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_Draft Council Agenda Packet 06-02-2020 AGENDA PRATTVILLE CITY COUNCIL TUESDAY, JUNE 2, 2020 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: ROLL CALL: CALL TO ORDER: THE CHARACTER TRAIT OF THE MONTH IS RESILIENCE: Recovering from adversity. APPROVAL OF MINUTES: City Council Meeting May 19, 2020; Special Called Telephone Conference Meeting May 22, 2020 COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: MAYOR’S REPORT: REPORT FROM COUNCIL ON SPECIAL COMMITTEES: AGENDA: 1. RESOLUTION: To Authorize the Mayor to have Various Weeded Lots Abated per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended. (Sponsored By: Councilor Starnes) 2. RESOLUTION: To Grant a Lounge Retail Liquor - Class II (Package) License to Sunday, Inc. d/b/a Jacks Liquor and Tobacco Outlet. (Sponsored By: Councilor Starnes) 3. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 26-Fire Prevention and Protection, Article II-Fire Prevention Code, Division 5-Fire Precautions, Section 126-165. Sale, Purchase, Possession, and Explosion of Fireworks and Pyrotechnics. (Sponsored By: Councilor Starnes) COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN The next City Council meeting is scheduled for Tuesday, June 16, 2020 at 6:00 p.m. 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 2020, 17 18 Page 048, that the abundance of overgrown grass and weeds at various addresses in the 19 20 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 inspected 31 32 the properties listed in Resolution Book 2020, Page 048, adopted on April 28, 2020, and 33 34 determined that the public nuisance still exists; and 35 36 WHEREAS, the City Council of the City of Prattville held the required public hearing 37 38 at 6:00 p.m. on June 2, 2020, permitting the owners of same properties listed in Resolution 39 40 Book 2020, Page 048, 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 45 46 Prattville declares that the abundance of overgrown grass and weeds on the properties 47 48 continue to be a public nuisance: 49 50 • 103 NOCCALULA CT- Martinez, Lance K, 103 Noccalula Ct, Prattville, AL 36067 51 (18-06-14-0-000-001.042) 52 • 1039 GIPSON ST- Hutson, Glen M, 644 Gray Stone Ln, Richardson, TX 75081 53 (19-02-10-3-011-013.000) 54 • 869 NEWTON ST- Astin, Angela D, 780 County Road 58, Prattville, AL 360676 55 (19-02-10-3-014-006.000) 56 • 202 EVERGREEN ST- Shaw, Anthony C, 202 Evergreen Street, Prattville, AL 36067 57 (19-04-17-2-000-005.012) 58 • 230 CLUBVIEW DR- Hackett, Patricia Ann, 230 Clubview Dr, Prattville, AL 36067 59 (19-04-20-1-005-007.000) 60 • 140 THAMES DR- Hale Roy Eugene Jr. & Towanna, 140 Thames Dr, Prattville, AL 36066 61 (19-06-14-4-005-005.000) 62 • 614 VINDALE RD- Douglass, Truman P & Alicia S, 614 Vindale Rd, Prattville, AL 36067 63 (19-05-16-3-001-001.100) 64 • 170 IMOGENE ST- Mizusawa, Hermanno M & Karen M, 61 Little Back River Road, Hampton, VA 1 23669 2 (19-05-16-4-005-015.000) 3 • 1915 COBBS FORD RD- Cole Bu Portfolio II LLC, 2325 E Camelback Rd, 9th Floor, Phoenix, AZ 4 85016 5 (19-01-12-2-001-001.005) 6 • 509 BOXWOOD RD- Hall, WM. S. & Charlotte B., 509 Boxwood Rd, Prattville, AL 36067 7 (19-02-09-1-003-001.000) 8 • 1019 OATES RD- Barrett, Karen M., 1123 Oates Rd, Prattville, AL 36066 9 (19-05-15-2-002-020.000) 10 11 BE IT FURTHER RESOLVED that: 12 13 The Mayor shall have the overgrown grass and weeds on the property listed above cut or 14 15 removed using city forces or private contractors. Any property owner shall have the right to 16 17 have any weeds removed at his or her own expense provided the removal is done prior to the 18 19 commencement of work by employees or agents of the City of Prattville. The Mayor shall 20 21 keep an accounting of all costs related to the removal of overgrown grass and weeds and 22 23 report such cost to the City Council following their removal. 24 25 ADOPTED THIS 2ND DAY OF JUNE, 2020. 26 27 28 ______________________ 29 By: Albert Striplin, President 30 Prattville City Council 31 32 AUTHENTICATED THIS 2ND DAY OF JUNE, 2020. 33 34 35 ____________________ 36 By: Cathy Dickerson 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 2020, PAGE ____ 64 RESOLUTION 1 2 [To Grant a Lounge Retail Liquor - Class II (Package) License to Sunday, Inc. d/b/a Jacks 3 Liquor and Tobacco Outlet.] 4 5 {Sponsored By: Councilor Starnes} 6 7 WHEREAS, Sunday, Inc. d/b/a Jacks Liquor and Tobacco Outlet has applied for 8 9 a Lounge Retail Liquor - Class II (Package) License for a business located at 402A S. 10 11 Washington Street, Prattville, Alabama 36067; and 12 13 WHEREAS, a public hearing was set by Resolution Book 2020, Page 052 and held 14 15 June 2, 2020 at 6:00 p.m. and that at such time and place all persons who desired had an 16 17 opportunity to be heard in favor of or in opposition to such Resolution. 18 19 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20 21 hereby approves the issuance of a Lounge Retail Liquor - Class II (Package) License for the 22 23 business located at 402A S. Washington Street, Prattville, Alabama 36067, to Sunday, Inc. 24 25 d/b/a Jacks Liquor and Tobacco Outlet. 26 27 ADOPTED THIS 2ND DAY OF JUNE, 2020. 28 29 30 ______________________ 31 By: Albert Striplin, President 32 Prattville City Council 33 34 AUTHENTICATED THIS 2ND DAY OF JUNE, 2020. 35 36 37 ____________________ 38 By: Cathy Dickerson 39 City Clerk 40 41 APPROVED: 42 43 44 ____________________ 45 By: Bill Gillespie, Jr. 46 Mayor 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2020, PAGE ____ 64 ORDINANCE 1 2 [To Amend City of Prattville Code of Ordinances, Chapter 26-Fire Prevention and Protection, 3 Article II-Fire Prevention Code, Division 5-Fire Precautions, Section 126-165. Sale, Purchase, 4 Possession, and Explosion of Fireworks and Pyrotechnics.] 5 6 {Sponsored By: Councilor Starnes} 7 8 BE IT ORDAINED by the City Council of the City of Prattville that City of Prattville 9 10 Code of Ordinances, Chapter 26-Fire Prevention and Protection, Article II-Fire Prevention 11 12 Code, Division 5-Fire Precautions, Section 126-165. Sale, Purchase, Possession, and 13 14 Explosion of Fireworks and Pyrotechnics is hereby amended to read as follows: 15 16 Sec. 26-165. - Sale, purchase, possession, and explosion of fireworks and pyrotechnics. 17 18 (a) Definition. When used in this division, the term "fireworks" or "pyrotechnics" means and includes one or 19 more of the following: 20 (1) Sparklers; 21 (2) Squibs; 22 (3) Rockets; 23 (4) Firecrackers; 24 (5) Roman candles; 25 (6) Fire balloons; 26 (7) Signal lights; 27 (8) Torpedoes; 28 (9) Torpedo caps; 29 (10) Railroad and track torpedoes; 30 (11) Flashlight compositions; 31 (12) Firecrackers of all kinds; or 32 (13) Other devices or compositions which are used to obtain visible or audible pyrotechnic displays. 33 (b) Possession. It shall be unlawful for any person to have in possession, keep, store, use, manufacture, sell, 34 offer for sale, give away, or handle any pyrotechnics within the corporate limits of the city; provided, however, 35 nothing in this section shall be held to apply to articles manufactured for use as signaling devices and used 36 as such in the operation of railroads, boats, or airplanes, or other required emergency purposes; and provided 37 further, nothing in this section shall be held to apply to a normal supply of flashlight compositions in the hands 38 of photographers or dealers in photographic supplies. Exceptions: This section shall be forever waived for 39 the purpose of the annual Independence Day celebration sponsored by the city. 40 State Law reference— Fireworks, Code of Ala. 1975, § 8-17-210 et seq.; fireworks dealer's license, Code of Ala. 41 1975, § 40-12-102. 42 This ordinance shall become effective upon its passage and execution as provided by law. 43 44 Each of the provisions of this ordinance are severable; and if any provision shall be declared 45 46 to be invalid, the remaining provisions shall not be affected but shall remain in full force. 47 48 All ordinances, or parts of ordinances, in any manner conflicting here with are hereby repealed. 49 50 ADOPTED THIS 2ND DAY OF JUNE, 2020. 51 52 53 ________________________ 54 By: Albert Striplin, President 55 Prattville City Council 56 57 58 59 60 AUTHENTICATED THIS 2ND DAY OF JUNE, 2020. 1 2 3 ________________________ 4 By: Cathy Dickerson 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 ORDINANCE BOOK 2020, PAGE _____ 64