City Council

January 11, 2016 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Police Department Court Room, 951 Hobbs Street East in the said City on January 11, 2016, at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call the following were found to be present: Councilmember Chris Seibert, Harold Wales, Joseph Cannon and Wayne Harper. Councilmember Jimmy Gill was absent. Mayor William R. Marks was present and led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the December 28, 2015 City Council Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. The Chairperson stated that the Minutes of the December 28, 2015 City Council Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. A public hearing was held to hear comments on the sale of alcohol for Yummi Ninja located at 935 Highway 72 East, Suite R. No one spoke in favor of or against. The public hearing was closed. A public hearing was held to hear comments on an unsafe and public nuisance at 1313 Plato Jones Street. Bert Bradford, City Building Inspector, addressed the Council stating that there had been some confusion among the heirs to the property as to which family members owned the property at this address. He stated that the family has requested an additional two weeks to resolve this issue. Councilman Cannon made a motion that the resolution be tabled until the January 25th City Council Meeting. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint David Malone to the Personal Board for a five year term beginning January 11, 2016 and ending January 11, 2021. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to appoint Teresa Brown to the Houston Memorial Library Board of Directors for a four year term ending January 11, 2020. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Al Wassum (Alternate Member) to fulfill the term of Bill Vaughn as a Regular Member of the Zoning Board of Adjustment. His term will expire February 9, 2018. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appropriate an additional $350,000 for paving projects for the fiscal year 2016 paving cycle. This additional appropriation shall be made from the Contingency Reserve Fund (funded by the 20% of the additional 1 cent sales tax approved in October 2012.) This appropriation combined with the $750,000 paving budget from the Infrastructure Fund and Gas Tax Funds brings the total paving budget for the 2016 paving cycle to $1,100,000 of which $900,000 will be allocated for street paving and $200,000 of which will be allocated for sidewalks. Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant, for a “Special Events Retail License for On-Premises Consumption” alcohol license: The National Wild Turkey Federation, Inc. Special Event Date: 1-29-16 Special Event Location: 114 W. Pryor Street The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor’s Office to apply for an Assistance to Firefighters Grant to provide current NFPA standard SCBA/cylinders/face pieces for Athens Fire and Rescue to replace equipment two cycles behind the current standard. The project estimate is $252,500.00. The grant request is $227,250.00 and the 10 percent grant match required by the city is $25,250.00. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS.  ORDINANCE NUMBER 2015-1983 AN ORDINANCE RENEWING A NONEXLCUSIVE FRANCHISE TO KNOLOGY, INC. CONCERNING A CABLE TELEVISION SYSTEM WHEREAS, Knology, Inc. (“Knology”) has a non-exclusive franchise to operate a cable system in the City, initially granted to Private Cable, Inc. by Ordinance 94-1180; WHEREAS, the initial franchise has been subsequently transferred and assigned, such that Knology now holds that franchise; WHEREAS, the City Council desires to extend that certain non-exclusive franchise initially granted by Ordinance No. 94-1180; WHEREAS, the franchise was last extended by Ordinance No. 2015-1943, such that it would be extended through February 23, 2016; WHEREAS, representatives of Knology and the City have been discussing potential revisions to the existing franchise; WHEREAS, the City and Knology desire to extend the franchise while these changes are being discussed; WHEREAS, Knology is agreeable to such extension pursuant to the same terms as set forth in Ordinance No. 94-1180, as amended by Ordinance No. 2012-1847; WHEREAS, the public has been afforded adequate notice and opportunity for comment; WHEREAS, this Ordinance replaces Ordinance No. 2015-1982; and WHEREAS, the City Council intends that the franchise will be extended by one (1) year, and that during such time, Knology and the City will discuss any potential changes to the franchise. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on Monday, January 11, 2016, at 5:30 p.m., as follows: 1. The City hereby extends its grant of a nonexclusive franchise to occupy or use the Public ways to provide Cable Service to all Persons located in the Service Area to Knology under the same definitions, terms, and conditions as set forth in Ordinance No. 94-1180, and any amendments thereto, for a period of one (1) year, or until February 23, 2017, unless sooner terminated in accordance with the terms thereof. 2. This Ordinance is conditioned upon Knology filing with the City its unconditional acceptance of the Franchise and agreement to comply with and abide by all the provisions, terms, and conditions set forth herein and in Ordinance No. 94-1180, and any amendments thereto, in a form acceptable to the City. ADOPTED and APPROVED this the 11th day of January, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 11th day of January, 2016. Witness my hand and seal of office this the ____ day of _________________, 2016. ___________________________________ Annette Barnes, City Clerk Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Cannon and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried.  * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Wales and second by Councilman Cannon, duly and properly adjourned. /s/ Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK