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DRAFT PH Packet 2022.08.02PUBLIC HEARING AGENDA PRATTVILLE CITY COUNCIL TUESDAY, AUGUST 2, 2022 6:00 P.M. ROLL CALL: CALL TO ORDER: 1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. {Sponsored By: Councilor Starnes} 2. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 222 Moncrief Street Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances. {Sponsored By: Councilor Starnes} 3. ORDINANCE: To Rezone Property Located Inside the City Limits at 1976-1996 Fairview Avenue from FAR (Forest, Agriculture, Recreation) to B-2 (General Business) (Petitioner: Covered Bridge SC, LLC). {Sponsored By: Councilor Chambers} FIRST INTRODUCED JULY 5, 2022 1 2 3 4 5 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 64 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: Councilor Starnes) WHEREAS, an abundance of overgrown grass or weeds: 1. is injurious to the public health, safety and general welfare by providing a breeding ground and shelter for rats, mice, snakes, mosquitoes and other vermin; 2. may cause the further spread of weeds; 3. may hide debris, such as glass or metal, that could inflict injury on a person going to such property; 4. may also pose a fire hazard and respiratory hazard; and WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2022- A, Page 125, that the abundance of overgrown grass and weeds at various addresses in the City of Prattville constituted a public nuisance and set a public hearing to discuss said nuisances; and WHEREAS, notice, as required by §11-67-62, Code of Alabama, 1975, as amended, was provided in the Montgomery Advertiser, by certified mail, and by signage on the subject property; and WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected said properties and determined that the public nuisance still exists; and WHEREAS, the City Council held the required public hearing at 6:00 p.m. on August 2, 2022, permitting the owners of said properties to present evidence, objections, and protest regarding the proposed removal of weeds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville declares that the abundance of overgrown grass and weeds on the properties continue to be a public nuisance: • 426 Parkwood Drive- McCrory James F. Jr & Trudy W, 426 Parkwood Drive, Prattville, AL 36067 (19 05 16 2 000 085.000) • 222 Moncrief Street- Sanderson Holdings LLC c/o Infusion Properties LLC, 220 Elba Highway, Troy, AL 36079 (19 02 09 3 018 005.000) BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds on the properties listed above cut or, removed using city forces or private contractors. Any property owner shall have the right to have any weeds removed at his or her own expense provided the removal is done prior to the commencement of work by employees or agents of the City of Prattville. The Mayor shall keep an accounting of all costs related to the removal of overgrown grass and weeds and report such cost to the City Council following their removal. 1 2 3 4 5 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 64 ADOPTED THIS 2ND DAY OF AUGUST, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 2ND DAY OF AUGUST, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-A, PAGE 1 2 3 4 5 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 64 RESOLUTION [To Authorize the Mayor to have Stagnant Water at 222 Moncrief Street Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances.] {Sponsored By: Councilor Starnes) WHEREAS, stagnant water is a public nuisance that is injurious to the public health, safety and general welfare of the community pursuant to Section 46-6, City of Prattville Code of Ordinances; and WHEREAS, § 6-5-122 et seq., of the Code of Alabama, 1975, as amended, permits the City Council of the City of Prattville to declare a public nuisance and abate the same; and WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected the property and determined the existence of stagnant water at 222 Moncrief Street; and WHEREAS, the Autauga County tax records list the property owner as Sanderson Holding LLC c/o Infusion Properties LLC, with an address of 220 Elba Highway, Troy, AL 36079 to parcel number 19 02 09 3 018 005.000; and WHEREAS, in compliance with Section 46-31 of the City of Prattville Code of Ordinances, the Prattville Police Department Code Enforcement Officer sent notice to the owner of the above property in writing on June 3, 2022, to correct, remedy or remove the condition of stagnant water within 10 days; and WHEREAS, the owner of 222 Moncrief Street has failed and/or refused to correct, remedy or remove the condition of stagnant water after the expiration of said notice; and WHEREAS, the City Council held the required public hearing at 6:00 p.m. on August 2, 2022, permitting the owner(s) of said property to present evidence, objections, and protest regarding the proposed removal of stagnant water; and WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the City to do such work or make such improvements that are necessary to correct, remedy or remove such condition, pay therefore and charge the expenses incurred to the owner of such lot. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville declares that the stagnant water at 222 Moncrief Street continues to be a nuisance. BE IT FURTHER RESOLVED the Mayor shall have the stagnant water at 222 Moncrief Street removed using City forces or private contractors. The property owner shall have the right to remove the stagnant water at his or her own expense provided the removal is done prior to the commencement of work by employees or agents of the City of Prattville. The Mayor shall 1 2 3 4 5 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 64 keep an accounting of all costs related to this request and report such cost to the City Council following its removal. ADOPTED THIS 2ND DAY OF AUGUST, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 2ND DAY OF AUGUST, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-A, PAGE 1 2 3 4 5 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 64 FIRST INTRODUCED JULY 5, 2022 ORDINANCE [To Rezone Property Located Inside the City Limits at 1976-1996 Fairview Avenue from FAR (Forest, Agriculture, Recreation) to B-2 (General Business) (Petitioner: Covered Bridge SC, LLC) j {Sponsored By: Councilor Chambers) BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are hereby amended to reclassify the property described in Attachment "A" from FAR (Forest, Agriculture, Recreation) to B-2 (General Business); and THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the Montgomery Advertiser, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council of the City of Prattville, at its public hearing on August 2, 2022, at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance of the City of Prattville not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on June 16, 2022. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 2ND DAY OF AUGUST, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 2ND DAY OF AUGUST, 2022 By: Paula G. Barlow City Clerk ITTJ:191T/ =1 13 By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2022, PAGE