City Council

November 6, 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 November 6, 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 Frank Travis, Wayne Harper, Joseph Cannon, Harold Wales and Chris Seibert. Benny Seibert led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Frank Travis 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 October 23, 2017 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 October 23, 2017 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. James Blankenship, 1402 Coffman Drive, Athens, addressed the Council on behalf of Athens Union Hall, a new nonprofit organization in Athens with the mission of funding local music and art education programs in North Alabama. Mr. Blankenship provided information related to an upcoming fundraiser Union Hall is holding at the Limestone County Event Center on November 16, 2017, with entertainment to be provided by Iron Horse Bluegrass. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for specified Water Services employees. Frank Eskridge AL-MS AWWA Annual Conference $29.90 (Water Services) Fairhope, Alabama October 14-18, 2017 Howard Hopkins AL-MS AWWA Annual Conference $438.50 (Water Department) Fairhope, Alabama October 14-18, 2017 Brian Daniel AL-MS AWWA Annual Conference $1,272.61 (Water Department) Fairhope, Alabama October 14-18, 2017 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 accept the low bid of $274,249.50 from Petty Line Construction for Buck Island Substation Exit Circuits. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1542 A RESOLUTION TO REQUEST AN ATTORNEY GENERAL OPINION CONCERNING ORDERS OF RELEASE FROM MUNICIPAL COURT WHEREAS, pursuant to state law, municipal court officers see that every defendant arrested and in custody has the opportunity to give bail; WHEREAS, questions have arisen concerning the revocation of bail when a defendant is arrested for the commission of a new criminal offense; WHEREAS, the City of Athens wishes to ensure that it is complying with Alabama law concerning the revocation of bail when a defendant is arrested for the commission of a new criminal offense; and WHEREAS, the City of Athens wishes to request that the Alabama Attorney General provide an opinion as to this matter. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on November 6, 2017 at 5:30 PM, that the Mayor of the City of Athens and the City Attorney are hereby directed and authorized to request that the Alabama Attorney General answer the following questions concerning the admission of bail in municipal court: QUESTIONS 1. Does the phrase “order of release”, as it is used in Rule 7.3 of the Alabama Rules of Criminal Procedure, include a municipal court’s standing order setting a bail schedule? 2. If the answer to Question #1 is “yes”, then according to Rule 7.3, must a municipal court’s standing order setting a bail schedule include the four mandatory conditions set forth in Rule 7.3? 3. If the answer to Question #2 is “yes”, should Rule 7.3’s four mandatory conditions of release be added to the appearance bond form, or should the defendant be provided with notice of the four mandatory conditions through providing the defendant with a copy of the municipal court’s standing order setting a bail schedule? ADOPTED and APPROVED this, the 6th day of November, 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 6th day of November, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk Councilman Travis introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2017-2031 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 11/06/2017. Add the following job title to the list of classified positions for the Gas Department: (1) Gas Inspector, Grade 10 ADOPTED and APPROVED this, the 6th day of November, 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) 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, Alabama on the 6th day of November, 2017. Witness my hand and seal of office this the _______day of _______________, 2017 ____________________________________________ Annette Barnes, City Clerk Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Travis thereupon moved that the ordinance 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 ordinance had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the following job description for the Gas Department:  Gas Pipeline Inspector, Job description dated 10/18/2017 The motion was seconded by Councilman Seibert 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 adopt an organizational chart for the Gas Department, which includes 23 regular status positions and 2 part time positions. 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, that the Mayor, or his designee, is authorized, for and on behalf of the City, to retain the services of a certified appraiser to conduct an appraisal of the Athens Recreation Center. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1543 A RESOLUTION REGARDING AN AMENDMENT TO THE CONTRACT TO PURCHASE REAL PROPERTY FROM PILGRIM’S PRIDE CORPORATION WHEREAS, the Effective Date of the Purchase and Sale Agreement by and between the City of Athens, Alabama and Pilgrim’s Pride Corporation (the “Agreement”) is July 27, 2017; and WHEREAS, the City and Pilgrim’s Pride Corporation desire to extend the Agreement’s Inspection Period to December, 2017, and the Closing Date to on or before December 29, 2017. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 6, 2017, at 5:30 p.m., that the Mayor is authorized, for and on behalf of the City, to execute the Amendment to Purchase and Sale Agreement, in substantially the form as shown on Exhibit A hereto. ADOPTED and APPROVED this, the 6th day of November, 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 6th day of November, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A – AMENDMENT TO PURCHASE AND SALE AGREEMENT AMENDMENT TO PURCHASE AND SALE AGREEMENT This AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made and entered as of the ____ day of ___________________, 2017 by and between the CITY OF ATHENS, ALABAMA, an Alabama municipal corporation (“Buyer”), and PILGRIM’S PRIDE CORPORATION, a Delaware corporation (“Seller”). In consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by each party hereto, the parties hereto, intending to be legally bound, do hereby covenant and agree as follows: 1. Section 4.1 of the Purchase and Sale Agreement by and between the Buyer and Seller, dated July 27, 2017 (the “Agreement”) is hereby amended so that it states as follows: 4.1 Property Condition. Commencing upon the Effective Date and continuing through the Closing Date, Buyer shall, at Buyer’s expense, have the right to access and make reasonable examinations and inspections of the Property and the contracts, books, records, leasing files, plans, reports and inspections relating to the environmental and physical condition of the Property, notices to or from third parties, and leases and accounts of Seller regarding the Property to the extent Seller possesses same. Buyer’s access as aforementioned shall be provided upon reasonable request to Seller for same, and all documentation requested by Buyer shall be made available at the Property during normal business hours. Buyer agrees to promptly repair at Buyer’s expense any material damage to the Property caused by Buyer. If, on or before December 11, 2017 the date that is one hundred twenty (120) days following the Effective Date (the “Inspection Period”), Buyer determines in its sole discretion that the condition of the Property is unsatisfactory for any reason or no reason, the determination of which shall be in Buyer’s sole and absolute discretion, Buyer will have the option, for and in consideration of the Independent Contract Consideration, to terminate this Agreement by serving written notice of termination to Seller, in which event the Deposit shall be returned to Buyer, and upon such termination this Agreement and the rights, duties and obligations of the parties hereunder shall terminate and be of no further force or effect. 2. Section 5.1 of the Agreement”) is hereby amended so that it states as follows: 5.1 Closing Date. The Closing will occur on or before December 29, 2017 the date that is thirty (30) days following the expiration, without extension, of the Inspection Period (the “Closing Date”); provided, however, that Buyer shall have the right to cause the Closing to occur on any particular Business Day that is no later than what is otherwise permitted hereunder by the giving of written notice to Seller of the Business Day on which Buyer intends to conduct the Closing, which date shall be at least ten (10) Business Days after the date of such notice. The Closing will take place at the office of the Escrow Agent; provided,  however, Buyer and Seller shall use commercially reasonable efforts to cause the Closing to occur without either party having to be physically present at such office of the Escrow Agent. IN WITNESS WHEREOF, this Amendment has been executed by the parties on the dates hereafter set forth and made effective on the last date shown below. [SIGNATURE LINES AND DATES] The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that the Mayor (and/or his designee) is authorized to contract, on behalf of the City of Athens, with Morell Engineering to provide land survey services for the approximate 35-acre tract of land constituting the Pilgrim’s Pride property located on Pryor Street. The surveying services will be billed at an hourly rate, with a budget amount not to exceed $7,500 and will be funded from the anticipated FY 2017 general fund surplus. 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 Travis 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. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: Chris Seibert is hereby elected as President of the City Council for a term of November 6, 2017 through November 12, 2018. 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, ALABAMA, as follows: Harold Wales is hereby elected as President Pro Tem of the City Council for a term of November 6, 2017 through November 12, 2018. The motion was seconded by Councilman Travis 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 reschedule the December 25, 2017 regularly schedule Council meeting to December 18, 2017 and to also, reschedule the December 11, 2017 regularly scheduled Council meeting to December 4, 2017, at the same time and location. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2017-2032 AN ORDINANCE TO REZONE PROPERTY FOR THE CITY OF ATHENS BOARD OF EDUCATION FROM A TN-2 TRADITIONAL NEIGHBORHOOD 2 DISTRICT TO TB TRADITIONAL BUSINESS DISTRICT. PROPERTY CONSISTS OF 5.82 ACRES LOCATED TO THE WEST OF DEXTER STREET WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. 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 hereinafter described areas should be rezoned from the TN-2 Traditional Neighborhood 2 District to the TB Traditional Business 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 “TB Traditional Business”. 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 “TB Traditional Business” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the areas which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Commencing at an existing nail at the northeast corner of section 4, township 3 south, range 4 west, thence south 00 degrees 03 minutes 12 seconds west along the east boundary of said section 4 a distance of 927.29 feet to an existing 5/8" rebar with cap stamped "Ronnie G. Coffman RLS 15455" on the north boundary of lot 1 of cotton creek subdivision as recorded in, plat book "h", page 163 in the office of the judge of probate of limestone county, Alabama, thence south 86 degrees 01 minutes 47 seconds west along the north boundary of said subdivision a distance of 452.28 feet to an existing 5/8" rebar with cap stamped "Dunivant engr. co. ca-0044-ls" at the northwest corner of lot 2 of said cotton creek subdivision; thence south 03 degrees 58 minutes 11 seconds east along the west boundary of said subdivision a distance of 559.02 feet to an existing 5/8" rebar, thence south 70 degrees 07 minutes 00 seconds east along the south boundary of said subdivision a distance of 706.68 feet to an existing 5/8" rebar with cap stamped "Dunivant engr. co. ca- 0044-ls" on the westerly right-of-way of U.S. hwy. no. 31, thence south 19 degrees 52 minutes 59 seconds west along the westerly right-of-way of said U.S. hwy. no. 31 a distance of 2319.75 feet to a set 5/8" rebar with cap stamped "Dunivant engr. co. ca-0044-ls" at the northeast corner of lot 2 of Beasley subdivision as recorded in plat book "h'', page 40 in the office of the judge of probate of limestone county, Alabama, thence north 89 degrees 06 minutes 17 seconds west along the north boundary of lot 2 of said subdivision a distance of 359.85 feet to an existing 5/8" rebar on the east right-of-way of Dexter street, thence south 00 degrees 53 minutes 43 seconds west along the east right-of-way of said Dexter street, also being along the west boundary of said Beasley subdivision a distance of 393.90 feet to an existing 5/8" rebar, thence continue along the east right-of-way of said Dexter street being in a curve to the left having a radius of 25.00 feet an arc length of 51.21 feet, along a chord bearing of south 57 degrees 47 minutes 30 seconds east a chord distance of 42.72 feet to an existing 5/8" rebar with cap stamped "Dunivant engr. co. ca-0044-ls" on the north right-of-way of Pryor street, thence south 75 degrees 01 minutes 22 seconds west a distance of 100.25 feet to a point, said point being the point of true beginning of the herein described plat,  Thence from the point of true beginning south 63 degrees 30 minutes 55 seconds west, thence north 00 degrees 49 minutes 14 seconds east a distance of 1755.43 feet, thence south 89 degrees 06 minutes 58 seconds east at a distance of 149.76 feet to a point, thence south 00 degrees 53 minutes 02 seconds west at a distance of 1385.10 feet to a point, thence south 12 degrees 25 minutes 13 seconds west at a distance of 50.00 feet to a point, thence south 00 degrees 53 minutes 02 seconds west at a distance of 46.78 feet to a point, thence south 00 degrees 53 minutes 02 seconds west at a distance of 203.22 feet and back to the point of beginning. Said tract of land contains 5.80 acres, more or less. ADOPTED and APPROVED this, the 6th day of November, 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) 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, Alabama on the 6th day of November, 2017. Witness my hand and seal of office this the 6th day of November, 2017 ____________________________________________ Annette Barnes, City Clerk Councilmember Harper 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 Wales thereupon moved that the ordinance be finally adopted, 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 announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that the Mayor (and/or his designee) is authorized to contract, on behalf of the City of Athens, with Terrell Technical Services, Inc. to provide project design and project management services for asbestos abatement of the former Pilgrim’s Pride Facility located on Pryor Street. These services will be performed at a cost of $8,500 and will be funded from the anticipated FY 2017 general fund surplus. Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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 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. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Harper and second by Councilman Travis, duly and properly adjourned. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK