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PH Agenda Packet 2019-01-03 PUBLIC HEARING AGENDA PRATTVILLE CITY COUNCIL THURSDAY, JANUARY 3, 2019 6:00 P.M. ROLL CALL: CALL TO ORDER: 1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes) 2. ORDINANCE: To Rezone Property Located at Highway 82 at McQueen Smith Road from PUD (Planned Unit Development) and FAR (Forest, Agricultural, Recreation) to B-2 (General Business). (Petitioner: DHS Holding-4, Inc. & The William Howard Murfee Irrevocable Trust) {Sponsored By: Councilor Cables} HELD FROM DECEMBER 4, 2018 3. ORDINANCE: To Rezone Property Located at McQueen Smith Road South from FAR (Forest, Agriculture, Recreation) to B-2 (General Business). (Petitioner: Bryan Ward) {Sponsored By: Councilor Boone} HELD FROM DECEMBER 4, 2018 RESOLUTION 1 2 [To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the 3 Code of Alabama, 1975, as Amended.] 4 5 {Sponsored By: Councilor Starnes} 6 7 WHEREAS, an abundance of overgrown grass or weeds: 8 9 1. is injurious to the public health, safety and general welfare by providing a breeding 10 ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 11 2. may cause the further spread of weeds; 12 3. may hide debris, such as glass or metal, that could inflict injury on a person going to 13 such property; and 14 4. may also pose a fire hazard and respiratory hazard; and 15 16 WHEREAS, the City Council of the City of Prattville declared in Resolution Book 17 18 2018-A, Page 190, that the abundance of overgrown grass and weeds at various addresses 19 20 in the City of Prattville constituted a public nuisance and set a public hearing to discuss said 21 22 nuisances; and 23 24 WHEREAS, notice, as required by §11-67-62 of the Code of Alabama, 1975, as 25 26 amended, was provided in The Prattville Progress, by certified mail, and by signage on the 27 28 subject property; and 29 30 WHEREAS, the Prattville Police Department Code Enforcement Officer has 31 32 inspected the properties listed in Resolution Book 2018-A, Page 190, adopted on December 33 34 4, 2018, and determined that the public nuisance still exists; and 35 36 WHEREAS, the City Council of the City of Prattville held the required public hearing at 37 38 6:00 p.m. on January 3, 2019 permitting the owners of same properties listed in Resolution 39 40 Book 2018-A, Page 190, to present evidence, objections and protest regarding the proposed 41 42 removal of weeds. 43 44 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 45 46 declares that the abundance of overgrown grass and weeds on the properties continue to be 47 48 a public nuisance: 49 50 • 510 Mimosa Road – Womack David E, 5142 Parkwood Oaks Lane, Mableton GA 30126 51 (19-02-04-4-012-005.000) 52 BE IT FURTHER RESOLVED that: 53 54 The Mayor shall have the overgrown grass and weeds on the property listed above cut or 55 56 removed using city forces or the private contractors listed in Attachment A. Any property 57 58 owner shall have the right to have any weeds removed at his or her own expense provided 59 60 the removal is done prior to the commencement of work by employees or agents of the 61 62 City of Prattville. The Mayor shall keep an accounting of all costs related to the removal of 63 overgrown grass and weeds and report such cost to the City Council following their 1 2 removal. 3 4 ADOPTED THIS 3RD DAY OF JANUARY 2019. 5 6 7 ________________________ 8 By: Albert Striplin, President 9 Prattville City Council 10 11 AUTHENTICATED THIS 3RD DAY OF JANUARY 2019. 12 13 14 ________________________ 15 By: Cathy Dickerson 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 2019, PAGE _____ 64 HELD FROM DECEMBER 4, 2018 1 ORDINANCE 2 3 [To Rezone Property Located at Highway 82 at McQueen Smith Road from PUD (Planned 4 Unit Development) and FAR (Forest, Agricultural, Recreation) to B-2 (General Business).] 5 (Petitioner: DHS Holding-4, Inc. & The William Howard Murfee Irrevocable Trust) 6 7 {Sponsored By: Councilor Cables} 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 adopted on February 10, 12 13 1950, subsequently amended from time to time, and the zoning map adopted on the 1st day 14 15 of May, 1987, are hereby amended to reclassify the property described in Attachment “A” and 16 17 displayed in Attachment “B” from PUD (Planned Unit Development) and FAR (Forest, 18 19 Agricultural, Recreation) to B-2 (General Business); and 20 21 THAT this proposed Ordinance and a synopsis was advertised for two (2) weeks in the 22 23 Prattville Progress, a newspaper of general circulation within the City Limits of the City of 24 25 Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 3rd day 26 27 of January, 2019 at 6:00 p.m., considered said proposed Ordinance and that at such time 28 29 and place all persons who desired had an opportunity to be heard in favor of or in opposition 30 31 to such Ordinance. 32 33 ALL other items and provisions of the zoning ordinance of the City of Prattville not 34 35 herein specifically amended shall remain in full force and effect. 36 37 THE amendments herein contained were considered and recommended by the City of 38 39 Prattville Planning Commission on November 15, 2018. 40 41 THIS Ordinance shall become effective upon its passage and execution as provided 42 43 by law. 44 45 ADOPTED THIS 3RD DAY OF JANUARY 2019. 46 47 48 ________________________ 49 By: Albert Striplin, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 3RD DAY OF JANUARY 2019. 53 54 55 ________________________ 56 By: Cathy Dickerson 57 City Clerk 58 59 60 61 62 63 64 APPROVED: 1 2 3 ________________________ 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 ORDINANCE BOOK 2019, PAGE _____ 64 HELD FROM DECEMBER 4, 2018 1 ORDINANCE 2 3 [To Rezone Property Located at McQueen Smith Road South from FAR (Forest, Agriculture, 4 Recreation) to B-2 (General Business).] 5 (Petitioner: Bryan Ward) 6 7 {Sponsored By: Councilor Boone} 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 adopted on February 10, 12 13 1950, subsequently amended from time to time, and the zoning map adopted on the 1st day 14 15 of May, 1987, are hereby amended to reclassify the property described in Attachment “A” and 16 17 displayed in Attachment “B” from FAR (Forest, Agriculture, Recreation) to B-2 (General 18 19 Business); and 20 21 THAT this proposed Ordinance and a synopsis was advertised for two (2) weeks in the 22 23 Prattville Progress, a newspaper of general circulation within the City Limits of the City of 24 25 Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 3rd day 26 27 of January, 2019, at 6:00 p.m., considered said proposed Ordinance and that at such time 28 29 and place all persons who desired had an opportunity to be heard in favor of or in opposition 30 31 to such Ordinance. 32 33 ALL other items and provisions of the zoning ordinance of the City of Prattville not 34 35 herein specifically amended shall remain in full force and effect. 36 37 THE amendments herein contained were considered and recommended by the City of 38 39 Prattville Planning Commission on November 15, 2018. 40 41 THIS Ordinance shall become effective upon its passage and execution as provided 42 43 by law. 44 45 ADOPTED THIS 3RD DAY OF JANUARY 2019. 46 47 48 ________________________ 49 By: Albert Striplin, President 50 Prattville City Council 51 52 AUTHENTICATED THIS 3RD DAY OF JANUARY 2019. 53 54 55 ________________________ 56 By: Cathy Dickerson 57 City Clerk 58 59 60 61 62 63 64 APPROVED: 1 2 3 ________________________ 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 ORDINANCE BOOK 2019, PAGE 64