City Council

April 26, 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 April 26, 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 Wayne Harper, Harold Wales, Frank Travis, Chris Seibert and Dana Henry. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Frank Travis offered the invocation. Mayor Marks was accompanied by Councilman Travis’ granddaughter, Jariya Travis, in leading 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 April 12, 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 Councilwoman Henry and was unanimously carried. The Chairperson stated that the Minutes of the April 12, 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 Councilwoman Henry and was unanimously carried. Mayor Marks presented a proclamation for Building Safety Month and thanked Erik Waddell, Chief Building Inspector, for all of the Building Department’s hard work. Mayor Marks then addressed the City Council concerning a problem relating to unsolicited written materials. He told the City Council that his office had received numerous complaints from residents throughout the City concerning unsolicited publications being thrown out onto their driveways, landscaping, yards, and curbs. Mayor Marks said that these residents expressed that the publications were unwanted, and that they were unsightly and essentially became trash in their yards. He said that the residents complained that the publications were often strewn about haphazardly, remained outside for days, and were blown or strewn throughout neighborhoods. Mayor Marks introduced Leigh Patterson with the Keep Athens-Limestone Beautiful Organization (KALB). Mrs. Patterson discussed the problem of trash and litter in the City, and then, specifically, the negative impact of unsolicited written materials being thrown out in yards and driveways. She told the City Council that these materials were left outside, yellowed/disintegrated in the weather, and /or accumulated in gutters of similar areas, unless/until a responsible person picked them up as litter. She told the City Council that these papers were often left at unoccupied properties (or properties where the owners were out of town for a long period), resulting in accumulations that were unsightly. Mrs. Patterson introduced Dale Rybick, as an example of a homeowner who was concerned about this issue. Ms. Rybick resides at 611 Norton Drive, Athens. Ms. Rybick also complained about the negative impact of unsolicited written materials being thrown out into yards and driveways, calling them “eyesores” and said they are crating “terrible amounts of trash.” She agreed that these materials were often left outside, yellowed/disintegrated in the weather, and/or accumulated along the street. She complained that, unless picked up, some of the publications would remain there for a year or more. She provided examples of two such papers, both in their plastic bags. One was a yellowed newspaper publication, and the other was deteriorated to the point of being yellowed tatters. She explained that she has gone throughout her neighborhood picking up the unwanted, yellowed papers, which are often heavy and wet after rains, and removing the trash from the streets and curbs. She pointed out a “Huntsville Life” publication as one of the worst. She explained that she called the publication to request that papers not be send to her address, but that they continued to be tossed into her driveway. Councilmember Wales interjected to comment that he had also noticed this issue, and had called one publication office to request that they stop throwing out unsolicited and unrequested publications in Athens neighborhoods. He said that a lawyer returned his call to state that the publication could deliver however it wanted because it was “freedom of the press.” Ms. Rybick responded that “no one else dumps trash in our yards.” Mrs. Patterson also introduced Kelly Pennington, a resident of Athens. She also complained about the unsolicited documents being strewn into yards in the community, and echoed and agreed with the comments made by Ms. Rybick. Police Chief Floyd Johnson then addressed the City Council. He agreed that the unwanted publications being thrown out onto these properties were a problem. He said that his office had been receiving large numbers of complaints like these. He said that this was an issue that came up sporadically. He reported to the City Council that he had asked that Shane Black, the City Attorney, take a look at the issue and what could be done by the City to address this problem. Mayor Marks told the City Council that he would work with the City Attorney to propose something soon for their review of this issue. Photographs showing some of the unsolicited publications strewn on driveways and properties were provided to the City Council. (Photos are attached to the end of the minutes.) A public hearing was held concerning a request by SR Land, LLC, to rezone property located on the west side of Lindsay Lane, approximately .05 miles north of its intersection with Huntsville Brownsferry Road, from the EST to the C-PUD District and also to adopt the Lindsay Lane Master Plan with 415 residential lots. Michael Griffin, City Engineer, stated that the Planning Commission recommended approval. Greg Skipworth, 17530 Sprinview Drive, Athens, cited comments made by Mr. Wright in regards to the rezone request and stated that if it doesn’t conform to the master plan, then why would they approve it? Councilman Wales introduced the following ordinance: AN ORDINANCE TO REZONE +/-133.5 ACRES OF PROPERTY BY SR LAND LLC, LOCATED ON THE WEST SIDE OF LINDSAY LANE, APPROXIMATELY 0.5 MILES NORTH OF ITS INTERSECTION WITH HUNTSVILLE BROWNSFERRY ROAD (PARCEL NUMBER 44-10-08-34-0-000-001.000) FROM THE EST TO THE C-PUD DISTRICT, AND ALSO TO ADOPT THE LINDSAY LANE MASTER PLAN WITH 415 RESIDENTIAL LOTS, WHICH IS A COMMUNITY WITH MULTIPLE RESIDENTIAL OPTIONS, PARK SPACE AND COMMERCIAL WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 – 2166 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 C-PUD (Conventional Planned Unit Development). 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 “Conventional Planned Unit Development”. 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 a “Conventional Planned Unit Development (CPUD) 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 parcel of land situated in the Northeast Quarter of Section 34, Township 3 South, Range 4 West, Limestone County, Alabama, and being more particularly described as follows: COMMENCING at a PK Nail marking the Northeast corner of Section 34 Township 3 South, Range 4 West, thence run N 89°45'21" W along the North line of said section 34 for a distance of 39.89 feet to the POINT OF BEGINNING, said point being a rebar and cap lying on the West Right of Way of Lindsay Lane; thence run S 00°01'46" W along the West Right of Way of Lindsay Lane for a distance of 2,618.62 feet to a rebar and cap (CA# 0888); thence leaving said Right of Way run N 88°57'02" W for a distance of 2,131.70 feet to a rebar and cap (PLS# 15455) lying on the Westerly Right of Way of Interstate 65 and being the point of curvature of a non-tangent curve to the right having radius of 11,309.16 feet, a chord bearing of N 02°56'08" W and a chord distance of 2,025.40 feet; thence continue along said curve and said Right of Way for a distance 2,028.11 to a rebar and cap (CA# 0451LS); thence run tangent to the last described curve N 02°12'07" E along said Right of Way for a distance of 566.70 feet to a rebar and cap (CA# 0451LS); thence leaving said Right of Way run S 89°45'21" E for a distance of 2,214.66 feet to the POINT OF BEGINNING, said parcel containing 5,769,865 S.F. or 132.46 acres more or less. ADOPTED and APPROVED this, the 26th day of April, 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 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 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. A public hearing was held concerning an amendment to the Athens Zoning Ordinance. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2021 – 2167 AN ORDINANCE AMENDING THE ATHENS ZONING ORDINANCE WHEREAS, the Resolution contained a proposal to amend Paragraph 6.1.10.B of the Zoning Ordinance concerning lot sizes; WHEREAS, the proposal would amend Section 6.1.10.B to allow for three options specified below under certain conditions; WHEREAS, at its regular meetings on February 16, 2021 and April 20, 2021, and after public hearings, the Planning Commission issued its final report and recommended that the Athens City Council amend Ordinance No. 2017-2016, the Zoning Ordinance of the City of Athens, Alabama (the "Zoning Ordinance"), as set forth herein;  WHEREAS, after having received and considered the information from a public hearing on the matters set forth herein, and having fully deliberated such matters, the City Council desires to amend the Zoning Ordinance as set forth herein; and THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on April 26, 2021, at 5:30 p.m., amend the Zoning Ordinance by amending by replacement: §6.1.10.B B. Lot Size (when a residential lot is part of the same development, this Section shall not apply). 1) Except where modified through the planned unit development process (See Subsection 2.5.2) and for lots meeting the criteria listed in Item 6.1.10.B(2) below, lots intended for new detached residential dwellings adjacent to property existing lots zoned intended for detached residential dwellings shall be no less than 75 percent of the average minimum lot size requirements for the of existing adjacent property contiguous lot(s). (Where the adjacent property is composed of multiple lots zoned for detached residential lots which have differing lot size requirements, then the minimum lot size requirements used for this calculation shall be the average of the minimum lot size requirements for those adjacent lots.) 2) If potable water and public sanitary sewer are available, lots intended for new detached residential dwellings adjacent to existing lots in the EST zoning district must meet the minimum quantitative development criteria of the R-1 (1) district. The term available is defined as existing public utility infrastructure located within 500 feet of the subject property. 3) Buffer Planting Requirements. The required landscape buffer shall be installed before a Certificate of Occupancy may be approved. The minimum width of the required buffer shall be defined by Table 6-1(A). Except as herein provided, plantings installed toward buffer requirements shall be in accord with the general requirements and minimum planting specifications set forth in §6.2 Landscape, Buffers and Screening. a) Existing natural vegetation, which meets, in whole or in part, buffer planting requirements, may be applied toward the requirements of this Section. b) Trees shall be evergreen. c) Shrubs shall be evergreen and be thirty (30) inches tall at planting. However, up to twenty-five (25) percent of the required shrubs: 1) may be deciduous, b) may be two (2) feet tall when planted, provided an average height of three (3) to four (4) feet within four (4) years; and c) when planted on a berm, may be of a lesser height, provided that the combined height of the Berms and planting is at least six (6) feet after four (4) years. d) The buffer area shall be designed, planted, and maintained as to be eighty (80) percent or more opaque between two (2) and six (6) feet above average ground level when viewed horizontally, unless otherwise specified in the appropriate district regulations. e) Plantings shall be of a size and type which will insure the meeting of the eighty (80) percent opacity requirement within no longer than twelve (12) months of the date of first planting. Where questions may arise as to the suitability of proposed plant materials to meet this requirement, final determination of suitability shall be made by the Planning Commission. Eighty-percent opacity must be maintained year-round. f) The buffer area must be placed in a common area tract that is to be owned and maintained by a property owner’s association. The buffer area must be installed before the final plat can be signed and recorded. g) All landscape material must be healthy and in place prior to the recording of the final plat. A final plat may be recorded upon written commitment by the owner, developer, or subsequent agents to complete the planting in instances where adverse weather precludes planting. In this  event, either a performance bond or an irrevocable letter of credit for the price of landscape material and installation must be provided by the owner, developer, or subsequent agents. h) Landscape areas must be irrigated as necessary to maintain required plant materials in a healthy condition. Table 6-1(A) Alternative Minimum Residential Landscape Buffer Width Requirements Adjoining Residential Zoning Developing EST R-1 (2) R-1 (1) R-1 (3) R-1 (4) R-1 (5) C-PUD Uses Minimum Proposed Lot Area Minimum Type of Buffer Required Residential Per Zoning Zoning District EST 3 acres none none none none none none none R-1 (1) 15,000 sf 10’ none none none none none * R-1 (2) 9,600 sf 15’ 10’ none none none none * R-1 (3) 6,000 sf 25’ 15’ 10’ none none none * SFR – 7,200sf R-1 (4) 25’ 25’ 15’ 10’ none none * Duplex – 9,000 sf R-1 (5) 2,000 sf 50’ 25’ 25’ 15’ 10’ none * C-PUD ** * * * * * * * Buffer Width Required trees per 100 lf Required Shrubs per 100 lf Without With Evergreen Trees Evergreen Shrubs fence/wall fence/wall 10’ No change 8 trees in alternating or double rows 15 shrubs in single row 15’ 10’ 9 trees in alternating or double rows 20 shrubs in single row 25’ 20’ 10 trees in alternating or double rows 25 shrubs in alternating or double rows 50’ 45’ 12 trees in alternating or double rows 40 shrubs in alternating or double rows * Minimum Lot Size Transitioning or Type of Buffer shall be specified on required development plan and consistent with this chart based on proposed lot size.  **Lot size, setbacks, height, and maximum area of impervious surface shall be specified on the required development plan. ADOPTED and APPROVED this, the 26th day of April, 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 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 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. Allynn Griffin, 1122 East Pryor Street, Athens, addressed the Council concerning the roundabout that will be on Pryor Street and questioned why there was a need for one and why the school board was paying for a portion of the project. Mayor Marks stated that the entire intersection is a benefit for the City of Athens and the school system and that the roundabout was necessary to slow things down in that location. Greg Skipworth, 17530 Springview Drive, Athens, addressed the Council concerning benefits and pay for City employees. He stated that the fiscal health of the City should be held in mind and that he believes that turnover is based on salary and not Tier 1 benefits. He asked the Council to think carefully about their decision. Scott Marshall, 410 East Washington Street, Athens, addressed the Council concerning a quiet zone for the railroad and downtown. He also stated that the parks need to be cleaned up, specifically, Big Spring Park, and that the ducks are causing a mess. He also spoke about condemned power poles that still have communication wires attached to them and asked that the City follow up on those. Mr. Marshall then asked the status of the underpass at Highway 72 and Jefferson Street. James Rich said that he would reach out to the Alabama Department of Transportation for an update. Teresa Todd, 19880 Yarbrough Road, Athens, addressed the Council regarding Big Spring Park and the ducks. She stated that the sidewalks and pavilions were always full of “stuff” due to the park having so many ducks. She suggested that the City look into a new habitat for them and that a new drainage ditch was needed. Jeff Jones, 25764 Melrose Lane, Madison, City of Athens Firefighter, spoke to the Council regarding the Tier 2 conversion. He stated that salaries were definitely a concern but the conversion was huge to their department and that several of their employees would leave if the conversion was not approved. Lee Marker, 950 West Washington Street, Athens, City of Athens Firefighter, addressed the Council concerning the Tier 2 conversion and took a poll of the number of Tier 2 employees in the audience and asked if they would leave if the conversion didn’t pass. City Clerk Annette Barnes-Threet then addressed the Council concerning the financial implications of making the Tier 2 conversion. She acknowledged the difficult decision the Council is facing considering the pressure being placed upon them by employees and by the need to compete with surrounding cities and counties that have elected to convert their Tier 2 employees to Tier 1 in recruiting and retaining employees. She pointed out that while many other cities and counties have made the election, not all that have done so have the high level of employer contribution rates and the large annual obligations to fund retiree insurance liabilities that the City of Athens has. She then cautioned the Council that if it chooses to convert Tier 2 to Tier 1 and doesn’t make any adjustments to contain the cost of other benefits, the City will not be in a position to fund much-needed salary adjustments or to adequately respond to the demands put on it by the unprecedented growth the City is experiencing and will be forced to choose between funding the pension plan and other employee benefits and providing city services. She stated that although the City is in good financial condition today, today’s financial position cannot be relied upon long-term to provide for the level of unfunded pension liabilities and retiree insurance commitments in the face of unprecedented growth it is facing. She then offered the following recommendations for the Council’s consideration if they choose to vote for the Tier 2 conversion:  To adopt Act 2011-676 which would also increase the contribution rate of the existing Tier 1 employees. She stated that by not passing the cost on to all the City employees now, rather than waiting to do so, the City is kicking the can down the road for yet another Council and administration to have to face.  To adopt a resolution, as soon as possible, to close the retiree insurance plan to any employee hired after October 1, the date at which the Tier 2 conversion will become effective. She stated that the City cannot afford to fund the cost of health care for retirees and their dependents for 15-20 years after retirement.  To challenge the City’s administration, the Mayor, its HR Director and herself, to bring a plan back to the Council with options for containing the rising costs of health care for both current employees and retirees including a proposal to limit the number of years a retiree may remain on the city’s plan. Mayor Marks commented that we need to deal with items like insurance during budget time. He also stated that the City of Athens is financially stronger than seventy-five percent of the other 411 entities in Alabama that have already adopted the Tier 2 conversion. He then asked for their consideration to support the conversion resolution. Councilman Wales then addressed the employees present regarding insurance. He expressed how expensive it is to get insurance and that the City of Athens would not be able to sustain the expenses of insurance for very long and that he could not support the Tier 2 conversion. Albert Hogan, Jr., 13596 Hatchie Lane, City of Athens Fire Chief, addressed the Council about the costs of the conversion and expressed his concern of the costs on the back end. He stated that all cities and counties around the City of Athens have made the conversion and are offering the City of Athens Firefighters employment. He also stated that regardless of the decision, it would come at a cost. Councilman Wales 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 of the Mayor’s Office: Holly Hollman Huntsville, Alabama April 15, 2021 $48.72 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 authorize the Mayor’s Office to apply for a PetSafe Bark for Your Park Dog Park Grant on behalf of the Department of Parks and Recreation. The grant request is for a $25,000. The City of Athens will use the funds along with other resources to build Athens first community dog park on 1.75 acres of City owned land located at the southeast corner of U.S. HWY 31 and Hobbs St E intersection or such other location selected by the City Council. 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 approve a purchase from Tantalus Systems, Inc., for an AMI system pilot for a total cost of $34,850 for the Electric Department. The motion was seconded by Councilman Seibert. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a Caterpillar Skid Steer Mounted Road Widener from Thompson Caterpillar, not to exceed $52,000 and will be funded from the existing Street Department Capital account. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on April 26, 2021, that the Council has received and reviewed the Municipal Water Pollution Prevention Report for calendar 2020 by the Athens Water Services Department. The Water Services Department Manager is authorized to submit the report per Alabama Department of Environmental Management requirements and the Athens Utilities WWTP NPDES discharge permit AL0020206. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2021 - 1739 A RESOLUTION TO ACQUIRE CERTAIN REAL PROPERTY ALONG PRYOR STREET _______________________________________________ WHEREAS, the City of Athens needs to acquire certain real property for use in connection with public roadway improvements along Pryor Street;  WHEREAS, the City Council of Athens, Alabama deems it necessary and expedient to acquire certain real property located in the City of Athens, Alabama, described more particularly as follows: (the “Property”); and WHEREAS, it is necessary and expedient for carrying out the full powers granted to the City of Athens, Alabama that such real property be acquired through negotiation and purchase, or failing that, through the power of eminent domain, pursuant to the procedures set forth in Title 18 of the Code of Alabama. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on April 26th, 2021 at 5:30 p.m. that the Mayor and the City Attorney are hereby directed and authorized to take all necessary steps to acquire the Property by process of negotiation and purchase, or failing that, through condemnation procedures and the use of eminent domain. ADOPTED this the 26th day of April, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, 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 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 Seibert 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 Travis introduced the following ordinance: ORDINANCE NUMBER 2021 - 2168 AN ORDINANCE CONCERNING THE OLD LIBRARY, THE OLD RECREATIONAL CENTER, AND CERTAIN UNDEVELOPED PROPERTY ALONG BULLINGTON ROAD _______________________________________________ WHEREAS, the City Council desires to sell the old Athens Public Library property (located at 405 South Street) (the “Old Library”) and the old Athens Recreation Center property (located at 270 Hwy 31 North) (the “Old Rec Center”) to the Athens City Board of Education for a price of $1,600,000.00; WHEREAS, the City Council desires to acquire 6.32 acres of undeveloped property (along Bullington Road and located just to the south of Cowart Elementary School) (the “Bullington Road Property”) from the Board for a price of $200,000.00, which will be applied as a credit to the transaction described herein; WHEREAS, the City Council, in its Resolution #2016-1458, previously committed various funds to Athens City Schools over a period of 6 years, and the City Council recognizes that $558,333.00 of those funds (either presently held or to be paid under such resolution) will be applied as a credit to the transaction described herein (and this will also conclude the funding commitment set forth by Resolution #2016-1458); WHEREAS, the City Council, through its previous refinancing of 2010 General Obligation Warrants (which related in part to certain school projects), obtained various savings, a portion of which savings in the amount of $200,000 is attributable to the Board, and the City will, as such, apply that amount as a credit to the transaction described herein; WHEREAS, after the application of these credits (which total $958,333), the Board would pay the City $641,667 in connection with the transaction described herein; WHEREAS, the City Council finds and determines that the City’s public property that is being disposed of hereby (i.e., the Old Library and the Old Rec Center) is not needed for any municipal public purpose; and WHEREAS, the City Council finds and determines that the transaction described herein is in the best interest of the City, the Board, and the public. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on April 26, 2021, at 5:30 p.m., as follows:  1. The Mayor, for and on behalf of the City of Athens, is authorized (a) to sell the Old Library and the Old Rec Center property to the Board in exchange for a sale price of $1,600,000; (b) to purchase the Bullington Road Property from the Board for a sale price of $200,000.00, and (c) to apply the credits to the Board as set forth above. 2. Any remaining payments to the Board pursuant to Resolution No. 2016-1458 shall be treated as credits with respect to the transactions as discussed herein, the resolution’s operation shall be deemed complete, and no other or different payments shall be issued to the Board with respect to said resolution. 3. The City’s existing lease of the Old Library to the Board shall be cancelled and terminated at the time of the passage of title of the Old Library from the City to the Board. 4. The Mayor is authorized to enter into a contract with the Board to carry out the transaction set forth herein, to the extent that the same is consistent with, does not contradict, and is related to the terms of this Ordinance. The Mayor is further authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Ordinance, including but not limited to authorizing the issuance of deeds; the acceptance of deeds; the expenditure and use of municipal funds; and approving and executing further agreement(s) that are consistent with and involved in carrying out the transactions contemplated by this Ordinance. ADOPTED this the 26th day of April, 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. Councilwoman Henry 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 a contract with Gregory Construction in the amount of $2,175,000.00 for the signalization and road widening on US 31 for safety and access improvements for Athens Middle School and MidTown Center. Also for roundabout construction on Pryor Street and Access Drive to MidTown Center. This project shall be funded jointly with the development agreement for MidTown Center, the City of Athens General Fund and Athens School Board. 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 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 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 Wisener, LLC for appraisal services for right of way acquisition for widening and signalization at the intersection of US 99/Elm street and Wilkerson Drive. The cost of the appraisal services is $5000 and shall be paid from the IDB Fund. 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 Wales 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 - 1740 A RESOLUTION CONCERNING A NEW TAX INCREMENT FINANCING DISTRICT _______________________________________________ WHEREAS, § 11-99-1, et seq. of the Code of Alabama, and other law, allows cities to create tax increment financing districts to aid cities with the city’s costs of certain redevelopment and rehabilitation projects; WHEREAS, generally speaking, these tax increment financing districts capture the increase in property taxes from the increase in property values associated with the city’s projects and transfer that funding increase to the benefit of the city, which uses those funds to assist it in financing the cost of the projects; WHEREAS, the City Council of the City of Athens desires to consider the establish of a new tax increment financing district in the area shown in Attachment A hereto, as a vehicle for aiding the City in financing various public improvement projects that would result in the betterment of the entire area, including a significant portion that is blighted and/or economically distressed; WHEREAS, such public improvement projects include:  (a) the extension of an entrance road from the Forrest Street Subdivision to Athens-Limestone Drive, opening up a transportation corridor between Forrest Street and Highway 72; (b) sidewalk improvements around the west side I-65 Exit 351 within the district boundaries; (c) a Swan Creek pedestrian bridge crossing along the north side of US Highway 72; (d) US Highway 72 lighting improvements within the district boundaries; (e) Intersection Improvements at US Highway 72 and Braly Boulevard; and (f) the extension of Braly Boulevard to an interchange connection with Interstate 65 southbound between US Highway 72 and Strain Road. All of these public improvement projects would assist blighted and/or economically distressed properties in the area; WHEREAS, the City Council wishes to direct the Mayor to develop and issue the legal notices and requirements required by Alabama law to arrange for a meeting and public hearing on May 24, 2021, such that the City Council may consider the establishment of such a tax increment financing district as soon as possible; WHEREAS, within a sixty (60) day period prior to this Resolution, the City has expended funds related to the improvements discussed above, including but not limited to costs related to the design of the street improvements, and other professional costs related to these projects; WHEREAS, in connection with the above, prior to the establishment of such tax increment financing district, the City Council expects that it may expend additional funds and incur obligations with respect to the improvements discussed above; WHEREAS, the City Council is not currently prepared (nor will it be prepared in the near future) to finance such expenditures on a long-term basis from the tax increment financing district or otherwise, but it reasonably expects that, in order to finance such expenditures, it may issue tax exempt warrants relating to the above-described tax increment financing at some point; and WHEREAS, in the meantime, although such costs may be paid out of the City’s General Fund and from other resources, the City Council intends that such costs may be reimbursed from such future warrants and the related tax increment financing. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 26, 2021, at 5:30 PM, as follows:  1. The Mayor is authorized and directed, for and on behalf of the City, to develop and issue the legal notices and requirements required by Alabama law to arrange for (i) a meeting with the deferred tax recipients at City Hall on May 19, 2021, at 1:00 PM (or such other date and time as the Mayor determines) and (ii) a public hearing concerning the tax increment financing district at the City Council’s regular meeting on May 24, 2021, such that the City Council may consider the establishment of such a tax increment financing district as described herein. 3. It is intended that the City may issue and deliver in 2021, for the purposes set forth above, tax exempt obligations related to the tax increment financing district described herein, and that all or a portion of the proceeds derived by the City from such obligations would be applied to reimburse the City for any funds advanced by it for such purposes described above, and for other funds that already have been advanced by the City in connection with the same within sixty days prior to the date of this Resolution. ADOPTED this the 26th day of April, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  ATTACHMENT A The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2021 - 1741 WHEREAS, under the provisions of Act 2019-132, employers who participate in the Employees’ Retirement System pursuant to Ala. Code § 36-27-6 may elect to provide Tier I retirement benefits to its current Tier II plan members, and to plan members hired in the future; and WHEREAS, the City of Athens, Alabama participates in the Employees’ Retirement System pursuant to Ala. Code § 36-27- 6 and wishes to improve retirement benefits for its Tier II plan members; NOW, THEREFORE, BE IT RESOLVED that the City of Athens, Alabama elects to provide Tier I retirement benefits to its Tier II plan members, subject to approval by the Employees’ Retirement System Board of Control; that, if approved, such election shall be effective the following fiscal year and is irrevocable; BE IT FURTHER RESOLVED that the City of Athens, Alabama has reviewed the actuarial cost estimates provided by the Employees’ Retirement System for such election, and agrees to pay any resulting increases in the employer contribution rate; BE IT FURTHER RESOLVED as it specifically relates to the City’s current workforce identified as Tier II plan members and plan members hired in the future, that beginning in the month that such election is effective, the City’s Tier II plan members contribute 7.5% of their earnable compensation to the Employees’ Retirement System and City’s Tier II plan members who are firefighters or law enforcement officers as defined by Ala. Code § 36-27-59(a), shall contribute 8.5% of their earnable compensation to the Employees’ Retirement System, as required by Act 2019-132; BE IT FURTHER RESOLVED as it specifically relates to the City’s current employee workforce identified as Tier I plan members and who are actively employed prior to the beginning of the month for which the Employees’ Retirement System approves this action; the City has not elected to adopt increased Tier I contribution rates as required by Ala. Code § 36-27-6.5 for said employees and the City will not be increasing such current Tier I plan member contribution rates of 5%, and 6% for current Tier I firefighters or law enforcement officers, and therefore will submit to the Employees’ Retirement System the required Employer Plan under which the City could be required at a later time to increase existing Tier I Member Contribution Rates under Act 2011-676; BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Employees’ Retirement System’s required Employer Plan as set forth in this Resolution. ADOPTED and APPROVED this, the 26th day of April, 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 Travis and was carried with three yeas by Councilmembers Seibert, Henry, Travis and Harper. Councilman Wales voted nay. * * * 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