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DRAFT PH Packet 2022.11.01 for Public PortalPUBLIC HEARING AGENDA PRATTVILLE CITY COUNCIL TUESDAY, NOVEMBER 1, 2022 6:00 P.M. ROLL CALL. CALL TO ORDER: 1. RESOLUTION: To Authorize the Mayor to have Stagnant Water at 311 Walker Street Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances. (Sponsored By - Councilor Starnes) 2. 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} 3. ORDINANCE: To Amend the City of Prattville Zoning Ordinance. (Sponsored By: Councilor Chambers) 1 2 3 4 5 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 64 RESOLUTION [To Authorize the Mayor to have Stagnant Water at 311 Walker Street Abated Pursuant to Section 46-6, City of Prattville Code of Ordinances.] {Sponsored By: Councilor Starnes} WHEREAS, stagnant water is a public nuisance that is injurious to the public health, safety and general welfare of the community pursuant to Section 46-6, City of Prattville Code of Ordinances; and WHEREAS, §6-5-122 et seq., Code of Alabama, 1975, as amended, permits the City Council of the City of Prattville to declare a public nuisance and abate the same; and WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected the property and determined the existence of stagnant water at 311 Walker Street; and WHEREAS, the Autauga County tax records list the property owner as Moffett Jules M. & Wells Robert Spencer Sr., Trustee of the CMC Trust dated January 22, 2020, with an address of 4565 Highway 14, Millbrook, AL 36054, to parcel number 19 02 10 2 007 010.000; and WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the Code Enforcement Officer sent notice to the owner of the above property in writing on September 16, 2022, to correct, remedy or remove the condition of stagnant water within 10 days; and WHEREAS, the owner of said property has failed and/or refused to correct, remedy or remove the condition of stagnant water after the expiration of said notice; and WHEREAS, the City Council held the required public hearing at 6:00 p.m. on November 1, 2022, permitting the owner of said property to present evidence, objections, and protest regarding the proposed removal of stagnant water; and WHEREAS, Section 46-32, City of Prattville Code of Ordinances, authorizes the City to do such work or make such improvements that are necessary to correct, remedy or remove such condition, pay therefore and charge the expenses incurred to the owner of such lot. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville declares that the stagnant water at 311 Walker Street continues to be a nuisance. BE IT FURTHER RESOLVED the Mayor shall have the stagnant water at 311 Walker Street removed using City forces or private contractors. The property owner shall have the right to remove the stagnant water at his or her own expense provided the removal is done prior to the commencement of work by employees or agents of the City. The Mayor shall keep an accounting of all costs related to this request and report such cost to the City Council following 1 2 3 4 5 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 64 its removal. ADOPTED THIS 1ST DAY OF NOVEMBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 1ST DAY OF NOVEMBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-13, PAGE 1 2 3 4 5 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 64 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} WHEREAS, an abundance of overgrown grass or weeds: 1. is injurious to the public health, safety and general welfare by providing a breeding ground and shelter for rats, mice, snakes, mosquitoes and other vermin; 2. may cause the further spread of weeds; 3. may hide debris, such as glass or metal, that could inflict injury on a person going to such property; 4. may also pose a fire hazard and respiratory hazard; and WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2022- B, Page 199, that the abundance of overgrown grass and weeds at various addresses in the City constituted a public nuisance and set a public hearing to discuss said nuisances; and WHEREAS, notice, as required by §11-67-62, Code of Alabama, 1975, as amended, was provided in the Montgomery Advertiser, by certified mail, and by signage on the subject properties; and WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected said properties and determined that the public nuisance still exists; and WHEREAS, the City Council held the required public hearing at 6:00 p.m. on November 1, 2022, permitting the owners of said properties to present evidence, objections, and protest regarding the proposed removal of weeds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville declares that the abundance of overgrown grass and weeds on the properties continue to be a public nuisance: • 613 Allenville Road - Keen Eric, 613 Allenville Road, Prattville, AL 36067 [19 03 07 4 001 012.000] • 870 Wilberforce Avenue - Thomas Frederick Eugene & Barbara Jean, 870 Wilberforce Avenue, Prattville, AL 36067 [19 03 05 4 011 007.000] • 1265 Adell Street - Deal Michael A & Tammy Sanders c/o CS Equity Partners LLC, 110 12th Street North, Birmingham, AL 35203 [19 02 10 4 008 019.000] BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds on the properties listed above cut or removed using city forces or private contractors. Any property owner shall have the right to have any weeds removed at his or her own expense provided the removal is done prior to the commencement of work by employees or agents of the City. The Mayor shall keep an accounting of all costs related to the removal of overgrown grass and weeds and report such cost to the City Council following their removal. 1 2 3 4 5 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 64 ADOPTED THIS 1ST DAY OF NOVEMBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 1ST DAY OF NOVEMBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor RESOLUTION BOOK 2022-B, PAGE 1 2 3 4 5 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 64 ORDINANCE [To Rezone Property Located Inside the City Limits at 1099 Doster Road from FAR (Forest, Agriculture, Recreation) to M-2 (General Industry) (Petitioner: Graham Packaging Company, LP).] {Sponsored By: Council President Boone) BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are hereby amended to reclassify the property described in Attachment "A" from FAR (Forest, Agriculture, Recreation) to M-2 (General Industry); and THAT this proposed ordinance and a synopsis were advertised for two (2) weeks in the Montgomery Advertiser, a newspaper of general circulation within the City Limits of the City of Prattville, and that the City Council at its Public Hearing on November 1, 2022, at 6:00 p.m., considered said proposed ordinance and that at such time and place all persons who desired had an opportunity to be heard in favor of or in opposition to such ordinance. ALL other items and provisions of the zoning ordinance not herein specifically amended shall remain in full force and effect. THE amendments herein contained were considered and recommended by the City of Prattville Planning Commission on September 15, 2022. THIS ordinance shall become effective upon its passage and execution as provided by law. ADOPTED THIS 1ST DAY OF NOVEMBER, 2022. By: Lora Lee Boone, President Prattville City Council AUTHENTICATED THIS 1ST DAY OF NOVEMBER, 2022. By: Paula G. Barlow City Clerk APPROVED: By: Bill Gillespie, Jr. Mayor ORDINANCE BOOK 2022, PAGE