City Council

February 12, 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 February 12, 2018, at 5:00 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. Benjamin Knightn of Boy Scout Troop 240 joined Mayor Marks in leading the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Harold Wales 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 January 29, 2018 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 Travis and was unanimously carried. The Chairperson stated that the Minutes of the January 29, 2018 City Council Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. A public hearing was held concerning an unsafe structure at 915 5th Avenue. Bert Bradford, City Building Inspector, reported that the demolition and cleanup of the property is almost complete; however, he recommended the Council proceed with approval of the resolution as presented. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2018-1556 A RESOLUTION DETERMINING THAT A STRUCTURE AT 915 FIFTH AVENUE 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: 915 Fifth Avenue, Athens, Alabama PARCEL # 10-03-05-3-003-063.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: Lot Numbers 9 and 10 of Block J of the Maplewood Addition to the City of Athens, Alabama, according to a Plat thereof on record in the Office of the Judge of Probate of Limestone County, Alabama, in Plat Book A. (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) The interior walls or other vertical structure members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; (2) Exclusive of the foundation, the building shows thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non- supporting enclosing or outside walls or covering; (3) The building has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used; (4) 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; (5) 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; (6) 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; (7) The building has inadequate facilities for egress in case of fire or panic, or has insufficient stairways, elevators, fire escapes, or other means of ingress and egress to and from said building; (8) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (9) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (10) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (11) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (12) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; and  (13) 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 February 12, 2018 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 2. The appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. 3. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department may enter into such contract upon council approval. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. ADOPTED and APPROVED this, the 12th day of February, 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 12th day of February, 2018.  Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Wales 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 approve travel/education expenses for the following personnel from the Information Technology Department. Seth Siniard Mileage $ 59.40 January 1, 2018 – January 31, 2018 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, to approve travel/education expenses for the following personnel from the Recreation Department. Carrie Moss USSSA Winter State Softball Meeting $104.76 Fultondale, AL January 13, 2018 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2018-1557 WHEREAS, AT&T has requested to modify an existing telecommunications facility located at 204 Commercial Drive, Athens, AL to provide enhanced wireless services essentially within the corporate limits City of Athens; WHEREAS, AT&T has complied with City’s Ordinance No. 1999-1320 and has demonstrated the need for modification of this wireless facility to deliver consistently reliable services in the identified area, and; WHEREAS, both the City and AT&T customers in Athens will benefit from improved service; and; WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a Special Use Permit for modification of this facility located at 204 Commercial Drive, Athens, AL, which consists of a 300' ft. Self-Support tower; THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that AT&T is hereby granted a Special Use Permit to modify facilities at 204 Commercial Drive, Athens, AL. AT&T proposes to add one (1) WCS filter. No changes to the ground space are necessary. As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion: 1. Prior to the issuance of the Certificate of Occupancy or its equivalent, AT&T or the tower owner must remediate the following safety issue: One missing ground on the metal H-frame.  2. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously a possible, the facility must be built, activated and be providing service no later than one hundred eighty (180) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. AT&T may petition the City of an extension of this for good cause shown, but the decision whether or not to grant the extension shall exclusively be the prerogative of the City. 3. AT&T must provide contractor information with construction schedule to the City and to CMS prior to the issuance of the Building Permit. The contractor must notify the City’s consultant for all inspections. 4. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on- site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 5. AT&T shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit. 6. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. ADOPTED and APPROVED this, the 12th day of February, 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 The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to re-appoint Al Wassum to the Zoning Board of Adjustments for a three (3) year term, expiring February 9, 2021. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2018-1558 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE CONCERNING CERTAIN PUBLIC WAYS THAT ARE SHOWN ON THE PLAT MAP OF THE COLLEGE VIEW ADDITION TO ATHENS, ALABAMA, BUT ARE NOT PRESENTLY USED BY THE PUBLIC _______________________________________________ WHEREAS, this resolution relates to the following public ways:  (i) All that part of Hightower Avenue lying north of the northern boundary of Lot 10 of Block D and the northern boundary of Lot 9 of Block E, as shown on the Plat map of the College View Addition to Athens, Alabama, set forth in Plat Book A, Page 40 in the Office of the Judge of Probate of Limestone County, Alabama; (ii) Carroll Avenue, as shown on the Plat map of the College View Addition to Athens, Alabama, set forth in Plat Book A, Page 40 in the Office of the Judge of Probate of Limestone County, Alabama; (iii) Gilbert Street, as shown on the Plat map of the College View Addition to Athens, Alabama, set forth in Plat Book A, Page 40 in the Office of the Judge of Probate of Limestone County, Alabama; (iv) an unnamed alleyway running easterly and westerly between Carroll Avenue and Hightower Street, as shown on the Plat map of the College View Addition to Athens, Alabama, set forth in Plat Book A, Page 40 in the Office of the Judge of Probate of Limestone County, Alabama; and (v) any portion of that certain unnamed alley running northerly and southerly on the easternmost edge of Block C and Block E, but only to the extent that the same is not located within the public right of way of Sussex Drive, as shown on the Plat map of the College View Addition to Athens, Alabama, set forth in Plat Book A, Page 40 in the Office of the Judge of Probate of Limestone County, Alabama. (herein referred to as the “Public Ways”); WHEREAS, although the Public Ways are shown as streets and avenues on the map of the College View Addition to Athens, Alabama, set forth in Plat Book A, Page 40 in the Office of the Judge of Probate of Limestone County, Alabama, none of them are improved roadways that are presently being used by the public; WHEREAS, all of these Public Ways are located on the real property recently purchased by the City of Athens from Pilgrim’s Pride Corporation, Inc. or located in the immediate vicinity; WHEREAS, some or all of these Public Ways may have been previously vacated, since none of them are open to the public for travel, but the City has been unable to locate any records demonstrating such a vacation, and so the City intends to take up this matter for the sake of certainty; and WHEREAS, the City proposes to vacate the Public Ways pursuant to § 23-4-1, et seq. of the Code of Alabama. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on February 12, 2018 at 5:30 p.m. as follows: 1. A public hearing is hereby scheduled for March 26, 2018, at 5:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611, concerning what action shall be taken on the issue of the proposed vacation of the Public Ways. 2. The Mayor and the City Attorney shall cause notice of the proposed action, public hearing, and other relevant matters to be published, posted and served pursuant to § 23-4-2(a) of the Code of Alabama. ADOPTED and APPROVED this, the 12th day of February, 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 12th day of February, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk 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 following applicant for an “Off Premises Beer and Wine” alcohol license: The National Wild Turkey Federation, Inc. Dba: Limestone Longbeards Special Event Location: 114 West Pryor Street Athens, AL 35611 Date of Event: March 16, 2018 The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following resolution: Resolution to Allocate FY 2017 Capital Appropriation WHEREAS, on December 18, 2017, the City Council approved a FY 2017 budget amendment to appropriate $400,000 for capital expenditures, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate the FY 2017 appropriation of $400,000 as follows: Police Department $ 75,000 Fire Department 75,000 Street Department 75,000 Sanitation Department 75,000 Information Technology 50,000 Cemetery Parks and Recreation 50,000 Total Capital Expenditures $ 400,000 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2018-1559 BE IT RESOLVED by the City Council (herein called the "Council") of the City of Athens (herein called the "City") in the State of Alabama as follows: Section 1. Findings. The Council has ascertained and determined and hereby finds and declares as follows: (a) The City proposes to issue not less than $12,000,000 aggregate principal amount of its general obligation warrants (herein called the "Warrants") for the purpose, among other things, of paying the costs of acquiring, providing and constructing various capital improvements for use in connection with the City's public park and recreation facilities; (b) The City expects the Warrants will be issued by not later than July 1, 2018; (c) Prior to the issuance of the Warrants, the City expects to incur certain costs in connection with the said improvements and proposes to expend certain moneys in payment of such costs prior to the issuance of the Warrants; (d) The City expects to allocate to itself, from the proceeds of the Warrants, moneys to reimburse itself with the expenditures made prior to the issuance of the Warrants and it is expected that the maximum amount of such proceeds that will be allocated to reimburse the City will not exceed $1,000,000; and (e) Expenditures with respect to the construction costs will be paid by the City out of its general fund pending the issuance of the Warrants. Section 2. Declaration of Intent; Designation. The Council hereby designates the Mayor as the representative of the City to make any further declarations of official intent under the Internal Revenue Code of 1986, as amended, in connection with the said improvements. Any such further declaration of official intent shall be made available for public inspection and made a part of the official records and minutes of the Council. This declaration of intent by the City to reimburse said fund out of the said proceeds derived from the sale of the Warrants shall constitute a declaration of official intent under Section 1.103-18 of the regulations issued by the Internal Revenue Service under the Internal Revenue Code of 1986, as amended. This declaration of official intent shall be made available for public inspection (that is, a copy of it shall be posted on the City’s website) and shall be set out in the official minutes of the meeting of the Council at which it is adopted. ADOPTED and APPROVED this, the 12th day of February, 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 a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 12th day of February, 2018. Witness my hand and seal of office this_______ day of ________, 2018. __________________________________________ Annette Barnes, City Clerk 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, to authorize the Mayor to enter into a contract with Southeastern Recycling and Demolition in the amount of $499,000.00 to be funded from the contingency fund. The contract is for the Demolition and Removal of Industrial Buildings as identified by the contract for the Pilgrim’s Pride Facility. Councilmember Cannon 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 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 resolution 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 accept the bid of $37,503.86 from Gorrie Ragan for the purchase and installation of the Access Control Upgrade. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2018-2039 AN ORDINANCE REGARDING THE SALE OF THE CITY’S INTEREST IN REAL PROPERTY LOCATED AT 1308 TOMMY LANE WHEREAS, pursuant to a February 9, 2016 Judgment of the Limestone County Circuit Court in a condemnation action associated with law enforcement activity, CV No. 2014-900042, Robert and James Lindner’s interest in the following real property was declared contraband and forfeited in equal shares to the Limestone County District Attorney’s Office and the Athens Police Department for use in law enforcement activity: One house and lot located at 1308 Tommy Lane, Athens, Alabama, tax parcel #1003064001066,  more specifically described as: Lot 8 of Block 2 of Corum Subdivision as shown by map or plat of said subdivision and recorded in the office of the Judge of Probate of Limestone County, Alabama in the Plat Book “B”, page 50 (the “Property”); WHEREAS, there is a residential structure on the Property that was used in connection with the illegal storage and distribution of controlled substances; WHEREAS, as a result of the District Attorney’s condemnation action, the City has a 25% interest in the Property; WHEREAS, the Mayor, Public Works Department and the Chief of Police report that the Property is not needed by the City for any law enforcement or other public purpose; WHEREAS, the Limestone County District Attorney and Deanna Voelp, the other part owners with respect to the Property, have received an offer for the sale of the property to Chittam & Dunaway Properties, LLC for the sales price of $30,000; WHEREAS, the City, Voelp and the District Attorney believe that this offer is fair and reasonable; and WHEREAS, the City previously authorized the Property’s sale via Ordinance #2017-2019, but the prospective buyer was unwilling to proceed with the purchase. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on February 12, 2018 at 5:30 p.m., as follows: Section 1. The Mayor, on behalf of the City of Athens, is authorized to enter into a contract to transfer the City’s ownership interest in the Property to Chittam & Dunaway Properties, LLC, upon the following terms: (i) the sales price for the Property will be $30,000, (ii) after payment of $2,800 to the City to compensate it for filling in the swimming pool on the Property, the net proceeds of the sale will be divided between the owners of the property (the City, Deanna Voelp, and the Limestone County District Attorney) in accordance with their shares of ownership; (iii) the sale will be on an “as-is” basis; and (iv) such other and additional terms as the Mayor may prescribe, that are not inconsistent herewith. Section 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 Ordinance. ADOPTED and APPROVED this, the 12th day of February, 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 12th day of February, 2018. Witness my hand and seal of office this the ____ day of _________________, 2018. ___________________________________ Annette Barnes, City Clerk Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Harper 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. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Wales and second by Councilman Travis, duly and properly adjourned. /s/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK