City Council

December 19, 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 December 19, 2022 at 4:30 p.m. The meeting was called to order by Councilman Harold Wales, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Councilmember Seibert was absent. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. At the conclusion of the roll call, Councilmember Henry introduced a motion to enter into executive session. Councilmember Henry’s motion was then seconded by Councilman Harper. 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 exception as prescribed in the Open Meetings Act: to discuss the purchase or sale of real property. Councilmember Henry’s motion was unanimously approved. The Council exited executive session at approximately 4:45p.m. Harold Wales offered the invocation. Mayor Marks 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 December 12, 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 Councilman Lucas and was unanimously carried. The Chairperson stated that the Minutes of the December 12, 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 Councilman Lucas and was unanimously carried. Mayor Marks wished everyone a Merry Christmas and asked everyone to stay safe and warm during the upcoming cold weather. Councilman Lucas wished everyone a Merry Christmas and asked for prayers for his wife, who has been having some health issues. Councilwoman Henry echoed the previous comments and asked that everyone remember those who have a tough time with the holidays, mental issues and ones that are less fortunate. Mrs. Henry wished everyone a Merry Christmas. Councilman Harper agreed with Councilwoman Henry’s comments and stated that everyone should give thanks for all that they have and to help those in need. Mr. Harper wished everyone a Merry Christmas and a Happy New Year. Council President Wales wished everyone a Merry Christmas and stated that he appreciates the way that the City of Athens has worked with the City Council over the past year. Mr. Wales noted that a citizen called him and praised the Street Department for picking up her leaves. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION TO VACATE A PORTION OF A PUBLIC ALLEY BETWEEN MCARTHUR DRIVE AND SWEET SUE DRIVE Pam Grisham, 109 McArthur Drive, Athens, addressed the City Council concerning the resolution and stated that she wasn’t necessarily opposed to the vacation but that it would only cause more congestion and the area to look worse. Shane Black, City Attorney, addressed Ms. Grisham and stated that the portion of the alley requested to be vacated would only impact the neighbor that made the request. Michael Griffin, City Engineer, addressed the City Council regarding the proposed resolution and stated that this is just the first step to the request. Mr. Griffin said that any other requests regarding the vacation would go before the Planning Commission. Sherry Sampson, 807 East Pryor, Athens, property owner who made the request for vacation of the easement, addressed the City Council regarding the proposed resolution. Ms. Sampson stated that it is a very large piece of property that two additional houses could be built upon. Ms. Sampson noted that she would never do anything that would devalue the property of her neighbors. Scott Marshall, 212 East Street, Athens, addressed the City Council regarding the proposed resolution and stated that he was in favor of the vacation. The public hearing was closed. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1861 A RESOLUTION VACATING A PORTION OF A PUBLIC ALLEY BETWEEN MCARTHUR DRIVE AND SWEET SUE DRIVE _______________________________________________ WHEREAS, this resolution relates to a part of a public alleyway between McArthur Drive and Sweet Sue Drive, and more particularly described as follows: (the “Public Way”);  WHEREAS, generally speaking, the Public Way is a portion of the 20 foot wide public alleyway lying between Sweet Sue Drive and McArthur Drive, also described as the public alleyway lying between Lindbergh Circle and Bee Line Highway as shown in Plat Book A, Page 40, in the Office of the Judge of Probate of Limestone County, Alabama; WHEREAS, at the urging of Sherry Sampson, a landowner who owns the property adjoining the Public Way, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama, and has published, posted, and served notice of the same as required by § 23-4-2 of the Code of Alabama; WHEREAS, the City Council held a public hearing concerning this matter at its regular meeting on December 19, 2022; WHEREAS, the City Council has determined that it is in the interest of the public that the Public Way should be vacated; WHEREAS, the following persons or entities (and/or their successors, heirs, and assigns) appear to be the owners of all lots or parcels of land that abut the Public Way: Sherry Sampson First Metro Bank TVA Community Credit Union Home Mortgage of America, Inc. Bruce Edward and Charlott Fulton Taylor L. Furline Pamela P. Grisham WHEREAS, the vacation of the Public Way will not cause any person to be cut off from access over some other reasonable and convenient way; WHEREAS, the City of Athens (including Athens Utilities) may maintain any existing water, sewer, gas, storm drainage, and/or electrical lines/facilities within the Public Way, and the vacation of the Public Way, as explained herein, will not prevent the City from accessing, maintaining, extending, and enlarging those lines/facilities to the same extent as if such vacation had not occurred; and WHEREAS, the vacation of the Public Way will not deprive other property owners of any right they may have to convenient and reasonable means of egress and ingress to and from their property. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on December 19, 2022, at 4:30 p.m., as follows:  1. The Public Way is hereby vacated upon the City Clerk’s filing of this Resolution with the Probate Court of Limestone County, and the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with § 23-4-2(b) of the Code of Alabama. 2. Upon payment by Sherry Sampson of the City’s administrative and legal costs related to the vacation of the Public Way as determined by the City Clerk, the City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in the Public Way. 3. Title and all public rights in the Public Way shall vest in the abutting owner(s), to the extent and as provided for by law. 4. However, notwithstanding anything herein to the contrary, any entities (such as the City by and through Athens Utilities) with utility/storm drainage lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Way had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred. 5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. ADOPTED this the 19th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA FOR COUNCIL REFERENCE ONLY – FOR MINUTES AS A REFERENCE ONLY - NOT A PART OF RESOLUTION OF PERMANENT OPERATION TO BE PUBLISHED Councilmember Lucas 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 Wales, Lucas, 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 Wales, Lucas, 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 stated that he understood Ms. Grisham’s concern but that the City of Athens will make sure that it is done properly. PUBLIC HEARING CONCERNING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY LA FINKA MEXICAN RESTAURANT, 171 US HWY 31, SUITE D, ATHENS, AL, 35611 No one spoke in favor of or against. The public hearing was closed. 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 Mayor’s office: Linda Black Mileage – Athens Activities Center Trip to Sam’s to Purchase Supplies November 26, 2022 $ 28.75 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 appoint Michael Leicher to the Athens Housing Authority to fulfill the term of Lillie Bledsoe, expiring on December 2nd, 2026. 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 from Altec Industries, Inc., Birmingham, Alabama, for one 2022 47’ Digger Derrick for a price of $225,000.00. 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 mirrors for the weight room at the Athens Recreation Center at a cost not to exceed $2,200 to be funded from the existing CPR capital account. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2022 budget amendments:  Contribution to Retirement Systems of Alabama Toward Unfunded Pension Liability $ 750,000  Capital Expenditure Fund – Departmental Capital Requests TBD $ 2,750,000  Capital Projects Fund – Capital Projects/Requests TBD $ 1,500,000 The funding for these expenditures will be from the FY 2022 general fund budget surplus through a 9/30/2022 budget amendment to the following line items: 100.510.80203 thru 100.520.80203 – Retirement Expense $ 750,000 100.527.90112 – Transfers Out – Capital Expenditure Fund $ 2,750,000 100.527.90111 – Transfers Out – Capital Projects Fund $ 1,500,000 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2022 - 2251 AN ORDINANCE REGARDING THE SALE OF REAL PROPERTY LOCATED ALONG CLYDE MABRY DRIVE (HAPPI PAPPI) WHEREAS, the City of Athens and Limestone County, Alabama jointly own real property situated along Clyde Mabry Drive, more particularly described as follows: an area of real property within the “future development” section of the Final Plat of Thirty-One Commercial Park Addition No. 2 , recorded at Plat Book H, Page 159 in the Office of the Judge of Probate of Limestone County, Alabama, that is bordered by Clyde Mabry Drive on the north, and Lot 3 of the east, consisting of approximately two (2) acres drawn evenly from such area (the “Property”); WHEREAS, the Property is located in the “Athens and Limestone County Highway 31 Industrial Park”; WHEREAS, the City desires to sell, on terms approved by the Athens City Council, the Property for use by the buyer of the Property as an industrial food preparation/ food storage facility (and related business offices);  WHEREAS, the City Council finds that the purchase price for the property is a fair, adequate and reasonable price, and that this Ordinance does not involve the lending of credit, granting of public funds or thing of value in aid of any private entity; WHEREAS, the City Council finds that this Property is no longer needed for public or municipal purposes; and WHEREAS, this Ordinance is authorized by Section 94.01 of the Constitution of Alabama, and other applicable law. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on December 19TH, 2022 at 4:30PM, as follows: Section 1. The Mayor, on behalf of the City of Athens, is authorized to enter into a contract to sell the Property to TH Enterprise LLC (d/b/a “Happi Pappi”) (or to a related party as an assignee, if approved by the Mayor in his discretion) (“TH Enterprise”) upon the following terms: (i) purchase price of $20,000 per acre; (ii) earnest money of $5,000; (iii) the Property will be subject to a restrictive covenant, in favor of City and County, for a term of fifteen (15) years, limiting the use of the Property to an industrial food preparation/ food storage facility (and related business offices). However, the restrictive covenant would terminate early if a bank lender sells the property at a foreclosure sale to a third party (a third party unrelated to TH Enterprise or its officers/owners by blood or business affiliation) due to TH Enterprise’s failure to pay a loan that was used solely for the purchase of the property and/or the construction of improvements on the property; (iv) for fifteen (15) years after the closing, neither the Property, nor any part of it, may be sold or transferred, unless the City and County shall first have an option to repurchase the Property (or part of it) for (a) the same price (plus the appraised cost of any improvements), or (b) if the property has been foreclosed upon by a financing bank due to TH Enterprise’s failure to pay a loan that was used solely for the purchase of the property and/or the construction of improvements on the property, then for the outstanding balance of the loan amount, whichever is greater; (v) transfer by statutory warranty deed; (vi) a due diligence period of sixty (60) days, absent unusual circumstances; (vii) closing to occur within 30 days after due diligence period, absent unusual circumstances;  (viii) the buyer shall pay for all closing expenses, including but not limited to the cost of causing the Property to be subdivided so that it may be sold to the buyer; and (ix) such other and additional terms as the Mayor may prescribe, that are not inconsistent herewith. Section 2. The Mayor is 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. Section 3. The Mayor is authorized to take the above actions only if the Mayor determines that a substantially similar resolution or other measure approving such sale has been adopted by the Limestone County Commission. ADOPTED this the 19th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember 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 Wales, Lucas, 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 Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. * * * There being no further business to come before the meeting, Council President Wales declared the meeting duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK