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DRAFT CC Packet 7.2.2024AGENDA PRATTVILLE CITY COUNCIL TUESDAY, JULY 2, 2024 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: 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 June 18, 2024 and Redistricting Public Hearing June 25, 2024 COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: MAYOR’S REPORT: REPORT FROM COUNCIL ON SPECIAL COMMITTEES: CONSENT AGENDA 1.RESOLUTION: To Authorize the Mayor to have Overgrown Grass and Weeds at 1722 E. Main Street Abated and Charge Any Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley} 2.RESOLUTION: To Declare the Garbage and Rubbish at 136 Pierce Lane 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: Councilor Whaley} 3. RESOLUTION: To Declare the Garbage and Rubbish at 314 Sheila Boulevard 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: Councilor Whaley} 4.RESOLUTION: To Declare the Garbage and Rubbish at 1274 County Road 85 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: Councilor Whaley} 5.RESOLUTION: To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 314 Sheila Boulevard, 1274 County Road 85 and 105 North Memorial Drive to be Unsafe and a Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley} 6.RESOLUTION: To Set a Public Hearing to Grant a Restaurant Retail Liquor License to Texas Roadhouse Holding LLC, d/b/a Texas Roadhouse. {Sponsored By: Councilor Chambers} 7.RESOLUTION: To Surplus Various Equipment from the Information Technology Department. {Sponsored By: Councilor Whaley} AGENDA 1.ORDINANCE: To Rezone Property Located Inside the Corporate Limits at 201 Wetumpka Street from R-2 (Single Family Residential) to O-1 (Office District) (Owner: South Central Bell Telephone Company, Petitioner: City of Prattville). {Sponsored By: Councilor Jackson} FIRST INTRODUCED JUNE 4, 2024 2.ORDINANCE: To Rezone Property Located Inside the Corporate Limits at 819 Smith Avenue from B-1 (Neighborhood Commercial) to B-2 (General Business) (Owner: Vinson Family Enterprises LLC, Petitioner: City of Prattville). {Sponsored By: Council President Pro Tempore Strichik} FIRST INTRODUCED JUNE 4, 2024 3.ORDINANCE: To Repeal Chapter 22 Article II. Emergency Preparedness, and all its Amendments and Replace it with Chapter 22 - Article I. - Emergency Management: Civil Defense; Disaster and Emergency Preparedness 22-1 through 22-19, Inclusive. {Sponsored By: Councilor Chambers} 4.RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the Corporate Limits at 334 Old Farm Lane from B-2 (General Business) and R-3 (Single Family Residential) to INST (Institutional) (Owner: Prattville Lutheran Mission, Petitioner: David Slocum). {Sponsored By: Councilor Whaley} 5.RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) Spartan/E- One Rescue Pumper Demo Build through the H-GAC Purchasing Cooperative, Contract FS12-23, from Sunbelt Fire, Inc. for the Fire Department at a Cost Not to Exceed $757,136.00.{Sponsored By: Councilor Chambers} 6.RESOLUTION: To Authorize the Mayor to Enter into a Software and Services Agreement The next City Council meeting is scheduled for Tuesday, July 16, 2024. with Tyler Technologies, Inc. for Implementation and Service for a Period of Three (3) Years for the Enterprise ERP Software Package at an Initial Cost Not to Exceed $450,000.00 and Annually Not to Exceed $200,000.00. {Sponsored By: Council President Pro Tempore Strichik} COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN: RESOLUTION 1 2 [To Authorize the Mayor to have Overgrown Grass and Weeds at 1722 E. Main Street Abated 3 and Charge Any Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et 4 seq., City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Whaley} 7 8 WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2024- 9 10 A, Page 126, that the abundance of overgrown grass and weeds at 1722 E. Main Street 11 12 constituted a public nuisance and set a Public Hearing on said nuisance; and 13 14 WHEREAS, the Autauga County tax records lists the property owners as HACM INC 15 16 with an address of 103 Par Circle, Fairhope, AL 36532, to Parcel number 19 06 14 1 002 17 18 002.000; and 19 20 WHEREAS, notice was provided to correct, remedy or remove overgrown grass and 21 22 weeds; and 23 24 WHEREAS, the owner of 1722 E. Main Street has failed and/or refused to correct, 25 26 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 July 2, 35 36 2024, 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 conditions, pay therefore and charge the expenses incurred to the owner of such 45 46 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 1722 E. Main Street continues to be a 51 52 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 2ND DAY OF JULY, 2024. 5 6 7 8 By: Lora Lee Boone, President 9 Prattville City Council 10 11 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 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 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Declare the Garbage and Rubbish at 136 Pierce Lane 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: Councilor Whaley} 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 136 Pierce Lane; and 18 19 WHEREAS, the Elmore County tax records list the property owner as Hopper David L 20 21 & Sheila D, with an address of 136 Pierce Lane, Prattville, AL 36066, to Parcel Number 26 09 22 23 30 0 001 002.010; 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 May 6, 2024, 28 29 to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30 31 WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32 33 remove said condition by the expiration of said notice; and 34 35 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36 37 Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38 39 the City to do such work or make such improvements that are necessary to correct, remedy or 40 41 remove such condition, pay therefore and charge the expenses incurred for the abatement 42 43 process to the owner of such property. 44 45 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46 47 declares that the garbage and rubbish at 136 Pierce Lane continued to be a public nuisance 48 49 at the expiration of the notice of violation. 50 51 BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52 53 said property removed using City forces or private contractors. The property owner shall have 54 55 the right to remove said nuisance at their expense provided that the removal is done prior to 56 57 the commencement of work by employees or agents of the City of Prattville; however, this does 58 59 not abolish incurred expenses. 60 61 BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62 63 to this request and report such costs to the City Council following its abatement. 64 ADOPTED THIS 2ND DAY OF JULY, 2024. 1 2 3 4 By: Lora Lee Boone, President 5 Prattville City Council 6 7 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 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 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Declare the Garbage and Rubbish at 314 Sheila Boulevard a Public Nuisance and 3 Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4 seq., City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Whaley} 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 314 Sheila Boulevard; 18 19 and 20 21 WHEREAS, the Autauga County tax records list the property owner Folger Henry S. & 22 23 Susan C., with an address of 307 Abington Street, Prattville, AL 36066, to Parcel Number 19 24 25 06 14 4 004 009.000; and 26 27 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28 29 Code Enforcement Officer gave written notice to the owner of said property on June 5, 2024, 30 31 to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32 33 WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34 35 remove said condition 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 the keeping of garbage and rubbish to be a public nuisance and authorizes 40 41 the City to do such work or make such improvements that are necessary to correct, remedy or 42 43 remove such condition, 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 314 Sheila Boulevard continued to be a public 50 51 nuisance 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 2ND DAY OF JULY, 2024. 3 4 5 6 By: Lora Lee Boone, President 7 Prattville City Council 8 9 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 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 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Declare the Garbage and Rubbish at 1274 County Road 85 a Public Nuisance and 3 Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4 seq., City of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Whaley} 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 1274 County Road 85; 18 19 and 20 21 WHEREAS, the Autauga County tax records list the property owner Gardner Archie & 22 23 Julia Mae C/O Gardner Tony, with an address of 1274 County Road 85, Prattville, AL 36067, 24 25 to Parcel Number 10 09 31 0 000 008.001; and 26 27 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28 29 Code Enforcement Officer gave written notice to the owner of said property on June 7, 2024, 30 31 to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32 33 WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34 35 remove said condition 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 the keeping of garbage and rubbish to be a public nuisance and authorizes 40 41 the City to do such work or make such improvements that are necessary to correct, remedy or 42 43 remove such condition, 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 1274 County Road 85 continued to be a public 50 51 nuisance 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 2ND DAY OF JULY, 2024. 3 4 5 6 By: Lora Lee Boone, President 7 Prattville City Council 8 9 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 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 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 314 3 Sheila Boulevard, 1274 County Road 85 and 105 North Memorial Drive to be Unsafe and a 4 Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., City of Prattville 5 Code of Ordinances.] 6 7 {Sponsored By: Councilor Whaley} 8 9 WHEREAS, an abundance of overgrown grass and weeds: 10 11 1. is injurious to the public health, safety and general welfare of the community by providing a 12 breeding ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 13 2. may cause the further spread of weeds; 14 3. may hide debris, such as glass or metal, that could inflict injury on a person going to such 15 property; 16 4. may also pose a fire hazard and respiratory hazard; and 17 18 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19 20 the properties and determined the existence of an abundance of overgrown grass and weeds 21 22 at 314 Sheila Boulevard, 1274 County Road 85 and 105 North Memorial Drive; and 23 24 WHEREAS, the Autauga County tax records list the property owner(s) as follows: 25 26 • 314 Sheila Boulevard – Folger Henry S. & Susan C., with an address of 307 Abington 27 Street, Prattville, 36066, to Parcel Number 19 06 14 4 004 009.000 28 • 1274 County Road 85 – Gardner Archie & Julia Mae C/O Gardner Tony, with an 29 address of 1274 County Road 85, Prattville, AL 36067, to Parcel Number 10 09 31 0 30 000 008.001 31 • 105 North Memorial Drive – McIntyre Land Co In, with an address of P.O. Box 241993 32 Montgomery, AL 36124, to Parcel Number 19 02 10 3 008 002.501; and 33 34 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 35 36 Code Enforcement Officer gave written notice to the owner(s) of said properties on June 5, 37 38 2024, June 7, 2024, and June 12, 2024, respectively, to correct, remedy or remove the 39 40 abundance of overgrown grass and weeds within ten (10) days; and 41 42 WHEREAS, the owner(s) of said properties have failed and/or refused to correct, 43 44 remedy or remove said condition by the expiration of said notice; and 45 46 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 47 48 Council to declare the abundance of overgrown grass and weeds to be a public nuisance and 49 50 abate the same; and 51 52 WHEREAS, pursuant to Section 46-114 (e), City of Prattville Code of Ordinances, 53 54 declaring the abundance of overgrown grass and weeds to be a public nuisance and ordering 55 56 their abatement by the City Council initiates a fine for the first violation and designation on the 57 58 repeat offender registry. 59 60 61 62 63 64 NOW, THEREFORE, BE IT RESOLVED THAT: 1 2 1. the City Council of the City of Prattville declares the abundance of overgrown grass and 3 weeds at said properties to be a public nuisance and has therefore initiated the abatement 4 process; and 5 2. the owner(s) of said properties are ordered to abate said nuisance and appear before the 6 City Council at a Public Hearing at 6:00 p.m. on August 6, 2024, at Prattville City Hall; and 7 3. any objections may be filed, in writing, to the City Clerk at least five (5) days prior to the 8 Public Hearing; and 9 4. the fine of $100.00 shall be assessed to the owner(s) of said properties in addition to any 10 costs incurred for the abatement process; and 11 5. said properties shall be placed on the repeat offender registry for a period of three (3) years; 12 and 13 6. the notice of Public Hearing on the matter, as required by law, will be provided in a 14 publication of general circulation, by certified mail, and by signage on the subject properties. 15 16 ADOPTED THIS 2ND DAY OF JULY, 2024. 17 18 19 20 By: Lora Lee Boone, President 21 Prattville City Council 22 23 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 24 25 26 27 By: Paula G. Barlow 28 City Clerk 29 30 APPROVED: 31 32 33 34 By: Bill Gillespie, Jr. 35 Mayor 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 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Set a Public Hearing to Grant a Restaurant Retail Liquor License to Texas Roadhouse 3 Holding LLC, d/b/a Texas Roadhouse.] 4 5 {Sponsored By: Councilor Chambers} 6 7 WHEREAS, pursuant to Chapter 6, Section 6-3(a) of the City of Prattville Code of 8 9 Ordinances, a public hearing shall be set to allow public comment for licenses including 10 11 Restaurant Retail Liquor licenses; and 12 13 WHEREAS, Texas Roadhouse Holding LLC, d/b/a Texas Roadhouse, located at 2621 14 15 Legends Parkway, Prattville, AL 36066, has made application for said license. 16 17 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18 19 hereby sets a Public Hearing for August 6, 2024, at 6:00 p.m. in the Council Chambers at City 20 21 Hall for said license application. 22 23 ADOPTED THIS 2ND DAY OF JULY, 2024. 24 25 26 27 By: Lora Lee Boone, President 28 Prattville City Council 29 30 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 31 32 33 34 By: Paula G. Barlow 35 City Clerk 36 37 APPROVED: 38 39 40 41 By: Bill Gillespie, Jr. 42 Mayor 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Surplus Various Equipment from the Information Technology Department.] 3 4 {Sponsored By: Councilor Whaley} 5 6 WHEREAS, the City of Prattville, Alabama, has certain items of personal property 7 8 which are no longer needed for public or municipal purposes; and 9 10 WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the 11 12 municipal governing body to dispose of unneeded personal property. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 15 16 that the computers, monitors, desktop phones and other electronic devices shown in 17 18 attachment “A”, owned by the City of Prattville, Alabama, are no longer needed for public or 19 20 municipal purposes and said property shall be removed from the inventory of the Information 21 22 Technology Department: 23 24 BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sell said 25 26 equipment through any appropriate means and that proceeds from said equipment be 27 28 deposited into the General Fund. If said surplus items are determined to be of no value, the 29 30 Mayor has authority to scrap or dispose of said equipment for and on behalf of the City of 31 32 Prattville. 33 34 ADOPTED THIS 2ND DAY OF JULY, 2024. 35 36 37 38 By: Lora Lee Boone, President 39 Prattville City Council 40 41 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 42 43 44 45 By: Paula G. Barlow 46 City Clerk 47 48 APPROVED: 49 50 51 52 By: Bill Gillespie, Jr. 53 Mayor 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 1 2 3 4 5 6 7 FIRST INTRODUCED JUNE 4, 2024 ORDINANCE [To Rezone Property Located Inside the Corporate Limits at 201 Wetumpka Street from R-2 (Single Family Residential) to O-1 (Office District) (Owner: South Central Bell Telephone Company, Petitioner: City of Prattville).] {Sponsored By: Councilor Jackson} 8 9 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10 11 THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 12 13 hereby amended to reclassify the property described in Attachment “A” from R-2 to O-1; and 14 15 THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 16 17 Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 18 19 City of Prattville, and that the City Council at its Public Hearing on July 2, 2024, at 6:00 p.m., 20 21 considered said proposed Ordinance and that at such time and place all persons who desired 22 23 had an opportunity to be heard in favor of or in opposition to such Ordinance. 24 25 ALL other items and provisions of the zoning ordinance not herein specifically amended 26 27 shall remain in full force and effect. 28 29 THE amendments herein contained were considered and recommended by the City of 30 31 Prattville Planning Commission on May 16, 2024. 32 33 THIS Ordinance shall become effective upon its passage and execution as provided by 34 35 law. 36 37 ADOPTED THIS 2ND DAY OF JULY, 2024. 38 39 40 41 By: Lora Lee Boone, President 42 Prattville City Council 43 44 AUTHENTICATED THIS 2ND DAY OF JULY, 2024. 45 46 47 48 By: Paula G. Barlow 49 City Clerk 50 51 APPROVED: 52 53 54 55 By: Bill Gillespie, Jr. 56 Mayor 57 58 59 60 61 62 63 ORDINANCE BOOK 2024, PAGE ___ 64 1 2 3 4 5 6 7 FIRST INTRODUCED JUNE 4, 2024 ORDINANCE [To Rezone Property Located Inside the Corporate Limits at 819 Smith Avenue from B-1 (Neighborhood Commercial) to B-2 (General Business) (Owner: Vinson Family Enterprises LLC, Petitioner: City of Prattville).] {Sponsored By: Council President Pro Tempore Strichik} 8 9 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10 11 THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 12 13 hereby amended to reclassify the property described in Attachment “A” from B-1 to B-2; and 14 15 THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 16 17 Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 18 19 City of Prattville, and that the City Council at its Public Hearing on July 2, 2024, at 6:00 p.m., 20 21 considered said proposed Ordinance and that at such time and place all persons who desired 22 23 had an opportunity to be heard in favor of or in opposition to such Ordinance. 24 25 ALL other items and provisions of the zoning ordinance not herein specifically amended 26 27 shall remain in full force and effect. 28 29 THE amendments herein contained were considered but not recommended by the City 30 31 of Prattville Planning Commission on May 16, 2024. 32 33 THIS Ordinance shall become effective upon its passage and execution as provided by 34 35 law. 36 37 ADOPTED THIS 2ND DAY OF JULY, 2024. 38 39 40 41 By: Lora Lee Boone, President 42 Prattville City Council 43 44 AUTHENTICATED THIS 2ND DAY OF JULY, 2024. 45 46 47 48 By: Paula G. Barlow 49 City Clerk 50 51 APPROVED: 52 53 54 55 By: Bill Gillespie, Jr. 56 Mayor 57 58 59 60 61 62 63 ORDINANCE BOOK 2024, PAGE ___ 64 ORDINANCE 1 2 [To Repeal Chapter 22 Article II. Emergency Preparedness, and all its Amendments and 3 Replace it with Chapter 22 - Article I. - Emergency Management: Civil Defense; Disaster and 4 Emergency Preparedness 22-1 through 22-19, Inclusive.] 5 6 {Sponsored By: Councilor Chambers} 7 8 BE IT ORDAINED by the City Council of the City of Prattville that Chapter 22, Article II., 9 10 Emergency Preparedness, City of Prattville Code of Ordinances is hereby repealed. 11 12 BE IT FURTHER ORDAINED by the City Council that Chapter 22, , Article I. 13 14 Emergency Management: Civil Defense; Disaster and Emergency Preparedness, of the City 15 16 of Prattville Code of Ordinances is hereby established as follows: 17 18 Sec. 22-1. Definitions. 19 The following definitions shall apply in the interpretation of this chapter: 20 (1) Emergency Management, in its broad meaning, is to carry out the basic government 21 functions of maintaining the public peace, health, and safety during a disaster, as 22 defined herein. This shall include plans and preparations for protection from, and relief, 23 recovery and rehabilitation from, the effects of an attack upon the City by the forces of 24 an enemy nation or the agents thereof, and it shall also include such activity in 25 connection with disaster as defined herein. It shall not, however, include any activity 26 that is the primary responsibility of the military forces of the United States. 27 (2) Attack shall mean a direct or indirect assault against the City of Prattville, its 28 government, its environs, or of the nation, by the forces of a hostile nation or the 29 agents thereof, including assault by bombing, radiological, chemical or biological 30 warfare, or sabotage. 31 (3) Disaster includes, but is not limited to, actual or threatened enemy attack, sabotage, 32 natural, man-made or technological occurrences, epidemic or other impending or 33 actual calamity endangering or threatening to endanger health, life or property or 34 constituted government. 35 (4) Emergency management forces shall mean the employees, equipment, and facilities 36 of all City departments, boards, institutions and commissions; and, in addition, it 37 shall include all volunteer personnel, equipment, and facilities contributed by, or 38 obtained from, volunteer persons or agencies and any personnel, equipment, and 39 facilities obtained through contract or agreement. 40 (5) Volunteer shall mean contributing a service, equipment or facilities to the emergency 41 management organization without remuneration. 42 (6) Emergency management volunteer shall mean any person duly registered, identified 43 and appointed by the Mayor or his designee. 44 (7) Director shall mean the Mayor or any person designated by the Mayor. 45 (8) Regulations shall include plans, programs and other emergency procedures deemed 46 essential to emergency management. 47 (9) Curfew shall mean a prohibition against any one or more persons walking, running, 48 loitering, standing, motoring, or being present or remaining upon any alley, street, 49 highway, public property, or vacant premises within the City or any portion thereof, 50 except persons officially designated to duty with reference to a disaster or attack. 51 52 Sec. 22-2. Organization. 53 (a) The Mayor of the City is hereby authorized and directed to utilize to the fullest extent the 54 existing agencies within this City to comprise an organization for emergency 55 management, and, as executive head of the municipal government, shall be responsible 56 for their organization, administration and operations. 57 (b) The City's emergency management organization shall consist of the following: 58 (1) The employees, equipment and facilities of all City departments, boards, institutions 59 and commissions. Duties assigned to a City department, board, institution or 60 commission shall be as directed by Mayor. 61 (2) Volunteer persons and agencies offering service to, and accepted by, the City. 62 63 (c) In order that there will always and at all times be an executive head of government in 1 charge of the City, there shall be included in the emergency management operational 2 survival plan a chain of command for succession to the office of Mayor, and this chain of 3 command shall be utilized whenever the Mayor is unavailable or unable to exercise 4 direction and control of City forces in the event of an emergency. 5 6 State law reference(s)—Local organizations, Code of Ala. 1975, § 31-9-10. 7 8 Sec. 22-3. Emergency powers and duties of the Mayor. 9 (a) The Mayor may, in the event of a disaster as defined in this chapter, exercise the 10 emergency power and authority necessary to fulfill his general duties, as defined 11 elsewhere in this Code, or applicable state law. The council may convene to perform its 12 legislative and administrative powers as the situation demands, and shall receive reports 13 relative to emergency management activities. Nothing in this chapter shall be construed 14 as abridging or curtailing the powers or authority of the council as defined elsewhere in 15 this Code, or other appropriate authorities. 16 (b) During any period when disaster threatens or when the City has been struck by disaster, 17 within the definition of this chapter, the Mayor may promulgate such regulations as he 18 deems necessary to protect life and property and preserve critical resources. Such 19 regulations may include, but not be limited to, the following: 20 (1) Regulations prohibiting or restricting the movement of vehicles in order to facilitate 21 the work of emergency management forces, or to facilitate the mass movement of 22 persons from critical areas within or without the City. 23 (2) Regulations pertaining to the movement of persons from areas deemed to be 24 hazardous or vulnerable to disaster. 25 (3) Such other regulations necessary to preserve the public peace, health and safety. 26 (4) Regulations promulgated in accordance with the authority above will be given 27 widespread circulation by proclamations published and uttered by newspaper, City 28 website(s) and radio. 29 (c) The Mayor may order emergency management forces to the aid of other political 30 subdivisions of the state when required, in accordance with the statutes of the state, and 31 he may request the state, or a political subdivision of the state, to send aid to the City in 32 case of disaster when conditions in the City are beyond control of the City, as determined 33 by the Mayor. 34 (d) The Mayor may obtain vital supplies, equipment and other properties found lacking and 35 needed for the protection of health, life and property of the people, and bind the City for 36 the fair value thereof. 37 (e) The Mayor may require emergency services of any City officer or employee. If regular 38 City forces are determined by the Mayor to be inadequate, he may require the services 39 of such other personnel as he can obtain that are available, including citizen volunteers. 40 To the extent provided or allowed by law, all duly authorized persons rendering 41 emergency services shall be entitled to any privileges and immunities as may be 42 provided by state law and City ordinances for regular City employees, and other 43 registered and identified emergency management and disaster workers, and in the case 44 of other than citizen volunteers, may receive appropriate compensation for their 45 emergency employment. 46 (f) The Mayor will cause to be prepared the "Emergency Management Operational Survival 47 Plan" herein referred to. This plan shall provide for the effective utilization of all 48 resources, both public and private, of the City. 49 State law reference(s)—Authority of Mayor to close firearm shops and places of amusement, 50 Code of Ala. 1975, §§ 11-43-82, 11-51-102; authority to appoint director of civil defense, 51 Code of Ala. 1975, § 31-9-10(a). 52 53 Sec. 22-4. Emergency management and disaster plan. 54 (a) As heretofore provided, a comprehensive emergency management and disaster plan 55 may be adopted and maintained by resolution of the council upon the recommendation of 56 the Mayor. In the preparation of this plan as it pertains to City organization, it is the intent 57 that the services, equipment, facilities and personnel of all existing and future 58 departments and agencies shall be utilized to the fullest extent. When approved, it shall 59 be the duty of all municipal departments and agencies to perform the functions assigned 60 them by the plan and to maintain their portion of the plan in a current state of readiness 61 at all times. 62 63 (b) Each department head assigned responsibility in the basic plan will be responsible for 1 carrying out all duties and functions assigned therein. Duties will include the organization 2 and training of assigned City employees. Each department head may formulate an 3 operational plan for his service, which, when approved, shall be an annex to and a part 4 of the basic plan. In addition, each department head shall designate and include as part 5 of his annex a list of at least two (2) persons as successors to his position. The list will be 6 in order of succession and will as nearly as possible designate persons best capable of 7 carrying out all assigned duties and functions. 8 (c) Such changes in the basic plan which may be necessary after its original adoption by the 9 commission board shall be presented by the Mayor to the board and become effective 10 upon approval by the council. 11 (d) When a required competency or skill for a disaster function is not available within the City 12 government, the Mayor is authorized to seek assistance from persons outside City 13 government. When such persons are assigned duties of a supervisory nature, these 14 persons assigned are authorized to carry out these duties prior to, during, and after the 15 occurrence of a disaster. Such services from persons outside City government may be 16 accepted by the City on a volunteer basis. Such citizens shall be enrolled as emergency 17 management volunteers in cooperation with the heads of City departments affected. 18 (e) The emergency management and disaster plan shall be updated at the beginning of 19 each calendar year. 20 21 Sec. 22-5. No municipal or private liability. 22 (a) Neither the City nor its agents and representatives, or, except in cases of willful 23 misconduct, gross negligence, or bad faith, any individual, receiver, firm, partnership, 24 corporation, association, or trustee, or any of the agents thereof, in good faith carrying 25 out, complying with or reasonably attempting to comply with any order, rule or regulation 26 promulgated pursuant to the provisions of this chapter, shall be liable for any damage 27 sustained to persons or property as a result of such activity. The provisions of this 28 Section shall not affect the right of any person to receive benefits to which he would 29 otherwise be entitled under the Workmen's Compensation Law, Pension Law, and Acts 30 of Congress. 31 (b) Any person owning or controlling real estate or other premises who voluntarily and 32 without compensation grants the City the right to inspect, designate and use the whole or 33 any part or parts of such real estate or premises for the purpose of sheltering persons 34 during an actual, impending or practice enemy attack, or disaster as defined in this 35 chapter, shall not be civilly liable for the death of, or injury to, any persons on or about 36 such real estate or premises under such license, privilege or other permission, or for the 37 loss of or damage to the property of such person. 38 39 Sec. 22-6. Violation of regulations. 40 It shall be unlawful for any person, firm or corporation to violate any of the provisions of this 41 chapter, or of the regulations or plans issued pursuant to the authority contained herein, or to 42 willfully obstruct, hinder or delay any member of the emergency management organization as 43 herein defined, in the enforcement of the provisions of this chapter or any regulation or plan 44 issued thereunder. 45 46 Sec. 22-7. Severability. 47 Should any provision of this chapter be declared invalid for any reason, such declaration shall 48 not affect the validity of other provisions, or of this chapter as a whole, it being the legislative 49 intent that the provisions of this chapter shall be severable and remain valid notwithstanding 50 such declaration. 51 52 Sec. 22-8. Penalty. 53 Any person, firm or corporation violating any provision of this chapter, or any rule or 54 regulation promulgated thereunder, upon conviction thereof, shall be punished as set out in 55 Sections 1-8 of the Code of Ordinances. 56 57 Sec. 22-9. Repealer. 58 This chapter shall supersede any and all previous provisions relating to civil defense, and all 59 provisions in conflict with this chapter, or relating to the subject of civil defense, are hereby 60 repealed. 61 62 Sec. 22-10. Reserved. 63 64 Sec. 22-11. Curfew. 1 (a) After an official proclamation of a disaster in writing by the Mayor, or in the event of an 2 attack or impending attack, the Mayor shall have the power and authority to issue a 3 written order of curfew applicable to geographical areas of the City which are or will be 4 impacted by the disaster or attack, or to the City as a whole as he deems advisable. The 5 curfew shall be applicable for a specified period of hours of the day and/or night as he 6 deems necessary in the interest of the public safety and welfare. 7 The curfew shall remain in effect for the time period stated in the order and in no event shall it 8 exceed one hundred twenty (120) hours or the next regularly scheduled City council meeting 9 whichever shall occur first. The City council may extend or terminate any order of curfew by 10 ordinance duly enacted. 11 (b) In the event that the Mayor orders a curfew, it shall be unlawful for any person to violate 12 the curfew order, except for persons who are officially designated to duty with reference 13 to the disaster or attack. 14 (c) This grant of Mayoral power and authority is pursuant to Code of Alabama 1975, §§ 11-15 45-1 and 31-9-10, which confers upon municipal corporations and political subdivisions 16 the power and authority to provide for the health and safety of persons and property, 17 which is an exercise of police powers 18 19 Secs. 22-12 - 22-19. – Reserved. 20 21 Article II. Reserved 22 23 Secs. 22-20 - 22-51. – Reserved. 24 25 THIS Ordinance shall become effective upon its passage and execution as provided by 26 27 law. 28 29 ADOPTED THIS 2ND DAY OF JULY, 2024. 30 31 32 33 By: Lora Lee Boone, President 34 Prattville City Council 35 36 AUTHENTICATED THIS 2ND DAY OF JULY, 2024. 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 ORDINANCE BOOK 2024, PAGE ____ 64 1 2 3 4 5 6 RESOLUTION [To Set a Public Hearing to Rezone Property Located Inside the Corporate Limits at 334 Old Farm Lane from B-2 (General Business) and R-3 (Single Family Residential) to INST (Institutional) (Owner: Prattville Lutheran Mission, Petitioner: David Slocum).] {Sponsored By: Councilor Whaley} 7 8 WHEREAS, David Slocum is the petitioner of the property described in Attachment 9 10 “A”; and 11 12 WHEREAS, said property to be rezoned is located inside the Corporate Limits at 334 13 14 Old Farm Lane; and 15 16 WHEREAS, the petitioner wishes to rezone the approximate 8.78 acres property from 17 18 B-2 and R-3 to INST; and19 20 WHEREAS, a Public Hearing on the proposed rezoning was held by the City of Prattville 21 22 Planning Commission on June 20, 2024; and 23 24 WHEREAS, the Planning Commission did recommend the zoning of said property, as 25 26 described in Attachment “A”, be amended from B-2 and R-3 to INST. 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 29 30 a Public Hearing is set for August 6, 2024, at 6:00 p.m. at Prattville City Hall. 31 32 33 STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 34 THE NEXT PAGE 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED ORDINANCE 51 52 Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53 54 is hereby given by the City Council of the City of Prattville, Alabama, that at the regular meeting 55 56 of said City Council on July 2, 2024, at Prattville City Hall, 101 West Main Street, Prattville, 57 58 Alabama, the following proposed ordinance was introduced. 59 60 61 62 Paula G. Barlow 63 City Clerk 64 ORDINANCE 1 2 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 3 4 THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 5 6 hereby amended to reclassify the property described in Attachment “A” from B-2 and R-3 to 7 8 INST; and 9 10 THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 11 12 Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 13 14 City of Prattville, and that the City Council at its Public Hearing on August 6, 2024, at 6:00 p.m., 15 16 considered said proposed Ordinance and that at such time and place all persons who desired 17 18 had an opportunity to be heard in favor of or in opposition to such Ordinance. 19 20 ALL other items and provisions of the zoning ordinance not herein specifically amended 21 22 shall remain in full force and effect. 23 24 THE amendments herein contained were considered and recommended by the City of 25 26 Prattville Planning Commission on June 20, 2024. 27 28 THIS Ordinance shall become effective upon its passage and execution as provided by 29 30 law. 31 32 ADOPTED THIS 2ND DAY OF JULY, 2024. 33 34 35 36 By: Lora Lee Boone, President 37 Prattville City Council 38 39 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 40 41 42 43 By: Paula G. Barlow 44 City Clerk 45 46 APPROVED: 47 48 49 50 By: Bill Gillespie, Jr. 51 Mayor 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Authorize the Release of Funds for the Purchase of One (1) Spartan/E-One Rescue 3 Pumper Demo Build through the H-GAC Purchasing Cooperative, Contract FS12-23, from 4 Sunbelt Fire, Inc. for the Fire Department at a Cost Not to Exceed $757,136.00.] 5 6 {Sponsored By: Councilor Chambers} 7 8 WHEREAS, the Fire Department has identified a need to purchase one (1) Spartan/E- 9 10 One Rescue Pumper; and 11 12 WHEREAS, an opportunity is available to purchase a demo built unit to avoid the 13 14 pending cost increase of the unit; and 15 16 WHEREAS, said pumper is available through the H-GAC Purchasing Cooperative, 17 18 Contract FS12-23, from Sunbelt Fire, Inc. at a cost not to exceed $757,136.00; and 19 20 WHEREAS, there is an estimated lead time of eighteen to twenty-four months to 21 22 receive said pumper, thereby requiring approval to purchase in FY2024 and delivery and 23 24 payment of said pumper in FY2026. 25 26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 27 28 that funds in an amount not to exceed $757,136.00 for the purchase of said pumper are hereby 29 30 authorized and approved to be paid to Sunbelt Fire, Inc., and said funds will be approved and 31 32 appropriated from FY2026 Budget Line Item Fire/ Capital Outlay. 33 34 ADOPTED THIS 2ND DAY OF JULY, 2024. 35 36 37 38 By: Lora Lee Boone, President 39 Prattville City Council 40 41 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 42 43 44 45 By: Paula G. Barlow 46 City Clerk 47 48 APPROVED: 49 50 51 52 By: Bill Gillespie, Jr. 53 Mayor 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 1 2 3 4 5 6 7 RESOLUTION [To Authorize the Mayor to Enter into a Software and Services Agreement with Tyler Technologies, Inc. for Implementation and Service for a Period of Three (3) Years for the Enterprise ERP Software Package at an Initial Cost Not to Exceed $450,000.00 and Annually Not to Exceed $200,000.00.] {Sponsored By: Council President Pro Tempore Strichik}8 9 WHEREAS, the City has a need for an upgrade to the current financial and Human 10 11 Resources/Payroll software package; and 12 13 WHEREAS; the City’s needs have outgrown what the current system is capable of 14 15 providing; and 16 17 WHEREAS; Tyler Technologies, Inc. has the technology that best fits the current and 18 19 future needs of the City at an initial cost not to exceed $450,000.00, and annually not to 20 21 exceed $200,000.00; and 22 23 WHEREAS, §41-16-51(a)(5), Code of Alabama, 1975, as amended, allows contracts for 24 25 26 27 28 29 fiscal or financial advice or services to be let without competitive bidding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that the Mayor is hereby authorized to enter into a three (3) year agreement with Tyler Technologies,30 31 Inc. for said products and services at an initial cost not to exceed $450,000.00 and annually32 33 not to exceed $200,000.00, and said funds will be approved and appropriated from FY2025 34 35 Budget Line Items Information Technology/ Software Upgrade and Information Technology/ 36 37 Software Support. 38 39 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 40 41 all documents necessary to carry out the intent of this Resolution. 42 43 ADOPTED THIS 2ND DAY OF JULY, 2024. 44 45 46 47 By: Lora Lee Boone, President 48 Prattville City Council 49 50 AUTHENTICATED THIS THIS 2ND DAY OF JULY, 2024. 51 52 53 54 By: Paula G. Barlow 55 City Clerk 56 57 APPROVED: 58 59 60 61 By: Bill Gillespie, Jr. 62 Mayor 63 RESOLUTION BOOK 2024-A, PAGE ___ 64