Pell-city.com



STATE OF ALABAMA

ST. CLAIR COUNTY

The City Council of the City of Pell City met in a regular council meeting at the City Hall at 7:00 p.m. on Monday, March 26, 2018. No work session was held prior to the council meeting. Present were Council President James McGowan, Councilmen Jay Jenkins and Jason Mitcham. Councilmen Blaine Henderson and Jud Alverson were absent. Those present constituting a quorum of the council, the following business was transacted:

The invocation was led by Councilman Jay Jenkins.

The pledge to the American Flag was led by Doug Carden.

The City Clerk had roll call for attendance.

Per Councilman Mitcham, Councilman Alverson had previously reviewed the bills on file and everything was in order. On motion of Councilman Mitcham, seconded by Councilman Jenkins, the council unanimously approved the bills on file.

There were no comments on the minutes of the regular council meeting held on January 8, 2018. On motion of Councilman Jenkins, seconded by Councilman Mitcham, the council unanimously approved the minutes of the regular council meeting held on January 8, 2018.

There were no comments on the minutes of the regular council meeting held on January 22, 2018. On motion of Council Jenkins, seconded by Councilman Mitcham, the council unanimously approved the minutes of the regular council meeting held on January 22, 2018.

There were no comments on the minutes of the regular council meeting held on February 12, 2018. On motion of Council Mitcham, seconded by Councilman Jenkins, the council unanimously approved the minutes of the regular council meeting held on February 12, 2018.

Councilman Jenkins presented the following proclamation to Cheryl Fagan, The Childrens’ Place, proclaiming April 2018 as Child Abuse Prevention Month:

WHEREAS, children are vital to our state’s future success, prosperity and quality of life as well as being our most vulnerable citizens; and

WHEREAS, all children deserve to have the safe, stable, nurturing homes and communities they need to foster their healthy growth and development; and

WHEREAS, child abuse and neglect is a community responsibility affecting both the current and future quality of life of a community; and

WHEREAS, communities that provide parents with the social support, knowledge of parenting and child development and concrete resources they need to cope with stress and nurture their children ensure all children grow to their full potential; and

WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community; and

WHEREAS, the St. Clair Children’s Advocacy Center has been an asset to our community for 25 years, providing resources and training, fostering family development and enhancing family functioning by coordinating services for children and families involved in child abuse.

IT IS THEREFORE PROCLAIMED, by the Mayor, City Council and City Manager of Pell City, Alabama, that April 2018 be proclaimed as Child Abuse Prevention Month and Children’s Place 25th Anniversary and call upon all citizens, community agencies, faith groups, elected leaders and businesses to continue their support of The Children’s Place and their efforts to prevent child abuse.

Urainah Glidewell addressed council regarding the 3rd Annual Historic Walking Tours. These tours are coordinated Statewide with the Alabama Tourism Board. The tours will be held each Saturday in April with the tours starting at City Hall at 10:00 a.m. They are asking for volunteers to be tour guides. Scripts will be provided. Over a hundred people toured last year with some of the tourists being out of the State and the Country. They are hoping to make this year’s tours extra special with this being St. Clair County’s bicentennial year.

City Manager Muenger presented a revised agreement with First United Methodist Church for the Boy Scouts’ Troop 199 use of the Eden City Hall. Mr. Muenger stated that there had been no significant increase in the utilities at the facilities so, therefore, he recommended the agreement renewal. The only revision was to the term, which was six months initially. On motion of Councilman Jenkins, seconded by Councilman Mitcham, the council unanimously approved the following resolution approving the agreement renewal with First United Methodist Church:

RESOLUTION NO. 2018 - 4909

A RESOLUTION AUTHORIZING THE CITY OF PELL CITY TO ENTER INTO AN AGREEMENT WITH FIRST UNITED METHODIST CHURCH OF PELL CITY, ALABAMA FOR THE USE OF

THE EDEN CITY HALL BUILDING FOR BOY SCOUT

MEETINGS AND BUSINESS

WHEREAS, the City of Pell City (“City”) is the owner of that certain land and improvements located thereon and known as the Eden City Hall Building in Pell City, Alabama (“Eden City Hall”); and,

WHEREAS, First United Methodist Church of Pell City, Alabama is a non-profit religious corporation hereinafter referred to as “FUMC”; and,

WHEREAS, FUMC is the sponsor organization for local Troop 199 of the Boy Scouts of America (collectively “User”); and,

WHEREAS, FUMC desires to reserve the Property at priority times for use in connection with Boy Scout meetings and business and is willing to pay a user fee and to undertake the maintenance and upkeep of the Property as additional consideration for its priority usage; and,

WHEREAS, the Property is not currently used for municipal purposes; and,

WHEREAS, City desires to allow FUMC to reserve the Property for priority usage by the Boy Scouts in exchange for FUMC’s agreement to pay said user fee and to undertake the maintenance and upkeep of the Property as provided herein.

1. 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 enter into a User Agreement with First United Methodist Church of Pell City, Alabama in form and substance as attached hereto as Exhibit A and incorporated herein by reference to reserve the Property at priority times for the use in connection with the Boy Scouts as stated in said Agreement.

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

2. That the City Manager be, and he hereby is, authorized to enter into a User Agreement on behalf of the City of Pell City with First United Methodist Church of Pell City, Alabama, in form and substance as attached hereto as Exhibit A, to reserve the Property at priority times for the use in connection with the Boy Scouts as stated in said Agreement.

City Manager Muenger presented an agreement with the Alabama Department of Transportation for the pavement rehabilitation, milling, and replacement of open graded friction course on I-20 Project# IM-I020(354). There will be no costs to the City in association with the project. On motion of Councilman Jenkins, seconded by Councilman Mitcham, the council unanimously approved the following resolution approving the agreement with ALDOT:

RESOLUTION NO. 2018 – 4910

A RESOLUTION APPROVING AN AGREEMENT WITH THE

ALABAMA DEPARTMENT OF TRANSPORTATION REGARDING

PROJECT NUMBER IM-I020(354)

WHEREAS, the City of Pell City, Alabama (hereinafter at times referred to as City) is desirous of having certain improvements made on I-20 within the City Limits of Pell City, in accordance with plans prepared by the Alabama Department of Transportation and designated as Project Number: IM-I020(354) Pavement Rehabilitation, Milling, and Replacement of Open Graded Friction Course on I-20 from 0.70 miles West of SR-4 (US-78) to 0.15 miles East of Old Coal City Road; and

WHEREAS, the Alabama Department of Transportation is now or may later be desirous of receiving Federal Aid for improvement of said highway; and

WHEREAS, the Federal Highway Administration, an agency of the United States of America, will not participate in any funding for the construction of said project until and unless the City will agree to certain requirements of the Federal Highway Administration. The City, for the purpose of complying with requirements of the Federal Highway Administration in regard to its funding of improvements of the type and kind in this agreement provided for, does hereby pass and adopt the following resolution:

BE IT RESOLVED by the City Council of the City of Pell City, that the plans of said project including alignment, profile, grades, typical sections and paving layouts as submitted to this City and which are now on file in the office of the City Clerk are hereby approved and that the location of said project as staked out by the Alabama Department of Transportation and as shown by said plans referred to are hereby approved and the Alabama Department of Transportation, in cooperation with the Federal Highway Administration, is hereby authorized to proceed with the grading, draining, paving, and otherwise improving and construction of said project in accordance with said plans.

The City, by and through its Council, hereby grants to the Alabama Department of Transportation the full use of and access to the dedicated widths of any existing streets for the construction of said project and hereby agrees to permit and allow the Alabama Department of Transportation to close and barricade the said project and intersecting streets for as long as necessary while the said project is being graded, drained, paved, and otherwise improved, and hereby agrees that the use of any street or highway for parking within an interchange area will not at any time be permitted.

The City hereby further agrees to adopt or pass such legally effective ordinances and/or laws as will permanently barricade and/or relocate certain intersecting streets as required by the State and to permanently deny or limit access at certain locations as required by the State along said improvements, all of which are more specifically stated as follows:

N/A – This project does not permanently barricade or relocate any intersecting streets.

Please refer to: Project Notes (Sheet 2C)

Please refer to: Temporary Traffic Control Plan Notes (Sheets 2D – 2E)

Please refer to: Sequence of Construction and Traffic Control Plan (Sheets 7 – 17)

BE IT FURTHER RESOLVED by the City Council, that for and in consideration of the Alabama Department of Transportation in cooperation with the federal Highway Administration, constructing said highway and routing traffic along the same through the City over said project, such City hereby agrees with the Alabama Department of Transportation and for the benefit of the Federal Highway Administration, that on the above mentioned project the City will not in the future permit encroachments upon the right of way; nor will it pass any ordinances or laws fixing a speed limit contrary to those limits provided for in Title 32, Chapter 5, Code of Alabama 1975, as amended, and other laws of Alabama; nor will it permit other than parallel parking in areas where parking is permitted; nor will it allow the placing of any information, regulatory, or warning signs, signals, median crossover, curb and pavement or other markings, and traffic signals without written approval of the Alabama Department of Transportation and the Federal Highway Administration, of the location, form and character of such installations. The traffic control devices and signs installed during construction, and those installed after completion of this project shall be in accordance with the latest edition of the national Manual on Uniform Traffic Control Devices and accepted standards adopted by the Alabama Department of Transportation of the State of Alabama and by the Federal Highway Administration. The City further agrees that subsequent traffic control devices deemed necessary by it in keeping with applicable statutes, rules and regulations to promote the safe and efficient utilization of the highway under the authority of Title 32, Chapter 5, Code of Alabama 1975, and all other applicable laws of Alabama, shall be subject to and must have the approval of the Alabama Department of Transportation of the State of Alabama and of the Federal Highway Administration, prior to installation and the City further agrees that it will enforce traffic and control the same under the provisions of Title 32, Chapter 5, Code of Alabama 1975, and other applicable laws of Alabama.

BE IT FURTHER RESOLVED by this City Council:

1. That the City agrees to perform all maintenance on crossroads, service drives, or relocated roads that are not designated Federal or State highways that are in the jurisdiction of the City.

2. That the City agrees to perform all maintenance on any existing road which has been replaced by a new road; or, if the existing road is not used, the City has the option of vacating same.

3. That the City agrees to perform all maintenance on interchanges to the theoretical crossing of the denied access line.

4. That the City agrees to perform all maintenance on grade separations along the roadway to the end of the bridge, or the denied access fence, whichever the case.

It is understood and agreed that no changes in this Resolution or Agreement shall in the future be made without having obtained the prior approval of the Federal Highway Administration.

Jason Roberts, St. Clair County Economic Development Council, presented a 10-year non-educational ad valorem tax abatement for Benjamin Moore & Company. The Pell City Industrial Development Board had already approved the agreement. The abatement required City Council and County Commission approval. Mr. Muenger stated that the plant located in Pell City is the company’s largest in employment and volume production of all their plants in the U.S. On motion of Councilman Mitcham, seconded by Councilman Jenkins, the council unanimously approved the following resolution approving the 10-year non-educational ad valorem tax abatement for Benjamin Moore & Company:

RESOLUTION NO. 2018 - 4911

A RESOLUTION CONSENTING TO THE ABATEMENT OF CERTAIN MUNICIPAL NON-EDUCATIONAL TAXES FOR BENJAMIN MOORE & COMPANY AS APPROVED BY THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF PELL CITY, ALABAMA

WHEREAS, pursuant to the Alabama Reinvestment and Abatements Act (§40-9G-1 et seq., Code of Alabama 1975) the Industrial Development Board of the City of Pell City, Alabama, is authorized to abate non-educational ad valorem taxes for qualifying activities that are determined to provide economic benefits to the community; and,

WHEREAS, pursuant to §40-9G-2(a)(2)(c), Code of Alabama 1975, municipal non-educational taxes may be abated only with the consent by resolution of the governing body of the municipality for certain qualifying projects involving the ad valorem tax abatement on capitalized repairs, rebuilds, maintenance, and replacement of equipment; and

WHEREAS, the Industrial Development Board of the City of Pell City, Alabama has approved the abatement of $3,867.63 of the City of Pell City’s portion of non-educational ad valorem tax for up to 10 years to incentivize the $3,867,634.00 expansion of Benjamin Moore & Co.’s paint manufacturing facility located at 109 Bamberg Drive, Pell City, AL 35125; and,

WHEREAS, the City Council has determined that it is wise, prudent, and in the best interests of the citizens of Pell City to consent to said abatement of the City’s portion of said non-educational ad valorem tax.

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

1. In accordance with §40-9G-2(a)(2)(c), Code of Alabama 1975, the City of Pell City hereby consents to the abatement of $3,867.63 of the City of Pell City’s portion of non-educational ad valorem tax for up to 10 years to incentivize the $3,867,634.00 expansion of Benjamin Moore & Co.’s paint manufacturing facility located at 109 Bamberg Drive, Pell City, AL 35125.

City Manager Muenger stated that the State Legislature was down to the last few days of session. There has been action on one piece of legislation that the council voted by resolution for, which was the childcare safety act. Once it’s signed into law by the Governor, it should bring about half of the previously exempt facilities in the State under DHR control and all facilities under DHR control in emergency situations. All childcare facilities will be mandated to have local fire and health inspections each year and background checks performed on all employees.

Mr. Muenger stated that the House is scheduled to vote on HB470 which pertains to the Simplified Sellers’ Use Tax. The current Bill sets out the distribution as 60% for municipalities and 40% for counties.

Mayor Comments: Mayor Pruitt was absent.

On motion of Councilman Jenkins, 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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