City Council

June 3, 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 June 3, 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, Wayne Harper, Chris Seibert and Joseph Cannon. Tanner and Addison Cannon joined Mayor Marks in leading the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Joseph Cannon 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 May 23, 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 May 23, 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. Jerry McCullough, 26 Sandra Lane, Athens, addressed the Council stating that his repeated attempts over the years to make suggestions or voice complaints about issues have gone unanswered or have been ignored. Councilman Harper stated that if he had failed to respond to Mr. McCullough’s requests, it was not intentional and he extended an apology to him. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the regular meeting for July 8th, 2019 to July 15th, 2019, at the same place and time. 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 the City Clerk’s Office. Lisa Brooks Mileage - Field Audits $ 86.27 April 2, 2019 – May 21, 2019 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 the payment of budgeted travel/education expenses for specified Water Services employees in the total amount of $677.47. Dale Putman Triple S Training $677.47 (Wastewater) Birmingham, AL May 15-17, 2019 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 authorize the Water Services Department to purchase a backhoe/loader for the Sewer Department from Warrior Tractor & Equipment Company in the amount of $104,000. 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 as follows: Joseph Cannon Alabama League of Municipalities Annual Conference $ 1,337.62 Mobile, Alabama May 3 – 7, 2019 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 Electric Department personnel: Austin Reeves $89.04 TVPPA-Lab 2-Scottsboro, AL Jake Blankenship $134.13 TVPPA-Lab 2-Scottsboro, AL Ben Moran $81.73 TVPPA-Lab 2-Scottsboro, AL The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2019 - 1622 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE CONCERNING A CERTAIN PUBLIC ALLEYWAY 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 Council has studied the matter further and proposes to vacate the Public Way 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 Monday, June 3, 2019 at 5:30 p.m. as follows: 1. A public hearing is hereby scheduled for July 22, 2019, 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 Way. 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.  EXHIBIT A ADOPTED and APPROVED this, the 3rd day of June, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Travis and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the Mayor, City of Athens, Alabama, is authorized to enter into an agreement with KREBS Engineering in order for them to provide an engineering evaluation, recommendations and design of improvements to extend a gravity sewer to the Pepper Road Development at a cost not to exceed $24,700. Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 resolution had been unanimously carried. Councilmember Cannon 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. The following resolution was made for “Introduction Only” by Councilman Harper at the May 23rd, 2019 meeting: RESOLUTION BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to transfer $600,000 from the Alcohol Fund to the Capital Projects Fund for funding additional paving projects, to be shared equally among the City’s five voting districts. The motion was seconded by Councilman Seibert. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue a task order to the Reed Contracting for the pavement striping of the following list of streets: W. Market -City Limit to Hines St. Brownsferry-City Limit to Madison St. Pryor St.- Hines St. to Jefferson St. Chandler and Shaw St.- Pryor to Forrest St. Houston St.-Forrest to 3rd Ave. Madison St.- Forrest to 1st Ave. Roy Long Rd.- Lucas Fry. to Martin Luther King S. Jefferson- Green St. to Hwy. 72 E. Hobbs- Railroad track to Hwy 31 Bryan St.- Houston to Jefferson-Railroad to Beaty St. Hines St.- Elm to Moyers The cost of this task order is approximately $40,000 and shall be taken from the Gas Tax Fund. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 resolution had been unanimously carried. Councilmember Harper thereupon moved that the resolution 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 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 authorize the Mayor to direct Athens Electric Department to install street lights at the following locations: Hwy 31 and Clyde Mabry Dr. Hwy 31 and Moyers Rd. The project shall be funded from line item 100.524.90160 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Cannon introduced the following ordinance: ORDINANCE NO. 2019 - 2084 AN ORDINANCE CONCERNING AMENDMENTS TO THE ATHENS ALCOHOLIC BEVERAGE ORDINANCE WHEREAS, the City Council desires to amend various portions of the Athens Alcoholic Beverage Ordinance to (i) amend the distance requirements to make it clear that a licensed facility is not prohibited from being in same shopping center as a church building, school, or child development facility; (ii) clarify the definitions of church building, school, and child development facility; and (iii) incorporate the 2018 Alabama Legislature’s addition of a “nonprofit special events retail license” (found at Ala. Code § 28-3A-1.5) and clearly state the City’s longstanding practice of exempting non-profit groups from alcohol-related fees. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on June 3, 2019, at 5:30 p.m., as follows: Section 1. The definitions of “church building”, “school” and “child development facility” in Section 6- 33 of the Code of Ordinances of the City of Athens are hereby amended so that they state as follows: Child development facility means any child development program or club that promotes extended educational services that is funded partially or completely by federal, state, or local government revenue (i.e., Head Start Programs, Boys & Girls Club, etc.). The definition of "child development facility" shall also include any day care center licensed by the Alabama Department of Human Resources. A “child development facility” shall not include any facility or property used by a child development facility that is not located on, at, or adjacent to the main location of the child development facility. Church building means a structure building set apart by a church primarily for use for purposes of public worship, whose sanctuary is tax exempt under the laws of this state, and in which religious services are held and with which a clergyman is associated, and the entire structure building is kept for that use and not put to any other use inconsistent therewith. School means a state accredited public or private elementary, intermediate, middle, junior high or senior high school. A “school” shall not include any facility or property used by a school that is not located on, at, or adjacent to the main campus of the school.  Section 2. Section 6-34(e)(1) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: (e) Distance limitations for alcohol sales. In addition to all other regulations and restrictions, and subject to exceptions contained in this section, no facility or property shall be authorized for on-premises sale or off-premises sale of alcoholic beverages where the facility or property is less than 500 feet from any church building, school public or private elementary, intermediate, middle or junior high, high school,, or child development facility. (1) The aforesaid distance restriction in this section shall not apply in the following enumerated cases: a. Where the facility or property is located in a Traditional Zone, and the facade on the lot frontage of the facility or property (or the closest point of any area of the facility or property licensed for the sale of alcoholic beverages that is not within a fully-enclosed structure, if closer) is not less than 50 feet from the church building, school, or child development facility. b. Where: 1. The facility or property is separated from the church building, school, or child development facility by a street or highway having four or more traffic lanes, not including any lanes that are turning lanes, service lanes, and/or hazard lanes, 2. At least four of the traffic lanes that separate the licensed premises from the church building, school, or child development facility extend continuously and together for more than one mile before any one of the lanes terminates or becomes a turning lane, service lane, and/or hazard lane, and 3. The minimum distance between the licensed premises and the church building, school, or child development facility building is at least 200 feet; c. Where the church building, school, or child development facility was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of 12 months; or d. Where the establishment upon the facility or property is a grocery store as defined herein; or e. Where the facility or property is located in the same shopping center as the church building, school, or child development facility. Section 3. Section 6-82 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-82. – Special events retail license and Nonprofit special events retail license. All applications relating to special event retail licenses or a nonprofit special events retail license shall be filed with the city clerk at least 25 days in advance of the event for which a license is sought. An applicant for a special event retail liquor license or a nonprofit special events retail license must receive the approval of the city council pursuant to section 6-71 (and applicable provisions referenced thereby, including review and recommendation by the city alcohol license review committee). However, in the case of an applicant for a special event retail liquor license or a nonprofit special events retail license (i) an applicant shall not be required to deliver the bond discussed in section 6-46, (ii) a background check with the Alabama Bureau of Investigation shall not be required, and (iii) section 6-76 shall not apply. Section 4. Section 6-34(a) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-34. – Restriction of locations and manner of sale. (a) Types of businesses allowed to sell alcoholic beverages at retail for on-premises consumption. In addition to all other regulations and restrictions, no establishment in the city may be authorized for the retail sale of alcoholic beverages for consumption on the premises, except for the following:  (1) Restaurants; (2) Hotels; (3) Bed and Breakfast establishments, serving alcoholic beverages to overnight guests; (3) Merchandise store with incidental table wine sales, in connection with its wine tastings; (4) Brewpubs; (5) Taprooms; (6) Persons holding a special events retail license for on-premises consumption or a nonprofit special events retail license for on-premises consumption; and (7) Clubs holding a club liquor retail license from the state alcoholic beverage control board. Section 5. Section 6-34(c) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-34. – Restriction of locations and manner of sale. (c) Limits of types of businesses allowed to sell alcoholic beverages in a Traditional Zone. In addition to all other regulations and restrictions, no facility or property located in a Traditional Zone shall be authorized for the retail sale of alcoholic beverages, whether for on-premises or off-premises consumption, except for the following: (1) Restaurants that sell alcoholic beverages for only on-premises consumption (except for sales for off- premises consumption pursuant to Ala. Code § 28-3A-20.1); (2) Convenience stores that sell beer and/or table wine for only off-premises consumption; (3) Grocery stores that sell beer and/or table wine for only off-premises consumption; (4) Merchandise store with incidental table wine sales; (5) Brewpubs; (6) Taprooms; (7) Bed and Breakfast establishments, serving alcoholic beverages for only on-premises consumption by overnight guests; and (8) Persons holding a special events retail license for on-premises consumption, or a nonprofit special events retail license for on-premises consumption. Section 6. Section 6-47 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-47. – Special Authorization for Sale of Alcoholic Beverages at Festivals on Portions of Sidewalk or Public Ways. The City Council may authorize and permit licensees with a Special Event Retail License or a Nonprofit special events retail license in a Downtown zone to sell alcoholic beverages for on-premises consumption on or along a portion of a sidewalk, street or public way, upon such conditions as the City Council may prescribe, where (i) the license relates to a festival event, entertainment event, or other recreational event where members of the general public may attend, (ii) the activity is authorized by a special event permit or a nonprofit special events retail license issued pursuant to Section 54-31 through 54-71, (iii) the licensed area is surrounded by a non-permanent barrier or fencing clearly delineating the borders of the licensed area during such event (where not bordered by permanent improvements), (iv) alcoholic beverages served or consumed by patrons on the licensed area shall not be in glass containers, and (v) the licensee has made adequate provision for security at the event. Section 7. Section 6-78 of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-78. – Filing fee. There is hereby required, as a filing fee to cover the costs of processing and investigating each application filed with the city, the sum of $300.00, and the city clerk-treasurer or duly authorized representative shall not accept any application not accompanied by said payment to the city along with the payment of the publication costs, as required in this article. The city shall retain the filing fee to cover the expenses of processing and investigating said application, whether or not said application results in approval or denial, provided, however, that the filing fee for nonprofit special events retail license applications and special events retail license applications shall be $75.00. Section 8. Section 6-79 of the Code of Ordinances of the City of Athens is hereby amended so that it adds §6- 79(a)(19) to state as follows: (19) Nonprofit special events retail license for on-premises consumption. There shall be no city alcohol license fees, or other city privilege/ license fees, in connection with nonprofit special events retail licenses for on-premises consumption. Section 9. Section 6-81(a) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: Sec. 6-81. – Alabama Responsible Vendor Act. (a) Except in the case of a special events retail license or nonprofit special events retail license, each business requesting to sell alcoholic beverages within the city must obtain business certification through the Alabama Responsible Vendor Program within 30 days of license approval by the state alcoholic beverage control board. Section 10. 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 code and such amendments and statutes are declared to be severable. Section 11. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. Section 12. 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. Councilmember Seibert 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 Cannon 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 – 1623 A RESOLUTION TO DEANNEX +/-2.01 ACRES LOCATED DIRECTLY TO THE SOUTH OF 14979 LUCAS FERRY ROAD, PARCEL # 44-11-06-24-1-000-003.000, IN AN EST, ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT. WHEREAS, on April 16, 2019, Maund Family Farm, LLC petitioned the City to de-annex approximately 2.01 acres of property from the City Limits of Athens; WHEREAS, on May 21, 2019, the City of Athens Planning Commission unanimously recommended to the Council the de-annexation of said property from the City Limits of Athens; and  WHEREAS, § 11-42-200 of the Code of Alabama provides that whenever in the opinion of the city council, the public health or public good requires that the corporate limits of the city be reduced, the council may pass a resolution providing for the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, AS FOLLOWS: SECTION 1. The City Council of the City of Athens, Alabama, finds and declares as the legislative body of the City that the public health and the public good requires the removal of the territory in Section 2 of this Resolution from the City Limits of the City of Athens, Alabama, and that such removal is in the best interest of the citizens of the City and the affected area. SECTION 2. The boundary lines of the City of Athens, Alabama, are hereby altered or rearranged so as to exclude therefrom the following described territory, to wit: A tract of land lying in the East half of the Northeast Quarter of Section 24, Township 3 South, Range 5 West, Limestone County, Alabama, and being more particularly described as follows, Commence at an existing railroad spike at the Northeast corner of Section 24, thence South 00 degrees 12 minutes 37 seconds West along the East boundary of said Section 24 a distance of 324.61 feet to a point, said point being the Point of True Beginning of the tract herein described, Thence from the Point of True Beginning continue South 00 degrees 12 minutes 37 seconds West a distance of 175.39 feet to a point, Thence North 88 degrees 50 minutes 59 seconds West a distance of 500.00 feet to a point, Thence North 00 degrees 12 minutes 37 seconds East a distance of 174.71 feet to a point, Thence South 88 degrees 55 minutes 40 seconds East a distance of 500.06 feet to the Point of True Beginning and containing 2.01 acres, more or less. SECTION 3. This Resolution shall be published as provided by law, and a certified copy of the same, along with a plat or map correctly defining the reduction in corporate limits, and the names of all qualified electors residing within the territory to be excluded from the city limits, shall be filed with the Probate Judge of Limestone County, Alabama, pursuant to § 11-42-201 of the Code of Alabama. SECTION 4. The territory described in this Resolution shall no longer be included as a part of the corporate limits of Athens, Alabama, upon publication of this Resolution as set forth in Section 3, above. ADOPTED and APPROVED this, the 3rd day of June, 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 Cannon moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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. * * * 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