City Council

January 28, 2019 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 Athens on January 28, 2019, 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, Frank Travis, 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. 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 January 14, 2019 City Council Meeting had been submitted for approval. Councilman Travis 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 January 14, 2019 City Council Work Session Meeting had been submitted for approval. Councilman Travis 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. Mayor Marks presented a proclamation to Michelle Minville with Big Brothers, Big Sisters for January as Mentoring Month. Mayor Marks presented a Certificate of Appreciation to Rod Huffman recognizing his 18 years on the Athens Planning Commission. James Rich, Public Works Director, presented an update on the Alabama Transportation Rehabilitation Improvement Program (ATRIP) project for the bridge replacement, widening and paving on Forrest Street, which is scheduled to begin in the next two months. A public hearing was held regarding costs of demolition of the unsafe structure at 703 Westview Street. Wilhemenia Cosby and Khon Cosby, Athens, who hold an ownership interest in the property at 703 Westview Street, spoke in opposition to the assessment of the costs. They objected to the total cost being in excess of $13,000, when they understood the cost would be $6,100. Bert Bradford, City Building Inspector, explained that the additional cost was due to the discovery of asbestos and the required remediation of that asbestos after the initial cost estimate was provided to the Cosbys. He explained that once asbestos is discovered, the cost must be incurred to remediate it before the demolition process can continue. Councilman Travis requested that in the future, if additional costs are incurred, that he be informed, so that a revised cost can be provided to the homeowners. Mayor Marks stated that he would coordinate this communication with the Public Works Department. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2019 - 1604 A RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 703 WESTVIEW STREET _______________________________________________ WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and other state and local law, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority;  WHEREAS, in Resolution No. 2018-1569, this Athens City Council required the demolition of an unsafe building or structure (herein referred to as the “Structure”) located at the following real property: 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 demolition was carried out; WHEREAS, persons who may hold a property interest in the Property include the following persons: Ervin Cosby; Wilhemenia Cosby, Khon Cosby, Adolph Cosby, and Delisa U. Cosby; as well as such persons’ heirs, successors, and assigns, and any and all unknown parties, including any persons claiming a present interest in the property described herein and including persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in such property, such persons’ whereabouts being unknown and which cannot be ascertained with reasonable diligence. WHEREAS, pursuant to Resolution No. 2018-1569, the City Clerk has presented this City Council with the report of Bert Bradford, the appropriate municipal official, (attached hereto as Exhibit A) of the costs associated with the demolition of the Structure so that this Council may adopt a resolution fixing all costs reasonably incurred in connection therewith and assessing such costs against the Property. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 28, 2019, at 5:30 P.M. p.m., as follows: 1. The report of costs associated with the demolition of the Structure on the Property and attached hereto as Exhibit A is accepted, and the costs shown therein are hereby fixed as reasonably incurred in connection therewith and assessed as costs against the Property.  2. The amount of $13,494.08 shall be a special and final assessment against the Property, and shall constitute a lien thereon. 3. A certified copy of this Resolution and its exhibits shall be filed with the Office of the Judge of Probate of Limestone County, Alabama. Previously, the City of Athens caused (i) a “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens” to be filed with respect to this matter, to wit, on August 30, 2017, in RLPY Book 2017, Page 50327 in the Office of the Judge of Probate of Limestone County, Alabama; and (ii) an “Amended Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens” to be filed with respect to this matter, to wit, on November 13, 2017, in RLPY Book 2017, Page 65006 in the Office of the Judge of Probate of Limestone County, Alabama. 4. Pursuant to Ordinance § 11-40-33 of the Code of Alabama, the City Attorney shall provide a certified copy of this Resolution and its exhibits to the Limestone County Revenue Commissioner, who shall add the amount of the lien to the next regular ad valorem tax bills for taxes levied against the Property, collect the same as if it were a tax, and remit the same to the City of Athens. Pursuant to § 11-40-35 and § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, the City elects to have the revenue commissioner collect the assessment by adding it to the tax bill, and then collecting the assessment using all methods available for collecting ad valorem taxes. ADOPTED and APPROVED this, the 28th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A REPORT TO ATHENS CITY COUNCIL OF THE COST OF DEMOLITION OF STRUCTURE AT 703 WESTVIEW STREET To: Athens City Council, Athens City Clerk This report of the costs associated with the demolition of a structure at 703 Westview Street, Athens, Alabama, shall be submitted to the Athens City Council at a regular meeting at 5:30 P.M. on January 28, 2019. At such time, the City Council shall hear the report, and thereupon may adopt a resolution fixing the costs which it finds to be reasonably incurred in the demolition and assessing those costs against the property. The demolition of the unsafe structure was called for by the Athens City Council in its Resolution No. 2018- 1569, dated April 23, 2018. The City of Athens, Alabama incurred the following costs associated with the demolition of the unsafe structure: Certified Mail/Mail Notice Costs $ 82.24 Lis Pendens Filing Fee $ 38.00 Publication Costs (Athens News Courier) $ 0 Title Search $ 125.00 Legal Fees $ 464.00 Demolition Costs (demolition) $ 6,000.00 Asbestos survey and remediation $ 6,784.84 ____________________________________________ GRAND TOTAL: $13,494.08 The motion was seconded by Councilman Seibert, and Council President Wales called for the vote. The following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: Councilman Travis. The President thereupon announced that the motion for the adoption of the said resolution had been approved. Kelly Range, 303 Brookwood Drive, Athens, addressed the Council concerning the ongoing problem with litter in the City, specifically citing the AL.com newspaper fliers being distributed in City neighborhoods. Ralph Diggins, 100 Willow Street, Athens, echoed Mr. Range’s comment regarding the problem with these fliers being distributed in his neighborhood and questioned whether the company has a business license with the City of Athens. At the January 14, 2019 regular meeting of the Athens City Council, Councilman Harper introduced an “Ordinance to Restrict the Retail Sale of Dogs and Cats to Only Those That Are Sourced from Shelters or Rescue Organizations,” and the proposed ordinance was listed on the agenda for this January 28, 2019 meeting. However, the proposed ordinance did not receive a second, and thus the measure died and was not adopted. Instead, Councilman Harper introduced a revised version of that ordinance. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2019 - 2068 AN ORDINANCE TO RESTRICT THE RETAIL SALE OF DOGS AND CATS TO ONLY THOSE THAT ARE SOURCED FROM ANIMAL CARE FACILITIES OR RESCUE ORGANIZATIONS _____________________________________________________________________ WHEREAS, the City Council has heard reports that a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for (“puppy mills” and “kitten mills,” respectively), such that animals are subjected to inhumane conditions like over-breeding; inbreeding; minimal to non-existent veterinary care; and lack of adequate and nutritious food, water and shelter; WHEREAS, the inhumane conditions in puppy and kitten mill facilities can lead to health and behavioral issues in the animals bred in those facilities, and these health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; WHEREAS, current federal, state and city regulations do not properly address the sale of puppy and kitten mill dogs and cats in pet shops; WHEREAS, some local governments such as the City of Huntsville, have considered or adopted ordinances (such as this one) to address this issue; WHEREAS, restricting the retail sale of puppies and kittens to only those that are sourced from animal care facilities or rescue organizations is likely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal care facilities and rescue organizations; WHEREAS, significant numbers of animals are euthanized in Athens, and restricting the retail sale of puppies and kittens to only those that are sourced from animal care facilities and rescue organizations will likely reduce pet populations and thus the burden on the City of Athens, including financial costs on local taxpayers;  WHEREAS, this Ordinance will not affect a consumer’s ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred or can confer directly with the hobby breeder concerning those conditions; WHEREAS, the City Council believes it is in the best interests of this City to adopt reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats or dogs from a pet shop or other business establishment, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the City; WHEREAS, the City Council is empowered to adopt this Ordinance pursuant to § 11-45-1 and § 11-47-110 of the Code of Alabama, as well as other legal authority, and; WHEREAS, the City Council finds that this Ordinance is a proper exercise of the police power of the City, and that it is designed to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the City’s inhabitants. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on January 28, 2019, at 5:30 p.m., as follows: Section 1. Article 3 of Chapter 10 of the Code of Ordinances of the City of Athens (Animals and Fowl) is hereby amended to add the following section: Sec. 10-79. Sale of Dogs and Cats by Pet Shops and Pet Supply Stores (a) Definitions. For purposes of this section, the following terms have the following definitions: (1) Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the deposit and confinement of animals, or the rescue and placement of animals in permanent homes or rescue organizations, and which does not obtain animals from a breeder or broker for profit or compensation. (2) Animal rescue organization - a not-for-profit organization or agency with tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, with the mission and practice, in whole or in significant part, of rescuing and placing animals in permanent homes, and which does not obtain animals from a breeder or broker for profit or compensation. (3) Commercial transaction – An interaction between two or more parties in which a live animal is exchanged for cash, goods, services or something of value.  (4) Offer for sale means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or exchange through a commercial transaction any dog, cat, kitten, or puppy. (5) Pet shop - a retail establishment, business or store where live animals are sold, exchanged, bartered or offered for sale as pets to the general public. Such definition shall not include an animal care facility or animal rescue organization as defined in this section. (6) Pet Supply Store – a retail establishment, business or store which sells pet food, animal supplies and pet accessories to the general public, and which may also sell, exchange, barter or offer for sale live animals as pets to the general public. Such definition shall not include an animal care facility or animal rescue organization as defined in this section. (b) Restrictions on the Sale of Dogs and Cats. (1) A pet shop or pet supply store may offer for sale only those dogs, cats, puppies, and kittens obtained from and in cooperation with an animal care facility or an animal rescue organization. (2) Every pet shop or pet supply store offering for sale any dog, cat, puppy or kitten shall display a label stating the name and address of the organization supplying said animal on the animal’s cage. (3) A pet shop or pet supply store shall not offer for sale a puppy or kitten that is younger than eight weeks old. (c) Record-Keeping. (1) Every pet shop or pet supply store offering for sale any dog, cat, puppy or kitten shall maintain records for each animal offered for sale. The records shall be maintained for a minimum of 12 (twelve) months after the date of the transaction, and shall be available for inspection by any law enforcement officer. The records shall include the following information for each transaction: (i) a description and photograph of the animal; (ii) the monetary value of any cash, services, or goods exchanged for the animal; (iii) the name, address and phone number of the organization from which said pet store or pet supply store acquired said animal; and (iv) the name, address and phone number of the new owner of the animal. Section 2. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 3. No other provisions of the Code of Ordinances of the City of Athens are amended by this Ordinance, unless specifically stated and referenced herein.  Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. Section 5. This Ordinance shall go into effect upon its publication. ADOPTED and APPROVED this, the 28th day of January, 2019. /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 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 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. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2019 - 1605 A RESOLUTION CONTRACTING WITH A THIRD PARTY (IES) FOR DEMOLITION SERVICES RELATED TO 715 PLATO JONES STREET WHEREAS, the Athens City Council previously adopted Resolution #2018-1580 calling for the demolition of a structure located at 715 Plato Jones Street due to it being unsafe (as described in more detail in that resolution); WHEREAS, the appropriate municipal official has worked in good faith with the owners of the property to allow them an opportunity to address the situation, but to no avail; and WHEREAS, the appropriate municipal official has determined that the work is best accomplished through contracting with a third party (ies) for asbestos screening and demolition. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 28, 2019 at 5:30 p.m., that the Mayor (and/or his designee) is authorized to contract, on behalf of the City of Athens, with a third party (ies) for an asbestos survey, remediation and demolition of the unsafe structure(s) at 715 Plato Jones Street (as described in more detail in Resolution #2018-1580), for a cost not in excess of $15,000.00. Should the survey reveal the presence of asbestos such that the combined screening, remediation and demolition costs will exceed $15,000, then the appropriate municipal official is directed to report the same to the City Council. ADOPTED and APPROVED this, the 29th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 resolution had been unanimously carried. Councilmember Seibert thereupon moved that the resolution 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 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 approve the purchase of a J10 Jet Trac Horizontal Directional Drill with a FM 5X mud mixing unit with trailer in the amount of $118,716.05 from Ditch Witch of Alabaster. The motion was seconded by Councilman Seibert and was unanimously carried. The following resolution was made for introduction only by Councilman Harper at the January 14, 2019 meeting: RESOLUTION NO. ____________________ A RESOLUTION VACATING A CERTAIN PUBLIC ALLEYWAY NEAR MARKET STREET CHURCH OF CHRIST WHEREAS, this resolution relates to a fifteen (15) foot wide public alleyway shown on the Map Showing Hendricks Subdivision of a Part of The Houston Place which is Lot 4 Block 67 according to the 1914 Map of Athens, Alabama, recorded at Plat Book A, Page 20 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows: That certain fifteen (15) foot wide alleyway, running easterly and westerly along the northern boundaries of Lots 15A through 7A, with its western terminus at its intersection with Malone Street, and its eastern terminus at its intersection with a fifteen (15) foot alleyway running northerly and southerly. Said eastern terminus is also located at the northeast corner of Lot 7A and the southeastern corner of Lot 1A. All of the above reference points are as shown on the Map Showing Hendricks Subdivision of a Part of The Houston Place which is Lot 4 Block 67 according to the 1914 Map of Athens, Alabama, recorded at Plat Book A, Page 20 in the Office of the Judge of Probate of Limestone County, Alabama. This alleyway is also depicted on the Map of the David U. Patton Sub-Division of a Part of Lot 4, Block 67 According to the 1914 Map of Athens, Alabama, recorded at Plat Book B, Page 01 in the Office of the Judge of Probate of Limestone County, Alabama. (the “Public Way”); WHEREAS, for the aid of the reader, a depiction of the Public Way is shown on Exhibit A hereto, shaded for emphasis, and labelled as “15’ Alley’; WHEREAS, the Public Way is a paved and improved driveway; and WHEREAS, at the urging of the adjacent landowners to the alleyway, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama, and has published, posted, and served notice of the same as required by § 23-4-2 of the Code of Alabama;  WHEREAS, the City Council held a public hearing concerning this matter at its regular meeting on January 14, 2019; WHEREAS, the City Council has determined that it is in the interest of the public that the Public Way should be vacated; WHEREAS, the following persons or entities (and/or their successors, heirs, and assigns) are the owners of all lots or parcels of land that abut the Public Way: Market Street Church of Christ Anthony L. Lewis and Cyndi C. Lewis Vada Nell Barksdale WHEREAS, the vacation of the Public Way will not cause any person to be cut off from access over some other reasonable and convenient way; WHEREAS, Athens Utilities may maintain any existing water, sewer, gas, and/or electrical lines within the Public Way, and the vacation of the Public Way, as explained herein, will not prevent Athens Utilities from accessing, maintaining, extending, and enlarging those lines to the same extent as if such vacation had not occurred; and WHEREAS, the vacation of the Public Way will not deprive other property owners of any right they may have to convenient and reasonable means of egress and ingress to and from their property. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on January 28, 2019 at 5:30 p.m., as follows: 1. The Public Way is hereby vacated upon the City Clerk’s filing of this Resolution with the Probate Court of Limestone County, and the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with § 23-4-2(b) of the Code of Alabama. 2. The City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in the Public Way. 3. Title and all public rights in the Public Way shall vest in the abutting owners, to the extent and as provided for by law. 4. However, notwithstanding anything herein to the contrary, any entities (such as the City by and through Athens Utilities) with utility lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Ways had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred. 5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. ADOPTED this the 28th day of January, 2019. __________________________________________ HAROLD WALES, CITY COUNCIL PRESIDENT _________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES, CITY CLERK EXHIBIT A Council President Wales announced that, if there was no objection, the resolution would be tabled until the February 11, 2019 meeting. There was no objection. * * * 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