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City Council

Regular Meeting

Athens, AL · July 22, 2019

AgendaMinutes

Minutes

July 22, 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 July 22, 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, 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. Frank Travis 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 July 15, 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 July 15, 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. A public hearing was held to hear comments in regards to vacating a certain public alleyway near Market Street Church of Christ. Marty Adams, 19378 Easter Ferry Road, Athens, spoke in support of vacating the public alleyway, citing safety concerns and the church’s desire to construct an additional parking lot. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2019 - 1630 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; 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 July 22, 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 July 22, 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 Way 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 22nd day of July, 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 EXHIBIT A Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said resolution (due to the possibility that it be deemed a measure of permanent operation), 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 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 resolution had been unanimously carried. A public hearing was held to hear comments in regards to rezoning property for Terrell Carden from an R-1-1 Single Family Low Density Residential District to an R-1-3 Single Family High Density Residential District, located on Quinn Road, directly south of 17745 Quinn Road. Public Works Director, James Rich, addressed the Council to report that the City’s Planning Commission had met and recommends the rezoning request. He requested that the Council delay action on adopting the ordinance, however, to allow time to resolved issues relating to providing sewer to the property. Terrell Carden, 18630 Bill Black Road, Athens, identified himself as the builder of the proposed development. He spoke in favor of the rezoning and expressed his appreciation of the Council’s consideration of his request. Councilman Seibert made for “Introduction Only” the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR TERRELL CARDEN FROM AN R-1-1 SINGLE FAMILY LOW DENSITY RESIDENTIAL DISTRICT TO AN R-1-3 SINGLE FAMILY HIGH DENSITY RESIDENTIAL DISTRICT. PROPERTY CONSISTS OF +/-16.2 ACRES LOCATED ON QUINN ROAD DIRECTLY SOUTH OF 17745 QUINN ROAD (PARCEL #44-11-01-12-1-000-001.000 AND #44-11-01-12-0-000-001.004), WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2019 - __________ 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 Low Density Residential District to an R-1-3 Single Family High Density Residential 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 “R-1-3 Single Family High Density Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: A tract or parcel of land located in the Northeast Quarter of the Northeast Quarter of Section 12, Township 3 South, Range 5 West, being more particularly described as follows: Beginning at an existing railroad spike at the Northeast Corner of Section 12, Township 3 South, Range 5 West, thence North 87 degrees 36 minutes 18 seconds West along the North boundary of said Section 12 and the center line of Quinn Road (Jacob's Road) a distance of 195.35 feet to the point of true beginning; thence South 02 degrees 23 minutes 42 seconds West a distance of 814.25 feet to a point, passing a point on the South Right- of-Way Margin of Quinn Road at a distance of 30.0 feet; thence North 87 degrees 36 minutes 18 seconds West and parallel with the North boundary of said Section 12 a distance of 851.99 feet to an iron pin; thence North 00 degrees 44 minutes 27 seconds East and parallel with the East 1 boundary of said Section 12 a distance of 814.54 feet to a railroad spike in the center line of Quinn Road, passing an iron pin in the South Right-of-Way Margin of Quinn Road at a distance of 784.53 feet; thence South 87 degrees 36 minutes 18 seconds East along the North boundary of said Section 12 and the center line of Quinn Road a distance of 874.65 feet to the point of true beginning, containing 16.24 acres, more or less. The above described real estate is subject to a right-of-way for the existing Quinn Road over a strip 30.00 feet wide taken evenly off the North side. The above described real estate is part of the same real estate conveyed to the granter herein by deed recorded in Fiche 1320, page 4, in the Probate Office of Limestone County, Alabama. ADOPTED this the ______ day of July, 2019. __________________________________________ HAROLD WALES, CITY COUNCIL PRESIDENT _________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES, CITY CLERK A public hearing was held to hear comments in regards to annexing and rezoning property for Lucas Ferry Properties, LLC. located on the west side of Lucas Ferry Road, +/- 1300 feet north of the intersection of Sanderfer Road West and Lucas Ferry. Public Works Director, James Rich, addressed the Council to report that the City’s Planning Commission had met and recommends the rezoning request. Robert Morris, 14979 Lucas Ferry Road, Athens, addressed the Council concerning the provision of the zoning ordinance, which permits an R-1-3 zoning only when sewer is available. He requested clarification of what “available” means. Councilman Cannon explained that, in this context, “available” means that the City has a sewer line located within 500 feet of the property. Mr. Rich confirmed Mr. Cannon’s statement and further explained that the City’s Planning Commission would likely deny the request if no sewer is within 500 feet of the property. Mr. Morris then stated that if sewer is extended to the proposed annexed property, it would have to be run on his property, which is adjacent to the proposed development. He inquired as to whether he would be able to hook onto the sewer service. Mr. Rich stated that he would research this question and would contact Mr. Morris. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO ANNEX PROPERTY FOR LUCAS FERRY PROPERTIES, LLC, LOCATED ON THE WEST SIDE OF LUCAS FERRY ROAD, +/- 1300 FEET NORTH OF THE INTERSECTION OF SANDERFER ROAD WEST AND LUCAS FERRY. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2019 - 2088 WHEREAS, on the 30th day of APRIL, 2019, LUCAS FERRY PROPERTIES, LLC. being the owner of all of the real property hereinafter described, did file with City of Athens a petition asking that the said tracts or parcels of land be annexed to and become a part of the City of Athens; and WHEREAS, said petitions did contain the signatures of all of the owners of the described territory and a map of said property showing its relationship to the corporate limits of the City of Athens, Alabama; and WHEREAS, the governing body did determine that it is in the public interest that said property be annexed into the City of Athens, and it did further determine that all legal requirements for annexing said real property have been met pursuant to Section 11-42-20 through 11-42-24, Code of Ala. 1975; NOW, THEREFORE, BE IT ORDAINED 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 it is in the best interest of the citizens of the City, and the citizens of the affected area, to bring the territory in Section 2 of this ordinance into the City of Athens. SECTION 2. The boundary lines of the City of Athens, Alabama are hereby altered or rearranged so as to include all of the territory heretofore encompassed by the corporate limits of the City of Athens, Alabama, and in addition thereto the following described territory, to wit: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 5 WEST, LIMESTONE COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE RUN ALONG THE EASTERN BOUNDARY OF THE SOUTHWEST QUARTER OF SAID SECTION NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST AT A DISTANCE OF 1112.93 FEET TO A POINT; THENCE LEAVING SAID EASTERN BOUNDARY RUN NORTH 89 DEGREES 06 MINUTES 05 SECONDS WEST AT A DISTANCE OF 500.07 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE NORTH 89 DEGREES 06 MINUTES 05 SECONDS WEST AT A DISTANCE OF 1173.63 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 25 MINUTES 47 SECONDS WEST AT A DISTANCE OF 221.28 FEET TO A POINT; THENCE RUN SOUTH 89 DEGREES 23 MINUTES 10 SECONDS EAST AT A DISTANCE OF 332.11 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 14 MINUTES 31 SECONDS WEST AT A DISTANCE OF 531.86 FEET TO A POINT; THENCE RUN SOUTH 88 DEGREES 48 MINUTES 58 SECONDS EAST AT A DISTANCE OF 845.48 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST AT A DISTANCE OF 750.51 FEET AND BACK TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 16.3 ACRES+/-. SECTION 3. This ordinance shall be published as provided by law, and a certified copy of same, together with certified copies of the petitions of the property owners, shall be filed with the Probate Judge of Limestone County, Alabama. SECTION 4. The territory described in this ordinance shall become a part of the corporate limits of Athens, Alabama, upon publication of this ordinance as set forth in Section 3, above. SECTION 5. The Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that the hereinafter described area should be zoned as R-1-3 High Density Single Family Residential 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 as R-1-3 High Density Single Family Residential District, in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and the areas which are zoned as aforesaid are situated in Athens, Limestone County Alabama, and are more particularly described as follows: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 5 WEST, LIMESTONE COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE RUN ALONG THE EASTERN BOUNDARY OF THE SOUTHWEST QUARTER OF SAID SECTION NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST AT A DISTANCE OF 1112.93 FEET TO A POINT; THENCE LEAVING SAID EASTERN BOUNDARY RUN NORTH 89 DEGREES 06 MINUTES 05 SECONDS WEST AT A DISTANCE OF 500.07 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING CONTINUE NORTH 89 DEGREES 06 MINUTES 05 SECONDS WEST AT A DISTANCE OF 1173.63 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 25 MINUTES 47 SECONDS WEST AT A DISTANCE OF 221.28 FEET TO A POINT; THENCE RUN SOUTH 89 DEGREES 23 MINUTES 10 SECONDS EAST AT A DISTANCE OF 332.11 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 14 MINUTES 31 SECONDS WEST AT A DISTANCE OF 531.86 FEET TO A POINT; THENCE RUN SOUTH 88 DEGREES 48 MINUTES 58 SECONDS EAST AT A DISTANCE OF 845.48 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST AT A DISTANCE OF 750.51 FEET AND BACK TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 16.3 ACRES+/-. ADOPTED and APPROVED this, the 22nd day of July, 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 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 ordinance had been unanimously carried. Councilmember Seibert 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 Travis introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR LUCAS FERRY PROPERTIES, LLC. FROM AN R-1-1 SINGLE FAMILY LOW DENSITY RESIDENTIAL DISTRICT TO AN R-1-3 SINGLE FAMILY HIGH DENISTY RESIDENTIAL DISTRICT. PROPERTY CONSISTS OF +/- 8.6 ACRES LOCATED ON THE WEST SIDE OF LUCAS FERRY ROAD, +/- 1300 FEET NORTH OF THE INTERSECTION OF SANDERFER ROAD WEST AND LUCAS FERRY, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2019 - 2089 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 Low Density Residential District to an R-1-3 Single Family High Density Residential 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 “an R-1-3 Single Family High Density Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 3 SOUTH, RANGE 5 WEST, LIMESTONE COUNTY, ALABAMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING RAILROAD SPIKE AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE RUN ALONG THE EASTERN BOUNDARY OF THE SOUTHWEST QUARTER OF SAID SECTION NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST AT A DISTANCE OF 1112.93 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID BOUNDARY RUN NORTH 89 DEGREES 06 MINUTES 05 SECONDS WEST AT A DISTANCE OF 500.07 FEET TO A POINT; THENCE RUN NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST AT A DISTANCE OF 750.51 FEET TO A POINT; THENCE RUN SOUTH 88 DEGREES 48 MINUTES 58 SECONDS WEST AT A DISTANCE OF 500.11 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 00 MINUTES 02 SECONDS EAST AT A DISTANCE OF 748.02 FEET AND BACK TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 8.6 ACRES, MORE OR LESS. ADOPTED and APPROVED this, the 22nd day of July, 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 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 Travis 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 zoning application for the sale of alcohol by Mozza Pizzeria & Sports Bar. No one spoke in favor of or against. Greg Skipworth, 17530 Springview Drive, Athens, addressed the Council regarding the tremendous growth our community is experiencing. He encouraged them to manage and stay ahead of the growth, particularly concerning the students in the Athens City Schools system. He urged them to plan carefully in order to be able to absorb the growth as it occurs. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to appoint Sally Marks to the Athens Historic Preservation Commission for a three year term, expiring July 22, 2022. The motion was seconded by Councilman Seibert 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 authorize the Water Services Department to purchase a John Deere Mini Excavator for the Water Department from TRIGREEN Equipment, LLC. in accordance with the quote of $59,382.70. The motion was seconded by Councilman Seibert 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 personnel from the City Clerk’s Office. Lisa Brooks Mileage - Field Audits $ 21.02 May 29, 2019 – June 18, 2019 Lisa Brooks Alabama Municipal Revenue Officers Association Summer Training Conference July 8, 2019 – July 10, 2019 Mobile, Alabama $ 709.40 The motion was seconded by Councilman Seibert 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: Harold Wales $417.89 Electric Cities Annual Conference-Gulf Shores, AL Frank Travis $386.92 Electric Cities Annual Conference-Gulf Shores, AL The motion was seconded by Councilman Seibert 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 Gas Department in the following amount: Chris Seibert ANGA Annual Conference $1,003.64 Orlando, Florida June 9-12, 2019 The motion was seconded by Councilman Seibert 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 the purchase of a 2019 Yanmar VIO55-6ab and a 2019 Yanmar VIO35-6ab in the amount of $104,796 to Vermeer Southeast in Birmingham, Alabama. 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 amend the City of Athens Bituminous Plant Mix Paving Contract with Reed Contracting Services to mill and pave in multiple districts, as listed below. This project shall be funded from the Capital Infrastructure Project Fund, at an approximate cost of $615,000. District 1 Walnut St Holland & East (Plantation Way &Carriage Dr) District 2 Winged Foot Ln Hazeltine Dr Winged Foot Ln-Piney Creek Int. to Cherry Hill District 3 South Side Subdivision Sommers South Subdivision Bonnie Doone Estate Subdivision Judy Drive District 4 Dara St Oakwood & Bates Subdivision Barbara Street Wayne St Pat St District 5 Henry Dr Airport Subdivision Hobbs St-Horton Intersection to Malone Sanders St Malone St Councilmember Harper 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 Travis 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. At the July 15, 2019 Council meeting, a resolution was made for “Introduction Only” by Councilman Harper. The resolution related to paving in the area of the Athens Square. President Wales called for a second of that resolution, but the resolution failed for lack of a second. Instead, 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 issue a task order to Reed Contracting per the annual Bituminous Asphalt Bid of 2017 to pave the following: 1. Hobbs Street- from Jefferson Street to Madison Street 2. Jefferson Street- from Hobbs Street to Washington Street 3. Washington Street- from Jefferson Street to Railroad Tracks 4. Marion Street- From Green Street to Market Street 5. Market Street-From Jefferson Street to Marion Street at an approximate cost of $300,000. This project shall be funded from the funds set aside in 2010 for the Highway 72 Widening Project. 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 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. * * * 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

July 22 , 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 – Frank Travis 4. PLEDGE OF ALLEGIANCE – Mayor Marks 5. APPROVAL OF CITY COUNCIL MINUTES: 07-15-19 6. APPROVAL OF WORK SESSION MINUTES: 07-15-19 7. APPROVAL OF SPECIAL CITY COUNCIL MINUTES: 8. REPORTS OF STANDING COMMITTEES: 9. REPORTS OF SPECIAL COMMITTEES: 10. REPORT OF OFFICERS: A. MAYOR 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 in regards to vacating a certain public alleyway near Market Street Church of Christ. - Shane Black 11A. - Resolution vacating a certain public alleyway near Market Street Church of Christ. – Shane Black PH.2. - A public hearing to hear comments in regards to rezoning property for Terrell Carden from an R-1-1 Single Family Low Density Residential District to an R-1-3 Single Family High Density Residential District, located on Quinn Road, directly south of 17745 Quinn Road. – James Rich 11B. - Ordinance to rezone property for Terrell Carden from an R-1- 1 Single Family Low Density Residential District to an R-1-3 Single Family High Density Residential District, located on Quinn Road, directly south of 17745 Quinn Road. – James Rich PH.3. - A public hearing to hear comments in regards to annexing and rezoning property for Lucas Ferry Properties, LLC. located on the west side of Lucas Ferry Road, +/- 1300 feet north of the intersection of Sanderfer Road West and Lucas Ferry. – James Rich 11C. - Ordinance to annex property for Lucas Ferry Properties, LLC. located on the west side of Lucas Ferry Road, +/- 1300 feet north of the intersection of Sanderfer Road West and Lucas Ferry. – James Rich 11D. - Ordinance to rezone property for Lucas Ferry Properties, LLC. from an R-1-1 Single Family Low Density Residential District to an R-1-3 Single Family High Density Residential District, located on the west side of Lucas Ferry Road. – James Rich PH.4. - A public hearing concerning the zoning application for the sale of alcohol by Mozza Pizzeria & Sports Bar. – Stephanie Marlowe 12. READING OF PETITIONS, APPLICATIONS, COMPLAINTS, APPEALS, ETC. 13. RESOLUTIONS, ORDINANCES, ORDERS AND OTHER BUSINESS . CONSENT CALENDAR A. Resolution to appoint Sally Marks to the Athens Historic Preservation Commission for a three year term, expiring July 22, 2022. – James Rich B. Resolution to authorize the Water Services Department to purchase a John Deere Mini Excavator from TRIGREEN Equipment, LLC. – Betty Kiep C. Resolution to approve travel expenses for the City Clerk’s Office. – Annette Barnes D. Resolution to approve travel expenses for the Electric Department. – Blair Davis REGULAR CALENDAR E. Resolution to amend the City of Athens Bituminous Plant Mix Paving Contract with Reed Contracting Services to mill and pave in multiple districts. – James Rich F. Resolution to amend the City of Athens Bituminous Plant Mix Paving Contract with Reed Contracting Services to mill, pave, and stripe around the square. – James Rich 14. ADJOURNMENT

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