarily for mental cases; churches; cemeteries; semi-public
buildings; golf courses; municipal, county, state or federal use;
kindergartens, nurseries, nursery schools, day care centers, private
schools; and satellite dishes or discs, not defined herein.
USES PROHIBITED: Mobile homes, house trailers, trailer courts or
camps, commercial and industrial uses, including parking lots or
parking areas in connection with these uses, not specifically
permitted.
MINIMUM YARD SIZE: For
public and semi-public
structures: Front Yard: 35
feet; Rear Yard: 35 feet;
Side Yard: 35 feet.
MINIMUM LOT SIZE: Width
at building line: 45 feet.
MAXIMUM HEIGHT: 50
feet
2 stories.
R-1
USES PERMITTED: Single-family dwellings. (See: regulations
common to all "R" Districts, listed above.)
MINIMUM YARD SIZE: Front
Yard: 40 feet; Rear Yard:
45 feet; Side Yard: 15
feet.
MINIMUM LOT SIZE: Area in
Square Feet: 15,000;
Width at building line:
100.MAXIMUM HEIGHT:
35
Feet; 2½ stories.
MAXIMUM BUILDING
AREA PERCENT:
25% OFF STREET
PARKING CAR
SPACES: One.
Agenda 5
R-2
USES PERMITTED: Single-family dwellings. (See: regulations
common to all "R" Districts, listed above.)
MINIMUM YARD SIZE: Front
Yard: 35 feet; Rear Yard:
40 feet; Side Yard: 10
feet.
MINIMUM LOT SIZE: Area in
Square Feet: 10,500;
Width at building line: 75
feet.
MAXIMUM HEIGHT: 35 feet;
2½ stories.
MAXIMUM BUILDING
AREA PERCENT: 25%
OFF STREET
PARKING CAR
SPACES: One.
R-3
USES PERMITTED: Single-family dwellings.
(See: regulations common to all "R" Districts, listed above.)
MINIMUM YARD SIZE:
Front
Yard: 25 feet; Rear Yard:
30 feet; Side Yard: 8 feet
one side; 6 feet the other
side. MINIMUM LOT SIZE:
Area in
Square Feet: Single
family dwellings: 7,500;
Width at Building Line:
Single dwellings 60 feet.
MAXIMUM HEIGHT: 35 feet 3 stories.
MAXIMUM BUILDING
AREA PERCENT: 35%
R-4
USES PERMITTED: Dwellings and apartments for any number of
families. USES PERMITTED ON APPEAL: Clubs, not conducted
for profit; rooming and boarding houses. (See: regulations common
to all "R" Districts, listed above.)
MINIMUM YARD SIZE:
Front
Yard: 25 feet; Rear Yard:
30 feet; Side Yard: 8 feet
on one side; 6 feet on the
other side.
MINIMUM LOT SIZE: Area in
Square Feet: One or two
family dwellings 6,000;
For each additional
family unit, add: 5 feet.
MAXIMUM HEIGHT: 35 feet;
3 stories.
MAXIMUM BUILDING
AREA PERCENT: 40%
521
Note "A": A carport, porte-cochere, porch or structure or part thereof as defined in Section 68 hereof, shall be 522
considered as part of the main building and shall be subject to the setback and side yard requirements for the 523
district in which it is located. 524
THAT all other items and provisions of the Zoning Ordinance of the City of Prattville 525
526 not herein specifically amended shall remain in full force and effect. 527 528 THIS Ordinance shall become effective upon its passage and execution as provided 529
530
by law. 531 532 533 534
535
Agenda 5
ADOPTED THIS 15TH DAY OF JUNE, 2021. 536
537
538 ______________________________ 539 By: Gerald “Jerry” Starnes, President 540 Prattville City Council 541
542 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 543 544 545 _____________________________ 546
By: Lisa Terrill 547 City Clerk 548 549 APPROVED: 550 551
________________________ 552 By: Bill Gillespie, Jr. 553 Mayor 554 555 556
557 558 559 560 561
562 563 564 565 566
567 568 569 570 571
572 573 574 575 576
577 578 579 580 581
582 583 584 585 586 587 588 589 590
591 592 593 594 595
596 597 598 RESOLUTION BOOK 2021, PAGE ___599
Agenda 6
RESOLUTION 1
2 [To Release Funds for the Purchase of One (1) 2022 Ford F550 4x4 Diesel Truck with Auto 3 Crane through the Sourcewell Purchasing Cooperative from Ingram Equipment Company, 4 LLC for the Wastewater Division at a Cost Not to Exceed $111,830.00.] 5 6
{Sponsored By: Councilor Striplin} 7 8 WHEREAS, there is a need for one (1) 2022 Ford F550 4x4 Diesel Truck with Auto 9 10 Crane in the Public Works/Wastewater Division; and 11
12 WHEREAS, said truck is available through the Sourcewell Purchasing Cooperative, 13 14 Contract Number, 060920-NAF, from Ingram Equipment Company, LLC at a cost not to 15 16
exceed $111,830.00; and 17 18 WHEREAS, this is a budgeted expense for the Public Works/Wastewater Division. 19 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 21
22 that funds in an amount not to exceed $111,830.00 for the purchase of said truck are hereby 23 24 authorized and approved to be paid to Ingram Equipment Company, LLC and said funds are 25 26
approved and appropriated from FY2021 Budget Line Item Wastewater Enterprise 27 28 Fund/Capital Outlay. 29 30 ADOPTED THIS 15TH DAY OF JUNE, 2021. 31
32
33 ______________________________ 34 By: Gerald “Jerry” Starnes, President 35 Prattville City Council 36
37 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 38 39 40 ______________________________ 41
By: Lisa Terrill 42
City Clerk 43 44 APPROVED: 45 46
47
______________________________ 48 By: Bill Gillespie, Jr. 49 Mayor 50 51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Agenda 7
RESOLUTION 1
2 [To Release Funds for the Purchase of One (1) Pipehunter Side-Trac Easement Machine 3 with Trailer through the Sourcewell Purchasing Cooperative from Ingram Equipment 4 Company, LLC for the Wastewater Division at a Cost Not to Exceed $49,198.00.] 5 6
{Sponsored By: Councilor Striplin} 7 8 WHEREAS, there is a need for one (1) Pipehunter Side-Trac Easement Machine with 9 10 Trailer in the Public Works/Wastewater Division; and 11
12 WHEREAS, said machine is available through the Sourcewell Purchasing Cooperative, 13 14 Contract Number, 060920-NAF, from Ingram Equipment Company, LLC at a cost not to 15 16
exceed $49,198.00; and 17 18 WHEREAS, this is a budgeted expense for the Public Works/Wastewater Division. 19 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 21
22 that funds in an amount not to exceed $49,198.00 for the purchase of said machine are hereby 23 24 authorized and approved to be paid to Ingram Equipment Company, LLC and said funds are 25 26
approved and appropriated from FY2021 Budget Line Item Wastewater Enterprise 27 28 Fund/Capital Outlay. 29 30 ADOPTED THIS 15TH DAY OF JUNE, 2021. 31
32
33 ______________________________ 34 By: Gerald “Jerry” Starnes, President 35 Prattville City Council 36
37 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 38 39 40 ______________________________ 41
By: Lisa Terrill 42
City Clerk 43 44 APPROVED: 45 46
47
______________________________ 48 By: Bill Gillespie, Jr. 49 Mayor 50 51 52 53 54 55
56 57 58 59 60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Agenda 8
RESOLUTION 1
2 [To Amend the Budget and Authorize the Planning Department to Execute a Property 3 Acquisition through FEMA’s Hazard Mitigation Assistance Grant Program at a Cost Not to 4 Exceed $39,200.00.] 5 6
{Sponsored By: Council President Starnes} 7 8 WHEREAS, the City of Prattville Planning Department has a need to execute a 9 10 property acquisition through FEMA’s Hazard Mitigation Assistance Grant Program; and 11
12 WHEREAS, said property is located at 230 Allenville Road, parcel number 19 03 08 3 13 14 002 018.000. 15 16
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of 17 18 Prattville hereby amends the FY2021 Budget as follows: 19 20 Decrease Capital Projects Fund/City Hall Annex Renovations $39,200.00 21 Increase Capital Projects Fund/Hazard Mitigation Grant Project $39,200.00 22 23 BE IT FURTHER RESOLVED by the City Council of the City of Prattville funds not to 24 25
exceed $39,200.00 for the purchase of said property acquisition and related closing and 26 27 demolition costs, and said funds are hereby approved and appropriated from FY2021 Budget 28 29 Line Item Capital Projects Fund/Hazard Mitigation Grant Project. 30
31 BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to 32 33 negotiate, accept and execute, an agreement, between Derek Righter and the City of 34 35
Prattville for said property acquisition. 36 37 ADOPTED THIS 15th DAY OF JUNE, 2021. 38 39 40
___________________________________ 41 By: Gerald “Jerry” Starnes, President 42 Prattville City Council 43 44 AUTHENTICATED THIS 15TH DAY OF JUNE, 2021. 45
46
47 ___________________________________ 48 By: Lisa Terrill 49 City Clerk 50
51 APPROVED: 52 53 54 ___________________________________ 55
By: Bill Gillespie, Jr. 56
Mayor 57 58 59
60
61 62 63 RESOLUTION BOOK 2021, PAGE ___64
Agenda 9
HELD FROM JUNE 1, 2021 1
ORDINANCE 2
3
[To Amend the City of Prattville Code of Ordinances by Replacing Section 38-301, Article V, 4
Chapter 38, Definitions; Adding Sections 38-335 to 38-342, Article V, Chapter 38, Mobile 5
Food Vendors Licenses; Amending Section 38-329, Article V, Chapter 38, Selling of Food 6
Products, Goods, etc., from Parked Vehicles; and Amending Section 38-321, Article V, 7
Chapter 38, License Classification Codes.] 8
9
{Sponsored By: Council President Pro Tempore Boone} 10
11
WHEREAS, Alabama municipalities are authorized to regulate the use of public 12
13
streets, sidewalks and rights-of-way for public health, safety, welfare and convenience; 14
15
and 16
17
WHEREAS, no person, firm, association, or corporation is authorized or permitted to 18
19
use the streets, avenues, alleys, or public rights-of-way of any municipality for the operation 20
21
of any private enterprise, without first obtaining the consent of the property authorities of such 22
23
municipality provided by §11-49-1, Code of Alabama, 1975, as amended; and 24
25
WHEREAS, mobile food vehicles are a national trend and provide the useful service of 26
27
convenient and varied dining options; and 28
29
WHEREAS, the City Council of the City of Prattville finds it in the interest of the public 30
31
health, safety, welfare and convenience to authorize the operation of mobile food vehicles 32
33
within the City limits, subject to regulations to protect the safe and convenient use of public 34
35
rights-of-way as well as to impose reasonable restrictions on such vendors operating on 36
37
private property. 38
39
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville, 40
41
Alabama, that Chapter 38, “Business Licenses and Taxes” Article V is amended as 42
43
follows: 44
Chapter 38 – Business Licenses and Taxes 45
Article V. 46
47
Section 38-301 is deleted in its entirety and replaced with the following Section 38-301. 48
SECTION 1. Sec. 38-301. - Definitions. 49
A. The following words, terms and phrases, when used in this article, shall have the meanings 50
ascribed to them in this section, except where the context clearly indicates a different meaning: 51
Applicant means any person or business that applies for a license or renews a license under 52 the provisions of this article. 53 54
Business means any commercial or industrial activity or any enterprise, trade, profession, 55 occupation, or livelihood, including the lease or rental of residential or nonresidential real 56 estate, whether or not carried on for gain or profit, and whether or not engaged in as a 57 principal or as an independent contractor, which is engaged in, or caused to be engaged in, 58 within the city. 59
Agenda 9
60
Business license means an annual license issued by the city for the privilege of doing any 61 kind of business, trade, profession, or any other activity in the city, by whatever name called, 62 which document is required to be conspicuously posted or displayed except to the extent the 63 taxpayer's business license tax or other financial information is listed thereon. 64 65
Business license remittance form means any business license return, renewal reminder 66 notice, or other writing on which the taxpayer calculates the business license tax liability for 67 all or part of the license year and remits the amount so calculated with the form. 68 69 Department or department of revenue means the state department of revenue, as created 70
under §40-2-1, Code of Alabama, 1975, as amended. 71 72
Designee means an agent or employee of the city authorized to administer or collect, or both, 73 the municipality's business license taxes, which may include another taxing jurisdiction, the 74 department of revenue, or a private auditing or collecting firm as defined in §40-2A-3, Code 75
of Alabama, 1975, as amended. 76 77
Finance director means the treasurer/finance director of the city. 78 79 Gross receipts mean the measure of any and all receipts of a business from whatever source 80
derived, to the maximum extent permitted by applicable laws and constitutional provisions, to 81 be used in calculating the amount due for a business license. Provided, however, that: 82 83 (1) Gross receipts shall not include any of the following taxes collected by the business 84
on behalf of any taxing jurisdiction or the federal government: all taxes which are 85
imposed on the ultimate consumer, collected by the taxpayer and remitted by or on 86
behalf of the taxpayer to the taxing authority, whether state, local or federal, including 87 utility gross receipts levied pursuant to §40-21-80, Code of Alabama, 1975, as amended; 88 license taxes levied pursuant to §40-21-50, Code of Alabama, 1975, as amended; or 89 reimbursements to professional employer organizations of federal, state or local payroll 90
taxes or unemployment insurance contributions; but no other deductions or exclusions 91
from gross receipts shall be allowed except as provided in this article. 92 93 (2) A different basis for calculating the business license may be used by the city with 94
respect to certain categories of taxpayers as prescribed in §11-51-90B, Code of 95 Alabama, 1975, as amended. 96
97 (3) For a utility or other entity described in §11-51-129, Code of Alabama, 1975, as 98
amended, gross receipts shall be limited to the gross receipts derived from the retail 99 furnishing of utility services within the city during the preceding year that are taxed under 100 §40-21-80, Code of Alabama, 1975, as amended, except that nothing herein shall affect 101
any existing contract or agreement between a municipality and a utility or other entity. 102
The gross receipts derived from the furnishing of utility services shall not be subject to 103 further business license taxation by the city. 104 105 (4) Gross receipts shall not include dividends or other distributions received by a 106
corporation, or proceeds from borrowing, the sale of a capital asset, the repayment of 107
the principal portion of a loan, the issuance of stock or other equity investments, or 108 capital contributions, or the undistributed earnings of subsidiary entities. 109 110 Health Department shall mean the County Health Department. Such terms shall be construed 111
to include the Elmore County Health Department or the Autauga County Health Department 112
depending on which county the vendor is doing business, and any officer or agent of the 113 department authorized to act for and on behalf of the department with respect to the 114 enforcement and administration of this code and other city ordinances. 115 116
License form means any business license application form, renewal reminder notice, 117
business license remittance form, or business license return by whatever name called. 118
License year means the calendar year. 119 120 Mobile food vehicle means a self-contained vehicle or trailer that serves prepared foods or 121
prepares and serves foods in various locations of the City. Ice cream peddlers are not 122
included in this definition; however, they must obtain the applicable city business license. 123
Agenda 9
Municipality means any town or city in this state that levies a business license tax from time 124
to time. The term shall also include the town's or city's police jurisdiction, where the business 125 license tax is levied in the police jurisdiction. 126 127
Person means any individual, association, estate, trust, partnership, limited liability company, 128 corporation, or other entity of any kind, except for any nonprofit corporation formed under the 129
laws of the state which is operated to enable municipalities that become members of such 130 nonprofit corporation to finance or refinance capital projects and related undertakings, on a 131 cooperative basis, and whose board of directors or other governing body consists primarily of 132 elected officials of the municipality. 133 134
“Prattville City Council”, “Council”, “City Council” shall mean the Council of the City of 135 Prattville. 136 137
Pushcart means a non-self-propelled mobile food unit that is lightweight enough, designed, 138 and intended to be moved by one person. 139
140
Retailer means a person who sells to the consumer or any other person for any purpose 141 other than for resale in the form of tangible personal property. A person selling both at 142 wholesale and retail shall keep such person's books so as to show separately the gross 143 proceeds of wholesale sales and the gross proceeds of retail sales. The books, invoices, 144
records, and accounts provided for in this section shall at all times be open to examination by 145 the state department of revenue, by the finance director, revenue officer, and by any other 146 person designated by the city. 147 148 Revenue officer means the employee charged by the city with the primary responsibility of 149
administering this business license tax article and related matters thereto. 150 151
Taxing jurisdiction means the city, or the department of revenue acting as agent on behalf of 152 the city pursuant to §11-51-180, Code of Alabama, 1975, as amended, as the context 153 requires. 154
155
Taxpayer means: 156 157 (1) Any person subject to or liable under this article for any business license tax; 158
(2) Any person required to file a return with respect to, or pay or remit the business 159
license tax levied under this article or to report any information or value to the taxing 160
jurisdiction; 161
(3) Any person required to obtain, or who holds any interest in, any business license 162
issued by the taxing jurisdiction; 163
(4) Any person who may be affected by any act or refusal to act by the taxing jurisdiction 164
under this article; or 165
(5) Any person required to keep any records required by this article. 166 167
USC means the applicable title and section of the United States Code, as amended from 168
time to time. 169 170
Wholesale sale means a sale by a wholesaler to a licensed retail merchant, jobber, dealer, or 171 other wholesaler for resale. Included in this category are sales to schools, hospitals, nursing 172
homes, counties, municipalities, the state, and contractors for use in their businesses. 173
174
Other terms. Other capitalized or specialized terms used in this article, and not defined above, 175 shall have the same meanings ascribed to them in §40-2A-3, Code of Alabama, 1975, as 176 amended, unless the context therein otherwise specifies. 177
178
Restaurant means a brick and mortar establishment where meals, food, and/or drink are 179 generally prepared and served to customers for consumption either on or off premises in return 180 for money, either paid before or after the meal. 181 182
B. Section 38-304 (a) Add the following sentence: 183
184
Agenda 9
The foregoing does not apply to any business holding a mobile food vendor license. 185
186
C. Section 38-321. License Classifications. 187
188
Insert Code 7225399 “Mobile Food Vendor” between 7225398 “Ice Cream Peddler” and 189
7225812 “Restaurants” in the table of License Classification Codes and a fee schedule of “A”. 190
191
D. Add the following Sections: 192
193
Sec. 38-335. Mobile Food Vendors. 194
195
The general purpose of this Section is to promote the health, safety, comfort, convenience, 196
prosperity, and general welfare of the citizens of Prattville by establishing reasonable 197
guidelines and regulations for mobile food vehicles, to regulate where they may be located for 198
the protection of other businesses, and to provide for the safe and convenient use of the 199
city’s public rights-of-way. 200
201
Sec. 38-336. Pushcarts. 202
203
Pushcarts are not allowed under this article, unless authorized as part of a special event or 204
otherwise by the Finance Director and Planning Director. 205
206
Sec. 38-337. Zoning Requirement. 207
208
Mobile food vendors will not be permitted to operate within any residential zones of the city 209
unless they are temporarily operated for specific events and have prior written approval from 210
the city’s Finance Department and Planning Department. 211
212
Sec. 38-338. Business License Types and Cost. 213
214
(a) All mobile food vendors must obtain a business license to operate anywhere in the 215
city limits of Prattville, Alabama. 216
(b) The city Finance Department may waive the cost of a business license when it is 217
deemed to be in the best interest of the city to do so; such as large public 218
gatherings, parades, festivals and the like. The applicant shall apply for any such 219
waiver on the special events application form. 220
221
Sec. 38-339. Approval Process. 222
223
(a) Any person or company desiring a license to operate as a mobile food vendor 224
within the City of Prattville: 225
226
(1) Must make application on forms provided by the Finance Department. 227
(2) Must adhere to all restrictions in this article. 228
(3) Must comply with International Fire Code as it relates to the regulation of 229
mobile food preparation vehicles and have each unit inspected and 230
approved by the City Fire Marshal. 231
(4) Any power source must comply with all applicable electrical code standards. 232
(5) Must obtain a valid health certificate from the county health department for 233
any unit from which they shall be conducting business. 234
(6) Must have a valid copy of executed notarized lease(s) or letter(s) of consent 235
from property owner(s) for each private site. 236
(7) In addition to the requirements noted above, the applicant for a mobile food 237
vendor license must provide: 238
a. The name, home and business address of the applicant. 239
b. A description of the food and/or beverage to be sold. 240
c. A description and photograph or drawing of the food truck for which a 241
license is sought. 242
d. A copy of the applicable insurance policy or binder. 243
Agenda 9
e. Such information as the applicant may choose or as may be 244
requested by the city. 245
246
Sec. 38-340. Restrictions. 247
248
Persons conducting business from a mobile food vehicle shall operate under the following 249
terms: 250
1) No vendor shall operate on more than two (2) individual sites per day. 251
2) No vendor shall operate within a city right-of-way, easement or any city property 252
unless they have obtained the approval of the City department in primary control of 253
such property, and in such other areas as may be permitted by the City’s zoning 254
ordinance. 255
3) Vending may not obstruct the use of any street intersection, pedestrian crosswalk or 256
walkway. 257
4) Vending shall not impede the ingress or egress of any driveway. 258
5) Vending shall not obstruct public pedestrian space. 259
6) Mobile food vendors may not operate within twenty-five (25) feet of any fire hydrant, 260
utility boxes, handicap ramps or building entrances. 261
7) Mobile food vendors shall not store, park or leave any mobile food vehicle overnight on 262
any city right-of way, easement or city property. 263
8) One “sandwich board” style or similar portable, temporary sign that does not impede 264
pedestrians or traffic, and does not exceed ten square feet, nor is taller than four feet, 265
may be placed within 15 feet of the mobile food vendor. 266
9) Normal hours of operation are from 6:00 a.m. to 11:00 p.m. unless otherwise approved 267
by the Finance Director and Planning Director. 268
10) All vendors are subject to the regulations and other requirements established by the 269
Health Department. 270
11) Mobile food vendors shall be allotted thirty (30) minutes set-up and thirty (30) minutes 271
breakdown before and after the stated operating hours in which no food sales may 272
take place. 273
12) No mobile food vehicle shall operate within 150 feet from the entrance of an 274
operational restaurant, unless a letter of consent is provided by the restaurant. 275
13) No mobile food vehicle shall operate within five hundred (500) feet of any fair, stadium, 276
carnival, circus, festival, special event, civic event, entertainment district or other like 277
sponsored event that is licensed or authorized by the city, unless they are authorized 278
by the sponsor to be participants in such event. 279
14) No mobile food vendor shall use or maintain any outside sound amplifying equipment, 280
lights, or noisemakers, such as bells, horns or whistles or similar devices to attract 281
customers. They may use lights with appropriate protective shields for the purpose of 282
illuminating merchandise, so long as it is not a distraction to passing motorists. The 283
decision of such distractions shall be determined by the Prattville Police Chief or shift 284
supervisor. 285
15) No mobile food vendor operating within the city shall cause congestion that impedes 286
pedestrian or vehicular traffic or interferes with the city or public’s use of any public 287
rights-of-way. This shall include but is not limited to activity of customer queues, 288
accessory units or signage that in any way invades or impairs access to adjacent 289
parking, pedestrian or vehicular traffic. 290
16) No mobile food vendor shall make or solicit any sales to occupants of vehicles or 291
engage in any activities which impede vehicular traffic. 292
17) Any mobile food vehicle shall be self-contained including any electrical, gas, water and 293
disposal needs. However, electrical power may be supplied by use of approved 294
power/extension cords with the permission of the electrical provider. Electrical 295
connections must comply with applicable city codes. No power cable or equipment 296
shall be extended at grade or overhead across any public street, alley or sidewalk. 297
18) No tables, chairs, tents, canopies, or vending machines shall be located around the 298
unit, unless approved by the Finance Director and Planning Director. 299
19) The owner or operator shall dispose of all grease in accordance with health 300
department requirements and city requirements. 301
20) Mobile food vendors shall be responsible for providing and maintaining their own trash 302
receptacles. The licensee shall contain all refuse, trash and litter within the mobile food 303
Agenda 9
unit; or, via a moveable receptacle maintained by the licensee that is placed adjacent 304
to the mobile vehicle in such a manner as not to block or otherwise obstruct pedestrian 305
or vehicular traffic. The licensee shall be responsible for properly disposing of such 306
refuse, trash and litter as would any business, and shall not place it in any public trash 307
container, or in any private container without proper permission. The area around the 308
unit shall be kept clean and free of litter, garbage and debris. 309
21) The mobile food vendor shall comply with all applicable laws including but not limited 310
to the Americans with Disabilities Act. 311
22) Mobile food vending in the city rights-of-way (when approved by the Finance 312
Department and Planning Department) shall only occur from the side of a food vehicle 313
that is abutting and parallel to the curb and in an approved parking area. 314
23) No mobile food vendors shall have a drive-through service. 315
24) The sale of alcoholic beverages or tobacco products from a mobile food vendor is 316
prohibited. 317
25) The sale of merchandise from a mobile food vendor is prohibited. 318
26) Any mobile food vehicle operating without a valid business license may be ticketed 319
and impounded as prescribed and authorized in Section 38-341 of this Code. 320
27) A mobile food vehicle operating at any unauthorized location or beyond the hours for 321
which the operation has been permitted shall be considered a public safety hazard and 322
may be ticketed and impounded as prescribed and authorized in Section 38-341 of the 323
Code. 324
28) A mobile food vehicle’s business license shall not be assignable, in whole or in part, in 325
any manner. 326
327
Sec. 38-341. Exemption for Ice Cream Peddlers. 328
329
(a) Ice cream vendor owners/operators are exempt from mobile food vehicle licensing; 330
however, such businesses must obtain a city business license as an ice cream 331
peddler. 332
(b) Except as herein provided, it shall be unlawful for any ice cream peddlers, while 333
engaged in the business of selling, to stop or stand or permit or suffer any vehicle to 334
do so upon any street of the city except during the actual sale of its ice cream product. 335
In no event shall an ice cream vendor be or remain upon any street longer than is 336
reasonable to conduct a sale; such time not to exceed thirty (30) minutes. 337
338
Sec. 38-342. Enforcement and Fines. 339
340
(a) Enforcement. The provisions of Sections 38-335 to 38-339 inclusive, or any rules and 341
regulations applicable to mobile food vehicles shall be enforced jointly and severally by 342
the Prattville Police Department, the Fire Marshal, the Finance Director, the Revenue 343
Officer or the Code Enforcement division. 344
(b) Fine for Violation. Any mobile food vendor in violation of any provision of Sections 38-345
335 to 38-339 shall be subject to a fine of up to five hundred ($500.00) dollars per 346
violation. Each violation shall constitute a separate and distinct offense. Each day shall 347
be considered a separate offense. 348
(c) A license holder found in violation of the provisions of Sections 38-335 to 38-339, 349
inclusive, may be ticketed for the violation and the mobile food vehicle may be 350
impounded. 351
(d) All mobile food vehicle vendor licenses are subject to the provisions set out in Article 352
V, Chapter 38, Sections 38-317 to 38-318 inclusive, for denial, suspension, revocation 353
and appeal. 354
355
SECTION 2. All other sections or provisions of the Code of Ordinances of the City of 356
357
Prattville, Alabama, not specifically herein remain in full force and effect. 358
359
SECTION 3. Should any section or provision of the Ordinance or the Code of 360
361
Ordinances of the City of Prattville, Alabama be held invalid, such holding shall not affect the 362
363
Agenda 9
validity of any section or provision thereof which are not themselves invalid. 364
365
SECTION 4. This Ordinance shall become effective upon its adoption and publication 366
367
as required by law. 368 369
ADOPTED THIS 15TH DAY OF JUNE, 2021. 370
371
372
______________________________ 373
By: Gerald “Jerry” Starnes, President 374
Prattville City Council 375
376
377
378
379
AUTHENTICATED 15TH DAY OF JUNE, 2021. 380
381
382
______________________________ 383
By: Lisa Terrill 384
City Clerk 385
386
APPROVED: 387
388
389
______________________________ 390
By: Bill Gillespie, Jr. 391
Mayor 392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413 414 415 416 417 418 419 420 421 422 ORDINANCE BOOK 2021, PAGE 017423
Agenda 10
ORDINANCE 1
2 [To Amend City Code Division 2. Sales Tax, Section 38-92 Imposition of Certain Sales and 3 Use Taxes.] 4 5 {Sponsored By: Council President Starnes} 6
7 BE IT ORDAINED that City Code Division 2. Sales Tax, Section 38-92 is hereby 8 9 amended as follows: 10 11
Sec. 38-92. – Imposition of Additional Tax. 12
13 (a) In addition to the taxes set forth in Section 38-91, there shall be an additional one (1) 14 percent (%) tax levied under Section 38-91(1), (2), and (6) commencing on July 1, 2021. 15 16
(b) The tax collected under this section herein, after deduction for expenses of collection, 17 shall be expended in the following manner: 18 19 1. One hundred (100) percent (%) of each month’s collections of the one (1) 20
percent (%) tax shall be deposited into a General Fund Reserves bank account 21
maintained in accordance with the City’s General Fund Reserve Policy. 22
23
2. Reserved. 24
This Ordinance shall become effective upon its passage and execution as provided by law. 25 26 law. 27 28
ADOPTED THIS 15TH DAY OF JUNE, 2021. 29 30 31 ______________________________ 32 By: Gerald “Jerry” Starnes, President 33
Prattville City Council 34 35 AUTHENTICATED 15TH DAY OF JUNE, 2021. 36 37 38
______________________________ 39 By: Lisa Terrill 40 City Clerk 41 42 APPROVED: 43
44 45 ______________________________ 46 By: Bill Gillespie, Jr. 47 Mayor 48
49 50 51 52 53
54 55 56 57 58
59 60 61 62 ORDINANCE BOOK 2021, PAGE ___63
Agenda 11
ORDINANCE 1
2 [To Amend City Code Division 2. Sales Tax, Section 38-92 Imposition of Certain Sales and 3 Use Taxes.] 4 5 {Sponsored By: Council President Starnes} 6
7 BE IT ORDAINED that City Code Division 2. Sales Tax, Section 38-92 is hereby 8 9 amended as follows: 10 11
Sec. 38-92. – Imposition of Additional Tax. 12 13 (a) In addition to the taxes set forth in Section 38-91, there shall be an additional one 14 (1) percent (%) tax levied under Section 38-91(1), (2), and (6) commencing on July 1, 15 2021. 16
17 (b) The tax collected under this section herein, after deduction for expenses of 18 collection, shall be expended in the following manner: 19 20 1. Ten (10) percent (%) of each month’s collections of the one (1) percent (%) tax 21
shall be deposited into a General Fund Reserves bank account maintained in 22
accordance with the City’s General Fund Reserve Policy. 23
24
a. Once the provisions of the City’s General Fund Reserve Policy have 25
been satisfied, this ten (10) percent (%) of the one (1) percent (%) tax 26
shall be deposited into an Economic Development Reserves bank 27
account. Such funds may be expended only on economic development 28
projects approved by the City Council of the City of Prattville. 29
30
b. If the provisions of the City’s General Fund Reserve Policy are not in 31
compliance at the conclusion of any fiscal year ending September 30th 32
following the effective date of this Ordinance, then the Finance Director 33
shall move the necessary funds from the Economic Development 34
Reserves bank account to the General Fund Reserves bank account to 35
satisfy the City’s General Fund Reserve Policy. 36
37
2. The remaining ninety (90) percent (%) of each month’s collections of the one (1) 38
percent (%) tax shall be committed as follows: 39
40
a. Fifty (50) percent (%) shall be deposited into an Education Reserves 41
bank account and used only for education-related expenses within the 42
corporate limits of the City of Prattville. 43
44
b. Twenty-five (25) percent (%) shall be deposited into a Parks and 45
Recreation Reserves bank account and used only for Parks and 46
Recreation facilities within the corporate limits of the City of Prattville. 47
48
c. Twenty-five (25) percent (%) shall be deposited into an Infrastructure 49
Reserves bank account and used only for infrastructure-related 50
expenses within the corporate limits of the City of Prattville. 51
This Ordinance shall become effective upon its passage and execution as provided by law. 52 law. 53 54 ADOPTED THIS 15TH DAY OF JUNE, 2021. 55
56 57 ______________________________ 58 By: Gerald “Jerry” Starnes, President 59 Prattville City Council 60 61
Agenda 11
AUTHENTICATED 15TH DAY OF JUNE, 2021. 62
63
64 ______________________________ 65 By: Lisa Terrill 66 City Clerk 67
68 APPROVED: 69 70 71 ______________________________ 72
By: Bill Gillespie, Jr. 73
Mayor 74 75 76 77
78
79 80 81 82
83 84 85 86 87
88 89 90 91 92
93 94 95 96 97
98 99 100 101 102
103 104 105 106 107
108 109 110 111 112 113 114 115 116
117 118 119 120 121
122 123 124 ORDINANCE BOOK 2021, PAGE ___ 125