City Council

January 25, 2021 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, Athens, Alabama, on January 25, 2021 at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Wayne Harper, Frank Travis, Dana Henry and Harold Wales. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. Athens Bible School Boy Scout Troop 221 joined Mayor Marks in leading the Pledge of Allegiance. The members are: Andrew Paul, Titus Davis, Jackson Britnell, Eli Britnell, Isaac Britnell, Jaden Ruf, Jonas Ruf, Hunter Laney, Ast. Scout Master Justin Ruf, and Ast. Scout Master James Paul of the Athens Bible School Boy Scout Troop 221. The Chairperson stated that the Minutes of the January 11, 2021 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 11, 2021 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 commented on the success of the virtual Martin Luther King, Jr. celebration held on Monday, January 18th, 2021, and expressed his appreciation for the work done by the Committee organizing the event. He then introduced David Malone. Mr. Malone stated that the late City Councilman, Jimmy Gill, formed the Lincoln-Bridgeforth Park Committee over twenty years ago. He stated that this Committee has two major functions each year with the first being the Christmas Tree Lighting and toy giveaway at Lincoln-Bridgeforth Park and the second being the MLK, Jr. event held at the Sweet Home Missionary Baptist Church. Mr. Malone stated that during the annual MLK, Jr. event, the Committee presents an award in honor of Dr. C. Eric Lincoln. Mr. Malone then recognized City Attorney, Shane Black, as the recipient of this year’s Dr. C. Eric Lincoln Humanitarian of the Year Award for his dedicated service to the Lincoln-Bridgeforth Park Committee and to the community and presented Mr. Black with the award. Mayor Marks then remarked that February is Black History Month and that there are several special events going on and encouraged everyone to participate. Councilman Wales expressed his appreciation to everyone for their phone calls, emails and prayers during his recent surgery and stated he was happy to be back tonight. Councilman Travis commented on the trip he and other members of the Council took today to the grand opening of the Buc- ee’s in Leeds, Alabama He stated that the location of a Buc-ee’s in Athens will really make a difference in our community when it opens in the next thirteen to eighteen months. A public hearing was held to hear comments concerning an ordinance to confirm zoning, zone, and rezone property for Red Stick Partners, LLC such that all is zoned in the B-2 General Business District, located on the south side of Huntsville Brownsferry Road, east of Interstate 65, west of Dogwood Flat Road. No one spoke in favor of or against. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO CONFIRM ZONING, ZONE, AND REZONE PROPERTY FOR RED STICK PARTNERS, LLC SUCH THAT ALL IS ZONED IN THE B-2 GENERAL BUSINESS DISTRICT, PROPERTY CONSIST OF +/- 73.09, +/- 29, and +/- 33.78 ACRES, RESPECTIVELY, LOCATED ON THE SOUTH SIDE OF HUNTSVILLE BROWNSFERRY ROAD, EAST OF INTERSTATE 65, WEST OF DOGWOOD FLAT ROAD, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 - 2149 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, to: (1) confirm zoning as B-2 General Business District, (2) zone annexed property into the B-2 General Business District, and (3) rezone from an R-1-1 Low Density Single Family Residential District to a B-2 General Business District, with respect to the hereinafter described areas. 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 that “The Zoning Ordinance of the City of Athens, Alabama,” and all zoning maps related thereto, should be amended so as to confirm the zoning of the hereinafter described area as B-2 General Business District. All of the hereinafter described area or real estate is hereby confirmed to be zoned as B-2 General Business District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: (This is the same area as described within Ordinance Number 2020-2142 adopted on 30th day of October, 2020.) Attached hereto marked as Exhibit 1 is a map of said territory showing its relations to the corporate limits of the City of Athens, Alabama, and zoning, which said map is further identified as being entitled as “Redstick Partners Confirm, Zoning, and Rezoning Property”. On Exhibit 1, the above described area is labeled with “Confirm”. Section 2. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” and all zoning maps related thereto, should be amended so as to zone the hereinafter described area in the B-2 “General Business District”. All of the hereinafter described area or real estate is hereby zoned as B-2 General Business District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: TRACT 1 LESS AND EXCEPT THE FOLLOWING AND (b) That portion of Tract 1 that lies within 500 feet of Huntsville-Brownsferry Road, on its south side (as such property already lies within the corporate limits of the City of Athens, Alabama). (This is the same area as described within Ordinance Number 2020-2142 adopted on 30th day of October, 2020.) On Exhibit 1, the above described area is labeled with “Zone”. SECTION 3. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” and all zoning maps related thereto, should be amended so as to rezone the hereinafter described area from the R- 1-1 Low Density Single Family Residential District to the B-2 “General Business District”. All of the hereinafter described area or real estate is hereby zoned B-2 General Business District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract of land lying in the West One-half of Section 2 and in the East One-half of Section 3, all in Township 4 South, Range 4 West, Limestone County, Alabama, and being more particularly described as follows, Commence at an existing railroad spike at the Northwest corner of said Section 2, said railroad spike being the Point of True Beginning of the tract herein described, Thence from the Point of True Beginning South 89 degrees 10 minutes 34 seconds East (Alabama State Plane Coordinates – West Zone – NAD 83) along the north boundary of said Section 2, also being along the centerline of Huntsville-Brownsferry Road a distance of 460.00 feet to point, Thence South 01 degrees 02 minutes 30 seconds West a distance of 324.04 feet to a point, Thence South 89 degrees 10 minutes 34 seconds East a distance of 374.96 feet to point, Thence North 01 degrees 02 minutes 30 seconds East a distance of 324.04 feet to a point on the north boundary of said Section 2, Thence South 89 degrees 10 minutes 34 seconds East along the north boundary of said Section 2, also being along the centerline of Huntsville-Brownsferry Road a distance of 204.95 feet to a point, Thence South 01 degrees 02 minutes 19 seconds West a distance of 324.04 feet to a point, Thence South 89 degrees 10 minutes 34 seconds East a distance of 680.02 feet to a point, Thence North 01 degrees 02 minutes 19 seconds East a distance of 324.04 feet to a point on the north boundary of said Section 2, said point also being in the centerline of Huntsville-Brownsferry Road, Thence South 89 degrees 10 minutes 34 seconds East along the north boundary of said Section 2, also being along the centerline of Huntsville-Brownsferry Road a distance of 934.99 feet to a point at the Northeast corner of the Northwest Quarter of said Section 2, said point located 10.7 feet west of the centerline of the intersection of said Huntsville-Brownsferry Road and Dogwood Flat Road, Thence South 00 degrees 47 minutes 31 seconds West along the east boundary of the Northwest Quarter of said Section 2, also being within the right-of-way of Dogwood Flat Road, a distance of 500.00 feet to a point, Thence North 89 degrees 10 minutes 34 seconds West, being 500 feet south of and parallel with the north boundary of said Section 2 a distance of 2657.09 feet to a point on the west boundary of said Section 2,  Thence North 89 degrees 07 minutes 15 seconds West, being 500 feet south of and parallel with the north boundary of Section 3, Township 4 South, Range 4 West, a distance of 1023.60 feet to point on the east right-of-way of Interstate Highway No. 65, Thence North 10 degrees 03 minutes 42 seconds East a distance of 253.00 feet to point on the eastern right-of-way of said Interstate Highway No. 65, Thence North 31 degrees 49 minutes 48 seconds East a distance of 116.99 feet to a point on the eastern right-of-way of said Interstate Highway No. 65, Thence North 00 degrees 23 minutes 39 seconds West a distance of 149.94 feet to point on the north boundary of said Section 3, Thence South 89 degrees 07 minutes 15 seconds East along the north boundary of said Section 3 a distance of 927.81 feet to the Point of True Beginning and containing 33.78 acres, more or less. On Exhibit 1, the above described area is labeled with “Rezone”. ADOPTED this the 25th day of January, 2021. /s/ Wayne Harper 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 Wales 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, Henry 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Jerry Heiman, 22529 Lockmeer Boulevard, Linton Estates, Athens, addressed the Council regarding a beaver problem that she has been working on with the City’s Street Department for the past two months. She stated that the beavers are blocking the drainage under the city streets, which has created an issue of standing water in her yard. She stated that there are two issues: (1) how to address the standing water and drainage issues while waiting for the trappers to catch the beavers and (2) the additional drainage issues caused by the change in the slope of the land due to the construction of additional homes in the adjoining neighborhood. Councilman Seibert asked for comment from the City’s Engineering Department. Michael Griffin, City Engineer, stated that he has been working with some of the other residents in this neighborhood on this issue. He stated that he would look at the drainage design in all three neighborhoods and will try to develop a solution to the beaver problem and how to address the drainage issues as efficiently as possible. Councilman Seibert 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 following personnel from the Fire Department. Brett Mansfield Confined Space Rescue Class $ 34.20 November 2, 3, 5, 6, 2020 Florence, AL William T McCravy Confined Space Rescue Class $ 45.70 November 2, 3, 5, 6, 2020 Florence, AL Jacob Young Confined Space Rescue Class $ 38.57 November 2, 3, 5, 6, 2020 Florence, AL The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of February 22, 2021 to review the request of Mark Durm to annex +/- 356.19 acres of property located southwest of Edgewood Road, northeast of Alabama Highway 99 , east of Easter Ferry Road, south of Sewell Road at the northwest corner of the City Limits, and to zone property into an EST Estate Residential and Agricultural District. 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 purchase of a D24X40 Navigator for the Gas Department in the amount of $293,985.00. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a public hearing on February 8, 2021, at 5:30 p.m. at its regular meeting at Athens City Hall regarding application to ADECA for a Community Development Block Grant for sewer extension to I-65 and Huntsville Brownsferry Road. The motion was seconded by Councilman Travis and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to designate the following two dates as additional holidays for calendar year 2021.  Monday, February 15, 2021, President’s Day  Friday, April 2, 2021, Good Friday The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 - 1730 A RESOLUTION CONCERNING 2020-21 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES – ATHENS-LIMESTONE CHILDREN’S ADVOCACY CENTER, INC. WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on the item listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 25, 2021 at 5:30 p.m., as follows:  The Mayor or City Clerk is authorized to expend up to $10,000 in connection with operating costs of the Athens- Limestone Children’s Advocacy Center. ADOPTED this the 25th day of January, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry 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 Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2021 - 1731 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor on behalf of the City to enter into a contract with Town Planning & Urban Design Collaborative LLC (TPUDC) to lead the effort with the update of the City of Athens Comprehensive Plan, funds will jointly come from the General Fund and Athens Utility’s with an amount not to exceed $250,000. APPROVED, this the 25th day of January, 2021. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA 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, Henry 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 Wales 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2021 - 2150 AN ORDINANCE TO REGULATE ENGINE COMPRESSION BRAKES (“JAKE BRAKES”) BE IT ORDAINED by the City Council of the City of Athens, Alabama, as follows:  Section 1. Chapter 46 of the Code of Ordinances, City of Athens, Alabama, is hereby amended to add a new Section 46-6 that reads as follows: Sec. 46-6. Jake Brakes. (a) Definitions. The following phrases shall have the following meanings for purposes of this Section: Engine compression brake shall mean any device that utilizes compression and/or rapid release of compressed air in the cylinders of diesel engines to slow or retard vehicle speed. Noise baffling device shall mean a properly functioning muffler or engine exhaust silencer that eliminates the offensive and disturbing noise caused by use of engine compression brakes. The muffler or engine exhaust silencer must reduce the noise to levels meeting vehicle noise emission standards set or authorized by the Noise Control Act (42 U.S.C. §4901 et seq.) and the United States Environmental Agency, and must also comply with all other federal, state, or local laws and regulations relating to vehicle noise levels. Public safety vehicle shall mean any vehicle operated by the Athens Fire Department or the Athens Police Department, or any other vehicle included in the definition of "authorized emergency vehicles" as provided in Ala. Code (1975) § 32-1-1.1, as amended. (b) It shall be unlawful for the operator of a motor vehicle to engage or allow to be engaged, operate, or use an engine compression brake while the vehicle is operated on any public roadway within the corporate limits of Athens. (c) This Section shall not apply to operators of any of the following: (1) A public safety vehicle. (2) A vehicle involved in an emergency not caused by the operator of the vehicle utilizing the engine compression brake, wherein the operator reasonably believes that use of the engine compression brake is necessary to avoid or mitigate an accident or collision. (3) A vehicle equipped with a noise baffling device. A law enforcement officer or other competent witness may give opinion evidence based on personal observation as to whether a vehicle had a properly functioning noise baffling device. (d) The City is authorized, but is not required, to place traffic control devices in appropriate locations to supplement enforcement of this Section. Section 2. Repealer. All ordinances or parts of ordinances heretofore adopted by the City Council of the City of Athens, Alabama, that are inconsistent with the provisions of this Ordinance are hereby expressly repealed. Section 3. Severability. The provisions of this Ordinance are severable, and if any provision of this Ordinance shall be found to be invalid, the remaining provisions shall not be affected, but shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall become effective upon its passage and publication as provided by law. ADOPTED this the 25th day of January, 2021. /s/ Wayne Harper 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 Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry 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 Wales 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, Henry 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 2021 - 1732 WHEREAS, The Alabama Department of Transportation (“ALDOT”) has requested the City of Athens, Alabama to execute a permit for the installation of a new traffic signal at the U.S. Highway 31 and proposed retail/Athens Middle School (Black & Gold) intersection as well as the modification of the existing traffic signal located at the U.S. Highway 31 and Hobbs Street/Athens Middle School (Sam Drive) intersection pursuant to Exhibit A attached hereto, and WHEREAS, The City Council has considered the request of the ALDOT to authorize the Mayor to enter into an agreement to permit the installation and modification of the traffic signals as identified hereinabove. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama, at a regular meeting, duly assembled, a quorum being present, as follows: 1. That the Mayor and City Clerk are hereby authorized to execute the permit (Exhibit A) with the Alabama Department of Transportation to permit the following: a. Installation of a new traffic signal at the U.S. Highway 31 and proposed retail/Athens Middle School (Black & Gold) intersection; and b. Operation and maintenance of a new traffic signal at the U.S. Highway 31 and proposed retail/Athens Middle School (Black & Gold) intersection. c. Modification of the existing traffic signal at the U.S. Highway 31 and Hobbs Street/Athens Middle School (Sam Drive) intersection; and d. Operation and maintenance of the existing traffic signal at the U.S. Highway 31 and Hobbs Street/Athens Middle School (Sam Drive) intersection. 2. That the Mayor and City Clerk are authorized to execute any documents necessary to permit the installation of the new traffic signal and the modification of the existing traffic signal provided herein above as required by the Alabama Department of Transportation. 3. That this resolution shall become effective immediately upon its adoption by the City Council of the City of Athens, Alabama. ADOPTED this the 25th day of January, 2021. /s/ Wayne Harper 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 Wales 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 Mayor to enter into agreements with the Alabama Department of Transportation for right-of-way maintenance, in regards to the “Plans for Proposed Project Various Roadway Improvements on US Highway 31 (AL-003) including work at the following locations: 1) Hobbs Street and US-31 (AL-003) Intersection 2) Black and Gold Drive and US-31 (AL-003) Intersection 3) Right- in/Right-out, US-3 1 (AL-003) Mile Post No. 372.50 and 4) Hobbs Street”. -Maintenance of sidewalks along the west side of US-31 (SR-3) for Hobbs Street and AL-003 Intersection, Black and Gold Drive and AL-003 Intersection, Hobbs Street to Black and Gold Drive Intersection -Maintenance of the right-of-way on the roadside for Hobbs Street and AL-003 Intersection, Black and Gold Drive and AL- 003 Intersection, Hobbs Street to Black and Gold Drive Intersection The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2020 budget amendments:  Contribution to Retirement Systems of Alabama Toward Unfunded Pension Liability $ 500,000  Capital Expenditure Fund – Departmental Capital Requests TBD $ 1,700,000 The funding for these expenditures will be from the FY 2020 general fund budget surplus through a 9/30/2020 budget amendment to the following line items: 100.510.80203 thru 100.520.80203 – Retirement Expense $ 500,000 100.527.90112 – Transfers Out – Capital Expenditure Fund $ 1,700,000 The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2021 - 1733 WHEREAS, the City of Athens has received a grant from the Tennessee Valley Authority (TVA) InvestPrep program, and WHEREAS, the project will be referred to as the North Breeding Industrial Park Expansion, and WHEREAS, the scope and purpose of this project is for tree removal, rough grading a 400,000 SQ FT building pad, and construction of a gravel road, and  THEREFORE, the City of Athens has advertised and received bids from qualified contractors to construct the above-referenced Project. NOW, THEREFORE, be it resolved that the City of Athens has received bids on this project and only received one bid from interested contractors, Grayson Carter and Son Construction, Incorporated; and THAT, William R. Marks, Mayor, is hereby authorized to enter into a contract on behalf of the City of Athens with Grayson Carter and Son Construction, Incorporated in the amount of $290,145.58 to construct the base and alternate one of the project. READ AND ADOPTED this the 25th day of January 2021. /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 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, Henry 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 Henry 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 - 1734 WHEREAS, City of Athens acting by and through its City Council proposes to apply for Community Development Block Grant (CDBG) and Appalachian Regional Commission (ARC) Grant funds to extend sanitary sewer service to the Buc-ee’s locating at the I-65 Exit 347 Huntsville-Browns Ferry Road Interchange. THEREFORE, be it resolved by the City Council of Athens, Alabama, as follows: THAT, WILLIAM R. MARKS, MAYOR, is hereby authorized to execute and submit an application with appropriate assurances to the State of Alabama, Department of Economic and Community Affairs, requesting Fiscal Year 2021 CDBG funds in the amount of $500,000.00 and ARC funds in the amount of $750,000.00 to implement the I-65 Exit 347 Huntsville- Browns Ferry Road Interchange Sewer Line Extension Project; and THAT, THE CITY OF ATHENS will provide a local cash match of $2,826,160.00 in support of this project. READ AND ADOPTED this the 25th day of January 2021. /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 Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Albert Hogan, Jr. as Fire Chief through the first organizational meeting November of 2024. Prior to the Council vote, Mayor Marks thanked the City Council for their work in selecting the new Fire Chief and expressed his appreciation to the entire Fire Department and especially to Interim Fire Chief, James Hand, who stepped in to manage the department until a new Fire Chief could be named. Council President Harper then thanked Human Resource Director, Marsha Sloss, for her work in the selection process. The motion was then seconded by Councilman Seibert and was unanimously carried. * * * There being no further business to come before the meeting, Council President Harper asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK