City Council

June 25, 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 June 25, 2018, at 5:30 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 Marks led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert 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 June 11, 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 June 11, 2018 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 Travis and was unanimously carried. Mayor Marks recognized the employees of the City’s sanitation department and read a proclamation declaring June 17th as National Garbage Man Day for the City of Athens. Mayor Marks thanked the employees for their service and the excellent jobs they do each day. A public hearing was held concerning the rezoning of property for David Gregory at 121 North Jefferson Street from an HN, Historical Neighborhood District, to a DWTN, Downtown District. James Rich, Director of Public Works, reported that the City Planning Commission recommends approval of the rezoning request. No one spoke in favor of or against. The public hearing was closed. Councilman Wales introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR DAVID GREGORY FROM AN HN HISTORICAL NEIGHBORHOOD DISTRICT TO A DWTN DOWNTOWN DISTRICT. PROPERTY CONSISTS OF +/- 0.73 ACRES LOCATED AT 121 NORTH JEFFERSON STREET WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2018-2050 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from an HN Historical Neighborhood District to the DWTN Downtown District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “DWTN Downtown District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “DWTN Downtown District” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract or parcel of land in the northeast corner of Block Number 20, according to the 1914 map of the City of Athens on file in the Office of the Judge of Probate of Limestone County, Alabama, in Plat Book “A”, Page 15, particularly described as beginning at the northeast corner of said Block Number 20 and run thence West along the south margin of Hobbs Street 180 feet, more or less, to a point which is 90 feet east of the Northwest corner of said Block Number 20; thence South, parallel with the east boundary of said Block Number 20 for a distance of 180.0 feet to a point; thence run East and parallel with the north boundary of said Block Number 20 for a distance of 45.0 feet to a point; thence run South and parallel with the east boundary of said Block Number 20 for a distance of 10.3 feet to a point; thence run East and parallel with the north boundary of said Block Number 20 for a distance of 45.0 feet to a point; thence run North and parallel with the east boundary of said Block Number 20 for a distance of 25.0 feet to a point; thence run East and parallel with the north boundary of said Block Number 20 for a distance of 90.0 feet to the east boundary of said Block Number 20, and on the west margin of Jefferson Street; thence run North along the east boundary of said Block Number 20 for a distance of 164.5 feet to the true point of beginning. ADOPTED this the 25th day of June, 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 25th day of June, 2018. Witness my hand and seal of office this the 25th day of June, 2018. /s/ Annette Barnes 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 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 Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Scott Marshall, 23349 Piney Creek Drive, Athens, addressed the Council concerning the issue of tractor trailers and other large trucks traveling through the downtown area. He state that an effort should be made to redirect these trucks and suggested putting delivery only signs in the downtown area. Ellen Scherff, 1306 Woodside Drive, Athens, addressed the Council with her concerns about drainage issues in her neighborhood. She stated that there is a continuous problem with standing water and she is concerned about the health and safety of the residents due to snakes, mosquitos, and other risks associated with standing water. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel: Wayne Harper ANGA Conference $ 317.70 Miramar Beach, FL June 2, 2018 - June 6, 2018 Chris Seibert ANGA Conference $ 362.55 Miramar Beach, FL June 2, 2018 - June 6, 2018 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 travel/education expenses for the following personnel from the Information Technology Department. Seth Siniard Mileage $ 178.20 March 1, 2018 – May 31, 2018 Lisa LaGrone Mileage $ 189.00 March 1, 2018 – May 31, 2018 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 travel/education expenses for the following Gas Department personnel. Mason Matthews ANGA Annual Conference $386.95 Destin, FL June 6-9, 2018 Frank Travis ANGA Annual Conference $400.82 Destin, FL June 6-9, 2018 Harold Wales ANGA Annual Conference $470.47 Destin, FL June 6-9, 2018 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 travel expenses for the following Electric Department personnel. James Gray $857.28 Milsoft User Conference – Amelia Island, FL 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, AL to approve the purchase of a knuckleboom truck for the Sanitation Department at a cost not to exceed $149,230. The purchase will be made through the City’s membership in the National Joint Powers Alliance and will be funded through a general fund budget amendment to line item 100.527.90112, Transfers Out, Capital Expenditure Fund. Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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 Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the FY 2019 Electric Department Budget as follows: PROPOSED FY 2019 ELECTRIC DEPT. BUDGET REVENUES: Metered Electric Sales $ 113,575,307 Miscellaneous Revenue $ 2,500,000 Aid to Construction $ 2,700,000 TOTAL OPERATING REVENUE $ 118,775,307 EXPENSES: Employee Expense – Salaries and Benefits $ 7,636,592 Purchased Power $ 94,504,063 System Operation and Maintenance Expenses $ 2,569,500 Customer Service Expense $ 2,059,973 Uncollectable Account Expenses $ 150,000 Administrative and General Expenses $ 1,331,173 Vehicle & Equipment Operation and Maintenance $ 420,000 Tax Equivalent Payments $ 2,537,370 Debt Service Expenses $ 3,396,665 General Fund Salaries & Expenses $ 152,400 Construction in Progress $ 2,500,000 Transformers $ 560,000 Meters $ 100,000 TOTAL OPERATING EXPENSES $ 117,917,736 NET OPERATING BUDGET $ 857,571 DRAW FROM RESERVES $ 500,000 CAPITAL EXPENDITURES Vehicles $ 344,000 Fiber to Substations $ 60,000 Building Improvements (From Reserve) $ 25,000 Miscellaneous Tools and Equipment $ 100,000 Automatic Meter Reading Equipment $ 20,000 Continue Upgrade of Substations (From Reserve) $ 300,000 Regulator/Capacitor Controls $ 40,000 Subst & Spare Voltage Regulators (From Reserve) $ 75,000 Pole Top Reclosers $ 40,000 SCADA System Maint. and SCADA radios $ 40,000 Computer Hardware and Software $ 20,000 OMS and Mapping $ 15,000 SCADA Substation Upgrade (From Reserve) $ 100,000 Office Equipment $ 25,000 Substation Maintenance Equipment $ 5,000 Substation and Industrial Metering $ 6,000 Traffic Light Modernization $ 15,000 Substation Improvements $ 10,000 Security System (Cameras) $ 50,000 TOTAL CAPITAL EXPENDITURES $ 1,290,000 TOTAL NET BUDGET $ 67,571 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize Brian Daniel, Superintendent, City of Athens Water Treatment Plant, full signatory authority for all environmental matters pertaining to the water treatment plant. 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 reorganize the City Clerk/Treasurer Department in accordance with the attached organizational chart, which includes the following, which includes the following 21 positions:  City Clerk/Treasurer  Director of Finance  Customer Service Manager (One-Stop Shop)  Accounting Supervisor  Purchasing Supervisor  Warehouse Supervisor  Warehouse Clerk  Plant Accountant  Cash Management/Finance Clerk (2)  Cost Accountant/Payroll Clerk  Operations Supervisor  Accountant/Revenue Officer  Accounting /License Clerk  Accounting/Payroll Clerk  Municipal Court Clerk Administrator  Municipal Court Clerk/Magistrates (2)  Van Driver/Senior Center (2)  Part-time Van Driver The motion was seconded by Councilman Cannon 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 adopt the following job description for the City Clerk/Treasurer’s Office:  Accounting/License Clerk, Grade 8, Job description dated 6/05/2018 The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2018-2051 BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified and unclassified employees is hereby amended as follows, effective: 6/25/2018 Add the following job title to the list of classified positions for the City Clerk/Treasurer Department: 1) Accounting /License Clerk, Grade 8 ADOPTED and APPROVED this, the 25th day of June, 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, Alabama on the 25TH day of June, 2018. Witness my hand and seal of office this the 25th day of June, 2018. /s/ 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 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Electric Department Manager, contingent upon final FY 19 budget approval, to award contracts for FY 2019 Line Clearance and Tree Maintenance as follows: Lewis Tree Service, Inc. Total for all circuits: $219,525.67 1. Athens District 274: $219,525.67 Trees, LLC. Total for all circuits: $1,070,029.56 1. Athens Primary 244: $215,495.78 2. Athens Primary 254: $178,501.62 3. Elkmont 214: $196,391.08 4. Mount Roszelle 284: $258,116.44 5. Mount Roxzelle 314: $221,525.64 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 reappoint Will Harbin to the Athens Historic Commission for another three (3) year term, expiring June 25, 2021. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2018-1582 WHEREAS, The Alabama Department of Transportation (“ALDOT”) has requested the City of Athens, Alabama to execute a permit (agreement) for the following items: 1) modification, operation, and maintenance of the existing traffic signals at U.S. Highway 31 at Hobbs Street; U.S. Highway 31 at State Road 251/Pryor Street; and U.S. Highway 31 at State Road 99 (Elm Street)/Athens Sportsplex; 2) installation of a new traffic signal at the U.S. Highway 31 at Athens High School/Athens Bible School intersection; 3) removal of an overhead school flasher on U.S. Highway 31 southbound, south of State Road 251/Pryor Street; and 4) installation of new side mount solar powered school flashers on U.S. Highway 31 at three locations, a) U.S. Highway 31 southbound, south of State Road 251/Pryor Street; b) U.S. Highway 31 northbound, north of State Road 251/Pryor Street, and c) U.S. Highway 31 southbound, north of Oakview Apartments, and WHEREAS, The City Council has considered the request of the ALDOT to authorize the Mayor to enter into an agreement to permit the modification of the three existing traffic signals, installation of the new signal, removal of the existing overhead school flasher, and installation of three new side mount solar powered school flashers as identified hereinabove. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama, at a regular meeting, duly assembled, a quorum being present, as follows: 1. That the Mayor and City Clerk are hereby authorized to execute the permit (Exhibit A) with the Alabama Department of Transportation to permit the following: a. The modification, operation, and maintenance of the existing traffic signals at U.S. Highway 31 at Hobbs Street; U.S. Highway 31 at State Road 251/Pryor Street; and U.S. Highway 31 at State Road 99 (Elm Street)/Athens Sportsplex; b. Installation of a new traffic signal at the U.S. Highway 31 at the Athens High School/Athens Bible School intersection; c. Operation and maintenance of a new traffic signal at the U.S. Highway 31 at the Athens High School/Athens Bible School intersection; d. Removal of an overhead school flasher on U.S. Highway 31 southbound, south of State Road 251/Pryor Street; e. Installation of new side mount solar powered school flashers on U.S. Highway 31 at three locations, a) U.S. Highway 31 southbound, south of State Road 251/Pryor Street; b) U.S. Highway 31 northbound, north of State Road 251/Pryor Street, and c) U.S. Highway 31 southbound, north of Oakview Apartments; and f. Operation and maintenance of new side mount solar powered school flashers on U.S. Highway 31 at three locations, a) U.S. Highway 31 southbound, south of State Road  251/Pryor Street; b) U.S. Highway 31 northbound, north of State Road 251/Pryor Street, and c) U.S. Highway 31 southbound, north of Oakview Apartments. 2. That the Mayor and City Clerk are authorized to execute any documents necessary to permit the construction of the modifications to the existing traffic signals and installation of the new signal provided herein above as required by the Alabama Department of Transportation. 3. That this resolution shall become effective immediately upon its adoption by the City Council of the City of Athens, Alabama. ADOPTED and APPROVED this, the 25th day of June, 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 25th day of June, 2018. Witness my hand and seal of office this 25th day of June, 2018. /s/ Annette Barnes City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NO. 2018-1583 A RESOLUTION CONCERNING AN APPLICATION FOR A SPECIAL EVENT RETAIL LICENSE AND THE RELATED USE OF PUBLIC WAYS _______________________________________________ WHEREAS, Athens Arts League (the “Applicant”) seeks approval of a special events retail license concerning a festival event, entertainment event, or other recreational event where members of the general public are invited (the “Festival”), and the Applicant further seeks permission to use a portion of a sidewalk, street or public way in connection with that license;  WHEREAS, the Festival has been authorized by a special event permit issued by the Chief of Police pursuant to § 54-31 through 54-71 of the Code of Ordinances of the City of Athens, Alabama; and WHEREAS, the City Council finds and concludes that the Applicant’s application satisfies the Athens Alcoholic Beverage Ordinance, and that the City will approve the application on the terms stated below. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on June 25, 2018 at 5:30 p.m., as follows: 1. Pursuant to § 6-71 and § 6-82, the City Council gives its consent and approval for the Applicant to obtain a special events retail license from the Alabama Alcoholic Beverage Control Board (the “ABC”), with respect to the following location and date: July 13, 2018, from 6PM to 9PM. 2. Pursuant to § 6-47, the City Council further authorizes Athens Arts League to use the following- described portions of the public sidewalk, street, or public way in connection with a special events retail license issued by the ABC for the above-described location and date, upon the following conditions: a. The Applicant shall provide adequate security, meeting with the approval of the Police Chief (or his designee) given the size, scope, and expected attendance of the Event, during the time that alcoholic beverages are sold pursuant to the license; b. The area licensed for the sale of alcoholic beverages is surrounded by a non-permanent barrier or fencing clearly delineating the borders of the licensed area during the time that alcoholic beverages are sold pursuant to the license (where not bordered by permanent improvements), but such barrier or fencing shall not damage the sidewalks, streets, or public ways, and such barrier or fencing shall be to the satisfaction of the Police Chief (or his designee); c. All alcoholic beverages served or consumed by patrons on the licensed area shall not be in glass containers; d. And the Applicant shall be required to have liquor liability insurance to the extent as required by the ABC with respect to for-profit special event retail licensees; and e. If the Police Chief finds and determines that the Applicant has violated or is reasonably likely to violate any of the provisions of the Athens Alcoholic Beverage Ordinance, or any other federal, state, or local law in connection with the Festival, then the Police Chief may, with or without notice, immediately suspend and/or terminate the authorization set forth in this Section 2 of the Resolution.  3. The referenced portions of the public sidewalk, street, or public way are shown and depicted on the map attached hereto as Attachment A to this Resolution. No other portions of the sidewalks, streets, or public ways shall be used by the Applicant or any of its guests or agents for the sale or consumption of alcoholic beverages. ADOPTED this the 25th day of June, 2018. /s/ Chris Seibert 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 25th day of June, 2018. Witness my hand and seal of office this 25th day of June, 2018. /s/ Annette Barnes Annette Barnes, City Clerk  ATTACHMENT A MAP/DEPICTION OF THE PORTIONS OF THE PUBLIC SIDEWALK, STREET, OR PUBLIC WAY AUTHORIZED TO BE USED IN CONNECTION WITH THE SPECIAL EVENTS RETAIL LICENSE DISCUSSED HEREIN The motion was seconded by Councilman Cannon and was unanimously carried. * * * There being no further business to come before the meeting, Council President Seibert asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK