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DRAFT PH Agenda Packet December 7, 2021 PUBLIC HEARING AGENDA PRATTVILLE CITY COUNCIL TUESDAY, DECEMBER 7, 2021 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: Council President Starnes) 2. ORDINANCE: To Rezone Property Located East of Scenic Hills Subdivision and West of Cooter’s Pond from FAR (Forest, Agriculture, Recreation) to R-5 (Patio Garden Homes) (Petitioners/Owners: John L. and Shelia Carroll) (Representative: Barrett-Simpson, Inc.) (Sponsored By: Council Pro Tempore Boone) 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: Council President 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, 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 2021-A, Page 197, 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, Code of Alabama, 1975, as amended, 25 26 was provided in the Montgomery Advertiser, by certified mail, and by signage on the subject 27 28 property; and 29 30 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 31 32 said properties and determined that the public nuisance still exists; and 33 34 WHEREAS, the City Council held the required public hearing at 6:00 p.m. on 35 36 December 7, 2021, permitting the owners of said properties to present evidence, objections, 37 38 and protest regarding the proposed removal of weeds. 39 40 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 41 42 declares that the abundance of overgrown grass and weeds on the properties continue to be 43 44 a public nuisance: 45 46 • 401 Cargill Street- Briones Stephanie & William C Foster II, 401 Cargill Street, 47 Prattville, AL 36067 48 (19 03 06 4 000 001.030) 49 • 400 Block of East 6th Street- Rudolph Neva Mae c/o Farris Herman, 2426 Stuart 50 Street, Indianapolis, IN 46208 51 (19 02 09 3 004 007.000) 52 • 139 Thames Drive- Jenkins Charles P Sr & Linda, 139 Thames Drive, Prattville, AL 53 36066 54 (19 06 14 4 004 020.000) 55 56 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and 57 58 weeds on the property listed above cut or removed using city forces or private contractors. 59 60 Any property owner shall have the right to have any weeds removed at his or her own 61 62 expense provided the removal is done prior to the commencement of work by employees or 63 agents of the City of Prattville. The Mayor shall keep an accounting of all costs related to the 1 2 removal of overgrown grass and weeds and report such cost to the City Council following 3 4 their removal. 5 6 ADOPTED THIS 7TH DAY OF DECEMBER, 2021. 7 8 9 ______________________________ 10 By: Gerald “Jerry” Starnes, President 11 Prattville City Council 12 13 AUTHENTICATED THIS 7TH DAY OF DECEMBER, 2021. 14 15 16 ______________________________ 17 By: Paula G. Barlow 18 City Clerk 19 20 APPROVED: 21 22 23 ______________________________ 24 By: Bill Gillespie, Jr. 25 Mayor 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 2021-A, PAGE 64 ORDINANCE 1 2 [To Rezone Property Located East of Scenic Hills Subdivision and West of Cooter’s Pond 3 from FAR (Forest, Agricultural, Recreation) to R-5 (Patio Garden Homes) (Owners: John L. 4 and Shelia Carroll) (Representative: Barrett-Simpson, Inc.).] 5 6 {Sponsored By: Council President Pro Tempore Boone} 7 8 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 9 10 THAT the zoning ordinance of the City of Prattville, Alabama, adopted on February 10, 11 12 1950, subsequently amended from time to time, and the zoning map adopted on May 1, 1987, 13 14 are hereby amended to reclassify the property described in Attachment “A” from FAR (Forest, 15 16 Agricultural, Recreation) to R-5 (Patio Garden Homes); and 17 18 THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the 19 20 Montgomery Advertiser, a newspaper of general circulation within the City Limits of the City of 21 22 Prattville, and that the City Council of the City of Prattville, at its Public Hearing on December 23 24 7, 2021, at 6:00 p.m., considered said proposed ordinance and that at such time and place all 25 26 persons who desired had an opportunity to be heard in favor of or in opposition to such 27 28 ordinance. 29 30 ALL other items and provisions of the zoning ordinance of the City of Prattville not herein 31 32 specifically amended shall remain in full force and effect. 33 34 THE amendments herein contained were considered and recommended by the City of 35 36 Prattville Planning Commission on October 27, 2021. 37 38 THIS ordinance shall become effective upon its passage and execution as provided 39 40 by law. 41 42 ADOPTED THIS 7TH DAY OF DECEMBER, 2021. 43 44 45 ________________________ 46 By: Gerald “Jerry” Starnes, President 47 Prattville City Council 48 49 AUTHENTICATED THIS 7TH DAY OF DECEMBER, 2021. 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 ORDINANCE BOOK 2021, PAGE 64