Pell City



STATE OF ALABAMA

ST. CLAIR COUNTY

The City Council of the City of Pell City met in a regular session at the City Hall at 10:00 a.m. on Monday, January 13, 2014. Present were Council President James McGowan, Councilmembers Jay Jenkins, Dot Wood, Sharon Thomas and Terry Templin. Those present constituting the entirety of the council, the following business was transacted:

The invocation was led by Jay Headrick.

The pledge to the American flag was led by Mayor Funderburg.

The City Manager had roll call for attendance.

On motion of Councilmember Thomas, seconded by Councilmember Templin, the council unanimously approved the payment of bills on file.

On motion of Councilmember Thomas, seconded by Councilmember Jenkins, the council unanimously approved to table the minutes of the special called meeting held on November 12, 2013.

On motion of Councilmember Thomas, seconded by Councilmember Templin, the council unanimously approved to table the minutes of the regular meetings held on November 25, 2013 and December 9, 2013 and the special called meeting held on December 19, 2013.

City Manager Draper made a recommendation to offer the owners of Pine Harbor Golf Course a lease payment of $5,000.00 per month for 60 months. On motion of Councilmember Jenkins, seconded by Councilmember Wood, the council unanimously approved the recommendation.

On motion of Councilmember Wood, seconded by Councilmember Thomas, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 – 4294A

A RESOLUTION AWARDING THE BID FOR THE PURCHASE OF CERTAIN POLICE CAR EQUIPMENT FOR THE POLICE DEPARTMENT’S 2014 FORD EXPLORER VEHICLE

WHEREAS, the City of Pell City has taken and received competitive sealed bids for the purchase of certain police car equipment for the 2014 Ford Explorer vehicle operated by the Pell City Police Department, which equipment 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 was submitted by Emergency Lighting by Haynes in the amount of $10,362.51.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City that the City awards the bid for the purchase of the above-described police car equipment to Emergency Lighting by Haynes in the amount of $10,362.51.

On motion of Councilmember Wood, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 – 4295

A RESOLUTION AWARDING THE BID FOR THE PURCHASE OF CERTAIN POLICE CAR EQUIPMENT FOR THE POLICE DEPARTMENT’S 2014 FORD TAURUS VEHICLES

WHEREAS, the City of Pell City has taken and received competitive sealed bids for the purchase of certain police car equipment for the 2014 Ford Taurus vehicles operated by the Pell City Police Department, which equipment 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 was submitted by 10-100 Electronics in the amount of $44,508.03.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City that the City awards the bid for the purchase of the above-described police car equipment to 10-100 Electronics in the amount of $44,508.03.

On motion of Councilmember Templin, seconded by Councilmember Jenkins, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 – 4296

A RESOLUTION PROVIDING FOR THE SALE OF UNNEEDED PERSONAL PROPERTY

WHEREAS, the City of Pell City, Alabama, has a 1999 Quality brand Fire Engine that is no longer needed for public or municipal purposes; and,

WHEREAS, Section 11-43-56 of the Code of Alabama, 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 1999 Quality brand Fire Engine owned by the City of Pell City, Alabama, is not needed for public or municipal purposes.

Section 2. That the City Manager be, and he hereby is, authorized and directed to enter into a contract with Brindley Mountain, in form and substance as attached hereto as Exhibit A and incorporated herein by reference, to dispose of the 1999 Quality brand Fire Engine owned by the City of Pell City, Alabama.

On motion of Councilmember Wood, seconded by Councilmember Thomas, the council unanimously approved to table the consideration of a modification to the Business License Ordinance.

On motion of Councilmember Templin, seconded by Councilmember Thomas, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 – 4297

AWARD CONTRACT FOR ADMINISTRATIVE SERVICES ON

COMMUNITY DEVELOPMENT BLOCK GRANT

WHEREAS, the City of Pell City has procured the services of professional administrative services for the implementation of Community Development Block Grant LR-CE-PF-13-016; and

WHEREAS, L. P. Campbell Company has been determined to be the most qualified firm to provide said services.

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

as follows:

1. that the administrative services for the implementation of said grant program is, hereby awarded to L. P. Campbell at a flat fixed fee of $15,000.00; and

2. that the Mayor is authorized to enter into the contract on behalf of the City of Pell City.

On motion of Councilmember Jenkins, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 - 4298

AWARD CONTRACT FOR ARCHITECTURAL SERVICES ON

COMMUNITY DEVELOPMENT BLOCK GRANT

WHEREAS, the City of Pell City has procured the services of professional architectural services for the implementation of Community Development Block Grant LR-CE-PF-13-016; and

WHEREAS, McKee and Associates has been determined to be the most qualified firm to provide said services.

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

as follows:

1. that the administrative services for the implementation of said grant program is, hereby awarded to McKee and Associates at a flat fixed fee of $24,500.00; and

2. that the Mayor is authorized to enter into the contract on behalf of the City of Pell City.

On motion of Councilmember Thomas, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 - 4299

A RESOLUTION REGARDING ARCHITECTURAL SERVICES FOR THE CITY’S 2014 CAPITAL IMPROVEMENT PLAN

WHEREAS, the City Council of the City of Pell City has approved certain capital improvement projects to improve the City, including the construction of a new City pool, the construction of improvements to the Pell City Civic Center, the purchase and renovation of a new public library facility, which purchase is still pending, and the construction of facilities and certain other improvements within the City’s Parks & Recreation Department; 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 Williams Blackstock Architects to provide architectural services for the above-described capital improvement projects for the City.

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 negotiate a professional services agreement with Williams Blackstock Architects to provide architectural services associated with the construction of the above-described capital improvement projects for the City.

2. That the City Manager be, and he hereby is, directed to present said professional services agreement with Williams Blackstock Architects for approval by the City Council, once said agreement is drafted.

Councilmember Wood made a motion to table the consideration of a policy regarding payments of claims against the City that are less than $1,000.00. The motion died for lack of a second. On motion of Councilmember Jenkins, seconded by Council President McGowan, the council approved a policy for payment of claims against the City that are less than $1,000.00. Councilmember Wood voted no.

On motion of Councilmember Thomas, seconded by Council President McGowan, the council approved the advertisement for a referendum on seven-day alcohol sales. On roll call vote, those voting aye being: Council President McGowan, Councilmembers Wood and Thomas. Nays: None. Councilmembers Jenkins and Templin abstained.

On motion of Councilmember Wood, seconded by Councilmember Thomas, the council unanimously approved the cancellation of the Public Safety Module and Maintenance on the Tyler System.

On motion of Councilmember Wood, seconded by Councilmember Jenkins, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 – 4301

A RESOLUTION DECLARING THE BUILDINGS OR STRUCTURES, OR PORTION THEREOF, LOCATED AT 1715 MCCOY ST., PELL CITY, AL 35125; TAX PARCEL # 23-07-36-3-005-029.000, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE BUILDING OR STRUCTURE TO BE DEMOLISHED

WHEREAS, the Building Inspector of the City of Pell City has inspected the buildings or structures, or portion thereof, located at 1715 McCoy St., Pell City, AL 35125, Tax Parcel # 23-07-36-3-005-029.000 (hereinafter “the Structure”); and,

WHEREAS, the Building Inspector has determined that the Structure is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 of the City of Pell City and applicable Alabama law; and,

WHEREAS, the City has sent notice of the above-referenced condition of the Structure to the occupant of the unsafe structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and the mortgagee of record, if any, which notice is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the provisions of City Ordinance 2001-1590 and applicable Alabama law, the above-referenced notice allowed the parties with an ownership interest in the Structure the opportunity to remedy the unsafe or dangerous condition of the Structure, or to demolish the same, within thirty (30) days of the date of the notice or suffer the Structure to be demolished by the City and the cost thereof assessed against the above-referenced property; and,

WHEREAS, the parties with an ownership interest in the Structure had the right to file a written request with the City Clerk setting out the objections to the finding that the above-described Structure is unsafe to the extent of being a public nuisance and to request a hearing before the City Council on the matter; and,

WHEREAS, no such written request setting out the objections to the finding that the above-described Structure is unsafe to the extent of being a public nuisance was filed nor was a hearing requested in this matter.

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

1. That the buildings or structures, or portion thereof, located at 1715 McCoy St., Pell City, AL 35125, Tax Parcel # 23-07-36-3-005-029.000, are hereby declared to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 of the City of Pell City and applicable Alabama law, for the reasons set forth in the notice attached hereto as Exhibit A and expressly incorporated herein by reference.

2. That the buildings or structures, or portion thereof, located at 1715 McCoy St., Pell City, AL 35125, Tax Parcel # 23-07-36-3-005-029.000, which have been declared to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 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. The City may sell or otherwise dispose of salvaged materials resulting from the demolition.

3. That the City Attorney be, and he hereby is, authorized to pursue such legal action as is necessary and advisable to abate and remove the public nuisance declared by this Resolution.

On motion of Councilmember Thomas, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 – 4302

A RESOLUTION DECLARING THE BUILDINGS OR STRUCTURES, OR PORTION THEREOF, LOCATED AT 203 PLEASANT VALLEY RD., PELL CITY, AL 35125, TAX PARCEL # 22-09-32-0-003-002.000, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE BUILDING OR STRUCTURE TO BE DEMOLISHED

WHEREAS, the Building Inspector of the City of Pell City has inspected the buildings or structures, or portion thereof, located at 203 Pleasant Valley Rd., Pell City, AL 35125, Tax Parcel # 22-09-32-0-003-002.000 (hereinafter “the Structure”); and,

WHEREAS, the Building Inspector has determined that the Structure is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 of the City of Pell City and applicable Alabama law; and,

WHEREAS, the City has sent notice of the above-referenced condition of the Structure to the occupant of the unsafe structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and the mortgagee of record, if any, which notice is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the provisions of City Ordinance 2001-1590 and applicable Alabama law, the above-referenced notice allowed the parties with an ownership interest in the Structure the opportunity to remedy the unsafe or dangerous condition of the Structure, or to demolish the same, within thirty (30) days of the date of the notice or suffer the Structure to be demolished by the City and the cost thereof assessed against the above-referenced property; and,

WHEREAS, the parties with an ownership interest in the Structure had the right to file a written request with the City Clerk setting out the objections to the finding that the above-described Structure is unsafe to the extent of being a public nuisance and to request a hearing before the City Council on the matter; and,

WHEREAS, no such written request setting out the objections to the finding that the above-described Structure is unsafe to the extent of being a public nuisance was filed nor was a hearing requested in this matter.

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

4. That the buildings or structures, or portion thereof, located at 203 Pleasant Valley Rd., Pell City, AL 35125, Tax Parcel # 22-09-32-0-003-002.000, are hereby declared to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 of the City of Pell City and applicable Alabama law, for the reasons set forth in the notice attached hereto as Exhibit A and expressly incorporated herein by reference.

5. That the buildings or structures, or portion thereof, located at 203 Pleasant Valley Rd., Pell City, AL 35125, Tax Parcel # 22-09-32-0-003-002.000, which have been declared to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 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. The City may sell or otherwise dispose of salvaged materials resulting from the demolition.

6. That the City Attorney be, and he hereby is, authorized to pursue such legal action as is necessary and advisable to abate and remove the public nuisance declared by this Resolution.

On motion of Councilmember Wood, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2014 - 4303

A RESOLUTION DECLARING THE BUILDINGS OR STRUCTURES, OR PORTION THEREOF, LOCATED AT 107 LAKEVIEW DR., PELL CITY, AL 35125, TAX PARCEL # 28-02-03-4-000-019.000, TO BE UNSAFE TO THE EXTENT OF BEING A PUBLIC NUISANCE AND ORDERING THE BUILDING OR STRUCTURE TO BE DEMOLISHED

WHEREAS, the Building Inspector of the City of Pell City has inspected the buildings or structures, or portion thereof, located at 107 Lakeview Dr., Pell City, AL 35125, Tax Parcel # 28-02-03-4-000-019.000 (hereinafter “the Structure”); and,

WHEREAS, the Building Inspector has determined that the Structure is unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 of the City of Pell City and applicable Alabama law; and,

WHEREAS, the City has sent notice of the above-referenced condition of the Structure to the occupant of the unsafe structure, the person or persons, firm, association, or corporation last assessing the said property for state taxes, and the mortgagee of record, if any, which notice is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, in accordance with the provisions of City Ordinance 2001-1590 and applicable Alabama law, the above-referenced notice allowed the parties with an ownership interest in the Structure the opportunity to remedy the unsafe or dangerous condition of the Structure, or to demolish the same, within thirty (30) days of the date of the notice or suffer the Structure to be demolished by the City and the cost thereof assessed against the above-referenced property; and,

WHEREAS, the parties with an ownership interest in the Structure had the right to file a written request with the City Clerk setting out the objections to the finding that the above-described Structure is unsafe to the extent of being a public nuisance and to request a hearing before the City Council on the matter; and,

WHEREAS, no such written request setting out the objections to the finding that the above-described Structure is unsafe to the extent of being a public nuisance was filed nor was a hearing requested in this matter.

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

7. That the buildings or structures, or portion thereof, located at 107 Lakeview Dr., Pell City, AL 35125, Tax Parcel # 28-02-03-4-000-019.000, are hereby declared to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 of the City of Pell City and applicable Alabama law, for the reasons set forth in the notice attached hereto as Exhibit A and expressly incorporated herein by reference.

8. That the buildings or structures, or portion thereof, located at 107 Lakeview Dr., Pell City, AL 35125, Tax Parcel # 28-02-03-4-000-019.000, which have been declared to be unsafe to the extent of being a public nuisance in violation of Ordinance No. 2001-1590 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. The City may sell or otherwise dispose of salvaged materials resulting from the demolition.

9. That the City Attorney be, and he hereby is, authorized to pursue such legal action as is necessary and advisable to abate and remove the public nuisance declared by this Resolution.

A Public Hearing was held regarding the adoption of Ordinance No. 2014 – 4300 concerning the implementation of the 2009 International Building Code. No public comments were forthcoming. On motion of Councilmember Templin, seconded by Councilmember Jenkins, the council unanimously approved to close the Public Hearing.

On motion of Councilmember Wood, seconded by Councilmember Jenkins, the council unanimously approved to Suspend the Rules in order to consider Ordinance No. 2014 – 4300.

Council President McGowan introduced the following ordinance:

ORDINANCE NO. 2014 – 4300

AN ORDINANCE AMENDING ORDINANCE 2012-4159 REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, MAINTENANCE, REPAIR, REHABILITATION, RECLAMATION, REMEDIATION, DEMOLITION OR ANY IMPROVEMENT OF BUILDINGS OR STRUCTURES WITHIN THE CITY OF PELL CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; DECLARING AND ESTABLISHING A FIRE DISTRICT; PROVIDING PENALITIES FOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCE AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, AS FOLLOWS:

Section A: That the provisions of Section 1 of Ordinance 2012-4159 are hereby amended to read as follows:

SECTION 1: There is hereby adopted by the City of Pell City for the purpose of establishing rules and regulations for the construction, enlargement, alteration, maintenance, repair, rehabilitation, reclamation, remediation, demolition or any improvement of buildings or structures within the City of Pell City, the following:

2009 International Building Code, International Code Council, including all appendices, supplements, and amendments thereto;

2009 International Residential Code, International Code Council, including all appendices, supplements, and amendments thereto.

2009 International Existing Building Code, International Code Council, including all appendices, supplements, and amendments thereto;

2012 International Fire Code, International Code Council, including all appendices, supplements, and amendments thereto;

2009 International Fuel Gas Code, International Code Council, including all appendices, supplements, and amendments thereto;

2009 International Energy Conservation Code. International Code Council, including all appendices, supplements, and amendments thereto;

2011 National Electrical Code, International Code council, including all appendices, supplements, and amendments thereto;

2009 International Mechanical Code, International Code Council, including all appendices, supplements, and amendments thereto; and

2009 International Plumbing Code, International Code Council, including all appendices, supplements, and amendments thereto.

Three (3) copies of each of such codes are on file in the office of the City Clerk, and the same are hereby adopted and incorporated as if set out at length herein; and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City.

The City Clerk is hereby authorized, directed and empowered to insert at the appropriate place in a copy of each of such codes a certificate to the effect that said codes are an official publication of building laws, ordinances, and resolutions passed and adopted by the Council and that said publications in book form of said building ordinances, laws, and resolutions affecting the City, by authority and under direction of the Council, are to be and become effective as the building laws and ordinances of the City.

Section B: Severability. If any section or provision of this Ordinance shall hereafter be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of any other section or provision of this Ordinance.

Section C: Repeal of Conflicting Ordinances. Any Ordinance in conflict with this Ordinance shall be and is hereby repealed on the effective date of this Ordinance.

Section D: Effective Date. This Ordinance shall become effective upon approval, passage, and publication as required by law.

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

Councilmember Jenkins moved that said ordinance be now placed upon its final passage and adopted. The motion was seconded by Councilmember Wood. The question being put as to the adoption of said motion and the passage of said ordinance, on roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved and the ordinance adopted.

At 10:20 a.m., Councilmember Jenkins made a motion to enter into Executive Session for approximately 30 minutes for the purpose of discussing potential economic development and incentives. The motion was seconded by Councilmember Thomas and unanimously approved by the council. On roll call vote, those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None.

The council reconvened at 10:52 a.m. with no action taken.

On motion of Council President McGowan, seconded by Councilmember Thomas, the council adjourned subject to the call of the Council President.

______________________________

James McGowan, Council President

ATTEST:

______________________________

Patrick Draper, City Manager

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