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DRAFT CC Packet 2023.12.19 AGENDA PRATTVILLE CITY COUNCIL TUESDAY, DECEMBER 19, 2023 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: 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 5, 2023 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 the Mayor to have Overgrown Grass and Weeds at 1607 Buena Vista Boulevard Abated and Charge Any Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} 2. RESOLUTION: To Grant a Retail Beer (Off Premises Only) and Retail Table Wine (Off Premises Only) License to First Pike Inc. d/b/a Raceway 6708. {Sponsored By: Council President Pro Tempore Strichik} 3. RESOLUTION: To Authorize the City Attorney to File a Release of Stagnant Water and Garbage and Rubbish Lien on 1926 Tara Drive. {Sponsored By: Council President Pro Tempore Strichik} 4. RESOLUTION: To Support the City of Prattville Entering into a Joint Solid Waste Management Plan (SWMP) with Autauga and Elmore Counties. {Sponsored By: Councilor Chambers} 5. RESOLUTION: To Appoint Brandy Mitchell to the Industrial Development Board. {Sponsored By: Councilor Striplin} 6. RESOLUTION: To Declare the Garbage and Rubbish at 109 E. 4th Street a Public Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} 7. RESOLUTION: To Declare the Dilapidated Structure at 312 Marlette Drive to Be Unsafe and a Public Nuisance. {Sponsored By: Council President Pro Tempore Strichik} 8. RESOLUTION: To Declare the Garbage and Rubbish at 312 Marlette Drive a Public Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} 9. RESOLUTION: To Authorize the City Attorney to File a Release of Garbage and Rubbish Lien on 229 Camellia Drive. {Sponsored By: Council President Pro Tempore Strichik} AGENDA 1. RESOLUTION: To Establish 2024 Redistricting Guidelines and Milestones. {Sponsored By: Council President Boone} HELD FROM 12.5.2023 2. RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) Elgin RegenX Street Sweeper through the Sourcewell Purchasing Cooperative, Contract No. 093021-ELG, from Sansom Equipment Co., Inc. for the Public Works Department at a Cost Not to Exceed $298,867.00. {Sponsored By: Councilor Merrick} 3. RESOLUTION: To Authorize the Mayor to Enter into a Preliminary Engineering and Construction Agreement with the Alabama Department of Environmental Management (ADEM) for an American Recovery Plan Act (ARPA) Drinking Water/Wastewater Project for Bell Park Drainage at a Total Cost Not to Exceed $202,500.00 (Net Cost to City Not to Exceed City $52,500.00). {Sponsored By: Councilor Jackson} 4. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Krebs Engineering, Inc. for Construction Engineering Services for Alabama Department of Transportation (ALDOT) Project No. TAPAA-TA24(925) for Comprehensive Americans with Disabilities (ADA) Compliance for Downtown Pedestrian Paths and Sidewalks for the Engineering Department at a Total Cost Not to Exceed $51,400.00. {Sponsored By: Councilor Jackson} 5. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Krebs Engineering, Inc. for Engineering Services for American Recovery Plan Act (ARPA) Drinking Water/Wastewater Project for Bell Park Drainage at a Total Cost Not to Exceed $26,885.00. {Sponsored By: Councilor Jackson} 6. ORDINANCE: To Amend City of Prattville Code of Ordinances Chapter 10 - Animals, Article II. - Dogs, Section 10-43. - Dog Tethering. {Sponsored By: Council President Pro Tempore Strichik} COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN: The next City Council meeting is scheduled for Tuesday, January 2, 2024 RESOLUTION 1 2 [To Authorize the Mayor to have Overgrown Grass and Weeds at 1607 Buena Vista 3 Boulevard Abated and Charge Any Incurred Expenses for the Abatement Process Pursuant 4 to Chapter 46 et seq., City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Council President Pro Tempore Strichik} 7 8 WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2023- 9 10 B, Page 247, that the abundance of overgrown grass and weeds at 1607 Buena Vista 11 12 Boulevard constituted a public nuisance and set a Public Hearing on said nuisance; and 13 14 WHEREAS, the Autauga County tax records list the property owner as Roberts 15 16 Brenda D with an address of 1607 Buena Vista Blvd, Prattville, AL 36067, to Parcel Number 17 18 19 08 27 2 000 002.004; and 19 20 WHEREAS, notice was provided to correct, remedy or remove the overgrown grass and 21 22 weeds; and 23 24 WHEREAS, the owner of 1607 Buena Vista Boulevard has failed and/or refused to 25 26 correct, remedy or remove said nuisance by the expiration of said notice; and 27 28 WHEREAS, the owner of said property did not file written objections with the City Clerk’s 29 30 Office within the time prescribed by City of Prattville Code of Ordinances, Section 46-114 (c); 31 32 and 33 34 WHEREAS, the City Council held the required Public Hearing at 6:00 p.m. on December 35 36 19, 2023, permitting the owner of said property to present evidence, objections and protest 37 38 regarding said nuisance; and 39 40 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, authorizes the 41 42 City to do such work or make such improvements that are necessary to correct, remedy or 43 44 remove such condition, pay therefore and charge any expenses incurred for the abatement 45 46 process to the owner of such property. 47 48 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 49 50 declares that the overgrown grass and weeds at 1607 Buena Vista Boulevard continued to be 51 52 a public nuisance at the expiration of the notice of violation. 53 54 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds 55 56 at said property removed using City forces or private contractors. The property owner shall 57 58 have the right to remove said nuisance at their expense provided that the removal is done 59 60 prior to the commencement of work by employees or agents of the City of Prattville; however, 61 62 this does not abolish incurred fines and expenses. 63 64 BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 1 2 to this request and report such costs to the City Council following its abatement. 3 4 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 5 6 7 8 By: Lora Lee Boone, President 9 Prattville City Council 10 11 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 12 13 14 15 By: Paula G. Barlow 16 City Clerk 17 18 APPROVED: 19 20 21 22 By: Bill Gillespie, Jr. 23 Mayor 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 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Grant a Retail Beer (Off Premises Only) and Retail Table Wine (Off Premises Only) 3 License to First Pike Inc. d/b/a Raceway 6708.] 4 5 {Sponsored By: Council President Pro Tempore Strichik} 6 7 WHEREAS, First Pike Inc. d/b/a Raceway 6708 has obtained a business located at 8 9 2560 Cobbs Ford Road, Prattville, AL 36066, which is a convenience store and gas station; 10 11 and 12 13 WHEREAS, said business has applied for a Retail Beer (Off Premises Only) and Retail 14 15 Table Wine (Off Premises Only) license. 16 17 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18 19 hereby approves the issuance of a Retail Beer (Off Premises Only) and Retail Table Wine (Off 20 21 Premises Only) license at the business located at 2560 Cobbs Ford Road, Prattville, AL 36066, 22 23 to First Pike Inc. d/b/a Raceway 6708. 24 25 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 26 27 28 29 By: Lora Lee Boone, President 30 Prattville City Council 31 32 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 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 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Authorize the City Attorney to File a Release of Stagnant Water and Garbage and 3 Rubbish Lien on 1926 Tara Drive.] 4 5 {Sponsored By: Council President Pro Tempore Strichik} 6 7 WHEREAS, §6-5-122 et Seq., of the Code of Alabama, 1975, as amended, permits the 8 9 City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10 11 and 12 WHEREAS, in Resolution Book 2023, Page 060, on April 4, 2023, the City Council of 13 14 the City of Prattville declared the stagnant water and garbage and rubbish at 1926 Tara Drive 15 16 to be a public nuisance due to be abated; and 17 18 WHEREAS, in Resolution Book 2023, Page 079, on May 2, 2023, the City Council of 19 20 the City of Prattville authorized the abatement of said nuisances; and 21 22 WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 23 24 City to do such work or make such improvements that are necessary to correct, remedy or 25 26 remove such condition, pay therefore and charge the expenses incurred to the owner/operator 27 28 of such property to the fullest extent authorized by law; and 29 30 WHEREAS, in Resolution Book 2023-A, Page 196, on September 5, 2023, the City 31 32 Council of the City of Prattville authorize the City Attorney to affix the cost for the removal of 33 34 stagnant water and garbage and rubbish from 1926 Tara Drive; and 35 36 WHEREAS, said lien was paid by South Oak Title Company on December 4, 2023. 37 38 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 39 40 said stagnant water and garbage and rubbish lien is satisfied and hereby released. 41 42 BE IT FURTHER RESOLVED that the City Attorney shall file with the Autauga County 43 44 Probate Court a Lien Release for 1926 Tara Drive. 45 46 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 47 48 49 By: Lora Lee Boone, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 53 54 55 By: Paula G. Barlow 56 City Clerk 57 58 APPROVED: 59 60 61 By: Bill Gillespie, Jr. 62 Mayor 63 RESOLUTION BOOK 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Support the City of Prattville Entering into a Joint Solid Waste Management Plan (SWMP) 3 with Autauga and Elmore Counties.] 4 5 {Sponsored By: Councilor Chambers} 6 7 WHEREAS, the Autauga and Elmore County Commissions are required by §22-27-47, 8 9 Code of Alabama, 1975, as amended, to submit an updated ten-year SWMP to demonstrate 10 11 effective management with regard to solid waste generation, collection, transportation, 12 13 disposal, recycling, composting and illegal dumping within their counties; and 14 15 WHEREAS, the Autauga and Elmore County Commissions have determined a joint, 16 17 multi-county plan would serve the needs of citizens in a more efficient manner; and 18 19 WHEREAS, every municipality in Autauga and Elmore Counties is required by §22- 20 21 27-47, Code of Alabama, 1975 as amended, to either come under the County SWMP or 22 23 develop their own plan; and 24 25 WHEREAS, the City of Prattville supports joining Autauga and Elmore Counties in a 26 27 joint Autauga/Elmore County Solid Waste Management Plan. 28 29 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 30 31 that the City elects to participate in and be subject to said plan pending final review and 32 33 approval of the plan. 34 35 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 36 37 all documents necessary to carry out the intent of this resolution. 38 39 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 40 41 42 43 By: Lora Lee Boone, President 44 Prattville City Council 45 46 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 47 48 49 50 By: Paula G. Barlow 51 City Clerk 52 53 APPROVED: 54 55 56 57 By: Bill Gillespie, Jr. 58 Mayor 59 60 61 62 63 RESOLUTION BOOK 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Appoint Brandy Mitchell to the Industrial Development Board.] 3 4 {Sponsored By: Councilor Striplin} 5 6 WHEREAS, a vacancy currently exists on the Industrial Development Board due to the 7 8 resignation of Lisa Miller effective December 1, 2023; and 9 10 WHEREAS, it is the desire of the City Council of the City of Prattville to fill said vacancy 11 12 to ensure the continuity of the Industrial Development Board’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15 16 Brandy Mitchell is hereby appointed to fill said vacancy effective immediately and said term 17 18 shall expire on February 17, 2029, or until a successor is duly qualified and appointed. 19 20 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 21 22 23 24 By: Lora Lee Boone, President 25 Prattville City Council 26 27 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 28 29 30 31 By: Paula G. Barlow 32 City Clerk 33 34 APPROVED: 35 36 37 38 By: Bill Gillespie, Jr. 39 Mayor 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 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Declare the Garbage and Rubbish at 109 E. 4th Street a Public Nuisance and Authorize 3 the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City 4 of Prattville Code of Ordinances.] 5 6 {Sponsored By: Council President Pro Tempore Strichik} 7 8 WHEREAS, keeping garbage and rubbish: 9 10 1. is injurious to the public health, safety and general welfare of the community by providing a 11 breeding ground and shelter for rats, mice, snakes, and other vermin; 12 2. may inflict injury on a person going to such property; 13 3. may also pose a fire and environmental hazard; and 14 15 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16 17 the property and determined the existence of garbage and rubbish at 109 E. 4th Street; and 18 19 WHEREAS, the Autauga County tax records list the property owner as Hallman Harriet 20 21 Pigford, Pigford John, with an address of 107 Avant Street Prattville, AL 36067, to Parcel 22 23 Number 19 03 08 4 007 013.000; and 24 25 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26 27 Code Enforcement Officer gave written notice to the owner of said property on October 16, 28 29 2023, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) days; 30 31 and 32 33 WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34 35 remove said conditions by the expiration of said notice; and 36 37 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38 39 Council to declare keeping garbage and rubbish to be a public nuisance and authorizes the 40 41 City to do such work or make such improvements that are necessary to correct, remedy or 42 43 remove such conditions, pay therefore and charge the expenses incurred for the abatement 44 45 process to the owner of such property. 46 47 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48 49 declares that the garbage and rubbish at 109 E. 4th Street continued to be a public nuisance 50 51 at the expiration of the notice of violation. 52 53 BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54 55 said property removed using City forces or private contractors. The property owner shall have 56 57 the right to remove said nuisance at their expense provided that the removal is done prior to 58 59 the commencement of work by employees or agents of the City of Prattville; however, this does 60 61 not abolish incurred expenses. 62 63 BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64 to this request and report such costs to the City Council following its abatement. 1 2 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 3 4 5 6 By: Lora Lee Boone, President 7 Prattville City Council 8 9 AUTHENTICATED THIS THIS 19TH DAY OF DECEMBER, 2023. 10 11 12 13 By: Paula G. Barlow 14 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 2023-B, PAGE ____ 64 RESOLUTION 1 2 [To Declare the Dilapidated Structure at 312 Marlette Drive to Be Unsafe and a Public 3 Nuisance.] 4 5 {Sponsored By: Council President Pro Tempore Strichik} 6 7 WHEREAS, under the authority of Title 11, Chapter 53B, Code of Alabama, 1975, as 8 9 amended, on September 13, 2023, the City of Prattville Chief Building Official declared the 10 11 dilapidated structure at 312 Marlette Drive, Parcel No. 19 05 16 3 001 001.013, to be an 12 13 unsafe structure; and 14 15 WHEREAS, on September 13, 2023, the City of Prattville Code Enforcement Officer 16 17 sent notice ordering the repair or demolition of the dilapidated structure at 312 Marlette Drive 18 19 within 45 days of said notice; and 20 21 WHEREAS, said notice was sent by certified mail in accordance with §11-53B-3, Code 22 23 of Alabama, 1975, as amended; and 24 25 WHEREAS, Title 11, Chapter 53B allows the property owner or other interested parties 26 27 to file a written appeal within thirty (30) days of the date of notice with the City Clerk requesting 28 29 a hearing before the City Council of the City of Prattville; and 30 31 WHEREAS, no written request for a hearing was received within thirty (30) days of the 32 33 date of the notice; and 34 35 WHEREAS, §11-53B-4, Code of Alabama, 1975, as amended, authorizes the City 36 37 Council to determine whether or not the building or structure is unsafe to the extent that it is a 38 39 public nuisance; and 40 41 WHEREAS, no repairs have been made to the dilapidated structure located at at said 42 43 address, and the structure remains unsafe and a public nuisance. 44 45 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 46 47 the dilapidated structure located at 312 Marlette Drive continues to be unsafe and a public 48 49 nuisance that must be repaired or demolished. 50 51 BE IT FURTHER RESOLVED that the City Council instructs the Code Enforcement 52 53 Officer to provide a report of the cost to repair or demolish the dilapidated structure located at 54 55 312 Marlette Drive to the City Council. 56 57 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 58 59 60 61 By: Lora Lee Boone, President 62 Prattville City Council 63 64 AUTHENTICATED THIS THIS 19TH DAY OF DECEMBER, 2023. 1 2 3 4 By: Paula G. Barlow 5 City Clerk 6 7 APPROVED: 8 9 10 11 By: Bill Gillespie, Jr. 12 Mayor 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 2023-B, PAGE ____ 64 RESOLUTION 1 2 [To Declare the Garbage and Rubbish at 312 Marlette Drive a Public Nuisance and Authorize 3 the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City 4 of Prattville Code of Ordinances.] 5 6 {Sponsored By: Council President Pro Tempore Strichik} 7 8 WHEREAS, keeping garbage and rubbish: 9 10 1. is injurious to the public health, safety and general welfare of the community by providing a 11 breeding ground and shelter for rats, mice, snakes, and other vermin; 12 2. may inflict injury on a person going to such property; 13 3. may also pose a fire and environmental hazard; and 14 15 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16 17 the property and determined the existence of garbage and rubbish at 312 Marlette Drive; and 18 19 WHEREAS, the Autauga County tax records list the property owner as Barrett Ted O Jr 20 21 & Amanda R, with an address of 407 Summerhill Prattville, AL 36067, to Parcel Number 19 05 22 23 16 3 001 001.013; and 24 25 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26 27 Code Enforcement Officer gave written notice to the owner of said property on September 12, 28 29 2023, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) days; 30 31 and 32 33 WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34 35 remove said conditions by the expiration of said notice; and 36 37 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38 39 Council to declare keeping garbage and rubbish to be a public nuisance and authorizes the 40 41 City to do such work or make such improvements that are necessary to correct, remedy or 42 43 remove such conditions, pay therefore and charge the expenses incurred for the abatement 44 45 process to the owner of such property. 46 47 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48 49 declares that the garbage and rubbish at 312 Marlette Drive continued to be a public nuisance 50 51 at the expiration of the notice of violation. 52 53 BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54 55 said property removed using City forces or private contractors. The property owner shall have 56 57 the right to remove said nuisance at their expense provided that the removal is done prior to 58 59 the commencement of work by employees or agents of the City of Prattville; however, this does 60 61 not abolish incurred expenses. 62 63 BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64 to this request and report such costs to the City Council following its abatement. 1 2 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 3 4 5 6 By: Lora Lee Boone, President 7 Prattville City Council 8 9 AUTHENTICATED THIS THIS 19TH DAY OF DECEMBER, 2023. 10 11 12 13 By: Paula G. Barlow 14 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 2023-B, PAGE ____ 64 RESOLUTION 1 2 [To Authorize the City Attorney to File a Release of Garbage and Rubbish Lien on 3 229 Camellia Drive.] 4 5 {Sponsored By: Council President Pro Tempore Strichik} 6 7 WHEREAS, § 6-5-122 et Seq., of the Code of Alabama, 1975, as amended, permits the 8 9 City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10 11 and 12 WHEREAS, in Resolution Book 2023-A, Page 102, on June 6, 2023, the City Council of 13 14 the City of Prattville declared the garbage and rubbish at 229 Camellia Drive to be a public 15 16 nuisance due to be abated; and 17 18 WHEREAS, in Resolution Book 2023-A, Page 132, on July 11, 2023, the City Council 19 20 of the City of Prattville authorized the abatement of said nuisance; and 21 22 WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 23 24 City to do such work or make such improvements that are necessary to correct, remedy or 25 26 remove such condition, pay therefore and charge the expenses incurred to the owner/operator 27 28 of such property to the fullest extent authorized by law; and 29 30 WHEREAS, in Resolution Book 2023-A, Page195, on September 5, 2023, the City 31 32 Council of the City of Prattville authorize the City Attorney to affix the cost for the removal of 33 34 garbage and rubbish from 229 Camellia Drive; and 35 36 WHEREAS, said lien was paid by Garry S. McAnnally, LLC on December 13, 2023. 37 38 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 39 40 said garbage and rubbish lien is satisfied and hereby released. 41 42 BE IT FURTHER RESOLVED that the City Attorney shall file with the Autauga County 43 44 Probate Court a Lien Release for 229 Camilla Drive. 45 46 ADOPTED THIS 2ND DAY OF JANUARY, 2024. 47 48 49 By: Lora Lee Boone, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 2ND DAY OF JANUARY, 2024. 53 54 55 By: Paula G. Barlow 56 City Clerk 57 58 APPROVED: 59 60 61 By: Bill Gillespie, Jr. 62 Mayor 63 RESOLUTION BOOK 2024, PAGE _____ 64 HELD FROM 12.5.2023 1 RESOLUTION 2 3 [To Establish 2024 Redistricting Guidelines and Milestones.] 4 5 {Sponsored By: Council President Boone} 6 7 WHEREAS, §11-40-8, Code of Alabama, 1975, as amended requires that City Councils 8 9 divide their jurisdictions into districts having an equal number of residents with the lines thereof 10 11 conforming to the center of the streets or alleys and being rectangular as far as practicable; 12 13 and 14 15 WHEREAS, the 2020 Decennial Federal Census indicates the City of Prattville 16 17 experienced a population increase over the past decade, specifically a 2020 census population 18 19 of 37,781, an increase from the 2010 census population of 33,960; and 20 21 WHEREAS, an analysis of the City Council Districts designated by Ordinance 2011- 22 23 024 and amended by Ordinance 2016-A, Page 009 and Ordinance Book 2020, Page 005 24 25 using data from the 2020 Decennial Census indicates that Prattville’s population is unequally 26 27 distributed among the seven council districts; and 28 29 WHEREAS, §11-46-23, Code of Alabama, 1975, as amended gives authority to the 30 31 municipal governing body to readjust boundary lines; and 32 33 WHEREAS, the Council is initiating a process to adjust the district boundaries and 34 35 equalize the population in the seven districts; and 36 37 WHEREAS, there is a need to establish the guidelines to be utilized for the redistricting 38 39 process. 40 41 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 42 43 Prattville that the following guidelines are established for the 2024 redistricting process: 44 45 1. All districts shall have equal representation. Districts will be drawn so that council 46 districts provide “one person-one vote” representation. The deviation of plus or minus 47 five percent from the ideal district population maintains an acceptable level of 48 representation. 49 50 2. The plan shall comply with the Voting Rights Act of 1965. According to the Voting Rights 51 Act, districts shall be drawn in such a way that assures all voters have an equal 52 opportunity to participate in the political process and to elect representatives of their 53 choice. 54 55 3. Where possible, existing district boundaries shall be maintained. Traditional lines should 56 not be redrawn if their existing locations can be reasonably accommodated and equal 57 representation achieved. 58 59 4. The plan shall strive to be non-retrogressive, meaning the ability of minority voters to 60 participate in the political process and to elect candidates of choice is not diminished by 61 the resulting redistricting. 62 63 5. As much as reasonably possible, council districts should be a compact and contiguous 1 geographic unit. 2 3 6. The 2020 U. S. Census of Population shall be the source of data for determining 4 population and representation. 5 6 7. To the maximum extent possible, district boundaries in the redistricting plan should 7 strive to include whole neighborhoods. 8 9 8. Existing voting centers should be maintained, if possible, for voter convenience and 10 efficient election administration. 11 12 9. District boundaries should be easily identifiable physical features such as the centerlines 13 of streets, alleys, roadways, streams, or other well-defined natural or manmade 14 landmarks as boundaries. 15 16 10. Proposed redistricting plans requiring less change to current districts in order to balance 17 population and comply with the criteria set forth herein will be generally preferred over 18 plans which require more change to achieve such balance and compliance, so long as 19 other rational municipal policies are not jeopardized. 20 21 11. All citizens and interested groups shall be given the opportunity to use the official data 22 and to present alternative district plans. All submitted plans will be evaluated and 23 considered by the City Council. 24 25 BE IT FURTHER RESOLVED that the City Council shall: 26 27 1. Endeavor to engage a consultant and cartographer by December 19, 2023, present a 28 draft plan by April 16, 2024, and complete the redistricting process by July 23, 2024. 29 30 2. Interact and provide feedback to the consultant and cartographer regarding each 31 Council district for the purpose of developing a draft redistricting plan. 32 33 3. Seek input on all proposed redistricting plans through the use of the city website and at 34 least two (2) public hearings wherein the public can provide input regarding the proposed 35 redistricting plans. 36 37 4. Openly solicit and consider alternative redistricting plans provided by members of the 38 public. 39 40 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 41 42 43 ______________________________ 44 By: Lora Lee Boone, President 45 Prattville City Council 46 47 AUTHENTICATED THIS 19th DAY OF DECEMBER, 2023. 48 49 50 ______________________________ 51 By: Paula G. Barlow 52 City Clerk 53 54 APPROVED: 55 56 57 ______________________________ 58 By: Bill Gillespie, Jr. 59 Mayor 60 61 62 63 RESOLUTION BOOK 2023-B, PAGE ___ 64 RESOLUTION 1 2 [To Authorize the Release of Funds for the Purchase of One (1) Elgin RegenX Street 3 Sweeper through the Sourcewell Purchasing Cooperative, Contract No. 093021-ELG, from 4 Sansom Equipment Co., Inc. for the Public Works Department at a Cost Not to Exceed 5 $298,867.00.] 6 7 {Sponsored By: Councilor Merrick} 8 9 WHEREAS, the Public Works Department has identified a need to purchase one (1) 10 11 Elgin RegenX Street Sweeper; and 12 13 WHEREAS, said street sweeper is available through the Sourcewell Purchasing 14 15 Cooperative, Contract No. 093021-ELG, from Sansom Equipment Co., Inc. at a cost not to 16 17 exceed $298,867.00; and 18 19 WHEREAS, this is a budgeted expense for the Public Works Department. 20 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 22 23 funds in an amount not to exceed $298,867.00 for the purchase of said street sweeper is 24 25 hereby authorized and approved to be paid to Sansom Equipment Co., Inc. and said funds 26 27 are approved and appropriated from FY2024 Budget Line Item Public Works/ Capital Outlay. 28 29 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 30 31 32 33 By: Lora Lee Boone, President 34 Prattville City Council 35 36 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 37 38 39 40 By: Paula G. Barlow 41 City Clerk 42 43 APPROVED: 44 45 46 47 By: Bill Gillespie, Jr. 48 Mayor 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2023-B, PAGE ____ 64 RESOLUTION 1 2 [To Authorize the Mayor to Enter into a Preliminary Engineering and Construction Agreement 3 with the Alabama Department of Environmental Management (ADEM) for an American 4 Recovery Plan Act (ARPA) Drinking Water/Wastewater Project for Bell Park Drainage at a 5 Total Cost Not to Exceed $202,500.00 (Net Cost to City Not to Exceed City $52,500.00).] 6 7 {Sponsored By: Councilor Jackson} 8 9 WHEREAS, ADEM is administering grant programs from ARPA to support water and 10 11 sewer infrastructure projects; and 12 13 WHEREAS, Bell Park recreational facility has drainage and erosion issues causing 14 15 significant separation between ball fields; and 16 17 WHEREAS, the proposed drainage project will alleviate the erosion and restore open 18 19 space of the park by piping stormwater out of the park; and 20 21 WHEREAS, the City desires to enter into a preliminary engineering and construction 22 23 agreement with ADEM for said project; and 24 25 WHEREAS, said project is a budgeted expense in the Capital Projects Fund. 26 27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 28 29 the Mayor is hereby authorized to enter into said preliminary engineering and construction 30 31 services agreement with ADEM for at a total cost not to exceed $202,500.00 (net cost to City 32 33 not to exceed $52,500.00), and said funds are approved and appropriated from FY2024 Budget 34 35 Line Item Capital Projects Fund/ Bell Park Drainage. 36 37 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 38 39 all documents necessary to carry out the intent of this resolution. 40 41 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 42 43 44 45 By: Lora Lee Boone, President 46 Prattville City Council 47 48 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 49 50 51 52 By: Paula G. Barlow 53 City Clerk 54 55 APPROVED: 56 57 58 59 By: Bill Gillespie, Jr. 60 Mayor 61 62 63 RESOLUTION BOOK 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Authorize the Mayor to Enter into an Agreement with Krebs Engineering, Inc. for 3 Construction Engineering Services for Alabama Department of Transportation (ALDOT) 4 Project No. TAPAA-TA24(925) for Comprehensive Americans with Disabilities (ADA) 5 Compliance for Downtown Pedestrian Paths and Sidewalks for the Engineering Department 6 at a Total Cost Not to Exceed $51,400.00.] 7 8 {Sponsored By: Councilor Jackson} 9 10 WHEREAS, in Resolution Book 2023-B, Page 239, the City Council of the City of 11 12 Prattville authorized the Mayor to enter into an agreement with ALDOT for Comprehensive 13 14 (ADA) Compliance for Downtown Pedestrian Paths and Sidewalks; and 15 16 WHEREAS, the Engineering Department has identified a need for construction 17 18 engineering services for said project; and 19 20 WHEREAS, Krebs Engineering, Inc. has the expertise to provide said engineering 21 22 services at a total cost not to exceed $51,400.00; and 23 24 WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to 25 26 secure services with engineers possessing a high degree of professional skill to be let without 27 28 competitive bidding; and 29 30 WHEREAS, said improvement project is a budgeted expense in the Capital Projects 31 32 Fund. 33 34 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 35 36 the Mayor is hereby authorized to enter into said agreement with Krebs Engineering, Inc. for 37 38 said engineering services at a total cost not to exceed $51,400.00, and said funds are approved 39 40 and appropriated from FY2024 Budget Line Item Capital Projects Fund/ Downtown Sidewalks. 41 42 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 43 44 all documents necessary to carry out the intent of this resolution. 45 46 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 47 48 49 By: Lora Lee Boone, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 53 54 55 By: Paula G. Barlow 56 City Clerk 57 58 APPROVED: 59 60 61 By: Bill Gillespie, Jr. 62 Mayor 63 RESOLUTION BOOK 2023-B, PAGE _____ 64 RESOLUTION 1 2 [To Authorize the Mayor to Enter into an Agreement with Krebs Engineering, Inc. for 3 Engineering Services for American Recovery Plan Act (ARPA) Drinking Water/Wastewater 4 Project for Bell Park Drainage at a Total Cost Not to Exceed $26,885.00.] 5 6 {Sponsored By: Councilor Jackson} 7 8 WHEREAS, in Resolution Book 2023-B, Page ___, the City Council of the City of 9 10 Prattville authorized the Mayor to enter into an agreement with Alabama Department of 11 12 Environmental Management for the ARPA Bell Park Drainage project; and 13 14 WHEREAS, the Engineering Department has identified a need for engineering services 15 16 for said drainage project; and 17 18 WHEREAS, Krebs Engineering, Inc. has the expertise to provide said engineering 19 20 services at a total cost not to exceed $26,885.00; and 21 22 WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to 23 24 secure services with engineers possessing a high degree of professional skill to be let without 25 26 competitive bidding; and 27 28 WHEREAS, said improvement is a budgeted expense in the Capital Projects Fund. 29 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 31 32 the Mayor is hereby authorized to enter into said agreement with Krebs Engineering, Inc. for 33 34 said engineering services at a total cost not to exceed $28,885.00, and said funds are approved 35 36 and appropriated from FY2024 Budget Line Item Capital Projects Fund/ Bell Park Drainage. 37 38 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 39 40 all documents necessary to carry out the intent of this resolution. 41 42 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 43 44 45 46 By: Lora Lee Boone, President 47 Prattville City Council 48 49 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 50 51 52 53 By: Paula G. Barlow 54 City Clerk 55 56 APPROVED: 57 58 59 60 By: Bill Gillespie, Jr. 61 Mayor 62 63 RESOLUTION BOOK 2023-B, PAGE _____ 64 ORDINANCE 1 2 [To Amend City of Prattville Code of Ordinances Chapter 10 - Animals, Article II. - Dogs, 3 Section 10-43. - Dog Tethering.] 4 5 {Sponsored By: Council President Pro Tempore Strichik} 6 7 WHEREAS, in Ordinance Book 2021, Page 028, on September 21, 2021, the City 8 9 Council of the City of Prattville amended City of Prattville Code of Ordinances Chapter 10 – 10 11 Animals, Article II. - Dogs, Sec. 10-43, - Dog Tethering; and 12 13 WHEREAS, a need has been identified to clarify violation timelines for enforcement 14 15 purposes. 16 17 BE IT ORDAINED by the City Council of the City of Prattville that City of Prattville 18 19 Code of Ordinances, is hereby Amended to read as follows: 20 21 Sec. 10-43. - Dog Tethering. 22 23 (a) Duty to restrain and contain dogs. 24 (1) Containment of dogs shall comply with section 10-41 of this Code of Ordinances. 25 (2) The methods used to contain a dog while on the owner's premises are within the 26 discretion of the owner provided the conditions do not present a hazard to the dog, a 27 hazard to the general public or otherwise fails to comply with the provisions of this 28 section. Ordinary containment methods include housing the dog inside of a residential 29 structure, or if outside, then by the use of a fence and/or pen, including an invisible 30 fence, provided that the use of such method complies with the requirements herein. 31 32 (b) Chaining/tethering dogs. 33 (1) Direct point chaining or tethering of dogs to any stationary object is prohibited. 34 (2) Permitted restraint methods include the following: a trolley system with swivels on 35 both ends, affixed to a nonabrasive comfortably fitted collar or harness. The tether of 36 the trolley is to be not less than ten feet and not more than 12 feet. This means of 37 restraint cannot be utilized by the owners between the hours of 10:00 p.m. and 6:00 38 a.m. In enforcing this section, any duly authorized officer or agent of the municipality 39 shall use reasonable discretion in carrying out the duties and requirements of this 40 section. 41 (3) No person owning or keeping a dog shall subject the dog to cruel conditions at any 42 time. Cruel conditions are defined as, but not limited to, the following conditions: 43 (a) Filthy and dirty confinement conditions, including but not limited to exposure to 44 excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that 45 could injure or kill the dog upon contact, or other circumstances that could cause 46 harm to the dog's physical health. 47 (b) Taunting, prodding, hitting, harassing, threatening or otherwise harming a 48 tethered or confined dog. 49 (c) Subjecting the dog to dangerous conditions, including extreme temperatures or 50 attack by other animals. 51 52 (c) Minimum care of dogs living outside. 53 (1) Shelter. 54 (a) Any dog that is habitually kept outside or repeatedly left outside unattended by 55 an adult person, whether contained in a pen or contained in a fenced area, shall be 56 provided with a structurally sound, moisture-proof and wind-proof shelter large 57 enough to keep the dog reasonably clean and dry. A shelter which does not protect 58 the dog from temperature extremes or precipitation, or which does not provide 59 adequate ventilation or drainage, shall not comply with this section. 60 (b) A dog's shelter and bedding and other accessible space shall be maintained in a 61 manner which minimizes the risk of the dog contracting disease, being injured or 62 becoming infested with parasites. 63 64 (c) During the winter months, the shelter must not only be wind and moisture proof1 but also of a proportionate size to allow the natural body heat of the dog to be2 retained in cold weather.3 (d) A shelter for a dog must be a structure having three sides in addition to a roof4 and floor with one side having an entrance or an Igloo type structure specifically5 designed for outdoor housing of a dog. The dog must be able to enter, stand, sit, lie6 down and turn around in the shelter in a normal manner. Metal drums and transport7 carriers designed to move a dog from one location to another and which do not have8 solid walls, are not considered shelter.9 (e) The shelter floor shall be raised at least two inches above the ground and be free10 of cracks, holes or protruding nails or rough edges that could cause injury.11 (f) The shelter shall be maintained and cleaned regularly. The area around the12 shelter shall be kept clean of accumulated feces, garbage and any other debris.13 (g) The shelter shall be placed in an area that provides protection from the direct14 rays of the sun, when sunlight is likely to cause overheating or discomfort.15 (2) Nutrition.16 (a) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or17 neglect to provide such dog with clean, fresh potable water adequate for the dog's18 size, age, and physical condition. This water supply shall be either free flowing or19 provided in a removable receptacle that is weighted and secured to prevent tipping.20 (b) It shall be unlawful for any person keeping or harboring any dog to fail, refuse or21 neglect to provide such dog with wholesome foodstuff suitable for the dog's physical22 condition and age and in sufficient quantities to maintain an adequate level of23 nutrition for the dog.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 (d)Violations: Upon noticing a violation of this section by an individual, the Code Enforcement Officer shall issue a Notice of Violation which will allow said individual ten (10) days in which to remedy the violation. After the expiration of ten (10) calendar days, if it is found that the violation persists, the Officer shall initiate a formal charge for violating this section. Violations of this section are declared a misdemeanor. Any person who violates any provisions of this section shall be guilty of a misdemeanor and, unless otherwise provided herein, shall, upon conviction or adjudication of guilt, be punished by a fine of not less than $100.00 and in addition thereto may be punished by imprisonment or hard labor in the metro jail or a combination thereof, for a period not exceeding six months and costs of court. However, the municipal judge shall have the authority and discretion to order community service for violation of this section and in such an evert the fines and court costs may be adjusted or remitted upon the completion of court ordered community service. (e)Removal of animals. In accordance with §13A-11-243, Code of Alabama, 1975, as amended, any duly authorized officer or agent of the municipality shall have the right to take charge of any animal which is neglected or is being cruelly treated or abused and to provide care for such animal until the living conditions are deemed to be in suitable condition for the return of the dog to its owner or the person from whose custody such animal was taken. Therefore, in addition to the actions that may be taken under the violations section of this section, any duly authorized officer or agent of the municipality shall have the authority to remove any dog which is being held in violation of this section from its owner or person having custody and deliver it to the Autauga or Elmore County Humane Shelter for care and keeping. The owner or custodian shall have ten days after notice of said removal to remedy the violation or violations under this section and retrieve the dog from the humane shelter. The owner or custodian shall be responsible for the cost of care for the period that it remains at the humane shelter and if the dog is not retrieved at the end of ten days, then the humane shelter shall proceed according to §13A-11-243, Code of Alabama, 1975, as amended, in handling the animal. 53 54 THIS ordinance shall become effective upon its passage and execution as provided by 55 56 law. Each of the provisions of this ordinance are severable; and if any provision shall be 57 58 declared to be invalid, the remaining provisions shall not be affected but shall remain in full 59 60 force. All ordinances, or parts of ordinances, in any manner conflicting herewith are hereby 61 62 repealed. 63 64 ADOPTED THIS 19TH DAY OF DECEMBER, 2023. 1 2 3 4 By: Lora Lee Boone, President 5 Prattville City Council 6 7 AUTHENTICATED THIS 19TH DAY OF DECEMBER, 2023. 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 ORDINANCE BOOK 2023, PAGE ____ 64