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DRAFT Council Agenda - 08.17.2021 AGENDA PRATTVILLE CITY COUNCIL TUESDAY, AUGUST 17, 2021 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: ROLL CALL: CALL TO ORDER: THE CHARACTER TRAIT OF THE MONTH IS FLEXIBILITY: Adjusting to change with a good attitude. APPROVAL OF MINUTES: Public Hearing and City Council August 3, 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 Authorize Signatures of City Officials with River Bank and Trust, Trustmark National Bank, First Community Bank of Central Alabama, and Hancock Whitney Bank. (Sponsored By: Council President Starnes) 2. RESOLUTION: To Appoint Eric Morgan to the Montgomery Area Mental Health Authority. (Sponsored By: Councilor Jackson) 3. 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) 4. RESOLUTION: To Authorize the Retirement of Police K-9 Bones from Police Service with the City of Prattville Police Department. (Sponsored By: Council President Starnes) 5. RESOLUTION: To Set a Public Hearing for Consideration of the Revocation of Bama Lanes LLC Prattville d/b/a Blue Iguana Bar’s Business License. (Sponsored By: Council President Starnes) AGENDA 1. ORDINANCE: To Adopt Proposed Amendments to the City of Prattville Code of Ordinances, Appendix A-Zoning, Article 6, Section 67 and Article 7, Section 71. (Sponsored By: Councilor Chambers) HELD FROM JUNE 15, 2021 & JULY 20, 2021 2. 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) 3. RESOLUTION: To Enter into a Cash Management Services Agreement with Trustmark National Bank to Designate Deputy Finance Director, Carlee Sims, as an Authorized Customer Representative. (Authority to Initiate Transactions). (Sponsored By: Council President Starnes) 4. RESOLUTION: To Adopt a Transportation Plan for Fiscal Year 2022 as Required by Act 2019-2 for the Rebuild Alabama Fund. (Sponsored By: Councilor Jackson) 5. RESOLUTION: To Authorize the Mayor to Sign a One-Year Engagement Letter with Jackson Thornton & Co., P.C. for Auditing Services for Fiscal Year 2021 at a Cost Not to Exceed $100,000.00. (Sponsored By: Council President Starnes) 6. RESOLUTION: To Designate the Montgomery Advertiser as the Newspaper for the City of Prattville’s Legal Publications. (Sponsored By: Council President Starnes) 7. RESOLUTION: To Amend the Budget and Authorize the Release of Funds for the Purchase of One (1) 2021 Chevrolet Silverado 1500 4WD Crew Cab Truck through State Bid Contract Number T191L, Master Agreement Number MA 999 200000000211, from Donohoo Chevrolet for the Fire Department at a Cost Not to Exceed $31,705.10. (Sponsored By: Council President Pro Tempore Boone) 8. RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) Police K-9 and K-9 Narcotic Detection/Handler Training from Alabama Canine Law Enforcement Officers Training Center, Inc. for the Police Department at a Cost Not to Exceed $11,500.00. (Sponsored By: Council President Starnes) 9. ORDINANCE: To Amend City of Prattville Code of Ordinances Chapter 10 Animals, Article II. Dogs, Section 10-42, Inhumane Treatment of Dogs Prohibited and Section 10-43, Dog Tethering. (Sponsored By: Councilor Strichik) COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN: The next City Council meeting is scheduled for Tuesday, September 7, 2021, at 6:00 p.m. RESOLUTION 1 2 [To Authorize Signatures of City Officials with River Bank and Trust, Trustmark National 3 Bank, First Community Bank of Central Alabama, and Hancock Whitney Bank.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, River Bank and Trust, Trustmark National Bank, First Community Bank of 8 9 Central Alabama, and Hancock Whitney Bank are designated as depository for funds and to 10 11 provide other financial accommodations for the City of Prattville; and 12 13 WHEREAS, the Corporate Authorization Resolutions with River Bank and Trust, 14 15 Trustmark National Bank, First Community Bank of Central Alabama, and Hancock Whitney 16 17 Bank need to be updated; and 18 19 WHEREAS, the following City officials shall be designated as Authorized Signers for the 20 21 City of Prattville for financial transactions with River Bank and Trust, Trustmark National Bank, 22 23 First Community Bank of Central Alabama, and Hancock Whitney Bank: 24 25 • Daniel F. Oakley Finance Director 26 • Carlee Sims Deputy Finance Director 27 • Gerald “Jerry” Starnes City Council President 28 • William W. Gillespie, Jr. Mayor 29 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 31 32 said City officials are hereby designated as Authorized Signers for the City of Prattville with 33 34 River Bank and Trust, Trustmark National Bank, First Community Bank of Central Alabama, 35 36 and Hancock Whitney Bank. 37 38 BE IT FURTHER RESOLVED that Daniel F. Oakley, Carlee Sims, Gerald “Jerry” Starnes, 39 40 and William W. Gillespie, Jr., are authorized to enter into a new Corporate Authorization 41 42 Resolution with River Bank and Trust, Trustmark National Bank, First Community Bank of 43 44 Central Alabama, and Hancock Whitney Bank. 45 46 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 47 48 49 50 By: Gerald “Jerry” Starnes, President 51 Prattville City Council 52 53 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 54 55 56 57 By: Lisa Byrd 58 Interim City Clerk 59 APPROVED: 1 2 3 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Appoint Eric Morgan to the Montgomery Area Mental Health Authority.] 3 4 {Sponsored By: Councilor Jackson} 5 6 WHEREAS, the City of Prattville participates in the operation of the Montgomery Area 7 8 Mental Health Authority by the appointment of members to the Authority; and 9 10 WHEREAS, a vacancy currently exists on the Montgomery Area Mental Health Authority 11 12 due to the resignation of Ginger Henry; and 13 14 WHEREAS, it is the desire of the City Council of the City of Prattville to fill said vacancy 15 16 to ensure the continuity of the Authority’s operation. 17 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 19 20 Eric Morgan is hereby appointed to fill said vacancy effective immediately, and said term shall 21 22 expire on April 1, 2022, or until his successor is duly qualified and appointed. 23 24 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 25 26 27 28 By: Gerald “Jerry” Starnes, President 29 Prattville City Council 30 31 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 32 33 34 35 By: Lisa Byrd 36 Interim City Clerk 37 38 APPROVED: 39 40 41 42 By: Bill Gillespie, Jr. 43 Mayor 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION BOOK 2021, PAGE 60 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 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, §11-67-1 et Seq., of the Code of Alabama, 1975, as amended, permits 17 18 the City Council of the City of Prattville to declare an abundance of overgrown grass and 19 20 weeds to be a public nuisance; and 21 22 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 23 24 the property at the following address and determined the existence of an abundance of 25 26 overgrown grass and weeds: 27 28 • 1426 A Longview Heights Road – The Morris Family Trust, 1426 Longview Heights 29 Road, Prattville, AL 36067 30 (19 06 23 3 000 007.000) 31 32 NOW, THEREFORE, BE IT RESOLVED THAT: 33 34 1. the City Council of the City of Prattville declares the abundance of overgrown grass and 35 weeds at the above-listed address to be a public nuisance; and 36 2. the owners of said property, as they appear in the records of the Autauga County or 37 Elmore County Revenue Commissioners, are ordered to abate the abundance of 38 overgrown grass and weeds; and 39 3. the owners of said property are ordered to appear before the City Council of the City of 40 Prattville at a public hearing at 6:00 p.m. on September 21, 2021, in Prattville City Hall; 41 and 42 4. the notice as required by §11-67-62, Code of Alabama, 1975, as amended, will be 43 provided in a publication of general circulation in compliance with the law, by certified 44 mail, and by signage on the subject property. 45 46 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 47 48 49 By: Gerald “Jerry” Starnes, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 53 54 55 By: Lisa Byrd 56 Interim City Clerk 57 58 APPROVED: 59 60 61 By: Bill Gillespie, Jr. 62 Mayor 63 RESOLUTION BOOK 2021-A, PAGE 64 RESOLUTION 1 2 [To Authorize the Retirement of Police K-9 Bones from Police Service with the City of 3 Prattville Police Department.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, the City of Prattville Police Department has identified a need to retire K-9 8 9 Bones from police service; and 10 11 WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal 12 13 governing body to dispose of unneeded personal property; and 14 15 WHEREAS, the removal of K-9 Bones from personal property will prove to be beneficial 16 17 to the City of Prattville by eliminating the cost of food, inoculations, and possible additional 18 19 veterinary costs due to his deteriorating health issues. 20 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 22 23 Police K-9 Bones, a Labrador Retriever, is hereby removed from the City’s personal property, 24 25 as well as police service. 26 27 BE IT FURTHER RESOLVED that K-9 Bones is hereby released to his handler, 28 29 Investigator Joseph “Joe” Hicks, of the Prattville Police Department. 30 31 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 32 33 34 35 By: Gerald “Jerry” Starnes, President 36 Prattville City Council 37 38 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 39 40 41 42 By: Lisa Byrd 43 Interim City Clerk 44 45 APPROVED: 46 47 48 49 By: Bill Gillespie, Jr. 50 Mayor 51 52 53 54 55 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Set a Public Hearing for Consideration of the Revocation of Bama Lanes Prattville, LLC 3 d/b/a Blue Iguana Bar’s Business License.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, Section 38-318 of the City of Prattville Code of Ordinances authorizes the 8 9 City Council of the City of Prattville to revoke or suspend a business license when any licensee, 10 11 agent, servant, or employee of a business violates any ordinance of the City or any statute of 12 13 the State; and 14 15 WHEREAS, Section 38-318 of the City of Prattville Code of Ordinances further 16 17 authorizes the City Council to revoke a business license when any licensee, agent, servant, or 18 19 employee under color of such license violates, or aids, or abates in violating, or knowingly 20 21 permits any ordinance of the City or statute of the State to be violated; and 22 23 WHEREAS, Bama Lanes Prattville, LLC d/b/a Blue Iguana Bar has had numerous 24 25 incidents, which include but are not limited to, shootings on July 17, 2021 and August 6, 2021 26 27 that created a nuisance or circumstances that were detrimental to the public health, safety, and 28 29 welfare of patrons of the business, innocent citizens, residential areas, and law enforcement. 30 31 NOW, THEREFORE, BE IT RESOLVED THAT: 32 33 1. the business licensee of Bama Lanes Prattville, LLC d/b/a Blue Iguana Bar is ordered 34 to appear before the City Council of the City of Prattville at a public hearing at 6:00 p.m. 35 on September 7, 2021, in Prattville City Hall; and 36 2. the 10-day notice, as required by Section 38-318 of the City of Prattville Code of 37 Ordinances, will be provided by certified mail to the address listed on the business 38 license. 39 40 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 41 42 43 By: Gerald “Jerry” Starnes, President 44 Prattville City Council 45 46 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 47 48 49 By: Lisa Byrd 50 Interim City Clerk 51 52 APPROVED: 53 54 55 By: Bill Gillespie, Jr. 56 Mayor 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 HELD FROM JUNE 15, 2021 & JULY 20, 2021 1 ORDINANCE 2 3 [To Adopt Proposed Amendments to the City of Prattville Code of Ordinances, Appendix A-4 Zoning, Article 6, Section 67 and Article 7, Section 71.] 5 6 {Sponsored By: Councilor Chambers} 7 8 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as 9 10 follows: 11 12 THAT the Zoning Ordinance of the City of Prattville, Alabama was adopted on 13 14 February 10, 1950, and subsequently amended from time to time; 15 16 THAT, the City Council of the City of Prattville at its Public Hearing on the 20th day of 17 18 July, 2021, at 6:00 p.m., considered said proposed ordinance and that at such time and place 19 20 all persons who desired had an opportunity to be heard in favor of or in opposition to such 21 22 ordinance. 23 24 THAT the City of Prattville Code of Ordinances, Appendix A.-Zoning, Article 6, 25 26 Section 67 and Article 7, Section 71 are hereby amended as follows: 27 APPENDIX A – ZONING 28 ARTICLE 6 – GENERAL PROVISIONS 29 Attachment A 30 The Zoning Ordinance of the City of Prattville is amended to read as follows: 31 Section 67. - Multifamily housing projects Development. 32 In the case of a multifamily housing project consisting of a group of two (2) or more 33 buildings to be constructed on a plot of ground of at least four (4) acres not subdivided 34 into the customary streets and lots and not to be so subdivided or where existing or 35 contemplated street and lot layout make it impracticable to apply the requirements of 36 this ordinance to the individual buildings in such housing projects, the application of such 37 requirements to such housing projects shall be done by the Board of Zoning Adjustment 38 with the advice of the Planning Commission, in a manner that will be in harmony with the 39 character of the neighborhood, will insure substantially the same character of occupancy, 40 a density of land use no higher and a standard of open space at least as high as required 41 by this ordinance in the district in which the proposed project is to be located, and will 42 provide layout design and public utilities in harmony with the general requirements and 43 minimum standards of design of the subdivision regulations of the municipality. 44 In no case shall the Board of Zoning Adjustment authorize a use or a building height or building 45 area prohibited in the district in which the housing project is to be located. 46 A. Multifamily developments with buildings containing five or more dwelling units are 47 subject to the following standards and to administrative site plan review to assure that 48 the layout of buildings, open spaces, circulation, drainage and infrastructure is in 49 harmony with the equivalent standards of the City Subdivision Regulations. 50 B. Definitions. For the purposes of this Section, the following terms are defined as 51 follows: 52 1. Articulation, articulated. Changes in the depth along the building façade such 53 as attached columns, wall recesses, horizontal banding, cornices, etc. to 54 provide depth and variety to the façade. 55 2. Fenestration, fenestrated. The pattern of window and door openings on a façade. 56 3. Low Impact Design. A site planning and engineering design approach to 1 managing stormwater runoff that emphasizes conservation and use of natural 2 features, infiltration, and on-site storage and treatment involving landscape 3 elements integrated into the design of the site. This approach uses engineered 4 small- scale hydrologic controls to replicate predevelopment hydrology through 5 infiltrating filtering, storing, evaporating, and detaining runoff close to its source. 6 4. Open Space, Improved. Open space that has been created or modified, 7 including but not limited to parks, playgrounds, swimming pools, ball fields, 8 plazas, landscaped green-spaces. 9 5. Pervious pavement. Paving materials that allow water to penetrate into the 10 ground below, including concrete paving blocks, concrete grid pavers, perforated 11 brick pavers and similar paving materials. This shall not include compacted gravel. 12 6. Rain garden. A planted depression or hole that allows stormwater runoff from 13 impervious surfaces to be absorbed into the ground. 14 7. Swale. An open, grassed or vegetated channel used to partially treat 15 stormwater, attenuate flooding potential and convey stormwater. 16 C. A Site Development Plan must provide for, at a minimum: 17 1. Convenient vehicular servicing of the buildings, satisfactory circulation of traffic 18 in the parking areas and appropriate access management. 19 2. A preliminary plan or engineering report providing for the site grading, storm 20 drainage, sanitary sewerage and water supply. 21 3. Suitable access points adjoining public streets serving the proposed 22 development, which must be properly illuminated to reduce traffic hazards. 23 4. Waste collection facilities must be provided and must be the responsibility 24 of the property owner or manager. 25 D. Site Development Standards 26 1. The arrangement of buildings, open spaces, parking areas and drives must be 27 suitable to existing topography to avoid extensive grading. 28 2. Barracks formations, in which buildings and parking areas are arranged and 29 concentrated in a dense, rectilinear pattern are discouraged. Where rectilinear 30 arrangements are proposed, courtyards or similar improved open spaces must be 31 integrated into the arrangement of buildings and parking areas. Multifamily buildings 32 may not be surrounded on all sides by parking and driveways. 33 3. Multifamily buildings must be oriented toward streets, interior drives and improved 34 open spaces, not adjacent properties. A multifamily building may be aligned along 35 a parking area provided it is also oriented toward a street, interior drive or improved 36 open-space. 37 (a) Building entrances must face and be clearly visible from streets, interior drives 38 or interior open space. This does not apply to entrances to individual dwelling 39 units. 40 4. Building entrances must be accessible from the street, interior drive or open space 41 they face. Building spacing. Buildings must be spaced no less than the sum of their 42 lengths divided by three ((A+B)/3), as shown in Figure 67-1. In no case may 43 buildings be placed closer together than 20 ft. Required building pacing is 44 measured perpendicularly from the longer of the two building walls at the closest 45 point between the two buildings. 46 47 Figure 67-1: Minimum Building Spacing 1 2 5. Parking and Driveways 3 (a) Off-street parking must be provided in the following amounts: 4 (i) 1.5 spaces per one-bedroom unit 5 (ii) 1 space per bedroom for each unit of two or more bedrooms 6 (iii) One visitor parking space per four units 7 (iv) For age-restricted senior units, 1.25 spaces per one-bedroom unit and 2 8 spaces per unit of two or more bedrooms 9 (b) Minimum parking stall size shall be 9.5’ x 20’. The travel aisle or lane between 10 rows of 90° stalls shall be a minimum of 24’. Single lanes or angled stalls with 11 one-way aisles may be reduced a commensurate amount that will still provide 12 adequate travel and maneuvering area. 13 (c) Visitor parking requirements may be reduced when approved on-street 14 parking is available along the property frontage and by only the amount of 15 approved on-street parking spaces contained within the frontage of the 16 multifamily property. 17 (d) Off-street parking must be located to the side or rear of buildings, and may 18 not extend forward of the front building line. When located to the side of 19 buildings and adjacent to a public street, off-street 20 parking areas may not occupy more than 30% of each perimeter public street 21 frontage. The Director may waive these requirements when off-street parking 22 is located forward of the front building line on adjoining properties on both 23 sides of the multifamily site; however, these requirements may not be waived 24 where the site fronts on a local street or on the same frontage as an adjoining 25 detached single- family dwelling. 26 27 Figure 67-2: Left: Permissible location of off-street parking. Right: Parking between 28 multifamily buildings and public street not permitted unless the same condition is present on 29 adjoining properties on both sides of the multifamily site. 30 1 Figure 67-3: Maximum width of parking area facing public street when located to side 2 of building. 3 (e) Where provided, common or individual garage parking areas must be located 4 away from public street views. 5 (f) If allowed to be kept on the premises by the owner, boats and recreational 6 vehicles may not encroach into required parking and may not be kept forward 7 of the front building line. 8 (g) The number and location of access points to a public street must be as required 9 by the City Building and Fire Codes and subject to review by the City Engineer. 10 (h) Private drives that provide access from a public street to off-street parking areas 11 must comply with the dimensional standards in Table 67-1 below. Where parallel 12 parking is provided, each parking lane must be at least 7.5 ft wide measured 13 from face of curb. Trees, in accordance with the species and size types in 14 Section 149, Table 1, must be provided on both sides of the drive and installed 15 at least three feet from the back of curb. Root barrier and other treatment may 16 be required to prevent damage to utilities and sidewalks. 17 18 TABLE 67-1 DIMENSIONAL STANDARDS FOR PRIVATE DRIVES 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 19 6. Open Space. 20 (a) At least 20% of the site must be permanently reserved as open space. All 21 common open spaces and recreational areas must be well maintained in a safe 22 and orderly condition. If any proposed structure has three residential stories, 23 then at least 25% of the site must be permanently reserved as open space. 24 (b) At least 50% of the required open space must be improved and maintained as 25 open space for the use of residents and guests. Improved open spaces should 26 be consolidated into one or a few central 27 locations to assure accessibility and usability and must be oriented to receive 28 adequate sunlight. 29 (c) Improved open space must be graded and sodded, at a minimum, to 30 accommodate use by residents, and must be adequately drained to prevent 31 ponding. 32 (d) Open space and recreational areas are counted toward the improved open 33 space requirement as follows: 34 (i) Required setback areas do not count unless they otherwise meet the 35 standards of this Subsection. Spaces must be large enough to support 36 leisure and recreational activity; no dimension may be less than 15 ft. 37 (ii) Gazebos, pavilions and similar open structures provided for the use of 38 residents are permitted in improved open spaces. 39 (iii) Covered porches, decks, or patios may be counted toward no more than 25% 40 of the required open space. To qualify, such spaces must be at least 35 sf in 1 area with no dimension less than five feet. Such spaces may not be counted 2 when they are completely inset into the building; they must project at least two 3 feet beyond the wall plane. 4 (e) If one or more of the following amenities, or similar amenities as approved by the 5 Director, are provided, then the minimum overall open space required in (a) above 6 may be reduced by 4% (i.e. from 20% to 16% or 25% to 21%): 7 (i) Tennis, volleyball or basketball court 8 (ii) One or more areas improved for lawn bowling, shuffle board, pickle ball, 9 bocce ball or similar activity with a combined area of at least 1,600 sf 10 (iii) Off-leash area for dogs of at least 1,600 sf, must be enclosed with fence or 11 solid hedge and gate with one or more watering stations and waste 12 receptacles 13 (iv) One or more pavilions, gazebos or similar open structures, each having a 14 covered area of at least 150 sf with a total combined covered area of at least 15 600 sf; each must be furnished with benches or other seating and at least 16 one structure must be furnished suitably for outdoor dining 17 (v) Community garden of at least 1,600 sf 18 (vi) Children’s playground area of at least 1,600 sf outfitted with swings, 19 slides and/or similar play equipment; seating must be provided in or 20 adjacent to the playground 21 The combined area of the proposed amenities must total at least 50% of the 22 improved open space requirement and must be maintained in accordance with 23 the approved site plan. 24 (f) Developments containing 100 or more units must include one or more of the 25 approved amenities listed in (f) above totaling at least 35% of the improved 26 open space requirement. 27 (g) Amenities provided to meet the requirements of (e) or (f) above may be 28 subsequently changed to another amenity type listed provided the total area 29 of such amenities is not reduced below that in the approved site plan. Any 30 subsequent change to an amenity type not listed must be approved by the 31 Director. 32 7. Stormwater Management. Stormwater retention or detention facilities must be 33 integrated, to the greatest extent practicable, into the design of parking areas and 34 open spaces as landscape amenities and should include low impact design 35 techniques such as swales and rain gardens. The use of cisterns to capture 36 stormwater for on-site irrigation is also encouraged. Stormwater management 37 facilities located within an open space may only be counted as improved open 38 space if it is designed so that it need not be fenced and is landscaped and 39 useable by residents. 40 8. Service, Loading and Waste Collection. Each development must be provided 41 with a service area or areas for waste collection. Each such area must be located 42 behind the front building line and away from public views but must be 43 conveniently accessible to vehicles collecting such waste and to residents. The 44 location of such areas must minimize negative visual, noise, odor and other 45 impacts to adjoining streets, on-site dwellings and adjacent developments. Each 46 such area must be paved with concrete and screened by an opaque fence or wall 47 at least as tall as the waster container and as otherwise approved by the Director. 48 The enclosure must have an opaque gate or closure that will be kept closed when 49 not being accessed. 50 9. Fire Protection. 51 (a) No portion of any building may be located farther from a fire hydrant than may 52 be reached with 500 ft of hose. 53 (b) If the adopted fire prevention and protection codes are in conflict, then 54 the more restrictive requirements will prevail. 55 (c) Every multifamily building must be accessible to fire trucks equipment as 56 required and approved by the Fire Department. Provided adequate clearance, 57 such access may be located along an interior drive, within a parking lot or within 58 any open area adjacent to each building. The acceptable distance 59 between buildings and the fire truck access area must be determined by the Fire 1 Department based upon building height and design. 2 E. Pedestrian Access Standards. A pedestrian circulation system meeting the 3 following standards must be provided: 4 1. Walkways must connect the pedestrian circulation system to adjacent public streets. 5 2. If not already provided, a publicly accessible sidewalk at least five feet wide 6 must be provided along all public street frontages. 7 3. Walkways must connect the main entrances of all buildings. For buildings 8 fronting on a public street, a public sidewalk may be counted toward this 9 standard. Walkways must be provided that connect building entrances to 10 parking areas and common areas and facilities. 11 4. Walkways must be provided to connect to any public trails or similar bicycle-12 pedestrian facilities adjoining the site. 13 5. Materials Standards for Pathways. 14 (a) Walkways must be of concrete or masonry pavers and at least five feet wide 15 except that walkways serving no more than four units may be four feet wide. 16 (b) Except as provided in Item c below, walkways must be clearly defined and 17 designed so as to be separated from vehicular use areas through the use 18 of raised curbs, elevation changes, bollards, landscaping, different paving 19 materials or similar methods. Striping alone does not meet this 20 requirement. If a raised path is used it must be at least four inches high. Bollard 21 spacing must be no further apart than five feet on center. 22 (c) A vehicular drive may be counted toward pedestrian access if the drive 23 provides access to 16 or fewer parking spaces and is surfaced with paving 24 blocks, bricks, or other special paving. 25 F. Privacy and Security Standards. 26 1. When a multifamily building is located adjacent to a public street, any stairway must 27 be enclosed within the building or otherwise screened from public street views. For 28 street-facing buildings, upper floor units must be accessed from within the building 29 interior or from an exterior walkway that overlooks an interior courtyard or similar 30 common area. 31 2. Separation must be provided between windows of ground floor dwelling units 32 and adjacent walkways, parking areas and common open spaces, including: 33 (a) A horizontal separation at least ten feet deep including a landscaped bed 34 containing at least one row of evergreen shrubs with a mature height of at 35 least three feet; and/or 36 (b) Vertical separation so that the bottom edge of a ground-floor window is at 37 least five feet above the grade of the adjacent walkway, parking area or 38 open space. 39 Developments are encouraged to raise the ground floor of residential buildings at least 40 30 inches above the adjoining sidewalk or parking area to enhance privacy. Wherever 41 the ground floor is so raised, the minimum horizontal separation in (a) above is 42 reduced to six feet. 43 3. Entrances and porches of individual units must be set back at least seven feet 44 from walkways and at least twelve feet from the curb line of any driveway or 45 parking area. If the entrance or porch level is at least 30 inches above the 46 adjoining grade, the minimum setback from walkways is four feet and the 47 minimum setback from the curb line of driveways and parking areas is nine feet. 48 G. Lighting Standards. Lighting should eliminate adverse impacts of light spillover; 49 provide attractive lighting fixtures and layout patterns that contribute to a unified 50 exterior lighting design; and provide exterior lighting for safe vehicular and 51 pedestrian access to and within a development. 52 1. Pedestrian Lighting. Pedestrian-level, bollard lighting, ground-mounted 53 lighting, or other low, glare- controlled fixtures mounted on building or 54 landscape walls must be used to light walkways. 55 2. Lighting Height. Light poles and lighting structures may not be taller than 20 feet. 56 3. Building-Mounted Lighting. Building-mounted lighting must be limited to accent 1 lighting used to illuminate architectural features and entrances, with a maximum 2 height of 20 ft. 3 4. Illumination Areas. Exterior lighting must be designed to a minimum average level 4 of one-foot candle along all pedestrian areas and driveways and throughout 5 parking areas. Exterior lighting must be maintained in accordance with the 6 approved site plan. 7 5. Spillover Glare. Light fixtures must use full cut-off lenses or hoods to prevent glare 8 and light spillover onto adjacent properties, buildings, and roadways. 9 H. Architectural Standards. 10 1. Four-sided design. All building elevations must reflect consistent design, textures, 11 colors, and features. All walls must be articulated and fenestrated to provide visual 12 interest. 13 2. Building Articulation. All buildings must include the following architectural design 14 features at intervals of no more than 30 ft along all facades facing a street, open 15 space or parking area: 16 (a) Vertical building articulation. Minimum depth and width of articulation is 36 17 inches and four feet, respectively, if corresponding with a change in color or 18 building material and/or roofline. Otherwise, minimum depth and width of 19 articulation is ten feet and 15 ft, respectively. Porches and projecting balconies, 20 including those that are partially recessed, count toward this requirement. 21 (b) Articulation of the “base, middle and top”. This typically includes a distinctive 22 design for the portion of the elevation along the foundation and ground floor, 23 consistent articulation of middle floors, and a distinctive roofline. 24 3. Diversity of Building Types. Multi-building developments must provide different 25 architectural designs to achieve visual interest and variety, particularly where 26 multiple buildings front on the same public street. 27 Changes in building colors or reversal of facade designs are not sufficient to comply 28 with this standard. To meet this requirement, changes must include a combination of 29 at least two of the following: vertical articulation (meeting the requirements of (a) 30 above), fenestration, building materials, and roof design. 31 4. Accessory structures. Accessory structures must reflect the same design and finish 32 as principal buildings. 33 5. Roof Design. 34 (a) Multifamily buildings must have a minimum 5:12 roof pitch. Alternative roof 35 designs will be considered provided design elements are included to help the 36 building and its roofline fit into the site’s context. 37 (b) Pitched-roof buildings must incorporate variations in the roofline. The maximum 38 length of any 39 continuous roofline is 40 ft. The use, alone, of dormers and/or gables is not 40 sufficient to comply with this requirement. 41 42 1 Left: Continuous roofline exceeds 40 ft. Right: Acceptable variation in roof design. 2 (c) Eaves must extend beyond the supporting wall at least 16 i nches. 3 I. Building Details and Materials. 4 1. Changes in material should occur at the horizontal divisions between the base, 5 middle and top and on inside corners. “Heavier” materials, such as masonry, should 6 be used on the base. 7 2. Exterior Finishes. Building facades must incorporate a coordinated color scheme 8 consisting of matte finishes. A “coordinated color scheme” includes a limited 9 number of complementary colors that are used throughout the development; and 10 in the case of developments with multiple buildings, primary façade colors may 11 alternate from building to building provided trim colors, materials and/or other 12 design features visually tie together individual buildings. Neutral or earth tone 13 colors are recommended. Gloss finishes may be used for trim and accent. 14 Fluorescent and metallic paints are prohibited. 15 3. Windows 16 (a) Transparent windows facing the street are required. At least 15% of each 17 street-facing facade must be fenestration. All other facades must have a 18 minimum fenestration area of 10%. 19 (b) Windows must be recessed or project at least two inches from the wall plane 20 or window trim must be used at least four inches in width with color that 21 contrasts with the base building color. Exceptions will 22 be considered where the design includes other distinctive window or facade 23 treatment that adds visual interest to the building. 24 4. Preferred Building Materials. Building exteriors must be constructed from high 25 quality, durable materials as follows: 26 (a) Brick or other masonry. When used for the facade of any building, concrete 27 blocks must be split, rock- or ground-faced and may not exceed 25% of the 28 masonry area of the facade. To add visual interest, the use of specialized 29 textures and/or colors used effectively with other building materials and details 30 are encouraged. Plain concrete block or plain concrete may be used only as 31 foundation material if the foundation material is not revealed more than three 32 feet above finished grade at the foundation wall. 33 (b) Exterior insulation and finish system (EIFS) and similar troweled finishes 34 (stucco) must be trimmed in wood, masonry, or other approved materials and 35 may not be used adjacent to grade. 36 (c) Horizontal wood and cementitious siding. Composite boards manufactured 37 from wood or other products, such as hardboard or plankboard, may only be 38 used when the board product is less than nine inches wide. 39 5. Prohibited Materials. The following materials are prohibited in locations visible 40 from the public right-of-way and adjoining properties: 41 (a) Plywood siding (including T-111 or similar plywood), except when used as a 42 component in board and batten siding 43 (b) Highly tinted or mirrored glass (except stained glass) as more than 10 percent 44 of the building facade 45 (c) Corrugated fiberglass 46 (d) Crushed colored rock/crushed tumbled glass 47 (e) Noncorrugated and highly reflective sheet metal 48 6. Vinyl may be used as a trim material. Vinyl siding is permissible as an accent 1 material comprising no more than 30% of any building façade and only when the 2 board size is less than six inches wide. However, vinyl siding it may not be used 3 adjacent to grade. Vinyl siding cannot be painted, which limits opportunities for 4 changing building colors as part of future renovations. 5 7. Corrugated metal siding is permissible as an accent material comprising no more 6 than 30% of any building façade. 7 8. Chain link fencing must be vinyl coated and may not be used forward of the front 8 building line. 9 J. Landscaping. Screening must be provided to conceal certain site elements, 10 including but not limited to, mechanical equipment, loading and waste collection areas, 11 from public view. In addition to any required parking lot landscaping, buffers and 12 screening, landscaping must include the following: 13 1. Foundation Planting. All street-facing elevations must have landscaping 14 along any exposed foundation. The landscaped area may be along the outer 15 edge of a porch instead of the foundation. This landscaping requirement does 16 not apply to portions of the building facade that provide access to the building. 17 Foundation landscaping must meet the following standards: 18 (a) The landscaped area must be at least three feet wide. 19 (b) There must be at least one three-gallon shrub for every three lineal feet of 20 foundation or the minimum spacing necessary for healthy growth as 21 recommended by a landscape professional. 22 2. Landscaping techniques include the following: 23 (a) Preserve existing trees and native vegetation whenever possible. 24 (b) Use plants that require low amounts of water, including native drought-resistant 25 species. 26 (c) Use low-impact design techniques, including pervious pavement, swales, and 27 rain gardens, to manage stormwater in parking lots. 28 (d) Locate trees along street frontages at appropriate spacing so that, at maturity, 29 ground floor entrances are clearly visible from the street and sidewalk. 30 (e) Plant a mix of evergreen and deciduous plants to maintain year-round color and 31 interest. 32 (f) Install shrubs, grasses and other non-tree vegetation, as appropriate, for 33 ground cover in landscaping beds, open spaces and other unpaved areas. 34 3. An irrigation method must be included in the landscaping plan. Underground 35 irrigation systems should be used whenever possible to avoid drought loss. 36 K. Additional Standards 37 1. Traffic Impact Study and Plan. A traffic impact study and plan, prepared by a 38 traffic engineer, must be furnished together with the Site Plan if required by the 39 City Engineer. The study must be prepared in accordance with generally 40 accepted standards for traffic studies. The traffic study must show, in detail 41 reasonably satisfactory to the City Engineer, the effect that the proposed 42 development will have on the area adjacent to and near the site. The study must 43 make recommendations with respect to what additional traffic controls will be 44 needed adjacent to or near the site as a result of the traffic generated by proposed 45 development. The developer must pay the cost of any such signals and/or devices, 46 if the City Engineer considers them necessary. 47 2. Drainage Study and Plan. For each development, a drainage study and plan must 48 be furnished as part of the Site Plan. Such study must be prepared by a 49 Professional Engineer. The plan must show, in detail, reasonably satisfactory to 50 the City, the effect that the proposed development will have on the site and the 51 land adjacent to and near the site. The plan must include drainage, grading, 52 excavation, topography, erosion and sedimentation, stormwater detention and 53 floodplain management controls. The plan must provide for such structures and 54 devices as may be required by the City’s stormwater rules and regulations. 55 L. Site Plan Requirements. In addition to the site plan requirements in Section 10, the 56 following must be provided as necessary to determine compliance with the applicable 57 standard: 58 1. Dimensions between buildings and calculations, Subsection D, Paragraph 4 1 2. Parking calculations in table form, Subsection D, Paragraph 5 2 3. Open space plan (as separate sheet or as part of landscaping plan), specifying 3 all required improved and other open spaces with overall dimensions, area (sf) for 4 each, proposed use and improvements, including a table with areas and 5 percentages, Subsection D, Paragraph 6 6 4. Location and amount of dedicated storage space, Subsection D, Paragraph 10 7 5. Pedestrian circulation plan, with dimensions, materials in relation to open spaces, 8 buildings and vehicular areas, Subsection E 9 6. Dimensioned plan or illustration of privacy and security measures, including 10 method of horizontal and/or vertical separation, Subsection F 11 7. Lighting plan, prepared by a lighting designer documenting conformance with 12 Subsection G. 13 8. Dimensioned diagrams or illustrations of building and roof articulation for 14 each unique building plan, Subsection H. 15 9. Typical elevations for each unique building plan, including building details, 16 materials and percentages of fenestration and materials used on facades, 17 Subsection I. 18 10.Traffic Impact Study and Plan, if required, Subsection K 19 ARTICLE 7 – DISTRICT REQUIREMENTS 20 21 Section 71. - Residential district requirements. 22 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. 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. 2 Stories MAXIMUM BUILDING AREA PERCENT: 40% 1 Note "A": A carport, porte-cochere, porch or structure or part thereof as defined in Section 68 hereof, shall be 2 considered as part of the main building and shall be subject to the setback and side yard requirements for the 3 district in which it is located. 4 THAT all other items and provisions of the Zoning Ordinance of the City of Prattville 5 6 not herein specifically amended shall remain in full force and effect. 7 8 THIS Ordinance shall become effective upon its passage and execution as provided 9 10 by law. 11 12 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 13 14 15 ______________________________ 16 By: Gerald “Jerry” Starnes, President 17 Prattville City Council 18 19 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 20 21 22 _____________________________ 23 By: Lisa Byrd 24 Interim City Clerk 25 26 APPROVED: 27 28 29 ________________________ 30 By: Bill Gillespie, Jr. 31 Mayor 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE BOOK 2021, PAGE _____ 47 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; and 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 2021, Page 125, 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 August 17, 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 • 133 Sycamore Drive - Roger D. Rodgers, 133 Sycamore Dr, Prattville, AL 36066 47 (19 02 03 3 011 012.000) 48 • 222 Moncrief Street - Sanderson Holdings LLC, 480 Picket Mill Road, Autaugaville, AL 49 36003 50 (19 02 09 3 018 005.000) 51 52 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and 53 54 weeds on the property listed above cut or removed using city forces or private contractors. 55 56 Any property owner shall have the right to have any weeds removed at his or her own 57 58 expense provided the removal is done prior to the commencement of work by employees or 59 60 agents of the City of Prattville. The Mayor shall keep an accounting of all costs related to the 61 62 removal of overgrown grass and weeds and report such cost to the City Council following 63 64 their removal. 1 2 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 3 4 5 ______________________________ 6 By: Gerald “Jerry” Starnes, President 7 Prattville City Council 8 9 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 10 11 12 ______________________________ 13 By: Lisa Byrd 14 Interim City Clerk 15 16 APPROVED: 17 18 19 ______________________________ 20 By: Bill Gillespie, Jr. 21 Mayor 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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-A, PAGE 64 RESOLUTION 1 2 [To Enter into a Cash Management Services Agreement with Trustmark National Bank to 3 Designate Deputy Finance Director, Carlee Sims, as an Authorized Customer Representative 4 (Authority to Initiate Transactions).] 5 6 {Sponsored By: Council President Starnes} 7 8 WHEREAS, Trustmark National Bank is a designated depository of the City of Prattville; 9 10 and 11 12 WHEREAS, the City of Prattville utilizes cash management services offered by 13 14 Trustmark National Bank; and 15 16 WHEREAS, certain cash management services transactions can only be initiated by a 17 18 designated Authorized Customer Representative; and 19 20 WHEREAS, Trustmark National Bank requires that Authorized Customer 21 22 Representatives be designated by agreement; and 23 24 WHEREAS, the City of Prattville wishes to designate Deputy Finance Director, Carlee 25 26 Sims, as an Authorized Customer Representative. 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 29 30 the Mayor is hereby authorized to enter into a Cash Management Services Agreement with 31 32 Trustmark National Bank to designate Deputy Finance Director, Carlee Sims, as an Authorized 33 34 Customer Representative. 35 36 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 37 38 39 40 By: Gerald “Jerry” Starnes, President 41 Prattville City Council 42 43 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 44 45 46 47 By: Lisa Byrd 48 Interim City Clerk 49 50 APPROVED: 51 52 53 54 By: Bill Gillespie, Jr. 55 Mayor 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Adopt a Transportation Plan for Fiscal Year 2022 as Required by Act 2019-2 for the 3 Rebuild Alabama Fund.] 4 5 {Sponsored By: Councilor Jackson} 6 7 WHEREAS, Act 2019-2, also known as the Rebuild Alabama Act, was adopted by the 8 9 Alabama Legislature to levy an additional tax on gasoline and diesel fuel; and 10 11 WHEREAS, the City of Prattville shall receive a portion of said tax; and 12 13 WHEREAS, Act 2019-2 requires that said monies be deposited into a separate fund 14 15 maintained by the municipality and expended for the maintenance, improvement, replacement, 16 17 and construction of roads and bridges, and as mandated by the Act; and 18 19 WHEREAS, Act 2019-2 requires that the City of Prattville adopt an annual 20 21 Transportation Plan no later than August 31 for the next fiscal year to be approved by the 22 23 municipal governing body; and 24 25 WHEREAS, said Transportation Plan shall provide a detailed list of projects for which 26 27 expenditures are intended to be made in the next fiscal year; and 28 29 WHEREAS, the City of Prattville Transportation Plan for Fiscal Year 2022 includes 30 31 resurfacing of the following roads: 32 33 • Chancellor Ridge Road, McQueen Smith Road to Chancellor Ridge Road 34 • Kelse Place, Windermere Avenue to End 35 • Till Court, Fairview Avenue to End 36 • Amelia Drive, Teri Lane to End 37 • Chatam Lane, Bedford Terrace to Richmond Way 38 • Guilford Lane, Graylynn Drive to Richmond Way 39 • Heather Drive, Melvina Place to End 40 41 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 42 43 hereby adopts said Transportation Plan for Fiscal Year 2022 for the resurfacing of said roads. 44 45 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 46 47 48 49 By: Gerald “Jerry” Starnes, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 53 54 55 56 By: Lisa Byrd 57 Interim City Clerk 58 59 60 APPROVED: 1 2 3 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Authorize the Mayor to Sign a One-Year Engagement Letter with Jackson Thornton & 3 Co., P.C. for Auditing Services for Fiscal Year 2021 at a Cost Not to Exceed $100,000.00.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, §11-43-85, Code of Alabama, 1975, as amended, requires the City of 8 9 Prattville to conduct an annual audit of the City’s finances; and 10 11 WHEREAS, Jackson Thornton & Co., P.C. will best serve as auditors to provide the 12 13 City with the necessary expertise; and 14 15 WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to 16 17 secure services with consultants possessing a high degree of professional skill, including 18 19 certified public accountants, to be let without competitive bidding; and 20 21 WHEREAS, the City desires that the City’s Fiscal Year 2021 auditing service be 22 23 awarded to the firm of Jackson Thornton & Co., P.C. 24 25 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 26 27 hereby authorizes the Mayor to sign an engagement letter with Jackson Thornton & Co., P.C. 28 29 for said audit and funds in an amount not to exceed $80,000.00 for an annual financial 30 31 statement audit and $20,000.00 for a single audit, if necessary, are hereby approved and 32 33 appropriated to be paid from FY2022 Budget Line Item Finance / Auditing. 34 35 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 36 37 38 39 By: Gerald “Jerry” Starnes, President 40 Prattville City Council 41 42 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 43 44 45 46 By: Lisa Byrd 47 Interim City Clerk 48 49 APPROVED: 50 51 52 53 By: Bill Gillespie, Jr. 54 Mayor 55 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Designate the Montgomery Advertiser as the Newspaper for the City of Prattville’s Legal 3 Publications.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, §11-45-2, Code of Alabama, 1975, as amended, requires that ordinances 8 9 of a general or permanent nature, be published in some newspaper of general circulation 10 11 published in the municipality; and 12 13 WHEREAS, pursuant to §6-8-60, Code of Alabama, 1975, as amended, permits the City 14 15 of Prattville to designate the newspaper in which required publications may be made; and 16 17 WHEREAS, the City Council of the City of Prattville finds that the Montgomery Advertiser 18 19 is published within the City of Prattville and is a newspaper of general circulation in the City; 20 21 and 22 23 WHEREAS, the City Council of the City of Prattville previously found in Resolution Book 24 25 2021, Page 078 that the Montgomery Advertiser is licensed to operate within the City of 26 27 Prattville; and 28 29 WHEREAS, the City of Prattville’s departments rely on timely and accurate advertising 30 31 of various notices and ordinances as required by law, and said City departments desire to have 32 33 the opportunity to solicit legal advertisements on a more frequent basis than once a week. 34 35 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 36 37 hereby designates the Montgomery Advertiser as the newspaper by which it may publish its 38 39 required legal notices or publications. 40 41 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 42 43 44 45 By: Gerald “Jerry” Starnes, President 46 Prattville City Council 47 48 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 49 50 51 52 By: Lisa Byrd 53 Interim City Clerk 54 55 APPROVED: 56 57 58 59 By: Bill Gillespie, Jr. 60 Mayor 61 62 63 RESOLUTION BOOK 2021-A, PAGE 64 RESOLUTION 1 2 [To Amend the Budget and Authorize the Release of Funds for the Purchase of One (1) 2021 3 Chevrolet Silverado 1500 4WD Crew Cab Truck through State Bid Contract Number T191L, 4 Master Agreement Number MA 999 200000000211, from Donohoo Chevrolet for the Fire 5 Department at a Cost Not to Exceed $31,705.10.] 6 7 {Sponsored By: Council President Pro Tempore Boone} 8 9 WHEREAS, the City of Prattville Fire Department has identified a need for one (1) 10 11 2021 Chevrolet Silverado 1500 4WD Crew Cab truck; and 12 13 WHEREAS, said vehicle is available through the State Bid Contract Number T191L, 14 15 Master Agreement Number MA 999 200000000211, from Donohoo Chevrolet at a cost not to 16 17 exceed $31,705.10. 18 19 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20 21 hereby amends the FY2021 Budget as follows: 22 23 Increase Fire Department / Capital Outlay $31,705.10 24 Increase General Fund / Ambulance Revenue $31,705.10 25 26 BE IT FURTHER RESOLVED by the City Council of the City of Prattville that funds in 27 28 an amount not to exceed $31,705.10 for the purchase of said vehicle are hereby authorized 29 30 and approved to be paid to Donohoo Chevrolet, and said funds are approved and 31 32 appropriated from FY2021 Budget Line Item Fire Department / Capital Outlay. 33 34 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 35 36 37 38 By: Gerald “Jerry” Starnes, President 39 Prattville City Council 40 41 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 42 43 44 45 By: Lisa Byrd 46 Interim City Clerk 47 48 APPROVED: 49 50 51 52 By: Bill Gillespie, Jr. 53 Mayor 54 55 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Authorize the Release of Funds for the Purchase of One (1) Police K-9 and K-9 3 Narcotic Detection/Handler Training from Alabama Canine Law Enforcement Officers 4 Training Center, Inc. for the Police Department at a Cost Not to Exceed $11,500.00.] 5 6 {Sponsored By: Council President Starnes} 7 8 WHEREAS, there is a need to purchase one (1) police K-9 and K-9 Narcotic 9 10 Detection/Handler Training for the City of Prattville Police Department; and 11 12 WHEREAS, said police K-9 and training are available through Alabama Canine Law 13 14 Enforcement Officers Training Center, Inc. at a cost not to exceed $11,500.00; and 15 16 WHEREAS, said police K-9 and training shall be paid for with Federal Drug 17 18 Proceeds. 19 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 21 22 funds in an amount not to exceed $11,500.00 for said police K-9 and training are hereby 23 24 authorized and approved to be paid to Alabama Canine Law Enforcement Officers Training 25 26 Center, Inc., and said funds are hereby approved and appropriated from Federal Drug 27 28 Proceeds. 29 30 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 31 32 33 34 By: Gerald “Jerry” Starnes, President 35 Prattville City Council 36 37 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 38 39 40 41 By: Lisa Byrd 42 Interim City Clerk 43 44 APPROVED: 45 46 47 48 By: Bill Gillespie, Jr. 49 Mayor 50 51 52 53 54 55 56 57 58 RESOLUTION BOOK 2021-A, PAGE 59 ORDINANCE 1 2 [To Amend City of Prattville Code of Ordinances Chapter 10 Animals, Article II. Dogs, Section 3 10-42, Inhumane Treatment of Dogs Prohibited and Section 10-43, Dog Tethering.] 4 5 {Sponsored By: Councilor Strichik} 6 7 WHEREAS, the City of Prattville Code of Ordinances has enacted regulations for the 8 9 treatment and shelter of dogs within the City of Prattville; and 10 11 WHEREAS, the City Council finds there is a need for further development of the Code 12 13 of Ordinances for protection for dogs as it pertains to the treatment and shelter of dogs within 14 15 the City; and 16 17 WHEREAS, said needs include the prohibition of inhumane treatment of dogs, and a 18 19 prohibition on dog chaining or tethering. 20 21 BE IT ORDAINED by the City Council of the City of Prattville that City of Prattville 22 23 Code of Ordinances, is hereby Amended to read as follows: 24 25 Sec. 10-42. – Inhumane treatment of dogs prohibited. 26 It shall be unlawful for the owner or keeper of any dog to keep such dog in any enclosure or on 27 any leash or other restraint unless the restraint shall be so arranged that such dog shall at all 28 times have available water, shade and proper shelter, or to treat any dog in any other inhumane 29 manner. 30 Sec. 10-43 – Dog Tethering. 31 (a) Duty to restrain and contain dogs. 32 (1) It shall be the duty of every owner or person in charge of a dog to keep the animal under 33 effective restraint, while the dog is within the city, whether or not the dog is upon the premises 34 of its owner or away from said premises. It shall be unlawful for the owner or person in charge 35 of any dog to fail to keep the animal under effective restraint. Proof that a dog is not properly 36 restrained off the premises of the owner or person in charge shall be prima facie evidence of a 37 violation. Competent evidence that the failure was due to an unforeseeable and independent 38 act of a third person shall shift the burden on the city to prove otherwise. 39 (2) The methods used to contain a dog while on his premises is within the discretion of the 40 owner provided the conditions do not present a hazard to the dog, a hazard to the general 41 public or otherwise fails to comply with the provisions of this section. Ordinary containment 42 methods include housing the dog inside of a residential structure, or if outside then by the use 43 of a fence and/or pen, provided that the use of such method complies with the requirements 44 herein. 45 (b) Chaining/tethering dogs. 46 (1) Direct point chaining, tethering, and trolley chaining of dogs to any object, stationary or 47 otherwise, is prohibited. 48 (2) Notwithstanding the foregoing, a dog may be tethered while actively participating in or 49 attending an organized show, field trial, agility event, herding contest or other similar exposition 50 or event as long as it is conducted outdoors, is of a limited duration, and involves the judging 51 or evaluation of animals; or, when under the care and supervision of a licensed veterinarian. 52 In all cases, any person who tethers a dog in accordance with this section shall ensure that the 53 animal is tethered in such a manner as to prevent injury, strangulation, entanglement or 54 neglect. 55 (3) No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane 1 tethering at any time. Cruel conditions and inhumane tethering are defined as, but not limited 2 to, the following conditions: 3 (a) Filthy and dirty confinement conditions, including but not limited to exposure to excessive 4 animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill 5 the dog upon contact, or other circumstances that could cause harm to the dog's physical 6 health. 7 (b) Taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or 8 confined dog. 9 (c) Subjecting the dog to dangerous conditions, including but not limited to attack by other 10 animals. 11 (4) Any dog kept habitually outside which is not constrained in accordance with the provisions 12 of this section must be kept inside a residential structure, or in a fenced area or pen which is 13 suitable for the size of the dog as determined by the animal control officer. 14 (c) Minimum care of dogs living outside. 15 (1) Shelter. 16 (a) Any dog that is habitually kept outside or repeatedly left outside unattended by an adult 17 person, whether contained in a pen or contained in a fenced area, shall be provided with a 18 structurally sound, moisture-proof and wind-proof shelter large enough to keep 19 the dog reasonably clean and dry. A shelter which does not protect the dog from temperature 20 extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not 21 comply with this section. 22 (b) A dog's shelter and bedding and other accessible space shall be maintained in a manner 23 which minimizes the risk of the dog contracting disease, being injured or becoming infested 24 with parasites. 25 (c) During the winter months, the shelter must not only be wind and moisture proof but also of 26 a proportionate size to allow the natural body heat of the dog to be retained in cold weather. 27 (d) A shelter for a dog must be a structure having four sides in addition to a roof and floor with 28 one side having an entrance or an Igloo type structure specifically designed for outdoor housing 29 of a dog. The dog must be able to enter, stand, sit, lie down and turn around in the shelter in a 30 normal manner. Metal drums and transport carriers designed to move a dog from one location 31 to another and which do not have solid walls, are not considered shelter. 32 (e) The shelter floor shall be raised at least two inches above the ground and be free of cracks, 33 holes or protruding nails or rough edges that could cause injury. 34 (f) The shelter shall be maintained and cleaned regularly. The area around the shelter shall be 35 kept clean of accumulated feces, garbage and any other debris. 36 (g) The shelter shall be placed in an area that provides protection from the direct rays of the 37 sun, when sunlight is likely to cause overheating or discomfort. 38 (2) Nutrition. 39 (a) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect to 40 provide such dog with clean, fresh potable water adequate for the dog's size, age, and physical 41 condition. This water supply shall be either free flowing or provided in a removable receptacle 42 that is weighted and secured to prevent tipping. 43 (b) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect to 44 provide such dog with wholesome foodstuff suitable for the dog's physical condition and age 45 and in sufficient quantities to maintain an adequate level of nutrition for the dog. 46 (c) Violations. Violations of this section are declared a misdemeanor. Any person who violates 1 any provisions of this section shall be guilty of a misdemeanor and, unless otherwise provided 2 herein, shall, upon conviction or adjudication of guilt, be punished by a fine of not less than 3 $100.00 and in addition thereto may be punished by imprisonment in the metro jail or a 4 combination thereof, for a period not exceeding six months and costs of court. However, the 5 municipal judge shall have the authority and discretion to order community service for violation 6 of this section and in such an event, the fines and court costs may be adjusted or remitted upon 7 the completion of court ordered community service. 8 (d) Removal of animals. In accordance with Code of Alabama, 1975, § 3-1-13 any duly 9 authorized officer or employee of a recognized humane society shall have the right to take 10 charge of any animal which is sick or disable due to neglect or is being cruelly treated or abused 11 and to provide care for such animal until it is deemed to be in suitable condition to be returned 12 to its owner or the person from whose custody such animal was taken. 13 Therefore, in addition to the actions that may be taken under the Violations section of this 14 section, the animal control officer for the City of Prattville shall have the authority to remove 15 any dog which is being held in violation of this section from its owner or person having custody 16 and deliver it to the Elmore or Autauga County Humane Shelter for care and keeping. The 17 owner or custodian shall have ten days after notice of said removal to remedy the violation or 18 violations under this section and retrieve the dog from the humane shelter. The owner or 19 custodian shall be responsible for the cost of care for the period that it remains at the humane 20 shelter and if the dog is not retrieved at the end of ten days then the humane shelter shall 21 proceed according to Code of Alabama, 1975, § 3-1-13 in handling the animal. 22 THIS ordinance shall become effective upon its passage and execution as provided by 23 24 law. Each of the provisions of this ordinance are severable; and if any provision shall be 25 26 declared to be invalid, the remaining provisions shall not be affected but shall remain in full 27 28 force. All ordinances, or parts of ordinances, in any manner conflicting herewith are hereby 29 30 repealed. 31 32 ADOPTED THIS 17TH DAY OF AUGUST, 2021. 33 34 35 ______________________________ 36 By: Gerald “Jerry” Starnes, President 37 Prattville City Council 38 39 AUTHENTICATED THIS 17TH DAY OF AUGUST, 2021. 40 41 42 ______________________________ 43 By: Lisa Byrd 44 Interim City Clerk 45 46 APPROVED: 47 48 49 ______________________________ 50 By: Bill Gillespie, Jr. 51 Mayor 52 53 54 55 56 57 58 59 ORDINANCE BOOK 2021, PAGE ___ 60