City Council

April 10, 2017 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 April 10, 2017, 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 and Joseph Cannon. Councilman Harper was absent, due to a death in the family. Mayor Marks was joined by Conner Higgins and Harrison Black in leading the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Joseph Cannon 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 March 27, 2017 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 Travis and was unanimously carried. The Chairperson stated that the Minutes of the March 27, 2017 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 Travis and was unanimously carried. Mayor Marks recognized Conner Higgins, a local student, who is to appear on the television show “Who Wants to be a Millionaire – Whiz Kids Edition.” He congratulated Conner on being selected to compete on the show, which is to air on Wednesday, April 12th at 11:30 a.m. Mayor Marks then read a proclamation declaring the week of April 24th, Parental Alienation Prevention Week. A public hearing was held to hear comments on the sale of alcohol for Food Fite. No one spoke in favor of or against the sale of alcohol for Food Fite. The public hearing was closed. Ralph Diggins, 100 Willow Street, Athens, spoke in favor of the City approving the request of Lucy’s Branch Marina to be annexed into the city limits of Athens. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel. Rhett Murphy $50.00 City of Florence 22nd Annual Urban Forestry & Horticulture Conference – Florence, AL Blair Davis $1286.60 Virginia Transformer – Pocatello, Idaho The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following proclamation: 1  PROCLAMATION WHEREAS, April 11, 2017 marks the forty-ninth Anniversary of the passage of the United States Fair Housing Law, Title VIII of the Civil Rights Act of 1968, which enunciated a National Policy of fair housing without regard to race, color, religion, sex, and national origin; and WHEREAS, the effective implementation of the National Policy depends on affirmative action at all levels of Government; NOW, THEREFORE, I, William R. Marks, Mayor, City of Athens, do hereby proclaim the month of April 2017, as Fair Housing Month in recognition of the importance of fair housing to our way of life, and I urge our citizens to obey the letter and the spirit of the Fair Housing Law as an expression of the individual rights guaranteed by the United States Constitution. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Athens affixed this the 10th day of April 2017. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2017-2016 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS AN ORDINANCE TO ESTABLISH ZONING DISTRICTS ACROSS TERRITORY WITHIN ATHENS CORPORATE LIMITS AND ADOPT REGULATIONS PERTAINING TO THE KIND, CHARACTER AND USE OF STRUCTURES AND IMPROVEMENTS THAT MAY BE ERECTED OR MADE WITHIN THE ESTABLISHED DISTRICTS WHEREAS, Title 11, Chapter 52, Article 4, Code of Alabama 1975, as amended and supplemented by all applicable laws authorizes and provides for the establishment of districts within the corporate limits of Athens, Alabama; to regulate within such districts the height, number of stories, and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards and other open spaces, the density of population and the use of buildings, structures, and land; to repeal all existing zoning ordinances and to provide methods of administration of this Ordinance and penalties for the violation thereof, and WHEREAS, the Planning Commission of the City of Athens, Alabama adopted on December 17, 2013 a portion of a master plan, referred to as the “Future Land Use and Development Plan,” which provides guidance for adopting new zoning districts across territory within Athens’ corporate limits and regulations pertaining to the kind, character and use of structures and improvements that may be erected or made within said districts, and 2  WHEREAS, the Planning Commission of the City of Athens, Alabama at their regular meeting held on January 24, 2017 has made its recommendation to the City Council of the City of Athens, Alabama, that a new Zoning Ordinance, along with its corresponding Zoning Maps, be adopted, and WHEREAS, the City Council of the City of Athens, Alabama, finds that the proposed Zoning Ordinance and corresponding Zoning Maps promote the public health, safety, morals and general welfare; provide for the orderly development and growth of Athens; avoid congestion on the public roads and streets; conserve life, property and natural resources and the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties, for the general good and benefit to the people of Athens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That the Zoning Ordinance and its corresponding Zoning Maps, as Exhibit A hereto, recommended by the Planning Commission at their regular meeting on January 24, 2017 attached hereto as Exhibit A are hereby approved as the Official Zoning Ordinance and Zoning Maps for the City of Athens. Pertaining to the effect on the prior Zoning Ordinance, this Ordinance in part carries forward by its re- enactment some of the provisions of prior zoning ordinances of the City of Athens (and such provisions are contained in this Ordinance), but all provisions that are not carried forward and re-enacted herein are hereby repealed. However, all liabilities which have accrued under prior zoning ordinances of the City shall be preserved, and may be enforced. As such, the enactment of this Ordinance shall not affect any action, suit, or proceeding instituted or pending at this time under any prior zoning ordinance of the City. All suits at law or in equity and/or all prosecutions resulting from the violation of any prior zoning ordinance heretofore in effect, which are now pending in any of the courts of the state or of the United States, shall not be abated or abandoned by reason of the adoption of this Ordinance but shall be prosecuted to their finality, the same as if this Ordinance has not been adopted; and any and all violations of the prior zoning ordinances, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Ordinance shall be construed as to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted. ADOPTED and APPROVED this, the 10th day of April, 2017. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA 3 /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA) LIMESTONE COUNTY) CERTIFICATION OF CITY CLERK 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 an Ordinance duly adopted by the City Council of the City of Athens, Alabama on the 10th day of April, 2017. Witness my hand and seal of office this 10th day of April, 2017. ____________________________________________ Annette Barnes, City Clerk [Note: Due to its length, Exhibit A to the above Ordinance (i.e., the Zoning Ordinance and its corresponding Zoning Map) is attached to the end of these minutes.] The motion was seconded by Councilman Wales 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 allow the Mayor or the Director of the Cemetery, Park, & Recreation Department to accept the proposal from Morell Engineering, not to exceed $6,500, to bid, engineer, and oversee the tennis courts projects at Big Springs and Swan Creek Parks. The motion was seconded by Councilman Wales and as unanimously carried. Councilman Wales introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the Manager, Water Services, is hereby authorized to enter into an agreement with Reed Contracting Services, Inc. for construction of the Medical Village Sewer Relocation, Phase 2, in accordance with the plans and specifications for said project and he is hereby authorized to execute a corresponding purchase order in the amount of $27,522.00. 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 and Cannon; 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, Travis and Cannon; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: 4  RESOLUTION NUMBER 2017-1513 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the Alabama Department of Environmental Management (ADEM) be informed that the Athens City Council has reviewed the annual MWPP Report and authorized its submittal as required. ADOPTED and APPROVED this, the 10th day of April, 2017. /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 STATE OF ALABAMA) LIMESTONE COUNTY) CERTIFICATION OF CITY CLERK 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 10th day of April, 2017. Witness my hand and seal of office this 10th day of April, 2017. ____________________________________________ Annette Barnes, City Clerk 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 accept the low bid of $200,805 from VFP, Salem, Virginia, for the Control House with switchboards to be used in the GE Aviation Substation. The motion was seconded by Councilman Travis and was unanimously carried. 5 Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2017-2017 AN ORDINANCE ABANDONING/VACATING A PORTION OF A 20.00’ UTILITY EASEMENT (OVERHEAD) ON LOT No. 5, BLOCK 73, 1897 HENDERSON & CARTER MAP OF THE TOWN OF ATHENS WHEREAS, Suzanne H. Carlisle f/k/a Suzanne H. Case is the current owner of certain real property lying and being in the City of Athens, Alabama, pursuant to a Warranty Deed between Albert Roy Case as Grantor and Suzanne H. Case as Grantee, dated May 29, 1990 and recorded May 29, 1990 in FICHE 1767, Page 47, in the Office of the Judge of Probate of Limestone County, Alabama, said real property being more particularly described as follows to-wit; 0.28 acres being a part of Lot No. 5, Block 73, 1897 Henderson & Carter Map of the Town of Athens, said subdivision being recorded in Plat Book "A", Pages 7-8, in The Office of The Judge of Probate, Limestone County Courthouse, Athens, Alabama, and being more particularly described as follows; Commencing at the Northeast Corner of said Lot No. 5; Thence South 00 degrees 00 minutes 00 seconds East along the East boundary of said Lot No. 5 for a distance of 22.00 feet to a steel bar on the South right-of-way margin of East Market Street; Thence continue South 00 degrees 00 minutes 00 seconds East along said East boundary and along a chain link fence for a distance of 104.51 feet to a 2-inch pipe at a fence corner; Thence North 88 degrees 11 minutes 43 seconds West along a fence line for a distance of 129.92 feet to a set 1/2-inch rebar stamped "ATHENS LS CA-0292-LS" at the Point of Beginning of the herein described property; Thence from the Point of Beginning, South 00 degrees 06 minutes 08 seconds east along an existing fence line for a distance of 177.11 feet to an existing 5/8-inch rebar on the North right-of- way margin of Washington Street; Thence South 88 degrees 34 minutes 21 seconds west along said right-of-way for a distance of 70.11 feet to an existing 5/8-inch rebar; Thence North 02 degrees 52 minutes 20 seconds west for a distance of 136.59 feet to an existing 5/8-inch rebar; Thence North 89 degrees 40 minutes 20 seconds east for a distance of 33.73 feet to an existing bar; Thence North 04 degrees 05 minutes 07 seconds east for a distance of 15.82 feet to a set 1/2-inch rebar stamped "ATHENS LS CA-0292-LS"; 6  Thence North 88 degrees 05 minutes 08 seconds west for a distance of 17.98 feet to a set 1/2-inch rebar stamped "ATHENS LS CA-0292-LS"; Thence North 01 degrees 01 minutes 29 seconds east for a distance of 27.73 feet to a set 1/2-inch rebar stamped "ATHENS LS CA-0292-LS"; Thence South 88 degrees 11 minutes 43 seconds east for a distance of 18.94 feet to an existing 1/2- inch rebar at a fence comer, Thence South 88 degrees 11 minutes 43 seconds east for a distance of 40.32 feet to the Point of Beginning, containing 0.28 acres (“real property”). AND BEING SUBJECT TO: A 20.00 foot utility easement (overhead) AND BEING SUBJECT TO: A 20.00 foot sanitary sewer easement; and WHEREAS, there is a 20.00’ utility easement (overhead) (“Easement”) located on, over and across the real property; and WHEREAS, the Easement was granted to the City of Athens, Alabama, by the Certificate to Consolidate for Suzanne Carlisle, dated October 22, 2014 and recorded June 2, 2015 in RLPY 2015, Page 24824 in the Office of the Judge of Probate of Limestone County, Alabama (“Certificate to Consolidate”); and WHEREAS, the City Council desires to abandon and vacate the portion of the Easement which crosses or traverses the “Storage Building” as shown on the attached “Exhibit A”; and WHEREAS, the Council has examined the same and expressly finds that the portion of the Easement abandoned/vacated by this Ordinance is no longer needed for public or municipal purposes; and WHEREAS, the Council finds that such portion of the Easement to be vacated is of no value or de minimis value, but that any administrative and legal costs of the City related to this Ordinance should be paid by the underlying owner in connection with this action. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on April 10, 2017, at 5:30 p.m., as follows: 1. The City hereby expresses its intention to abandon/vacate the portion of the Easement shown on “Exhibit A” on, over and across the real property, and described on “Exhibit A” as the “AREA REQUESTED TO BE VACATED”. 7  2. The portion of the Easement shown on “Exhibit A” is hereby abandoned/vacated. The Mayor is authorized to execute any such documents as may be needed to evidence such abandonment/vacation. A copy of this Ordinance may be recorded in the records of the Office of the Judge of Probate of Limestone County, Alabama. 3. The above described abandonment/vacation is for the portion of the Easement shown on “Exhibit A”. 4. No other easement(s) (or portion thereof) described in the above-referenced Certificate to Consolidate is/are abandoned by this Ordinance, whether or not such other easement(s) extend over, across, under or through the same real property as the easement (or portion thereof) abandoned/vacated hereby and described herein. Moreover, no other easement(s) (or portions thereof) that have been conveyed pursuant to a source other than the above-referenced Certificate to Consolidate are abandoned/vacated by this Ordinance, whether or not such other easement(s) extend over, across, under or through the same real property as the easements (or portions thereof) abandoned/vacated hereby. Finally, this Ordinance does not relate to or abandon/vacate any easement (or portion thereof) that lies on, over, under, or across any real property other than the real property described herein. 5. This Ordinance shall go into effect immediately upon its adoption. ADOPTED and APPROVED this, the 10th day of April, 2017. /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 STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK 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 10th day of April, 2017. Witness my hand and seal of office this the ____ day of _________________, 2017. ___________________________________ Annette Barnes, City Clerk 8 EXHIBIT A 9 10 Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 and Cannon; 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 Seibert thereupon moved that the ordinance 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 and Cannon; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. At approximately 6:20 p.m., Councilman Seibert introduced a motion to enter into executive session. Councilman Seibert’s motion was then seconded by Councilman Wales. 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 exception as prescribed in the Open Meetings Act: 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. City of Athens One Stop Shop/Customer Relations Manager Amy Golden provided an oral 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 Seibert’s motion was unanimously approved. The Council came out of executive session at approximately 6:45 p.m. There being no further business to come before the meeting, the same was, upon motion by Councilman Wales and second by Councilman Travis, duly and properly adjourned. 11