City Council

December 18, 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 December 18, 2017, at 4:30 p.m. The meeting was called to order by Councilman Chris Seibert, President of the Council. Upon roll call, the following were found to be present: Councilmembers Frank Travis, Wayne Harper, Harold Wales, Joseph Cannon and Chris Seibert. Mayor Ronnie Marks led 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 December 4, 2017 City Council Meeting had been submitted for approval. Councilman Cannon 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 December 4, 2017 City Council Work Session Meeting had been submitted for approval. Councilman Cannon 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. D.W. Daws, 1721 Brownsferry Road, Athens, addressed the Council and requested some action be taken by the City to alleviate the beaver problem along Brownsferry Road. Bill Wilkes, 425 Rogers Street, Athens, addressed the Council about the recent death of his dog caused by his neighbor’s larger dogs breaking through his fence and entering his back yard. He stated that he had contacted animal control and was told there was nothing that could be done. He inquired about City ordinances related to the control of animals. Ron Ultz, a former animal control officer with the City’s police department, addressed the Council concerning the issue of public safety related to unrestrained animals and the responsibility of the City to protect citizens from the risk of attacks by these animals. Karen Bethea, 1528 North Lindsay Lane, Athens, addressed the Council in support of an ordinance to prohibit the tethering of animals in the City. She asked the Council to review a copy of the ordinance adopted by the City of Florence and to consider adopting a similar ordinance. Kelly Range, 303 Brookwood Drive, Athens, spoke in favor of the proposed ordinance, which would grant the Athens Public Library’s Board of Directors the authority to allow the consumption of alcohol at the library for private parties and fundraising events. Ralph Diggins, 100 Willow Street, Athens, thanked the Mayor and Council for taking ownership of the City and being such good stewards of the City’s finances. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase equipment for police vehicles and installation of equipment from Sharp Communication, not to exceed $6,500.00. Funding for this purchase will be from the Police Department’s existing capital expenditure account. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the travel/educations expenses for the following Gas Department personnel. Paul King Directional Drilling Technologies for Utility & $79.44 Pipeline Application Concord, North Carolina December 5-8, 2017 Mike Kuykendall Directional Drilling Technologies for Utility & $144.87 Pipeline Application Concord, North Carolina December 5-8, 2017 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of software from Civic Rec at a total cost, not to exceed, $8,500, to be funded from the existing CPR capital account. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2017-1548 WHEREAS, the City of Athens has received a grant from the Alabama Department of Economic and Community Affairs for a Recreational Trails Program (RTP) Project in the amount of $200,000, and WHEREAS, the project will be referred to as the City of Athens Swan Creek Greenway Expansion and Trailhead Project, also known as Project #: 17-RT-54-01, and WHEREAS, the scope and purpose of this project is for the expansion of the Swan Creek Greenway and constructing a Trailhead on the southside of US Highway 72, and WHEREAS, the City of Athens recognizes that it is in City’s best interest to accept this grant and provide the matching funds committed in support of this project. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Athens will commit $50,000 in matching funds, in the form of local cash in support of the aforementioned project. BE IT FURTHER RESOLVED, that the City Council recognizes that William R. Marks, Mayor, is recognized as the appropriate person to sign all grant agreements, certifications, assurances, and any other necessary documents associated with the implementation of this grant project. ADOPTED AND APPROVED by the City of Athens on this the 18th day of December 2017. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2017-1549 WHEREAS, the City of Athens has received a grant from the Alabama Department of Economic and Community Affairs to implement a Recreational Trails Program (RTP) Project, and WHEREAS, the scope and purpose of this project is for the expansion of the Swan Creek Greenway and constructing a Trailhead on the southside of US Highway 72, and WHEREAS, to implement the Swan Creek Greenway Expansion and Trailhead Project the Athens City Council has elected to utilize the services of a grant consultant and a consulting engineer to assist the City in implementing the above referenced grant project. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Athens authorizes the Mayor to begin formally advertising for Statement of Qualifications from qualified grant consulting and engineering firms to assist the city in implementing the RTP Swan Creek Greenway Expansion and Trailhead Project. ADOPTED AND APPROVED by the City of Athens on this the 18th day of December 2017. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA 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, that the City Council, as the governing body of the City of Athens, hereby endorses and supports legislation requiring that all child-care facilities and child day-care facilities, including pre-schools, be subject to licensing and regulation by the Department of Human Resources. BE IT FURTHER RESOLVED, that the City Council supports legislation requiring criminal history background checks be conducted on all workers employed at any child-care facility, child day-care facility, or pre-school facility. BE IT FURTHER RESOLVED, that currently nearly half of center-based child care and nearly one-third of all child care in Alabama is operating unregulated and uninspected. BE IT FURTHER RESOLVED, that the City Council requests that the Alabama Legislature and Governor Kay Ivey consider this legislation at the next legislative session and that the Limestone County Legislative Delegation support this legislation. BE IT FURTHER RESOLVED, that a copy of this Resolution shall be provided to the Governor, each member of the Limestone County Legislative Delegation, and each member of the Alabama House and Senate. The motion was seconded by Councilman Cannon 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 accept the low bid of $27,520.00 from C & M Lawn Care for 2018 Substation Lawn Maintenance. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2017-1550 A RESOLUTION CONCERNING AN AMENDMENT TO THE PROJECT AGREEMENT INVOLVING CARPENTER TECHNOLOGY CORPORATION _______________________________________________ WHEREAS, the City is a party to that certain Project Agreement made effective on February 10, 2012 (the “Agreement”), as amended, and which involves Carpenter Technology Corporation (“Carpenter”); WHEREAS, through that Agreement, the City (by and through Athens Utilities) provided certain economic incentives to Carpenter related to Carpenter’s use of Athens Utilities’ electrical and natural gas service; WHEREAS, Carpenter constructed and now operates the specialty steel manufacturing facility described in the Agreement, and Athens Utilities provides electrical and natural gas service to Carpenter as contemplated by the Agreement; WHEREAS, other public entities provided additional and different economic incentives to Carpenter that were linked to Carpenter attaining a certain level of employment, and all of these were described in the Agreement; WHEREAS, due to various economic circumstances affecting the United States steel industry, Carpenter currently employs 181 full-time employees at the facility rather than the 200 employees targeted by the agreement, as amended, for January 1, 2018, although Carpenter remains committed to the Limestone County community, and expects that it will employ 275 full-time employees by the end of 2018; WHEREAS, these employment targets did not impact and were not tied to the Athens Utilities’ incentives set forth in the Agreement;  WHEREAS, the other parties to the Agreement desire to amend the Agreement to extend the employment target as an inducement to Carpenter to continue increasing its employment at the facility; and WHEREAS, the amendment discussed herein has no impact on the terms of the Agreement as they relate to Athens Utilities. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on December 18, 2017 at 4:30 p.m., as follows: 1. The Mayor is authorized to enter into the “Second Amendment to Project Agreement”, in substantially the same form as set forth in Exhibit A hereto, and to take all such actions as may be necessary to carry out and enforce the terms of the same. 2. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Resolution. ADOPTED and APPROVED this, the 18th day of December, 2017. /s/ Chris Seibert 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 18th day of December, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A SECOND AMENDMENT TO PROJECT AGREEMENT This SECOND AMENDMENT TO PROJECT AGREEMENT (this “Amendment”) is made by and among the STATE OF ALABAMA (the “State”), AIDT (“AIDT”), LIMESTONE COUNTY, ALABAMA (the “County”), the CITY OF ATHENS, ALABAMA (by and through its utility operations referred to as “Athens Utilities”) (the “City”), LIMESTONE COUNTY WATER AND SEWER AUTHORITY (“LCWSA”), LIMESTONE COUNTY ECONOMIC DEVELOPMENT ASSOCIATION, INC. (“LCEDA,” and together with the State, AIDT, the County, the City, and LCWSA, the “Public Authorities”), and CARPENTER TECHNOLOGY CORPORATION (the “Company”), effective as of the date on which all of the Parties shall have signed this Amendment, including the Governor of the State of Alabama, who shall be the last signatory to sign. The State, AIDT, the County, the City, LCWSA, LCEDA, and the Company are each a “Party” to this Amendment and are collectively referred to herein as the “Parties.” Capitalized terms not herein otherwise defined shall have the meanings ascribed to them in that certain Project Agreement by and among the Parties dated February 10, 2012, as amended by that certain First Amendment to Project Agreement effective as of July 18, 2016 (the “Agreement”). R E C I T A L S: WHEREAS, under the Agreement, the Public Authorities committed to provide certain incentives to the Company as inducements for the Company to construct and equip a new Facility and employ at least 200 new Full-Time Employees at the Facility by January 1, 2018; and WHEREAS, the Company has achieved its Capital Commitment by spending approximately $560 million as of November 1, 2017; and WHEREAS, due to various economic and operational circumstances, the Company has been forced to operate the Facility at a limited capacity and has employed 181 Full-Time Employees at the Facility as of November 1, 2017; and WHEREAS, due to such circumstances, the Company will not employ at least 200 Full-Time Employees by the January 1, 2018 Final Jobs Target Date, but remains committed to Alabama, Limestone County, the City of Athens, and the surrounding community; and WHEREAS, the Parties desire to enter into this Amendment to extend the Final Jobs Target Date under the Agreement from January 1, 2018 to January 1, 2019 as an inducement for the Company to continue increasing its employment at the Facility. NOW, THEREFORE, in consideration of the respective agreements on the part of the Parties contained in the Agreement and this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Amendments. The Agreement shall be amended as follows: (a) Section 1.3 of the Agreement regarding the Company’s employment commitment shall be amended by deleting “January 1, 2018” and inserting “January 1, 2019” in lieu thereof. (b) Section 3.1(a) of the Agreement regarding the Jobs Maintenance Period shall be amended by deleting “five (5)” and inserting “seven (7)” in lieu thereof. 2. Full Force and Effect. Except as expressly amended hereby, all other terms of the Agreement shall continue in full force and effect. 3. Captions. The titles and captions contained in this Amendment are inserted only as a matter of convenience and for reference and in no way define, limit, extend, or describe the scope or intent of this Amendment. 4. Controlling Law. This Amendment will be governed by and construed and enforced in accordance with the laws of the State of Alabama without giving effect to principles of conflict of laws. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single document. [Followed by Signature Lines] The motion was seconded by Councilman Harper and was unanimously carried. The following ordinance was previously introduced at the Athens City Council Meeting on Monday, December 4, 2017, by Councilman Cannon:  ORDINANCE NUMBER 2017-2034 AN ORDINANCE AMENDING THE DEFINITION OF “PUBLIC PLACE” IN THE ATHENS ALCOHOLIC BEVERAGE ORDINANCE _____________________________________________________________________ WHEREAS, the City Council desires to remove “public library” from the definition of “public place” in the Athens Alcoholic Beverage Ordinance, so as to allow the library board to determine for itself when and under what circumstances the retail sale of alcoholic beverages would be allowed at the public library (such as at fundraising events, receptions, or similar functions). THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on December 18, 2017, at 4:30 p.m., as follows: Section 1. The definition of “Public place” in Section 6-33 of the Code of Ordinances of the City of Athens is hereby amended so that it reads as follows: Public place means any: (1) School building or school property, (2) Public park, (3) Outdoor recreational area regularly held open to the general public, and (4) Athletic facility/field regularly held open to the general public. Public place shall also mean, unless such premises is being used for a private gathering or such premises is otherwise licensed for the sale of alcoholic beverages, any theater, auditorium, skating rink, dance hall, or other place of amusement. Section 2. 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 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. Section 4. 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 18th day of December, 2017. /s/ Chris Seibert 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 18th day of December, 2017. Witness my hand and seal of office this the ____ day of _________________, 2017. ___________________________________ Annette Barnes, City Clerk The motion to approve the ordinance was seconded by Councilman Travis. After an opportunity for discussion of the motion, Mr. Seibert called for the roll call vote. Councilmen Seibert, Cannon, Travis and Harper voted “yes”, and Councilman Wales voted “no.” The motion carried by a vote of 4-1. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2017 budget amendments:  Capital Expenditure Fund $ 400,000  Capital Projects – as follows: * Swann Creek Greenway Grant Match $ 50,000 ** New Recreation Center (Land Survey & Geotechnical Engineering Services) 15,000 *** Pilgrim’s Pride-Survey & Asbestos Design & Project Management 16,000 Total Capital Projects $ 81,000 The funding for these expenditures will be from the FY 2017 general fund budget surplus through a 9/30/2017 budget amendment to the following line items: 100.527.90112 - Transfers Out-Capital Expenditure Fund $ 400,000 100.527.90111 – Transfers Out – Capital Projects Fund $ 81,000 The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2017-1551  A RESOLUTION CONCERNING THE PURCHASE OF THE PILGRIM’S PRIDE PROPERTY AND A RELATED TAX INCREMENT FINANCING DISTRICT _______________________________________________ WHEREAS, the City and Pilgrim’s Pride Corporation are parties to the July 27, 2017, Purchase and Sale Agreement (the “Agreement”), concerning the sale of certain real property (the “Property”), in connection with a redevelopment plan addressing blight in the area; WHEREAS, the closing is currently set to occur on or before December 29, 2017, and the City Council wishes to authorize the Mayor to provide for the continuance of the closing on the property beyond December 29, 2017, if needed and from time to time, in order to ensure that all closing logistics and requirements have been satisfied to the City’s best interest; WHEREAS, Alabama law allows cities to create tax increment financing districts to aid cities with the city’s costs of certain redevelopment and rehabilitation projects; WHEREAS, generally speaking, these tax increment financing districts capture the increase in property taxes from the increase in property values associated with the city’s project and transfer that funding increase to the benefit of the city, which uses those funds to assist it in financing the cost of the project; WHEREAS, in order to assist the City with financing the cost of the expenditures associated with the City’s purchase of the Property, the demolition of structures on the Property, the construction of nearby roadway improvements at Pryor Street’s intersection with Highway 31, and other related expenses that the City may incur in connection with public infrastructure and redevelopment in the area of the Property, the City Council wishes to initiate the procedures that are legally necessary in order to allow the City Council to consider the creation of a tax increment financing district that would include the tax parcels that make up the Property, as well as nearby tax parcels; WHEREAS, the City Council wishes to direct the Mayor to develop and issue the legal notices and requirements required by Alabama law to arrange for a meeting and public hearing in January, 2018, such that the City Council may consider the establishment of such a tax increment financing district as soon as possible; WHEREAS, within a sixty (60) day period prior to this Resolution, the City has expended funds with respect to a survey, asbestos design and management, an asbestos material survey, asbestos inspection services, among other expenses all related to the Property and/or improvements discussed above;  WHEREAS, in connection with the above, prior to the establishment of such tax increment financing district, the City Council expects that it will expend funds with respect to the purchase of the Property, and that it may incur obligations with respect to the demolition of dilapidated structures on the Property and/or the removal of asbestos on such structures; WHEREAS, the City Council is not currently prepared (nor will it be prepared in the near future) to finance such expenditures on a long-term basis from the tax increment financing district or otherwise, but it reasonably expects that, in order to finance such expenditures, it may issue tax exempt warrants relating to the above-described tax increment financing; and WHEREAS, in the meantime, although such costs may be paid out of the City’s General Fund, the City Council intends that such costs may be reimbursed from such future warrants and the related tax increment financing. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 18, 2017, at 4:30 PM, as follows: 1. The Mayor is authorized and directed, for and on behalf of the City, to provide for agreement with Pilgrim’s Pride Corporation for the continuance of the closing on the Property beyond December 29, 2017, if needed and from time to time, to ensure that all closing logistics and requirements have been satisfied to the City’s best interest. 2. The Mayor is authorized and directed, for and on behalf of the City, to develop and issue the legal notices and requirements required by Alabama law to arrange for (i) a meeting with the deferred tax recipients at City Hall on January 17, 2018, at 1:00 PM (or such other time if the Mayor determines a need to reschedule) and (ii) a public hearing concerning the tax increment financing district at the City Council’s regular meeting at 5:30 PM on January 22, 2018, such that the City Council may consider the establishment of such a tax increment financing district as described herein. 3. It is intended that the City may issue and deliver in 2018, for the purposes set forth above, tax exempt obligations related to the tax increment financing district described herein, and that all or a to reimburse portion of the proceeds derived by the City from such obligations would be applied the City for any funds advanced by it for such purposes described above (including costs related to the survey, asbestos design and management, an asbestos material survey, asbestos inspection services, purchase of the Property, the demolition of dilapidated structures on the Property, and/or the removal of asbestos on such structures), and for other funds that already have been advanced by the City in connection with the same within sixty days prior to the date of this Resolution. ADOPTED and APPROVED this, the 18th day of December, 2017. /s/ Chris Seibert 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 18th day of December, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. A public hearing was held to hear comments concerning the proposed zoning approval for the sale of alcohol by Jay Raghu, Inc. The ad for this ran in the paper as 5:30pm. No one spoke in favor or against. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Cannon and second by Councilman Wales, duly and properly adjourned. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK