MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD April 6, 2015

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1 MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD April 6, 2015 The City Council of Muscle Shoals, Alabama met at e Muscle Shoals City Hall auditorium in said City at 6:30 p.m. on e 6 day of April, 2015 being e scheduled time and approved place for said meeting. The meeting was called to order by James Holland, President of e Council. The invocation was given by Robert Evans. On roll call e following members were found to be present or absent, as indicated: PRESENT: ABSENT: JOE PAMPINTO, JAMES HOLLAND, MIKE LOCKHART ALLEN NOLES NEAL WILLIS James Holland, President of e Council, presided at e meeting and declared at a quorum was present and at e meeting was convened and opened for e purposes of transaction of business. Mayor Bradford was also present. Richard Williams, City Clerk, was present and kept e minutes of e meeting. Upon motion duly made by Council Member Pampinto seconded by Council Member Noles and unanimously adopted, e Council waived e reading of e minutes of e previously held regular meeting and work session of March 16, 2015 and approved e minutes as written. City. Mayor Bradford read aloud a proclamation declaring April, 2015 as Ear Mon in e President Holland announced at e next item of business was to award a bid for e construction of sidewalks on Sheffield Avenue. Council Member Noles introduced e following resolution and moved for its adoption: RESOLUTION NUMBER BE IT RESOLVED by e Council of e City of Muscle Shoals, Alabama at; WHEREAS, e City Engineer did send out advertisements for bids for construction of Sheffield Avenue Sidewalk Drainage Improvements (ALDOT Project No.: TAPOA-TA13(905), e bid opening being held March 19, 2015 at e City Hall of e City of Muscle Shoals, Alabama; and

2 WHEREAS, at e appointed time and place, as specified above, e following bids were opened and tabulated as follows; and NORTH ALABAMA PAVING, INC. JOE KEENUM EXCAVATION & CONSTRUCTION, INC. COFFEY BROTHERS WASTE MANAGEMENT, INC CYPRESS CONTRACTING, LLC GILLESPIE CONSTRUCTION, LLC TOTAL BID $206, $210, $229, $237, $267, WHEREAS, at e lowest, responsive and responsible bidder after evaluation of e submitted bids, has been determined as Nor Alabama Paving, Inc. wi a total bid price of $206, for e construction of Sheffield Avenue Sidewalk Drainage Improvements; now THEREFORE, BE IT RESOLVED at e apparent lowest, responsive and responsible bidder, Nor Alabama Paving, Inc. is now awarded e bid for e construction of Sheffield Avenue Sidewalk Drainage Improvements at a total bid price of $206, Council Member Lockhart seconded e motion and upon said motion being put to a vote all voted AYE and NAYS were none. President Holland announced at e resolution had been approved. President Holland announced at e next item of business was to auorize e purchase of video cameras for e police department rough e HGACBuy purchasing copperative. Council Member Lockhart introduced e following resolution and moved for its adoption: RESOLUTION NUMBER WHEREAS, e City Council of e City of Muscle Shoals, Alabama approved e purchase of a ree (3) in-car video camera systems to be installed in police cars; and WHEREAS, e Procurement Agent advised at e purchase must comply wi e Alabama Competitive Bid Law requirements, and at a cooperative contract approved by e State of Alabama is valid for such purchase; and WHEREAS, e Procurement Agent furer advised at e purchase price for e 4RE In-Car Video Camera Systems is $14, to be purchased from WatchGuard Video, LLC and furer at WatchGuard Video, LLC is e awarded contractual vendor for said item wi HGACBuy, a State of Alabama approved purchasing cooperative; now THEREFORE, BE IT RESOLVED by e City Council of e City of Muscle Shoals at WatchGuard Video, LLC, e contractual vendor of HGACBuy is awarded e purchase of a (3) 4RE In-Car Video Camera Systems for e total purchase price of $14, Council Member Pampinto seconded e motion and upon said motion being put to a vote all voted AYE and NAYS were none. President Holland announced at e resolution had been approved.

3 President Holland announced at e next item of business was to set a public hearing to consider e adoption of an Ordinance to amend e Zoning Ordinance and Map of e City of Muscle Shoals, Alabama. President Holland announced at at a meeting to be held at e City Hall in said City at 6:00 p.m. on e 4 day of May, 2015, e Council will consider e adoption of an Ordinance to amend e Zoning Ordinance and Zoning Map of said City, e proposed Ordinance being as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF MUSCLE SHOALS, ALABAMA Be it ordained by e Council of e City of Muscle Shoals, Alabama, at e Zoning Ordinance and e Zoning Map of e City of Muscle Shoals, are hereby amended as follows: That e following described area which are currently zoned R-3 and is hereby incorporated in and made a part of e B-2 District, to wit: Begin at norwest corner of lot 672 in Detroit Park Subdivision being Colbert County Parcel I.D. # Run due east for a distance of 320 feet being e west R.O.W. of Philadelphia Street. Thence run due sou along e western R.O.W of Philadelphia Street for a distance of 2471 feet being e soueast corner of lot 779 of Detroit Park #3 Subdivision and Colbert County Parcel I.D. # Thence run west for a distance of feet being lot e souwest corner of lot 754 in Detroit Park #3 Subdivision and Colbert County Parcel I.D. # Thence run nor for a distance of 2475 feet being e norwest corner of lot 672 in Detroit Park Subdivision Colbert County Parcel I.D. # and being e point of beginning. At said time and place, all persons who desire to do so shall have an opportunity of being heard in opposition to or in favor of e adoption of such Ordinance. President Holland announced at e next item of business was to set a public hearing to consider e issuance of a Retail Table Wine License (off premises only) to Aldi Inc. dba Aldi 84 located at 516 W. Avalon Avenue. President Holland announced at at a public hearing to be held at e City Hall in said City at 6:00 p.m. on e 4 day of May, 2015, e Council will consider e issuance of e Retail Table Wine License (off premises only). At said time and place, all persons who desire to do so shall have e opportunity of being heard in opposition to or in favor of e approval of such license. President Holland announced at e next item of business was a public hearing to consider e issuance of a Restaurant Retail Liquor License to Marquez Restaurant Inc. dba Margaritas Mexican Grill located at 604 Michigan Avenue.

4 President Holland noted at proper notice of e date, time and place of said hearing had been given and e matter was before e Council. President Holland stated at e Council would hear from ose persons in support of e issuance of e license as well as ose opposed. There being no one wishing to speak, President Holland stated at approval of e Restaurant Retail Liquor License was before e Council. All ose in favor of e application would indicate so by voting aye and ose opposed would indicate by voting nay. Upon said question being put to a vote, a roll call was had and e vote recorded as follows: AYES: Council Member Pampinto, Council Member Lockhart, Council Member Holland, Council Member Noles NAYS: None President Holland announced at e license had been approved. President Holland announced at e next item of business was a public hearing to consider e adoption of an ordinance to amend e Zoning Ordinance and Zoning Map of e City of Muscle Shoals, Alabama. e proposed ordinance being as follows: ORDINANCE NO AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF MUSCLE SHOALS, ALABAMA Be it ordained by e Council of e City of Muscle Shoals, Alabama, at e Zoning Ordinance and e Zoning Map of e City of Muscle Shoals, are hereby amended as follows: That e following described area which are currently zoned R-2 and is hereby incorporated in and made a part of e B-2 District, to wit: Lots , Lots , Lots , Highland Park #13 The Council finds at legal notice of e proposed amendment to e Zoning Ordinance of e City of Muscle Shoals, Alabama, was published by posting e same in four (4) conspicuous places in e City of Muscle Shoals, Alabama, 15 days prior to e date hereof, ere being no newspaper published in e City of Muscle Shoals, and said notice set for public hearing on e 6 day of April, 2015, at 6:30 o'clock p.m., in e Chambers of e Council of e City of Muscle Shoals located in e City Hall, Muscle Shoals, Alabama, for all persons to appear to be heard eier for or against e adoption of said amendment; and WHEREAS, said public hearing was held and President Holland announced at now was e proper time for persons in favor and ose in opposition to e ordinance to be recognized. There being no one wishing to speak, President Holland stated at approval of e ordinance was before e Council. All ose in favor of e application would indicate so by voting aye and ose opposed would indicate by voting nay. Upon said question being put to a vote, a roll call was had and e vote recorded as follows:

5 AYES: Council Member Pampinto, Council Member Lockhart, Council Member Holland, Council Member Noles NAYS: None President Holland announced at e ordinance had been approved. President Holland announced at e next item of business was consideration of a resolution to appoint a member to e Riverbend Mental Heal Board. Council Member Lockhart introduced e following resolution and moved for its adoption: RESOLUTION NUMBER WHEREAS, a vacancy on e Board of Directors of e Riverbend Center for Mental Heal has occurred and e City Council being desirous of making e necessary appointment to said board; WHEREAS, notice was given to e public of said vacancy and applications solicited for membership to said board; WHEREAS, e following individual made proper application and met e requirements for appointment, is eligible for appointment to fill e pending vacancy: Pam Marks Gargis WHEREAS, Pam Marks Gargis was e lone applicant and determined to be eligible for appointment, and WHEREAS, a roll call vote was had by e City Council as follows: Council Member Pampinto: Pam Marks Gargis Council Member Lockhart: Pam Marks Gargis Council Member Holland: Pam Marks Gargis Council Member Noles: Pam Marks Gargis WHEREAS, Council President Holland announced at Pam Marks Gargis had received a majority of e votes cast, now NOW, THEREFORE, BE IT RESOLVED by e City Council of e City of Muscle Shoals, Alabama does hereby appoint e following named person to serve as set for herein: APPOINTEE BOARD EXPIRATION OF TERM Pam Marks Gargis Riverbend Mental Heal April 2021 The Clerk is hereby directed to notify e above named person of eir appointment and to furer notify e respective board of said appointment. Council Member Pampinto seconded e motion and upon said motion being put to a vote e following vote was recorded:

6 AYES: Council Member Pampinto, Council Member Lockhart Council Member Holland, Council Member Noles NAYS: None. President Holland announced at e Resolution had been approved. President Holland announced at e next item of business was consideration of a resolution to make application to e Alabama Department of Transportation for a grant rough e Transportation Alternative Program. The grant would e construction of sidewalks. Council Member Pampinto introduced e following resolution and moved for its adoption: RESOLUTION NUMBER WHEREAS, e City Council of e City of Muscle Shoals, Alabama has reviewed e scope of work for e proposed Alabama Department of Transportation (ALDOT) FY 2015 Transportation Alternatives Program Application, now THEREFORE BE IT RESOLVED By e City Council of e City of Muscle Shoals, Alabama at e proposed application be approved and BE IT FURTHER RESOLVED at e Mayor be auorized to execute any necessary documents to complete e submission of e application to ALDOT, and BE IT FURTHER RESOLVED at e City of Muscle Shoals commits to pursue e project to completion and be responsible for e required expenses, including, but not limited to, e local share funds and professional fees for preliminary engineering activities. Council Member Noles seconded e motion and upon said motion being put to a vote all voted AYE and NAYS were none. President Holland announced at e resolution had been approved. President Holland announced at e next item of business was consideration of a resolution to approve retail incentives for Long-Lewis of e Shoals to open a NAPA Auto Parts store at 2801 Woodward Avenue under Section of e Constitution of Alabama 1901, as amended (Amendment 772). Council Member Noles introduced e following resolution and moved for its immediate consideration:

7 RESOLUTION NUMBER WHEREAS, Section (a) (3) of e Alabama Constitution of 1901, as amended (Amendment 772) auorizes county and municipal governments to "lend its credit to or grant public funds and ings of value in aid of or to any individual, firm, corporation, or oer business entity, public or private, for e purpose of promoting e economic and industrial development of e county or municipality; and WHEREAS, e City Council of e City of Muscle Shoals, Alabama has considered e request of Long-Lewis Ford of e Shoals, Inc. for e grant of inducements relative to e construction, improvement and refurbishing of structures, outside of e Wilson Dam Corridor, and at 2801 Woodward Avenue, Muscle Shoals, Alabama to induce eligible and qualifying retail establishments, to include a NAPA Auto Parts store, to locate wiin said area and hereby makes e following findings, to wit: 1 Notice of a public meeting, including a description of e proposed benefits to Long-Lewis Ford of e Shoals, Inc, to be held at City Hall on Monday, March 16, 2015 at 6:00 p.m., was published in e TimesDaily on March 8, A public meeting was in fact held before e City Council of Muscle Shoals on Monday, March 16, 2015 at 6:00 p.m. and all persons present were given e opportunity to make comment and ask questions. 3. The inducements to Long-Lewis Ford of e Shoals, Inc., a private entity, and e expenditure of public funds as outlined herein serve valid and sufficient public purposes, including, but not limited to, inducing eligible and qualifying retail establishments, to include a NAPA Auto Parts store, to locate wiin said area location in e City of Muscle Shoals, Alabama and e development of retail business on Woodward Avenue, a primary traffic artery wiin e City notwistanding any incidental benefits accruing to Long-Lewis Ford of e Shoals, Inc. and its principals and its owners. WHEREAS, e City has determined at entry into e transactions described herein will promote e economic development of e City, will create jobs wiin e City, will increase e tax revenues in e City and will improve e quality of life in e City. NOW, THEREFORE, PREMISES CONSIDERED, BE IT RESOLVED by e City Council of e City of Muscle Shoals, Alabama at e following inducements for e benefit of Long-Lewis Ford of e Shoals, Inc. are hereby approved, to wit: 1. The City of Muscle Shoals agrees at Long-Lewis Ford of e Shoals, Inc. will be entitled to receive an amount equal to 50% of all municipal sales tax revenue generated from sales by a NAPA Auto Parts store to be located wiin said area location, namely 2801 Woodward Avenue in e City of Muscle Shoals, Alabama. The current municipal sales tax rate in e City is 3.50%. The sales tax revenues to be shared shall not include any revenues received

8 by e City (a) from any increase in e rate of e sales tax enacted after April 1, 2015 or (b) any sales tax revenues related to construction, improvement and refurbishing of improvements at 2801 Woodward Avenue, Muscle Shoals, Alabama or (c) any of costs, including e purchase price, incurred by Long-Lewis Ford of e Shoals, Inc. associated wi e initial acquisition of e property and e existing improvements ereon. 2. The amount of said payments due to Long-Lewis Ford of e Shoals, Inc. shall be based upon and calculated according to e monly sales tax report filed wi e Department of Revenue by e eligible and qualifying retail establishment to be located wiin said area location. Payments will be made by e 15 of e succeeding mon after e filing of e sales tax report. 3. Payments hereunder shall not extend for a period greater an five (5) years from e date of e initial payment made by e City to Long-Lewis Ford of e Shoals, Inc. nor shall e aggregate amount of e payments exceed $250, or e actual verified costs of e improvements, construction, and refurbishing of e structures at 2801 Woodward Avenue, Muscle Shoals, Alabama, whichever is less. The payments agreed to hereby shall cease to be e obligation of e City when e first of e following events shall occur: a. The expiration of five (5) years from e date of e initial payment made by e City to Long-Lewis Ford of e Shoals, Inc. b. The payment of e cumulative sum of $250,000.00, or an amount equal to e actual verified costs of e improvements, construction, and refurbishing of e structures at 2801 Woodward Avenue, Muscle Shoals, Alabama, whichever is less, is paid by e City to Long-Lewis Ford of e Shoals, Inc.. c. In e event at e retail sales of e eligible and qualifying retail establishment shall not reach e amount set for for business outside e Wilson Dam Corridor for e initial year, en e payments for e succeeding year shall reduced by a pro-rata amount in a ratio equal to e percentage of e reduced sales. In e event e retail sales of e eligible and qualifying retail establishment shall not reach e amount for e succeeding years an payments hereunder shall cease. 4. An eligible and qualifying retail establishment for e purposes hereof is defined as a NAPA Auto Parts store located at 2801 Woodward Avenue, Muscle Shoals, Alabama. 5. The incentives hereunder are non-transferable wiout e express written consent of e City of Muscle Shoals as approved by e City Council. 6. The expenditure of public funds as hereinbefore described for e purposes specified will serve a valid and sufficient public purposes, notwistanding any incidental benefit accruing to any private entity or entities, including Long-Lewis Ford of e Shoals, Inc. 7. The Resolution reflects e City's negotiations to date; however, shall be binding only upon e execution of any oer documents required or due to be executed by e City and Long-Lewis Ford of e Shoals, Inc.

9 8. The City Council does hereby auorize and direct e Mayor of e City, David H. Bradford, to execute and deliver on behalf of e City all documents necessary and required to effectuate e purposes of said Resolution. Council Member Lockhart seconded e motion and upon said motion being put to a vote, a roll call was had and e vote recorded as follows: AYES: Council Member Pampinto, Council Member Lockhart Council Member Holland, Council Member Noles NAYS: None President Holland announced at e motion for immediate consideration was unanimously adopted. Council Member Noles moved at e resolution be adopted as presented. Council Member Lockhart seconded e motion and upon said motion being put to a vote, a roll call was had and e vote recorded as follows: AYES: Council Member Pampinto, Council Member Lockhart Council Member Holland, Council Member Noles NAYS: None President Holland announced e vote and declared at e resolution was approved. President Holland announced at e next item of business was consideration of a resolution to appoint election workers for e April 28, 2015 municipal tax election. Council Member Lockhart introduced e following resolution and moved for its adoption: RESOLUTION NUMBER WHEREAS, a special municipal tax election has been called to be held on e 28 day of April 2015, and WHEREAS, e City Council is required to appoint from e qualified electors, officers to hold e election, now THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MUSCLE SHOALS, ALABAMA at e following individuals are appointed and summoned to serve during e special municipal tax election on e 28 of April, 2015: FIRST SOUTHERN BAPTIST CHURCH - BOX 1 GATTMAN PARK REC CENTER- BOX 2 Gerald Robbins - Inspector Debbie Black - Inspector Glenda Robbins - Clerk Gloria Boatwright - Clerk Betty Hooper - Clerk Pam Marks Gargis - Clerk Be Everett - Clerk Sadie Holman - Clerk Angela Mayfield - Clerk Barbara Sanders - Clerk Freddie Williams - Clerk Robin Sessions - Clerk

10 WOODWARD AVE BAPTIST CHURCH- BOX 3 PLUMBERS/STEAMFITTERS- BOX 4 Diane Crawford - Inspector Jeanie Williams- Inspector Alnita Roden - Clerk Mattie Granville - Clerk Peggy Schmidlkofer - Clerk Melinda Jumper - Clerk David Turner - Clerk George Granville - Clerk Norma Hallmark - Clerk Mary Eubanks - Clerk Jeanette Jones - Clerk Barbara Jones - Clerk GRACE LIFE CHURCH - BOX 5 CITY HALL-BOX 6 Teresa Scofield - Inspector Gloria Johnson - Inspector Nancy Woodruff - Clerk Mavis Burney - Clerk Peggy Risner - Clerk Quintis Johnson - Clerk Jean Madden - Clerk Lula Tipton - Clerk Mary Jarmon - Clerk Kellie Williamson - Clerk Hattie Young - Clerk Deloris Burt - Clerk ABSENTEES - CITY HALL Marie Rich - Inspector Mara Bowles - Clerk Joan Marsh - Clerk Peggy Vickers - Clerk BE IT FURTHER RESOLVED at e following compensation be established for e respective officials: Inspector $ per day; Clerk $ per day. Council Member Pampinto seconded e motion and upon said motion being put to a vote all voted AYE and NAYS were none. President Holland announced at e resolution had been approved. President Holland announced at e next item of business was consideration of a resolution to demonstrate support for e reinstatement of e University of Alabama at Birmingham football program. Council Member Pampinto introduced e following resolution and moved for its adoption: RESOLUTION NUMBER A RESOLUTION IN SUPPORT OF THE UNIVERSITY OF ALABAMA AT BIRMINGHAM FOOTBALL PROGRAM WHEREAS, e economic impact of e University of Alabama at Birmingham benefits e City of Birmingham and e surrounding municipalities; and,

11 WHEREAS, several citizens of e City of Muscle Shoals currently attend or have attended e University of Alabama at Birmingham; and, WHEREAS, e elected officials of e City of Muscle Shoals believe in e values and community which aletics, e marching band, spirit and cheering squads provide to e college environment and experience, now. THEREFORE BE IT RESOLVED, at e City Council of e City of Muscle Shoals, Alabama urges e University of Alabama System Board of Trustees and e University of Alabama at Birmingham President to reestablish e University of Alabama at Birmingham Football, Bowling and Rifle Programs, and BE IT FURTHER RESOLVED at e City Council of e City of Muscle Shoals, Alabama urges e University of Alabama at Birmingham alumni and current students as well as e local business community to take responsibility for supporting e sports programs rough attendance and donations of time and/or financial resources to ensure e uninterrupted continuation of such extracurricular activities. Council Member Noles seconded e motion and upon said motion being put to a vote all voted AYE and NAYS were none. President Holland announced at e resolution had been approved. President Holland announced at e next item of business was consideration of a resolution to develop a sister city relationship wi Be-El, Israel. Council Member Noles introduced e following resolution and moved for its adoption: RESOLUTION NUMBER Resolution for Sister City Relationship Between The Shoals Cities in Norwest Alabama, USA, Florence, Muscle Shoals, Sheffield, and Tuscumbia And Be-El, Israel Whereas e city of Be-El, Israel has expressed eir desire to form a partnership wi The Shoals Quad Cities, believing at is new relationship will be mutually beneficial to bo, and Whereas many from our community have traveled to The Holy Land of Israel, appreciating eir roots in antiquity as well as acknowledging em as a modern, technologically advanced nation from which we have much to glean including eir academic, commercial, and civil affairs, and

12 Whereas Alabama has a long history of joining togeer wi e Israeli people, beginning in June, 1943 wi a Unanimous Joint Resolution by e Senate and House of Representatives of e State of Alabama ( Act 144, SJR Regular Session) calling for e establishment of e Jewish State and homeland for e Jewish peoples a full five years before ey were officially declared a nation, and Whereas it is our desire to build friendships and mutually-beneficial relationships between our communities, fulfilling e vision of President Eisenhower in 1956, who formed what we now know as e Sister Cities International Organization, for e sake of promoting peace and prosperity roughout e world, now Therefore be it resolved at in e interests of establishing a dialogue between e people of Be-El and e people of The Shoals, e City of Muscle Shoals does hereby recognize a new Sister City relationship between The Shoals cities of Florence, Muscle Shoals, Sheffield, and Tuscumbia in norwest Alabama and e community of Be-El, Israel, and Be it furer resolved an an official commission be formed (The Shoals-Be-El Sister City Commission) to facilitate e sharing of expertise by involving appropriate individuals, groups, and businesses in developing cultural, educational, technical and commercial exchanges. Council Member Lockhart seconded e motion and upon said motion being put to a vote all voted AYE and NAYS were none. President Holland announced at e resolution had been approved. President Holland announced at e City Council work session scheduled for April 20, 2015 would begin at 5:00 pm in order to conduct interviews for appointment to e Board of Education. The interviews will be conducted in e City Hall conference room.

13 There being no furer business to come before e meeting, upon e motion duly made and seconded e meeting was adjourned. CITY OF MUSCLE SHOALS, ALABAMA a Municipal Corporation COUNCIL MEMBER - PLACE ONE COUNCIL MEMBER - PLACE TWO COUNCIL MEMBER - PLACE THREE COUNCIL MEMBER - PLACE FOUR ATTEST: COUNCIL MEMBER - PLACE FIVE CITY CLERK