Pell-city.com



STATE OF ALABAMA

ST. CLAIR COUNTY

The City Council of the City of Pell City held a Public Hearing at the City Hall at 5:00 p.m. on Thursday, May 31, 2018. The purpose of the Public Hearing was to consider the revocation/non-renewal of the business license for Corey Chambers, d/b/a Unique II Auto Repair. Present were Council President James McGowan, Councilmen Jay Jenkins, Blaine Henderson and Jud Alverson. Councilman Jason Mitcham was absent. Council President McGowan opened the Public Hearing at 5:10 p.m. for discussion.

The invocation was led by Mayor Bill Pruitt.

The pledge to the American Flag was led by Penny Isbell.

Council President McGowan instructed those in attendance of the meeting procedures. Each person giving a statement would need to state their name and address for the record. Each person was given two minutes to speak.

City Attorney John Rea stated council was present for the revocation of a business license hearing. The applicant/licensee under the City is, Unique II Auto Repair, owned and operated by Mr. Cory Chambers. Mr. Chambers was not present and he was given written notice of the hearing, pursuant to the City Ordinance, which would be talked about in detail. Mr. Rea requested City Clerk Penny Isbell to swear in witnesses and anyone that intended to speak, and informed the witnesses they were under oath and they swear to tell the truth, the whole truth, and nothing but the truth. City Clerk Penny Isbell requested all present that intended to speak to raise their right hand to be sworn in. Several witnesses raised their right hand and were sworn in for their testimony.

City Attorney John Rea stated the hearing was a very detailed matter, and in light of Mr. Chambers’ failure to appear, he recommended to proceed providing evidence to the council. Mr. Rea called upon City Manager Brian Muenger to testify. Mr. Rea asked the City Manager to state his full name Mr. Muenger responded with his full name Werner Brian Muenger. Mr. Rea then asked what role Mr. Muenger served within the City. Mr. Muenger stated he was the City Manager of Pell City. Mr. Rea then asked Mr. Muenger the length of time he had been in that role, and Mr. Muenger stated he had been in that role for over 3 years. Mr. Rea asked Mr. Muenger in his capacity as City Manager if he was familiar with the issues surrounding Unique II Auto Repair and the operations of that business and Mr. Cory Chambers. Mr. Muenger responded that he was familiar with those operations. Mr. Rea showed Mr. Manager a collection of documents that were marked as City’s Exhibit “A”. He then asked Mr. Muenger to review the documents and to generally identify the documents. Mr. Muenger responded that the documents were a timeline of interactions between the City of Pell City and Mr. Cory Chambers, who was doing business as Unique II Auto Repair beginning July 7, 2016, going all the way through the current date of May 31, 2018. The documents included copies of the original business license application, all correspondences and records between the City and Mr. Chambers to include the violations that was being discussed during this hearing. Mr. Rea asked Mr. Muenger if the records and business records were kept during the ordinary course of business. Mr. Muenger stated “yes they are.” Mr. Rea recommended to Council President McGowan the records be admitted as evidence. Mr. Rea introduced a document to be admitted and marked as City’s Exhibit “B”. Mr. Rea asked Mr. Muenger if he recognized the document. Mr. Muenger stated “yes, I do.” Mr. Rea asked Mr. Muenger to tell the court what the document was. Mr. Muenger stated the document was an excerpt from the City’s code covering the procedure for revocation or suspension of a business license. Mr. Rea moved to Council President McGowan that document to be marked at City’s Exhibit “C”. Mr. Rea requested permission to read some pertinent provisions, so that all present could understand the reason for the hearing. Mr. Rea read the City Business License Code Section 25. Quantified as Section 6 through 25, it provides that “ any lawful license issued to any person to conduct business in the City, shall be subject to revocation by the City Council for the violation by the licensee, its agent, servant or employee of any provision of this article or any ordinance of the City, or any statute of that State of Alabama relating to the business for which such license is issued”. First, the grounds by which the City can revoke are violation of the business ordinance and other ordinances of the City. Section “B” states a license shall also be subject to revocation by the City Council, if the licensee or its agent under color of such license violates or aids or abets in the violating, knowingly permits or suffers to be violated any penal ordinance of the City, or criminal law office of the State of Alabama. The second ground is if the licensee commits a criminal violation under Alabama law or participates in a criminal violation of the Alabama law. Third, section “C”, a license shall also be subject to revocation by the Council if in connection with the issuance or renewal of any license, the licensee or its agent, file or cause to be filed any application, affidavit, Statement, certificate book or any other data containing any faults or deceptive or other misleading information or omission of material fact. Third ground, if they’re falsely providing information in connection in issuance of the license. The grounds set-forth for the revocation of the license as Mr. Rea stated, those three grounds under Section “D” of the ordinance they are also grounds for refusing to renew a license. Mr. Rea stated the purpose of the hearing was pursuant to notice provided under subsection “E” of the Ordinance, which says the City Council may revoke a license after a ten (10) day notice and Mr. Chambers has received that notice. Mr. Rea showed Mr. Muenger a document marked as Exhibit “A” and asked Mr. Manager for the record, to identify the sub-exhibit that contained the notice for tonight’s hearing. Mr. Muenger stated it was exhibit marked #30. Mr. Rea stated those were exhibits that had been admitted, that was referenced to council that this document is entered into evidence. Mr. Muenger stated they were actually documents #29 and #30, which showed that Mr. Chambers did have notice of the hearing. Mr. Rea asked Mr. Muenger to summarize the evidence against Mr. Chambers and his company Unique II Auto Repair, and Mr. Rea would like to use the business license ordinance as an outline to do that. Mr. Rea asked Mr. Muenger, to the best of his ability, to summarize the violations of the business license ordinance and the other ordinances of the City that Mr. Chambers and his business Unique II Auto Repair have committed. Mr. Muenger stated there were two ordinances that Unique II Auto had repeatedly violated. First being the City’s zoning ordinance. Unique is/was permitted as a repair shop, which is a zone B-2 general business, which does allow for minor repair shops. There are sub-conditions in the zoning ordinance to allow such businesses to operate, such as a mandatory setback, the requirement of a fence to be installed to shield the vehicles from view, the length of time a vehicle can be stored on site, which is 10 days, and also the fact that work may not take place outside the principal building of that shop. In observing Unique II Auto Repair over a period of months there have been numerous violations of this, and Mr. Chambers has been made aware of these many times and has failed to take any corrective action or attempt to do so. The second ordinance they are substantially in violation of, is the business license ordinance itself. One, for the fact that they are not in compliance with the zoning ordinance which is a violation, and two, in that Mr. Chambers repeatedly and after warning and citation for continuing to sale vehicles from his business. Unique II Auto Repair is not a licensed business in the City for the purpose of selling vehicles, nor are they licensed by the state of Alabama for the sake of selling vehicles, nor have they at any point remitted any taxes to the City from the sales of any vehicles that the City has repeatedly cited him for selling throughout the City. Mr. Rea asked Mr. Muenger in the City’s documents Exhibit “A”, are there numerous photographs of vehicles, either contained on Mr. Chambers lot, or frankly across the City indicating that he is attempting to sale those vehicles. Mr. Muenger replied “yes.” Mr. Rea asked Mr. Muenger to explain to the council generally how in addition to selling vehicles on his lot, the issues the City was having with him trying to sale automobiles in other lots across town. Mr. Muenger stated very early in the process, which was marked in Exhibit “3”, in 2016, initially cars were observed for sale on Mr. Chambers’ lot and across the street in the Standard Furniture lot. Substantially, the City observed vehicles with the same phone number being marketed for sale at Walmart, the old K-mart building which is now Tractor Supply and other locations throughout the City. At some point, those vehicles have been the same vehicles that have been previously observed for sale on his lot that have been moved to other locations in an attempt to sale them. Mr. Rea showed Mr. Muenger a document marked Exhibit “C”. Mr. Muenger stated the document was an excerpt from the City Code of Ordinances regulating the display and sale of unattended motor vehicles. Mr. Rea asked Mr. Muenger in generally speaking, summarize what the ordinance prohibits. Mr. Muenger stated the ordinance prohibits the sale of an unattended vehicle on property that is not owned or properly designated for such activity. Mr. Rea asked Mr. Muenger if that was another ordinance that Mr. Chambers and Unique II Auto Repair had violated. Is that ordinance in connection with their intent to sale cars on other lots across the City? Mr. Muenger responded “correct.” Mr. Rea asked Mr. Muenger if Mr. Chambers failed to comply with the requirements of the B-2 zoning, and did the City focus and seek out and to enforce the ordinance solely on Mr. Chambers, or how did the valuation of the B-2 zoning come into play with Mr. Chambers’ business. Mr. Muenger stated initially in early as November 2016, there were compliance efforts taken against the business primarily for the sale of cars. As a result of that, on November 22, 2016, marked as Exhibit “7”, Finance Director St. James, Revenue Supervisor Murray and City Clerk Isbell met with Mr. Chambers to advise him of the various violations and attempt to seek resolution. There was a memorandum to that affect, which documents the fact that he was told. In addition, a proper notification was given at that time, stating the activities were improper and how to remedy them. At a later date, formal action was also taken regarding the storage of vehicles, and on January 2017, Mr. Chambers was issued a citation for zoning violations. In March 2017, he pled guilty to those charges in Municipal Court. On October 18, 2017, a blanket letter was sent out from the City to all licensed repair shops in the City generally advising them of the matters of violations, setbacks, length of stay that cars are supposed to be there, and the City initiated cooperative zoning actions against all of those businesses. The City had subsequent documented visits with Mr. Chambers, after which time he was provided a check list to comply with. In mid January and later Mr. Chambers came and corresponded with the City Clerk and acknowledged he had received that, and it was also delivered by registered mail. Mr. Muenger stated “No the City did not seek out a single business, and the volume of correspondence and duration of this matter compares that out.” Mr. Rea showed Mr. Muenger a document marked Exhibit “D”, and asked Mr. Muenger to explain that document. Mr. Muenger stated the document was a right-of-way map, depicting Cogswell Avenue in front of Unique II Auto and 21st Street North, which runs the side of that building. Mr. Rea asked if Mr. Chambers had repeated violations of conducting business in the City’s right-of-way. Mr. Muenger stated yes that was a matter the City first had a compliance visit with Mr. Chambers in September 2016, where cars were being washed in the City street and stated to this day vehicles remains parked in the City right-of-way. Mr. Rea asked Mr. Muenger if Mr. Chambers pled guilty to violating the City Ordinance in the past. Mr. Muenger responded yes and that occurred in March 2017. Mr. Rea then asked Mr. Muenger, after pleading guilty to the City zoning ordinance, did the City continue to try and bring Mr. Chambers under compliance. Mr. Muenger answered “yes.” Mr. Rea asked at any point and time during the course of this matter, had he come into compliance. Mr. Muenger answered “no.” Mr. Rea asked if one of the grounds of revocation of a business license is the submission of a fraudulent and misleading statement(s). Mr. Muenger stated “yes it is.” He then asked Mr. Muenger what was marked Sub-Exhibit “1” of Exhibit “A” in the City’s collection of documents. Mr. Muenger stated it was the original business license application for Unique II Auto Repair. Mr. Rea asked what name the application was in. Mr. Muenger stated it was in the name of Mr. Cory Chambers. Mr. Rea stated that Mr. Chambers indicated that he was doing business as (dba) Unique II Auto Repair, is that correct? Mr. Muenger answered “yes it is.” Mr. Rea then stated that he also checked and indicated on the business license application that he was operating as a limited liability company (LLC), is that true? Mr. Muenger answered “yes it is.” Mr. Rea then stated to Council President McGowan that he wanted to present to council that he had searched the records of the Alabama Secretary of State, and there was no record for Unique II Auto Repair, LLC that existed, and there was not an entity formed under Alabama law. Mr. Chambers had other businesses that were created under Alabama law, but Unique II Auto Repair was not one of them. Mr. Rea asked Mr. Muenger during the course of his work on this matter has the City through, its Police Department or through administration, received complaints about Mr. Chambers and his business. Mr. Muenger answered “yes the City has.” Mr. Rea presented a summary document marked as Exhibit “E”, and asked Mr. Muenger what the document was. Mr. Muenger stated that it was a summary of five (5) complaints that had been filed in the County Circuit Court or with the Pell City Police Department directly regarding the business. Mr. Rea asked if the documents were kept in the ordinary course of City business. Mr. Muenger answered “they are.” Mr. Rea moved that the documents be admitted as evidence. Mr. Rea asked Mr. Muenger if there was anything specifically about this matter that he thought was important for the council to know that Mr. Rea had not asked him. Mr. Muenger stated there was one thing he would like to point out regarding the length of the vehicles remaining on the property. That’s something that is particularly egregious in nature and that Mr. Chambers has pled guilty to before. There are photographs of the property that exists from September of 2017. A check during a monitoring visit done over the weekend, and cross referencing of that, there were approximately 30 vehicles on site. Seven of those vehicles were also there in September 2017, so he would simply say the City is not dealing with a good faith effort in the compliance nor slight manner of non-compliance. This is a matter of long term repeated non-compliance with no effort what so ever to come into compliance, and frankly the matter has only worsened throughout the time, with no effort whatsoever to remedy the complaints. Mr. Rea asked under the City Zoning Ordinance, minor repair shop that is zoned for B-2, how long is the operator supposed to keep cars on site? Mr. Muenger responded “ten (10) days.” Mr. Rea stated, Mr. President we have cars there for months at a time. Mr. Rea asked Mr. Muenger if there was anything else that he needed to tell council. Mr. Muenger responded “no sir”. Mr. Rea stated Mr. President, that’s all I have and I know there are people here to speak on this matter, and I would like to let them speak on their own, and that I don’t have questions for them, and let them say their piece.

Council President McGowan stated at this time we will let those that want to speak to this matter come to the microphone. They will have two (2) minutes to speak, and make sure to state your name.

A customer of Unique II Auto Repair stated that it would take more than two (2) minutes to tell what they did to them. Mr. McGowan stated they will be allowed three (3) minutes.

Statement from Mr. Ernest Aldridge: Mr. Aldridge took a 2004 Ford Explorer to Unique II Auto Repair for transmission repairs. The truck was going in and out of overdrive. The vehicle was kept by Unique for several months. After about three months he was told the vehicle was ready and he paid him almost $1,700.00. He drove the vehicle off the lot and realized nothing had been done to the vehicle. He took it back. The vehicle was there close to about a year. He would go there very often to talk to Mr. Chambers but it was just one story after another. Some of them got very heated. He advised Mr. Chambers that if he didn’t get his car he would take him to court. Mr. Chambers replied “take me to court; I don’t care”. Mr. Aldridge stated he filed a small claims case and Mr. Chambers didn’t show, and the case was handed to him by default. A few months ago he went to get his vehicle and he asked Mr. Chambers for the key. He gave him a key. Mr. Aldridge stated that something told him to look under the truck. He looked under the truck and there was no transmission. he asked him where his transmission was. Mr. Aldridge was told that he had to send it out. He asked for the phone number of the person that it was sent to. Mr. Chambers gave him a name of some guy named Curtis in Birmingham. He called Curtis to ask about the transmission. Curtis said he had the transmission but Mr. Chambers wouldn’t pay him for it. Curtis said he lived in an apartment and couldn’t keep transmissions at an apartment, so he took it to his cousin’s house. Mr. Aldridge told him he needed his transmission and asked for his cousin’s phone number. Curtis said he would call him back but never did. Mr. Aldridge stated he called Curtis back the next day. Curtis told him he had talked to his cousin and he didn’t have the transmission anymore. Mr. Aldridge stated that he had his vehicle towed off Mr. Chambers’ lot and had to find another transmission. He stated that he was basically just out of some money close to $2,000.00 paid to him, and out more money for having to buy another transmission for the truck and some other things too. But the biggest thing was the transmission and battery for the truck. Mr. Rea asked Mr. Aldridge to state his address. Mr. Aldridge gave his address as 675 Deerbrook Road, Pell City, AL 35125.

Council President McGowan thanked Mr. Aldridge for his statement.

Statement from Mr. Adrian Taylor: Mr. Taylor stated he took a 2001 Toyota Highlander to Mr. Chambers and Mr. Chambers was to put a new engine in the car. The car sat there two and a half months. Mr. Taylor stated that he kept going back every week asking what was happening with his car. He was told several different stories by Mr. Chambers. Mr. Taylor stated that he saw them working on his vehicle one day so he stopped by there and took a look at his vehicle. He stated that his engine was broke down so he went around to the front and I asked Mr. Chambers why his engine was broken down. Mr. Chambers told him he liked to check the gaskets and replace the gaskets and everything on the engine when he gets it. He asked Mr. Chambers if he had changed his motor. One of Mr. Chambers’ employees told Mr. Taylor that he didn’t to say it in front of Mr. Chambers but his engine had not been changed out. The employee told Mr. Taylor that he took his heads and had them reworked and put the heads in there and put his motor back together. Mr. Taylor stated that he had just gotten his vehicle back from Mr. Chambers when it began to leak oil so he took it back to Unique. Mr. Chambers kept telling him he was going to fix it. He took it back about 4 or 5 times, and Mr. Chambers finally said that if he couldn’t get the leak fixed he would just put another motor in it. Mr. Taylor took his car back to Unique on January 19th of this year. Mr. Taylor stated that his car sat there and sat there. He finally told him that he was coming to get his car. Mr. Chambers took his vehicle and put it inside his shop and jacked it up, took all of the parts of the motor loose on the vehicle and it sat there for three months and he did nothing to his vehicle. Mr. Taylor stated that at the end of May 2018, he got tired of waiting because he needed his vehicle. He needed to put his scooter on the vehicle because he went to the VA for his doctor’s appointments. Mr. Chambers kept telling him he was going to fix it. Mr. Taylor stated that he went to Unique on Tuesday and he was told by Mr. Chambers that he would have his car ready by Friday if he would let him put ball joints on his car and give him another $300.00. Mr. Taylor stated that he told him he wasn’t going to do that because he had already waited four weeks and had given him $2,500.00. He also stated that Mr. Chambers charged him $170.00 just to put a radiator in the vehicle, even though he said he would not charge him for it. The radiator comes out when you change a motor out of a car, and he charged Mr. Taylor $2,000.00 for a motor assembly, and another $113.00 for an oil pan. Mr. Taylor stated that he took his car to a mechanic in Eden. The mechanic asked why they replaced his oil pan and he told him he didn’t know. The mechanic told him that a screw was stripped out of the motor and the motor was cracked. The reason the motor was cracked was because they forced it back into the motor. He had to pay the other mechanic another $500.00 to fix his car. The car was in for repair for another three weeks, and he just got it back from him yesterday (May 30, 2018). Council President McGowan informed Mr. Taylor that his time was up, and that council had the understanding of what he was saying. Mr. Taylor thanked the council and stated his address as 4200 Water Tank Hill Road, Pell City, AL.

Statement from Ms. Desire` Thomas: Ms. Thomas gave her address as 205 2nd Street, Ragland, AL. She stated that she took her daughter’s 2007 Lexus IS350 to Mr. Chambers on February 22, 2018. She left the vehicle at Unique because it was using a lot of oil and was not changing gears. Mr. Chambers called her back the next day and said the vehicle needed three things; PCV valve, solenoid, something for the transmission and an O2 sensor. Ms. Thomas stated that she told him to go ahead and fix it and gave him a deposit of $840.00. On March16, 2018, Mr. Chambers told her the car was ready. When she went to pick it up, she ended up paying him $1,722.50. They drove the car for one day, and had to call Mr. Chambers to let him know the car was doing the same thing. She took it back on a Sunday and dropped it off. She put the keys in the mailbox and he said he could fix it. Her car is still sitting there now in the garage. She said he moves it from one spot to another and tells her he’s going to fix it but hasn’t yet. She can’t get in touch with him and he won’t return phone calls. When she calls from a different number he answers. Ms. Thomas stated that Mr. Chambers just repeatedly lies. She told Mr. Chambers that it was her daughter’s car, and she just graduated from Alabama and she has to look for a job and needs a car. She stated that it was costing her more money just sitting there, and he keeps giving her the runaround. Council President McGowan asked Ms. Thomas how long the car had been sitting there. She stated that she dropped it off on February 22, 2018. Councilman Alverson asked Ms. Thomas when she got her car back. She stated she got it back on March16, 2018, and took the car back to Unique II Auto Repair on March 17, 2018, and the car is still there now. Mr. Chambers told her that he worked on her car two to three times a day. She told him that was a lie, because she drove there every day, and had other people drive by and her car just sat. Councilman Jenkins asked Ms. Thomas how much had she spent on it so far. She stated that she had spent $1,722.50. She was a single mom and worked hard for her money.

Statement from Mr. Johnny Kidd: Mr. Kidd gave his address as 101 17th Street South, Pell City, AL. Mr. Kidd stated in 2016 that he took a 2008 Pontiac G6, which needed an engine, to Mr. Corey Chambers and Mr. Chambers said he could fix it. He left believing Mr. Chambers could fix his car. Mr. Chambers called and told him it would be $1,450.00. Mr. Chambers said he needed an installment fee so Mr. Kidd gave him $700.00. On September 20, 2016, he rode by there a couple times and saw that Mr. Chambers had not raised the hood on his car which made him irritated. He said it was similar to the situation with Ms. Thomas. Mr. Kidd stated that in 2017, his daughter paid $750.00 to Mr. Chambers. He said his daughter was expecting a baby and couldn’t afford it. He finally got mad in April and went to Unique with a wrecker and pulled the car out of there. He took Mr. Chambers to small claims court. When they went to court, he said he didn’t know if the judge was on his side or who’s side, but the judge was taking sides of no one. Mr. Kidd stated that his car was there from September 2017 until April 2018, and he never fixed it but he was paid to fix the car. He stated that if he had done someone wrong like that, he would have had bad luck.

Council President McGowan asked if there were anyone else, and stated he noticed a few people had come in after the hearing started, and asked if anyone else would like to speak on this matter.

Council President McGowan asked if Mr. Chambers had arrived, and the City Clerk stated that Mr. Chambers had arrived. Mr. McGowan called Mr. Chambers forward for discussion.

City Clerk Penny Isbell swore in Mr. Corey Chambers.

Statement from Mr. Corey Chambers, Unique II Auto Repair: Mr. Chambers stated that out of 384 customers in Pell City that are on his logs, he had only four people come here and file a complaint. Out of the four people, he said only two of them were valid complaints. He stated that it was not totally truthful what they said and that only two of them were being honest. Speaking of Mr. Kidd, Mr. Chambers stated that the reason the judge was not on his side was because he was not done wrong in the matter. Mr. Chambers stated that his issue was ever since he opened his shop in Pell City, there have been nothing but issues with the City of Pell City. The only thing he wanted to know was what it would take for this to be resolved. He stated he didn’t understand what the issue was. He was told a fence had to be put up in the back. He just wanted to know what needed to be resolved. Mr. Chambers stated that he and his landlord wanted to know what it took to run a repair shop right there on that particular corner.

Council President McGowan addressed Mr. Chambers. He stated that what he had heard so far, out of 300 plus customers, is when you take people’s money, these people should get results for the money they give you. He stated that he was hearing the same thing from everyone that spoke today. When the City issues a business license, the City expects the person that purchased that business license to abide by the things it says. Mr. McGowan stated that what he had heard this afternoon and things he had already heard, this just doesn’t sound like the type of business that he even wanted in Pell City. We don’t want this type of business in Pell City.

City Attorney John Rea addressed Council President McGowan. He stated that the other thing he would add to that was at the beginning of the hearing, the City Manager laid out in fairly great detail the multitude of violations Mr. Chambers and his business have committed; zoning violations, violations of storage of vehicles off-site, operating inside the City right-of-way, and numerous other violations. Mr. Rea stated that he would not attempt to rehash that testimony because the City Manager had already laid it out. It is Mr. Chambers’ hearing and it is his responsibility to respond to the City Manager’s testimony.

Mr. Chambers stated that he had never visited Pell City before he opened his business, but from what he had been told, his shop was ran the same way it had been for years. He stated that the business owner with the shop before him had even more cars than he had there. Mr. Chambers stated that he had been told the tenant before him had a car that sat in the front door for two years, but when he opened up it was an issue and before he got there it wasn’t an issue. He said that’s been his complaint the whole time. He said he was told he couldn’t wash cars so he said that was fine because he didn’t want to wash cars anyway. He said that the location was operated as a car wash for forty years and now it’s an issue.

Council President McGowan explained to Mr. Chambers that he was just not giving council the answers they were expecting to hear from him. He hasn’t heard anything that tells him that Mr. Chambers needed to continue with a business license from the City of Pell City. Council President McGowan stated that he didn’t mind telling him that he had been here a long time and knew the man that had the shop before. He stated that the previous tenant may have had a few cars there maybe a week or two, but the City never got complaints about him as they had received on Mr. Chambers.

Councilman Jenkins addressed Mr. Chambers. He stated that obviously at the first of the meeting, the violations were laid out. Mr. Chambers wasn’t there so he didn’t hear them. But the City has an ordinance and Mr. Chambers was not the only one being contacted. The City had actually contacted every car repair business in the City Limits. If you’re going to do business in the City, you have to follow the ordinance for your business and do whatever is applicable. Councilman Jenkins told Mr. Chambers that he had not followed the ordinance and had refused to do it over a period of two years. At some point and time he had to comply. Councilman Jenkins asked Mr. Chambers if he, either written or verbally, had any communications with the City Manager or City Clerk about certain ways that he could come into compliance.

Mr. Chambers responded that he had contact with the City Clerk. The last time they had talked, the only issue still at hand was a fence being put up in the rear of the building.

Councilman Henderson asked Mr. Chambers what action he had put forward to put up the fence.

Mr. Chambers stated that the only thing he had done was talked with the landlord about it because it wasn’t his building. The landlord said he wasn’t interested in putting up a fence so Mr. Chambers said it was put back on him. The landlord told him to put a fence up, but he would need to clear it through him because he’s the owner the property.

Councilmember Henderson asked Mr. Chambers about the other issues that had been discussed.

Mr. Chambers stated that the only other issue that he was aware of was operating without a business license, because he was only issued a business license for one month.

Councilman Alverson questioned Mr. Chambers about the fact that he named his business but it was not a properly registered business in the State of Alabama.

Mr. Chambers stated that he wasn’t aware of that.

Councilman Alverson asked Mr. Chambers if the name of his business was a registered business in the State of Alabama.

Mr. Chambers responded that it was set up like any of his other businesses.

Councilman Alverson stated that the City had evidence to the contrary. It may be the name of Mr. Chambers’ business, but it was not a legal entity in the State of Alabama.

City Attorney John Rea stated that there was no record of Unique II Auto Repair, LLC according to the Secretary of State. That’s how the application was made, as an LLC; Unique II Auto Repair, LLC. City Attorney John Rea stated that if Mr. Chambers had the registration, the City would be happy to see it. He further stated that this was just one of the many different issues. It was, by no means, the most important one, but one of multiple issues the City had. Mr. Rea stated that Mr. Chambers could say anything he wanted to say, but he could call Ms. Isbell to rebut that. He thought it was safe to say that the City Manager had already testified that there were multiple issues with this property. The fence was but one of many different issues, and it had never been the case that the City had indicated the only issue outstanding was a fence. We wouldn’t be here if the only issue outstanding was the fence. Mr. Rea further stated that Exhibit “A”, Sub-Exhibit “19” in the City’s documents, was a letter from Ms. Isbell to Mr. Chambers dated January 26, 2018, that set out the specificity of the problems with Mr. Chambers’ operation on that property in violations of the Zoning Ordinance. Mr. Rea stated that it was just not accurate that Ms. Isbell said the only issue was the fence.

Council President McGowan addressed Mr. Chambers. He stated that his refusal to even make sure he had water in his place of business for over a year is just not feasible for the City to even have a business like that being run in the City. He had employees there working for him when there wasn’t a restroom in the place and water. Council President McGowan stated that it seemed like everything that Mr. Chambers had tried to get by with, he had been given ample time to take care of it. Mr. Chambers might have thought when he came to Pell City, this was a small town and he could come and do what he wanted to do, but the City has rules and regulations that we go by and everybody that buys a business license has to go by.

Mr. Chambers stated that it seemed like he was the only one having to go by certain rules and regulations. He said he knew for a fact that the tenant before him ran the shop like he was running it now. He knew that because when he got the place it took him three months to open the place up for having to do repairs because the place was run down.

Councilman Alverson stated that was between him and the land owner.

Mr. Chambers stated that he was talking about the corner. When it was said that he had cars there, that was addressed last year. The judge at the time told the City to issue his business license because his license was being held up then. Mr. Chambers said the ten-day thing had never been an issue until now.

Council President McGowan stated that they had a lot of discussion. There were people that spoke about doing business with Mr. Chambers and he didn’t want to overlook anyone. He asked if there was anyone else that had a complaint about Mr. Chambers and would like to speak about Mr. Chambers’ business. This is going to be the end of the hearing.

City Attorney John Rea stated that the only thing he would like to say for the record was that Council President McGowan made a very good point about the lack of water at the facility, which was over several months. With the permission of the Council President, Mr. Rea asked Ms. Isbell if she was familiar with the water issues and if that was something she could describe. Mr. Rea stated that it was fair to say for the record that Ms. Isbell had sworn herself in, and he asked Ms. Isbell to explain to council about the water situation at the property.

City Clerk Penny Isbell stated that Mr. Chambers’ water was disconnected for non-payment. As per procedure, if not reconnected within a certain time frame, the deposit would be applied and the account finalized. Mr. Chambers never had his water reconnected, so the deposit was applied and the account finalized out. After applying the deposit, Mr. Chambers still owed a water bill in excess of $500.00. The bill stayed outstanding for over a year. When this situation came up to where when he wanted to renew his business license and the City tried to work with him, his business license was renewed on a temporary basis in 2018. Mr. Chambers was told that before he could renew his license, he had to pay the outstanding bill and pay another deposit to establish a new account.

City Attorney John Rea replied: “So he essentially operated an auto repair shop for over a year without water”.

Ms. Isbell replied: “Yes Sir”.

Mr. William H. (Bill) Abbott, owner of Mr. Chambers’ rental property, addressed council. He stated that there was a leak from the prior tenant and he mentioned it before he moved and he thought he had all of that straightened out. He didn’t know Mr. Chambers was without water for that length of time, and about all of the complaints. Mr. Abbott stated that he was concerned about the ten-day rule. He said he was concerned about not being able to rent his building out for what it’s designed to be intended for. He stated that someone from the City had been there seven or eight times and each time it was something different. He was not aware of all the complaints and maybe that’s why some of these things were being a problem. Mr. Abbott stated that there was a water leak before that, and he didn’t know if he was given a credit for that or not. He had it repaired when he first moved in. He was just concerned about being able to rent the building for what it was for. Mr. Abbot stated that eight years ago the City wanted to keep the historical places. He said that building had been there for as long as he had been here, and he was 54 years old.

Council President McGowan responded that was nothing the City can do about that. It was between him and the tenant.

Mr. Abbott replied that it was about Mr. Chambers and not essentially him, and he wasn’t aware of so many complaints.

Council President McGowan stated that if he wanted a business license, he had to abide by the rules and regulations.

Mr. Abbott stated that when the lady came there with the police, they were telling Mr. Chambers that he couldn’t get a license to sale cars, he couldn’t get a license to wash cars, and I understand they wouldn’t give the license’s to him, and normally that was handled here. He said he didn’t know why she told him that. He wasn’t there, but that’s what he was told, so he doesn’t know.

City Attorney John Rea suggested to Council President McGowan to end the hearing, and place the matter on the agenda for the City Council to take action on it at a future time, which could be during the upcoming council meeting that night.

Council President McGowan closed the Public Hearing at 6:00 p.m. He stated that the council would have a ruling at the next City Council meeting, which would be tonight.

The City Council of the City of Pell City met in a work session at the City Hall at 6:00 p.m. on Thursday, May 31, 2018. Present were Council President James McGowan, Councilmen Jay Jenkins, Blaine Henderson and Jud Alverson. Councilman Jason Mitcham was absent. Council President McGowan opened the meeting for discussion.

The City Clerk had roll call for attendance.

Councilman Alverson reviewed the bills on file and everything was in order.

There were no comments on the minutes of the regular council meeting held on May 14, 2018.

Richard Tucker, American Red Cross, requested a sewer leak credit for 1909 Cogswell Avenue. Mr. Tucker stated that their monthly water bill had increased dramatically from the first few months they were there but the leak was not discovered until recently. They have been in the building since October 2016. He was asking for the sewer charges to be refunded, since he believed the water was not disposed through the sewer system. Mr. Tucker stated if the City would refund those charges, the Red Cross would use the money to assist the residents in need. City Manager Muenger asked Mr. Tucker if the property landlord would consider assisting with the charges. Mr. Tucker stated the landlord has not offered to assist with the bill, but did pay for the repairs to the pipe.

Kevin Caudle and Opie Elliot, True Bama Hunters, requested the use of Lakeside Park to hold a Family Fun and Fishing Festival on August 4, 2018. Mr. Caudle stated Bama Hunters’ mission is to assist children and people with special needs, and to take them out on adventures at no expense to the person or families. Councilman Jenkins asked how long the area would be closed off, and Mr. Caudle stated they will accept the time allowed by the City. Parks & Recreation Director Bubba Edge stated he had concerns with the area they are asking to use. That would be the final weekend prior to school starting back in session. Councilmembers had concerns with the area being netted off and preventing people from launching boats at the park, closing the beach for swimming and parking being an issue as well. Mr. Muenger explained the City wanted to keep the beach open and the boat launch open, but would like to accommodate the festival if they can make it work. Councilmembers recommended that Mr. Caudle and Mr. Elliot go to the park with Mr. Edge and make sure, logistically, it would work.

Blair Fields, representing Lifeline Village Properties, requested to resurvey/subdivide Lifeline Village on Shelby Drive. Mr. Fields stated they are requesting the property be divided into five (5) tracts, and those tracts to be sold as individual lots. City Manager Muenger stated the division of the property has been cleared by the Planning and Zoning Commission, and he is in agreement with the request to divide the property, which will be zoned as residential property. The lots will be sold as single family residences.

Jason Goodgame discussed bids received on the Civic Center renovations. Mr. Goodgame stated it was a successful bid, with several bids being presented. The lowest bids came from contractors the City has used in the past. The bids will be ready to discuss during the June 11th, 2018 council meeting.

City Manager Muenger discussed declaring three (3) church pews owned by the City as surplus. The principal at Iola Roberts Elementary School asked if the City would donate the pews to the school.

City Manager Muenger discussed awarding the Construction contract and the Construction Engineering and Inspection (CE&I) contract for the Cogswell Avenue Streetscape project. Mr. Muenger stated the City had to rebid the project with ALDOT’s assistance, with only one bid coming in from Triple J Construction. Mr. Muenger stated the City had received the concurrence letter from ALDOT limiting the amount approved for the CE&I. Mr. Muenger stated the City has one contractor for both projects, and one contractor to perform the CE&I for the projects. Mr. Muenger stated the bids came in so well, that the City might be able to expand the improvement area, and possibly have additional landscaping permitted by ALDOT.

City Manager Muenger addressed council to discuss a petition to vacate a portion of Plaza Drive as requested by Northside Medical. Mr. Muenger stated a portion of the area is undeveloped, and it is a matter of a title clean-up. Mr. Muenger stated the Planning Commission has reviewed and unanimously approved the survey during its regular meeting held on May 24, 2018. Mr. Muenger stated the earliest date for a Public Hearing will be July 9th, 2018, due to having to advertise the intent of a hearing four consecutive weeks in the newspaper.

City Manager Muenger discussed the opportunity of the City acquiring property located at 115 20th Street North by way of donation. The City had looked to potentially purchase the property five to six years ago, which never happened. Once the property was marketed again for sale, the City had discussions and found it would be beneficial to both parties for the owners to donate the property to the City.

City Manager Muenger discussed the downtown parking ordinance, and he first addressed 1st Avenue South parking being designated as restricted parking and being a fifteen minute parking area, and stated at this time those parking areas are not being enforced according to the ordinance. Mr. Muenger stated there are some areas that need to be enforced, which are located along the north and south sides of 1st Avenue North, between 19th and 20th Street in front of City Hall which are restricted parking places with a limit of 1-hour parking. The east side of 19th Street, which is now referred to Edwin Holladay Place, should also be restricted to one- or two-hour parking. Mr. Muenger stated the eastern side of 19th Street North, and Cogswell Avenue is to remain as 2-hour parking. Mr. Muenger stated some of the parking areas will require modifications to bring them up to existing codes. Mr. Muenger stated the parking on 19th Street North (Edwin Holladay Place) should be parallel parking, because the current parking on that street is not ADA compliant. Councilmembers recommended having the parallel parking spots striped on 19th Street North (Edwin Holladay). Mr. Muenger stated an ordinance would have to be written and approved with the rules of enforcement.

City Manager Comments: None

Mayor Comments: None

There being no further items to discuss, Council President McGowan adjourned the work session.

The City Council of the City of Pell City met in a special called council meeting at the City Hall at 7:00 p.m. on Thursday, May 31, 2018. This meeting was in lieu of the regular council meeting scheduled for Monday, May 28, 2018. Present were Council President James McGowan, Councilmen Jay Jenkins, Blaine Henderson and Jud Alverson. Councilman Jason Mitcham was absent. Those present constituting a quorum of the council, the following business was transacted:

The City Clerk had roll call for attendance.

Councilman Jenkins made a motion to Suspend the Rules in order to amend the agenda. The motion was seconded by Councilman Alverson and unanimously approved by the council. On roll call, those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson and Alverson. Nays: None. Council President McGowan declared the motion approved.

Councilman Jenkins made a motion to add the following item to the agenda. The motion was seconded by Councilman Henderson and unanimously approved by the council. On roll call, those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson and Alverson. Nays: None. Council President McGowan declared the motion approved.

➢ Consider approving RESOLUTION NO. 2018 – 4930 regarding the revocation and non-renewal of the Business License for Corey Chambers doing business as Unique II Auto Repair.

Council President McGowan introduced the following resolution:

RESOLUTION NO. 2018 – 4930

A RESOLUTION REVOKING AND REFUSING TO RENEW THE BUSINESS LICENSE OF COREY CHAMBERS AND UNIQUE II AUTO REPAIR TO OPERATE IN THE CITY OF PELL CITY, ALABAMA

WHEREAS, Corey Chambers, doing business as Unique II Auto Repair (collectively, “Unique II”), was previously licensed to perform automobile repair services in the City of Pell City at premises located at 2101 Cogswell Avenue, Pell City, Alabama 35125; and,

WHEREAS, following numerous violations of City ordinances, the City issued Unique II a temporary business license with an expiration date of March 26, 2018, to allow Unique II the opportunity to bring its operations into compliance with applicable City ordinances; and,

WHEREAS, following Unique II’s refusal to come into compliance with applicable City ordinances after numerous opportunities, the City Clerk issued written notice dated May 15, 2018, to Unique II of a public hearing before the City Council to be held on May 31, 2018, where the City Council would hear evidence and consider revoking or refusing to renew Unique II’s business license to operate in the City; and,

WHEREAS, after sufficient and proper written notice to Unique II, the City Council held a public hearing on May 31, 2018, to consider whether to revoke or refuse to renew Unique II’s business license to operate in the City; and,

WHEREAS, at the public hearing, the City Council received sworn testimony and documentary evidence presented by the City Manager and the City Clerk concerning Unique II’s multiple violations of City ordinances and regulations, sworn testimony of members of the public who expressed concerns about the business operations of Unique II, and sworn testimony by Corey Chambers and his landlord concerning their response to the charges presented by the City administration; and,

WHEREAS, after consideration of all proper evidence and sworn testimony presented by the parties and the participants during the public hearing bearing upon the question of the proposed revocation and refusal to renew the business license of Unique II, the City Council has determined that it is wise, prudent, and in the best interests of the citizens of Pell City to revoke and to refuse to renew the business license of Unique II and to order that Unique II cease operating in the City of Pell City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City as follows:

1. That the above-stated recitals are true and correct and are expressly incorporated herein by this reference.

2. That the business license of Corey Chambers, doing business as Unique II Auto Repair (collectively, “Unique II”) be, and it hereby is, revoked and that it shall not be renewed, and that Unique II is hereby ordered to cease business operations in the City of Pell City.

3. That the Mayor and City Manager be, and they hereby are, authorized to execute such documents and to take such actions as may be necessary to implement this Resolution, and that the City Attorney be, and he hereby is, authorized to pursue such legal action as may be necessary to implement this Resolution.

Councilman Henderson moved that all rules and regulations, which unless suspended would prevent the immediate consideration and adoption of said resolution, be suspended and that unanimous consent to the immediate consideration and adoption of said resolution be given. The motion was seconded by Councilman Alverson. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson and Alverson. Nays: None. Council President McGowan declared the motion approved.

Councilman Alverson then moved that said resolution be now placed upon its final passage and adopted. The motion was seconded by Councilman Henderson. The question being put as to the adoption of said motion and the passage of said resolution, on roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson and Alverson. Nays: None. Council President McGowan declared the motion approved and the resolution adopted.

On motion of Councilman Alverson, seconded by Councilman Jenkins, the council unanimously approved the payment of bills on file.

On motion of Councilman Jenkins, seconded by Councilman Alverson, the council unanimously approved the minutes of the regular council meeting held on May 14, 2018.

Councilman Alverson made a motion to approve the maximum allowable credit based on the City’s ordinance for a sewer adjustment in the amount of $1,637.94 for the American Red Cross due to a water leak located at 1909 Cogswell Avenue. The motion was seconded by Councilman Henderson. Councilman Jenkins stated that he knew what the ordinance said, but he had concerns that 60% of the sewer customers were in his district. They were forced to hook onto sewer with no other option. The sewer portion basically doubled the customer’s bill. This leak on the customer’s side did not go into the sewer. What happens to the customer’s bill when they are on water only? Councilman Jenkins stated that something needed to be addressed in the future. He felt like the sewer customers were penalized when they had a leak. After no further discussion, the motion was unanimously approved by the council.

On motion of Councilman Alverson, seconded by Councilman Henderson, the council unanimously approved to table a request from Kevin Caudle and Opie Elliot with True Bama Hunters to hold a catfish rodeo and close off an area at Lakeside Park on August 4, 2018.

On motion of Councilman Henderson, seconded by Councilman Jenkins, the council unanimously approved a request from Blair Fields to resurvey/subdivide Lifeline Village Properties located on Shelby Drive.

On motion of Councilman Jenkins, seconded by Councilman Alverson, the council unanimously approved the following resolution declaring certain items as surplus and donating the items to Iola Roberts Elementary School:

RESOLUTION NO. 2018 – 4928

A RESOLUTION PROVIDING FOR THE DISPOSITION OF THREE WOODEN CHURCH PEWS

WHEREAS, the City of Pell City, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and,

WHEREAS, Section 11-43-56, Ala. Code 1975, authorizes the municipal governing body to dispose of unneeded personal property;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City, Alabama, as follows:

Section 1. That the following personal property owned by the City of Pell City, Alabama, is not needed for public or municipal purposes:

➢ 3 – wooden pews 8’ 4½” in length

Section 2. That the Mayor and the City Manager be, and they hereby are, authorized and directed to donate the personal property owned by the City of Pell City, Alabama, described in Section 1 to Iola Roberts Elementary School.

On motion of Councilman Alverson, seconded by Councilman Jenkins, the council unanimously approved the following resolution awarding the bid to Triple J Construction, LLC on the Cogswell Avenue Streetscape Improvements:

RESOLUTION NO. 2018 – 4913

A RESOLUTION AWARDING THE BID FOR THE

COGSWELL AVENUE STREETSCAPE IMPROVEMENTS

UNDER PROJECT NO. TAPAA-TA15(905)

WHEREAS, the City of Pell City has taken and received competitive sealed bids for the Cogswell Avenue Streetscape Improvements under Project# TAPAA-TA15(905), which project is more particularly described in the exhibit attached hereto as Exhibit “A”; and,

WHEREAS, the lowest bid that met the specifications established by the City for the Streetscape Improvements was submitted by Triple J Construction, LLC in the total amount of $308,278.00, as detailed in the bid tabulation sheet, which is attached hereto as Exhibit “B” and expressly incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City that the City awards the bid of the aforementioned Streetscape Improvements under Project# TAPAA-TA15(905) to Triple J Construction, LLC in the amount of $308,278.00.

On motion of Councilman Alverson, seconded by Councilman Jenkins, the council unanimously approved the following resolution regarding a proposal from Neel-Schaffer for CE&I Services on the Cogswell Avenue Streetscape Improvements Project:

RESOLUTION NO. 2018 – 4914

A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PELL CITY AND

NEEL-SCHAFFER ON THE COGSWELL AVENUE STREETSCAPE PROJECT IN THE CITY OF PELL CITY, ALABAMA

PROJECT #TAPAA-TA15(905)

WHEREAS, the City Council of the City of Pell City has determined that it is wise, prudent, and in the best interests of the citizens of Pell City to make certain Streetscape Improvements along Cogswell Avenue, (“the Streetscape Improvements”); and,

WHEREAS, in order to complete the Streetscape Improvements, the City is required to employ a licensed Construction Engineering & Inspection (CE&I) firm to monitor the project; and,

WHEREAS, Neel-Schaffer has submitted a proposal in an amount not to exceed $50,595.50, the specifications of which are attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, the City Council has determined that it is wise, prudent, and in the best interests of the citizens of Pell City to enter into a Professional Services Agreement with Neel-Schaffer in form and substance as attached hereto as Exhibit A and expressly incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City as follows:

1. That the City Manager be, and he hereby is, authorized to enter into a Professional Services Agreement with Neel-Schaffer in form and substance as attached hereto as Exhibit A, pending City Attorney final review and approval.

On motion of Councilman Jenkins, seconded by Councilman Henderson, the council unanimously approved to set a Public Hearing for July 9, 2018 at 7:00 p.m. to consider the vacation of a portion of Plaza Drive.

Council President McGowan introduced the following resolution regarding the donation of property to the City:

RESOLUTION NO. 2018 – 4929

A RESOLUTION ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY TO THE CITY OF PELL CITY, ALABAMA

WHEREAS, George P. Petnick is the owner of certain real property located at 115 20th Street North, Pell City Alabama, Tax Parcel #28-01-01-2-003-018.000, and more particularly identified as Lots 7, 9 & 10 Also N2 of Lots 8 & 11 Blk 20 Pell City 1-17-3 (“the Property”); and,

WHEREAS, the Property is located adjacent to City Hall, and Mr. Petnick has expressed a desire to donate the Property to the City; and

WHEREAS, the City Council has determined that it is wise, prudent, and in the best interests of the citizens of Pell City to accept the donation of the Property by Mr. Petnick to the City of Pell City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City as follows:

4. That the City of Pell City hereby accepts the donation of the above-described property by George P. Petnick to the City of Pell City.

5. That the Mayor and City Manager be, and they hereby are, authorized to execute such documents as a necessary to consummate the donation of the above-described property, following review and approval by the City Attorney.

Councilman Jenkins moved that all rules and regulations, which unless suspended would prevent the immediate consideration and adoption of said resolution, be suspended and that unanimous consent to the immediate consideration and adoption of said resolution be given. The motion was seconded by Councilman Alverson. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson and Alverson. Nays: None. Council President McGowan declared the motion approved.

Councilman Alverson then moved that said resolution be now placed upon its final passage and adopted. The motion was seconded by Councilman Jenkins. The question being put as to the adoption of said motion and the passage of said resolution, on roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson and Alverson. Nays: None. Council President McGowan declared the motion approved and the resolution adopted.

On motion of Councilman Henderson, seconded by Councilman Alverson, the council adjourned subject to the call of the Council President.

______________________________

James McGowan - Council President

ATTEST:

______________________________

Penny Isbell - City Clerk

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