DRAFT Council Packet 2022.02.01
AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, FEBRUARY 1, 2022
6:00 P.M.
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
ROLL CALL:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS PATIENCE: Taking the time necessary to work
through a difficult situation.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting January 18, 2022
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
AGENDA
1. RESOLUTION: To Amend the FY2022 Budget and Release Funds for the Purchase of Four
(4) Power X1 Stretchers through the NPP Cooperative Purchasing Agreement, Contract No.
PS20170, from Ferno for the Fire Department at a Net Cost Not to Exceed $67,903.52.
(Sponsored By: Council President Pro Tempore Boone)
2. RESOLUTION: To Set a Public Hearing to Adopt a New Zoning Ordinance. (Sponsored
By: Councilor Chambers)
3. RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the City Limits
in the Downtown Area into the Downtown Overlay District. (Sponsored By: Councilor
Chambers)
4. ORDINANCE: To Amend and Establish Fees for Development Applications and Permits,
Board of Zoning Adjustment, Planning Commission and Historic Preservation Commission
Submissions. (Sponsored By: Council President Starnes)
5. ORDINANCE: To Establish a Temporary Moratorium on the Issuance of Short-Term Rental
Business Licenses. (Sponsored By: Council President Starnes)
6. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with PaleoWest to
Update the Historic Design Review Guidelines at a Total Cost Not to Exceed $20,000.00 (Net
Cost to City Not to Exceed $8,000.00). (Sponsored By: Councilor Striplin)
7. RESOLUTION: To Set a Public Hearing to Vacate a Portion of the Unimproved Yarbrough
Right-Of-Way. (Sponsored By: Councilor Jackson)
8. RESOLUTION: To Amend the FY2022 Budget and Award Bid No. 022-003 to David Bulger,
Inc. for the Pine Creek Interceptor Sewer Repair – South Memorial Drive at a Net Cost Not to
Exceed $405,196.45. (Sponsored By: Councilor Striplin)
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, February 15, 2022, at 6:00 p.m.
RESOLUTION 1
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[To Amend the FY2022 Budget and Release Funds for the Purchase of Four (4) Power X1 3
Stretchers through the NPP Cooperative Purchasing Agreement, Contract No. PS20170, 4
from Ferno for the Fire Department at a Net Cost Not to Exceed $67,903.52.] 5
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{Sponsored By: Council President Pro Tempore Boone} 7
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WHEREAS, there is a need to purchase four (4) Power X1 Stretchers for the Fire 9
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Department; and 11
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WHEREAS, said stretchers are available through the NPP Cooperative Purchasing 13
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Agreement, Contract No. PS20170, from Ferno at a net cost not to exceed $67,903.52; and 15
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WHEREAS, said payments are permitted and encouraged to be paid with funds from 17
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the American Rescue Plan Act through the Coronavirus State and Local Fiscal Recovery 19
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Funds. 21
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 23
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the FY2022 Budget is hereby amended as follows: 25
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Increase General Fund/ Grant Revenue - COVID-19 $67,903.52 27
Increase Fire Department/ Capital Outlay $67,903.52 28
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BE IT FURTHER RESOLVED by the City Council of the City of Prattville, that funds in an 30
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amount not to exceed $67,903.52 for said stretchers are hereby authorized and approved to be 32
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paid to Ferno, and said funds are hereby approved and appropriated from FY2022 Budget Line 34
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Item Fire Department/ Capital Outlay. 36
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 38
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______________________________ 41
By: Gerald “Jerry” Starnes, President 42
Prattville City Council 43
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AUTHENTICATED 1ST DAY OF FEBRUARY, 2022. 45
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______________________________ 48
By: Paula G. Barlow 49
City Clerk 50
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APPROVED: 52
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______________________________ 55
By: Bill Gillespie, Jr. 56
Mayor 57
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RESOLUTION BOOK 2022, PAGE _____ 64
RESOLUTION 1
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[To Set a Public Hearing to Adopt a New Zoning Ordinance.] 3
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{Sponsored By: Councilor Chambers} 5
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WHEREAS, Project Prattville 2040, the updated comprehensive plan, was adopted by 7
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the Prattville Planning Commission on April 15, 2021, and accepted and endorsed by the City 9
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Council of the City of Prattville on July 6, 2021; and 11
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WHEREAS, the Prattville Planning Commission has since held a series of meetings and 13
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work sessions to discuss and formulate a new zoning ordinance in order to better implement 15
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the comprehensive plan; and 17
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WHEREAS, public hearings on the proposed zoning ordinance were held by the 19
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Prattville Planning Commission on January 6, 2022, and January 20, 2022; and 21
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WHEREAS, the Prattville Planning Commission did recommend the adoption of the 23
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proposed zoning ordinance. 25
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 27
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a public hearing is set for March 15, 2022, at 6:00 p.m. in the Council Chambers at City Hall. 29
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STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 31
THE NEXT PAGE 32
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PROPOSED ORDINANCE 51
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Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53
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is hereby given by the City Council of the City of Prattville, Alabama, that at the regular meeting 55
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of said City Council on the 1st day of February, 2022, at Prattville City Hall, 101 West Main 57
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Street, Prattville, Alabama, the following proposed ordinance was introduced. 59
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____________________________ 62
Paula Barlow 63
City Clerk 64
ORDINANCE 1
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[To Adopt a New Zoning Ordinance] 3
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{Sponsored By: Councilor Chambers} 5
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 7
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THAT the current zoning ordinance of the City of Prattville, Alabama, was adopted on 9
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February 10, 1950, and subsequently amended from time to time; and 11
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THAT the current zoning ordinance, as found in the Code of Ordinances, City of 13
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Prattville, Alabama, Part II – Land Development Ordinances, Appendix A – Zoning, is hereby 15
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rescinded; and 17
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THAT the Zoning Ordinance of Prattville, Alabama, as described in Attachment “A” is 19
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hereby adopted in its place; and 21
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THAT notice was advertised for three (3) weeks in the Montgomery Advertiser, a 23
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newspaper of general circulation within the City Limits of the City of Prattville; in addition, the 25
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same notice was published one time in the regular section of the newspaper in the form of a 27
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one-quarter page advertisement, and that the City Council of the City of Prattville, at its public 29
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hearing on March 15, 2022, at 6:00 p.m., considered said proposed ordinance and that at such 31
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time and place all persons who desired had an opportunity to be heard in favor of or in 33
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opposition to such ordinance. 35
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THE zoning map adopted on May 1, 1987, subsequently amended from time to time, 37
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shall remain in full force and effect. 39
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THE zoning ordinance described in Attachment “A” was considered and recommended 41
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by the City of Prattville Planning Commission on January 20, 2022. 43
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BE IT FURTHER ORDAINED that structures and buildings that have a current, active 45
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building permit, and projects under active review may continue under the provisions that were 47
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in place when submitted; and 49
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THAT until March 15, 2027, the following residential developments may continue to 51
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follow and be permitted and approved under the previous zoning requirements: single family 53
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residential lots in subdivisions that have a final plat recording date between March 15, 2018, 55
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and March 15, 2022; single family residential subdivisions that have an active, approved 57
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preliminary plat; single family residential subdivisions that are being developed and platted 59
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according to a sketch plan approved between March 15, 2018, and March 15, 2022. 61
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THAT regulations concerning temporary signs shall continue as were allowed under the 63
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previous zoning ordinance until December 31, 2022, and after such time temporary signs must 1
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comply with the zoning ordinance as adopted. 3
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THIS ordinance shall become effective upon its passage and execution as provided 5
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by law. 7
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 9
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________________________ 12
By: Gerald “Jerry” Starnes, President 13
Prattville City Council 14
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AUTHENTICATED THIS 1ST DAY OF FEBRUARY, 2022. 16
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________________________ 19
By: Paula G. Barlow 20
City Clerk 21
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APPROVED: 23
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________________________ 26
By: Bill Gillespie, Jr. 27
Mayor 28
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RESOLUTION BOOK 2022, PAGE 64
RESOLUTION 1
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[To Set a Public Hearing to Rezone Property Located Inside the City Limits in the Downtown 3
Area into the Downtown Overlay District.] 4
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{Sponsored By: Councilor Chambers} 6
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WHEREAS, the Prattville Planning Commission has held a series of meetings and work 8
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sessions to discuss and formulate a new zoning ordinance in order to better implement Project 10
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Prattville 2040, the new comprehensive plan; and 12
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WHEREAS, a new Downtown Overlay District, as shown in Attachment “A,” is a 14
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proposed addition to the Zoning Ordinance and the Zoning Map; and 16
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WHEREAS, a public hearing on the Downtown Overlay District was held by the Prattville 18
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Planning Commission on January 20, 2022; and 20
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WHEREAS, the Prattville Planning Commission did recommend the adoption of the 22
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Downtown Overlay District as shown in Attachment “A.” 24
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 26
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a public hearing is set for March 15, 2022, at 6:00 p.m. in the Council Chambers at City Hall. 28
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STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 30
THE NEXT PAGE 31
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PROPOSED ORDINANCE 51
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Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53
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is hereby given by the City Council of the City of Prattville, Alabama, that at the regular 55
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meeting of said City Council on the 1st day of February, 2022, at Prattville City Hall, 101 57
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West Main Street, Prattville, Alabama, the following proposed ordinance was introduced. 59
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____________________________ 62
Paula Barlow 63
City Clerk 64
ORDINANCE 1
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[To Rezone Property Located Inside the City Limits in the Downtown Area into the Downtown 3
Overlay District.] 4
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{Sponsored By: Councilor Chambers} 6
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 8
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THAT the zoning map adopted on May 1, 1987, is hereby amended to reclassify the 10
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properties shown in Attachment “A” as being part of the Downtown Overlay District; and 12
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THAT the underlying zoning of the properties shall remain the same; and 14
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THAT notice was advertised for three (3) weeks in the Montgomery Advertiser, a 16
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newspaper of general circulation within the City Limits of the City of Prattville; in addition, the 18
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same notice was published one time in the regular section of the newspaper in the form of a 20
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one-quarter page advertisement, and that the City Council of the City of Prattville, at its public 22
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hearing on March 15, 2022, at 6:00 p.m., considered said proposed ordinance and that at such 24
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time and place all persons who desired had an opportunity to be heard in favor of or in 26
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opposition to such ordinance. 28
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ALL other items and provisions of the zoning ordinance of the City of Prattville not herein 30
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specifically amended shall remain in full force and effect. 32
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THE amendment herein contained was considered and recommended by the City of 34
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Prattville Planning Commission on January 20, 2022. 36
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THIS ordinance shall become effective upon its passage and execution as provided 38
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by law. 40
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 42
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________________________ 45
By: Gerald “Jerry” Starnes, President 46
Prattville City Council 47
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AUTHENTICATED THIS 1ST DAY OF FEBRUARY, 2022. 49
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________________________ 52
By: Paula G. Barlow 53
City Clerk 54
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APPROVED: 56
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________________________ 59
By: Bill Gillespie, Jr. 60
Mayor 61
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RESOLUTION BOOK 2022, PAGE 64
ORDINANCE 1
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[To Amend and Establish Fees for Development Applications and Permits, Board of Zoning 3
Adjustment, Planning Commission and Historic Preservation Commission Submissions.] 4
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{Sponsored By: Council President Starnes} 6
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, that the Code 8
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of Ordinances, City of Prattville, Alabama, Chapter 101 – General and Administrative 10
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Provisions, Article I, Section 101-3 – Development Fees, is hereby amended as shown in 12
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Attachment “A.” 14
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THIS ordinance shall become effective upon its passage and execution as provided by 16
law. 17
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 19
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By: Gerald “Jerry” Starnes, President 23
Prattville City Council 24
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AUTHENTICATED THIS 1ST DAY OF FEBRUARY, 2022. 26
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By: Paula G. Barlow 30
City Clerk 31
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APPROVED: 33
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By: Bill Gillespie, Jr. 37
Mayor 38
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ORDINANCE BOOK 2022, PAGE 64
ORDINANCE 1
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[To Establish a Temporary Moratorium on the Issuance of Short-Term Rental Business 3
Licenses.] 4
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{Sponsored By: Council President Starnes} 6
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WHEREAS, the City of Prattville is a historic community that attracts thousands of 8
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visitors each year; and 10
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WHEREAS, tourism is an important part of the local economy, including short-term 12
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rentals at hotels, and increasingly, in residential neighborhoods; and 14
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WHEREAS, in recent years, the density and frequency of rentals of less than 30 days, 16
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or short-term rentals, in residential neighborhoods has increased, due in large part to the 18
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web-based marketing tools such as Airbnb, Vacation Rental by Owner, and the like; and 20
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WHEREAS, the increase in transient occupancy has had an adverse impact on 22
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residential neighborhoods subsequently generating excess noise, traffic and trash; and 24
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WHEREAS, the City of Prattville Police Department has reported that calls to short- 26
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term rentals in residential neighborhoods have increased and similar detrimental effects have 28
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been documented in numerous studies in cities around Alabama and the United States; and 30
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WHEREAS the City of Prattville is in the process of studying the issue in order to 32
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make recommendations to the Council on the best approach for the City, including 34
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conducting work session(s), other studies, and proposing an ordinance regarding the 36
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regulation of short-term rentals. 38
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville, 40
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that in order to protect the public health, safety and welfare, it is in the best interest of the 42
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City to declare a temporary moratorium on issuing business licenses on short-term rentals. 44
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BE IT FURTHER ORDAINED by the City Council of the City of Prattville, that: 46
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1. Beginning with the effective date of this Ordinance, no new short-term rental licenses 48
shall be approved or issued for a period of six months from the date of this ordinance, 49
except as provided below: 50
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a. annual renewals of existing short-term rental licenses shall be permitted as allowed by 52
Chapter 38, Article V-Business Licenses and Taxes of the City of Prattville Code of 53
Ordinances; and 54
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b. new business licenses for short-term rentals shall be issued only to operators who 56
submit to the Finance Department clear and convincing evidence that as of the effective 57
date of this ordinance: 58
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1) the operator had made a substantial investment in expectation of operating a short- 60
term rental at the residential dwelling for which the license is sought; and 1
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2) operations related to short-term rentals will not be in violation of any other laws 3
governing the use of the property. 4
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c. no new licenses shall be issued pursuant to the exceptions listed above unless the 6
applicant: 7
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1) pays any fines and/or taxes owed for any operation of a short-term rental license; 9
and 10
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2) certifies that the operation of a short-term rental in the residential dwelling will not 12
be in violation of law or other valid restrictions governing the use of the property and 13
that any Home Owners Association (HOA) to which the property belongs has been 14
notified of the application for a short-term rental permit, a copy of which notification 15
shall be included with the application. 16
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d. the Finance Director shall evaluate the evidence submitted by an applicant, and may 18
ask for additional information deemed appropriate and shall make a final decision as to 19
the issuance of the license. 20
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2. Requests for appeal may be made to the City Council. 22
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THIS ordinance shall become effective on March 1, 2022, upon its passage and execution 24
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as provided by law. Each of the provisions of this ordinance are severable; if any provision 26
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shall be declared to be invalid, the remaining provisions shall not be affected but shall remain 28
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in full force. All ordinances, or parts of ordinances, in any manner conflicting herewith are 30
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hereby repealed. 32
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 34
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By: Gerald “Jerry” Starnes, President 38
Prattville City Council 39
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AUTHENTICATED THIS 1ST DAY OF FEBRUARY, 2022. 41
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By: Paula G. Barlow 45
City Clerk 46
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APPROVED: 48
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By: Bill Gillespie, Jr. 52
Mayor 53
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ORDINANCE BOOK 2022, PAGE ____ 60
RESOLUTION 1
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[To Authorize the Mayor to Enter into an Agreement with PaleoWest to Update the Historic 3
Design Review Guidelines at a Total Cost Not to Exceed $20,000.00 (Net Cost to City Not to 4
Exceed $8,000.00).] 5
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{Sponsored by: Councilor Striplin} 7
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WHEREAS, the City of Prattville’s Historic Preservation Commission has a need for 9
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consulting services to update the Historic Design Review Guidelines; and 11
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WHEREAS, the City has been awarded a Certified Local Government grant with a 60/ 13
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40 match to fund this project at a total amount of $20,000.00 (net cost to the City not to 15
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exceed $8,000.00); and 17
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WHEREAS, this is a budgeted expense for the Planning & Development Department. 19
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, 21
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that the Mayor is authorized to enter into an Agreement with PaleoWest for said consulting 23
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services. 25
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BE IT FURTHER RESOLVED that funds in a total amount not to exceed $20,000.00 27
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(net cost to the City not to exceed $8,000.00) are hereby authorized and approved to be paid 29
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to PaleoWest for said consulting services, and said funds are hereby approved and 31
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appropriated from the FY2022 Budget Line Item Planning Department/ Board and 33
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Commissions. 35
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 37
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______________________________ 40
By: Gerald “Jerry” Starnes, President 41
Prattville City Council 42
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AUTHENTICATED 1ST DAY OF FEBRUARY, 2022. 44
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______________________________ 47
By: Paula G. Barlow 48
City Clerk 49
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APPROVED: 51
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______________________________ 54
By: Bill Gillespie, Jr. 55
Mayor 56
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RESOLUTION BOOK 2022, PAGE ____ 62
RESOLUTION 1
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[To Set a Public Hearing to Vacate a Portion of the Unimproved Yarbrough Right-Of-Way.] 3
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{Sponsored By: Councilor Jackson} 5
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WHEREAS, the owners of certain property located at 541 Old Farm Lane North, 7
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Prattville, Alabama, filed a petition requesting the City of Prattville vacate a portion of the 9
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unimproved Right-of-Way, known as the “Yarbrough ROW”, and 11
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WHEREAS, said unimproved Right-of-Way was created by that Right-of-Way Deed for 13
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Public Road dated September 12, 1957, and recorded in the Office of the Judge of Probate of 15
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Autauga County, Alabama in Book 109, at Page 409; and 17
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WHEREAS, the property requested to be vacated is located inside the city limits of the 19
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City of Prattville; and 21
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WHEREAS; §23-4-20, Code of Alabama, 1975, as amended, requires the governing 23
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body to set a public hearing within 100 days of receipt of such petition. 25
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 27
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a public hearing to consider the vacation of certain property designated as the Yarbrough ROW 29
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is set for March 15, 2022, at 6:00 p.m. in the Council Chambers at City Hall. 31
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 33
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________________________ 36
By: Gerald “Jerry” Starnes, President 37
Prattville City Council 38
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AUTHENTICATED THIS 1ST DAY OF FEBRUARY, 2022. 40
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________________________ 43
By: Paula G. Barlow 44
City Clerk 45
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APPROVED: 47
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________________________ 50
By: Bill Gillespie, Jr. 51
Mayor 52
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RESOLUTION BOOK 2022, PAGE 64
RESOLUTION 1
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[To Amend the FY2022 Budget and Award Bid No. 022-003 to David Bulger, Inc. for the Pine 3
Creek Interceptor Sewer Repair – South Memorial Drive at a Net Cost Not to Exceed 4
$405,196.45.] 5
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{Sponsored By: Councilor Striplin} 7
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WHEREAS, Resolution Book 2022, Page 008, adopted on January 18, 2022, authorized 9
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emergency spending for immediate repair of the eroding sewage pipe and manhole located in 11
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the Pine Creek Basin near 1291 South Memorial Drive; and 13
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WHEREAS, the Wastewater Division of the Public Works Department has a need to 15
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repair a portion of a 24-inch sewer pipe along Pine Creek, to include rip rap slope protection; 17
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and 19
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WHEREAS, the Wastewater Division of the Public Works Department had specifications 21
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drafted for said project; and 23
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WHEREAS, five (5) sealed bids were received, opened and read on January 25, 2022, 25
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at 2:00 p.m. for said project and David Bulger, Inc. was the lowest responsible bidder with a 27
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cost of $405,196.45 for the total base bid, less deductive alternative bid; and 29
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WHEREAS, a portion of this project is budgeted in the Wastewater Division of the Public 31
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Works Department. 33
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 35
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the FY2022 Budget is amended as follows: 37
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Decrease Wastewater Enterprise Fund/ Capital Projects $200,000.00 39
Increase Wastewater Enterprise Fund/ Street-Sewer Line $200,000.00 40
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BE IT FURTHER RESOLVED THAT Bid No. 022-003 is hereby awarded to David 42
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Bulger, Inc. in the amount of $405,196.45 for said project, and said funds are approved and 44
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appropriated from the FY2022 Budget Line Item Wastewater Enterprise Fund/ Street-Sewer 46
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Line. 48
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ADOPTED THIS 1ST DAY OF FEBRUARY, 2022. 50
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By: Gerald “Jerry” Starnes, President 54
Prattville City Council 55
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AUTHENTICATED THIS 1ST DAY OF FEBRUARY, 2022. 57
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By: Paula G. Barlow 61
City Clerk 62
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APPROVED: 1
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By: Bill Gillespie, Jr. 5
Mayor 6
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RESOLUTION BOOK 2022, PAGE 64