City Council

January 22, 2018 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 January 22, 2018, at 3:30 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. Wayne Harper 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 18, 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 Travis and was unanimously carried. The Chairperson stated that the Minutes of the December 18, 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. A public hearing was held concerning a structure at 703 Westview Street as unsafe and a public nuisance. Bert Bradford, City Building Inspector, addressed the Council stating that the house is in an extremely deteriorated condition. However, he stated that he spoke with Mr. Khon Cosby, who now owns the property, immediately before the Council meeting and they agreed on a plan to allow Mr. Cosby time to address the issues with the property. Mr. Cosby has agreed to secure the outside of the house within 45 days and to complete the restoration of the house in compliance with City building codes within 6 months. Mr. Cosby then addressed the Council saying he had only recently moved to Athens and become aware of the situation with the property. He further stated that he intends to abide by the terms of the agreed-upon time table set forth by Mr. Bradford. Councilman Travis introduced the following resolution: RESOLUTION NUMBER _______________ A RESOLUTION DETERMINING THAT A STRUCTURE AT 703 WESTVIEW STREET IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, 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: 703 Westview Street, Athens, Alabama PARCEL # 10-03-08-2-002-091.000 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 and reviewed 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) 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; (2) 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; (3) 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; (4) 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; (5) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (6) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (7) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants;  (8) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (9) 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; (10) The building has a portion remaining on a site after the demolition or destruction of the same or is abandoned so as to constitute such building, structure, part of building or structure, party wall, or foundation as an attractive nuisance or hazard to the public; 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 § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama 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 January 22, 2018 at _____ 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 this the _____ day of ___________, 2018. ___________________________________________ CHRIS SEIBERT, CITY COUNCIL PRESIDENT  CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ____ day of _______, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper. Prior to the vote on the resolution, Councilman Cannon introduced a motion to table the resolution until the second meeting in March to allow Mr. Cosby time to secure the property and the Council an opportunity to receive a progress report from the City’s Building Department. Councilman Cannon’s resolution to table was seconded by Councilman Wales and carried unanimously. A public hearing was held to hear comments on the proposed zoning approval for the sale of alcohol by Yasmeen, Inc. dba: Mini Mart. No one spoke in favor of or opposition to. A public hearing was held to hear comments on the proposed zoning approval for the sale of alcohol by Spirit of Athens dba: Athens Main Street. No one spoke in favor of or opposition to. A public hearing was held concerning tax increment financing and the proposed establishment of Tax Increment Financing District 1. No one spoke in favor of or opposition to Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2018-1552 A RESOLUTION CONCERNING THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NUMBER 1 WHEREAS, the City Council of the City of Athens, Alabama is committed to the revitalization of blighted areas within the city limits, and recognizes the importance eliminating blight and fostering economic development; WHEREAS, the City Council desires to promote public health and the well-being of its citizens by revitalizing blighted areas, fostering economic development, and providing access to public parks and green space; WHEREAS, the blighted area at, near and adjacent to the former Pilgrim’s Pride facility is in need of major rehabilitation;  WHEREAS, the blighted condition of the same has had a negative impact on the economic development of areas in close proximity to it, areas that are otherwise suitable for redevelopment, including portions of the area as a public park and green space; 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, the City Council previously directed that the Mayor issue the legal notices and take other action required by law in order to enable the City Council to consider the establishment of a tax increment financing district; WHEREAS, the Mayor has issued such notices and conducted a meeting on January 17, 2018 with representatives of the deferred tax recipients in connection with the proposed tax increment financing district, whose governing bodies have been provided by mail with copies of the proposed project plan referenced herein; WHEREAS, at this meeting, the City Council’s January 22, 2018 regular meeting, the City Council has held a public hearing at which all interested persons were afforded a reasonable opportunity to express their views, and notice of such public hearing had been previously published twice in the Athens News Courier pursuant to law; and WHEREAS, in order to assist the City with financing the cost of the expenditures associated with the City’s purchase of that certain real property on Pryor Street that was the site of the former Pilgrim’s Pride Corporation industrial facility (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 create a tax increment financing district that will include the tax parcels that make up the Property, as well as nearby tax parcels. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS at its regular meeting on January 22, 2018, as follows:  1. The district that is referred to in the Tax Increment Financing District Number 1 Plan set forth in Exhibit A shall be known as the Tax Increment Financing District Number 1. 2. The Tax Increment Financing District Number 1 encompasses the area according to the map and boundary description set forth in Exhibit A hereto. 3. The Athens City Council hereby certifies that: a. Not less than 50 percent, by area, of the real property within Tax Increment Financing District Number 1 is a blighted area and is in need of rehabilitation or conservation work; b. The aggregate value of equalized taxable property in Tax Increment Financing District Number 1 plus all existing districts created by the public entity does not exceed 10 percent of the total value of equalized taxable property within the public entity; c. The Tax Increment Financing District Number 1 on the whole has not been subject to growth and development through investment by private enterprise and it is not reasonable to anticipate that the land in the district will be developed without the adoption of the project plan; d. No individuals, families, and/or businesses will be displaced by the project; e. The project plan conforms to the City of Athens’s master plan; and f. The project plan will afford maximum opportunity, consistent with the sound needs of the City, for the rehabilitation or redevelopment of the Tax Increment Financing District Number 1 by private enterprise. 4. The Athens City Council hereby adopts the Tax Increment Financing District Number 1 Plan set forth in Exhibit A hereto, and incorporates the contents of the same in this Resolution by reference. 5. The said Tax Increment Financing District Number 1 is established on February 1, 2018, the first day of the month immediately following the adoption of this resolution and it will endure for a period of twenty (20) years, unless it is dissolved sooner by this Council or by its successor. ADOPTED this the 22nd day of January, 2018. /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 22nd day of January, 2018. Witness my hand and seal of office this 22nd day of January, 2018. ____________________________________ Annette Barnes, City Clerk EXHIBIT A Tax Increment Financing District Number 1 Plan City of Athens, Alabama Tax Increment Financing District Number 1 Project Plan  INTRODUCTION There is a shuttered and dilapidated industrial facility located just northeast of downtown Athens, Alabama that was formerly occupied by Pilgrim’s Pride Corporation. It is located near Athens State University, the new site for Athens High School, and a residential neighborhood. The facility is also situated near various commercial and agricultural properties. The development and economic growth of the commercial and agricultural properties in this area has been stunted by the presence of the dilapidated industrial facility. Likewise, the property values of the entire residential area likely have been negatively impacted by the presence of the shuttered facility, whose presence as an industrial facility is now out of place in its present location. In order to promote health and wellness by providing access to public parks and to stimulate economic revitalization and encourage private investment in this underutilized area, this Plan is proposed by the City of Athens to redevelop the former Pilgrim’s Pride site, such that the existing dilapidated industrial facility will be demolished, public infrastructure (such as drainage, lighting, streets, sidewalks, and other improvements) will be added, a portion of the former Pilgrim’s Pride property will be used as a public park, and other portions will be made available for sale to private developers for beneficial residential and commercial construction. This Plan also includes the widening and improvement of Pryor Street at and near its intersection with Highway 31, so as to enhance and improve access to the area by modifying street improvements that otherwise substantially arrest the economic growth of the area. The rehabilitation and redevelopment of the former Pilgrim’s Pride site, and the improvement of related roadways, will remove blight and directly contribute to the economic development of the entire area. The financing of the cost for this Plan will be partially met by the implementation of Tax Increment Financing. Tax Increment Financing is a method of funding public investments in a specific area slated for redevelopment by recapturing all or a portion of the increased tax revenue that may result if the redevelopment stimulates private investment. As the private investments continue to increase the tax base within the specified area, the increased revenue is placed in a fund to be used for special projects within the redevelopment area. Pursuant to § 11-99-4 of the Code of Alabama, the Athens City Council will take up a resolution relating to the establishment of the Tax Increment Financing District Number 1 (referred to as “TIFD1” in this and accompanying documents). The tax increment to be captured by this resolution will be used to implement portions of these plans. Included in this document is a description of the planned improvements along with details concerning their location, costs, and method of financing. The timing of the costs and monetary obligation to be incurred are dependent on factors related to actual development of the projects contained herein and the possibility of a bond or warrant financing.  A map delineating the boundaries of the TIFD1 and depicting existing improvements on and conditions of the real property within the TIFD1 is included in this Plan. Also included is a detailed rendering showing the proposed improvements and uses. There are currently no proposed changes to ordinances or resolutions affecting the TIFD1, and no families or businesses will be displaced or relocated as a result of the plan. The City Council through the adoption of the resolution creating the TIFD1 would certify the following: a. That the proposed tax increment district on the whole has not been subject to growth and development through investment by private enterprise and it is not reasonable to anticipate that the land in the district will be developed without the adoption of the project plan. b. No individuals, families, or business will be displaced by the project and thus no method for relocation and compensation of displaced persons has been established. c. That the plan developed herein conforms to the master plan of the City. d. That the plan will afford maximum opportunity, consistent with the sound needs of the public entity as a whole, for the rehabilitation or redevelopment of the tax increment district by private enterprise. Upon approval of the TIFD1 by the City Council, the Mayor and City Clerk would be authorized and directed to open an account and to pay debts incurred by the TIFD1. In addition, the City would have the authority to issue and sell bonds or warrants as needed to finance the projects outlined in the project plan as well as any amended thereto. The costs of issuing the bonds or warrants and engaging professional services to do so could also be paid by the tax increment. Powers not specifically given to the City or its agents would be granted for the implementation of the TIF plan provided they are allowed by law. The demolition of existing unused buildings, installation of infrastructure and other improvements as contemplated by this Plan are expected to have the general impact of significantly increasing property values within the TIFD1, which will result in an increase in property tax revenues. The current total market value of the property in the District, according to the Limestone County Revenue Commissioner is approximately $4,137,000.00, with approximately $3,588,000 of that value being attributable to the portions of the TIFD1 that are not on the former Pilgrim’s Pride campus. That $3,587,500 value is reasonably expected to increase by at least 33% over the next two (2) years if the Plan is carried out, resulting in a commensurate increase in taxes, as some portions of that land held by the Athens City Board of Education would be reasonably expected to be sold for private development. The remaining $549,500 value attributable to the former Pilgrim’s Pride property is also expected to similarly increase in value, although the City expects to retain a large portion of that property for a public recreational area as described above. BOUNDARY DESCRIPTION The TIFD1 boundaries include the former Pilgrim’s Price industrial facility, undeveloped agricultural property to the east, as well as a few commercial properties (some of which are presently unoccupied) and former residential properties along Pryor Street. The TIFD1 is generally bounded by East Pryor Street to the south, and US Highway 31 to the east. The portion of the TIFD1 lying east of Sussex Drive will consist of mostly undeveloped or unoccupied commercial/residential property owned by the Athens City Board of Education. This portion lies directly east of the Pilgrim’s Pride property. The western portion of the district, lying west of Sussex Drive, consists mostly of the former Pilgrim’s Pride facility. A depiction of the TIFD1 is shown in the Maps section of this Plan. The following tax parcels will be included in the TIFD1: Tax Parcel Number A 10-02-04-3-000-049.000 B 10-02-04-3-000-048.001 C 10-02-04-3-000-048.000 D 10-02-04-3-000-047.000 E 10-02-04-3-000-001.002 F 10-02-04-3-000-001.001 G 10-02-04-4-000-003.001 H 10-02-04-4-000-004.000 I 10-02-04-3-000-094.000 J 10-02-04-4-000-022.000 K 10-02-04-4-000-002.000 L 10-02-04-4-000-016.000 M 10-02-04-4-000-015.000 N 10-02-04-4-000-003.000 O 10-02-04-3-000-099.000 P 10-02-04-3-000-100.000  PROJECT PLAN Kind, Number, and Location of Proposed Works Acquisition and Destruction of Blighted Properties The former Pilgrim’s Pride processing plant industrial campus is a blighted area containing a number of deteriorating structures and improvements. The City is in the process of acquiring the real property owned by Pilgrim’s Pride for a price of $550,000.00. The City expects to raze and demolish all of the deteriorating structures and improvements located on the former Pilgrim’s Pride property, including the removal of foundations and various deteriorating asphalt and concrete pads, and has engaged in a competitive bid process to that end. The City expects to completely remove these structures (except for a few small areas with serviceable improvements) and sow grass in the area. The demolition of the structures is estimated to cost approximately $499,000.00. The related removal of asbestos from those structures prior to the demolition is expected to cost approximately $87,500, plus $28,300 in related asbestos management, survey and inspection services. Construction of Public Improvements Once the former Pilgrim’s Pride property is completely cleared, the City will consider the creation of green space and recreational areas, transforming a large part of the property into a public park. This Plan envisions a large, open concept park space for the property as being its highest and best use. Open and flexible park space is one thing missing from the City’s current recreation facility inventory. This location is ideal for such a space. This Plan envisions a large open space bisected by the stream, with sidewalks traversing the park in a well-designed fashion, surrounding grass meadows that can be used for a variety of purposes, including sports, kite flying, and musical gatherings. In addition to this being a park, the Plan envisions the area serving as a catalyst for economic development on undeveloped land and existing neighborhoods around its periphery. This will involve building streets, sidewalks, parking areas, lighting improvements, utility improvements (electrical, water, gas, and sewer) drainage improvements, and landscape improvements. Use of Former Pilgrim’s Pride Property  As described above, a large portion of the former Pilgrim’s Pride property would be used for the green space and public park. Other portions of the former industrial property, with access to the above-described improvements, would then be made available for sale for appropriate residential and commercial development. This would involve rezoning portions of the property from its current designation of a Traditional Institutional district to a Traditional Neighborhood 3 district (or to such other district that accommodates mixed-use buildings). Overall, the existing structures to be acquired and redeveloped are located at the former Pilgrim’s Pride processing plant and adjacent area which is a substantial part of the TIFD1. Additionally, undeveloped property and other blighted commercial property will be included in the TIFD1, and may be improved by providing drainage, access roads, streets, sidewalks, and lighting. The improvement of the former Pilgrim’s Pride property is expected to contribute to the growth and vitality of all of the TIFD1 area. A conceptual depiction of the former Pilgrim’s Pride area once these improvements are realized, and private enterprise acquires and develops some of the areas of the property made available for sale, is shown in the Maps section of this plan. Pryor Street Improvements In order to improve access to the entire TIFD1 area, as well as to serve increased traffic flow related to the nearby construction of the new Athens High School, the Plan contemplates that Pryor Street’s intersection with Highway 31 will be widened and improved. This work will involve widening the roadway from its intersection with Highway 31 westward, which will allow for the extension of the turn lanes from Pryor Street onto the highway, and providing a better access with Dexter Street. A depiction of these improvements is shown in the Map section of this Plan. Estimated Project Costs Purchase of Pilgrim’s Pride Property The City will purchase the plant from Pilgrim’s Pride Corporation for $550,000.00, which amount is soon to be or has already been expended from the City’s General Fund. This outlay is expected to be fully or partially reimbursed to the General Fund from the tax increment financing. Demolition Costs The City Council has opened bids for the demolition of the Pilgrim’s Pride facilities, and expects that the costs of demolition will be approximately $499,000.00. Additional demolition costs related to the asbestos removal are expected to be $115,800.00. Development Costs Construction costs related to the green space and recreational areas (including streets, sidewalks, parking areas, lighting improvements, utility improvements, drainage improvements, and landscape improvements) are expected by the City’s Public Works Department to be approximately $1,500,000.00. (The particular details of any such construction and the expenses involved must all be taken up, considered, and approved by the City Council.) Pryor Street Improvements Construction costs attributable to the City of Athens related to the improvements on and along Pryor Street are expected to total $250,000.00 and are based on estimates from construction engineers. Method of Financing Tax Increment Financing The costs of the proposed improvements will be met from income generated within the TIFD1 Fund and from Tax Increment Obligations to be issued by the City. Additional revenue may be provided for the TIFD1 Fund from other public and private sources to include, but not limited to, the general fund of the City of Athens, Community Development Block Grant Funds, private foundation funds, and State appropriations. The funds generated from the various sources may be used on a pay-as-you-go basis, or, if market conditions permit, bonds may be issued to be paid from the anticipated income of the TIFD1 Fund. The costs and monetary obligations discussed above will be incurred commencing in late 2017 and extending throughout 2018 and beyond, until the completion of the project. Maps TIFD1 BOUNDARY The TIFD1 will consist of the tax parcels outlined in red. This map depicts the existing structures located within the district. The Pilgrim’s Pride plant is the cluster of buildings located on the western portion of the TIFD1. Proposed Improvements This conceptual drawing depicts the former Pilgrim’s Pride site after its rehabilitation, public park improvements, and private investment in the surrounding area. This conceptual drawing shows the improvements to Pryor Street at and near its intersection with Highway 31.  CONCLUSION This plan is written and adopted to conform with § 11-99-1, et. seq. of the Code of Alabama. Any portion in conflict with this or any other statute shall not affect the part which remains valid but shall be considered severable. The motion was seconded by Councilman Harper and was unanimously carried. D.W. Daws, 1721 Brownsferry Road, Athens, addressed the Council concerning the ongoing issue with beavers building dams along Brownsferry Road and requested the City make an effort to thoroughly clean out the ditches. Marie McLin, 1703 Brookmeade Ave., Athens, addressed the Council regarding the existence of a leash law in the City of Athens. She stated that she and her husband have been chased by dogs running loose in her neighborhood. Dr. Janice Thornton-Manning, 133 Mildred Way, Madison, spoke in support of the Council adopting an anti- tethering ordinance. She provided statistics supporting the theory that chained dogs are more likely to bite and cause harm to adults and children. Suzanne Carter, 908 West Sanderfer Road, Athens, also addressed the Council in support of an anti-tethering ordinance. She also provided photographs of and information regarding animals in the city limits living without adequate shelter and in unsanitary living conditions. She also voiced support for an animal licensing program which could provide revenues for enforcement of ordinances protecting these animals. Jim Tompkins, 521 East Street, Athens, also voiced his support for the adoption and enforcement of City ordinances which could help address the issue of animals living in such horrific conditions. Ralph, Diggins, 100 Willow Street, Athens, addressed the Council regarding coordination of efforts among the leaders of the City of Athens, Huntsville, Madison and Limestone County concerning economic growth and development. He provided the Council members with a handout of his suggestions for achieving better coordination and communication. Donna Partlow, 17479 Shaw Road, Athens, spoke in opposition to the proposed electric rate change, citing the difficulty many lower income people currently have paying power bills. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a, “Retail Off Premises Beer and Wine” alcohol license. Jay Raghu, Inc. dba Athens Food Mart 1100 Highway 72, East Athens, AL 35611 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 set a public hearing for the regular meeting of February 26, 2018 to review the request from Nathan and Stephanie Metzger to rezone 19.189 acres located at 23154 Nick Davis Road from an R-1-1 Single Family Low Density Residential District to an EST Estate Residential and Agricultural District. The motion was seconded by Councilman Wales and was approved as follows: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper: NAYS: None. The President thereupon announced that the motion for the adoption of the said Resolution had been unanimously carried. At the August 28, 2017 regular meeting of the Athens City Council, the following resolution had been laid on the table by the council. The council has subsequently laid the resolution on the table on multiple occasions, and was last tabled until this meeting. RESOLUTION NUMBER ____________ A RESOLUTION DECLARING A PUBLIC NUISANCE AT MAXIE ALLEN STREET AND ORDERING ITS ABATEMENT _______________________________________________ WHEREAS, the City of Athens is authorized by state law, including but not limited to § 11-67-60, et seq. and §11-47-117 of the Code of Alabama, to abate nuisances within the City, such as an abundance of weeds and vegetation that is injurious to the general public health, safety, and general welfare; WHEREAS, it has been brought to the attention of this City Council that weeds and vegetation located on certain property are injurious to the general public health, safety, and general welfare; WHEREAS, on June 26, 2017, this City Council adopted a resolution calling for a public hearing regarding this matter on August 28, 2017; WHEREAS, prior to the public hearing, the City caused notice of these proceedings to be issued (i) by certified mail to the owner of the property as the information appears on record in the office the Limestone County Revenue Commissioner; (ii) by publication in the Athens News Courier; and (iii) by posting two large signs at the property; WHEREAS, at the public hearing, this City Council received evidence concerning the conditions on the real property described herein; and WHEREAS, based upon such evidence, this City Council concludes that the condition of the real property 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; attaining heights and dryness that constitute a serious fire threat and/or hazard; bearing wingy or downy seeds, when mature, that cause the spread of weeds and, when breathed, irritation to the throat, lungs, and eyes of the public; or hiding debris, such as broken glass or metal, that could inflict injury on a person going upon the property; being unsightly; and/or a growth of grass of weeds, other than ornamental plant growth, that exceeds 12 inches in height.  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 22, 2018, at _____ p.m., as follows: 1. This resolution concerns certain real property located 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 A map generally depicting the property is shown at Exhibit A hereto. 2. The weeds and vegetation on this property are hereby declared to be public nuisances subject to abatement by the City. The mature trees located on this property are expressly not included within this definition and are not declared to be nuisances. 3. It is hereby ordered that such offending conditions to be removed and abated. The Mayor is hereby authorized to cause municipal agents to enter upon said property to abate the nuisance. An account shall be kept of the cost of abating and removing the nuisance and a written account thereof shall be presented to the City Council for confirmation and further action. ADOPTED this the ____ day of ___________, 2018. ___________________________________________ CHRIS SEIBERT, CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ____ day of _______, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk  EXHIBIT A President Seibert declared that the foregoing Resolution was in order to be taken up by the City Council Councilman Harper, who had originally proposed the resolution at the August 28th meeting, requested that the resolution be withdrawn. There was no opposition to his request to withdraw, and so President Seibert ordered that the resolution was withdrawn. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the attached retail rate adjustment for the City of Athens Electric Department to become effective for bills rendered from meter readings taken on or after April 1, 2018 pending TVA approval.  ATHENS ELECTRIC DEPARTMENT RETAIL ELECTRICITY RATE ADJUSTMENT Effective For Meters Read On or After April 1, 2018 (Pending TVA Approval) Residential Customer Add $2.21 All kWh Reduce -$0.00013 GSA-1 Low Customer Add $1.26 All kWh Reduce -$0.00215 GSA-1 High Customer Add $8.00 All kWh Reduce -$0.00215 GSA-2 Customer Add $32.50 1st 15,000 kWh Reduce -$0.00342 Additional kWh Reduce -$0.00204 kW, 0-50 Add $2.00 GSA-3 Customer Add $75.00 1st 15,000 kWh Add $0.00127 TGSA1 Customer Add $8.00 TGAS2 Customer Add $32.50 TGSA3 Customer Add $75.00 Outdoor All kWh Add $0.00102 Lighting The motion was seconded by Councilman Harper and was unanimously carried. Councilman Travis introduced the following ordinance: ORDINANCE NUMBER 2018-2035 AN ORDINANCE EXTENDING A NONEXLCUSIVE FRANCHISE TO CHARTER COMMUNICATIONS CONCERNING A CABLE TELEVISION SYSTEM WHEREAS, Falcon First Cable of the Southeast, Inc. (l/k/a Charter Communications) (referred to herein as “Charter”) has a non-exclusive franchise to operate a cable system in the City, the original terms of which are found in Ordinance No. 88-1030;  WHEREAS, the franchise found at Ordinance No. 88-1030 was assigned/extended to Charter and has been continuously extended by the City Council and Charter; WHEREAS, the franchise was last extended by Ordinance No. 2017-2012; WHEREAS, the City and Charter desire to extend the franchise for another year; WHEREAS, Charter is agreeable to such extension pursuant to the same terms as set forth in Ordinance No. 88-1030; WHEREAS, the parties continue to reserve all rights under the formal procedures of Section 626 of the Cable Act and do not waive any rights related thereto; WHEREAS, the public has been afforded adequate notice and opportunity for comment; and WHEREAS, the City Council intends that the franchise will be extended as set forth herein. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on Monday, January 22, 2018, at 4:30 p.m., as follows: 1. The City hereby extends its grant of a nonexclusive franchise to occupy or use the Public Ways to provide Cable Service to all Persons located in the Service Area to Charter under the same definitions, terms, and conditions as set forth in Ordinance No. 88-1030, and any amendments thereto, until March 1, 2019, unless sooner terminated in accordance with the terms thereof. 2. This Ordinance is conditioned upon Charter filing with the City its unconditional acceptance of the Franchise and agreement to comply with and abide by all the provisions, terms, and conditions set forth herein and in Ordinance No. 88-1030, and any amendments and extensions thereto, in a form acceptable to the City. ADOPTED and APPROVED this, the 22nd day of January, 2018. /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 22nd day of January, 2018. Witness my hand and seal of office this the 22nd day of January, 2018. ___________________________________ Annette Barnes, City Clerk Councilmember Cannon 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 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 ordinance had been unanimously carried. Councilman Travis introduced the following ordinance: ORDINANCE NUMBER 2018-2036 AN ORDINANCE RENEWING A NONEXLCUSIVE FRANCHISE TO KNOLOGY, INC. CONCERNING A CABLE TELEVISION SYSTEM _____________________________________________________________________ WHEREAS, Knology, Inc. (“Knology”) has a non-exclusive franchise to operate a cable system in the City, initially granted to Private Cable, Inc. by Ordinance 94-1180; WHEREAS, the initial franchise has been subsequently transferred and assigned, such that Knology now holds that franchise; WHEREAS, the City Council desires to extend that certain non-exclusive franchise initially granted by Ordinance No. 94-1180; WHEREAS, the franchise was last extended by Ordinance No. 2017-2013, such that it would be extended through March 1, 2018; WHEREAS, the City and Knology desire to extend the franchise for another year; WHEREAS, Knology is agreeable to such extension pursuant to the same terms as set forth in Ordinance No. 94-1180, as amended by Ordinance No. 2012-1847; WHEREAS, the public has been afforded adequate notice and opportunity for comment; and WHEREAS, the City Council intends that the franchise will be extended as set forth herein.  THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on Monday, January 22, 2017, at 4:30 p.m., as follows: 1. The City hereby extends its grant of a nonexclusive franchise to occupy or use the Public ways to provide Cable Service to all Persons located in the Service Area to Knology under the same definitions, terms, and conditions as set forth in Ordinance No. 94-1180, and any amendments thereto, until March 1, 2019, unless sooner terminated in accordance with the terms thereof. 2. This Ordinance is conditioned upon Knology filing with the City its unconditional acceptance of the Franchise and agreement to comply with and abide by all the provisions, terms, and conditions set forth herein and in Ordinance No. 94-1180, and any amendments thereto, in a form acceptable to the City. ADOPTED and APPROVED this, the 22ND day of January, 2018. /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 22nd day of January, 2018. Witness my hand and seal of office this the 22nd day of January, 2018. ___________________________________ Annette Barnes, City Clerk Councilmember Cannon 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 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 ordinance had been unanimously carried. Councilman Harper introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to rename Dexter Street. WHEREAS, a street running north off of Pryor Street East and leading to the construction of Athens High School, located in the East Half of Section 4, Township 3 South, Range 4 West. WHEREAS, this street will terminate at the property line of the future Athens High School; therefore, the Athens City School Board and Administration is requesting the street name to be Golden Eagle Drive in honor of the school mascot. WHEREAS, the City has conducted an extensive and good faith review of its records and other public records and has no indication that Dexter Street was named or dedicated in honor of any event, person, group, movement, or military service. THEREFORE, the street known as DEXTER STREET shall be renamed to GOLDEN EAGLE DRIVE. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2018-2037 AN ORDINANCE CONCERNING THE DEDICATION AND ACCEPTANCE OF CERTAIN REAL PROPERTY AS A PUBLIC WAY ALONG AND FOR THE PURPOSE OF WIDENING FORREST STREET _____________________________________________________________________ WHEREAS, the City of Athens, Alabama (the “City”) is the owner of certain real property located in Limestone County, Alabama, lying adjacent to the northern boundary of Forrest Street, and described as follows: WHEREAS, the City is the owner of certain other real property located in Limestone County, Alabama, lying adjacent to the southern boundary of Forrest Street, and described as follows:  WHEREAS, both of the above-described tracts of real property are referred to herein as the “Property”; WHEREAS, the City desires to unequivocally dedicate the Property to the use of the public as a public street/roadway, and for accompanying public uses (such as public utility lines/facilities); WHEREAS, the Property will be used as a part of the project to widen Forrest Street; WHEREAS, the City wishes to accept its dedication of the Property to the use of the public as a street/roadway, and for accompanying public uses (such as public utility lines/facilities). THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on Monday, January 22, 2018, at 5:30 p.m., that the Property is hereby dedicated and accepted to the use of the public as a street/roadway, and accompanying public uses, and the Mayor and/or City Clerk are authorized to execute such documents as may be required in connection with the recognition of such acceptance by the City. ADOPTED and APPROVED this, the 22nd day of January, 2018. /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 22nd day of January, 2018. Witness my hand and seal of office this the 22nd day of January, 2018. ___________________________________ 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 Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Cannon 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 Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, AL, to authorize the Mayor to enter into an agreement with Morell Engineering for the Preliminary Engineering Services for ALDOT Project No. TAPAA-TA17(911). The scope of the project is the Construction of sidewalks along Pryor Street from west of Sussex Drive to US Highway 31, along US 31 from Hobbs Street to the northern border of the new Athens High School site. The project budget for the preliminary services is $42,500. The project will be funded from the Capital Projects Fund. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION Be it resolved by the City Council of the City of Athens, Alabama, the Council authorizes the Mayor’s Office to apply for an Assistance to Firefighters Grant to purchase APCO P-25 700 MHz compliant portable radios, mobile radios, and equipment to be used to communicate with emergency responders in Athens and Limestone County, neighboring counties, and other public safety agencies in the State of Alabama. This will bring Athens Fire and Rescue toward compliance with the FCC’s mandate and with the State of Alabama’s Strategic Communications Interoperability Plan (SCIP). If awarded the grant, the AFG program would fund 90 percent of the estimated cost: $234,767.52 with the city’s match being 10 percent. Grant portion: $211,290.77 City portion: $23,476.75 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Cannon introduced the following resolution:  RESOLUTION WHEREAS, the City seeks to enter into a contract to acquire a camera system and installation of same for the Athens Police Department Building; and WHEREAS, this contract was let by the taking of informal bids and without public advertisement because, as acknowledged by the Alabama Law Enforcement Agency (acting on behalf of the Alabama Homeland Security Department), the contract will have a direct impact on the security or safety of persons or facilities and will require confidential handling for the protection of such persons or facilities; and WHEREAS, after receiving and reviewing the informal bids (which shall remain confidential due to the above), the City determines that the lowest and responsive bidder is Gorrie Ragan at a cost of $61,995.30; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the bid of $61,995.30 from Gorrie Ragan for the purchase and installation of the police camera system. This purchase will be funded from the existing information technology capital account. The motion was seconded by Councilman Wales and was unanimously carried. * * * 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/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK