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City Council

Regular Meeting

Athens, AL · February 25, 2019

AgendaMinutes

Minutes

February 25, 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 February 25, 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 Harold Wales, Frank Travis, Joseph Cannon, Chris Seibert and Wayne Harper. Mayor Marks led 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 February 11, 2019 City Council Meeting had been submitted for approval. Councilman Seibert 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. The Chairperson stated that the Minutes of the February 11, 2019 City Council Work Session Meeting had been submitted for approval. Councilman Seibert 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. Mayor Marks presented a proclamation recognizing March as Colorectal Cancer Awareness Month to Cherry Hammonds, representative of the American Cancer Society. A public hearing was held to hear comments on the proposed zoning approval for the sale of alcohol in the City of Athens by Jay Ramaji, Inc., Dba: Athens Food Mart 2. Cornell Robinson, 18176 North Jefferson Street, Athens, spoke in opposition of the sale of alcohol at this location citing the proximity of the business to St. Luke Church. Scott Marshall, 410 East Washington Street, Athens, questioned whether the City’s force labor is being held to the same standards as outside contractors related to the process of repairing streets after water and sewer line replacement. He specifically questioned the requirements and processes for compacting gravel over water and sewer lines prior to the streets being repaved. Councilman Travis 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 the Fire Department. Chanel Taylor Alabama A & M College Career Fair $ 29.25 Huntsville, AL Date: 2/14/19 The motion was seconded by Councilman Cannon 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 reappoint Chris Seibert to the Solid Waste Authority Board for a 3 year term, expiring February 28, 2022. The vote was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2019 – 1607 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the Council hereby approves the attached ALDOT Agreement for the cooperative maintenance of public right of way and the Mayor is authorized on behalf of the City to execute that attached Agreement with ALDOT and make the necessary commitments. Compensation received by the City under this agreement will be credited to the Public Works Capital Account in the City's Capital Expenditure Funds to be used for the purchase of right of way maintenance equipment. ADOPTED and APPROVED this, the 25th day of February, 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 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2019 – 1608 BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, that the Alabama Department of Environmental Management (ADEM) be informed that the Athens City Council has reviewed the annual MWPP Report and authorized its submittal as requires. ADOPTED and APPROVED this, the 25th day of February, 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 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 approve the following items from the Public Works Department for surplus: 2005 Ford F350 Crew Cab, no motor, no flatbed 1999 Dodge Ram 1500 1999 Dodge Ram 1500 1998 Ford F800, old trash truck and trailer Commercial Dumpsters The motion was seconded by Councilman Harper and was carried unanimously. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of March 25, 2019 to consider the request of Breland Homes, LLC to rezone +/- 37.57 acres of property located on the south side of Nick Davis Road, directly adjacent to the east side of The Vineyard residential subdivision, from an EST Estate Agricultural and Residential District to a C-PUD, Conventional Planned Unit Development District. The motion was seconded by Councilman Seibert 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 set a Public Hearing for the regular meeting of March 25, 2019 to consider the request of Breland Homes, LLC. to annex and rezone +/- 58.2 acres of property located on the north side of Hwy 72 to the west of Norfleet Drive, from a previously unannexed district to +/-53.52 acres in an R-1-3, High Density Single Family Residential and +/-4.64 acres in a B-2, General Business District. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of March 25, 2019 to consider the request of Newby Chapel, LLC. to annex, zone and rezone +/- 81.13 acres of property located at 24308 Newby Road, with +/-65.89 acres of previously unannexed property being annexed and zoned to an R-1-3, High Density Single Family Residential District and +/-15.24 acres being rezoned from an R-1-1 Single Family Residential District to an R-1-3, High Density Single Family Residential District. 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 set a Public Hearing for the regular meeting of March 25, 2019 to consider the request of Linton Road, LLC to rezone +/- 58.2 acres of property located on the North side of Nick Davis Road, directly adjacent to the east side of 22469 Nick Davis Road, from an EST Estate Agricultural and Residential District to a C-PUD, Conventional Planned Unit Development District. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2019 – 1609 WHEREAS, the Alabama Community Development Block Grant Program has been established to assist local governments in meeting community development and housing needs consistent with the objectives as set forth in Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Athens has received a Community Development Block Grant to construct drainage improvements in the First Avenue Neighborhood. THEREFORE, in accordance with CDBG regulations the City of Athens has advertised and received bids from qualified contractors to construct the above referenced drainage improvements. NOW, THEREFORE, be it resolved that the City of Athens has received bids on this project from interested contractors and have determined that Hawkins Groundwork, Incorporated is the qualified low bidder on this project and is not on HUD’s debarred contractor list; and THAT, William R. Marks, Mayor, is hereby authorized to enter into a contract on behalf of the City of Athens with Hawkins Groundwork, Incorporated in the amount of $326,561.50 to construct the drainage improvements in the First Avenue Neighborhood. READ AND ADOPTED this the 25th day of February 2019. /s/William R. Marks Mayor, City of Athens Attest: /s/Annette Barnes City Clerk, City of Athens The motion was seconded by Councilman Seibert 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

Agenda

February 25 , 2019 ATHENS CITY HALL 200 HOBBS STREET WEST ATHENS, AL 35611 5:00 P.M. WORK SESSION 5:30 REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION – Harold Wales 4. PLEDGE OF ALLEGIANCE – Mayor Marks 5. APPROVAL OF CITY COUNCIL MINUTES: 02-11-19 6. APPROVAL OF WORK SESSION MINUTES: 02-11-19 7. APPROVAL OF SPECIAL CITY COUNCIL MINUTES: 8. REPORTS OF STANDING COMMITTEES: 9. REPORTS OF SPECIAL COMMITTEES: 10. REPORT OF OFFICERS: A. MAYOR – Colorectal Cancer Awareness Month Proclamation B. CITY ATTORNEY C. COUNCIL MEMBERS: (1) MR. SEIBERT (2) MR. WALES (3) MR. TRAVIS (4) MR. CANNON (5) MR. HARPER 11. PUBLIC HEARINGS PH.1. - A public hearing to hear comments on the proposed zoning approval for the sale of alcohol in the City of Athens by Jay Ramaji, Inc., Dba: Athens Food Mart 2. – Lisa Brooks 12. READING OF PETITIONS, APPLICATIONS, COMPLAINTS, APPEALS, ETC. 13. RESOLUTIONS, ORDINANCES, ORDERS AND OTHER BUSINESS . REGULAR CALENDAR A. Resolution to approve travel expenses for personnel of the Fire Department. – Annette Barnes & Chief Thornton B. Resolution to reappoint Chris Seibert to the Solid Waste Authority Board for a 3 year term, expiring February 28, 2022. – Mayor Marks C. Ordinance abandoning/vacating a drainage and utility easement. – Shane Black D. Resolution confirming that there is no public right of way for a road on certain real property owned by Fedcar II, LLC. – Shane Black E. Resolution to approve ALDOT Agreement for the cooperative maintenance of public right of way and authorize the Mayor to execute the Agreement and make necessary commitments. – James Rich F. Resolution that the Alabama Department of Environmental Management (ADEM) be informed that the Athens City Council has reviewed the annual MWPP Report and authorized its submittal as required. - Betty Kiep G. Resolution to approve surplus items for the Public Works Department. – James Rich H. Resolution to set a public hearing for the regular meeting of March 25, 2019 to consider the request of Breland Homes, LLC to rezone property located on the south side of Nick Davis Road, directly adjacent to the east side of The Vineyard residential subdivision, from an EST Estate Agricultural and Residential District to a C-PUD, Conventional Planned Unit Development District. – James Rich I. Resolution to set a public hearing for the regular meeting of March 25, 2019 to consider the request of Breland Homes, LLC. to annex and rezone property located on the north side of Hwy 72 to the west of Norfleet Drive, from a previously unannexed district to +/-53.52 acres in an R-1-3, High Density Single Family Residential and +/-4.64 acres in a B-2, General Business District. – James Rich J. Resolution to set a public hearing for the regular meeting of March 25, 2019 to consider the request of Newby Chapel, LLC. to annex, zone and rezone property located at 24308 Newby Road, with +-65.89 acres of previously unannexed property being annexed and zoned to an R-1-3, High Density Single Family Residential District and +-15.24 acres being rezoned from an R-1-1 Single Family Residential District to an R-1-3, High Density Single Family Residential District. – James Rich K. Resolution to set a public hearing for the regular meeting of March 25, 2019 to consider the request of Linton Road, LLC. to rezone property located on the North side of Nick Davis Road, directly adjacent to the east side of 22469 Nick Davis Road, from an EST Estate Agricultural and Residential District to a C- PUD, Conventional Planned Unit Development District. – James Rich 14. ADJOURNMENT

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