City Council

February 8, 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 February 8, 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. Mayor Marks was absent. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Harold Wales offered the invocation. City Attorney, Shane Black, led the Pledge of Allegiance. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the January 25, 2021 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 Wales and was unanimously carried. The Chairperson stated that the Minutes of the January 25, 2021 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 Wales and was unanimously carried. Councilman Seibert congratulated the Athens Middle School Cheerleaders on their recent title as State Champions for the second year in a row. He also extended his congratulations to the Athens High School Cheerleaders, who finished second in the State competition. Councilman Henry recognized the District 4 County Commission Community Trash Pickup Project that was held over the weekend and commented on the amount of trash that was picked up in just that area of the county. She encouraged everyone to pay attention to the trash in their own neighborhoods, where they work and travel and to “adopt a spot” in those areas to pick up the trash and to help clean up our city. Council President Harper echoed Mr. Seibert’s remarks in congratulating the Athens Cheerleaders on their accomplishments at the State competition. A public hearing was held to hear comments concerning the zoning approval for the sale of alcohol by Cracker Barrel Old Country Store, Inc., dba: Cracker Barrel #97. No one spoke in favor of or against. A public hearing was held to hear comments concerning the zoning approval for the sale of alcohol by Neighborhood Shelves, LLC, dba: Sav A Lot. John Hammons, 301 North Madison Street, Athens, and owner of Town and Country Animal Hospital, addressed the Council. He stated that although he is not opposed to the sale of alcohol at this location, he is concerned about the potential for additional litter. He stated that he currently has problems with empty boxes and litter from behind the stores located in this shopping center, which is adjacent to his veterinary office, blowing onto his property and into the adjacent creek. A public hearing was held to discuss the FY 2021 Community Development Block Grant program administered through ADECA, and its intention to apply for CDBG funding for projects, such as: 1) sanitary sewer extension to the future Buc- ee’s site at I-65 and Huntsville Brownsferry Road and 2) Vine Street drainage project. Holly Hollman, Communications Specialist and Grant Coordinator for the City, clarified that ADECA requires an annual public hearing to hear comments regarding any CDBG grant applications the City plans to submit. She further stated that the City intends to submit grant applications for the extension of sanitary sewer service to the I-65 and Huntsville Brownsferry Road location and for a drainage improvement project on Vine Street. A public hearing was held to hear comments concerning the rezoning of property for Growl, LLC to rezone +/-0.455 acres at 1432 Freeman Avenue, located on the south side of Freeman Avenue, west of Bolyn Street, from M-1 Light Industrial District to B-2 General Business District. Michael Griffin, City Engineer, reported that the City’s Planning Commission has heard this rezoning request and recommends that the Council approve the request as presented. Eli Christopher, 617 Box Street, Athens, addressed the Council. He stated that he and his father have an ownership interest in property located at the corner of Highway 31 and Freeman Avenue, which is located within 500 feet of the property to be rezoned. He expressed his concern for the potential devaluing of their property if he and his father decide to sell the property for a use that is in conflict with the restrictions on businesses located within 500 feet of a church. Al Bush, 1421 Redbud Street, Athens, spoke in favor of the rezoning request. He stated that although he has been involved in making improvements to the building so it can be used as a church, he would not be opposed to the sale of alcohol from surrounding businesses. He expressed his appreciation to the Council in consideration of the rezoning request. Councilman Seibert asked the City Engineer, Michael Griffin, if the Council could make an exception to the 500 foot rule for the sale of alcohol for a business who applies for an alcohol license subsequent to the Council’s granting this rezoning request if all parties were in agreement. Mr. Griffin state that Council could grant such a request. Councilman Wales introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR GROWL, LLC TO REZONE +/- 0.455 ACRES AT 1432 FREEMAN AVENUE, LOCATED ON SOUTH SIDE OF FREEMAN AVENUE WEST OF BOLYN STREET, FROM M-1 LIGHT INDUSTRIAL DISTRICT TO B-2 GENERAL BUSINESS DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 -2151 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 M-1 Light Industrial District to a B- 2 General Business 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 “General Business 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 B-2 General Business District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract or parcel of land being a part of Lot 7 of the Athens Industrial Park Subdivision as shown by map or plat of said subdivision recorded in the Office of the Judge of Probate of Limestone County, Alabama, in Plat Book C, Page 78, being more particularly described as follows, Beginning at an iron pin at the Northeast corner of said Lot 7, being at the Southwest corner of the intersection of Freeman Avenue and Bolyn Street, and run thence South 79 degrees 00 minutes 00 seconds West along the South right-of-way margin of Freeman avenue a distance of 132.96 feet to an iron pin, the Point of True Beginning of the Tract herein described; thence from the Point of True Beginning south 03 degrees 17 minutes 07 seconds East a distance of 154.71 feet to an iron pin; thence South 88 degrees 10 minutes 00 seconds West a distance of 137.89 feet to an iron pin; thence North 03 degrees 17 minutes 07 seconds West a distance of 132.54 feet to an iron pin on the South right-of-way margin on Freeman Avenue; thence North 79 degrees 00 minutes 00 seconds East along the South right-of-way  margin of said Freeman Avenue a distance of 139.12 feet to the Point of True Beginning and containing 0.455 acres, more or less. ADOPTED this the 8th day of February, 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 Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 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 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 ordinance had been unanimously carried. Prior to casting his vote in favor of the rezoning request, Councilman Travis commented that he didn’t want to give the wrong impression that the Council would be able to make an exception to the sale of alcohol in similar situations without making changes to the City’s existing ordinances. A public hearing was held to hear comments concerning the rezoning of property for Billy Joe Strain to rezone +/-31.0 acres of property at the northeast corner of Strain Road and U.S. Highway 31 from EST Estate Residential and Agricultural District to R-1-3 High Density Single Family Residential District. Michael Griffin, City Engineer, reported that the City’s Planning Commission has heard this rezoning request and recommends that the Council approve the request as presented. Councilman Travis introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR BILLY JOE STRAIN TO REZONE +/- 31.0 ACRES OF PROPERTY AT THE NORTHEAST CORNER OF STRAIN ROAD AND US HIGHWAY 31 FROM EST ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R-1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 - 2152 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 EST Estate Residential and Agricultural District to an R-1-3 High Density Single Family 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 “General Business 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 R-1-3 High Density Residential District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF HELON ESTATES AS RECORDED IN PLAT BOOK J PAGE 177 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA; THENCE RUN SOUTH 86°46'37" EAST ALONG A FENCE LINE AT A DISTANCE OF 426.24 FEET TO A CAPPED IRON PIN; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 84°02'37" EAST AT A DISTANCE OF 469.29 FEET TO A POINT; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 01°45'25" WEST AT A DISTANCE OF 284.15 FEET TO A 5/8” REBAR; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 00°46'06" WEST AT A DISTANCE OF 787.07 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED TRACT: THENCE FROM THE POINT OF BEGINNING CONTINUE SOUTH 00°46'06" WEST AT A DISTANCE OF 1177.34 FEET TO A POINT ON THE NORTHERN RIGHT-OF-WAY FOR STRAIN ROAD; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH 88°40'27" WEST AT A DISTANCE OF 317.99 FEET TO A 5/8” REBAR; THENCE LEAVING SAID RIGHT-OF-WAY RUN NORTH 03°43'55" EAST AT A DISTANCE OF 49.86 FEET TO A 5/8” REBAR; THENCE RUN NORTH 86°37'48" WEST AT A DISTANCE OF 51.53 FEET TO A POINT; THENCE RUN SOUTH 02°04'18" WEST AT A DISTANCE OF 51.04 FEET TO A 5/8” REBAR ON THE NORTHERN RIGHT-OF-WAY FOR STRAIN ROAD; THENCE CONTINUE ALONG SAID RIGHT- OF-WAY NORTH 87°46'50" WEST AT A DISTANCE OF 229.64 FEET TO A POINT; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH 87°32'53" WEST AT A DISTANCE OF 214.40 FEET TO A POINT; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 8847.58 FEET, AN ARC LENGTH OF 279.43 FEET, A CHORD BEARING OF NORTH 88°34'33" WEST, AND A CHORD LENGTH OF 279.42 FEET TO A POINT; THEN CONTINUE ALONG SAID RIGHT- OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2573.78 FEET, AN ARC LENGTH OF 194.24 FEET, A CHORD BEARING OF SOUTH 88°34'30" WEST, AND A CHORD LENGTH OF 194.20 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY FOR US HIGHWAY 31; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH 00°26'23" EAST AT A DISTANCE OF 820.00 FEET TO A POINT; THENCE RUN SOUTH 89°33'37" EAST AT A DISTANCE OF 130.77 FEET TO A POINT; THENCE RUN WITH A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 136.27 FEET, A CHORD BEARING OF NORTH 67°28'30" EAST, AND A CHORD LENGTH OF 132.66 FEET TO A POINT; THENCE RUN NORTH 44°30'37" EAST AT A DISTANCE OF 284.57 FEET TO A POINT; THENCE RUN SOUTH 45°29'23" EAST AT A DISTANCE OF 74.88 FEET TO A POINT; THENCE RUN WITH A CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET, AN ARC LENGTH OF 113.98 FEET, A CHORD BEARING OF SOUTH 67°47'29" EAST, AND A CHORD LENGTH OF 111.26 FEET TO A POINT; THENCE RUN NORTH 00°26'23" EAST AT A DISTANCE OF 96.52 FEET TO A POINT; THENCE RUN NORTH 44°30'37" EAST AT A DISTANCE OF 109.23 FEET TO A POINT; THENCE RUN SOUTH 89°33'37" EAST AT A DISTANCE OF 608.10 FEET AND BACK TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31.0 ACRES, MORE OR LESS. ADOPTED this the 8th day of February, 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 Henry 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 Travis thereupon moved that the ordinance be finally adopted, 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 announced that the motion for the adoption of the said ordinance had been unanimously carried. Greg Skipworth, 17530 Springview Drive, Athens, addressed the Council concerning the continued approval of R13 residential developments. He urged the Council to consider banning or limiting additional R13 zoning, cautioning that we are approaching our build out capacity for roads, sewer, schools, etc. He stated that the City doesn’t want to have the same problems the City of Madison is having with the overindulgence in residential overdevelopment at the cost of business and industrial development. Councilman Seibert stated that he does not disagree with Mr. Skipworth’s remarks and stated that the City does have to be mindful and cautious of the issues related to overdevelopment. He as City Engineer, Michael Griffin, if those factors are taken into account before developments are brought to the Council for consideration. Mr. Griffin stated that the price of accepting any new residential development will be paid in eighteen years when the roads and sidewalks will have to be repaved and repaired. He commented that the comprehensive master plan, which is currently being revised, will address the issue. 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 8, 2021 to review the request of Harry Neal Wakeham to rezone property at 22973 US Highway 72, located on the north side of US Highway 72, west Sweetland Road, parcel number 44-10-06-14-0-000-083.004, from R- 1-1 Low Density Single Family Residential District to B-2 General Business District. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION WHEREAS, on January 13, 2020, the City Council approved a FY 2019 budget amendment to appropriate $1,650,000 for capital expenditures, of which $950,000 was allocated to the Public Works Department, leaving an unallocated balance of $700,000; and WHEREAS, on January 27, 2020, the City Council allocated $53,515.80 of the $700,000 balance to the Public Works Department to fund Aerial Photography Services for the GIS Consortium, leaving an unallocated balance of $646,484.20; WHEREAS, on March 10, 2020, the City Council allocated $320,000 of the $646,484.20 balance to the Information Technology and Cemetery, Parks and Recreation Departments, leaving an unallocated balance of $326,484.20; WHEREAS, on March 23, 2020, the City Council allocated $200,000 of the $326,484.20 balance to the Police Department, leaving an unallocated balance of $126,484.20; WHEREAS, on July 20, 2020, the City Council allocated $30,700 of the $126,484.20 balance to the Information Technology Department, leaving an unallocated balance of $95,784.20; WHEREAS, on September 14, 2020, the City Council allocated $30,151 of the $95,784.20 balance to the Fire Department, leaving an unallocated balance of $65,633.20; WHEREAS, on November 9, 2020, the City Council allocated $15,955 of the $65,633.20 balance to the IT Department, leaving an unallocated balance of $49,678.20; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate a portion of the remaining FY 2019 capital appropriation as follows: Public Works Department $ 26,961 Councilmember Henry 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 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 Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase one (1) 2021 Chevrolet 1500 Silverado extended cab pick-up truck for the building inspection department. This purchase will be made from the State of Alabama Bid List from Larry Puckett Chevrolet, Prattville, AL at a cost not to exceed $26,961. Funding for this purchase will be from the unallocated fiscal year 2019 general fund surplus. 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 ATHENS, ALABAMA, to adopt the attached revised organizational chart for the Cemeteries, Parks, and Recreation Department, which includes the following 33 positions: 1. Director of Cemeteries, Parks, and Recreation 2. Recreation Programs Administrator 3. Administrative Assistant 4. Cemetery Coordinator 5. Facilities Maintenance Supervisor 6. Maintenance Technicians (3 positions) 7. Recreation Services Supervisor 8. Lead Recreation Coordinator 9. Recreation Coordinators (5 positions) 10. Recreation Clerks (2 positions) 11. Cemetery Services Supervisor 12. Cemetery Equipment Operators (4 positions) 13. Assistant Foreman, Park Services 14. Parks Grounds Equipment Operators (7 positions) 15. Mechanic 16. Part-time Recreation Assistant The motion was seconded by Councilwoman Henry and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the following job description for the Cemeteries, Parks, and Recreation Department:  Lead Recreation Coordinator; Job description created 01/15/2021 The motion was seconded by Councilman Travis and was unanimously carried. Councilwoman Henry introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2021 - 2153 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 02/08/2021 Add the following job title to the list of classified positions: (1) Lead Recreation Coordinator, Grade 9, CPR Department 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, 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 Henry thereupon moved that the ordinance be finally adopted, 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 announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION WHEREAS, on January 25, 2021, the City Council approved a FY 2020 budget amendment to appropriate $1,700,000,000 for capital expenditures, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate $297,742 of the FY 2020 capital appropriation to the Sanitation Department for the purchase of a Heil 2022 Mack Front Loader Garbage Truck. This purchase is being made through the City’s membership in the Sourcewell Contract #091219-THC and is to be purchased from Ingram Equipment Company at a cost not to exceed $297,742. Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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 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. At approximately 6:00 p.m., Councilman Seibert introduced a motion to enter into executive session. Councilman Seibert’s motion was then seconded by Councilman Travis. Prior to the vote, City Attorney, Shane Black, provided an oral declaration that the business to be discussed in the executive session satisfied the following exceptions as prescribed in the Open Meetings Act: to discuss the legal ramifications of and legal options for controversies imminently likely to be litigated if the governmental body pursues a proposed course of action. Councilman Seibert’s motion was unanimously approved. The Council came out of executive session at approximately 6: 25 p.m. There being no further business to come before the meeting, the same was, duly and properly adjourned. * * * 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