STATE OF ALABAMA ST CLAIR COUNTY A WORK SESSION

STATE OF CALIFORNIA C THE RESOURCES AGENCY PRIMARY
EMPLOYEES’ COMPENSATION DIVISION LABOUR DEPARTMENT STATEMENT OF
LOGO [NAME OF ORGAN OF STATE] G4(FR) ACCEPTANCE

BILL LOCKYER STATE OF CALIFORNIA ATTORNEY GENERAL DEPARTMENT OF
CHARACTERISATION OF FUEL CELL STATE USING ELECTROCHEMICAL IMPEDANCE SPECTROSCOPY
STATEMENT ON RESTITUTION

STATE OF ALABAMA

ST. CLAIR COUNTY

A work session was not held prior to the City Council meeting on Monday, September 24, 2018.

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, September 24, 2018. Present were Council President James McGowan, Councilmen Jay Jenkins, Blaine Henderson, Jason Mitcham and Jud Alverson. Those present constituting the entirety 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 Police Chief Paul Irwin.

The City Clerk had roll call for attendance.

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

On motion of Councilman Mitcham, seconded by Councilman Henderson, the council unanimously approved the minutes of the regular council meeting held on September 10, 2018.

On motion of Councilman Jenkins, seconded by Councilman Henderson, the council unanimously approved the minutes of the special called council meeting held on September 17, 2018.

The following ordinance regarding the rezoning of property located on Dr. John Haynes Drive and owned by Wayne Smith (Vintage Resources, Inc.) was introduced by Council President McGowan at the council meeting held on September 10, 2018. The requested rezoning was from B-1 (Neighborhood Business District) to B-2 (General Business District). The request came from the Planning commission with a unanimous recommendation for approval.

ORDINANCE NO. 2018 - 4973

AN ORDINANCE AMENDING ORDINANCE NO. 79-516 TO REZONE FROM B-1 TO B-2 CERTAIN PROPERTY LOCATED WITHIN THE CITY LIMITS OF THE CITY OF PELL CITY, ALABAMA

WHEREAS, Vintage Resources Inc., the owner of the hereinafter described real estate situated in Pell City, St. Clair County, Alabama, did file with the Clerk of the City of Pell City, Alabama, a written petition duly signed by Vintage Resources Inc., requesting that said described property located within the corporate limits of the City of Pell City be rezoned from B-1 (Neighborhood Business District) to B-2 (General Business District) under the provisions of section 11-52-70, et seq, Code of Alabama, 1975, as amended; and

WHEREAS, said petition did have attached thereto an accurate description of said territory proposed to be rezoned, together with a map of said property, all as is required under the provisions of said section 11-52-70, et seq; and

WHEREAS, the City Council of the City of Pell City has heretofore given notice of and convened a public hearing on September 10, 2018 pertaining to said rezoning; and has examined the aforesaid petition and exhibits attached thereto and finds that the said described lands are located within the corporate limits of the City of Pell City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, as follows:

Section 1. The petition of Vintage Resources Inc., the owner of the following described lands situated in the City of Pell City, Alabama, requesting that the same be rezoned from B-1 to B-2 be and the same is hereby approved, to-wit:

A parcel in the Northwest Quarter of the Northwest Quarter of Section 31, Township 16 South, Range 4 East in St. Clair County, Alabama and being more particularly described as follows: Commence at an existing 2 ½” capped pipe at the intersection of the South line of said Quarter-Quarter Section and the West right-of-way of Comer Avenue (60’ right-of-way), thence North 89º 13’ 00” West along the South line of said Quarter-Quarter Section for 50.00 feet to an existing 5/8” rebar at the Point of Beginning. Thence North 89º 29’ 20” West along said South line for 258.32 feet to an existing ¾” pipe, thence North 89º 51’ 20” West along said South line for 54.37 feet to a 5/8” rebar set, thence North 84º 45’ 10” West for 304.83 feet to an existing ¾” pipe, thence North 86º 49’ 05” West for 371.71 feet to a 5/8” rebar set on the East right-of-way of Bunt Drive (30’ right-of-way) thence North 02º 33’ 10” West along said East right-of-way for 262.91 feet to an existing 5/8” rebar, (leaving right-of-way) run North 86º 54’ 35” East for 86.36 feet to an existing ½” rebar, thence North 88º 49’ 55” East for 139.67 feet to an existing 3/8” pipe, thence North 19º 59’ 10” East for 21.25 feet to an existing 1” pipe, thence South 56º 25’ 50” East for 267.16 feet to an existing ½” square rod, thence South 24º 02’ 30” West for 40.88 feet to a 5/8” rebar set, thence South 68º 31’ 30” East for 209.81 feet to an existing ¾” solid iron, thence North 24º 05’ 10” East for 209.97 feet to an existing ½” rebar on the South right-of-way of Dr. John Haynes Drive (80’ right-of-way), thence South 68º 28’ 10” East along said South right-of-way for 182.43 feet to an existing ¾” pipe, thence South 68º 35’ 10” East along said South right-of-way for 243.88 feet to a 5/8” rebar set at the P.C. of a right-of-way curve to the right (Radius = 17.81’, Delta = 109º 03’ 35”, Chord = South 14º 03’ 25” East, 29.01 feet), thence run in a Southeasterly direction along the arc of said curve for 33.91 feet to a 5/8” rebar set on the Northwesterly right-of-way of Comer Avenue, thence South 40º 28’ 20” West along said right-of-way for 64.92 feet to an existing 5/8” rebar, thence (leaving right-of-way) run North 89º 26’ 15” West for 50.00 feet to an existing 5/8” rebar, thence South 40º 42’ 55” West for 50.00 feet to the Point of Beginning. The above containing 5.02 acres.

Section 2. The Zoning District Map of the City of Pell City shall be amended by rezoning the aforesaid described parcel of land from B-1 to B-2.

Section 3. This Ordinance shall become effective upon approval, passage and publication as required by law.

Mr. Jimmy Crump addressed the council and stated he attended the last council meeting and was in opposition to the rezoning. He stated the Public Hearing was on the City’s website that the council was going to take it up for a vote but the person who wanted it rezoned wasn’t at the meeting that night. The City attorney called the petitioner and recommended that the council table the discussion. Mr. Crump said he didn’t understand but he was opposed to it. He further stated “if the City was going to start calling people, two months ago when he wasn’t able to be at the meeting when the City had the first discussion, no one called him”. He further expressed his concern that no one called to see if he was concerned, but that someone called Mr. Smith and said Mr. Smith couldn’t be here and stated he recommended that the council table this and it was tabled. He said he had been living in the neighborhood since 1967. He further expressed that general business would be compatible for a neighborhood, but it shouldn’t be anything other than general business. Mr. Crump stated every councilmember knows what businesses fall under B-2. He further stated Mr. Smith advised him that he wasn’t going to do this and wasn’t going to do that but expressed concerns about what would happen if Mr. Smith sold that property. Mr. Crump further stated he believed that some of the council thought if the zoning board passed something it was a rubber stamp, but advised it was not. Mr. Crump also advised Mr. McGowan was on the last council the last time the zoning came up and the zoning board passed it unanimously but the Council turned it down because they realized it was in a neighborhood. Council President McGowan stated no one on the Council was going to rubber stamp anything. He further advised that the Planning and Zoning Board had researched these things and talked about them before presenting to the Council. Councilman Alverson asked Mr. Crump if he was aware of what the contiguous properties were zoned. Councilman Alverson stated they were all B-2 and B-3. Mr. Crump further stated his opinion on the rezoning and said Mr. Smith bought this property knowing it was B-1. Mr. Crump advised he wanted the Council to keep an open mind and vote with heart and how the Council felt. City Attorney John Rea addressed the council and advised that he called Mr. Smith when he was not at the last council meeting just like he called Ms. Laura Gossett and Mr. Derrol Luker when they were not present. Mr. Rea advised he wanted it to be clear that he does try to make certain someone is here for a hearing so the Council’s time is not wasted. He further advised there was nothing intended on his behalf to do anything wrong. Mr. Rea stated it was standard practice for this City for a number of years and was just continuing with the normal course of business. Christopher and Tiffany Brannon, who reside at 814 36^th Street North, submitted a letter to council in opposition to the rezoning. City Attorney John Rea read the letter aloud. Wayne Smith addressed the council and advised when he originally purchased the property it was two parcels. He said one parcel on the corner of John Haynes Drive and Comer Avenue was zoned B-2. He stated that a portion of the lot backed up to one of the residents on 36^th street and has for many years. Mr. Smith stated he proposed to planning and zoning to change the property line. When the change to the property line was approved, the new parcel had two different zoning classifications, B-1 and B-2. Mr. Smith stated his understanding was you could not have two different zonings on one parcel. He advised that was why he was asking for approval to rezone the entire parcel to B-2 to be in line with the remaining parcels on John Haynes Drive. Councilman Jenkins asked Mr. Smith if he had any plans and Mr. Smith advised he did not at this time. Councilman Jenkins stated in looking at the map, it appeared all the properties on the line were zoned B-2 except two parcels. Councilman Jenkins asked if there was a gas line that ran between the parcels and the residence. Mr. Smith stated there were gas lines that ran really like a buffer between those lots and the neighborhood. Councilman Jenkins stated Mr. Smith wouldn’t be able to do anything past the gas line toward their property anyway and requested clarification. Mr. Smith stated that was correct. Councilman Jenkins asked if there was a possibility to cut the back piece off and continue to let it be zoned B-1 and zone the two pieces on front of John Haynes Drive B-2. Mr. Smith stated if Council looked at the survey, there was a gas easement that angled toward the northwest in the area closer to Mr. Crump’s property. Councilman Alverson asked if Mr. Smith had any idea on set back from the gas line that has to be observed. Mr. Crump advised it was between fifty and one hundred feet on both sides of the gas line. Mr. Alverson advised that would be a pretty substantial buffer, to which Mr. Crump replied not enough room to buffer anything. Mr. Crump further stated that whatever was going on the parcel was going to affect him. Mr. Smith advised that nothing would ever be south of the gas line.

Councilman Alverson 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 Councilman Mitcham. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson, Mitcham and Alverson. Nays: None. Council President McGowan declared the motion approved.

Councilman Alverson then moved that said ordinance be now placed upon its final passage and adopted. The motion was seconded by Councilman Mitcham. 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, Councilmen Jenkins, Henderson, Mitcham, and Alverson. Nays: None. Council President McGowan declared the motion approved and the ordinance adopted.

Now was the time set aside for a Public Hearing regarding the petition filed by Wayne Smith (First Avenue Holding Company, LLC) to vacate a portion of a current right-of-way at the corner of 21^st Street and 1^st Avenue South. The request came from the Planning Commission with a unanimous recommendation for approval. Council President McGowan opened the Public Hearing at 7:19 p.m. Wayne Smith addressed the council. Mr. Smith asked that the City vacate that portion of the current right-of-way. His plans were to eventually use the entire parcel as a parking lot. Mr. Smith stated he owned a building to the west of that lot and in the future he would like to pave it and use it for parking. There was no one present in opposition to the request. There being no further discussion, Councilman Jenkins made a motion to close the Public Hearing at 7:21 p.m. The motion was seconded by Councilman Alverson and unanimously approved by the council.

Council President McGowan introduced the following resolution approving the petition to vacate a portion of a current right-of-way at the corner of 21^st Street and 1^st Avenue South.

RESOLUTION NO. 2018 - 4976

A RESOLUTION AUTHORIZING THE VACATION OF A PORTION OF A CURRENT RIGHT-OF-WAY AT THE CORNER OF 21^ST STREET AND 1^ST AVENUE SOUTH IN THE CITY OF PELL CITY, ALABAMA

WHEREAS, a petition signed by Wayne Smith (First Avenue Holding Company, LLC), the owner of all of the lands abutting the following described right-of-way, situated in the City of Pell City, Alabama, requesting the vacation of said right-of-way, has been duly presented to the City Council of the City of Pell City, Alabama, for the assent and approval of said governing body, said petition with map attached being hereto affixed, marked Exhibit A and made a part hereof; and,

WHEREAS, in accordance with applicable Alabama law, notice of said request for vacation was published and a hearing was held on the 24^th day of September, 2018; and,

WHEREAS, the right-of-way above referred to is more particularly described as follows:

A part of Railroad Avenue located Southeast of Block 43 according to the S. H. Lea Map of the Town of Pell City as recorded in the Office of the Judge of Probate of St. Clair County, Alabama and being more particularly described as follows: Commence at the Northwest corner of Lot 14, Block 43 according to the S. H. Lea Map of the Town of Pell City and run South 22º 35’ 45” East along the West line of Lot 14 for 100.00 feet to a point on the North right-of-way 1^st Avenue South (100’ right-of-way), thence North 67º 33’ 05” East along said North right-of-way for 40.00 feet to the Point of Beginning. Thence North 37º 07’ 15” East for 98.43 feet to a point on the West right-of-way of 21^st Street South (60º right-of-way), thence South 22º 35’ 45” East along said West right-of-way for 49.86 feet to a point on the North right-of-way of 1^st Avenue South, said point being located as if Block 43 was a square 215’ by 300’ Block, thence South 67º 33’ 05” West along said North right-of-way for 85.00 feet to the Point of Beginning. The above containing .05 acre, 2,119 square feet.

WHEREAS, it appears to the City Council of the City of Pell City, Alabama, that the vacation of said right-of-way is in order and that convenient and reasonable means of ingress and egress is afforded to all other non-abutting property owners owning properties in the vicinity of said right-of-way.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pell City, Alabama, that the vacation of the hereinabove described right-of-way is assented to and approved and same is hereby vacated pursuant to the applicable provisions of Alabama law.

BE IT FURTHER RESOLVED that the City of Pell City, Alabama, remise, release, and quitclaim to Wayne Smith (First Avenue Holding Company, LLC) whatever right, title and interest the said City of Pell City, Alabama, may have acquired in and to the hereinabove described part or portion of the hereinabove named right-of-way by virtue of the dedication or other vacation of said part or portion of said right-of-way, or otherwise, and that the Mayor of the City of Pell City, Alabama, is authorized to execute a Quitclaim Deed to the forenamed parties or persons carrying out the intention of this paragraph and that the City Clerk be and she is hereby authorized and directed on behalf of the City of Pell City, Alabama, to attest the same.

Councilman Alverson 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 Mitcham. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmen Jenkins, Henderson, Mitcham 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 Mitcham. 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, Mitcham, and Alverson. Nays: None. Council President McGowan declared the motion approved and the resolution adopted.

Now was the time set aside for a Public Hearing to determine if the following properties constituted a public nuisance and ordering the nuisances abated:

3311 Tyler Street Parcel ID# 22-09-31-3-001-002.023
Land on 9^th Avenue North Parcel ID# 23-07-36-1-004-025.000

3110 7^th Avenue North Parcel ID# 23-07-36-4-001-031.001
745 Mineral Springs Road Parcel ID#23-08-34-0-001-017.000
Land on 2^nd Street North Parcel ID#23-08-34-4-001-053.000
201 19^th Street South Parcel ID# 28-01-01-2-006-018.000
1034 1^st Avenue South Parcel ID# 28-01-02-1-002-040.001
3305 Stemley Bridge Road Parcel ID# 29-04-19-1-000-008.000

Council President McGowan opened the Public Hearing at 7:22 p.m. City Attorney John Rea addressed the council and explained the properties listed in the council agenda had been determined a public nuisance under our Ordinance and Alabama law. The owners of those properties were notified and allowed to come forward tonight to object and explain why they believed their property should not be declared a nuisance and ordered abated. There was no one present in opposition to any of the properties as listed on the council agenda. There being no further discussion, Councilman Jenkins made a motion to close the Public Hearing at 7:24 p.m. The motion was seconded by Councilman Alverson and unanimously approved by the council.

On Motion of Councilman Alverson, seconded by Councilman Henderson, the council unanimously approved the following resolutions declaring the properties a public nuisance and ordering the nuisances abated:

RESOLUTION NO. 2018 - 4977

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 3311 TYLER STREET, PELL CITY, AL 35125, TAX PARCEL # 22-09-31-3-001-002.023, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located at 3311 Tyler Street, Pell City, Alabama 35125, Tax Parcel # 22-09-31-3-001-002.023 and more particularly described as follows according to the St. Clair County Tax Assessment Report:

Lot 2 Block 3, 1^st Sector Bellevue Estates 31-16-4 (hereinafter “the Property); and,

WHEREAS, the Official has determined that the Property is deemed 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 Property to the owner of the nuisance Property, and the person or persons, firm, association, or corporation last assessing said property for state taxes, (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 Property seven (7) days prior to the date of the Public Hearing, the notice was posted at a location on the Property; and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property 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 September 24, 2018 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 Property is 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 Property 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:

That the Property located at 3311 Tyler Street, Pell City, Alabama 35125, Tax Parcel # 22-09-31-3-001-002.023, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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.
That the Property located at 3311 Tyler Street, Pell City, Alabama 35125, Tax Parcel # 22-09-31-3-001-002.023, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 - 4978

A RESOLUTION DECLARING THE PROPERTY LOCATED ON 9^TH AVENUE NORTH, PELL CITY, ALABAMA 35125, TAX PARCEL #23-07-36-1-004-025.000, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located on 9^th Avenue North, Pell City, Alabama 35125, Tax Parcel ID# 23-07-36-1-004-025.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

Lots 1-4 Block 1 Martins Park Place 2^nd Addition 36-16-3 (hereinafter “the Property”); and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

1. That the Property located on 9^th Avenue North, Pell City, Alabama 35125, Tax Parcel ID# 23-07-36-1-004-025.000, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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 Property located on 9^th Avenue North, Pell City, Alabama 35125, Tax Parcel ID# 23-07-36-1-004-025.000, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 – 4979

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 3110 7^TH AVENUE NORTH, PELL CITY, ALABAMA 35125, TAX PARCEL #23-07-36-4-001-031.001, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located at 3110 7^th Avenue North, Pell City, Alabama 35125, Tax Parcel ID# 23-07-36-4-001-031.001, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

Lots 6 and 7 and S 15’ of lot 5 and N 30’ of Lot 8 BLK E Martins Park Place Addition to Pell City 36-16-3 (hereinafter “the Property”); and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

1. That the Property located at 3110 7^th Avenue North, Pell City, Alabama 35125, Tax Parcel ID# 23-07-36-4-001-031.001, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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 Property located at 3110 7^th Avenue North, Pell City, Alabama 35125, Tax Parcel ID# 23-07-36-4-001-031.001, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 - 4980

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 745 MINERAL SPRINGS ROAD, PELL CITY, ALABAMA 35125, TAX PARCEL #23-08-34-0-001-017.000, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located at 745 Mineral Springs Road, Pell City, Alabama 35125, Tax Parcel ID# 23-08-34-0-001-017.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

BEG @ PT ON NW R/W HWY 174 430.9’ NW OF SE COR SW/4 NW/4 THNWLY 497.7’ SELY ALG R/W 557.1’ SW ALG R/W 268.3’ TO POB 34-16-3 1.8 (hereinafter “the Property”); and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

That the Property located at 745 Mineral Springs Road, Pell City, Alabama 35125, Tax Parcel ID# 23-08-34-0-001-017.000, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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 Property located at 745 Mineral Springs Road, Pell City, Alabama 35125, Tax Parcel ID# 23-08-34-0-001-017.000, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 - 4981

A RESOLUTION DECLARING THE PROPERTY LOCATED ON 2^nd STREET NORTH, PELL CITY, ALABAMA 35125, TAX PARCEL #23-08-34-4-001-053.000, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located on 2^nd Street North, Pell City, Alabama 35125, Tax Parcel ID# 23-08-34-4-001-053.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

BEG SE COR LOT 2 BLK 13 EDEN TH WLY 180’ N 40’ NE 130’ SE 155’ S 95’ TO POB 34-16-3 (hereinafter “the Property”); and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

That the Property located on 2^nd Street North, Pell City, Alabama 35125, Tax Parcel ID# 23-08-34-4-001-053.000, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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.
That the Property located on 2^nd Street North, Pell City, Alabama 35125, Tax Parcel ID# 23-08-34-4-001-053.000, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 - 4982

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 201 19^TH STREET SOUTH, PELL CITY, ALABAMA 35125, TAX PARCEL #28-01-01-2-006-018.000, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located at 201 19^th Street South, Pell City, Alabama 35125, Tax Parcel ID# 28-01-01-2-006-018.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

BEG INT S R/W SO RR @ R/W 19^TH ST TH SE 190’ SW 56’ W 100’ N120’ SE 130’ TO POB 1-17-3 (hereinafter “the Property”); 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 Property to the owner of the nuisance Property, and the person or persons, firm, association, or corporation last assessing the said property for state taxes, (collectively the “Noticed Parties”), which notices are attached collectively hereto as Exhibit B and expressly incorporated herein by reference; and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

That the Property located at 201 19^th Street South, Pell City, Alabama 35125, Tax Parcel ID# 28-01-01-2-006-018.000, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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.
That the Property located at 201 19^th Street South, Pell City, Alabama 35125, Tax Parcel ID# 28-01-01-2-006-018.000, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 – 4983

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 1034 1^ST AVENUE SOUTH, PELL CITY, ALABAMA 35125, TAX PARCEL #28-01-02-1-002-040.001, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located at 1034 1^st Avenue South, Pell City, Alabama 35125, Tax Parcel ID# 28-01-02-1-002-040.001, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

LOT 1 GLK 14 GRIFFITH’S ADD LESS S 60’ 2-17-3 (hereinafter “the Property”); and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

That the Property located at 1034 1^st Avenue South, Pell City, Alabama 35125, Tax Parcel ID# 28-01-02-1-002-040.001, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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 Property located at 1034 1^st Avenue South, Pell City, Alabama 35125, Tax Parcel ID# 28-01-02-1-002-040.001, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

RESOLUTION NO. 2018 - 4984

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 3305 STEMLEY BRIDGE ROAD, PELL CITY, ALABAMA 35125, TAX PARCEL #29-04-19-1-000-008.000, TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT OF PROPERTY

WHEREAS, in accordance with the provisions of Ordinance No. 2018-4920 (“the Ordinance”) and applicable Alabama law, the Appropriate Municipal Official (“Official”) of the City of Pell City has inspected the property located at 3305 Stemley Bridge Road, Pell City, Alabama 35125, Tax Parcel ID# 29-04-19-1-000-008.000, and more particularly described as follows according to the St. Clair County Tax Assessment Report:

COM INT WR/W ST HWY 34 WITH S LN NW/4 NW325’ ALG RD R/W TO BEG TH W 210’ NW 105’ E210’ SE 105’ ALG SD R/W TO BEG 19-17-4 .50 AC (hereinafter “the Property”); and,

WHEREAS, the Noticed Parties were provided the opportunity to remedy the nuisance

condition of the Property within the time specified by the Ordinance; and,

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

That the Property located at 3305 Stemley Bridge Road, Pell City, Alabama 35125, Tax Parcel ID# 29-04-19-1-000-008.000, and more particularly described above, is a public nuisance in violation of Ordinance No. 2018-4920 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 Property located at 3305 Stemley Bridge Road, Pell City, Alabama 35125, Tax Parcel ID# 29-04-19-1-000-008.000, and more particularly described above, which has been inspected and found to be a public nuisance in violation of Ordinance No. 2018-4920 of the City of Pell City and applicable Alabama law shall be abated, and the abatement may be accomplished by the City by the use of its own forces, or it may provide by contract for the abatement, as provided by said Ordinance and applicable Alabama law.

Council President McGowan introduced RESOLUTION NO. 2018-4985 declaring the repair/replacement of an inoperable aerator at the Waste Water Treatment Plant an emergency. Byron Woods addressed the council. Mr. Woods stated there was one aerator that failed about a month ago and the manufacturer had made a recommendation to replace the whole thing for a cost of approximately $100,000.00. Mr. Woods stated he believed the City did not need to spend $40,000.00 of the $100,000.00. He further stated these aerators were original to the plant in 1983 but have been repaired over the years. The Evoqua quote for the Evoqua portion of the repair was $59,500.00. Mr. Woods stated that he recommended not doing the whole $100,000.00 at this time. They need to physically see the drive on the aerator. Mr. Woods also stated that it should be declared an emergency to move along with this project. City Clerk Penny Isbell stated that it was in the resolution to not exceed $100,000.00. Mr. Woods said that should cover the costs. He further stated that if they got the drive out and it was not in good shape, the City may have to spend the entire $100,000.00. Council President McGowan asked what the dollar amount was if the aerator was not repaired. Mr. Woods responded that in 2015, rental aerators were brought in and cost approximately $9,000.00 per month. He stated with the three working right now the City was fine, but if another aerator was lost, rental aerators would need to be brought in immediately. Mr. Woods stated all four aerators were needed to have adequate and proper redundancy. Councilman Jenkins stated that if he remembered correctly, these were not built overnight and they were trying to get this taken care of as an emergency. Mr. Woods said it was a 14-16 week lead time for these aerators. City Attorney John Rea addressed the council and stated that under the law, the City was authorized in an emergency affecting public health, safety, etc., to determine that the City could move forward with an expenditure over $15,000 for contractual services or over $50,000 if was a public works project. Mr. Rea suggested that the resolution should be amended citing 1975 Code of Alabama Section 39-2-2E regarding emergency provisions dealing with public works projects.

On motion of Councilman Alverson, seconded by Councilman Jenkins, the council unanimously approved the following resolution, with the noted amendment, declaring the repair/replacement of an inoperable aerator at the WWTP an emergency:

RESOLUTION NO. 2018 - 4985

A RESOLUTION AUTHORIZING THE EMERGENCY REPAIR OR REPLACEMENT OF A FLOATING AERATOR SERVING THE CITY OF PELL CITY’S WASTEWATER TREATMENT PLANT

WHEREAS, the City Manager of the City of Pell City was advised on September 18, 2018, by Byron Woods, Engineer with Municipal Consultants, that one of the four aerators serving the City’s Wastewater Treatment Plant was inoperable; and

WHEREAS, the failure of the aerator at the City’s Wastewater Treatment Plant threatens the City’s ability to satisfy its fundamental responsibilities to provide for the public health, safety, and welfare of its citizens; and

WHEREAS, it would be imprudent and dangerous to the citizens of the City of Pell City to delay the repair or replacement of the inoperable aerator at the City’s Wastewater Treatment Plant in order to comply with the competitive bid requirements and public advertisement requirements of the Alabama Competitive Bid Law; and

WHEREAS, pursuant to § 41-16-53 and § 39-2-2e, Code of Alabama 1975, the City Council desires to declare the repair or replacement of the inoperable aerator at the City’s Wastewater Treatment Plant, and all work related thereto, an emergency affecting public health, safety, welfare, or convenience, as defined by such statutes, and to authorize the City Manager to immediately proceed in repairing or replacing the inoperable aerator at the City’s Wastewater Treatment Plant without a prior public advertisement for bids.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, AS FOLLOWS:

That the repair or replacement of the inoperable aerator at the City’s Wastewater Treatment Plant, and all work related thereto, is an emergency affecting public health, safety, welfare, and convenience, as defined by § 41-16-53 and § 39-2-2e, Code of Alabama 1975, for the reasons stated above, which are expressly incorporated herein.

That the City Manager be, and he hereby is, authorized to expend an amount not to exceed $100,000.00 to repair or replace the inoperable aerator at the City’s Wastewater Treatment Plant and to fund all work related thereto.
That, in accordance with § 41-16-53 and § 39-2-2e, Code of Alabama 1975, the City Clerk shall immediately make public the emergency expenditure described herein and the reasons therefor by posting this Resolution in a conspicuous place in City Hall and on the City’s website.

On motion of Councilman Jenkins, seconded by Councilman Alverson, the council unanimously approved the following resolution setting a Public Hearing to consider grass/weed nuisances:

RESOLUTION NO. 2018 - 4986

A RESOLUTION DECLARING THE FOLLOWING PROPERTIES AS A PUBLIC NUISANCE AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING

WHEREAS, the City Council of the City of Pell City adopted Ordinance No. 2018 – 4920 requiring the cutting of weeds, grass and other vegetation and requiring correction of conditions favorable to the harboring of mosquitoes or other insects of like kind or rodents; and

WHEREAS, several properties have been found to be in violation of said ordinance; and

WHEREAS, the City Council has declared a public nuisance of weeds/grass/undergrowth on the below listed properties in accordance with Ordinance No. 2018 - 4920; and

1117 1^st Avenue North 28-01-02-1-001-016.000
17^th Street North & Whitesville Road 23-07-35-4-000-041.000
608 17^th Street North 23-07-35-4-000-041.001
3221 6^th Avenue North 22-09-31-3-001-024.000
4103 Stemley Bridge Road 29-04-19-4-000-008.013
2713 Martin Street South 28-06-13-4-001-005.000
1203 Martin Street North 23-07-36-2-001-015.000

WHEREAS, per said ordinance, the City Council has set a Public Hearing on November 12, 2018 at 7:00 p.m. to hear any objections as to why said properties should not be declared a public nuisance and conditions ordered abated.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City that the aforementioned properties have been declared a public nuisance of weeds/grass/undergrowth and a Public Hearing has been set for November 12, 2018 at 7:00 p.m. in the Council Chambers of City Hall to hear any objections as to why the property conditions should not be abated and ordered cleaned.

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

______________________________

James McGowan - Council President

ATTEST:

______________________________

Penny Isbell - City Clerk

City of Pell City Page 13 of 13

City Council Minutes

September 24, 2018

VICTIM IMPACT STATEMENT
FOR DEATH PRIOR TO 01061959 ADMINISTRATION (INTESTATE)
CONFIGURING USER STATE MANAGEMENT FEATURES 73 CHAPTER 7 IMPLEMENTING

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