City Council

December 12, 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 December 12, 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. Mayor Marks 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 November 28, 2016 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. The Chairperson stated that the Minutes of the November 28, 2016 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. A public hearing was held to hear comments on the sale of alcohol for the National Wild Turkey Federation, Inc. No one spoke in favor of or against. The public hearing was closed. A public hearing was held to hear comments on the rezoning request of property located at 1510, 1520 and 1600 Elm Street West. James Rich, Public Works Director, stated that this rezoning request has been considered by and is being recommended for approval by the City of Athens Planning Commission. The public hearing was closed. Councilman Harper introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2016-2008 AN ORDINANCE TO REZONE PROPERTY FOR THE CITY OF ATHENS AND LIMESTONE COUNTY SCHOOL BOARD FROM THE AG AGRICULTURAL DISTRICT TO THE INST INSTITUTIONAL DISTRICT. PROPERTY CONSISTS OF APPROXIMATELY 51.2 ACRES LOCATED AT 1510, 1520 AND 1600 ELM STREET WEST WHEREAS, the City Council of the City of Athens, Alabama, has heretofore adopted, “The Zoning Ordinance of the City of Athens, Alabama,” and, WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that the hereinafter described area should be rezoned from the AG Agricultural District to the INST Institutional District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “INST”. 1  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “INST Institutional District” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract or parcel of land located in the South Half of the Southeast Quarter of Section 31, Township 2 South, Range 4 West, Limestone County, Alabama, and being more particularly described as follows, Tracts 9 through 15 of the Garth Estates subdivision on record in the Probate Office of Limestone County, Alabama, in Plat Book “D”, page 60, including 51.2 acres, more or less. ADOPTED and APPROVED: This the 12th day of December, 2016. /s/ Joseph Cannon 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 Councilmember Wales 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, Travis, 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 Harper thereupon moved that the ordinance 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, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Michael Lambert, 911 Brahma Street, Athens, addressed the Council on behalf of Mr. Pat Montgomery concerning the recent discussions surrounding enforcement of the existing cemetery ordinance. Mr. Lambert, speaking as Mr. Montgomery’s attorney, requested the Council suspend enforcement of the cemetery ordinance until April 1, 2017 to allow for time to conduct public hearings to seek input from citizens on the issue. A number of others in attendance stood in support of Mr. Lambert’s appeal, many of whom held photographs of loved ones interred in the City’s cemeteries. The following individuals addressed the Council to voice their support of the Council reconsidering the existing restrictions on the types of improvements allowed: Suzanne Harris, Elkmont, AL Gary Gross, 16633 Zehner Road, Athens, AL Tina Rodamer, 17112 Stone Villa Drive, Athens, AL Jim Pike, 19110 Easter Lane, Athens, AL Connie Martin, 19126 Easter Lane, Athens, AL Brian Davis, 19151 Easter Lane, Athens, AL Joseph Curtan, 269 Old Overton Drive, Madison, AL, addressed the Council concerning power outages in his area. He inquired if the City has any plans to upgrade or construct a new substation in his area. Mr. Curtan was asked to 2 leave his contact information with the City Clerk so that a representative from the utility department could follow-up with him. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the December 26, 2016 regular scheduled City Council Meeting to Monday, December 19, 2016 due to City Offices being closed for Christmas Holidays. The motion was seconded by Councilman Harper 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 approve the payment to Hawkins Groundwork, Inc., for the sealant and coating of the Jimmy Gill Park parking lot in the amount not to exceed $48,000.00, to be funded from the existing CPR Capital Account. The motion was seconded by Councilman Harper 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 declare the following Cemetery, Parks & Recreation Department equipment as surplus items: 33ft. (+/-) Blue and White pool safety rope with floats 48ft. (+/-) Blue and White Pool safety rope Swimming pool 4in. lane rope parts 7-480v Ballast kits (3 are missing capacitors) Miscellaneous 2-way radios and parts 1-220v 4 Stack floor heater Gas powered 3.5hp Briggs and Stratton Mud pump with 4 inch hose 16-Metal phone enclosures 9-Battery powered automatic Sloan faucets parts 2-Boxes of miscellaneous Delta automatic faucet parts 15-175w 120v Metal halide Black decorative pole light fixtures 3-Volleyball poles 9’ long 4”width 7-Speaker horns/4-22” rectangle, 2-22”round, 1-18”round Batting cage material (poles, nets, 3-L-screens) 2-Aluminum benches 5’ long 3- Barrels of miscellaneous chain link fence parts 200’ (+/- ) 8’ chain link 9 gauge fence 70’ (+/-) 6’ 9gauge chain link fence 25’ (+/-) 6’ 11gauge chain link 17 pieces used tin variable sizes lengths and colors also including (corners, ridge cap and -J trim) 5 used tire & rims (2-LT245 -75-R16, 2-P235-70 –R16, 1- LT195 -75-R14) 2-sets of 5 seat bleachers (alum) parts only Used bleacher parts 13- 3”galvanized fence post +/-9’ 1-2 ¼” galvanized fence post +/- 20’ 4-4”galvanized fence post +/-20’ 4-Brown telephones 3 14-20’ galvanized Light poles with mounting bracket 8-bicycles non - working random parts 2-wheel barrows 4-pitching/hitting nets Batting cage (steel frame and net) 1-cemetery dump trailer (manual) 8’x5’ Graveside set up 3- Wooden picnic tables 5-Concrete trash cans 2-Coated steel cage trash cans 2-Piles scrap metal 3-adult softball bats 15-batting helmet facemasks 4-helmets (without facemasks) 2-Refrigerator & freezer thermometer Pizza oven Hot dog cooker Old PA system with tape player 3-full pitching machines 2-partial pitching machines 1-6 x 10 Drawer card catalog The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1498 BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, AS FOLLOWS: I. That the City authorized the Top of Alabama Regional Council of Local Governments (TARCOG) to apply for Alabama Department of Transportation “Transportation Alternative Program Funding” (TAP) from the Federal Highway Administration in the amount of ($393,024.00); and II. This funding, if awarded, will be used for the Pryor Street and US-31 sidewalks project; and III. If (TAP) funding is awarded, the city agrees to pay required expenses, including but not limited to, ($98,256.00) 20% matching funds; and IV. That the (TAP) application be executed in the name of the City of Athens, by its Mayor, for and on its behalf; and V. That the agreement be attested by the City Clerk and the seal of the City of Athens affixed thereto; now therefore BE IT RESOLVED , that upon the completion of the execution of the agreement by all parties, that a copy of the agreement be kept on file by the City Clerk. ______________________________________ William R. Marks, Mayor ATTEST: I, the undersigned City Clerk of the City of Athens, Alabama do hereby certify that the above and forgoing is a true copy of the resolution passed and adopted by the City Council of the City of Athens, Alabama at the regular meeting of said Council held on the 12th day of December, 2016, and that such resolution is on file in the City Hall. 4 In Witness whereof, I have hereunto set my hand and affixed the official seal of the city on this the 12th day of December, 2016. _______________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2016-1499 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN ACCESS AGREEMENT CONCERNING THE FORMER PILGRIM’S PRIDE PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA at its regular meeting on December 12, 2016 at 5:30 PM, that the Mayor is authorized, for and on behalf of the City, to enter into an access agreement with Pilgrim’s Pride, in substantially the same form as shown in Exhibit A hereto. ADOPTED this the 12th day of December, 2016. /s/ Joseph Cannon 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 ____ day of ______________, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ City Clerk The motion was seconded by Councilman Wales and was unanimously carried. 5 EXHIBIT A 6 7 Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue an emergency work order to Shelton Railroad for repair of the Cities' sidetrack to Westrock located within the Elm Industrial Park. CSX has denied service until the required repairs are in place. The project cost are up to $22,000. The project shall be funded from the Capital Infrastructure Fund. Councilmember Travis 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, Travis, 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 Harper thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 made for introduction only the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue a work order to Reed Contracting, under the Cities' Bituminous Asphalt bid to pave the following streets with their appropriate budgets. The total anticipated budget cost is $871,000 and shall be funded from the Capital Infrastructure fund. 2017 Budget Year Paving Program Cowford $180,000 Cambridge Estates (Dee Drive, Shwan Place and Christian Drive - $90,000 Athens-Limestone Dr & Frontage Road – $150,000 Crutcher Circle, Crutcher Street and Hayden Street - $120,000 Coffman Drive - $35,000 Coffman Circle --$20,000 Clearview Street and Lily Circle -- $ 60,000 (sewer repair) Sunset Street -- $11,00 Shady Lane- $25,000 Grove Lane- $30,000 West Brookwood - $15,000 Freeman Avenue -- $35,000 Bolyn Street -$100,000 Total --- $871,000 Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the low bid of $2,578,600.00 from Building Construction Associates, Inc. There will be an additional five percent engineering and close out cost for a total project cost of $2,700,000.00 for new pod of ball fields. The motion was seconded by Councilman Seibert and was unanimously carried. 8 Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appropriate $1,300,000 from the Contingency Reserve Fund (funded by the 20% of the additional 1 cent sales tax approved in October 2012) to the Capital Projects Fund to be used for construction costs associated with the new pod of fields at the Athens Sportsplex. Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Seibert thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. At approximately 6:20 p.m., Councilman Harper introduced a motion to enter into executive session. Councilman Harper’s motion was then seconded by Councilman Seibert. Prior to the vote, City Attorney Shane Black provided an oral declaration that the business to be discussed in the executive session satisfied the following exceptions as prescribed in the Open Meetings Act: (1) to discuss the consideration the governmental body is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property; (2) to discuss the legal ramifications of and legal options for controversies imminently likely to be litigated if the governmental body pursues a proposed course of action; (3) to discuss preliminary negotiations involving matters of trade or commerce in which the entity is in competition with private individual or entities or other governmental bodies in Alabama and (4) to discuss legal ramifications of and legal options for pending litigation. Mayor Ronnie Marks provided a written declaration prior to voting to convene the executive session that the proposed discussion would have a detrimental effect upon the competitive position of a party to the negotiations or upon the location, retention, expansion, or business entity in the area served by the governmental body if disclosed outside of an executive session. Councilman Harper’s motion was unanimously approved. The Council came out of executive session at approximately 7:50 p.m. 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. 9