City Council

September 27, 2021 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West, Athens, Alabama, on September 27, 2021 at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call, the following were found to be present: Councilmembers Wayne Harper, Frank Travis, Chris Seibert, Dana Henry and Harold Wales. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Frank Travis 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 September 13, 2021 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. The Chairperson stated that the Minutes of the September 13, 2021 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. Mayor Marks addressed curbside recycling and announced that the City will resume pickup on October 4, 2021. He noted that on Friday, September 24th, Athtoberfest took place. The Mayor also noted that Love for the City was held on the Square on Saturday, September 25th and that on November 6th, local churches will hold an event called Hope for Athens at Swan Creek Park. Councilman Travis commented that Love for the City was a great event and that at the end of the day, we should all respect and love each other. Mr. Travis then read a proclamation titled “Love for the City, Unity Proclamation.” PUBLIC HEARING – RELATING TO A PROPOSED ORDINANCE TO REZONE +/- 80.4 ACRES LOCATED ON HUNTSVILLE BROWNSFERRY ROAD AT THE GAMBLE HOUSE PROPERTY FROM EST – ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO C-PUD CONVENTIONAL PLANNED UNIT DEVELOPMENT DISTRICT, AND ALSO THE ADOPTION OF THE MASTER PLAN FOR SUMMERFIELDS AT THE GAMBLE HOUSE Matt Davidson, City Planner, addressed the Council regarding the rezone and stated that the Athens Planning Commission has recommended approval. Mark Gamble, 22389 Huntsville Brownsferry Road, owner of the property, addressed the Council and asked for their consideration of the rezone. Chuck Bradley, 24943 Queen Ann’s Lace, Athens, addressed the Council regarding economic growth. Mr. Bradley stated that he doesn’t believe that the infrastructure or the roads are prepared for future growth. Tracy Brooks, 24962 Queen Ann’s Lace, Athens, echoed Mr. Bradley’s remarks. He stated that the roads need to be repaired to support traffic. The public hearing was closed. Councilman Wales introduced the following ordinance: AN ORDINANCE TO REZONE +/- 80.4 ACRES LOCATED ON HUNTSVILLE BROWNS FERRY ROAD AT THE GAMBLE HOUSE PROPERTY FROM EST - ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO C-PUD CONVENTIONAL PLANNED UNIT DEVELOPMENT DISTRICT, AND ALSO THE ADOPTION OF THE MASTER PLAN FOR SUMMERFIELDS AT THE GAMBLE HOUSE WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 – 2183 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from EST Estate Residential and Agricultural District to C-PUD Conventional Planned Unit Development District, AND ALSO the adoption of the Master Plan for Summerfields at the Gamble House. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “C-PUD Conventional Planned Unit Development District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: 1. That all of the hereinafter described area or real estate is hereby zoned C-PUD Conventional Planned Unit Development District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: The East half of the Southwest Quarter of the Southwest Quarter of Section 35, Township 3 South, Range 4 West of the Huntsville Meridian, Limestone County, Alabama. Containing 78.93 Acres more or less. Including 1.82 Acres lying in East half of the Southwest Quarter of the Southwest Quarter of Section 35, Township 3 South, Range 4 West. RB. 2003, PG 76404 and 76405. and being subject to: one-half the right-of-way of Huntsville Brownsferry Road along the south of property, said right-of-way containing 0.19 Acres. Except the Right-of-Way Dedication along the north side of Huntsville Brownsferry Road called Tract #1 and Tract #2 containing 1.07 Acres. RB. 2020, PG. 39809 – 39815. 2. The Master Plan for Summerfields at the Gamble House is hereby adopted. (A copy of the same is on file in the Public Works Department, and will also be attached to the minutes of this meeting.) ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING – RELATING TO A PROPOSED ORDINANCE TO REZONE THE ESTATE OF JOHN W. JOHNSON AND ALLEN SHAW, APPROXIMATELY 12.23 ACRES LOCATED OFF OF EIDSON STREET, FROM M-1 LIGHT INDUSTRIAL TO R-1-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL Matt Davidson, City Planner, addressed the Council, regarding the rezone for John W. Johnson and Allen Shaw and stated that the City Planning Commission has recommended approval. Billy Thompson, 2104 West Ferry Way, Huntsville, addressed the Council and stated that he was in favor of the rezone. The public hearing was closed. Councilwoman Henry introduced the following ordinance: AN ORDINANCE TO REZONE THE ESTATE OF JOHN W. JOHNSON AND ALLEN SHAW APPROXIMATELY 12.23 ACRES LOCATED OFF OF EIDSON STREET FROM M-1 LIGHT INDUSTRIAL TO R-1-2 MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 - 2184 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from a M-1 Light Industrial to R-1-2 Medium Density Single-Family Residential. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-1-2 Medium Density Single Family Residential”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned R-1-2 Medium Density Single Family Residential District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract or parcel of land lying and being situated in Section 15, 16, & 22, Township 3 South, Range 1 West of the Huntsville Meridian. Beginning at the Southeast Corner of Section 16, Township 3 South, Range 4 West of the Huntsville Meridian; thence along the south boundary of said Section 16 North 86 Degrees 38 Minutes 28 Seconds West a distance of 672.00 feet to the southwest corner of a tract of land conveyed to Johnson and Shaw LLC, as recorded in the Office of the Judge of Probate for Limestone County Alabama in Fiche 94436, Page 17; thence leaving said south boundary and along the west boundary of said Johnson and Shaw LLC tract North 00 Degrees 02 Minutes 03 Seconds West a distance of 530.91 feet; thence leaving said west boundary South 87 Degrees 18 Minutes 59 Seconds East a distance of 648.00 feet to the Existing Floodway Boundary as defined by the Federal Flood Insurance Rate Map Panel Number 01083C0189F dated August 16, 2018; thence along said floodway boundary South 08 Degrees 15 Minutes 35 Seconds East a distance of 28.99 feet; thence South 04 Degrees 51 Minutes 41 Seconds East a distance of 509.32 feet; thence South 08 Degrees 14 Minutes 18 Seconds East a distance of 135.76 feet; thence South 11 Degrees 00 Minutes 28 Seconds East a distance of 377.17 feet; thence South 08 Degrees 05 Minutes 20 Seconds East a distance of 381.48 feet; thence South 04 Degrees 07 Minutes 59 Seconds East a distance of 166.06 feet; thence South 04 Degrees 34 Minutes 12 Seconds East a distance of 125.69 feet; thence South 04 Degrees 31 Minutes 07 Seconds East a distance of 32.25 feet; thence South 04 Degrees 34 Minutes 38 Seconds East a distance of 75.46 feet; thence South 07 Degrees 06 Minutes 41 Seconds East a distance of 42.29 feet to the south boundary of said Johnson and Shaw LLC tract; thence leaving said floodway boundary and along said south boundary North 88 Degrees 33 Minutes 55 Seconds West a distance of 212.71 feet to the west boundary of Section 22, Township 3 South, Range 4 West of the Huntsville Meridian; thence leaving said south boundary and along said west boundary North 00 Degrees 21 Minutes 37 Seconds East a distance of 1313.47 feet to the Point of Beginning. Formatted: Times New Roman, 10 pt,Complex Script Font: 10 pt The above described parcel contains 12.23 acres (532899.72 sq. ft.), more or less. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Henry thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING – RELATING TO A PROPOSED ORDINANCE TO REZONE +/-64.9 ACRES OF PROPERTY AT 2075 US HWY 31 S (DRY CREEK CAPITAL INVESTMENTS, LLC) FROM EST – ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R-2 MULTIPLE FAMILY DISTRICT, AND ALSO TO ADOPT THE MASTER DEVELOPMENT PLAN OF STRAIN PROPERTY MULTI-FAMILY Matt Davidson, City Planner, addressed the Council, regarding the rezone for Dry Creek Capital Investments, LLC and stated that the Athens Planning Commission has recommended approval. No one spoke in favor of or against. The public hearing was closed. Councilman Travis introduced the following ordinance: AN ORDINANCE TO REZONE +/- 64.9 ACRES OF PROPERTY AT 2075 US HWY 31 S (DRY CREEK CAPITAL INVESTMENTS LLC) FROM EST ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R-2 MULTIPLE FAMILY RESIDENTIAL DISTRICT, AND ALSO TO ADOPT THE MASTER DEVELOPMENT PLAN OF STRAIN PROPERTY MULTI-FAMILY WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS  ORDINANCE NUMBER 2021 - 2185 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from EST - Estate Residential and Agricultural District to R-2 Multiple Family Residential District, AND ALSO to adopt the Master Development Plan of Strain Property Multi-Family within the corporate limits of the City of Athens. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-2 Multiple Family Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: 1. That all of the hereinafter described area or real estate is hereby zoned R-2 Multiple Family Residential District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF HELON ESTATES AS RECORDED IN PLAT BOOK J PAGE 177 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA, SAID POINT ALSO BEING THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED TRACT. THENCE FROM THE POINT OF BEGINNING RUN SOUTH 86°46'37" EAST ALONG A FENCE LINE AT A DISTANCE OF 426.24 FEET TO A CAPPED IRON PIN; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 84°02'37" EAST AT A DISTANCE OF 469.29 FEET TO A POINT; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 01°45'25" WEST AT A DISTANCE OF 284.15 FEET TO A 5/8” REBAR; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 00°46'06" WEST AT A DISTANCE OF 787.07 FEET TO A POINT; THENCE LEAVING SAID FENCELINE RUN NORTH 89°33'37" WEST AT A DISTANCE OF 581.64 FEET TO A POINT; THENCE RUN SOUTH 0°26'23" WEST AT A DISTANCE OF 175.00 FEET TO A POINT; THENCE RUN NORTH 89°33'37" WEST AT A DISTANCE OF 137.36 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET, AN ARC LENGTH OF 115.38 FEET, A CHORD BEARING OF NORTH 67°31'30" WEST, AND A CHORD LENGTH OF 112.55 FEET TO A POINT; THENCE RUN NORTH 45°29'23" WEST AT A DISTANCE OF 48.38 FEET TO A POINT; THENCE RUN SOUTH 44°30'37" WEST AT A DISTANCE OF 260.26 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 136.27 FEET, A CHORD BEARING OF SOUTH 67°28'30" WEST, AND A CHORD LENGTH OF 132.66 FEET; THENCE RUN NORTH 89°33'37" WEST AT A DISTANCE OF 130.72 FEET TO A POINT ON THE EASTERN RIGHT- OF-WAY FOR US HIGHWAY 31; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH 00°26'23" EAST AT A DISTANCE OF 482.87 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE LEAVING SAID RIGHT-OF-WAY RUN SOUTH 88°42'04" EAST AT A DISTANCE OF 301.69 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN SOUTH 88°44'27" EAST AT A DISTANCE OF 94.05 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN SOUTH 88°41'58" EAST AT A DISTANCE OF 79.23 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN NORTH 01°17'08" EAST AT A DISTANCE OF 442.09 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN NORTH 88°41'17" WEST AT A DISTANCE OF 79.35 FEET TO A POINT; THENCE RUN NORTH 01°16'46" EAST AT A DISTANCE OF 209.00 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN NORTH 01°16'29" EAST AT A DISTANCE OF 346.71 FEET AND BACK TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 27 ACRES, MORE OR LESS. SUBJECT TO A 35’ WIDE NATURAL GAS EASEMENT. SAID TRACT ALSO SUBJECT TO ALL RIGHTSOF WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS THAT MAY OR MAY NOT BE OF RECORD. 2. The Master Development Plan of Strain Property Multi-Family is hereby adopted. (A copy of the same is on file in the Public Works Department, and will also be attached to the minutes of this meeting.) ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Travis thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING – RELATING TO A PROPOSED ORDINANCE TO REZONE +/-52 ACRES OF PROPERTY AT 525 STRAIN ROAD WEST (HARRY WAKEHAM, RUSSELL WAKEHAM AND CYNTHIA BURSON) FROM EST – ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R-1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT Matt Davidson, City Planner, addressed the Council, regarding the rezone at 525 Strain Road and stated that the Athens Planning Commission has recommended approval. No one spoke in favor of or against. Councilwoman Henry introduced the following ordinance: AN ORDINANCE TO REZONE +/-52 ACRES OF PROPERTY AT 525 STRAIN ROAD WEST (HARRY WAKEHAM, RUSSELL WAKEHAM AND CYNTHIA BURSON) FROM EST ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R-1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 - 2186 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from EST Estate Residential and Agricultural District to R-1-3 High Density Single Family Residential District within the corporate limits of the City of Athens. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-1-3 High Density Single Family Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned R-1-3 High Density Single Family Residential District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A parcel of land situated in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 21, Township 3 South, Range 4 West, Limestone County, Alabama and being more particularly described as follows: COMMENCING at the Southeast corner of Section 21, Township 3 South, Range 4 West Limestone County, Alabama; thence run North along the East line of said Section 21 for a distance of 1,550 feet more or less to a point; thence leaving said East line run West for a distance of 265 feet more or less to the POINT OF BEGINNING of the herein described parcel, said point lying on the Northerly right of way of Strain Road; thence continue in a Westerly direction along said right of way for a distance of 1,110 feet more or less to a point; thence run North for a distance of 2,000 feet more or less to a point; thence run East for a distance of 1,110 feet more or less to a point; thence run South for a distance of 2,000 more or less to the POINT OF BEGINNING. Containing 52 Acres more or less. All calls for the above-described property are based on deed information and are considered to be approximate, this description was prepared without the benefit of a certified survey of the subject property. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Henry thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING – RELATING TO A PROPOSED ORDINANCE TO REZONE +/-2.5 ACRES OF PROPERTY (MARYANN THOMPSON BYRD) LOCATED NORTHWEST OF THE INTERSECTION OF US HIGHWAY 72 AND HINE STREET AT 1406 HINE STREET SOUTH, FROM B-2 GENERAL BUSINESS DISTRICT AND TN-2 TRADITIONAL NEIGHBORHOOD DISTRICT TO B-2 GENERAL BUSINESS DISTRICT Matt Davidson, City Planner, addressed the Council, regarding the rezone from Maryann Thompson Byrd, and stated that the Athens Planning Commission has recommended approval. Mary Thompson Byrd, 16511 Lindsay Road, Tanner, owner of the property, addressed the Council and asked for consideration of the rezone. The public hearing was closed. Councilman Travis introduced the following ordinance: AN ORDINANCE TO REZONE +/- 2.5 ACRES OF PROPERTY (MARYANN THOMPSON BYRD) LOCATED NORTHWEST OF THE INTERSECTION OF US HIGHWAY 72 AND HINE STREET AT 1406 HINE STREET SOUTH, FROM B-2 GENERAL BUSINESS DISTRICT & TN-2 TRADITIONAL NEIGHBORHOOD DISTRICT TO B-2 GENERAL BUSINESS DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 – 2187 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from B-2 General Business District & TN-2 Traditional Neighborhood District to B-2 General Business District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “B-2 General Business District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned B-2 General Business District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: One acre, more or less, near the Southeast corner of the Southeast Quarter of the southeast Quarter of Section 7, Township 3 South, Range 4 West and more fully described as follows, to wit: Beginning at a point 446 feet North of Southeast corner of Section 7, Township 3 South, Range 4 West on the section line and run thence South 86 degrees West 215 feet, thence South 4 degrees East, 308 feet to the middle of the Old Lucas Ferry Road, thence North 40 degrees East with said road 300 feet to the section line, thence with it North 84 feet to the point of the beginning, and to contain one acre, more or less. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Travis thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING – RELATING TO A PROPOSED ORDINANCE TO REZONE +/-234.42 ACRES OF PROPERTY (NEWBY FARMS) ON THE EAST SIDE OF CAMBRIDGE LANE, MOSTLY SOUTH OF FRENCH MILL CREEK, KNOWN AS A PORTION OF LOT 12 OF ATHENS-EAST SUBDIVISION, FROM EST – ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R-1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT Matt Davidson, City Planner, addressed the Council, regarding the rezone for Newby Farms, and stated that the Athens Planning Commission has recommended approval. Taz Morell, Morell Engineering, addressed the Council and stated that he was representing Newby Farms. Mr. Morell presented maps and information regarding the rezone and asked the Council to consider approving the request. Patrick Chestnut, representative for Melinda Rowe, addressed the Council and stated that Ms. Rowe was not able to present a powerpoint. He expressed to Council President Harper that Ms. Rowe should be shown the same consideration. President Harper responded that at the last meeting, Ms. Rowe had presented the council members with a handout with a lot of information. President Harper asked if there was anyone else that would like to speak in favor of the proposed rezoning. Seeing no one else, Harper asked if there was anyone that would like to speak against the proposed rezoning. Chuck Bradley, 24943 Queen Anne’s Lace, Athens, addressed the Council regarding the creeks around the rezone for Newby Farms. He asked that traffic be managed or that speed bumps be placed in their subdivision. Tracy Brooks, 24962 Queen Anne’s Lace, Athens, addressed the Council regarding flooding. He stated that Cambridge Lane was not designed for high amounts of traffic. Phil Ridinger, 24188 Newby Road, Athens, addressed the Council regarding infrastructure and stated that the ditches are not able to handle the flooding. Mr. Ridinger stated that Mooresville Road was too narrow and that the large trucks need to be asked to travel a different route. Melinda Rowe, 13569 Cambridge Lane, Athens, thanked the Council for speaking with them and listening to their opposition of the rezone of Newby Farms. Ms. Rowe stated that they are not against development but against the volume of 700 units on that many acres. She requested the Council to vote against the rezoning for Newby Farms. Council President Harper asked if there was anyone else that would like to speak again the rezoning. No one else stood to speak, and so President Harper closed the public hearing. Councilman Seibert then introduced and moved for adoption of the following ordinance: AN ORDINANCE TO REZONE +/- 234.42 ACRES OF PROPERTY (NEWBY FARMS) ON THE EASTSIDE OF CAMBRIDGE LANE MOSTLY SOUTH OF FRENCH MILL CREEK, KNOWN AS A PORTION OF LOT 12 OF ATHENS-EAST SUBDIVISION, FROM EST-ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R- 1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 – 2188 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from EST Estate Residential and Agricultural District to R-1-3 High Density Residential District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-1-3 High Density Single Family Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned R-1-3 High-Density Single-Family Residential District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Lot 12 of Athens-East Subdivision, a minor subdivision, a part of Sections 19 and 30 of Township 3 South, Range 3 West, Limestone County, Alabama, according to the map or plat of said subdivision on file in the Probate Office of Limestone County, Alabama, in Plat Book G, Page 74. The above described real estate is conveyed subject to the following restriction: None of the subject property may be used for mining, whether open pit or underground or as a quarry or in any other way used for the extraction of any type of stone or stone products, including but not limited to limestone or sandstone for a period of thirty (30) years from May 14, 2001. LESS AND EXCEPT: A tract of land lying in Section 30, Township 3 South, Range 3 West, also being a part of Lot 12 of Athens-East Subdivision as recorded in Plat Book "G" Page 74 in the Office of the Judge of Probate of Limestone County, Alabama, and being more particularly described as follows: Commence at an existing iron pin with cap stamped: "McElroy Land Surveying" at the Northeast comer of Lot 12 of Athens East Subdivision as recorded in Plat Book "G" Page 74 in the Office of the Judge of Probate of Limestone County, Alabama, said point being on the West right of way of Mooresville Road, thence North 88 degrees 37 minutes 06 seconds West along the North boundary of said Lot 12 a distance of 10.00 feet to a set 5/8 inch rebar with cap stamped: "Dunivant Engr. Co. CA-0044-LS", said 5/8 inch rebar being Point of True Beginning of the tract herein described, thence from the Point of True Beginning South 01 degrees 24 minutes 43 seconds West along the West right of way of said Mooresville Road a distance of 382.22 feet to a set 5/8 inch rebar with cap stamped: "Dunivant Engr. Co. CA- 00440-LS", thence leaving the right of way of said Mooresville Road North 88 degrees 35 minutes 17 seconds West a distance of 290.00 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. Coffman RLS- 15455", thence South 01 degrees 24 minutes 43 seconds West a distance of 417.00 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. Coffman RLS- 15455", thence North 88 degrees 35 minutes 17 seconds West a distance of2328.03 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. Coffman RLS- 15455", thence North 01 degrees 12 minutes 24 seconds East a distance of 1187.86 feet to an existing iron pin with cap stamped: "McElroy Land Surveying", thence South 88 degrees 37 minutes 06 seconds East a distance of 692.17 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. CoffmanRLS- 15455", thence South 01 degrees 24 minutes 15 seconds West a distance of 390.00 feet to an existing iron pin with cap stamped: "McElroy Land Surveying", thence South 88 degrees 37 minutes 06 seconds East a distance of 1930.06 feet the Point of True Beginning, and containing 51.43 acres, more or less. SUBJECT TO: Easements as shown on the final plat of said Athens-East Subdivision. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilwoman Henry moved to suspend the rules for immediate consideration of the ordinance. Councilman Travis seconded the motion. President Harper asked for a roll call vote on the motion to suspend the rules. Councilmembers Seibert, Harper, Henry and Travis voted “yes.” Councilman Wales voted “no.” In the absence of unanimous consent to suspend the rules for immediate consideration of the proposed ordinance, President Harper announced that the proposed ordinance would be carried over for consideration at the Council’s next regular meeting. Councilman Wales asked for further discussion, and President Harper allowed him to speak. Mr. Wales stated that this rezoning request has been one of the most emotional issues he’s seen in a long time. He complimented both the Newby and Rowe families on being honorable people and that he had no problem with either of the families. He stated that although previous discussions had pointed out that the Newby family had granted sewer easements, he wanted to clarify that the late Buddy Rowe was the first one to grant a right of way across his property to gain access to the Newby property and that he wanted that fact known. He stated that the only reason he planned to vote against the rezoning request was his opinion that the density is too high. Bill Ming, 1700 Ole Carriage Lane, Athens, one of the Newby family members, asked to address the Council. President Harper allowed it. Ming stated that this is the 4th time the Council has come together. He stated he doesn’t understand why the Council is not in the position to go ahead and vote on this tonight. There was an interruption from the audience, and President Harper called the room back to order, to allow Ming to continue. Ming stated that by Mr. Wales voting no on the rules suspension is not allowing the other Council members to vote. Councilman Wales then stated that he wanted to change his vote on the rule suspension, in order to allow for immediate consideration of the ordinance at tonight’s meeting. He asked Shane Black, the City Attorney, how that could be accomplished. Mr. Black explained that ordinances like this one can’t be adopted at the same meeting they are introduced unless all councilmembers give their unanimous consent to do so. But since there was no unanimous consent to suspend the rules to take up the ordinance at tonight’s meeting, the Council cannot take up the proposed rezoning ordinance. However, Black explained that Wales (who had voted on the prevailing side of the motion to suspend the rules - see above) could move to reconsider the vote on that question. Councilman Wales then moved to reconsider the vote to suspend the rules for immediate consideration of the ordinance. Councilman Seibert seconded the motion. Councilman Wales stated that Ming was right – he could not support the proposed ordinance, but he agreed that it was time for the Council to vote on the matter. Councilman Seibert asked Mr. Black to clarify what was being voted on – Black responded that this was a vote on the question of whether to reconsider the vote on the suspension of the rules. Black explained that if the Council voted “yes” on the motion to reconsider, then there would be another vote to see whether there was unanimous consent to suspend the rules for immediate consideration of the proposed ordinance at tonight’s meeting. President Harper then called for the vote on the motion to reconsider. Councilmembers Harper, Travis, Seibert, Henry and Wales all voted “yes.” The motion to reconsider was unanimously approved, putting the question of whether there was unanimous consent to suspend the rules for immediate consideration of the rezoning ordinance back before the Council for another vote. There was some discussion prior to the vote. President Harper, with Councilman Travis and the City Clerk’s assistance, clarified that Councilwoman Henry had previously moved to suspend the rules, and that Councilman Travis had seconded the motion. President Harper asked that Councilman Seibert read the proposed ordinance again. Councilman Seibert, who had previously introduced the motion to adopt the rezoning ordinance, restated the introduced ordinance. Again, the ordinance states as follows: AN ORDINANCE TO REZONE +/- 234.42 ACRES OF PROPERTY (NEWBY FARMS) ON THE EASTSIDE OF CAMBRIDGE LANE MOSTLY SOUTH OF FRENCH MILL CREEK, KNOWN AS A PORTION OF LOT 12 OF ATHENS-EAST SUBDIVISION, FROM EST-ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT TO R- 1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2021 – 2188 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from EST Estate Residential and Agricultural District to R-1-3 High Density Residential District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-1-3 High Density Single Family Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned R-1-3 High-Density Single-Family Residential District in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Lot 12 of Athens-East Subdivision, a minor subdivision, a part of Sections 19 and 30 of Township 3 South, Range 3 West, Limestone County, Alabama, according to the map or plat of said subdivision on file in the Probate Office of Limestone County, Alabama, in Plat Book G, Page 74. The above described real estate is conveyed subject to the following restriction: None of the subject property may be used for mining, whether open pit or underground or as a quarry or in any other way used for the extraction of any type of stone or stone products, including but not limited to limestone or sandstone for a period of thirty (30) years from May 14, 2001. LESS AND EXCEPT: A tract of land lying in Section 30, Township 3 South, Range 3 West, also being a part of Lot 12 of Athens-East Subdivision as recorded in Plat Book "G" Page 74 in the Office of the Judge of Probate of Limestone County, Alabama, and being more particularly described as follows: Commence at an existing iron pin with cap stamped: "McElroy Land Surveying" at the Northeast comer of Lot 12 of Athens East Subdivision as recorded in Plat Book "G" Page 74 in the Office of the Judge of Probate of Limestone County, Alabama, said point being on the West right of way of Mooresville Road, thence North 88 degrees 37 minutes 06 seconds West along the North boundary of said Lot 12 a distance of 10.00 feet to a set 5/8 inch rebar with cap stamped: "Dunivant Engr. Co. CA-0044-LS", said 5/8 inch rebar being Point of True Beginning of the tract herein described, thence from the Point of True Beginning South 01 degrees 24 minutes 43 seconds West along the West right of way of said Mooresville Road a distance of 382.22 feet to a set 5/8 inch rebar with cap stamped: "Dunivant Engr. Co. CA- 00440-LS", thence leaving the right of way of said Mooresville Road North 88 degrees 35 minutes 17 seconds West a distance of 290.00 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. Coffman RLS- 15455", thence South 01 degrees 24 minutes 43 seconds West a distance of 417.00 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. Coffman RLS- 15455", thence North 88 degrees 35 minutes 17 seconds West a distance of2328.03 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. Coffman RLS- 15455", thence North 01 degrees 12 minutes 24 seconds East a distance of 1187.86 feet to an existing iron pin with cap stamped: "McElroy Land Surveying", thence South 88 degrees 37 minutes 06 seconds East a distance of 692.17 feet to an existing 5/8 inch rebar with cap stamped: "Ronnie G. CoffmanRLS- 15455", thence South 01 degrees 24 minutes 15 seconds West a distance of 390.00 feet to an existing iron pin with cap stamped: "McElroy Land Surveying", thence South 88 degrees 37 minutes 06 seconds East a distance of 1930.06 feet the Point of True Beginning, and containing 51.43 acres, more or less. SUBJECT TO: Easements as shown on the final plat of said Athens-East Subdivision. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilman Travis said that he voted to suspend the rules. Councilwoman Henry stated that she seconded. (President Harper treated this as a restatement of the now-being-reconsidered motion to suspend the rules previously moved by Henry and seconded by Travis, and, without objection, Harper proceeded to the vote.) The motion to reconsider having been approved, President Harper called for another roll-call vote on whether to suspend the rules for immediate consideration of the rezoning ordinance introduced by Seibert. Councilmembers Harper, Travis, Seibert, Henry, and Wales all unanimously voted “yes” to suspend the rules for immediate consideration of the rezoning ordinance. President Harper asked if there was a second to the proposed rezoning ordinance. Councilman Travis seconded the proposed rezoning ordinance. President Harper called for discussion, and there was none. He then called for a roll-call vote on the proposed rezoning ordinance. Councilmembers Harper, Travis, Seibert, and Henry all vote “yes” in favor of adopting the proposed rezoning ordinance. Councilman Wales voted “no.” The proposed rezoning ordinance was approved by a vote of 4-1. PUBLIC HEARING – RELATING TO A PROPOSED RESOLUTION TO DETERMINE THAT A STRUCTURE AT 209 SOUTH JEFFERSON STREET IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Inspector, addressed the Council regarding the unsafe structure. Mr. Waddell stated that the owner had been notified multiple times and that no action has been taken. He provided materials to the council members documenting the unsafe condition of the property (which are attached to these minutes). Mr, Waddell recommended condemnation by the Council. No one spoke in favor of or against. The public hearing was closed. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2021 - 1766 A RESOLUTION DETERMINING THAT A STRUCTURE AT 209 SOUTH JEFFERSON STREET IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority;  WHEREAS, the appropriate municipal official has presented information to the City Council about a structure and/or building (herein referred to as the “Structure”) located at the real property described as follows: Address: 209 S Jefferson Street, Athens, AL 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 appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, at this regular meeting, the City Council has conducted a public hearing concerning this matter, and has received and reviewed information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants;  (2) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (3) The building contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to the life, health, property, morals, safety, or general welfare of the public or the occupants; and (4) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that the same is due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on September 27, 2021 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 2. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department is authorized to contract, on behalf of the City of Athens, with a third party(ies) for an asbestos survey and demolition of the unsafe structure(s), for a cost not in excess of $15,000.00, although the City Council directs that the cost be as low as possible to accomplish the intended purpose. Should the combined screening, remediation and demolition costs appear to exceed $15,000.00, then the appropriate municipal official is directed to report the same to the City Council prior to further action. 3. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. 4. After demolition, the appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. ADOPTED this the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Henry thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilwoman Henry stated that as a citizen of the Square area, she was excited to get rid of an eyesore and thanked Erik Waddell and his department for that effort. Councilman Travis spoke regarding Blendor Crooks Drive and the mess that the contractors had made that washed dirt and mud into the drainage areas. He also addressed Miller Street, Bridgeforth Street and Plato Jones and stated that they have been disrupted for a long time. Debra Wood, 1300 Montreat Drive, addressed the Council and Mayor and noted that she had seen the Mayor on the news and asked him to do what he says for all of Athens and not in just one area. She thanked Mr. Travis for coming out to see the mud that had filled the drainage ditch and stated that it runs into her backyard. Ms. Wood said that someone came out with a bobcat and cleaned part of the mud out but that if it rained tonight, her yard would be flooded again. She would like for the City to come out and clean the mud off of the street and clean out the ditches. Mr. Travis stated that he wanted Public Works to do what it takes to get these things done. James Rich, Public Works Director, expressed that they are hoping to get the contractor, Rogers Group, out to the area soon. He agreed that it is unacceptable. Mr. Rich also stated that he had been out to look at Bendor Crooks Drive and that they would get to that as soon as possible also. Mr. Travis state that all the community wants is a timeframe. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Dr. Robert R. Burkhardt to the Board of Trustees of Athens-Limestone Public Library for a four year term, expiring September 27, 2025. The motion was seconded by Councilman Seibert 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 Wanda Fry to the Mental Health Center of North Central Alabama, Inc. Board for a six year term, expiring September 27, 2027. The motion was seconded by Councilman Seibert 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 reappoint Allison McCormick to the Board of Trustees of Athens-Limestone Public Library for a four year term, expiring on September 30, 2025. The motion was seconded by Councilman Seibert 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 accept the low bid of $93,414.00 from Siemens, for four 15 kV Circuit Breakers for the Breeding Park Substation. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 - 1767 A RESOLUTION CONCERNING TOYOTA BOSHOKU AMERICA, INC. AND ITS TAX ABATEMENT AGREEMENT _______________________________________________ WHEREAS, on April 22, 2019, the City of Athens entered into a Tax Abatement Agreement with Toyota Boshoku America, Inc. (“TBA”), relating to the abatement of certain state and local non-educational taxes (the “Agreement”); WHEREAS, TBA applied for and was granted certain tax abatements by the City pursuant to Chapter 9B of Title 40 of the Code of Alabama, as amended, in connection with the acquisition, construction, equipping, and installation of a new industrial facility located on Sanderfer Road in Athens, Alabama (the “Project”); WHEREAS, since that time, TBA has engaged in certain partial assignments of its rights under the Agreement with its affiliated companies, Toyota Boshoku AKI USA, LLC and AKI USA, LLC; WHEREAS, these companies have provided information to the City, showing that they are on track with the estimates set forth in the 2019 abatement, having so far achieved approximately 95.4% of the projected $55,900,000.00 capital investment, with more work left to be done; WHEREAS, these companies have requested that the Agreement be amended to clarify that the abatement of all noneducational ad valorem taxes apply to “construction in process” (commonly referred to as “CIP”) for the Project; WHEREAS, it was the intention and mutual understanding of the City and TBA at the time of the Agreement that TBA would receive tax abatements for all of the real and personal property constituting the Project, to the fullest extent permitted under Chapter 9B of Title 40 of the Code of Alabama, as amended; and WHEREAS, the City Council desires to enter into an amendment to the Agreement to clarify that the abatement of all noneducational ad valorem taxes apply to the Company’s construction in progress (CIP) for the Project. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on September 27, 2021 at 5:30 p.m., as follows:  1. The Mayor of the City is hereby authorized and directed, in the name of and for account of the City, to consent to the Amendment to Tax Abatement Agreement in substantially the form as shown and attached hereto as Attachment 1. 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 Resolution and/or the agreements referenced herein, including but not limited to approving and executing further agreement(s) that are consistent with and involved in carrying out the transactions contemplated by this Resolution. ADOPTED this the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT 1 AMENDMENT TO TAX ABATEMENT AGREEMENT This Amendment to Tax Abatement Agreement (this “Amendment”), dated the ______ day of September, 2021, is entered into by and among the CITY OF ATHENS, ALABAMA, an Alabama municipal corporation (“City”), TOYOTA BOSHOKU AMERICA, INC. (“TBA”), a Michigan corporation, TOYOTA BOSHOKU AKI USA, LLC, an Alabama limited liability company (“TBAA”), and AKI USA, LLC, an Alabama limited liability company (“AKI”) (TBA, TBAA, and AKI are collectively referred to herein as the “Companies”). The City and the Companies are sometimes referred to herein as the “Parties”. RECITALS: WHEREAS, TBA applied for and was granted certain tax abatements by the City pursuant to Chapter 9B of Title 40 of the Code of Alabama, as amended, in connection with the acquisition, construction, equipping, and installation of a new industrial facility located on Sanderfer Road in Athens, Alabama (the “Project”); WHEREAS, the City and TBA entered into a Tax Abatement Agreement on April 22, 2019, with respect to such tax abatements (the “Agreement”); WHEREAS, since that time, TBA has engaged in certain partial assignments of its rights under the Agreement to TBAA and AKI; WHEREAS, the Companies have requested that the Agreement be amended to clarify that the abatement of all noneducational ad valorem taxes apply to the Company’s “construction in process” (commonly referred to as “CIP”) for the Project; WHEREAS, it was the intention and mutual understanding of the City and TBA at the time of the Agreement that TBA would receive tax abatements for all of the real and personal property constituting the Project, to the fullest extent permitted under Chapter 9B of Title 40 of the Code of Alabama, as amended; and WHEREAS, the City and the Companies desire to enter into this Amendment to clarify that the abatement of all noneducational ad valorem taxes apply to the Company’s construction in progress (CIP) for the Project.  NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1. AMENDMENT. Section 1(a) of the Agreement is hereby amended by adding the following new sentence to the end thereof: “The abatement of all noneducational ad valorem taxes provided herein shall be applicable to the Company’s construction in progress (CIP) for the project.” Section 2. BINDING EFFECT. Except as expressly amended hereby, all other terms of the Agreement shall continue in full force and effect. The agreements, covenants, conditions and terms contained in this Amendment shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns. Section 3. CONSTRUCTION. Section 1 does not create a new tax abatement, but instead recites additional information and clarification of the correct and true intention of, and actual abatement by, the City and TBA as of the date of the Agreement. As such, this Amendment should be viewed as having a retroactive effect back to the date of the Agreement. IN WITNESS WHEREOF, the Parties have executed and delivered this Amendment as of the date first written above. CITY OF ATHENS, ALABAMA By: Name: __________________ Its Mayor [S E A L] ATTEST: Its Clerk STATE OF ALABAMA ) LIMESTONE COUNTY ) I, the undersigned authority, a Notary Public in and for said County, in said State, hereby certify that William R. Marks, whose name as Mayor of the City of Athens, Alabama, is signed to the foregoing Amendment to Tax Abatement Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the same, he/she, in his/her capacity as such authorized agent and with full authority, executed the same voluntarily for and as the act of said entity on the day the same bears date. Given under my hand this the _____ day of ____________, 2021. Notary Public {SEAL} My Commission Expires: TOYOTA BOSHOKU AMERICA, INC. By: Name: __________________ Its __________ STATE OF ____________ ) ______________ COUNTY ) I, the undersigned authority, a Notary Public in and for said County, in said State, hereby certify that _____________________, whose name as authorized agent of __________________, a _____________ corporation, is signed to the foregoing Amendment to Tax Abatement Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the same, he/she, in his/her capacity as such authorized agent and with full authority, executed the same voluntarily for and as the act of said entity on the day the same bears date. Given under my hand this the _____ day of ____________, 2021. {SEAL} Notary Public My Commission Expires: ________________ TOYOTA BOSHOKU AKI USA, LLC By: Name: __________________ Its __________ STATE OF ____________ ) ______________ COUNTY ) I, the undersigned authority, a Notary Public in and for said County, in said State, hereby certify that _____________________, whose name as authorized agent of __________________, a _____________ corporation, is signed to the foregoing Amendment to Tax Abatement Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the same, he/she, in his/her capacity as such authorized agent and with full authority, executed the same voluntarily for and as the act of said entity on the day the same bears date. Given under my hand this the _____ day of ____________, 2021. {SEAL} Notary Public My Commission Expires: __ AKI USA, LLC By: Name: __________________ Its __________ STATE OF ____________ ) ______________ COUNTY ) I, the undersigned authority, a Notary Public in and for said County, in said State, hereby certify that _____________________, whose name as authorized agent of __________________, a _____________ corporation, is signed to the foregoing Amendment to Tax Abatement Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the same, he/she, in his/her capacity as such authorized agent and with full authority, executed the same voluntarily for and as the act of said entity on the day the same bears date. Given under my hand this the _____ day of ____________, 2021. {SEAL} Notary Public My Commission Expires: -------------------------- The motion was seconded by Councilman Wales and was carried unanimously. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate up to $25,000 for repairs to the roof of the Senior Center on Pryor Street. The work will be performed by Ashby Roofing Company and shall be funded by a general fund budget amendment to line item 100.527.90111, Transfers Out, Capital Projects Fund. Councilmember Seibert 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, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 – 1768 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to amend the City of Athens Bituminous Plant Mix Paving Contract with Rogers Group to pave Westview Ave (from Hines to Bailey St) and Trigreen Dr for an approximate cost of $56,560. This project shall be funded from the Gas Tax Fund. ADOPTED and APPROVED this, the 27TH day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Travis thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2021 – 1769 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to amend the City of Athens Bituminous Plant Mix Paving Contract with Rogers Group to pave Elkton Rd (from Elm St to the City limit. This project shall be funded from the Annual Rebuild Alabama Act Fund. The estimated cost of the work is $165,000. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Seibert thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 – 1770 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into an agreement for the construction of a multi-purpose field at Jimmy Gill Park with Grayson Carter and Sons. The cost of the project shall not exceed $34,000 and shall be funded from the Capital Infrastructure Fund. ADOPTED and APPROVED this, the 27th day of September, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Travis thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 27, 2021, that the Council authorizes Change Order 1, a deductive change order in the amount of $1,831.25 for the Swan Creek Sewer Trunk Line Phase 2, CIPP contract with ZAK Construction and decreasing the contract amount from $1,211,715.00 to $1,209,883.75, 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 Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following resolution:  RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 27, 2021, that the Council authorizes Change Order 1, an additive change order in the amount of $18,250.31 for the Swan Creek Sewer Trunk Line Phase 2, Line Replacement contract with Russo Construction and increasing the contract amount from $1,364,640.67 to $1,382,890.98, and the Mayor, for and on behalf of the City of Athens, is authorized to execute this change order. Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Seibert thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 27, 2021, that the Council approves the Fiscal Year 2022 Water Services Department budgets as outlined in the attached budget summaries for both the water utility and the sanitary sewer utility. CITY OF ATHENS UTILITIES WATER DEPARTMENT FY 2022 BUDGET FY2021 Proposed Increase/ BUDGET FY2022 Budget Decrease REVENUE Metered Sales $ 6,444,960 $ 7,779,055 1,334,095.30 Miscellaneous Revenue $ 931,958 $ 1,048,377 116,418.65 Aid to Construction $ 25,000 $ 432,439 407,439.00 TOTAL OPERATING REVENUE $ 7,401,918 $ 9,259,871 EXPENSES Employee Expense - Salaries and Benefits $ 2,037,612 $ 2,119,227 81,615.63 Water Production Expenses $ 767,300 $ 938,603 171,303.25 Transmission arid Distribution Expense $ 456,000 $ 343,100 (112,900.00) Customer Service Expense $ 347,180 $ 368,702 21,522.22 Administrative and General Expense $ 1,152,744 $ 1,770,516 617,772.00 Vehicle & Equipment Operations & Maintenance $ 120,000 $ 75,000 (45,000.00) Appropriation to General Fund $ 322,248 $ 379,466 57,218.11 Debt Service Expenses $ 875,477 $ 830,915 (44,561.67) General Fund Salaries & Expenses $ 100,938 $ 113,922 12,983.47 Transfer to Wastewater $ 600,000 $ 600,000 0.00 Construction in Progress $ 250,000 $ 399,000 149,000.00 TOTAL OPERATING EXPENSES $ 7,029,498 $ 7,938,451 NET OPERATING BUDGET $ 372,420 $ 1,321,420 948,999.94 CAPITAL RESERVE Allocation Carryover $ - $ 0.00 Reserves/Tank Maintenance Fund $ 100,000 $ (100,000.00) CAPITAL EXPENDITURES Replace Truck #69 s 75,000 SCADA Upgrades $ 70,000 WTP Intake Cable Car s 75,000 Additional Seat of ESRI ArcGIS (3 for new staff) $ 2,250 Strategic Asset Management Software s 40,000 Scanner s 7,000 Office Furniture $ 4,000 New Pickup $ 12,500 PC and Anciliary (3New staff) $ 5,190 Phones (iPhone and Desk Set for 4 New staff) s 4,720 Truck for Construction Inspector Position s 33,000 Door Replacement Program (Last Set) s 19,000 Flow meters, strap-on (Raw Water, High Service) s 45,000 Ceiling repair, stairwell s 13,000 Replace handrailings around RW standpipe deck $ 4,000 WTP Exterior Fassod $ 275,000 WTP Roof Rehab $ 115,000 Server for document storage s 12,000 Bore Machine Trailer $ 27,000 Pole Barn for Distribution Equipment s Finance Capital Allocation $ 5,426 100,000 $ 287,500 $ 944,086 656,586.00 TOTAL BUDGET $ 184,920 $377,334 CITY OF ATHENS UTILITIES SEWER DEPARTMENT FY2022 BUDGET Proposed Increase/ FY2021 Budget FY2022 Budget (Decrease) REVENUE Metered Sales $ 5,766,692 $ 6,473,669 $706,977 Miscellaneous Revenue $ 1,086,348 $ 1,185,520 $ 99,172 Transfer from Water $ 600,000 $ 600,000 $ 0 Aid to Construction $ 700,000 $ 220,000 ($480,000) TOTAL OPERATING REVENUE $ 8,153,040 $ 8,479,189 EXPENSES Employee Expense-Salaries and Benefits $ 2,424,844 $ 2,719,852 $295,007 Treatment Plant Operations & Maintenance $ 524,000 $ 524,000 $ 0 Collection System Operation & Maintenance $ 597,600 $ 497,600 ($100,000) Customer Service Expense $ 233,843 $ 232,054 ($1,789) Administrative and General Expense $ 1,065,479 $ 1,604,604 $539,125 Vehicle & Equipment Operations & Maintenance $ 72,000 $ 79,500 $ 7,500 Appropriation to General Fund $ 144,167 $ 161,842 $ 17,674 Debt Service Expenses $ 2,043,120 $ 2,043,120 $ 0 General Fund Salaries & Expenses $ 104,095 $ 112,232 $ 8,137 Construction in Progress $ 105,000 $ 195,000 $ 90,000 TOTAL OPERATING EXPENSES $ 7,314,148 $ 8,169,803 NET OPERATING BUDGET $ 838,892 $ 309,386 ($529,505) CAPITAL RESERVE Allocation Carry Over $ 250,000 $ - ($250,000) CAPITAL EXPENDITURES Aerial Flyover $ 5,000 SCADA Upgrades $ 70,000 Additional Seat of ESRI ArcGIS (3 for new staff) $ 2,250 Strategic Asset Management Software $ 40,000 Plotter $ 7,000 Office Furniture $ 4,000 New Pickup $ 12,500 PC and Anciliary (3 new staff) $ 3,893 Phones (iPhone and Desk for 3 new staff) $ 4,165 Finance Capital Allocation $ 5,417 TOTAL $ 143,808 $ - ($143,808) TOTAL BUDGET $ 945,084 $ 309,386 ($635,697) The motion was seconded by Councilman Seibert 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 FY2022 Gas Department Budget as listed and spread the same on the minutes. CITY OF ATHENS UTILITIES GAS DEPARTMENT FY 2022 BUDGET FY2021 FY2022 BUDGET Budget Budget VARIANCE REVENUE Metered Sales $ 14,065,000.00 $ 14,750,000.00 $ 685,000.00 Miscellaneous Revenue $ 152,591.00 $ 172,591.00 $ 20,000.00 Training Facility $ 70,000.00 $ 70,000.00 $ - Aid to Construction $ 750,000.00 $ 1,250,000.00 $ 500,000.00 TOTAL OPERATING REVENUE $ 15,037,591.00 $ 16,242,591.00 $1,205,000.00 EXPENSES Employee Expense-Salaries & Benefits $ 3,196,598.75 $ 3,487,328.00 $ 290,729.25 Purchased Gas $ 4,375,000.00 $ 4,725,000.00 $ 350,000.00 Distribution System Operation & Maint. $ 725,000.00 $ 850,000.00 $ 125,000.00 Customer Service Expense $ 318,210.00 $ 341,410.00 $ 23,200.00 Advertising and Promotion $ 325,000.00 $ 355,000.00 $ 30,000.00 Administrative and General Expense $ 881,406.00 $ 813,403.00 $ (68,003.00) Vehicle & Equipment Operations & Maint $ 155,000.00 $ 175,000.00 $ 20,000.00 Approp. to General Fund/Ardmore/Elkmont $ 1,065,000.00 $ 1,065,000.00 $ - Debt Service Expenses $ 810,601.00 $ 808,407.00 $ (2,194.00) General Fund Salaries & Expenses $ 106,811.06 $ 156,002.92 $ 49,191.86 Construction in Progress $ 1,500,000.00 $ 2,000,000.00 $ 500,000.00 TOTAL OPERATING EXPENSES $13,458,626.81 $ 14,776,550.92 $1,317,924.11 NET OPERATING BUDGET $ 1,578,964.19 $ 1,466,040.08 $ (112,924.11) CAPITAL RESERVE Allocation Carry Over $ 140,000.00 $ 130,000.00 $ (10,000.00) CAPITAL EXPENDITURES Generator Replacement $ 10,000.00 $ 10,000.00 $ - Technical Equipment(CGI, Locator, etc) $ 60,000.00 $ 40,000.00 $ (20,000.00) Equip for HP Line & Leak Detection Work $ 60,000.00 $ 40,000.00 $ (20,000.00) CNG Compressor Station Equip/Misc $ 25,000.00 $ 25,000.00 - Dump Truck Tandum Axel Carry Over $ 140,000.00 $ - $ - Equipment Sheds $ - $ 425,000.00 $ 425,000.00 Bobcat Compact Track Loader $ 85,000.00 $ - $ (85,000.00) Boring Maching Replacement/Equipment $ 300,000.00 $ - $ (300,000.00) Track Hoe Loader $ 90,000.00 $ 120,000.00 $ 30,000.00 Leak City Paving around new build/misc supplies$ 40,000.00 $ 40,000.00 $ - Misc Equipment (Office equip, furniture) $ 40,000.00 $ 25,000.00 $ - Upgrades to South Jefferson building $ 62,000.00 $ - $ - Replace Trucks & Equipment $ 138,000.00 $ 150,000.00 $ 12,000.00 $1,050,000.00 $875,000.00 $ (175,000.00) - TOTAL BUDGET $ 668,964.19 $ 721,040.08 $ 52,075.89 The motion was seconded by Councilman Wales 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 FY 2022 General Fund Operating Budget as follows: Operating Expenditures General and Administrative $ 1,884,215 Municipal Court 399,925 Human Resources 434,695 Fire Department 4,480,750 Police Department 6,678,900 Parks/Recreation/Cemetery 3,216,300  Street Department 2,480,975 Sanitation Department 4,296,900 ES, CD & Building Inspection 1,049,970 Public Works 324,085 Total Operating Expenditures 25,246,715 Appropriations - Nondiscretionary 5,427,760 Transfers Out 3,724,138 Total Expenditures 34,398,613 Total Expected Revenues 34,890,865 Operating Budget Surplus Before Appropriations $ 492,252 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the FY 2022 Special Revenue Operating Budgets as follows: ALCOHOL FUND GASOLINE TAXES .04/05/.07 Revenues Revenues Taxes $ 900,000 State Appropriation $ 250,000 Licenses and Permits 40,000 Interest Income 1,000 Total Revenue 250,000 Total Revenue 941,000 Expenditures Expenditures City Board of Education 427,500 Audit Fees 2,500 Administrative Expense 45,000 Bridge Inspection 5,000 Debt Service-GO Debt 400,000 Road Repair 230,000 Road Signs 10,000 Total Operating Expenditures 872,500 Total Operating Expenditures 247,500 Revenues Over (Under) $ 68,500 Revenues Over (Under) $ 2,500  DRUG TASK FORCE REBUILD ALABAMA ACT GAS TAX FUND Revenues Revenues Confiscations Revenue $ 5,000 State Appropriation $ 150,000 Expenditures Total Revenue 150,000 Supplies 3,000 Expenditures Revenues Over (Under) $ 2,000 Road Repair 150,000 COURT SYSTEM Revenues Over (Under) $ - Revenues Court Education $ 4,000 Solicitors Admin Fee 6,000 ANIMAL CONTROL Court Operations 25,000 Interest Income 200 Revenues Total Revenue 35,200 Interest Income $ 15 Expenditures Expenditures Supplies - Supplies 5,000 Revenues Over (Under) $ 15 Revenues Over (Under) $ 30,200 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the FY 2022 Special School Fund Operating Budget as follows: Revenues Sales Tax Revenue (20% of One Cent Sales Tax) $ 1,100,000 Expenditures Appropriation to School Board for Debt Service 1,100,000 Revenues Over (Under) Expenditures $ - The motion was seconded by Councilwoman Henry and was unanimously carried. * * * There being no further business to come before the meeting, Council President Harper asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK