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DRAFT Council Packet January 18, 2022 AGENDA PRATTVILLE CITY COUNCIL TUESDAY, JANUARY 18, 2022 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: ROLL CALL: CALL TO ORDER: THE CHARACTER TRAIT OF THE MONTH IS PERSEVERANCE: Giving your best effort regardless of obstacles and rejection. APPROVAL OF MINUTES: Public Hearing and City Council Meeting January 4, 2022 COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: MAYOR’S REPORT: REPORT FROM COUNCIL ON SPECIAL COMMITTEES: REPORT ON THE STATUS OF CITY FINANCES: AGENDA 1. RESOLUTION: To Grant an Amended Restaurant Retail Liquor License for M & S Sports Diner d/b/a Beef ‘O’ Brady’s. (Sponsored By: Council President Starnes) 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. ORDINANCE: To Declare a Temporary Moratorium on Permits and Approvals for Commercial Developments and Signs. (Sponsored By: Council President Starnes) FIRST INTRODUCED 01/04/2022 4. RESOLUTION: To Authorize the Mayor to Enter into a Construction Agreement for a Transportation Alternatives Program Project Between the State of Alabama, Acting By and Through the Alabama Department of Transportation, for Project No. TAPAA-TA22(914) / CPMS Ref # 100074146 for Sidewalk Improvements Along East Main Street from Office Park to Silver Hills Drive at a Cost Not to Exceed $653,408.34 (Net Cost to City Not to Exceed $130,681.67). (Sponsored By: Councilor Jackson) 5. RESOLUTION: To Amend the Budget and Authorize the Release of Funds for the Purchase of One (1) Polaris Ranger Crew 1000 UTV through the Sourcewell Purchasing Cooperative, Contract Number 122220-PSA, from Polaris Sales Inc. for the Fire Department at a Net Cost Not to Exceed $19,861.41. (Sponsored By: Council President Pro Tempore Boone) 6. RESOLUTION: To Award Bid No. 022-001 to Faulk Constructors for Alabama Department of Transportation Project No. TAPAA-TA21(913) Pedestrian Bridge Over Autauga Creek at a Total Cost Not to Exceed $450,000.00 (Net Cost to the City Not to Exceed $90,000.00). (Sponsored By: Councilor Jackson) 7. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast, LLC for the Construction Engineering and Inspection Services in Conjunction with the Construction of Alabama Department of Transportation Project No. TAPAA-TA21(913) Pedestrian Bridge Over Autauga Creek, at a Total Cost Not to Exceed $67,500.00 (Net Cost to the City Not to Exceed $13,500.00). (Sponsored By: Councilor Jackson) 8. RESOLUTION: To Authorize Emergency Spending for Repair of the Eroding Sewage Pipe and Manhole Located in the Pine Creek Basin Near 1291 South Memorial Drive at a Cost Up to $50,000.00. (Sponsored By: Councilor Striplin) COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN: The next City Council meeting is scheduled for Tuesday, February 1, 2022, at 6:00 p.m. RESOLUTION 1 2 [To Grant an Amended Restaurant Retail Liquor License for M & S Sports Diner d/b/a Beef 3 ‘O’ Brady’s.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, M & S Sports Diner d/b/a Beef ‘O’ Brady’s has applied for an amended 8 Restaurant Retail Liquor License for a business located at 2776 Legends Parkway, Prattville, 9 10 Alabama, 36066, which is a restaurant; and 11 12 WHEREAS, a public hearing was set by Resolution Book 2021-A, Page 228, and held 13 14 January 18, 2022, at 6:00 p.m., and that at such time and place all persons who desired had 15 16 an opportunity to be heard in favor of or in opposition to such resolution. 17 18 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 19 20 hereby approves the issuance of an amended Restaurant Retail Liquor License to M & S 21 22 Sports Diner d/b/a Beef ‘O’ Brady’s, for the business located at 2776 Legends Parkway, 23 24 Prattville, Alabama, 36066. 25 26 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 27 28 29 ______________________________ 30 By: Gerald “Jerry” Starnes, President 31 Prattville City Council 32 33 AUTHENTICATED 18TH DAY OF JANUARY, 2022. 34 35 36 ______________________________ 37 By: Paula G. Barlow 38 City Clerk 39 40 APPROVED: 41 42 43 ______________________________ 44 By: Bill Gillespie, Jr. 45 Mayor 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 RESOLUTION BOOK 2022, PAGE ____ 63 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-A, Page 229, 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 Montgomery Advertiser, 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 January 18, 2022, 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 Prattville 41 42 declares that the abundance of overgrown grass and weeds on the properties continue to be 43 44 a public nuisance: 45 46 • 104 New Moon Court- Sauce Leticia Peregrine, 501 Anderson Street, Prattville, AL 47 36067 48 (19 05 16 2 000 108.000) 49 50 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and 51 52 weeds on the property listed above cut or removed using city forces or private contractors. 53 54 Any property owner shall have the right to have any weeds removed at his or her own 55 56 expense provided the removal is done prior to the commencement of work by employees or 57 58 agents of the City of Prattville. The Mayor shall keep an accounting of all costs related to the 59 60 removal of overgrown grass and weeds and report such cost to the City Council following 61 62 their removal. 63 64 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 1 2 3 ______________________________ 4 By: Gerald “Jerry” Starnes, President 5 Prattville City Council 6 7 AUTHENTICATED THIS 18TH DAY OF JANUARY, 2022. 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 61 62 63 RESOLUTION BOOK 2022, PAGE 64 ORDINANCE 1 2 [To Declare a Temporary Moratorium on Permits and Approvals for Commercial 3 Developments and Signs.] 4 5 {Sponsored By: Council President Starnes} 6 7 WHEREAS, the City of Prattville Planning Commission has held a series of meetings 8 9 and work sessions to discuss and formulate a new zoning ordinance in order to better 10 11 implement Project Prattville 2040, the comprehensive plan; and 12 13 WHEREAS, the Planning Commission has scheduled public hearings for the proposed, 14 15 new zoning ordinance on January 6, 2022, and January 20, 2022, and will then be sending 16 17 their recommendation to the City Council; and 18 19 WHEREAS, the City Council desires to halt new review and permitting of new 20 21 commercial/business developments and new signs until the new zoning ordinance is adopted. 22 23 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville, that 24 25 in order to protect the public health, safety, and welfare, it is in the best interest of the City to 26 27 declare a temporary moratorium on the new review, issuance of building permits, or other 28 29 approval for any new commercial or business structures or uses, or new signs, in order for the 30 31 City to complete the zoning ordinance re-write. 32 33 BE IT FURTHER ORDAINED that this moratorium shall be effective upon passage and 34 35 execution and shall continue until the new zoning ordinance is adopted, or through March 31, 36 37 2022, whichever comes sooner, unless terminated or extended by action of the City Council. 38 39 Provided however, this moratorium does not apply to projects that are currently submitted and 40 41 under review or that have a current, active building permit, nor does it apply to repairs or 42 43 renovations of existing structures or sign face replacements. 44 45 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 46 47 48 By: Gerald “Jerry” Starnes, President 49 Prattville City Council 50 51 AUTHENTICATED THIS 18TH DAY OF JANUARY, 2022. 52 53 54 By: Paula G. Barlow 55 City Clerk 56 57 APPROVED: 58 59 60 By: Bill Gillespie, Jr. 61 Mayor 62 63 ORDINANCE BOOK 2022, PAGE 64 RESOLUTION 1 2 [To Authorize the Mayor to Enter into a Construction Agreement for a Transportation 3 Alternatives Program Project Between the State of Alabama, Acting By and Through the 4 Alabama Department of Transportation, for Project No. TAPAA-TA22(914) / CPMS Ref # 5 100074146 for Sidewalk Improvements Along East Main Street from Office Park to Silver 6 Hills Drive at a Cost Not to Exceed $653,408.34 (Net Cost to City Not to Exceed 7 $130,681.67).] 8 9 {Sponsored By: Councilor Jackson} 10 11 WHEREAS, in Resolution Book 2021, Page 079, on May 4, 2021, the City Council 12 13 authorized that an application be submitted to the Alabama Department of Transportation 14 15 (ALDOT) for the FY2022 Transportation Alternatives Program (TAP) for sidewalk 16 17 improvements to East Main Street from Shady Oaks Lane to Silver Hills Drive; and 18 19 WHEREAS, the State and the City desire to enter into a Construction Agreement for a 20 21 Transportation Alternatives Program Project for said sidewalk improvements in Project No. 22 23 TAPAA-TA22(914) / CPMS Ref # 100074146 at a cost not to exceed $653,408.34 (net cost to 24 25 City not to exceed $130,681.67; and 26 27 WHEREAS, this is a budgeted expense in the Capital Projects Fund. 28 29 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 30 31 the City enter into said construction agreement with the State of Alabama, acting by and 32 33 through the Alabama Department of Transportation, relating to said project: 34 35 Sidewalk Improvements along East Main Street from Office Park to Silver Hills Drive 36 Project No. TAPAA-TA22(914) / CPMS Ref # 100074146. 37 38 BE IT FURTHER RESOLVED that said agreement be executed in the name of the City, 39 40 by the Mayor, for and on its behalf and that it be attested by the City Clerk and the official seal 41 42 of the City be affixed thereto. 43 44 BE IT FURTHER RESOLVED that funds in the amount not to exceed $130,681.67 are 45 46 hereby authorized and approved to be paid for said construction project, and said funds 47 48 are hereby approved and appropriated from the FY2022 Budget Line Item Capital Projects 49 50 Fund/ TAP 2022 – Shady Oak/ Scenic Hills Sidewalks. 51 52 BE IT FURTHER RESOLVED that upon completion of the execution of said agreement 53 54 by all parties, that a copy of such agreement be kept on file by the City. 55 56 57 58 59 60 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 1 2 3 4 By: Gerald “Jerry” Starnes, President 5 Prattville City Council 6 7 AUTHENTICATED THIS 18TH DAY OF JANUARY, 2022. 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 RESOLUTION BOOK 2022, PAGE 60 RESOLUTION 1 2 [To Amend the Budget and Authorize the Release of Funds for the Purchase of One (1) 3 Polaris Ranger Crew 1000 UTV through the Sourcewell Purchasing Cooperative, Contract 4 Number 122220-PSA, from Polaris Sales Inc. for the Fire Department at a Net Cost Not to 5 Exceed $19,861.41.] 6 7 {Sponsored By: Council President Pro Tempore Boone} 8 9 WHEREAS, there is a need to purchase one (1) Polaris Ranger Crew 1000 UTV for the 10 11 Fire Department; and 12 13 WHEREAS, said utility vehicle is available through the Sourcewell Purchasing 14 15 Cooperative, Contract Number 122220-PSA, from Polaris Sales Inc. at a net cost not to exceed 16 17 $19,861.41; and 18 19 WHEREAS, funding is available through additional Homeland Security Grant funds. 20 21 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 22 23 hereby amends the FY2022 Budget as follows: 24 25 Increase General Fund/ Grant Revenue $19,861.41 26 Increase Fire Department/ Capital Outlay $19,861.41 27 28 BE IT FURTHER RESOLVED by the City Council of the City of Prattville, that funds in an 29 30 amount not to exceed $19,861.41 for said utility vehicle are hereby authorized and approved to 31 32 be paid to Polaris Sales Inc., and said funds are hereby approved and appropriated from FY2022 33 34 Budget Line Item Fire Department/ Capital Outlay. 35 36 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 37 38 39 ______________________________ 40 By: Gerald “Jerry” Starnes, President 41 Prattville City Council 42 43 AUTHENTICATED 18TH DAY OF JANUARY, 2022. 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 2022, PAGE 64 RESOLUTION 1 2 [To Award Bid No. 022-001 to Faulk Constructors for Alabama Department of Transportation 3 Project No. TAPAA-TA21(913) Pedestrian Bridge Over Autauga Creek at a Total Cost Not to 4 Exceed $450,000.00 (Net Cost to the City Not to Exceed $90,000.00).] 5 6 {Sponsored By: Councilor Jackson} 7 8 WHEREAS, the City of Prattville plans to proceed with Alabama Department of 9 10 Transportation (ALDOT) Project No. TAPAA-TA21(913) Pedestrian Bridge Over Autauga 11 12 Creek, City of Prattville Bid No.:022-001; and 13 14 WHEREAS, the City of Prattville did legally advertise the bid opening date of Tuesday, 15 16 January 11, 2022, in accordance with Alabama State Law, and three (3) sealed bids were 17 18 received, opened and read aloud; and 19 20 WHEREAS, engineers subsequently checked all bids received and have recommended 21 22 that the contract be awarded to the low bidder; and 23 24 WHEREAS, said project is a budgeted expense in the Capital Projects Fund. 25 26 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 27 28 hereby awards Bid No.022-001 in the amount of $450,000.00 (net cost to the City not to exceed 29 30 $90,000.00) to Faulk Constructors for ALDOT Project No. TAPAA-TA21(913) Pedestrian 31 32 Bridge Over Autauga Creek, contingent upon the Alabama Department of Transportation’s 33 34 review and approval for said construction. 35 36 BE IT FURTHER RESOLVED that said funds are approved and appropriated from the 37 38 FY2022 Budget Line Item Capital Projects Fund/ TAP 2020 – Bridge Street Sidewalks. 39 40 BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all 41 42 documents necessary to have this work performed for and on behalf of the City of Prattville. 43 44 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 45 46 ______________________________ 47 By: Gerald “Jerry” Starnes, President 48 Prattville City Council 49 50 AUTHENTICATED THIS 18TH DAY OF JANUARY, 2022. 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 2022, PAGE _____ 64 RESOLUTION 1 2 [To Authorize the Mayor to Enter into an Agreement with Civil Southeast, LLC for the 3 Construction Engineering and Inspection Services in Conjunction with the Construction of 4 Alabama Department of Transportation Project No. TAPAA-TA21(913) Pedestrian Bridge 5 Over Autauga Creek, at a Total Cost Not to Exceed $67,500.00 (Net Cost to the City Not to 6 Exceed $13,500.00).] 7 8 {Sponsored By: Councilor Jackson} 9 10 WHEREAS, the State of Alabama has provided funding for Alabama Department of 11 12 Transportation (ALDOT) Project No. TAPAA-TA21 (913) Pedestrian Bridge Over Autauga 13 14 Creek; and 15 16 WHEREAS, the City of Prattville has a need for construction engineering and inspection 17 18 services in conjunction with said project; and 19 20 WHEREAS, said construction engineering and inspection services are available from 21 22 Civil Southeast, LLC at a cost not to exceed $67,500.00 (net cost to the City not to exceed 23 24 $13,500.00); and 25 26 WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts 27 28 to secure services with engineers possessing a high degree of professional skill to be let 29 30 without competitive bidding; and 31 32 WHEREAS, this is a budgeted expense in the Capital Projects Fund. 33 34 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Prattville, 35 36 that the Mayor is authorized to enter into an Agreement with Civil Southeast, LLC for said 37 38 construction engineering and inspection services. 39 40 BE IT FURTHER RESOLVED that funds in an amount not to exceed $67,500.00 (net 41 42 cost to the City not to exceed $13,500.00) are hereby authorized and approved to be paid to 43 44 Civil Southeast, LLC for said engineering and inspection services, and said funds are hereby 45 46 approved and appropriated from the FY2022 Budget Line Item Capital Projects Fund/ TAP 47 48 2020 – Bridge Street Sidewalks. 49 50 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 51 52 53 ______________________________ 54 By: Gerald “Jerry” Starnes, President 55 Prattville City Council 56 57 AUTHENTICATED THIS 18TH DAY OF JANUARY, 2022. 58 59 60 ______________________________ 61 By: Paula G. Barlow 62 City Clerk 63 64 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 60 61 62 63 RESOLUTION BOOK 2022, PAGE _____ 64 RESOLUTION 1 2 [To Authorize Emergency Spending for Repair of the Eroding Sewage Pipe and Manhole 3 Located in the Pine Creek Basin Near 1291 South Memorial Drive at a Cost Up to 4 $50,000.00.] 5 6 {Sponsored By: Councilor Striplin} 7 8 WHEREAS, heavy rains have caused a sewage pipe and manhole to erode to the point 9 10 of exposure and impending collapse in the Pine Creek Basin near 1291 South Memorial Drive; 11 12 and 13 14 WHEREAS, said impending collapse may cause sewage to spill into the Pine Creek 15 16 Basin causing an emergency affecting the public health and safety of citizens within the City 17 18 of Prattville; and 19 20 WHEREAS, in the opinion of the Public Works Director, such impending collapse and 21 22 exposure constituted an emergency which required immediate action and corrective measures 23 24 to be taken at a cost up to $50,000.00; however, complete repair may result in additional 25 26 expenditures; and 27 28 WHEREAS, §39-2-2 of the State Code of Alabama, 1975, as amended, allows the 29 30 governing body to let emergency contracts without public advertisement to the extent 31 32 necessary to meet the emergency; and 33 34 WHEREAS, repair of said occurrence is necessary and requires approval for the 35 36 emergency expenditure. 37 38 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 39 40 hereby authorizes the Mayor to take all necessary actions to effectuate the repair of said sewage 41 42 pipe and manhole in the Pine Creek Basin near 1291 South Memorial Drive. 43 44 BE IT FURTHER RESOLVED that funds up to $50,000.00 are hereby approved and 45 46 appropriated from FY2022 Budget Line Item Wastewater Enterprise Fund/ Street-Sewer Line. 47 48 ADOPTED THIS 18TH DAY OF JANUARY, 2022. 49 50 51 52 By: Gerald “Jerry” Starnes, President 53 Prattville City Council 54 55 AUTHENTICATED THIS 18TH DAY OF JANUARY, 2022. 56 57 58 59 By: Paula G. Barlow 60 City Clerk 61 62 63 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 2022, PAGE _____ 60