City Council

May 9, 2022 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 May 9, 2022 at 5:30 p.m. The meeting was called to order by Councilman Chris Seibert, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Dana Henry and Wayne Harper. Annette Barnes-Threat, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert offered the invocation. Mayor Marks was accompanied by players of AYSO in leading the Pledge of Allegiance. Members of AYSO United Girls present were: Sofia Worthey, Lyra Kellum, Natalie Klaus, Lexi Klaus, Lilliana Smith, Aubree Downs, Olivia Downs, Addie Calahan, Allison Contreras, Aubree Stanford, Kylie Creasey, Valeria Rameriz, Coach Jon Downs and Coach Tristie Downs. Members of AYSO United 10U Boys present were: Thomas Arnold, Trevor Arnold, Bryson McCuiston, James Downs, Samuel Klaus, Adam Gray, Charlie Kelly, Nekolai Toney, Coach Megan Arnold and Coach Tommy Arnold. 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 25, 2022 City Council Meeting had been submitted for approval. Councilman Harper 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 25, 2022 City Council Work Session Meeting had been submitted for approval. Councilman Harper 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 recognized the volunteers of the Relay for Life Fishing Tournament and announced that Relay for Life Night will be on Friday, May 13, 2022 on the west side of the courthouse. The Mayor gave his condolences to Dana Henry for her family’s recent loss. He then announced that the Police Department Memorial will be held on the courthouse lawn on May 17, 2022. Mayor Marks stated that the City of Athens received a check from the Limestone County Legislative Delegation in the amount of $26,967.50 for recognition of the importance of building a park at the old chicken plant on Pryor Street and that it will be used to apply for grants. The Mayor remarked that Senator Butler and members of the Limestone County Legislative Delegation appropriated a million dollars to the Alabama Veteran’s Museum for renovations. The Mayor noted that graduation was coming up and applauded the city school system for all that they do. Mayor Marks presented a proclamation to Erik Waddell, Chief Building Inspector, recognizing the month of May 2022 as Building Safety Month. Councilwoman Henry thanked Mayor Marks for recognizing her family’s loss and noted that May is Mental Health Awareness and asked everyone to seek help, if needed. Mrs. Henry noted that 360 students from around the city will receive their high school diplomas over the next few weeks and that she was very humbled to see how many students want to go into fields of service. She also thanked those students for trying to make this a better world and thanked them for their youth. Council President Seibert echoed Councilwoman Henry’s comments. Mr. Seibert asked all of our youth to make good decisions. Councilman Seibert announced that Councilman Wales would be having a procedure and asked everyone to please keep him in their prayers. PUBLIC HEARING – RELATING TO A PROPOSED RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT SOUTH JEFFERSON STREET Erik Waddell, Chief Building Inspector, addressed the Council and asked for their approval so that they can move forward with the proposed resolution. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1800  A RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT SOUTH JEFFERSON STREET _______________________________________________ WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and other state and local law, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, in Resolution No. 2021-1766, the Athens City Council required the demolition of an unsafe building or structure (herein referred to as the “Structure”) located at the following real property: Re: Address: 207 S Jefferson Street, Athens, AL (also has been referred to as 209 S Jefferson St) PARCEL # 10-03-08-1-002-061.001 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: (herein referred to as the “Property); WHEREAS, the demolition and removal was carried out; WHEREAS, persons who may hold a property interest in the Property include the following persons: Van Gilbert Trent; as well as any and all unknown parties, including any persons claiming a present interest in the property described herein and including persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in such property, such persons’ whereabouts being unknown and which cannot be ascertained with reasonable diligence; and WHEREAS, pursuant to Resolution No. 2021-1766, the City Clerk has presented this City Council with the report of Erik Waddell, the appropriate municipal official, (attached hereto as Exhibit A) of the costs associated with the demolition of the Structure so that this Council may adopt a resolution fixing all costs reasonably incurred in connection therewith and assessing such costs against the Property. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on May 9, 2022, at 5:30 P.M. p.m., as follows: 1. The report of costs associated with the demolition of the Structure on the Property and attached hereto as Exhibit A is accepted, and the costs shown therein are hereby fixed as reasonably incurred in connection therewith and assessed as costs against the Property. 2. The amount of $21,427.96 shall be a special and final assessment against the Property, and shall constitute a lien thereon. 3. A certified copy of this Resolution and its exhibits shall be filed with the Office of the Judge of Probate of Limestone County, Alabama. Previously, the City of Athens caused a “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens” to be filed with respect to this matter, to wit, on June 24, 2021, in RLPY Book 2021, Page 70806 in the Office of the Judge of Probate of Limestone County, Alabama. 4. Pursuant to Ordinance § 11-40-33 of the Code of Alabama, the City Attorney shall provide a certified copy of this Resolution and its exhibits to the Limestone County Revenue Commissioner, who shall add the amount of the lien to the next regular ad valorem tax bills for taxes levied against the Property, collect the same as if it were a tax, and remit the same to the City of Athens. Pursuant to § 11-40-35 and § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, the City elects to have the revenue commissioner collect the assessment by adding it to the tax bill, and then collecting the assessment using all methods available for collecting ad valorem taxes. ADOPTED this the 9th day of May, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A  REPORT TO ATHENS CITY COUNCIL OF THE COST OF DEMOLITION OF STRUCTURE ON S. JEFFERSON STREET To: Athens City Council, Athens City Clerk This report of the costs associated with the demolition of a structure at 209 South Jefferson Street, Athens, Alabama (which has also been referred to as 207 S Jefferson Street), shall be submitted to the Athens City Council at a regular meeting at 5:30 P.M. on May 9, 2022. At such time, the City Council shall hear the report, and thereupon may adopt a resolution fixing the costs which it finds to be reasonably incurred in the demolition and assessing those costs against the property. The demolition of the unsafe structure was called for by the Athens City Council in its Resolution No. 2021-1766, dated September 27, 2021. The City of Athens, Alabama incurred the following costs associated with the demolition of the unsafe structure: Certified Mail/Mail Notice Costs $ 6.96 Lis Pendens Filing Fee $ 19.00 Publication Costs (Athens News Courier) $ 441.00 Title Search $ 100.00 Legal Fees $ 561.00 Asbestos Survey $ 1,100.00 Asbestos Removal $ 6,700.00 Demolition Costs (demolition) $ 12,500.00 ____________________________________________ GRAND TOTAL: $21,427.96 Respectfully submitted by: Erik Waddell Appropriate Municipal Official The motion was seconded by Councilwoman Henry and was unanimously carried. PUBLIC HEARING - RELATING TO THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY CASH & JACK’S, LLC, 1406 LINDSAY LANE, ATHENS, AL, 35613 No one spoke in favor of or against. Wilbert Woodruff, 200 Christine Street, Athens, addressed the Council and thanked Erik Waddell, Chief Building Inspector, for all that he does to keep the city safe. Mr. Woodruff stated that he also believes that the City should look at some other buildings within the city and particularly in District 3. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Frank Crafts to the Athens Historic Preservation Commission for a three year term, expiring on May 23, 2025. The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for Water Services personnel as follows:  Virgil White AL/MS Joint Water Conference $684.94 (Wastewater) Mobile, AL April 10-13, 2022 The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry 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 at 5:30PM on June 6, 2022 to review the request of K&G Holdings, LLC to rezone +/- 45 acres from R-1-1 (Low Density Single Family Residential District) to M-1 (Light Industrial Zoning District) located on the west side of HWY 31 between Nuclear Plant RD and Rosie RD (parcel #’s: 16-02-09-0-001-053.000 & 16-02-09-0-001-054.001). The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry 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 at 5:30PM on June 6, 2022 to review the request of Gary Downs to annex +/163.9 acres of property into the City and zone the property B2 (General Business District) located on the northside of Huntsville Brownsferry RD between US HWY 31 & Interstate 65. The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry 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 at 5:30PM on June 6, 2022 to review the request of NOLABA Land Holdings, LLC & Greenbrier Holdings LLC (Sowell) to annex +/- 102 acres of property into the City and zone the property into a C-PUD (Conventional Planned Unit Development) and to adopt the Sowell Property Master Development Plan (MDP) located on the southside of Huntsville Brownsferry RD. between US HWY 31 & Interstate 65. The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Information Technology Department: Dale Haymon Mileage $ 155.03 January 1, 2022 through March 31, 2022 Lisa LaGrone Mileage $ 443.04 October 1, 2021 through March 31, 2022 Seth Siniard Mileage $ 443.96 October 1, 2021 through March 31, 2022 The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for Water Services personnel as follows: Michael Furline Lift Station Equipment Training $473.72 (Water Services) Brunswick, GA April 26-28, 2022 The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve a purchase from Doosan Industrial through Lift Services, Inc., for one G25E-7 LP Gas Forklift for $32,070.00 and one BC25S-7 Electric Forklift for $39,826.00 for the Electric Department. The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a 2012 Roadtec RP-170 Wheeled Asphalt Paver from IronPlanet Auction site, not to exceed $14,500 and shall be funded from the existing Street Department capital line item. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1801 This resolution made this 9 day of May, 2022 (the Effective Date) by the City Council of Athens, AL(the Granting Authority), to grant a tax abatement to Old Black Bear Brewing Company (the Company). WHEREAS, the Company has announced plans for a (check one): ☒ new project or ☐ major addition to their existing facility (the Project), located within the jurisdiction of the Granting Authority; and WHEREAS, pursuant to the Tax Incentive Reform Act of 1992 (Section 40-9B-1 et seq., Code of Alabama 1975) (the Act), the Company has requested from the Granting Authority an Abatement of (check all that apply): ■ all state and local non-educational property taxes, ■ all construction related transaction taxes, except those local construction related transaction taxes levied for educational purposes or for capital improvements for education, and /or  ¨ all mortgage and recording taxes; and WHEREAS, the Company has requested that the abatement of state and local non-educational property taxes (if applicable) be extended for a period of 10 years, in accordance with the Act; and WHEREAS, the Granting Authority has considered the request of the Company and the completed applications (copy attached) filed with the Granting Authority by the Company, in connection with its request; and WHEREAS, the Granting Authority has found the information contained in the Company’s application to be sufficient to permit the Granting Authority to make a reasonable cost/benefit analysis of the proposed project and to determine the economic benefits to the community; and WHEREAS, the construction of the project will involve a capital investment of $ 1,445,047 ; and WHEREAS, the Company is duly qualified to do business in the State of Alabama, and has powers to enter into, and to perform and observe the agreements and covenants on its part contained in the Tax Abatement Agreement; and WHEREAS, the Granting Authority represents and warrants to the Company that it has power under that constitution and laws of the State of Alabama (including particularly the provisions of the Act) to carry out provisions of the Tax Abatement Agreement; NOW THEREFORE, be it resolved by the Granting Authority as follows: Section 1. Approval is hereby given to the application of the Company and abatement is hereby granted of (check all that apply): ■ all state and local non-educational property taxes, ■ all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education, and /or ¨ all mortgage and recording taxes as the same may apply to the fullest extent permitted by the Act. The period of abatement for the non-educational property taxes (if applicable) shall extend for a period of 10 years measured as provided in Section 40-9B-3(a)(12) of the Act. agreement with the Company to provide for the abatement granted in Section 1. Section 3. A certified copy of this resolution, with the application and abatement agreement, shall be forwarded to the Company to deliver to the appropriate local taxing authorities (if applicable) and to the Alabama Department of Revenue in accordance with the Act. Section 4. The Mayor of the City of Athens is authorized to take any and all actions necessary or desirable to accomplish the purpose of the foregoing of this resolution. I hereby certify that the above and foregoing was duly adopted by the City Council of Athens, AL at a meeting held on the 9th day of May, 2022 . /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA The motion was seconded by Councilwoman Henry and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2022 - 2217 AN ORDINANCE AMENDING THE SCHEDULE OF FINES FOR THE CITY OF ATHENS MUNICIPAL COURT WHEREAS, the City Council desires to amend the City’s Schedule of Fines to be in conformity with those recent amendments ordered by the Supreme Court of the State of Alabama, and to revise the City’s Schedule of Fines to be in conformity with the City of Athens Code of Ordinances; THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on May 9, 2022, as follows: Section 1. That Section 30-3 (b) of the Code of Ordinances, City of Athens, Alabama be repealed and replaced by amendment to read as follows: (b) The Schedule of Fines, pursuant to Rule 20 of the Alabama Rules of Judicial Administration, shall be as follows: TRAFFIC OFFENSES OFFENSES FINES Allowing child under 16 to operate motor vehicle $ 50.00 Bicycle-no lamps or reflector $ 20.00 Blocking highway $ 30.00 Casting a light from public road (nuisance spotlighting) $100.00 Clinging to vehicle $ 20.00 Coasting $ 20.00 Crossing a fire hose $ 50.00 Disobeying traffic control devices on a controlled-access highway $ 20.00 Driving on wrong side of road $ 30.00 Driving through or around a barricade/fence/warning sign/  detour sign $ 20.00 Driving under the minimum speed $ 20.00 Driving upon sidewalk $ 20.00 Driving with vision obscured $ 20.00 Entering highway closed by State Trooper $ 20.00 Expired license $ 20.00 Expired Tag $ 20.00 Failure to affix tinting-compliance label $ 20.00 Failure to dim headlights $ 10.00 Failure to display flare or warning devices $ 20.00 Failure to exercise care $ 20.00 Failure to move over or reduce speed when approaching enforcement or emergency vehicles $ 25.00 Failure to move to the right upon approach of emergency vehicle $ 50.00 Failure to obey pedestrian-control signals $ 20.00 Failure to obey the instructions of any official traffic-control device $ 20.00 Failure to stop at railroad crossing $ 10.00 Failure to stop when emerging from alley, driveway, or building $ 20.00 Failure to use child restraint $ 25.00 Failure to wear safety belt $ 25.00 Failure to yield right of way $ 20.00 Failure to yield to emergency vehicle $ 50.00 Following emergency vehicle $ 50.00 Following too closely $ 20.00 Hitchhiking $ 10.00 Impeding the flow of traffic $ 20.00 Improper access to controlled-access roadway $ 20.00 Improper backing $ 20.00 Improper brakes $ 20.00 Improper horn $ 20.00 Improper lane change $ 20.00 Improper lane usage $ 20.00 Improper length/width of a motor bus $100.00 Improper lights $ 20.00 Improper motorcycle operation $ 20.00 Improper muffler $ 10.00 Improper or no rear-view mirror $ 20.00 Improper passing $ 20.00 Improper passing on a motorcycle $ 20.00 Improper riding of a bicycle on a roadway $ 20.00 Improper signal $ 10.00 Improper stopping or parking on or in highway (general) $ 30.00 Improper stopping, standing, or parking in specified places $ 30.00 Improper stopping, standing, or parking outside of business or residence $ 30.00 Improper tag $ 25.00 Improper tag classification $ 25.00 Improper tires $ 20.00 Improper turn $ 20.00 Improper use of clearly indicated divided highway $ 30.00 Improper window tinting $ 20.00 Improperly driving over the center line of a four-lane roadway $ 20.00 Improper opening and closing vehicle doors $ 20.00 Insurance-allowing the operation of a vehicle without insurance $ 50.00 Insurance-display of invalid insurance $ 50.00 Insurance-failure or refusal to display $ 50.00 Insurance-operating a vehicle the registration of which is suspended $ 50.00 Insurance-operating a vehicle without insurance $ 50.00 Littering highway $100.00 Making a U-turn $ 20.00 Motorcycle-no shoes $ 10.00 No CD license $100.00 No flag, flares, or other warning device $ 20.00 No helmet (motorcycle rider) $ 10.00 No motorcycle endorsement $ 20.00 No permit (oversized width, height, length) $100.00 No plainly visible tag $ 50.00 No red or orange flag or red light or amber strobe $ 20.00 No reflect device on slow-moving vehicles $ 20.00 No reflectors on tractor $ 20.00 Obstructing driver’s view $ 20.00 Operating a motor vehicle without a driver’s license $ 25.00* Overweight/over height/over length truck $100.00 Parking more than 18 inches from curb $ 30.00 Pedestrian entering or remaining on bridge or railroad crossing $ 20.00 Pedestrian on highway $ 10.00 Pedestrians not yielding to authorized emergency vehicles $ 10.00 Refusal to weigh $300.00 Riding in house trailer $ 20.00 Running red light $ 20.00 Running a stop sign $ 20.00 Shifting load $ 25.00 Slowing or stopping without a proper signal $ 20.00 Speeding: Less than 25 mph over posted speed limit $ 20.00 25 mph or more over posted speed limit $ 40.00 Speed – exceeding reasonable and prudent $ 20.00 Spilling load $ 25.00 Stopping on highway $ 30.00 Switched personalized license plates $100.00 Texting while driving $ 25.00 Towing or hauling a disabled vehicle $ 50.00 Unattended motor vehicle $ 25.00 Unloading logs, lumber, etc., on or near highway $ 25.00 Violating driver’s license restriction or endorsement $ 10.00* Violating oversized-load permit $100.00 *This amount does not include the $50.00 penalty imposed pursuant to §32-6-18 and §32-6-19, Alabama Code 1975. CONSTRUCTION ZONE OFFENSES Allowing child under 16 to operate motor vehicle $250.00 Bicycle-no lamps or reflector $250.00 Blocking highway $250.00 Casting a light from public road (nuisance spotlighting) $250.00 Clinging to vehicle $250.00 Coasting $250.00 Crossing a fire hose $250.00 Disobeying traffic control devices on a controlled-access highway $250.00 Driving on wrong side of road $250.00 Driving through or around a barricade/fence/warning sign/ detour sign $250.00 Driving under the minimum speed $250.00 Driving upon sidewalk $250.00 Driving with vision obscured $250.00 Entering highway closed by State Trooper $250.00 Failure to dim headlights $250.00 Failure to display flare or warning devices $250.00 Failure to exercise care $250.00 Failure to move over or reduce speed when approaching Enforcement or emergency vehicles $250.00 Failure to move to the right upon approach of emergency vehicle $250.00 Failure to obey pedestrian-control signals $250.00 Failure to obey the instructions of any official traffic-control Device $250.00 Failure to stop at railroad crossing $250.00 Failure to stop when emerging from alley, driveway, or building $250.00 Failure to use child restraint $250.00 Failure to yield right of way $250.00 Failure to yield to emergency vehicle $250.00 Following emergency vehicle $250.00 Following too closely $250.00 Hitchhiking $250.00 Impeding the flow of traffic $250.00 Improper access to controlled-access roadway $250.00 Improper backing $250.00 Improper brakes $250.00 Improper horn $250.00 Improper lane change $250.00 Improper lane usage $250.00 Improper lights $250.00 Improper motorcycle operation $250.00 Improper muffler $250.00 Improper or no rear-view mirror $250.00 Improper passing $250.00 Improper passing on a motorcycle $250.00 Improper riding of a bicycle on a roadway $250.00 Improper signal $250.00 Improper stopping or parking on or in highway (general) $250.00 Improper stopping, standing, or parking in specified places $250.00 Improper stopping, standing, or parking outside of business or  residence $250.00 Improper tires $250.00 Improper turn $250.00 Improper use of clearly indicated divided highway $250.00 Improperly driving over the center line of a four-lane roadway $250.00 Improper opening and closing vehicle doors $250.00 Littering highway $250.00 Making a U-turn $250.00 Motorcycle-no shoes $250.00 No flag, flares, or other warning device $250.00 No helmet (motorcycle rider) $250.00 No red or orange flag or red light or amber strobe $250.00 No reflect device on slow-moving vehicles $250.00 No reflectors on tractor $250.00 Parking more than 18 inches from curb $250.00 Pedestrian entering or remaining on bridge or railroad crossing $250.00 Pedestrian on highway $250.00 Pedestrians not yielding to authorized emergency vehicles $250.00 Riding in house trailer $250.00 Running red light $250.00 Running a stop sign $250.00 Shifting load $250.00 Slowing or stopping without a proper signal $250.00 Speeding $250.00 Speed – exceeding reasonable and prudent $250.00 Spilling load $250.00 Stopping on highway $250.00 Texting while driving $250.00 Towing or hauling a disabled vehicle $250.00 Unattended motor vehicle $250.00 Unloading logs, lumber, etc., on or near highway $250.00 ORDINANCE VIOLATIONS Violation of §46-5 of the Code of Ordinances, City of Athens (Noise Ordinance) 1st offense $ 50.00 2nd offense $100.00 Violation of §46-54 of the Code of Ordinances, City of Athens (Duty of keep property clear and free from litter) 1st offense $ 30.00 Violation of §46-55 of the Code of Ordinances, City of Athens (Duty to keep property clear and fee from junk and non- conforming vehicles) 1st offense $ 30.00 Violation of §46-57 of the Code of Ordinances, City of Athens (Overgrown weeds and grass prohibited) 1st offense $ 30.00 Violation of §46-59 of the Code of Ordinances, City of Athens (Debris from construction, demolition, alterations and repairs) 1st offense $ 30.00 Violation of §54-6 of the Code of Ordinances, City of Athens (Library Material Ordinance) 1st offense Restitution to library Violation of Chapter 46, Article 3, of the Code of Ordinances, City of Athens (Solid waste and trash disposal)** 1st offense $ 50.00 2nd offense $100.00 3rd offense $150.00 4th or greater offense $200.00 ** This fine schedule shall not apply to any person charged with a violation of §46-93(e), §46-93(f), and/or §46-95(d) of the City of Athens Code of Ordinances. Section 2. This Ordinance shall become effective upon its adoption as provided by law. Sestion 3. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance and such amendments and statues are declared to be severable. Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. Section 5. The enactment of this Ordinance shall not affect any action, suit, or proceeding instituted or pending at this time in the Athens Municipal Court. All suits at law or in equity and/or all prosecutions, which are now pending in any court, having originated in the Athens Municipal Court, shall not be abated or abandoned by reason of this Ordinance but may be prosecuted to their finality, the same as if this Ordinance had not been adopted. Nothing in the Ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which may heretofore have been instituted or prosecuted. ADOPTED and APPROVED this, the 9th day of May, 2022. /s/ Chris Seibert 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 Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Harper thereupon moved that the ordinance 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, 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 Electric Department Manager, contingent upon final FY 23 budget approval, to award contracts for FY 2023 Line Clearance and Tree Maintenance as follows: Asplundh Tree Expert, LLC - Total for all circuits: $246,082.00 1. Athens District 284: $21,748.00 2. Mount Rozelle 284: $224,334.00 Affordable Tree Service, Inc- Total for all circuits: $1,126,598.23 1. Athens District 274: $181,030.00 2. Athens Primary 244: $157,387.00 3. Athens Primary 254: $67,598.29 4. Buck Island 234: $104,250.00 5. Elkmont 224: $144,179.00 6. Mount Rozelle 274: $260,145.00 7. Mount Rozelle 314: $212,008.94 Kendall Vegetation Services, LLC - Total for all circuits: $8,804.65 1. Athens Primary 234: $8,804.65 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize a payment not to exceed $20,000 to Grayson Carter & Son, Inc. to repair a portion of Old Decatur Road and will be paid from the Gas Tax Fund. Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Harper 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 9, 2022, that the Council authorizes the capital amount of $557,500.00 to be funded from the 2022 Water and Sewer Bond Series for a contract to install sewer casings under Huntsville Browsferry Road between I-65 and Highway 31 by Sloan Utility Contracting, Inc., and the Mayor for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 9, 2022, that the Council authorizes the amount of $30,000.00 to be funded from the Water Services Department operating cash for Milligan Engineering Solutions, LLC to provide consulting services to develop and implement smoke testing program for the Athens sewer collection system to reduce I&I, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into a consulting agreement with Milligan Engineering Solutions, LLC for this purpose. Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Harper 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 9, 2022, that the Council authorizes an unbudgeted capital amount of $374,900.00 to be funded from the Water and Sewer 2022 Bond Series proceeds for Krebs Engineering, Inc. to perform consulting services including conceptual design, permitting, easement acquisition, final design and services during construction to execute the Upper Swan Creek Trunk Line Improvements Phase 3 project, and the Mayor, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 9, 2022, that the Council authorizes the amount of $51,900.00 to be funded from the Water Services Department operating cash reserves to be reimbursed from CARES Act funds for Krebs Engineering to provide consulting services to assess and manage activities relating to the rehabilitation of clay sewer collector lines to reduce I&I, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into a consulting agreement with Krebs Engineering for this purpose. Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Harper 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 9, 2022, that the Council authorizes Change Order 1, an additive change order in the amount of $1,033,103.00 for the I-65, Exit 347 Sewer System contract with REV Construction and increasing the contract amount from $5,230,881.00 to $6,263,984.00, and the Mayor, for and on behalf of the City of Athens, is authorized to execute this change order. Councilmember Harper 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, 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 Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 9, 2022, that the Council authorizes Change Order 4, an additive change order in the amount of $13,868.09 for the Swan Creek Sewer Trunk Line Phase 2, Line Replacement contract with Russo Construction and increasing the contract amount from $1,509,602.90 to $1,523,470.99 and the Mayor, for and on behalf of the City of Athens, is authorized to execute this change order. Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Harper 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2022 – 1802 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into an agreement with Rogers Group for the widening of Lindsay Lane from Indian Trace Rd to Strain Rd E as the lowest responsible bid of $2,014,464.28. The project shall be funded from the Capital Infrastructure Fund & Alcohol Tax Fund. ADOPTED and APPROVED this, the 9th day of May, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said 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, 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 Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1803 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, AS FOLLOWS: I. THAT THE CITY AUTHORIZES THE TOP OF ALABAMA REGIONAL COUNCIL OF GOVERNMENTS TO APPLY FOR ALABAMA DEPARTMENT OF TRANSPORTATION “FY2023 TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM (TAP)” FUNDING FROM THE FEDERAL HIGHWAY ADMINISTRATION IN THE AMOUNT OF $800,000 (53% OF TOTAL ELIGIBLE PROJECT COSTS); AND II. THIS FUNDING, IF AWARDED, WILL BE USED FOR THE CONSTRUCTION OF NEW HANDICAPPED ACCESSIBLE SIDEWALK AND PEDESTRIAN BRIDGE ALONG THE WESTERN SIDE OF US HIGHWAY 31; AND III. IF (TAP) FUNDING IS AWARDED, THE CITY OF ATHENS AGREES TO PAY REQUIRED EXPENSES, INCLUDING BUT NOT LIMITED TO $708,043.75 FOR 47% MATCHING FUNDS; AND IV. THAT THE (TAP) APPLICATION BE EXECUTED IN THE NAME OF THE CITY OF ATHENS BY ITS MAYOR, FOR AND ON ITS BEHALF; AND V. THAT THE AGREEMENT BE ATTESTED BY THE CITY CLERK AND THE SEAL OF THE CITY OF ATHENS BE AFFIXED THERETO; NOW THEREFORE BE IT RESOLVED, THAT UPON THE COMPLETION OF THE EXECUTION OF THE AGREEMENT BY ALL PARTIES, THAT A COPY OF THE AGREEMENT BE KEPT ON FILE BY THE CITY CLERK. ADOPTED AND APPROVED by the City Council of Athens, Alabama on this, the 9th day of May 2022. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilwoman Henry and was unanimously carried. The following resolution was made for “Introduction Only” by Councilwoman Henry: RESOLUTION NUMBER 2022 - ____________ A RESOLUTION CONCERNING THE PURCHASE OF A P25 COMMUNICATION SYSTEM FROM MOTOROLA SOLUTIONS, INC. WHEREAS, the City Council desires to improve emergency communications in the City and surrounding community by the purchase of mobile and portable radios designed for first responders and public safety professionals that provide interoperability on Project 25 networks, allowing connectivity between disparate communications networks and access in hard to reach areas (the “P25 Project”); WHEREAS, the P25 Project’s main benefit is that it would allow all public safety entities in the area – police, fire, sheriff, hospital, EMA, etc. - to all communicate in a reliable way, using the same system; WHEREAS, the P25 Project would enable first responders from different jurisdictions to talk to one another easily and effectively if they are combining their efforts to respond to a situation where COVID-19 infected persons are present;  WHEREAS, expenditures for the P25 Project are qualified expenditures of Coronavirus State and Local Fiscal Recovery Funds, and the use of such funds has already been committed by this City Council for the P25 Project; WHEREAS, the City has determined that Motorola Solutions, Inc. provides an Astro P25 Infrastructure and Dispatch Solution that would fulfill the goals and purposes of the P25 Project; WHEREAS, the goods and services to be provided by Motorola Solutions, Inc. in connection with the Astro P25 Infrastructure and Dispatch Solution have been the subject of a formal competitive bidding process administered by the State of Alabama, for the benefit of entities including local government agencies such as the City of Athens, in which Motorola Solutions, Inc. was selected and placed on the state bid list with respect to such goods and services pursuant to the State of Alabama T300 Two-Way Radio Equipment, Parts and Accessories 9/30/22 (Contract Number T3004020001); and WHEREAS, the City Council desires to enter into a contract with Motorola Solutions, Inc. to provide an Astro P25 Infrastructure and Dispatch Solution that would fulfill the goals and purposes of the P25 Project. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on May _______, 2022 at 5:30 p.m., as follows: 1. The Mayor is authorized, for an on behalf of the City of Athens, to purchase an Astro P25 Infrastructure and Dispatch Solution from Motorola Solutions, Inc. for a price of One Million Five Hundred Ninety-Two Thousand Nine Hundred Eighty-Eight and 19/100 Dollars ($1,592,988.19). In connection with the foregoing, the Mayor is authorized, for and on behalf of the City of Athens, to enter into a Communications System Agreement (and its exhibits) with Motorola Solutions, Inc., in substantially the same form as it has been presented to the City by Motorola Solutions, Inc., with respect to the purchase of the Astro P25 Infrastructure and Dispatch Solution. 2. The above-referenced purchase price shall be paid from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds, to the extent that the same are all expended prior to the statutory deadline for such funds. 3. The Mayor is further authorized to carry out the terms of the contract(s) referenced in this Resolution, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. ADOPTED this the _____ day of _____________, 2022. __________________________________________ CHRIS SEIBERT, CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the _____ day of ____________, 2022. Witness my hand and seal of office this _____ day of _______________, 2022. ____________________________________  City Clerk Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the June 13, 2022 City Council Meeting to June 6, 2022, at the same time and place. The motion was seconded by Councilwoman Henry and was unanimously carried. Council President Seibert asked again for continued prayers for Councilman Wales. Mr. Seibert announced that the seat in District 3 is still vacant and that the Council has decided to make an appointment, hopefully, within the next thirty days. Councilman Seibert asked that anyone interested in being considered for District 3 to submit their information to Kim Glaze in the Mayor’s Office. Mr. Seibert also announced that the Senior Fun Fest would take place at the Activity Center on Pryor Street on May 10, 2022 from 10am to 2pm. * * * There being no further business to come before the meeting, Council President Seibert declared the meeting duly and properly adjourned. /s/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK