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DRAFT City Council Packet 12.21.2021 AGENDA PRATTVILLE CITY COUNCIL TUESDAY, DECEMBER 21, 2021 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: ROLL CALL: CALL TO ORDER: THE CHARACTER TRAIT OF THE MONTH IS GENEROSITY: Managing my resources so I can freely give to those in need. APPROVAL OF MINUTES: Public Hearing and City Council Meeting December 7, 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 to Grant an Amended Restaurant Retail Liquor License to M & S Sports Diner, Inc. d/b/a Beef ‘O’ Brady’s. (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 Authorize the City of Prattville to Join the State of Alabama and Other Local Governments as Participants in the Endo Settlement. (Sponsored By: Council President Starnes) 4. RESOLUTION: To Surplus Office Equipment from the Fire Department. (Sponsored By: Council President Pro Tempore Boone) AGENDA 1. RESOLUTION: To Authorize the Mayor to have Stagnant Water and Garbage and Rubbish at 1105 Deramus Court, Prattville, AL 36066 Abated Pursuant to Sections 46-6 and 46-4, City of Prattville Code of Ordinances. (Sponsored By: Council President Starnes) 2. RESOLUTION: To Authorize the Mayor to Enter into a Lease Agreement with the Autauga County Family Support Center. (Sponsored By: Council President Starnes) 3. RESOLUTION: To Authorize Civil Southeast LLC to Make Application to the Alabama Department of Transportation (ALDOT) for Roadway Improvements. (Sponsored By: Councilor Jackson) COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN The next City Council meeting is scheduled for Tuesday, January 4, 2022, at 6:00 p.m. RESOLUTION 1 2 [To Set a Public Hearing to Grant an Amended Restaurant Retail Liquor License to M & S 3 Sports Diner, Inc. d/b/a Beef ‘O’ Brady’s.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, pursuant to the City of Prattville Code of Ordinances, Chapter 6, Section 6- 8 9 3(a), a public hearing shall be set to allow for public comment for licenses, including Restaurant 10 11 Retail Liquor licenses; and 12 13 WHEREAS, M & S Sports Diner, Inc. d/b/a Beef ‘O’ Brady’s, located at 2776 Legends 14 15 Parkway, Prattville, Alabama 36066, has made an application to include outdoor alcohol 16 17 services pursuant to the City of Prattville Code of Ordinances, Chapter 6, Section 6-11, 18 19 amending the initial Restaurant Retail Liquor license. 20 21 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 22 23 hereby sets a public hearing for January 18, 2022, at 6:00 p.m. in the Council Chambers at 24 25 City Hall for said amended license application. 26 27 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 28 29 30 31 By: Gerald “Jerry” Starnes, President 32 Prattville City Council 33 34 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 35 36 37 38 By: Paula G. Barlow 39 City Clerk 40 41 APPROVED: 42 43 44 45 By: Bill Gillespie, Jr. 46 Mayor 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION BOOK 2021-A, 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 the 17 18 City Council of the City of Prattville to declare an abundance of overgrown grass and weeds to 19 20 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 • 104 New Moon Court – Sauce Leticia Peregrine, 501 Anderson Street, Prattville, AL 29 36067 (19 05 16 2 000 108.000) 30 31 NOW, THEREFORE, BE IT RESOLVED THAT: 32 33 1. the City Council of the City of Prattville declares the abundance of overgrown grass and 34 weeds at the above-listed address to be a public nuisance; and 35 2. the owners of said property, as they appear in the records of the Autauga County or 36 Elmore County Revenue Commissioners, are ordered to abate the abundance of 37 overgrown grass and weeds; and 38 3. the owners of said property are ordered to appear before the City Council of the City of 39 Prattville at a public hearing at 6:00 p.m. on January 18, 2022, in Prattville City Hall; and 40 4. the notice as required by §11-67-62, Code of Alabama, 1975, as amended, will be 41 provided in a publication of general circulation in compliance with the law, by certified 42 mail, and by signage on the subject property. 43 44 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 45 46 47 By: Gerald “Jerry” Starnes, President 48 Prattville City Council 49 50 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 51 52 53 By: Paula G. Barlow 54 City Clerk 55 56 APPROVED: 57 58 59 By: Bill Gillespie, Jr. 60 Mayor 61 62 63 RESOLUTION BOOK 2021-A, PAGE 64 RESOLUTION 1 2 [To Authorize the City of Prattville to Join the State of Alabama and Other Local Governments 3 as Participants in the Endo Settlement.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, the opioid epidemic continues to impact communities in the United States, 8 9 the State of Alabama, and the City of Prattville, Alabama; and 10 11 WHEREAS, the City of Prattville has suffered harm and will continue to suffer harm as 12 13 a result of the opioid epidemic; and 14 15 WHEREAS, the State of Alabama and some Alabama local governments have filed 16 17 lawsuits against opioid manufacturers, distributors and retailers (“Opioid Litigation”); and 18 19 WHEREAS, the State of Alabama has entered into a Settlement Agreement with Endo 20 21 Health Solutions, Inc. and Endo Pharmaceuticals, Inc. (“Endo”), which includes the claims for 22 23 the State of Alabama’s local governments, and the City of Prattville finds the terms of the 24 25 Settlement Agreement acceptable and in the best interest of the community; and 26 27 WHEREAS, the State of Alabama has proposed an Endo Settlement Sign-On 28 29 Agreement to the local governments and the City of Prattville finds the terms of the Sign-On 30 31 Agreement acceptable and in the best interest of the community; and 32 33 WHEREAS, the Settlement Agreement and Sign-On Agreement detail the allocation of 34 35 Settlement Funds, which the City of Prattville finds acceptable and in the best interest of the 36 37 community. 38 39 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, 40 41 Section 1. That the City of Prattville finds that participation in the Endo Settlement, Settlement 42 Agreement and Sign-On Agreement is in the best interest of the City of Prattville and its citizens 43 because such a plan would ensure an effective structure for the commitment of Settlement 44 Funds to abate and seek to resolve the opioid epidemic; and 45 46 Section 2. That the City of Prattville hereby expresses its support for the Endo Settlement and 47 allocation and use of Settlement Funds as generally described in the Settlement Agreement 48 and Sign-On Agreement; and 49 50 Section 3. That the City of Prattville’s Mayor (“City Mayor”) is hereby expressly authorized to 51 execute the Endo Settlement Sign-On Agreement and the City Mayor is hereby authorized to 52 execute any formal agreements necessary to implement the Endo Settlement and plan for the 53 allocation and use of Settlement Funds; and 54 55 Section 4. That the City Mayor is hereby expressly authorized to execute any formal 56 agreement and related documents evidencing the City of Prattville’s agreement to the 57 settlement of claims [and litigation] specifically related to Endo; and 58 59 Section 5. That the City Mayor is authorized to take such other action as necessary and 60 appropriate to effectuate the City of Prattville’s participation in the Endo Settlement; and 61 62 Section 6. This Resolution is effective upon adoption, the welfare of the City of Prattville, 63 Alabama requiring it. 64 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 1 2 3 4 By: Gerald “Jerry” Starnes, President 5 Prattville City Council 6 7 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 8 9 10 11 By: Paula G. Barlow 12 City Clerk 13 14 APPROVED: 15 16 17 18 By: Bill Gillespie, Jr. 19 Mayor 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 60 RESOLUTION BOOK 2021-A, PAGE 61 RESOLUTION 1 2 [To Surplus Office Equipment from the Fire Department.] 3 4 {Sponsored By: Council President Pro Tempore Boone} 5 6 WHEREAS, the City of Prattville, Alabama, has certain items of personal property which 7 8 are no longer needed for public or municipal purposes; and 9 10 WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal 11 12 governing body to dispose of unneeded personal property. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 15 16 the following personal property owned by the City of Prattville, Alabama, is no longer needed 17 18 for public or municipal purposes, and said property shall be removed from the inventory of the 19 20 Fire Department: 21 22 1. Brother Printer Model MFCL2740DW Serial Number U63889J7N617548 23 24 2. Konica Minolta Printer Model BizHub C35 Serial Number A121011020522 25 26 BE IT FURTHER RESOLVED that the City Council instructs the Mayor to sell said office 27 28 equipment through GovDeals.com and that proceeds for said office equipment be deposited 29 30 into the General Fund. If said surplus items are determined to be of no value, the Mayor has 31 32 the authority to scrap or dispose of said office equipment for and on behalf of the City of 33 34 Prattville. 35 36 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 37 38 39 ______________________________ 40 By: Gerald “Jerry” Starnes, President 41 Prattville City Council 42 43 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 44 45 46 ______________________________ 47 By: Paula G. Barlow 48 City Clerk 49 50 APPROVED: 51 52 53 ______________________________ 54 By: Bill Gillespie, Jr. 55 Mayor 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2021-A, PAGE 64 RESOLUTION 1 2 [To Authorize the Mayor to have Stagnant Water and Garbage and Rubbish at 1105 3 Deramus Court, Prattville, AL 36066 Abated Pursuant to Sections 46-6 and 46-4, City of 4 Prattville Code of Ordinances.] 5 6 {Sponsored By: Council President Starnes} 7 8 WHEREAS, stagnant water and keeping garbage and rubbish is a public nuisance that 9 10 is injurious to the public health, safety and general welfare of the community pursuant to 11 12 Sections 46-6 and 46-4, City of Prattville Code of Ordinances; and 13 14 WHEREAS, § 6-5-122 et Seq., of the Code of Alabama, 1975, as amended, permits 15 16 the City Council of the City of Prattville to declare a public nuisance and abate the same; and 17 18 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19 20 the property and determined the existence of stagnant water and garbage and rubbish at 1105 21 22 Deramus Court, Prattville, AL 36066; and 23 24 WHEREAS, the Autauga County tax records list the property owner as Taylor Danny C 25 26 and Kathy L, with an address of 1105 Deramus Court, Prattville, AL 36066 to parcel number 27 28 19 05 15 2 013 027.000; and 29 30 WHEREAS, in compliance with Section 46-31 of the City of Prattville Code of 31 32 Ordinances, the Prattville Police Department Code Enforcement Officer sent notice to the 33 34 owner of the above property in writing on May 21, 2021, to correct, remedy or remove the 35 36 condition of stagnant water and garbage and rubbish within 10 days; and 37 38 WHEREAS, the owner of 1105 Deramus Court, Prattville, AL 36066 has failed and/or 39 40 refused to correct, remedy or remove the condition of stagnant water and garbage and rubbish 41 42 after the expiration of said notice; and 43 44 WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 45 46 City to do such work or make such improvements that are necessary to correct, remedy or 47 48 remove such condition, pay therefore and charge the expenses incurred to the owner of such 49 50 lot. 51 52 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 53 54 declares that the stagnant water and garbage and rubbish at 1105 Deramus Court, Prattville, 55 56 AL 36066 continues to be a nuisance. 57 58 BE IT FURTHER RESOLVED the Mayor shall have the stagnant water and garbage 59 60 and rubbish at 1105 Deramus Court Prattville, AL 36066 removed using City forces or private 61 62 contractors. The property owner shall have the right to remove the stagnant water and garbage 63 64 and rubbish at his or her own expense provided the removal is done prior to the 1 2 commencement of work by employees or agents of the City of Prattville. The Mayor shall keep 3 4 an accounting of all costs related to this request and report such cost to the City Council 5 6 following its removal. 7 8 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 9 10 11 ______________________________ 12 By: Gerald “Jerry” Starnes, President 13 Prattville City Council 14 15 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 16 17 18 ______________________________ 19 By: Paula G. Barlow 20 City Clerk 21 22 APPROVED: 23 24 25 ______________________________ 26 By: Bill Gillespie, Jr. 27 Mayor 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 Authorize the Mayor to Enter into a Lease Agreement with the Autauga County Family 3 Support Center.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, the City of Prattville entered into a lease agreement with the Autauga 8 9 County Family Support Center for use of the City building located at 113 West Main Street; and 10 11 WHEREAS, said lease is due to expire on December 31, 2021; and 12 13 WHEREAS, the City of Prattville desires to enter into a new lease agreement with the 14 15 Autauga County Family Support Center; and 16 17 WHEREAS, the cost of said new lease shall be in the amount of $1.00 per year. 18 19 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20 21 authorizes the Mayor to enter into a lease agreement with the Autauga County Family Support 22 23 Center and said agreement will be for a period of three (3) years beginning on January 1, 2022, 24 25 and expiring on December 31, 2025. 26 27 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 28 29 30 31 By: Gerald “Jerry” Starnes, President 32 Prattville City Council 33 34 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 35 36 37 38 By: Paula G. Barlow 39 City Clerk 40 41 APPROVED: 42 43 44 45 By: Bill Gillespie, Jr. 46 Mayor 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION BOOK 2021-A, PAGE 60 RESOLUTION 1 2 [To Authorize Civil Southeast LLC to Make Application to the Alabama Department of 3 Transportation (ALDOT) for Roadway Improvements.] 4 5 {Sponsored By: Councilor Jackson} 6 7 WHEREAS, the City of Prattville, Alabama, is interested in applying under Alabama 8 9 Department of Transportation’s (ALDOT) Rebuild Alabama Act (RAA) Annual Grant Program 10 11 for roadway improvements along various roadways; and 12 13 WHEREAS, Civil Southeast LLC has the staff and expertise to prepare said application 14 15 for the City of Prattville. 16 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 18 19 an application be submitted to ALDOT and that the Council commits to all matching funds and 20 21 engineering cost and authorizes the Mayor to execute all documents required by the 22 23 application. 24 25 ADOPTED THIS 21ST DAY OF DECEMBER, 2021. 26 27 28 ______________________________ 29 By: Gerald “Jerry” Starnes, President 30 Prattville City Council 31 32 AUTHENTICATED THIS 21ST DAY OF DECEMBER, 2021. 33 34 35 ______________________________ 36 By: Paula G. Barlow 37 City Clerk 38 39 APPROVED: 40 41 42 ______________________________ 43 By: Bill Gillespie, Jr. 44 Mayor 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