City Council

February 27, 2023 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West, Athens, Alabama, on February 27, 2023 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 Chris Seibert, Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. 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 February 13, 2023 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Lucas and was unanimously carried. The Chairperson stated that the Minutes of the February 13, 2023 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Lucas and was unanimously approved. Councilman Lucas thanked everyone for their prayers, love and support during the passing of his wife, Carolyn. PUBLIC HEARING CONCERNING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY JAY PAVANPUTRA, INC., DBA: WESTEND OUTDOORS CHEVRON, 17171 US HWY 72, ATHENS, AL, 35611 (CHANGE OF OWNERSHIP) Scott Marshall, 212 East Street, spoke in favor of the zoning and also requested the City Council streamline the process for approving alcohol applications. The public hearing was closed. PUBLIC HEARING CONCERNING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY MOZZA PIZZA, LLC, DBA: MOZZA PIZZA, 202 JEFFERSON STREET, ATHENS, AL, 35611 (CHANGE OF OWNERSHIP) No one spoke in favor of or against. The public hearing was closed. PUBLIC HEARING CONCERNING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY JAY DHARATI, INC., DBA: MIDPOINT CHEVRON, 24999 US HWY 72, ATHENS, AL, 35613 No one spoke in favor of or against. The public hearing was closed. PUBLIC HEARING CONCERNING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY SAI SHANI, INC., DBA: CHEVRON, 1515 EAST ELM STREET, STE A, ATHENS, AL, 35611 (CHANGE OF OWNERSHIP) No one spoke in favor of or against. The public hearing was closed. Mayor Marks addressed the City Council regarding the application process for the sale of alcohol and stated that the City of Athens ordinance doesn’t allow for a public hearing with a vote following. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to re-appoint William Flood to the Athens Housing Authority for a five year term, expiring February 26th, 2028. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Mayor’s office: Linda Black Mileage – Athens Activities Center Trip to Sam’s to Purchase Supplies February 3, 2023 $ 30.13 Holly Hollman Mileage – Mayor’s Office Homeland Security Grant Training UNA East Campus $ 55.02 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of mapping software for the Planning Department from ESRI at a cost not to exceed $8,500 to be funded from the existing ESCD capital account. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint William R. Marks as the voting delegate for the Annual Business Meeting of the Alabama League of Municipalities on May 12th, 2023 in Birmingham, Alabama. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2023 - 1868 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE A PORTION OF HATFIELD LAKE ROAD, A PUBLIC RIGHT OF WAY  WHEREAS, this resolution relates to a part of Hatfield Lake Road, a public right of way, more particularly described as follows: A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 4 WEST OF THE HUNTSVILLE MERIDIAN, LIMESTONE COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8-INCH CAPPED IRON PIN FOUND MARKING THE NORTHEAST CORNER OF TRACT B OF THE FINAL PLAT OF LAKEWOOD SUBDIVISION PHASE 1 AS RECORDED IN PLAT BOOK K, PAGES 158-160 IN THE OFFICE OF THE JUDGE OF PROBATE, LIMESTONE COUNTY, ALABAMA; SAID POINT BEING FURTHER DESCRIBED AS MARKING THE SOUTHEAST CORNER OF THE EASTERN TERMINUS OF HATFIELD LAKE ROAD, AS DEPICTED ON SAID FINAL PLAT; THENCE, RUN SOUTH 89 DEGREES 31 MINUTES 23 SECONDS WEST, 303.00 FEET ALONG THE NORTH BOUNDARY OF SAID TRACT B TO A POINT; THENCE, CONTINUE ALONG SAID NORTH BOUNDARY, NORTH 88 DEGREES 14 MINUTES 02 SECONDS WEST, 637.03 FEET TO A POINT WHICH LIES NORTH 88 DEGREES 45 MINUTES 06 SECONDS WEST, 329.21 FEET AND NORTH 01 DEGREE 30 MINUTES 46 SECONDS EAST, 24.71 FEET FROM A 3/4-INCH IRON PIN FOUND MARKING THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE, CONTINUE ALONG SAID NORTH BOUNDARY, NORTH 80 DEGREES 08 MINUTES 14 SECONDS WEST, 15.74 FEET TO A POINT; THENCE, LEAVING SAID NORTH BOUNDARY, NORTH 04 DEGREES 25 MINUTES 12 SECONDS EAST, 64.55 FEET TO A 1/2-INCH IRON PIN FOUND LYING ON THE NORTH RIGHT-OF-WAY MARGIN OF HATFIELD LAKE ROAD (RIGHT-OF-WAY WIDTH VARIES) AND BEING FURTHER DESCRIBED AS MARKING A CORNER OF TRACT A OF SAID FINAL PLAT; THENCE, ALONG THE SOUTH BOUNDARY OF SAID TRACT A, SOUTH 88 DEGREES 16 MINUTES 39 SECONDS EAST, 318.98 FEET TO A 5/8-INCH IRON PIN FOUND; THENCE, CONTINUE ALONG SAID SOUTH BOUNDARY, SOUTH 89 DEGREES 16 MINUTES 26 SECONDS EAST, 430.36 FEET TO A 5/8-INCH CAPPED IRON PIN (COFFMAN) FOUND; THENCE, CONTINUE ALONG THE BOUNDARY OF SAID TRACT A, SOUTH 01 DEGREE 42 MINUTES 15 SECONDS WEST, 46.17 FEET TO A POINT; THENCE, CONTINUE ALONG THE BOUNDARY OF SAID TRACT A, SOUTH 89 DEGREES 09 MINUTES 12 SECONDS EAST, 202.46 FEET TO A 5/8-INCH CAPPED IRON PIN FOUND; THENCE, CONTINUE ALONG THE BOUNDARY OF SAID TRACT A, SOUTH 88 DEGREES 33 MINUTES 53 SECONDS EAST, 21.88 FEET TO A 5/8-INCH CAPPED IRON PIN FOUND AND BEING FURTHER DESCRIBED AS LYING AT THE EASTERN TERMINUS OF SAID HATFIELD LAKE ROAD; THENCE, CONTINUE ALONG THE BOUNDARY OF SAID TRACT A AND ALONG SAID EASTERN TERMINUS, SOUTH 48 DEGREES 21 MINUTES 15 SECONDS WEST, 29.24 FEET BACK TO THE POINT OF BEGINNING AND CONTAINING 1.30 ACRES (56,434 SQUARE FEET) MORE OR LESS (the “Public Way”); WHEREAS, for the aid of the reader, a general depiction of the Public Way is shown on Attachment A hereto, in the area labeled as “Hatched Area Represents Portion of Hatfield Lake Road to Be Vacated”; WHEREAS, generally speaking, the Public Way is the easternmost part of Hatfield Lake Road, a public street within the city of Athens, Alabama; WHEREAS, Athens Utilities has proposed that the Public Way be vacated; and  WHEREAS, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on Monday, February 27, 2023 at 4:30 p.m. as follows: 1. A public hearing is hereby scheduled for April 10, 2023, at 4:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611, concerning what action shall be taken on the issue of the proposed vacation of the Public Way. 2. The Mayor and the City Attorney shall cause notice of the proposed action, public hearing, and other relevant matters to be published, posted and served pursuant to § 23-4-2(a) of the Code of Alabama. ADOPTED this the 27th day of February, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase one (1) 2023 F-150 crew cab pick-up truck for the Street Department. This purchase will be made from the State of Alabama Bid List from Stivers Ford Lincoln Montgomery, AL at a cost not to exceed $41,745. This is a revision of the initial resolution approved at the January 23rd, 2023 meeting and the cost increase is due to the lack of availability of the previously selected equipment options. State Contract Code MA220000003128. Funding for this purchase will be allocated from the existing Street Department capital account. The motion was seconded by Councilman Lucas and was unanimously approved. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase two (2) 2023 F-150 crew cab pick-up trucks for the Engineering Services and Community Development Department. This purchase will be made from the State of Alabama Bid List from Stivers Ford Lincoln Montgomery, AL at a cost not to exceed $41,745 each and totaling $83,490. This is a revision of the initial resolution approved at the January 23rd, 2023 meeting and the cost increase is due to the lack of availability of the previously selected equipment options. State Contract Code MA220000003128. Funding for this purchase will be allocated from the existing ES&CD capital account The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of five (5) AGM Rattler 25 handheld thermal imagers for a cost of $8,750 from Central Alabama Guns and shall be funded from the Police Department’s existing capital expenditure account. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “Restaurant Retail Liquor-Class I” alcohol license: Business Name: La Finka Mexican Restaurant, Inc. Dba: La Finka Mexican Restaurant Address: 171 US Highway 31, N Athens, AL 35611 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “SPECIAL EVENTS Retail On Premises Consumption” alcohol license: Boys & Girls Club of North Alabama, Athens Unit Event: Boys & Girls Club of North Alabama Special Event Location Alabama Veterans Museum & Archives 114 Pryor St., W Athens, AL 35611 Event Date: April 21, 2023 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2023 - 1869 A RESOLUTION CONCERNING THE ADMINISTRATION OF HUMAN RESOURCES FUNCTIONS RELATED TO THE LIBRARY BOARD OF THE CITY OF ATHENS, ALABAMA _______________________________________________ WHEREAS, the Library Board of the City of Athens (the “Library Board”) has requested that the City of Athens (the “City”) assist the Athens-Limestone County Public Library (the “Library”) by including the management and day-to-day administration of the Library’s human resources logistics (including but not limited to payroll functions, administration of employee leave, job descriptions, etc.) within the existing personnel system of the City; and WHEREAS, such inclusion would relieve the tremendous administrative burden on the Library’s staff to manage human resource matters, thereby making the Library more effective as a whole by providing more time for Library staff to fulfill the public purposes and goals of the Library. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on February 27TH, 2023 at 4:30 PM, as follows: 1. The City Council desires to include the Library’s personnel system within the existing personnel system of the City. 2. The Mayor and Human Resources Director are hereby authorized to begin work to implement the inclusion of the Library’s personnel system within the existing personnel system of the City. The City Council expects that the Mayor and Human Resources Director will work with the Library staff and Board to facilitate this work through a reasonable transition period, which will include, but not be limited to, bringing additional measures to the City Council for that purpose in the near future. ADOPTED this the 27th day of February, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. The following resolution was introduced by Councilman Seibert at the regular meeting on February 13th, 2023. Due to the rules suspension failing to carry unanimously, the resolution was carried over until the current meeting. RESOLUTION NUMBER 2023 - 1870 A RESOLUTION CONCERNING THE LEASE OF CERTAIN REAL PROPERTY LOCATED AT 1003 US HIGHWAY 72 EAST _______________________________________________ WHEREAS, the City Council desires to lease certain property located at 1003 US Highway 72 East (the “Property”) for use by Athens Utilities as a billing and payments center. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on February 27TH, 2023, at 4:30 p.m. as follows: 1. The Mayor is authorized, for and on behalf of the City of Athens, Alabama, to enter into a written agreement with William and Susan Ming (the owners of the Property) for the lease of the Property, upon the following terms: (i) a five (5) year lease term; (ii) the City’s payment of monthly rent in the amount of $7,083.33 per month (with reasonable/incremental percentage increases annually); and (iii) such other and additional terms that are not inconsistent therewith. 2. The cost of the lease shall be divided and apportioned between the Gas Department, Water/Sewer Department, and the Electric Department, proportionately based upon each of their number of total customers for each year of the lease. 3. 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 Resolution. ADOPTED this the 27th day of February, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilwoman Henry and was carried with three yea votes by Councilmembers Seibert, Henry and Harper and two dissenting votes by Councilmembers Wales and Lucas. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2023 - 1871 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow City of Athens to perform a hydrologic and hydraulic study, with the assistance of Schoel Engineering, to submit a LOMR to FEMA to potentially reduce the floodplain/floodway of Town Creek from Elm Street to US-72. The cost of the engineering performed will not exceed $98,300 and this project shall be funded from the Capital Infrastructure Fund. ADOPTED and APPROVED this, the 27th day of February, 2023. /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 Lucas 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, 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 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, 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. Scott Marshall, 212 East Street, Athens, addressed the City Council and stated that no one was given any time to speak regarding the matter of the lease of the property at 1003 US Highway 72 East. Mr. Marshall stated that people have to dig to find out information for items that are presented to the City Council and that an opportunity should be given to the public to address items before a vote is taken by the Council. Kelly Range, 303 Brookwood Drive, Athens, addressed the City Council and remarked that information is not getting out to the citizens. Mr. Range stated that Town Creek needs a lot of work and that people need to pay attention to the environment. Bill Davis, 201 Utah Street, Athens, addressed the City Council regarding his property that borders the floodplain that has been rezoned to residential. Mr. Davis asked several questions that he would have liked answered before this property was rezoned. Mr. Davis noted that the development has changed the entire character of their neighborhood. Cynthia Gibson, 18179 Hightower Road, addressed the City Council regarding the proposed asphalt plant. Ms. Gibson stated that the plant site is residential not agricultural. She noted that in her eyes, the de-annexation was illegal. Jean Hilliard, 18544 Moyers Road, addressed the City Council and read a letter from Stan Hogan, regarding the proposed asphalt plant. Mrs. Hilliard stated that she hopes that the City Council enjoys their daily emails and being remembered for the worst decision that they have made during their careers as council members. Wendell Houston, 417 Cloverleaf Drive, Athens addressed the City Council regarding the property that has been rezoned to residential and borders the floodplain. Mr. Houston echoed Mr. Davis’ remarks and stated that he also has property on Moyers Road that will be affected by the proposed asphalt plant. Council President Wales addressed the citizens that were present regarding the proposed asphalt plant. Mr. Wales noted that he expressed his sympathy with everyone in the letter that he read at the previous meeting and stated that he wishes that he could do more for them. * * * There being no further business to come before the meeting, Council President Wales duly and properly adjourned the meeting. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK