Pell City



STATE OF ALABAMA

ST. CLAIR COUNTY

The City Council of the City of Pell City met in a work session at the City Hall at 5:30 p.m. on Monday, May 22, 2017. Present were Council President James McGowan, Councilmen Blaine Henderson, Jason Mitcham and Jud Alverson. Councilman Jay Jenkins was absent. Council President McGowan opened the meeting for discussion.

The invocation was led by Jay Headrick.

The pledge to the American Flag was led by Greg Gossett.

The City Clerk had roll call for attendance.

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

City Manager Muenger presented four requisitions on file over the amount of $5,000.00.

❖ Kellis Vegetation - $8,100.00 for vegetation management along ditches and the City rail spur

❖ Alabama Pump & Supply Co. - $7,000.00 for the purchase of a 50hp motor to serve as a backup for the rotors at the WWTP

❖ Brasher Electronics - $3,284.99 for upfitting of the proposed Police vehicle that is separately incorporated in the agenda

❖ Brenntag Mid-South, Inc. - $6,820.00 for Alum at the WWTP

There were no comments on the minutes of the regular council meeting held on May 8, 2017.

Sean Whitt, Williams Blackstock Architects, addressed the council regarding the Civic Center renovations. City Manager Muenger stated the City is at a juncture where there is a need to move forward with the architectural engineering design on the project and to select the concept. Mr. Whitt provided some designs for the upgrade of the Civic Center, which were shown to the Council Members for review. Mr. Muenger stated the City had to maintain some functionality that has to be preserved in the center, which is to contain the basketball courts. The bond issue allowed for about $750,000.00 in renovations which would be for the building as well as HVAC for the center. The City is continuing to solicit funds for help with the tennis program. The City was invited to do a second round grant application which would bring some additional outside funds. Mr. Muenger stated the City would like for each councilmember to review the options and provide the architect with approval to move forward and enter a design.

Heather Sellers, Sinclair Broadcast Group, addressed the council. Sinclair Broadcast Group owns ABC 33/40, The CW21, and my68 out of Birmingham. Ms. Sellers spoke with council about a campaign that would provide overviews for upcoming events in Pell City and how it would benefit the City. Several different overviews were given as to how it would be broadcast on television and internet. City Manager Muenger stated that the City received a lot of exposure on FS1 and thinks this proposal individually and along with some video production would help spread the word on events that Pell City has going on and would help people looking to relocate or to visit Pell City. Council President McGowan agreed with the concept discussed.

Council discussed potential condemnations at:

❖ 219 (300) 4th Street North

❖ 1034 1st Avenue South

❖ 810 14th Street South

❖ 1321 Martin Street South

❖ 1402 Mulberry Street

City Manager Muenger outlined the notification process of condemnation and demolition. The City started with nine properties. Three of the owners have opted to demolish their property and clear the site, another property was sold to the local Board of Education. The City Manager proposed a demolition of the property with the Board of Education who had begun the abatement of the asbestos on those properties. Upon reviewing the photographs of the properties, it was obvious as to the reason the City chose to condemn the properties.

Council discussed a proposal from Dynamic Outdoor Services for improvements to the Park & Rec Sports Fields. City Manager Muenger stated the continued feedback of the tournaments this year have been very strong. The City had a good amount of revenue from sharing tournaments, concessions, and rental tournaments this year. One of the issues that came up this year was the length of time the fields needed to recover from any substantial rain, which is due to drainage problems. Mr. Jacobik stated last year (2016) was the first year they didn’t add dirt. Dynamic Services has added dirt for the past five to six years. Mr. Muenger provided council members a worksheet with money earned from the concession sales, outside tournaments and Pell City tournaments. Mr. Muenger stated he wants people to come, utilize and enjoy the remodeled Civic Center and the baseball/softball parks. Mr. Edge stated the work is normally done in November and December, but Mr. Muenger recommended the work be done in July, due to no games being played. The City is now doing irrigation with natural water and there is no algae transferred onto the grass.

Council discussed the 2017 Chamber of Commerce Special Events Business License Fee. The itinerant vendors would purchase a license for $20.00 plus the $12.00 issuance fee for all Chamber sanctioned events. The events scheduled for 2017 are the Block Party, Blues & BBQ Bash, Alabama Bass Trail, and the Christmas Parade.

The council was presented the Municipal Water Prevention Program (MWPP) Annual Report. Byron Woods addressed council pertaining to the Municipal Water Pollution Prevention (MWPP). The City is in the lowest bracket, which is the best bracket to be in, according to ADEM. Mr. Woods referred council to page eighteen in their package, which was the attachment and resolution informing ADEM that the city has reviewed and are aware where the City stands, and they understand it’s required to maintain compliance at all times.

Council discussed appointments to the Board of Zoning Adjustments, Commercial Development Authority and the Industrial Development Board. Incumbents who reapplied were as follows. No other applications were received.

BZA - Gloria Fomby & Sarah Brazzolotto (3-year term expiring 06/13/2020)

CDA – Ron Helms & Admiral Dennis Brooks (4-year term expiring 06/25/2021)

IDB – Dwight Blair, Philip Guinn, Alyson Tucker (2-year term expiring 04/13/2019)

City Manager Muenger stated that all the positions were advertised in the newspaper, the City website and the bulletin board at City Hall. All expiring term Board Members received a letter and were asked if they desired to reapply and the members listed were the members that reapplied for a new term.

Council discussed the purchase of a new vehicle for Police Chief Irwin. City Manager Muenger stated the City purchased four police vehicles earlier in the year and did not purchase the F-150 truck. With the Police Department not purchasing the truck, that provided them with the necessary funds for the purchase of the vehicle for Chief Irwin. After searching the available inventory on the State Bid List, the City found a 2017 Chevrolet Tahoe which was immediately ready for purchase and upfitting.

Council discussed a proposal from Pell City Heating & Cooling to replace an HVAC unit at the Social Services building. City Manager Muenger discussed the failure of two units out of three at the building. The City was able to repair one of the units but the other unit needed to be replaced. There were three quotes received for the replacement of a 7.5 ton unit. The lowest quote was provided by Pell City Heating and Cooling in the amount of $7,890.00. The adopted budget for this building provided $15,000.00 for repairs and maintenance. If approved, the replacement HVAC would be paid for from this line item.

City Manager Comments: None.

Mayor Comments: None.

At 6:23 p.m., Councilman Henderson made a motion to enter into Executive Session for approximately 35 minutes. The motion was seconded by Councilman Mitcham and unanimously approved by the council. On roll call, those voting aye being: Council President McGowan, Councilmen Henderson, Mitcham and Alverson. Nays: None. City Attorney John Rea certified that the purpose for the Executive Session was to discuss a pending potential litigation imminently likely to be litigated. Councilman Mitcham made a motion to end the Executive Session and enter into regular session at 7:01 p.m. The motion was seconded by Councilman Alverson and unanimously approved by the council. On roll call, those voting aye being: Council President McGowan, Councilmen Henderson, Mitcham and Alverson. Nays: None. No action was taken.

The City Council of the City of Pell City met in a regular council meeting at the City Hall at 7:01 p.m. on Monday, May 22, 2017. Present were Council President James McGowan, Councilmen Blaine Henderson, Jason Mitcham and Jud Alverson. Councilman Jay Jenkins was absent. Those present constituting a quorum of the council, the following business was transacted:

The City Clerk had roll call for attendance.

Now was the time set aside for a Final Public Hearing on the Community Development Block Grant Project – Economic Development Fund LR-ED-PF-10-101. (Water and sewer improvements were constructed to support the expansion of Eissmann Automotive North America, Incorporated in the Industrial Park.) Council President McGowan opened the Public Hearing at 7:02 p.m. No comments were made. Councilman Mitcham made a motion to close the Public Hearing at 7:03 p.m. The motion was seconded by Councilman Henderson and unanimously approved by the council.

Now was the time set aside for a Public Hearing regarding the condemnation of property located at 219 (300) 4th Street North, Parcel ID# 23-08-34-4-001-045.000. Council President McGowan opened the Public Hearing at 7:04 p.m. No one was present for comments. Councilman Henderson made a motion to close the Public Hearing at 7:05 p.m. The motion was seconded by Councilman Mitcham and unanimously approved by the council.

Now was the time set aside for a Public Hearing regarding the condemnation of property located at 1034 1st Avenue South, Parcel ID# 28-01-02-1-002-040.001. Council President McGowan opened the Public Hearing at 7:05 p.m. Gerald Freeman, representing Karen Freeman and Margaret McInish, addressed the council. He stated that they had no ownership in the property, just a tax lien. They were wanting to sell the tax lien to a neighbor. He asked the council to allow the neighbor to cut the grass and maintain the property until they were able to redeem the property or sell the tax lien. Mr. Freeman stated that they would receive a tax deed in about a year and eleven months. He felt the repairs would be simple. City Manager Muenger explained to the council that the options were to either submit a plan of work, tear it down or the City to condemn it. He stated that he had not had much luck with plans of work being submitted and followed through. Mr. Freeman asked the council to table the matter until he could sell the tax lien or redeem the tax lien in two years. Mr. Muenger stated that he didn’t see any reason to deviate from the ordinance. The City still had the process of bidding out the demolition of the structures. City Attorney Rea informed Mr. Freeman that if he would like to readdress the council with a plan of work, he would need to contact the City Clerk to be added to the June 12th agenda. There being no further comments, Councilman Alverson made a motion to close the Public Hearing at 7:17 p.m. The motion was seconded by Councilman Henderson and unanimously approved by the council.

Now was the time set aside for a Public Hearing regarding the condemnation of property located at 810 14th Street South, Parcel ID# 28-01-01-3-004-021.000. Council President McGowan opened the Public Hearing at 7:18 p.m. No one was present for comments. Councilman Mitcham made a motion to close the Public Hearing at 7:18 p.m. The motion was seconded by Councilman Henderson and unanimously approved by the council.

Now was the time set aside for a Public Hearing regarding the condemnation of property located at 1321 Martin Street South, Parcel ID# 29-03-07-2-001-004.000. Council President McGowan opened the Public Hearing at 7:18 p.m. Ms. Martin addressed the council and stated that they would make plans to tear down the structure themselves. There being no further comments, Councilman Henderson made a motion to close the Public Hearing at 7:19 p.m. The motion was seconded by Councilman Alverson and unanimously approved by the council.

Now was the time set aside for a Public Hearing regarding the condemnation of property located at 1402 Mulberry Street, Parcel ID# 29-02-04-0-002-052.000. Council President McGowan opened the Public Hearing at 7:19 p.m. Ms. Rebecca Johnson addressed the council. She stated that a contractor had told her that nothing was wrong with the house. The original structure was a single-wide mobile home and her parents had built around it. She informed the council that it would take her a year to completely clean the house out and repair it. She was still cleaning out the house from the last tenants. Council President McGowan informed Ms. Johnson she could bring back a plan of work to the next council meeting scheduled for June 12th for the council’s consideration. There being no further comments, Councilman Mitcham made a motion to close the Public Hearing at 7:25 p.m. The motion was seconded by Councilman Alverson and unanimously approved by the council.

Mayor Pruitt presented the following proclamation to the Pell City High School Biomedical Science Debate Team:

WHEREAS, Pell City High School Senior Peyton Cofer, Senior Allison Epperson, Junior Julie Foshee and Junior Jasmine Ramsey completed an exam and qualified to compete in the HOSA (Health Occupations Students of America) State Competition in the Biomedical Science Debate Category on February 1, 2017; and

WHEREAS, these four students were among the top biomedical debate teams in the State of Alabama when they arrived at the HOSA State Competition at the Renaissance Hotel & Spa Convention Center in Montgomery, Alabama on February 23 – 24, 2017; and

WHEREAS, the Pell City High School students went on to complete another exam in Round One in the State HOSA Competition, which qualified them for the top six biomedical debate teams and progressed the teams to Round Two; and

WHEREAS, the PCHS students were given the negative side of the debate where the argument/topic was “The United States has the best healthcare system in the world”; and

WHEREAS, at the end of the two-day competition, the four students from Pell City High School were announced as the First Place Winners of the debate beating out esteemed opponents from across the State of Alabama.

NOW, THEREFORE, IT IS PROCLAIMED by the Mayor, City Council and City Manager of the City of Pell City, that the City is extremely proud of these four students and wishes them the best of luck as they attempt to take home the International HOSA Biomedical Debate Team title in Orlando, Florida on June 20 – 25, 2017.

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

On motion of Councilman Alverson, seconded by Councilman Henderson, the council unanimously approved the requisitions over $5,000.00 on file.

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved the minutes of the regular council meeting held on May 8, 2017.

On motion of Councilman Alverson, seconded by Councilman Henderson, the council unanimously approved the following resolution condemning the property located at 219 (300) 4th Street North.

RESOLUTION NO. 2017 – 4766

A RESOLUTION DECLARING THE STRUCTURE LOCATED AT 219 (300) 4TH STREET NORTH, PELL CITY, AL 35125, TAX PARCEL # 23-08-34-4-001-045.000, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE STRUCTURE TO BE DEMOLISHED

WHEREAS, in accordance with the provisions of Ordinance No. 2015-4496 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the structure located at 219 (300) 4th Street North, Pell City, AL 35125, Tax Parcel # 23-08-34-4-001-045.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

COM SE COR SE/4 W 625' N 440' TO NE COR LOT 18 EDEN DEV ADDFOR POB: TH NW 310' ALG 3RD AVE N SW 130' SLY 67' SW 67' E420' NE 185' TO POB Section 34 Township 16 Range 3 (hereinafter “the Structure”); and,

WHEREAS, the Official has determined that the Structure is unsafe to the extent that it is a public nuisance in violation of the Ordinance and applicable Alabama law for the reasons set forth in the Official’s written report, which is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the Ordinance and applicable Alabama law, the Official has provided written notice by certified or registered mail of the above-referenced condition of the Structure to the owner of the unsafe Structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and all lienholders and mortgagees of record, if any (collectively the “Noticed Parties”), which notices are attached collectively hereto as Exhibit B and expressly incorporated herein by reference; and,

WHEREAS, in addition, the Official has posted written notice of the above-referenced condition of the Structure within three (3) days of the date of mailing at or within three feet (3') of an entrance to the Structure, or if there was no entrance, the notice was posted at a location on or about the Structure; and,

WHEREAS, the Noticed Parties were provided the opportunity to submit a plan of work to remedy the unsafe or dangerous condition of the Structure or to demolish the Structure within the time specified by the Ordinance; and,

WHEREAS, the Noticed Parties were also notified of a public hearing before the City Council of the City of Pell City to be held on May 22, 2017 at 7:00 p.m. for the purposes of providing the Noticed Parties the opportunity to state objections to the finding by the Official that the Structure is unsafe to the extent of becoming a public nuisance; and,

WHEREAS, any interested persons appearing at said public hearing have been given an opportunity to make comments to the City Council on the condition of the Structure and the Official’s findings, and the City Council has considered such comments as may have been made with respect thereto.

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

1. That the structure located at 219 (300) 4th Street North, Pell City, AL 35125, Tax Parcel # 23-08-34-4-001-045.000, and more particularly described above, is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law, for the reasons set forth in the Official’s written report attached hereto as Exhibit A and expressly incorporated herein by reference.

2. That the structure located at 219 (300) 4th Street North, Pell City, AL 35125, Tax Parcel # 23-08-34-4-001-045.000, and more particularly described above, which has been inspected and found to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law shall be demolished, and the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the demolition, as provided by said Ordinance and applicable Alabama law.

On motion of Councilman Henderson, seconded by Councilman Mitcham, the council unanimously approved the following resolution condemning the property located at 1034 1st Avenue South:

RESOLUTION NO. 2017 – 4767

A RESOLUTION DECLARING THE STRUCTURE LOCATED AT 1034 1ST AVENUE SOUTH, PELL CITY, AL 35125, TAX PARCEL # 28-01-02-1-002-040.001, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE STRUCTURE TO BE DEMOLISHED

WHEREAS, in accordance with the provisions of Ordinance No. 2015-4496 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the structure located at 1034 1st Avenue South, Pell City, AL 35125, Tax Parcel # 28-01-02-1-002-040.001, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

LOT 1 BLK 14 GRIFFITH'S ADD LESS S 60' Section 2 Township 17 Range 3 (hereinafter “the Structure”); and,

WHEREAS, the Official has determined that the Structure is unsafe to the extent that it is a public nuisance in violation of the Ordinance and applicable Alabama law for the reasons set forth in the Official’s written report, which is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the Ordinance and applicable Alabama law, the Official has provided written notice by certified or registered mail of the above-referenced condition of the Structure to the owner of the unsafe Structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and all lienholders and mortgagees of record, if any (collectively the “Noticed Parties”), which notices are attached collectively hereto as Exhibit B and expressly incorporated herein by reference; and,

WHEREAS, in addition, the Official has posted written notice of the above-referenced condition of the Structure within three (3) days of the date of mailing at or within three feet (3') of an entrance to the Structure, or if there was no entrance, the notice was posted at a location on or about the Structure; and,

WHEREAS, the Noticed Parties were provided the opportunity to submit a plan of work to remedy the unsafe or dangerous condition of the Structure or to demolish the Structure within the time specified by the Ordinance; and,

WHEREAS, the Noticed Parties were also notified of a public hearing before the City Council of the City of Pell City to be held on May 22, 2017 at 7:00 p.m. for the purposes of providing the Noticed Parties the opportunity to state objections to the finding by the Official that the Structure is unsafe to the extent of becoming a public nuisance; and,

WHEREAS, any interested persons appearing at said public hearing have been given an opportunity to make comments to the City Council on the condition of the Structure and the Official’s findings, and the City Council has considered such comments as may have been made with respect thereto.

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

3. That the structure located at 1034 1st Avenue South, Pell City, AL 35125, Tax Parcel # 28-01-02-1-002-040.001, and more particularly described above, is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law, for the reasons set forth in the Official’s written report attached hereto as Exhibit A and expressly incorporated herein by reference.

4. That the structure located at 1034 1st Avenue South, Pell City, AL 35125, Tax Parcel # 28-01-02-1-002-040.001, and more particularly described above, which has been inspected and found to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law shall be demolished, and the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the demolition, as provided by said Ordinance and applicable Alabama law.

On motion of Councilman Henderson, seconded by Councilman Mitcham, the council unanimously approved the following resolution condemning the property located at 810 14th Street South:

RESOLUTION NO. 2017 – 4768

A RESOLUTION DECLARING THE STRUCTURE LOCATED AT 810 14TH STREET SOUTH, PELL CITY, AL 35128 TAX PARCEL # 28-01-01-3-004-021.000 TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE STRUCTURE TO BE DEMOLISHED

WHEREAS, in accordance with the provisions of Ordinance No. 2015-4496 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the structure located at 810 14th Street South, Pell City, AL 35128, Tax Parcel # 28-01-01-3-004-021.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

S 60' LOTS 4, 5 & 6 BLK 150 PELL CITY Section 1 Township 17 Range 3 (hereinafter “the Structure”); and,

WHEREAS, the Official has determined that the Structure is unsafe to the extent that it is a public nuisance in violation of the Ordinance and applicable Alabama law for the reasons set forth in the Official’s written report, which is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the Ordinance and applicable Alabama law, the Official has provided written notice by certified or registered mail of the above-referenced condition of the Structure to the owner of the unsafe Structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and all lienholders and mortgagees of record, if any (collectively the “Noticed Parties”), which notices are attached collectively hereto as Exhibit B and expressly incorporated herein by reference; and,

WHEREAS, in addition, the Official has posted written notice of the above-referenced condition of the Structure within three (3) days of the date of mailing at or within three feet (3') of an entrance to the Structure, or if there was no entrance, the notice was posted at a location on or about the Structure; and,

WHEREAS, the Noticed Parties were provided the opportunity to submit a plan of work to remedy the unsafe or dangerous condition of the Structure or to demolish the Structure within the time specified by the Ordinance; and,

WHEREAS, the Noticed Parties were also notified of a public hearing before the City Council of the City of Pell City to be held on May 22, 2017 at 7:00 p.m. for the purposes of providing the Noticed Parties the opportunity to state objections to the finding by the Official that the Structure is unsafe to the extent of becoming a public nuisance; and,

WHEREAS, any interested persons appearing at said public hearing have been given an opportunity to make comments to the City Council on the condition of the Structure and the Official’s findings, and the City Council has considered such comments as may have been made with respect thereto.

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

5. That the structure located at 810 14th Street South, Pell City, AL 35128, Tax Parcel # 28-01-01-3-004-021.000, and more particularly described above, is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law, for the reasons set forth in the Official’s written report attached hereto as Exhibit A and expressly incorporated herein by reference.

6. That the structure located at 810 14th Street South, Pell City, AL 35128, Tax Parcel # 28-01-01-3-004-021.000, and more particularly described above, which has been inspected and found to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law shall be demolished, and the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the demolition, as provided by said Ordinance and applicable Alabama law.

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved the following resolution condemning the property located at 1321 Martin Street South:

RESOLUTION NO. 2017 – 4769

A RESOLUTION DECLARING THE STRUCTURE LOCATED AT 1321 MARTIN STREET SOUTH, PELL CITY, AL 35128, TAX PARCEL # 29-03-07-2-001-004.000, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE STRUCTURE TO BE DEMOLISHED

WHEREAS, in accordance with the provisions of Ordinance No. 2015-4496 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the structure located at 1321 Martin Street South, Pell City, AL 35128, Tax Parcel # 29-03-07-2-001-004.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

BEG 947' S OF NW COR SEC 7 E 50' SE 580' W 30' S 100' E 130'N 665' TO POB Section 7 Township 17 Range 4 (hereinafter “the Structure”); and,

WHEREAS, the Official has determined that the Structure is unsafe to the extent that it is a public nuisance in violation of the Ordinance and applicable Alabama law for the reasons set forth in the Official’s written report, which is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the Ordinance and applicable Alabama law, the Official has provided written notice by certified or registered mail of the above-referenced condition of the Structure to the owner of the unsafe Structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and all lienholders and mortgagees of record, if any (collectively the “Noticed Parties”), which notices are attached collectively hereto as Exhibit B and expressly incorporated herein by reference; and,

WHEREAS, in addition, the Official has posted written notice of the above-referenced condition of the Structure within three (3) days of the date of mailing at or within three feet (3') of an entrance to the Structure, or if there was no entrance, the notice was posted at a location on or about the Structure; and,

WHEREAS, the Noticed Parties were provided the opportunity to submit a plan of work to remedy the unsafe or dangerous condition of the Structure or to demolish the Structure within the time specified by the Ordinance; and,

WHEREAS, the Noticed Parties were also notified of a public hearing before the City Council of the City of Pell City to be held on May 22, 2017 at 7:00 p.m. for the purposes of providing the Noticed Parties the opportunity to state objections to the finding by the Official that the Structure is unsafe to the extent of becoming a public nuisance; and,

WHEREAS, any interested persons appearing at said public hearing have been given an opportunity to make comments to the City Council on the condition of the Structure and the Official’s findings, and the City Council has considered such comments as may have been made with respect thereto.

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

7. That the structure located at 1321 Martin Street South, Pell City, AL 35128, Tax Parcel # 29-03-07-2-001-004.000, and more particularly described above, is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law, for the reasons set forth in the Official’s written report attached hereto as Exhibit A and expressly incorporated herein by reference.

8. That the structure located at 1321 Martin Street South, Pell City, AL 35128, Tax Parcel # 29-03-07-2-001-004.000, and more particularly described above, which has been inspected and found to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law shall be demolished, and the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the demolition, as provided by said Ordinance and applicable Alabama law.

On motion of Councilman Alverson, seconded by Councilman Mitcham, the council unanimously approved the following resolution condemning the property located at 1402 Mulberry Street:

RESOLUTION NO. 2017 – 4770

A RESOLUTION DECLARING THE STRUCTURE LOCATED AT 1402 MULBERRY STREET, PELL CITY, AL 35128, TAX PARCEL # 29-02-04-0-002-052.000, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE STRUCTURE TO BE DEMOLISHED

WHEREAS, in accordance with the provisions of Ordinance No. 2015-4496 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the structure located at 219 (300) 4th Street North, Pell City, AL 35125, Tax Parcel # 23-08-34-4-001-045.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

BEG 1212' N OF SE COR SW/4 TH NW ALG R/W 200.56' S ALG R/W120' E 200' N 105' TO POB AKA LOT 1 BLK 4 WALKER S/D Section 4 Township 17 Range 4 (hereinafter “the Structure”); and,

WHEREAS, the Official has determined that the Structure is unsafe to the extent that it is a public nuisance in violation of the Ordinance and applicable Alabama law for the reasons set forth in the Official’s written report, which is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the Ordinance and applicable Alabama law, the Official has provided written notice by certified or registered mail of the above-referenced condition of the Structure to the owner of the unsafe Structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and all lienholders and mortgagees of record, if any (collectively the “Noticed Parties”), which notices are attached collectively hereto as Exhibit B and expressly incorporated herein by reference; and,

WHEREAS, in addition, the Official has posted written notice of the above-referenced condition of the Structure within three (3) days of the date of mailing at or within three feet (3') of an entrance to the Structure, or if there was no entrance, the notice was posted at a location on or about the Structure; and,

WHEREAS, the Noticed Parties were provided the opportunity to submit a plan of work to remedy the unsafe or dangerous condition of the Structure or to demolish the Structure within the time specified by the Ordinance; and,

WHEREAS, the Noticed Parties were also notified of a public hearing before the City Council of the City of Pell City to be held on May 22, 2017 at 7:00 p.m. for the purposes of providing the Noticed Parties the opportunity to state objections to the finding by the Official that the Structure is unsafe to the extent of becoming a public nuisance; and,

WHEREAS, any interested persons appearing at said public hearing have been given an opportunity to make comments to the City Council on the condition of the Structure and the Official’s findings, and the City Council has considered such comments as may have been made with respect thereto.

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

9. That the structure located at 1402 Mulberry Street, Pell City, AL 35128, Tax Parcel # 29-02-04-0-002-052.000, and more particularly described above, is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law, for the reasons set forth in the Official’s written report attached hereto as Exhibit A and expressly incorporated herein by reference.

10. That the structure located at 1402 Mulberry Street, Pell City, AL 35128, Tax Parcel # 29-02-04-0-002-052.000, and more particularly described above, which has been inspected and found to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2015-4496 of the City of Pell City and applicable Alabama law shall be demolished, and the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the demolition, as provided by said Ordinance and applicable Alabama law.

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved the following resolution approving a proposal from Dynamic Outdoor Services for improvements to the Park & Rec Sports Fields:

RESOLUTION NO. 2017 – 4771

A RESOLUTION REGARDING A PROPOSAL TO IMPROVE THE INFIELDS OF THE BASEBALL AND SOFTBALL COMPLEXES AT THE PELL CITY SPORTS COMPLEX

WHEREAS, the City Council of the City of Pell City recognizes the need to improve and maintain the fields at the Pell City Park & Recreation Sports Complex; and

WHEREAS, Dynamic Outdoor Services, LLC (hereinafter “Dynamic Outdoor”) has presented a proposal, as described in “Exhibit A”, to provide the labor to improve the infields of the baseball and softball complexes; and

WHEREAS, the City Council has determined that it is wise, expedient, and in the best interests of the citizens of Pell City to enter into a professional services agreement with Dynamic Outdoor to provide such services for a proposed fee of $5,500.00.

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 Dynamic Outdoor for a fee of $5,500.00, as proposed, to provide the labor to improve the infields of the baseball and softball complexes.

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved the following resolution approving the 2017 Chamber of Commerce Special Events Business License fee:

RESOLUTION NO. 2017 - 4772

A RESOLUTION DECLARING THE SPECIAL EVENTS THAT QUALIFY FOR THE SPECIAL CHAMBER BUSINESS LICENSE FEE AND WAIVER OF THE SALES TAX BOND PURSUANT TO ORDINANCE NO. 2011 - 4016, AS AMENDED

WHEREAS, pursuant to Ordinance No. 2011 - 4016 as amended, the City has established a Special Chamber License Fee, which shall allow vendors operating pursuant to Section 27 of said Ordinance, as amended, to participate in all special events sponsored by the Greater Pell City Chamber of Commerce and recognized by the City Council during a calendar year for a single charge of $20.00 per year, plus a business license issuance fee; and,

WHEREAS, Ordinance 2011 - 4016, as amended, provides that the City Council shall recognize the special events that qualify for the Special Chamber License Fee by Resolution; and,

WHEREAS, Ordinance 2011 - 4016, as amended, provides that the City Council shall have the power to waive the sales tax bond required by Section 28 of said Ordinance, as amended, for Special Events that are sponsored by a not-for-profit organization and recognized by Resolution of the City Council; and,

WHEREAS, the City Council desires to establish for calendar year 2017 the Special Events that qualify for the Special Chamber License Fee, as provided by Section 27(i) of Ordinance No. 2011 - 4016, as amended, and the sales tax bond waiver, as provided by Section 28(d) of Ordinance No. 2011 - 4016, as amended.

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

11. That for calendar year 2017, the Special Events that qualify for the Special Chamber License Fee, as provided by Section 27(i) of Ordinance No. 2011-4016, as amended, and the sales tax bond waiver, as provided by Section 28(d) of Ordinance No. 2011-4016, as amended, shall be:

Event Estimated Date

• Hometown Block Party June 2, 2017

• Logan Martin Blues & BBQ Bash August 19, 2017

• Alabama Bass Trail October 6 & 7, 2017

• Christmas Parade December 14, 2017

12. That the City Manager and City Clerk be, and they hereby are, authorized to take all action necessary to implement this Resolution and Ordinance No. 2011-4016, as amended.

On motion of Councilman Alverson, seconded by Councilman Henderson, the council unanimously approved the Municipal Water Prevention Program (MWPP) Annual Report.

On motion of Councilman Henderson, seconded by Councilman Alverson, the council unanimously approved the reappointment of Gloria Fomby and Sarah Brazzolotto to another 3-year term on the Board of Zoning Adjustments. The new term will expire 06/13/2020.

On motion of Councilman Mitcham, seconded by Councilman Alverson, the council unanimously approved the reappointment of Ron Helms and Admiral Dennis Brooks to another 4-year term on the Commercial Development Authority. The new term will expire 06/25/2021.

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved the reappointment of Dwight Blair, Philip Guinn and Alyson Tucker to another 2-year term on the Industrial Development Board. The new term will expire 04/13/2019.

On motion of Councilman Mitcham, seconded by Councilman Alverson, the council unanimously approved the purchase of a new vehicle for Police Chief Irwin.

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved to table the consideration of the proposal received from Pell City Heating & Cooling to replace an HVAC unit at the Social Services Building.

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

______________________________

James McGowan - Council President

ATTEST:

______________________________

Penny Isbell - City Clerk

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