City Council

November 28, 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 Municipal Building, 200 Hobbs Street West in the said City on November 28, 2016, at 5:30 p.m. The meeting was called to order by Councilman Joseph Cannon, President of the Council. Upon roll call the following were found to be present: Councilmember Chris Seibert, Harold Wales, Frank Travis, Joseph Cannon and Wayne Harper. Chase Irland, 1686 Squire Run, Athens, who is currently working toward his Eagle Scout designation, led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Wayne Harper 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 November 14, 2016 City Council Meeting had been submitted for approval. Councilman Harper moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. The Chairperson stated that the Minutes of the November 14, 2016 City Council Work Session Meeting had been submitted for approval. Councilman Harper moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. Mayor Marks presented a certificate of appreciation to Rod Huffman from the City of Athens for his sixteen years of service on the City of Athens Planning Commission and his twelve years of service on the Athens Limestone County Library Board. Mayor Marks announced that Food Fite, formerly of Decatur, has announced its decision to relocate to the City of Athens. The restaurant will be located on the campus of Athens State University. He commended Amy Golden, City of Athens One Stop Shop Manager, on her efforts to recruit and assist Food Fite in selecting the City of Athens. A public hearing was held to hear comments on an unsafe structure located at 722 Westmoreland Avenue. Bert Bradford, City Building Inspector, spoke in favor of declaring the property a public nuisance, citing that the building remains unsecure and unsafe. The public hearing was closed. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2016-1496 A RESOLUTION DETERMINING THAT A STRUCTURE AT 722 WESTMORELAND AVENUE IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by Ordinance No. 2012-1862 and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, the appropriate municipal official has presented information to the City Council about a structure and/or building (herein referred to as the “Structure”) located at the real property described as follows: Address: 722 Westmoreland Avenue, Athens, Alabama 1  PARCEL # 10-03-08-2-002-041.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: (herein referred to as the “Property). WHEREAS, the appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, at this regular meeting, the City Council has conducted a public hearing concerning this matter, and has received information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) The interior walls or other vertical structure members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; (2) Exclusive of the foundation, the building shows thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non- supporting enclosing or outside walls or covering; (3) The building has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used; (4) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, 2 or general welfare of the public or the occupants; (5) The building has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (6) The building has light, air, heating, cooling, and sanitation facilities which are inadequate to protect the life, health, property, morals, safety, or general welfare of the public or the occupants; (7) The building has inadequate facilities for egress in case of fire or panic, or has insufficient stairways, elevators, fire escapes, or other means of ingress and egress to and from said building; (8) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (9) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (10) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (11) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (12) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; and (13) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to Ordinance No. 2012-1862 to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that the same is due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 14, 2016 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 3  2. The appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. 3. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department may enter into such contract upon council approval. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. ADOPTED this the 14th day of November, 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 a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 14th day of November, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Pat Montgomery, 16564 McCulley Mill Road, Athens, addressed the Council regarding the request he presented at the November 14, 2016 Council meeting for a variance to the Cemetery Ordinance amendment. He stated that Council President Cannon had notified him that his request had been denied and he wanted to understand the Council’s reason for denying the request. Mr. Wales and Mr. Cannon both expressed their sympathy for Mr. Montgomery’s loss but affirmed that the Council’s intent is to enforce the Cemetery Ordinance amendment as written. Council President Cannon then urged Mr. Montgomery to meet with Cemetery Director Ben Wiley to work out a plan that would be amenable to both parties while remaining compliant with the Ordinance. Councilman Seibert introduced the following resolution: 4  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of mesh safety netting for the North and South Pod Fields at the Sportsplex from Athens Fence Co., Inc., in the amount not to exceed $13,600.00, to be funded from the existing CPR Capital Account. The motion was seconded by Councilman Travis 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 approve the payment of the civil design for the Jimmy Gill Parking Expansion, from Morell Engineering, in the amount not to exceed $3,800.00, to be funded from the existing CPR Capital Account. The motion was seconded by Councilman Travis 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 approve the payment of budgeted travel/education expenses for specified Water Services employees in the total amount of $140.12. Brian Daniel Water & Wastewater Technology Workshop $140.12 (Water) Auburn, Alabama November 14-15, 2016 The motion was seconded by Councilman Travis 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 approve the travel/education expenses for the Utilities in the total amount of $110.74. Mason Matthews Trimble Dimensions $110.74 Las Vegas, NV November 6-9, 2016 The motion was seconded by Councilman Travis and was unanimously carried. The following resolution was introduced by Councilman Harold Wales at the October 24, 2016 meeting: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reorganize the City Clerk/Treasurer Department in accordance with the attached organizational chart, which includes the following, which includes the following 20 positions:  City Clerk/Treasurer  Director of Finance  Customer Service Manager (One-Stop Shop)  Accounting Supervisor  Purchasing Supervisor 5   Warehouse Supervisor  Warehouse Clerk  Plant Accountant  Cash Management/Finance Clerk (2)  Cost Accountant/Payroll Clerk  Operations Supervisor  Accountant  Accounting/Payroll Clerk  Municipal Court Clerk Administrator  Municipal Court Clerk/Magistrates (2)  Van Driver/Senior Center (2)  Part-time Van Driver The motion was seconded by Councilman Travis with three yeas by Councilman Seibert, Wales and Travis and two nays by Councilman Harper and Cannon. The following resolution was introduced by Councilman Harold Wales at the October 24, 2016 meeting: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to adopt the revised job description (on file in the Human Resources Department) for City Clerk/Treasurer, for which the City Council is the appointing authority in accordance with the Code of Alabama.  City Clerk/Treasurer, Job Description dated 11/8/2016. The motion was seconded by Councilman Travis with three yeas by Councilman Seibert, Wales and Travis and two nays by Councilman Harper and Cannon. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Gary Scroggins to the Limestone County Economic Development Association for an Executive Committee position for a non-elected person. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2016-1497 WHEREAS, T-Mobile has requested to modify their equipment on an existing telecommunications facility located at 14180 AL Hwy 251, Athens, AL to provide wireless services essentially within the corporate limits of the City of Athens; WHEREAS, T-Mobile has complied with the City’s Ordinance No. 1999-1320 and has demonstrated the need for the modification of this wireless facility to deliver consistently reliable services in the identified area, and; WHEREAS, both the City and T-Mobile customers in Athens will benefit from improved service; and; WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a conditional Special Use Permit for the modification at this facility located at 14180 AL Hwy 251, Athens, AL, which consists of a 250' ft. Guy tower; 6  THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that T-Mobile is hereby granted a Special Use Permit to modify their equipment at 14180 AL Hwy 251, Athens, AL. T-Mobile proposes to add three (3) antennas w/ mount pipe (T1612KT) and three (3) TMA's at the 248’ elevation. The height of the tower will remain the same as will the footprint of the tower. As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion: 1. Prior to the issuance of the Certificate of Occupancy T-Mobile is required to remediate the following issues: missing two tower grounds, missing all compound fence grounds, old guy anchor compound fence sections need to be removed unless they are used to secure the anchors, guy anchors are not secured. 2. Prior to the issuance of the Certificate of Occupancy T-Mobile is required to submit a guy tensioning report that was conducted after the anchors were replaced. 3. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously a possible, the facility must be built, activated and be providing service no later than one hundred eighty (180) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. T-Mobile may petition the City of an extension of this for good cause shown, but the decision whether or not to grant the extension shall exclusively be the prerogative of the City. 4. T-Mobile must provide contractor information with a construction schedule to the City and to CMS prior to the issuance of the Building Permit. The contractor must notify the City’s consultant for all inspections. 5. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on- site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 6. T-Mobile shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit. 7. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. 8. A Certificate of Occupancy for the work permitted under this permit shall be a prerequisite for any future work by T-Mobile at this facility. ADOPTED this 28th day of November, 2016 The motion was seconded by Councilman Wales and unanimously carried. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Seibert and second by Councilman Wales, duly and properly adjourned. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK 7