City Council

November 26, 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 November 26, 2018, at 5:30 p.m. The meeting was called to order by Councilman Harold Wales, President of the Council. Upon roll call, the following were found to be present: Councilmembers Wayne Harper, Harold Wales, Chris Seibert, Frank Travis and Joseph Cannon. 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 November 5, 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 Seibert and was unanimously carried. The Chairperson stated that the Minutes of the November 5, 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 Seibert and was unanimously carried. A public hearing was held concerning the rezoning of property for Athens City Board of Education. No one spoke in favor of or against. Councilman Cannon introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR ATHENS CITY BOARD OF EDUCATION FROM A B-2 GENERAL BUSINESS DISTRICT TO A TB TRADITIONAL BUSINESS DISTRICT. PROPERTY CONSISTS OF +/-2 .43 ACRES LOCATED ON THE SOUTHWEST CORNER OF PRYOR STREET AND US HIGHWAY 31 NORTH, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2018-2058 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 a B-2 General Business District to a TB, Traditional Business District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “TB, Traditional Business 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 “TB, Traditional Business 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: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 3 SOUTH, RANGE 4 WEST, LIMESTONE COUNTY, ALABAMA, THENCE RUN SOUTH 88°55’37” EAST AT A DISTANCE OF 1642.14 FEET TO A FOUND IRON PIN WITH A CAP STAMPED “CARR” ON THE WESTERN RIGHT-OF-WAY FOR U.S. HWY 31, THENCE RUN NORTH 19°56’39” EAST ALONG SAID RIGHT-OF-WAY AT A DISTANCE OF 646.01 FEET TO A 5/8” IRON PIN AND ALSO BEING THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING RUN NORTH 70°07’33” WEST AT A DISTANCE OF 182.11 FEET TO A FOUND ½” REBAR; THENCE RUN SOUTH 67°50’21” WEST AT A DISTANCE OF 119.86 FEET TO A FOUND 5/8” IRON PIN WITH A CAP STAMPED “DUNIVANT”; THENCE RUN NORTH 00°44’42” WEST AT A DISTANCE OF 212.33 FEET TO AN IRON PIN ON THE SOUTHERN RIGHT-OF-WAY FOR PRYOR STREET; THENCE RUN NORTH 63°31’51” EAST ALONG SAID RIGHT-OF-WAY AT A DISTANCE OF 466.26 FEET TO AN IRON PIN; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH 89°32’25” EAST AT DISTANCE OF 26.68 FEET TO AN IRON PIN; THENCE RUN SOUTH 19°59’40” WEST ALONG SAID RIGHT OF WAY FOR US HWY 31 AT A DISTANCE OF 465.07 FEET AND BACK TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 2.43 ACRES, MORE OR LESS. ADOPTED and APPROVED this, the 26th day of November, 2018. /s/ Harold Wales 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 26th day of November, 2018. Witness my hand and seal of office this the 26th day of November, 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 Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Cannon thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. A public hearing was held concerning the rezoning of property for John D. Furline and Teresa Dawn Furline. James Rich, Public Works Director, addressed the Council on behalf of the City’s Planning Commission. He stated that the Planning Commission voted at its October meeting to recommend the Council approve the rezoning request. Spencer Searcy, 600 Cambridge Circle, Atlanta, GA, then addressed the Council. Mr. Searcy is the developer of a proposed multi-family townhouse development to be constructed on the property, which is the subject of the rezoning request. He presented a power point overview of the project, which is to be constructed in two phases with a total of 100 residential units. Taz Morell with Morell Engineering, also addressed the Council regarding the project. He stated that he has provided the engineering services for the development and stated that the project follows the guidelines set forth in the City’s Master Development Plan. Cindy Hopkins, Indian Trace Subdivision, Athens, addressed the Council with her concerns about this type of development being located adjacent to her neighborhood, citing increased traffic, drainage issues, retention ponds, mosquito problems and her opposition to having rental property in the area. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the Master Development Plan submitted by John and Teresa Furline attached hereto as Exhibit A is hereby approved pursuant to § 2.5.2 of the Zoning Ordinance of the City of Athens, Alabama. This approval is made contingent upon the City Council’s subsequent approval of the Furlines’ application to rezone the property subject to the Master Development Plan to a Conventional Planned Unit Development (C-PUD).  EXHIBIT A – FURLINE MASTER DEVELOPMENT PLAN The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR JOHN D. FURLINE & TERESA DAWN FURLINE FROM AN R-1-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO A C-PUD CONVENTIONAL PLANNED UNIT DEVELOPMENT DISTRICT. PROPERTY CONSISTS OF +/-19 ACRES LOCATED ON THE EAST SIDE OF LINDSAY LANE SOUTH IMMEDIATELY NORTH OF INDIAN TRACE SUBDIVISION, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2018-2059 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 R-1-1 Single Family Residential District to a C-PUD, Conventional Planned Unit Development 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 “C-PUD Conventional Planned Unit Development 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 “C-PUD Conventional Planned Unit Development 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: TRACT 1: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 4 WEST, AND BEING PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST COMER OF SAID SECTION 14 AND RUNNING THENCE NORTH 2 DEGREES 30 MINUTES WEST ALONG THE WEST BOUNDARY OF SECTION 14 AND ALONG THE CENTER OF THE LINDSAY LANE ROAD A DISTANCE OF876.5 FEET; THENCE NORTH 88 DEGREES 00 MINUTES EAST PARALLEL TO THE SOUTH BOUNDARY OF SECTION 14 A DISTANCE OF 994 FEET; THENCE SOUTH 2 DEGREES 30 MINUTES EAST PARALLEL TO THE WEST BOUNDARY OF SECTION 14 A DISTANCE OF 876.5 FEET TO A POINT ON THE SOUTH BOUNDARY OF SECTION 14; THENCE SOUTH 88 DEGREES 00 MINUTES WEST ALONG THE SOUTH BOUNDARY OF SECTION 14, A DISTANCE OF 994 FEET TO THE POINT OF BEGINNING, AND CONTAINING 20 ACRES, MORE OR LESS, AND BEING THE SAME REAL ESTATE CONVEYED TO THE GRANTOR HEREIN BY DEED RECORDED IN RLPY BOOK 1999 AT PAGE 6092 IN THE PROBATE OFFICE OF LIMESTONE COUNTY, ALABAMA. ADOPTED this the 26th day of November, 2018. /s/ Harold Wales 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 26th day of November, 2018. Witness my hand and seal of office this the 26th day of November, 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 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 Seibert 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 Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a 2020 Freightliner crew cab with body in the amount of $129,951 from Ingram Equipment in Pelham, AL. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel from Customer Accounts. Regina Rager TVPPA Customer Service Conference $ 592.89 Chattanooga, TN November 14 - 16, 2018 The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to reschedule the regular council meeting on December 24, 2018 to December 17, 2018 at the same place and time. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a, “Retail Beer and Wine Off Premises,” type, alcohol license. Jai Durga, Inc. Athens Fuel City 1113 West Market Street Athens, AL 35611 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a, “Retail Beer and Wine Off Premises,” type, alcohol license. Shree Laxmi Mata, Inc. Tanner Chevron 20531 Huntsville Brownsferry Road Athens, AL 35613 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Public Works Department to install and landscape the roadside ditch located at 1300 Somerest Drive, Athens, AL. This project shall be funded from the Special Project Fund in an amount not to exceed $2500. The motion was seconded by Councilman Harper and was unanimously carried. * * * There being no further business to come before the meeting, Council President Wales asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK