City Council

June 26, 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 June 26, 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: Councilmembers Chris Seibert, Harold Wales, Frank Travis, Wayne Harper and Joseph Cannon. Jerry Gearhart, a candidate for Eagle Scout, joined Mayor Marks 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 June 5, 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 Wales and was unanimously carried. The Chairperson stated that the Minutes of the June 5, 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 Wales and was unanimously carried. The Chairperson stated that the Minutes of the June 19, 2017 City Council Special Called 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 proposed zoning approval for the sale of alcohol for Aldi, Inc. No one spoke in favor of or against. The public hearing was closed A public hearing was held to hear comments on an unsafe structure at 2414 Highway 31 South. Bert Bradford, City Building Inspector, spoke in support of the resolution to declare a public nuisance. He reported that he had inspected the property and although some progress has been make in demolishing the structure, work remains to be done in filling the basement. He voiced his support for moving forward with the resolution to declare the property unsafe and a public nuisance. The public hearing was closed. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2017-1521 A RESOLUTION DETERMINING THAT A STRUCTURE AT 2414 HIGHWAY 31 SOUTH IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by Ordinance No. 2012-1862, as amended, 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: 2414 US Hway 31 S, Athens, Alabama PARCEL # 10-08-28-0-000-011.000 Structure Description: This includes one brick structure located at the above address, with dilapidated and rotten wooden roofing, known as the “Town and Country Motel.” 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 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, or general welfare of the public or the occupants; (4) 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; (5) 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; (6) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (7) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (8) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (9) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (10) 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 (11) 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, as amended, 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 June 26, 2017 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 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 and APPROVED this, the 26th day of June, 2017. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL, 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 26th day of June, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Wales and was unanimously carried. Mayor Marks introduced Mr. Ray Gold’s granddaughter, Miss Annesly Miller, a fourth grader at Julian Newman Elementary School. Annesly, who is a member of the volleyball team, addressed the Council to request volleyball nets at Athens High School, Big Spring Park or somewhere in the City where her family, friends and teammates can practice other than the recreation center. Ralph Diggins, 100 Willow Street, Athens, addressed the Council to commend Miss Annesly Miller for her request to the Council for volleyball nets. He stated his intention to donate $1,000 to the City to be used to support her request. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of eight (8) desktop computers and (3) laptop computers for various general fund departments. The equipment is to be purchased from TSA through the City’s membership in the North Alabama Cooperative Purchasing Association at a cost not to exceed $11,839. This purchase is to be funded from the existing information technology capital account, line item #301.500.85001, Operational Capital. 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 approve travel expenses for the following Electric Department personnel: Chris Haney $206.39 TVPPA Line Design & Staking-Stage 4-Nashville, TN 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 approve travel expenses for the following Electric Department personnel: Gary Scroggins $ 59.08 ANGA Conference-Hilton Head, SC Gary Scroggins $318.70 TVPPA Annual Conference-Savannah, GA 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 authorize the Mayor to issue a purchase order to Warrior Tractor and Equipment Company, Inc. in the amount of $72,550 for a track loader, which was bid and opened on June 7, 2017. This track loader has been leased by our department for the last four months. The equipment purchased shall be funded from the City of Athens Street Department’s Capital Account line item. 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 authorize the Mayor to issue a purchase order to Warrior Tractor and Equipment Company, Inc. in the amount of $14,750 for a new Bradco Brush Cutter. The equipment purchased will be funded from the City of Athens Street Department’s Capital Account line item. 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 reschedule the July 10, 2017 regularly scheduled Council meeting to July 17, 2017 at the same time and location. 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 reschedule the public hearing, originally set for July 10th, for rezoning of property owned by Belle Mina Land Company, located southwest of the intersection of U.S. Hwy 72 and McCulley Mill Road within the corporate limits of Athens, Alabama from a B-3 Highway Business District to R-1-3 Single Family High Density Residential District, to July 17, 2017. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2017-2022 AN ORDINANCE FURTHER AMENDING CHAPTER 6 OF THE CITY CODE, RELATING TO ALCOHOLIC BEVERAGES WHEREAS, the Alabama Legislature, pursuant to Act 2017-310, has authorized the City Council of the City of Athens to regulate and permit the retail sale of alcoholic beverages on Sundays, subject to the ordinances of the City; and WHEREAS, the City Council desires to exercise its police powers, set forth in § 11-45-1 of the Code of Alabama and elsewhere, to further regulate the sale of alcoholic beverages in the City, as stated herein. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on June 26, 2017 at 5:30 p.m., as follows:  Section 1. Section 6-39 of the Code of Ordinances of the City of Athens is hereby amended to state as follows: Sec. 6-39. Authorized hours. The sale of alcoholic beverages in the city by properly licensed retail licensees is permitted on all days during the week (including Sunday), except as follows: it shall be unlawful for any person, whether a liquor, wine or beer licensee or not, to sell, offer for sale or to serve, dispense or offer for reward, or to offer to serve or dispense for reward any liquor, wine, or beer, or to allow the consumption of any alcoholic beverages on the licensed premises between the hours of 12:00 a.m. and 6:00 a.m. on Monday, Tuesday, Wednesday, Thursday Friday or Saturday of any week, or between the hours of 2:00 a.m. and 6:00 a.m. on Sunday of any week. Section 2. This ordinance shall become effective upon July 2, 2017. Section 3. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 4. No other provisions of Chapter 6 of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED and APPROVED this, the 26th day of June, 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 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 26th day of June, 2017. Witness my hand and seal of office this the ____ day of _________________, 2017.  ___________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Wales with four yeas by Councilmen Seibert, Wales, Travis and Cannon and one nay by Councilman Harper. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to hire Lee Helms Associates, LLC as Grant Administrator for the Safe Room project at Cowart Elementary. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2017-1522 A RESOLUTION DECLARING OVERGROWN WEEDS AND GRASS AT A LOT ON MAXIE ALLEN STREET AS A PUBLIC NUISANCE, AND DIRECTING A PUBLIC HEARING CONCERNING THE PROPERTY WHEREAS, the City of Athens is authorized by state law (including but not limited to §§ 11-67-60, et seq. of the Code of Alabama) to abate nuisances within the City, such as an abundance of overgrown vegetation that is injurious to the general public health, safety, and general welfare by being unsightly and providing breeding grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insects, or pests; and WHEREAS, it has been brought to the attention of this City Council that weeds and vegetation located on certain properties are injurious to the general public health, safety, and general welfare by being unsightly and providing breeding grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insects, or pests. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on June 26, 2017, at 5:30 p.m., as follows: 1. This resolution concerns the following real property located within the corporate limits of the City of Athens as follows: Tax Parcel #10-03-07-4-002-027.000, on Maxie Allen Street, Athens, Alabama. The Limestone County Revenue Commissioner shows the following legal description of the property: COM SE COR SEC 7 TH N 1680 W990 TO POB CONT W 100 S 10 W24 N 170 E 360 S 75 SWLY 115TO POB IN SEC 7 3 4N 2. A map depicting the real property is attached hereto as Exhibit A. 3. The overgrown vegetation on said properties is hereby declared to be public nuisances subject to abatement by the City pursuant to state law, including but not limited to § 11-67-60 of the Code of Alabama. 3. A public hearing concerning this property, at which the owner or any interested person may address the City Council, shall be held at the City Council’s regular meeting on August 28, 2017, at 5:30 P.M, after which the City Council shall determine whether a public nuisance exists and whether the same should be abated by action of the City. 4. City officials are directed to issue such notices concerning the same as the law may require. ADOPTED and APPROVED this, the 26th day of June, 2017. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL, 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 26th day of June, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk  EXHIBIT A The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to authorize the Electric Department Manager, contingent upon final FY17 budget approval, to award contracts for FY 2018 Line Clearance and Tree Maintenance as follows: ABC Professional Tree Services total for all circuits: $150,044.24 1. Poplar Creek 294: $150,044.24  Lewis Tree Service, Inc. total for all circuits: $608,476.30 1. Athens District 224: $ 55,996.71 2. Athens District 244: $ 11,159.01 3. Athens District 284: $ 36,886.16 4. Elkmont 224: $ 78,325.55 5. Mount Roszelle 264: $149,568.21 6. Poplar Creek 254: $253,358.82 7. Strange St 422: $ 10,484.98 8. 6th St 300: $ 12,696.86 Trees, Inc. total for all circuits: $293,879.09 1. Mount Roszelle 274: $263,707.59 2. Strange St 412 $ 8,638.50 3. 6th St 301: $ 12,193.20 4. 6th St 302: $ 9,339.80 W.A. Kendall and Company, Inc. total for all circuits: $168,535.50 1. Athens District 294: $ 22,099.00 2. Poplar Creek 274: $146,436.50 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION Continuing Budget for City of Athens Electric Department - FY 2018 WHEREAS, the City of Athens Electric Department operates on a fiscal year beginning on July 1 and ending on June 30 of each year; and WHEREAS, the fiscal year 2018 Electric Department budget is currently under review by City Administration; and WHEREAS, City Administration expects to have the proposed 2018 Electric Department budget submitted to the City Council for approval no later than the regularly scheduled City Council meeting of July 24, 2017; THEREFORE, BE IT RESOLVED, that the City Council approves the continued operations of the City of Athens Electric Department at the funding levels established by the FY 2017 budget adopted on June 27, 2016, through the month of July 2017. 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 allow the Athens Police Department to apply for grant funding to supplement the salary of up to two (2) additional officers. Seventy- five percent (75%) of the funding for this purchase (up to $125,000 per officer) will be provided by the Department of Justice. The remainder of funding (projected to cost $56,268 per officer) will be funded by the City of Athens General Fund. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Travis 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: Grill Concession Racks Copier Scanner CB Radio Filing Cabinet Small Pizza Oven Small Oven Baseball Bats Softball Bats Stihl Weedeaters Echo Hedge Trimmer 480v 1500w Ballast Kits (2) 1998 Ford F-150 Trucks Portor Cable 14.4 Battery Drill with Batteries and Charger Kenwood Microphone Astron Power Supply 2-Way Radios and Bases Antenna with 20ft +/- Pole The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS to authorize the Mayor to pay invoice number 7257494 from CSX in the amount of $30,146.00. This was work performed by CSX on the Roy Long Road Rail Crossing. This project will be funded from the Gas Tax Fund. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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 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 resolution had been unanimously carried. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Seibert and second by Councilman Travis, duly and properly adjourned. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK