City Council

December 12, 2022 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West, Athens, Alabama, on December 12, 2022 at 4:30 p.m. The meeting was called to order by Councilman Harold Wales, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert 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 November 28, 2022 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 Harper and was unanimously carried. The Chairperson stated that the Minutes of the November 28, 2022 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 Harper and was unanimously carried. Mayor Marks asked Erik Waddell, Chief Building Inspector, if any action has been taken regarding the burned property on Sanderfer Road near the Tech School and also regarding the property on South Houston Street. Mr. Waddell stated that he would give a status update soon. Mayor Marks thanked TBAKI for their donation to the seatbelt covers for children with special needs. Councilman Seibert thanked everyone for their attendance at Sippin Cider on the Square. Councilwoman Henry stated that she was invited to a ribbon cutting for a book vending machine at Spark Academy. She remarked that children can earn tokens to be used in the machine to receive a book. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE PROPERTY TO B-2 GENERAL BUSINESS DISTRICT. PROPERTY CONSISTS OF +/-2.0 ACRES LOCATED AT 24999 US HWY 72 (PARCEL# 44-09-04-19-0-000-019.002), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS No one spoke in favor of or against. The public hearing was closed. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY TO B-2 GENERAL BUSINESS DISTRICT. PROPERTY CONSISTS OF +/- 2.0 ACRES LOCATED AT 24999 US HWY 72 (PARCEL # 44-09-04-19-0-000-019.002), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2022 - 2247 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 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: Lot 2, Midpointe Subdivision, as shown by minor plat on file and record in Plat Book J, at page 57, in the Office of the Judge of Probate of Limestone County, Alabama, ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Harper 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, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO ANNEX +/-2.01 ACRES OF PROPERTY (JUSTIN DAVIS OF RDM3, LLC, ON BEHALF OF DAVIS AMES), LOCATED APPROXIMATELY 750’ EAST OF THE INTERSECTION AT US HWY 72 AND W WASHINGTON STREET, ON THE NORTH SIDE OF THE ROADWAY, INTO THE CITY AND ZONE THE PROPERTY AS B-2 GENERAL BUSINESS DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS No one spoke in favor of or against. The public hearing was closed. Councilwoman Henry introduced the following ordinance: AN ORDINANCE TO ANNEX +/- 2.01 ACRES OF PROPERTY (JUSTIN DAVIS OF RDM3, LLC, ON BEHALF OF DAVID AMES), LOCATED APPROXIMATELY 750’ EAST OF THE INTERSECTION AT US HWY 72 AND W WASHINGTON STREET, ON THE NORTH SIDE OF THE ROADWAY, INTO THE CITY AND ZONE THE PROPERTY AS B-2 GENERAL BUSINESS DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2022 - 2248 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 annexed and become part of the City of Athens, and WHEREAS, the City of Athens has received an annexation petition from Justin Davis of RDM3, LLC, on behalf of David Ames, the owner of the property described herein, and a map of said property showing its relationship to the corporate limits of the City of Athens, Alabama; and WHEREAS, it is in public interest that said property be annexed into the City of Athens, and all legal requirements for annexing said real property have been met pursuant to Section 11-42-20 through 11-42-24, Code of Ala. 1975; and WHEREAS, the Planning Commission of the City of Athens, Alabama has reviewed the request, and did further recommend that the City Council approve the annexation and the zoning of the hereinafter described area as B2 (General Business District); and WHEREAS, this Ordinance if adopted, would annex the property and zone it B2 (General Business District). NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: SECTION 1. The City Council of the City of Athens, Alabama, finds and declares as the legislative body of the City that it is in the best interest of the citizens of the City, and the citizens of the affected area, to bring the territory in Section 2 of this ordinance into the City of Athens. SECTION 2. The boundary lines of the City of Athens, Alabama are hereby altered or rearranged so as to include all of the territory heretofore encompassed by the corporate limits of the City of Athens, Alabama, and in addition thereto the following described territory, to wit: Legal Description Commencing at the Southeast corner of said Section 12; thence along the South Section Line, North 87°38’04” West, a distance of 2661.56’ to the center of said South Section Line; thence along the quarter-quarter line, North 01°12’25” East, a distance of 49.77’ to a point on the North Right of Way of U.S. Highway 72; thence along said right of way, North 87°30’12” West, a distance of 1042.76’ to a #4 rebar set, capped Lewis, on said right of way at the POINT OF BEGINNING; thence from the Point of Beginning, along said right of way, North 87°30’12” West, a distance of 297.25’ to a #5 rebar found, capped Dunnivant, on said right of way; thence leaving said Right of way, North 03°28’11” East, a distance of 245.01’ to a #5 rebar found capped Dunnivant, on the South Right of Way of Washington Street; thence along said right of way, North 72°57’12” East, a distance of 311.01’ to a #4 rebar set, capped Lewis, on said right of way; thence leaving said right of way, South 02°29’48” West, a distance of 349.01’ to the POINT OF BEGINNING; said described tract containing 2.01 Acres, more or less. SECTION 3. This ordinance shall be published as provided by law, and a certified copy of same, together with certified copies of the petitions of the property owners, shall be filed with the Probate Judge of Limestone County, Alabama. SECTION 4. The territory described in this ordinance shall become a part of the corporate limits of Athens, Alabama, upon publication of this ordinance as set forth in Section 3, above. SECTION 5. The territory described in this ordinance shall, upon becoming a part of the corporate limits of Athens, Alabama, be zoned as B-2 General Business District, in accordance with the Zoning Ordinance of the City of Athens, Alabama. ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember 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, Lucas, 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 +/-0.5 ACRES OF PROPERTY (HASTING ROAD, LLC), LOCATED AT 15543 BAB DALY ROAD, FROM R-1-1 (LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-2 (GENERAL BUSINESS DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS No one spoke in favor of or against. The public hearing was closed. Councilman Harper introduced the following ordinance: AN ORDINANCE TO REZONE +/- 0.5 ACRES OF PROPERTY (HASTING ROAD, LLC), LOCATED AT 15543 BAB DALY ROAD, FROM R-1-1 (LOW DENSITY SINGLE FAMILY RESIDENTIAL 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 2022 - 2249 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 R-1-1 (Low Density Single Family Residential District) to 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: A tract of land situated in the Northwest Quarter of Section 14, Township 3 South, Range 4 West, and being more particularly described as beginning at the Northwest Corner of said Section 14, and running East along the North boundary of said Section a distance of 1335 feet; thence run South 2 degrees 40 minutes East a distance of 2088 feet to the Northeast corner of that certain tract of land conveyed to Carlos McGrew and Mamie Lou McGrew by deed recorded in Volume 585, Page 252 in the Probate Office of Limestone County, Alabama; thence run South 2 degrees 40 minutes East and along the East boundary of said McGrew Tract 261 feet to a point at the Southeast corner of said McGrew tract, which point as thus established is the true point of beginning of the real estate herein described; and from said true point of beginning run South 2 degrees 40 minutes East a distance of 177 feet; thence run North 87 degrees 00 minutes West 132 feet; thence run North 7 degrees 5 minutes East approximately 170 feet to the Southwest corner of said McGrew tract; thence run South 87 degrees 00 minutes East and along the South  boundary of said McGrew tract 106 feet to the true point of beginning. The real estate herein conveyed contains one- half acre, more or less. Property may be subject to all covenants, restrictions, regulations, conditions, easements, liens, set back lines, and other rights of whatever nature, recorded, and/or unrecorded. ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember 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, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Harper thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/-.05 ACRES OF PROPERTY (WESCORP, LLC), LOCATED AT 15573 BAB DALY ROAD (PARCEL# 44-10-06-14-0-000-049.000), FROM R-1-1 (LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) TO B-2 (GENERAL BUSINESS DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS No one spoke in favor of or against. The public hearing was closed. Councilman Lucas introduced the following ordinance: AN ORDINANCE TO REZONE +/- 0.5 ACRES OF PROPERTY (WEScorp, LLC), LOCATED AT 15573 BAB DALY ROAD (PARCEL #44-10-06-14-0-000-049.000), FROM R-1-1 (LOW DENSITY SINGLE FAMILY RESIDENTIAL 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 2022 - 2250 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 R-1-1 (Low Density Single Family Residential District) to 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: COMMENCING AT A 5/8 INCH IRON PIN BEING THE SOUTHEAST CORNER OF LOT 1 OF EASTSIDE JUNCTION AS RECORDED IN PLAT BOOK H PAGE 104 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA; THENCE RUN NORTH 00°04'27" EAST AT A DISTANCE OF 191.63 FEET TO A CAPPED IRON PIN; THENCE RUN NORTH 00°08'37" EAST AT A DISTANCE OF 121.61 FEET TO AN IRON PIN; THENCE RUN NORTH 00°04'02" EAST AT A DISTANCE OF 214.74 FEET TO AN IRON PIN; THENCE RUN NORTH 01°05'34" EAST AT A DISTANCE OF 223.62 FEET TO A FENCE CORNER; THENCE ALONG A FENCE LINE RUN SOUTH 86°59'26" EAST AT A DISTANCE OF 589.12 FEET TO A FENCE CORNER, SAID CORNER BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING RUN SOUTH 86°59'26" EAST AT A DISTANCE OF 69.00 FEET TO A POINT, PASSING A SET CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS" AT A DISTANCE OF 60.63 FEET ON THE WESTERN RIGHT OF WAY OF BAB DALY ROAD; THENCE RUN SOUTH 00°14'19" EAST AT A DISTANCE OF 259.20 FEET TO AN ANGLE IRON; THENCE RUN NORTH 84°33'08" WEST AT A DISTANCE OF 106.77 FEET TO A SET CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS", PASSING A SET CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS" AT A DISTANCE OF 9.23 FEET ON THE WESTERN RIGHT OF WAY OF BAB DALY ROAD; THENCE RUN NORTH 08°10'32" EAST AT A DISTANCE OF 255.28 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.52 ACRES, MORE OR LESS. LESS AND EXCEPT ADDITIONAL RIGHT OF WAY FOR BAB DALY ROAD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON PIN BEING THE SOUTHEAST CORNER OF LOT 1 OF EASTSIDE JUNCTION AS RECORDED IN PLAT BOOK H PAGE 104 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY ALABAMA; THENCE RUN NORTH 00°04'27" EAST AT A DISTANCE OF 191.63 FEET TO A CAPPED IRON PIN; THENCE RUN NORTH 00°08'37" EAST AT A DISTANCE OF 121.61 FEET TO AN IRON PIN; THENCE RUN NORTH 00°04'02" EAST AT A DISTANCE OF 214.74 FEET TO AN IRON PIN; THENCE RUN NORTH 01°05'34" EAST AT A DISTANCE OF 223.62 FEET TO A FENCE CORNER; THENCE ALONG A FENCE LINE RUN SOUTH 86°59'26" EAST AT A DISTANCE OF 589.12 FEET TO A FENCE CORNER; THENCE RUN SOUTH 86°59'26" EAST AT A DISTANCE OF 60.63 FEET TO A SET CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS" SITUATED ON THE WESTERN RIGHT OF WAY OF BAB DALY ROAD, AND ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;  THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID RIGHT OF WAY RUN SOUTH 86°59'26" EAST AT A DISTANCE OF 8.37 FEET TO A POINT; THENCE ALONG BAB DALY ROAD RUN SOUTH 00°14'19" EAST AT A DISTANCE OF 259.20 FEET TO AN ANGLE IRON; THENCE RUN NORTH 84°34'19" WEST AT A DISTANCE OF 9.23 FEET TO A SET CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS" ON THE WESTERN RIGHT OF WAY OF BAB DALY ROAD; THENCE ALONG SAID RIGHT OF WAY RUN NORTH 00°03'23" WEST AT A DISTANCE OF 258.76 FEET THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.05 ACRES, MORE OR LESS. AND ALSO SUBJECT TO ALL RIGHTS-OF WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS THAT MAY OR MAY NOT BE OF RECORD. ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Harper 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, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Lucas thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION DETERMINING THAT A STRUCTURE AT 2036 LUKE STREET IS UNSALFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Inspector, addressed the City Council concerning the resolution and recommended to condemn and remove the structure. The public hearing was closed. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2022 - 1857 A RESOLUTION DETERMINING THAT A STRUCTURE AT 2036 LUKE 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 (herein referred to as the “Structure”) located at the real property described as follows: Address: 2036 Luke Street, Athens, AL 35611 PARCEL # 10-05-22-0-001-011.000 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 has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; 3. The building does not provide minimum safeguards to protect or warn occupants in the event of fire; 4. The building, or any portion thereof, is clearly unsafe for its use or occupancy;  5. The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; 6. 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 December 12, 2022 at 4:30 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 demolition of the unsafe structure, 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 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 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Henry thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION DETERMINING THAT A STRUCTURE AT 17222 FOREST HILL DRIVE IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Inspector, addressed the City Council regarding the resolution and stated that repairs had been made and that he did not recommend any action at this time for this property. The public hearing was closed and no action was taken. PUBLIC HEARING CONCERNING PROPOSAL TO VACATE A PORTION OF TRINITY STREET/CIRCLE No one spoke in favor of or against. The public hearing was closed. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2022 - 1858 A RESOLUTION VACATING A PORTION OF TRINITY STREET/CIRCLE _______________________________________________ WHEREAS, this resolution relates to a part of Trinity Street (a/k/a Trinity Circle), and more particularly described as follows: A tract of land being a part of the Hoffman Subdivision in the City of Athens, Alabama, according to the 1897 and 1914 maps on file in the office of the Probate Judge of Limestone County, Alabama, and being more particularly described as follows, Commence at an existing 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS” at the Southeast corner of Lot 6 of the Hoffman Subdivision in the City of Athens, Alabama, said 5/8” rebar being at the Northwest corner of the intersection of the concrete sidewalk along on the northwest side of Brownsferry Road and the southwest side of Allyn Street, thence North 42 degrees 13 minutes 17 seconds West along the west right of way of Allyn Street a distance of 117.33 feet to an existing 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, thence continue North 42 degrees 13 minutes 17 seconds West along the west right of way of Allyn Street a distance of 125.55 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, thence continue North 42 degrees 13 minutes 17 seconds West along the west right of way of Allyn Street a distance of 40.00 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, thence North 42 degrees 13 minutes 17 seconds West along the west right of way of Allyn Street a distance of 23.46 feet to an existing 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, thence continue along the west right-of-way of said Allyn Street,  being in a curve to the left having a radius of 915.20 feet, an arc length of 12.89 feet, along a chord bearing of North 36 degrees, 50 minutes 00 seconds West a chord distance of 12.89 feet to a point on the platted right-of-way for Trinity Street, said point being the Point of True Beginning of the tract herein described, Thence from the Point of True Beginning South 46 degrees 49 minutes 30 seconds West along the south boundary of said platted right-of-way of Trinity Street a distance of 262.68 feet to a point, Thence South 42 degrees 16 minutes 13 seconds East along the east boundary of said platted right- of-way a distance of 27.95 feet to a set mag nail with disk stamped “Dunivant Engr. Co. CA-0044-LS”, Thence South 37 degrees 26 minutes 32 seconds West a distance of 43.17 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS” on the west right-of-way of Trinity Street, Thence North 42 degrees 16 minutes 13 seconds West along the west boundary of said platted right-of-way a distance of 75.00 feet to a point, Thence North 46 degrees 49 minutes 30 seconds East along the north boundary of said platted right-of-way a distance of 307.80 feet to a point on the west right-of-way of Allyn Street, Thence along the west right-of-way of said Allyn Street, being in a curve to the right having a radius of 915.20 feet, an arc length of 40.14 feet, along a chord bearing of South 38 degrees 30 minutes 04 seconds East a chord distance of 40.13 feet to the Point of True Beginning and containing 0.31 acres, more or less. (the “Public Way”); WHEREAS, generally speaking, the Public Way is a portion of the right of way that is shown lying between Lots 7- 8 and Lots 23-24 in the Hoffman Addition to the Town of Athens, as shown in Plat Book A, Page 16, in the Office of the Judge of Probate of Limestone County, Alabama; WHEREAS, the City Council has determined that a portion of the existing improved roadway of Trinity Street (a/k/a Trinity Circle) does not lie within the Public Way, but instead lies on adjacent real property owned by the ATHENS LIMESTONE COMMUNITY ASSOCIATION, INC., an Alabama non-profit corporation, (“ALCA”) and so ALCA has proposed that the City abandon/vacate the Public Way, and ALCA has offered to dedicate the real property on which this portion of Trinity Street (a/k/a Trinity Circle) actually lies to the City; WHEREAS, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama, and has published, posted, and served notice of the same as required by § 23-4-2 of the Code of Alabama; WHEREAS, the City Council held a public hearing concerning this matter at its regular meeting on December 12, 2022; WHEREAS, the City Council has determined that it is in the interest of the public that the Public Way should be vacated;  WHEREAS, the following persons or entities (and/or their successors, heirs, and assigns) are the owners of all lots or parcels of land that abut the Public Way: Athens Limestone Community Association, Inc. Austin E. McLinn (and/or his/her heirs, successors, and assigns) Jean R. McLin (and/or his/her heirs, successors, and assigns) Dale C. McLin (and/or his/her heirs, successors, and assigns) Austin E. McLin, Jr. (and/or his/her heirs, successors, and assigns) Virginia D. McLinn (and/or his/her heirs, successors, and assigns) WHEREAS, the vacation of the Public Way will not cause any person to be cut off from access over some other reasonable and convenient way; WHEREAS, the City of Athens (including Athens Utilities) may maintain any existing water, sewer, gas, storm drainage, and/or electrical lines/facilities within the Public Way, and the vacation of the Public Way, as explained herein, will not prevent the City from accessing, maintaining, extending, and enlarging those lines/facilities to the same extent as if such vacation had not occurred; and WHEREAS, the vacation of the Public Way will not deprive other property owners of any right they may have to convenient and reasonable means of egress and ingress to and from their property. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on December 12, 2022, at 4:30 p.m., as follows: 1. The Public Way is hereby vacated upon the City Clerk’s filing of this Resolution with the Probate Court of Limestone County, and the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with § 23-4-2(b) of the Code of Alabama. 2. The City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in the Public Way. 3. Title and all public rights in the Public Way shall vest in the abutting owner(s), to the extent and as provided for by law. 4. However, notwithstanding anything herein to the contrary, any entities (such as the City by and through Athens Utilities) with utility/storm drainage lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Way had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred.  5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA FOR COUNCIL REFERENCE ONLY – NOT A PART OF RESOLUTION OF PERMANENT OPERATION TO BE PUBLISHED Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Seibert thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1859 A RESOLUTION ACCEPTING THE DEDICATION OF REAL PROPERTY AS A PUBLIC RIGHT OF WAY _______________________________________________ WHEREAS, the City Council has determined that a portion of the existing improved roadway of Trinity Street (a/k/a Trinity Circle) does not actually lie within the area of any platted public way, but instead lies on adjacent real property owned by the ATHENS LIMESTONE COMMUNITY ASSOCIATION, INC., an Alabama non-profit corporation, (“ALCA”); WHEREAS, ALCA has offered to dedicate the real property on which this portion of Trinity Street (a/k/a Trinity Circle) actually lies (shown on Exhibit 1 as “Tract A”) to the City; WHEREAS, said property to be dedicated to the City is described as follows: A tract of land being a part of Lots 6 & 7 of Hoffman Subdivision in the City of Athens, Alabama, according to the 1897 and 1914 maps on file in the office of the Probate Judge of Limestone County, Alabama, and being more particularly described as follows, Commence at an existing 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS” at the Southeast corner of said Lot 6, said 5/8” rebar being at the Northwest corner of the intersection of the concrete sidewalk along on the northwest side of Brownsferry Road and the southwest side of Allyn Street, thence North 42 degrees 13 minutes 17 seconds West along the west right of way of Allyn Street a distance of 117.33 feet to an existing 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, thence continue North 42 degrees 13 minutes 17 seconds West along the west right of way of Allyn Street a distance of 125.55 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, said 5/8” rebar being the Point of True Beginning of the tract herein described, Thence from the Point of True Beginning South 47 degrees 42 minutes 58 seconds West a distance of 105.01 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, Thence South 60 degrees 43 minutes 14 seconds West a distance of 79.84 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS”, Thence South 37 degrees 26 minutes 32 seconds West a distance of 79.98 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS” on the east right-of-way of Trinity Street, Thence North 42 degrees 04 minutes 25 seconds West along the east right-of-way of said Trinity Street a distance of 40.68 feet to a set mag nail with disk stamped “Dunivant Engr. Co. CA-0044-LS”, Thence leaving the east right-of-way of said Trinity Street, North 37 degrees 26 minutes 32 seconds East a distance of 80.81 feet to a set mag nail with disk stamped “Dunivant Engr. Co. CA-0044- LS”, Thence North 60 degrees 43 minutes 14 seconds East a distance of 83.52 feet to a set 5/8” rebar  with cap stamped “Dunivant Engr. Co. CA-0044-LS”, Thence North 47 degrees 42 minutes 58 seconds East a distance of 100.49 feet to a set 5/8” rebar with cap stamped “Dunivant Engr. Co. CA-0044-LS” on the west right-of-way of Allyn Street, Thence South 42 degrees 13 minutes 17 seconds East along the west right-of-way of said Allyn Street a distance of 40.00 feet to the Point of True Beginning and containing 0.24 acres, more or less. (the “Property”); and WHEREAS, the City thanks ALCA and wishes to accept the dedication of the Property as a public right of way. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 12, 2022 at 4:30 PM, that the Mayor is authorized, for and on behalf of the City of Athens, to accept the Property as a public right of way for public use, and to take actions and execute such other and further documents as may be necessary to effect and carry out such acceptance. ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT 1 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of nine (9) Apple IPad tablets for the Public Works Department, for use by the Athens Planning Commission. The tablets will be purchased from CDW-G in an amount not to exceed $6,000.00 to be funded from the existing Public Works Capital Account. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: Resolution to Approve Capital Allocation for Sunrise Park WHEREAS, on February 28, 2022, the City Council approved a FY 2021 budget amendment to appropriate $750,000 of the FY 2021 General Fund surplus for capital projects and $1,900,000 for capital expenditures; and WHEREAS, on April 11, 2022, the City Council approved allocating $1,415,000 of the $1,900,000 capital expenditures allocation as follows; Police Department $370,000; Fire Department $162,000; Street Department $341,000; Sanitation Department $320,000, General and Administrative $5,000; Human Resources Department $20,000; Information Technology Department $25,000 and Cemetery, Parks & Recreation Department $172,000, with the remaining $485,000 to be determined; and WHEREAS, on November 28, 2022, the City Council approved allocating $5,000 of the remaining $485,000 of the capital expenditures allocation to the Public Works Department, leaving $480,000 of the FY 2021 capital expenditures allocation uncommitted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate $1,000,000 of the remaining FY 2021 general fund surplus to the Sunrise Park Project line item. Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember 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, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION 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 Grayson Carter & Sons to mill, repair, and pave portions of Piney Creek Dr at an approximate cost of $50,000. This project shall be funded from the Gas Tax Fund. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Lucas 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, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1860 A RESOLUTION TO AUTHORIZE THE MAYOR TO ACQUIRE CERTAIN PROPERTY FOR LOWER SWAN CREEK SANITARY SEWER PROJECT _______________________________________________ WHEREAS, the City of Athens needs to acquire easements, rights of way, and other real property interests for use in connection with sanitary sewer improvements (the “Property”) on or along real properties near or adjacent to Swan Creek as a part of the City’s Lower Swan Creek Sanitary Sewer Project, in the shaded areas shown on Attachment A hereto (referred to herein as the “Lower Swan Creek Sanitary Sewer Project Area”); WHEREAS, the City Council of Athens, Alabama deems it necessary and expedient to acquire such Property (to include, and not be limited to, easements and rights of way for sanitary sewer lines, pump stations, and other sewer infrastructure) so that the City may proceed with the installation of a sanitary sewer system in the Lower Swan Creek Sanitary Sewer Project Area to serve a portion of the City of Athens, Alabama; WHEREAS, § 11-47-171 and § 11-50-50 of the Code of Alabama, among other legal authorities, empower the council to authorize the Mayor to attempt to acquire such property interests by purchase from the owners of real properties in the Lower Swan Creek Sanitary Sewer Project Area, or, in the case of failure to do that, to acquire the same by condemnation (whether the same are located inside or outside of the corporate limits); and WHEREAS, it is necessary and expedient for carrying out the full powers granted to the City of Athens, Alabama that such real property interests be acquired through negotiation and purchase, or failing that, through the power of eminent domain, pursuant to the procedures set forth in Title 18 of the Code of Alabama. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on December 12, 2022 at 4:30 p.m. that the Mayor (and the City Attorney, at the Mayor’s direction) is hereby directed and authorized to take all necessary steps to acquire the Property in the “Lower Swan Creek Sanitary Sewer Project Area” by process of negotiation and purchase, or failing that, through condemnation procedures and the use of eminent domain. ADOPTED this the 12th day of December, 2022. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT A 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 approve matching funds for the Community Care Fund, not to exceed $27,500. The motion was seconded by Councilman Seibert and was unanimously carried. * * * There being no further business to come before the meeting, Council President Wales declared the meeting duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK