City Council

September 25, 2023 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West, Athens, Alabama, on September 25, 2023 at 4:30 p.m. The meeting was called to order by Councilman Harold Wales, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Councilman Harold Wales offered the invocation. Mayor Marks led the Pledge of Allegiance. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the September 11, 2023 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Harper and was unanimously carried. The Chairperson stated that the Minutes of the September 11, 2023 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Harper and was unanimously approved. Mayor Marks praised the City Council and staff for putting together a booklet for the upcoming budget. The Mayor announced that a group is holding a meeting regarding sewer on Strain Road and that he will not be able to attend due to an event called “Men of Kennis” being held at Athens State regarding diversity. He also announced that a public meeting will be held at City Hall on Tuesday, September 26th, 2023, relating to the intersection of Cambridge Lane and Highway 72. Mayor Mayors noted that Athens High School Homecoming was on Friday, September 22nd, and that the floats were great! The Mayor recognized Picklefest that was held on Saturday, September 23rd, and noted that 230 people were in attendance for the pickleball tournament. The Athens Pickleball Association gave $5,000 to the City of Athens for pickleball updates regarding courts, etc. Councilman Harper thanked Annette Barnes-Threet, City Clerk, for all of her time preparing the budgets. Council President Wales echoed Councilman Harper’s comments. PUBLIC HEARING RELATING TO THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY THE SOUTHERN TABLE (NEW BUSINESS), 105 NORTH JEFFERSON STREET, ATHENS, AL, 35611 No one spoke in favor of or against. The public hearing was closed. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO ANNEX +/- 3.3 ACRES (WILLIAM AND AMY WINSTEAD) OF PROPERTY LOCATED AT 25055 AIRPORT ROAD (PARCEL# 44-07-09-29-0-001-018.001) AND ZONE THE PROPERTY EST (ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Amy Winstead, 25055 Airport Road, owner of the property, spoke in favor of the annexation and rezoning. The public hearing was closed. Councilman Harper introduced the following ordinance: AN ORDINANCE TO ANNEX +/- 3.3 ACRES (WILLIAM AND AMY WINSTEAD) OF PROPERTY LOCATED AT 25055 AIRPORT ROAD (PARCEL# 44-07-09-29-0-001-018.001) AND ZONE THE PROPERTY EST (ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2023 – 2282 WHEREAS, on the 15th day of August, William and Amy Winstead, being the owners of the real property hereinafter described, did request to the Planning Commission of the City of Athens, Alabama, that the tracts or parcels of land described herein be annexed to and become part of the City of Athens; and WHEREAS, said petition does contain the signatures of all owners of the described territory and a map of said property showing its relationship to the corporate limits of the City of Athens, Alabama; and WHEREAS, all legal requirements for annexing said real property have been met pursuant to Section 11-42-20 through 11- 42-24, Code of Alabama; and WHEREAS, the petitioners request that this property when annexed, be zoned EST (Estate Residential and Agricultural District); and WHEREAS, the Planning Commission of the City of Athens, Alabama has reviewed this request, and did not recommend that the City Council approve the annexation or the zoning of the hereinafter described area as EST (Estate Residential and Agricultural District); and WHEREAS, this Ordinance, if adopted, would annex the property and zone it EST (Estate Residential and Agricultural 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 annexed into the corporate limits of the City of Athens and zoned EST (Estate Residential and Agricultural District) in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract or parcel of land located in the Southwest Quarter of Section 29, Township - 2 - South, Range - 4 - West of the Huntsville Meridian, Limestone County, Alabama, and being more particularly described as follows: Commencing at an existing railroad spike at the Southwest corner of Section 29, Township - 2 - South, Rage - 4 - West, thence South 87 degrees 19 minutes 41 seconds East along the South boundary of said Section 29 and the centerline of Airport Road, a distance of 348.12 feet to a mag nail set, the Point of True Beginning of the herein described tract, THENCE from the Point of True Beginning, North 01 degrees 19 minutes 19 seconds East and parallel with the West boundary of said Section 29, a distance of 1089.92 feet to a ⅝ inch rebar set with plastic cap stamped “Coffman & Beddow CA-0888- LS”, passing an existing ⅝ inch rebar with plastic cap stamped “Coffman & Beddow CA-0888-LS”, on the North right-of-way of Airport Road (50.00 foot right-of-way), at a distance of 30.01 feet, THENCE South 87 degrees 19 minutes 41 seconds East and parallel with the South boundary of said Section 29, a distance of 246.84 feet to an existing ⅝ inch rebar, THENCE South 01 degrees 19 minutes 19 seconds West and parallel with the West boundary of said Section 29, a distance of 1089.92 feet to a mag nail set in the centerline of Airport Road and on the South boundary of said Section 29, passing a ⅝ inch rebar with plastic cap stamped “Coffman & Beddow CA-0888-LS”, on the North right-of-way of said Airport Road, at a distance of 1059.91 feet, THENCE North 87 degrees 19 minutes 41 seconds West along the South boundary of said Section 29 and the centerline of Airport Road, a distance of 246.84 feet to the Point of True Beginning and containing 6.17 acres, more or less, with a relative error of closure no greater than one foot in ten thousand feet. LESS AND EXCEPT: 30.00 feet evenly off the South side of the above described property for right-of-way of Airport Road, containing 0.17 acres, more or less. AND SUBJECT TO: 10.00 feet lying North of and adjacent to the North right-of-way of Airport Road for a drainage and utility easement. ADOPTED and APPROVED this, the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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 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 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 ORDINACE TO REZONE +/- 2.6 ACRES OF PROPERTY (ATHENS UTILITIES), LOCATED AT THE TERMINUS OF CLOVERLEAF DRIVE AND NORTH OF SANDERFER ROAD EAST FROM M-1 (LIGHT INDUSTRIAL DISTRICT) TO R-1-2 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Bill Davis, 201 Utah Street, spoke in favor of the proposed rezoning. The public hearing was closed. Councilman Lucas introduced the following ordinance: AN ORDINANCE TO REZONE +/- 2.6 ACRES OF PROPERTY (ATHENS UTILITIES), LOCATED AT THE TERMINUS OF CLOVERLEAF DRIVE AND NORTH OF SANDERFER ROAD EAST FROM M-1 (LIGHT INDUSTRIAL DISTRICT) TO R-1-2 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2023 – 2283 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 from M-1 (Light Industrial District) to R-1- 2 (Medium 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-1-2 (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 OF LAND BEING A PORTION OF THE PROPERTY DESCRIBED IN DEED BOOK 2007 PAGE 35933, SITUATED IN SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, IN LIMESTONE COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT SITUATED ON THE SOUTHEAST CORNER OF CLOVERLEAF SUBDIVISION ADDITION NO.2 AS RECORDED IN PLAT BOOK D PAGE 113 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA, SAID MONUMENT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING RUN SOUTH 89°25'48" WEST AT A DISTANCE OF 154.23 FEET TO A POINT; THENCE RUN SOUTH 89°32'25" WEST AT A DISTANCE OF 205.00 FEET TO A POINT; THENCE RUN SOUTH 00°21'36" EAST AT A DISTANCE OF 55.29 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 221.87 FEET, WITH A RADIUS OF 330.00 FEET, WITH A CHORD BEARING OF SOUTH 19°37'17" EAST, AND A CHORD LENGTH OF 217.72 FEET TO A POINT; THENCE RUN SOUTH 38°52'57" EAST AT A DISTANCE OF 196.62 FEET TO A POINT; THENCE RUN NORTH 51°07'03" EAST AT A DISTANCE OF 149.12 FEET TO A POINT; THENCE RUN NORTH 65°35'47" EAST AT A DISTANCE OF 58.38 FEET TO A POINT; THENCE RUN NORTH 01°19'31" WEST AT A DISTANCE OF 298.95 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2.6 ACRES, MORE OR LESS. ADOPTED and APPROVED this, the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember 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 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 ordinance had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/- 2.2 ACRES (FOUR GIRLS, LLC) LOCATED AT THE TERMINUS OF EDISON STREET AND EAST OF CLOVERLEAF DRIVE (PARCEL# 44-10-05-16-4-002-001.000), FROM R-1-2 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Bill Davis, 201 Utah Street, spoke in favor of the proposed rezoning. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO REZONE +/- 2.2 ACRES (FOUR GIRLS, LLC) LOCATED AT THE TERMINUS OF EDISON STREET AND EAST OF CLOVERLEAF DRIVE (PARCEL # 44-10-05-16-4-002-001.000), FROM R-1-2 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2023 – 2284 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-1-2 (Medium Density Single Family Residential District) to M-1 (Light Industrial 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 M-1 (Light Industrial 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 BEING A PORTION OF THE PROPERTY DESCRIBED IN DEED BOOK 2007 PAGE 35933, SITUATED IN SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, IN LIMESTONE COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT SITUATED ON THE SOUTHEAST CORNER OF CLOVERLEAF SUBDIVISION ADDITION NO.2 AS RECORDED IN PLAT BOOK D PAGE 113 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA; THENCE RUN SOUTH 01°18'37" EAST AT A DISTANCE OF 668.31 FEET TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING RUN NORTH 85°08'19" EAST AT A DISTANCE OF 340.20 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 61.11 FEET, WITH A RADIUS OF 65.00 FEET, WITH A CHORD BEARING OF SOUTH 67°55'39" EAST, AND A CHORD LENGTH OF 58.89 FEET TO A POINT; THENCE RUN NORTH 85°08'19" EAST AT A DISTANCE OF 190.00 FEET TO A POINT; THENCE RUN SOUTH 89°52'52" EAST AT A DISTANCE OF 91.76 FEET TO A POINT; THENCE RUN SOUTH 00°07'08" WEST AT A DISTANCE OF 164.26 FEET TO A POINT; THENCE RUN NORTH 87°58'35" WEST AT A DISTANCE OF 672.00 FEET TO A POINT; THENCE RUN NORTH 01°18'37" WEST AT A DISTANCE OF 117.94 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2.2 ACRES, MORE OR LESS. ADOPTED and APPROVED this, the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 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 ordinance had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/- 15.17 ACRES (VIP LAND DEVELOPMENT, LLC) LOCATED DIRECTLY NORTH OF STRAIN ROAD WEST, APPROXIMATELY 2,500 FEET EAST OF U.S. HIGHWAY 31 SOUTH, (PARCEL#S 44-10-05-21-0-001-010.00 AND 44-10-05-21-0-001- 011.000), FROM EST (ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT) TO R-1-5 (SINGLE FAMILY ATTACHED RESIDENTIAL DISTRICT), 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 +/- 15.17 ACRES (VIP LAND DEVELOPMENT, LLC) LOCATED DIRECTLY NORTH OF STRAIN ROAD WEST, APPROXIMATELY 2,500 FEET EAST OF U.S. HIGHWAY 31 SOUTH, (PARCEL #S 44-10-05-21-0-001-010.000 AND 44-10-05-21-0-001-011.000), FROM EST (ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT) TO R-1-5 (SINGLE FAMILY ATTACHED RESIDENTIAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2023 – 2285 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-1-5 (Single Family Attached 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-1-5 (Single Family Attached 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: 15.17 acres lying in the East half of Section 21 and the West half of Section 22 of Township 3 South, Range 4 West, Limestone County, Alabama and being more particularly described as follows:  Commencing at the Southwest corner of the Southeast ·Quarter of said Section 21, Thence North 03 degrees 00 minutes 00 seconds West for a distance of 1550.00 feet to a point in the approximate center of West Strain Road; Thence South 87 degrees 40 minutes 00 seconds East along the approximate· center of said road for a distance of 2455.08 feet to the Point of Beginning of the herein described property. · Thence from the Point of Beginning leaving the approximate center of said road, North 02 degrees 02 minutes 00 seconds East along a fence for a distance of 1978.16 feet to an iron pin at fence corner, passing an iron pin on the North right of way margin of said road at a distance of 30.00 feet. Thence South 88 degrees 27 minutes 48 seconds East along a fence for a distance of 144.05 feet to an iron pin at fence corner in the approximate center of Old Mooresville Road (ABANDONED). Thence along a fence and the approximate center of said abandoned road South 16 degrees 43 minutes 39 seconds East for a distance of 31.57 feet to a point, Thence South 90 degrees 00 minutes 05 seconds East for a distance of 127.38 feet to a point; Thence South 03 degrees 23 minutes 48 seconds East for a distance of 258.36 feet to a point; Thence South 00 degrees 34 minutes 32 seconds West for a distance of 236.18 feet to a point; Thence South 03 degrees 28 minutes 00 seconds East for a distance of 125.42 feet to a point; Thence South 16 degrees 45 minutes 40 seconds East for a distance of 207.48 feet to a point; Thence South 18 degrees 26 minutes 29 seconds East for a distance of 175.50 feet to a point; Thence South 17 degrees 33 minutes 47 seconds East for a distance of 537.42 feet to a point; Thence leaving said fence continue along said abandoned road, South 41 degrees 29 minutes 03 seconds East for a distance of 54.22 feet to a point; Thence South 63 degrees 50 minutes 23 seconds East for a distance of 176.39 feet to a point in the approximate center of Swan Creek. Thence South 04 degrees 03 minutes 22 seconds East along the approximate center of said creek for a distance of 230.00 feet to a point in the approximate center of West Strain Road. Thence along the approximate center of said road, along a curve to the left having a radius of 1828.80 feet, an arc length of 214.35 feet, a chord distance of 214.23 feet with a chord bearing of North 80 degrees 17 minutes 13 seconds West to a point. Thence continue along the approximate center of said road, along a curve to the left having a radius of 3018.49 feet, an arc length of 241.96 feet, a chord distance of 241.89 feet with a chord bearing of North 86 degrees 47 minutes 21 seconds West to a point; Thence continue along the approximate center of said road, North 88 degrees 39 minutes 26 seconds West for a distance of 279.05 feet to the Point of Beginning, said property containing 15.17 acres. AND BEING SUBJECT TO one half the right of way for West Strain Road along the South boundary of the above described property, said right of way containing 0.51 acres. ADOPTED and APPROVED this, the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said 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 Seibert 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 ORDINANCE TO REZONE +/- 1.2 ACRES OF PROPERTY (MAUND FAMILY FARMS, LLC), LOCATED DIRECTLY SOUTH OF MARKET STREET WEST AND DIRECTLY EAST OF STRANGE STREET (PARCEL#S 44-10-03-08-2-001-038.000, 44-10-03-08-2-001-003.000 AND 44-10-03-082-001-032.000), FROM DWTN (DOWNTOWN DISTRICT) TO TI (TRADITIONAL INSTITUTIONAL 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 +/- 1.2 ACRES OF PROPERTY (MAUND FAMILY FARMS, LLC), LOCATED DIRECTLY SOUTH OF MARKET STREET WEST AND DIRECTLY EAST OF STRANGE STREET (PARCEL #S: 44-10-03-08-2-001-038.000 AND 44-10-03-08-2-001-033.000 AND 44-10-03-08-2-001-032.000), FROM DWTN (DOWNTOWN DISTRICT) TO TI (TRADITIONAL INSTITUTIONAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2023 – 2286 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 from DWTN (Downtown District) to TI (Traditional Institutional 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 TI (Traditional Institutional 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 3 ACCORDING TO THE FINAL PLAT OF STRANGE STREET EXTENSION AS RECORDED IN PLAT BOOK J PAGE 36 IN THE OFFICE OF THE JUDGE OF PROBATE FOR LIMESTONE COUNTY, ALABAMA, SAID LOT CONTAINS 0.86 ACRES, MORE OR LESS. TRACT 1: COMMENCING AT THE INTERSECTION OF THE BUCK ISLAND ROAD WITH THE EAST LINE OF A TEN FOOT ALLEY ALONG AND ON THE WEST SIDE OF LOT NO. 1, BLOCK NO. 66, ACCORDING TO THE HENDERSON AND CARTER MAP OF THE TOWN OF ATHENS, ALABAMA, MADE IN 1897; THENCE SOUTH FROM SAID POINT OF BEGINNING ALONG THE EAST LINE OF SAID TEN FOOT ALLEY TO THE BOUNDARY LINE OF A LOT OWNED BY MRS. MARY BELLE MCWILLIAMS, ABOUT 90 FEET; THENCE EAST ALONG SAID BOUNDARY LINE OF MRS. MARY BELLE MCWILIAMS, 60 FEET; THENCE NORTH AND PARALLEL WITH SAID TEN FOOT ALLEY ABOUT 90 FEET TO THE BUCK ISLAND ROAD; THENCE WEST ALONG SAID BUCK ISLAND ROAD, 60 FEET TO THE POINT OF BEGINNING, BEING A PART OF LOT N0.1 OF BLOCK NO. 66, ACCORDING TO THE HENDERSON AND CARTER MAP OF ATHENS, ALABAMA, MADE IN 1897, AND SAID LAND CONVEYED BEING THE NORTHWEST CORNER OF SAID LOT NO. 1 OF BLOCK 66, LESS AND EXCEPT SIX FEET EVENLY OFF THE EAST SIDE OF THE  ABOVE DESCRIBED PROPERTY CONVEYED TO MRS. W.P. MASON, IN OCTOBER 1946. ALSO, THE RIGHT OF WAY OVER AND UPON THE ABOVE NAMED AND DESCRIBED TEN FOOT ALLEY. ALSO THE FOLLOWING TRACT: A LOT RUNNING 55 FEET NORTH AND SOUTH AND 64 FEET EAST AND WEST TAKEN EVENLY OFF THE WEST SIDE OF THE FOLLOWING DESCRIBED REAL ESTATE, TO-WIT: BEGINNING AT A POINT ON HOUSTON STREET IN SAID CITY OF ATHENS, 86 FEET SOUTH OF THE SOUTHWEST CORNER OF THE INTERSECTION OF HOUSTON STREET AND MARKET STREET IN SAID CITY, THE SAID SOUTHWEST CORNER OF THE INTERSECTION BEING THE NORTHEAST CORNER OF LOT 1 OF BLOCK 66, ACCORDING TO THE HENDERSON AND CARTER MAP MADE IN 1897; AND RUNNING THENCE SOUTH FROM SAID POINT OF BEGINNING ALONG THE WEST PROPERTY LINE OF HOUSTON STREET, 55 FEET TO THE NORTH LINE OF THE LOT NOW OWNED BY MRS. BERNICE BELUE; THENCE WEST WITH SAID BELUE LOT 219 FEET; THENCE NORTH 55 FEET TO THE SOUTH LINE OF THE J.A. CARLOSS LOT; THENCE EAST ALONG THE SOUTH LINE OF THE J.A. CARLOSS AND D.E. WHITE LOT, 219 FEET TO THE POINT OF BEGINNING; TOGETHER WITH A RIGHT OF WAY 10 FEET IN WIDTH EXTENDING FROM MARKET STREET ACROSS THE WEST END OF THE NORTH PART OF SAID LOT 1 OF BLOCK 66, ACCORDING TO THE HENDERSON AND CARTER MAP OF SAID TOWN OF ATHENS. SAID PROPERTY IS FURTHER DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO RUBYE COOPER BY CHARLES JACKSON AND WIFE, AS SHOWN BY DEED BOOK 305, PAGE 267, IN THE PROBATE OFFICE OF LIMESTONE COUNTY, ALABAMA; AND RUNNING THENCE NORTH 55 FEET TO THE SOUTH LINE OF THE J.A. CARLOSS LOT; THENCE EAST ALONG THE SOUTH LINE OF THE J.A. CARLOSS LOT 64 FEET; THENCE SOUTH 55 FEET; THENCE WEST 64 FEET TO THE POINT OF BEGINNING. TRACT 2: COMMENCING AT A POINT ON THE SOUTH MARGIN OF MARKET STREET IN THE CITY OF ATHENS, ALABAMA, 100.00 FEET IN A WESTERLY DIRECTION FROM THE SOUTHWEST CORNER OF THE INTERSECTION OF SAID MARKET STREET WITH WEST (HOUSTON) STREET; AND RUNNING THENCE ALONG THE SOUTH MARGIN OF SAID MARKET STREET IN A WESTERLY DIRECTION 51.00 FEET TO THE LOT OF MRS J.D. NELSON, THENCE SOUTH 81.00 FEET TO THE BELLE MCWILLIAMS LOT NOW OWNED BY SHOAT JACKSON; THENCE EAST 51.00 FEET TO THE WEST LINE OF LOT OWNED BY D.E. WHITE; THENCE NORTH 81.00 FEET TO THE POINT OF BEGINNING; AND BEING THE SAME PROPERTY CONVEYED TO DEZZIE MCCONNELL MASON BY DEED DATED MARCH 23, 1942, AND RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA, ON FICHE 2587 AT FRAME 060. AND ALSO: 6.00 FEET EVENLY OFF THE EAST SIDE OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE INTERSECTION OF BUCK ISLAND ROAD WITH THE EAST LINE OF A 10.00 FOOT ALLEY ALONG AND ON THE WEST SIDE OF LOT NO. 1, BLOCK NO. 66, ACCORDING TO THE HENDERSON AND CARTER MAP OF ATHENS, ALABAMA, MADE IN 1897; THENCE SOUTH FROM POINT OF BEGINNING ALONG THE EAST LINE OF SAID 10.00 FOOT ALLEY TO THE BOUNDARY LINE OF A LOT OWNED BY MRS. MARY BELLE MCWILLIAMS ABOUT 90.00 FEET; THENCE EAST ALONG SAID BOUNDARY LINE 60.00 FEET; THENCE NORTH AND PARALLEL WITH SAID 10.00 FOOT ALLEY TO THE BUCK ISLAND ROAD; THENCE WEST TO SAID BUCK ISLAND ROAD 60.00 FEET TO THE POINT OF BEGINNING; AND SAID LAND CONVEYED BEING THE NORTHWEST CORNER OF LOT NO. 1 AND ALSO THE RIGHT OF WAY OVER AND UPON THE ABOVE NAMED AND DESCRIBED 10.0 FOOT ALLEY; AND BEING THE SAME PROPERTY CONVEYED TO MRS. W.P. MASON BY DEED RECORDED IN BOOK 420 AT PAGE 296 IN THE PROBATE OFFICE OF LIMESTONE COUNTY, ALABAMA. IT IS THE INTENT OF THE GRANTOR TO CONVEY ALL REAL ESTATE OWNED BY THEM LYING SOUTH OF MARKET STREET, WEST OF HOUSTON STREET, NORTH OF WASHINGTON STREET, AND EAST OF MALONE STREET, IN THE CITY OF ATHENS, ALABAMA, WHETHER CORRECTLY DESCRIBED OR NOT. ADOPTED and APPROVED this, the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said 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 Harper 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 ORDINANCE TO REZONE +- 2.06 ACRES (JOHNNIE WILSON, MARY PETTY, AND FRED WILSON) LOCATED AT 408 WEST ELM STREET (PARCEL# 44-07-09- 32-3-000-005.000), 318 WEST ELM STREET (PARCEL#S 44-07-09-32-3-000-009.000 AND 44-07-09-32-4-000- 009.000), AND 330 WEST ELM STREET (PARCEL# 44-07-09-32-3-000-010.000) FROM B-1 (NEIGHBORHOOD BUSINESS DISTRICT) AND B-2 (GENERAL BUSINESS DISTRICT) TO R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Wendy Harris (for Johnnie Wilson) and Mary Petty spoke in favor of the rezoning and asked that it be rezoned in order to restore the property to its long time use as residential property. The public hearing was closed. Councilman Lucas introduced the following ordinance: AN ORDINANCE TO REZONE +/- 2.06 ACRES (JOHNNIE WILSON, MARY PETTY, AND FRED WILSON) LOCATED AT 408 WEST ELM STREET (PARCEL# 44-07-09-32-3-000-005.000), 318 WEST ELM STREET (PARCEL #S 44-07-09-32-3-000-009.000 AND 44-07-09-32-4-000-009.000), AND 330 WEST ELM STREET (PARCEL # 44-07-09-32-3-000-010.000) FROM B-1 (NEIGHBORHOOD BUSINESS DISTRICT) AND B-2 (GENERAL BUSINESS 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 2023 – 2287 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-1 (Neighborhood Business District) and B-2 (General Business District) to 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 1-A of Block 5, Free Canada, and also described as follows: Known as Lot 1 on the West side of the Cross Key Road, beginning at the southeast corner of said lot, located in Section 32, Township 2 South, Range 4 West, and  running North 14.80 poles; thence West 11.10 poles; thence South 14.80 poles; then East 11.10 poles to the point of beginning , containing one acre, more or less, the beginning point located at the point on the south border of said Section 32, where Cross Key Road leaves the section line. AND A lot or parcel of land lying in the Southwest Quarter of the Southeast Quarter of Section 32, Township 2 South, Range 4 West, more fully described as beginning at a point found by running along the Section Line and the middle of Elm Street a distance of 2839 feet to the Southwest corner of the Church Lot; thence North 1 degree 00 minutes West along the West line of the Church Lot 241 feet to the Southeast corner of the lot involved, or the true point of beginning, from which continue North 1 degree 00 minutes West along the Church line 196 feet; thence due West 174 feet; thence South 1 degree 00 minutes East 182 feet; thence South 86 degrees 20 minutes East 174 ½ feet to the true beginning point and containing three-fourths (¾) of an acre, more or less. AND A lot in Block 3 of Free Canada, according to the 1897 Map of the City of Athens, Alabama, and described as beginning at the Southeast corner of Lot 6 of Block 3 and on the Northwest corner of the intersection of two streets or alleys and run thence North along the West side of a street or alley 92 feet, thence West 167 feet and nine inches, thence South 94 feet and 3 inches to the North side of any alley street. Thence East 164 feet to the point of beginning, and being a part of the same real estate conveyed to the grantors herein by deed recorded in Book 409, Page 128 in the Probate Office of Limestone County, Alabama. ALSO: A lot in the Southwest corner of the Southeast Quarter of Section 32, Township 2 South, Range 4 West, and particularly described as beginning at the Southwest corner of the said Southeast Quarter, and run thence North 3 degrees West along the Quarter section line 244 feet, thence North 88 degrees East 67 feet, thence South 3 degrees East 244 feet to the South boundary line of Section 32, at a point 106 feet West of the Southwest corner of the church lot, thence South 88 degrees West along the Section line 67 feet to the point of beginning, containing four-tenths of an acre. ADOPTED and APPROVED this, the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember 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 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 ordinance had been unanimously carried. Janice Woodruff, 200 Christine Street, Athens, addressed the City Council concerning the flooding issues in her yard and the traffic in her neighborhood due to the recent construction of apartment buildings in the area. Tere Richardson, Executive Director of Athens Main Street, spoke in favor of the proposed resolution to expand the downtown entertainment district. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “Restaurant Retail Liquor” alcohol license: Business Name: Elizabeth’s Cocina Mexicana and Bar LLC Dba: Elizabeth’s Cocina Mexicana Address: 616 Highway 31, Suite B Athens, AL 35611 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 the following applicant for a “SPECIAL EVENTS Retail On Premises Consumption,” alcohol license: Athens Limestone Public Library Foundation Event: Gather in the Garden Special Event Location: 603 South Jefferson Street Library Garden Athens, AL, 35611 Event Date: October 26, 2023 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, that the travel expenses in the following amount be approved for Electric Department personnel: Adam Nicholson $55.82 TVPPA-Substation Maintenance Lab-B-Huntsville, AL Jake Holland $196.31 TVPPA-Line Design & Staking Certification Level3-Knoxville, TN Clifton Kirby $197.54 TVPPA-Line Design & Staking Certification Level3-Knoxville, TN 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 the payment of budgeted travel/education expenses for specified Water Services employee in the total amount of $492.75. Timothy Norman AWPCA Conference $492.75 (WWTP) Perdido Beach, AL August 14-17, 2023 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 purchase five in-car radars for patrol units for a cost of $14,997.50 from Stalker Radar. Funding for this purchase will be from the Police Department’s existing capital expenditure account. 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 purchase equipment for police vehicles and installation of equipment from MCA (Sharp Communications) not to exceed $56,820.00. Funding for this purchase will be from the Police Department’s existing capital expenditure account. 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 FY2024 Gas Department Budget as listed and spread the same on the minutes. CITY OF ATHENS UTILITIES GAS DEPARTMENT FY 2024 BUDGET OPERATING REVENUES Metered Sales $ 18,950,500 Miscellaneous Revenue 634,710 Training Facility 70,000 Aid to Construction 500,000 TOTAL OPERATING REVENUES $ 20,155,210 OPERATING EXPENSES Employee Expense - Salaries and Benefits $ 4,546,195 Purchased Gas 7,880,450 Distribution System Operation & Maintenance 975,000 Customer Service Expense 358,120 Advertising and Promotion 355,500 Administrative and General Expense 1,098,406 Vehicle & Equipment Operations & Maintenance 275,000 Appropriation to General Fund/Admore/Elkmont 1,069,000 Debt Service Expenses 1,585,403 General Fund Salaries & Expenses 191,048 Construction in Progress 500,000 TOTAL OPERATING EXPENSES $ 18,834,122 NET OPERATING REVENUES OVER EXPENSES $ 1,321,088 CAPITAL EXPENDITURES Generator Replacement $ 15,000 Technical Equipment (CGI, Locator, etc.) 60,000 Equipment for HP Line & Leak Detection Work 60,000 CNG Compressor Station Equip/Misc. 25,000 Equipment Sheds 300,000 Boring Maching Replacement/Equipment 25,000 Leak City Paving around new build/Misc. supplies 60,000 Misc Equipment (Office equip, furniture) 25,000 Replace Trucks & Equipment 350,000 TOTAL PROPOSED CAPITAL EXPENDITURES $ 920,000 NET REVENUES AFTER PROPOSED CAPITAL EXPENDITURES $ 401,088 The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 25, 2023, that the Council approves the Fiscal Year 2024 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 2024 BUDGET OPERATING REVENUES Metered Sales $ 8,768,211 Miscellaneous Revenue 768,987 Aid to Construction 150,000 TOTAL OPERATING REVENUES $ 9,687,198 OPERATING EXPENSES Employee Expense - Salaries and Benefits $ 3,014,013 Water Production Expenses 1,173,300 Transmission and Distribution Expense 459,000 Customer Service Expense 365,506 Administrative and General Expense 723,485 Vehicle & Equipment Operations & Maintenance 135,000 Appropriation to General Fund 425,641 Debt Service Expenses 1,425,352 General Fund Salaries & Expenses 132,424 Transfer to Wastewater - Construction in Progress 200,000 TOTAL OPERATING EXPENSES $ 8,053,721 NET OPERATING REVENUES OVER OPERATING EXPENSES $ 1,633,477 CAPITAL EXPENDITURES Equipment & Rolling Stock Needs $ 678,000 TOTAL PROPOSED CAPITAL EXPENDITURES $ 678,000 NET REVENUES AFTER PROPOSED CAPITAL EXPENDITURES $ 955,477 CITY OF ATHENS UTILITIES SEWER DEPARTMENT FY 2024 BUDGET OPERATING REVENUES Metered Sales $ 7,302,252 Miscellaneous Revenue 1,973,086 Transfer from Water - Aid to Construction 100,000 TOTAL OPERATING REVENUES $ 9,375,337 OPERATING EXPENSES Employee Expense - Salaries and Benefits $ 3,538,132 Treatment Plant Operations & Maintenance 829,827 Collection System Operation & Maintenance 278,600 Customer Service Expense 231,592 Administrative and General Expense 674,488 Vehicle & Equipment Operations & Maintenance 179,542 Appropriation to General Fund 182,556 Debt Service Expenses 1,307,825 General Fund Salaries & Expenses 123,337 Construction in Progress 150,000 TOTAL OPERATING EXPENSES $ 7,495,899 NET OPERATING REVENUES OVER OPERATING EXPENSES $ 1,879,438 CAPITAL EXPENDITURES Equipment & Rolling Stock Needs $ 691,500 TOTAL PROPOSED CAPITAL EXPENDITURES $ 691,500 NET REVENUES AFTER PROPOSED CAPITAL EXPENDITURES $ 1,187,938 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the FY 2024 General Fund Operating Budget as follows: Operating Expenditures City Clerk/Mayor's Office $ 2,129,750 Municipal Court 428,595 Human Resources 500,695 Fire Department 6,021,638 Police Department 7,791,000 Parks/Recreation/Cemetery 4,017,100 Street Department 3,292,900 Sanitation Department 4,908,700 Planning Department 507,250 Building Inspection Department 812,100 Public Works Department 940,730 Information Technology 489,200 Total Operating Expenditures $ 31,839,658 Appropriations - Nondiscretionary $ 7,126,000 Transfers Out - Transfer Station 1,700,000 Other Transfers Out/Debt Service 4,074,512 Total Expenditures $ 44,740,170 Revenues Before Transfers In $ 39,049,061 Proceeds from Debt - Transfer Station 1,700,000 Transfers In - Other Funds 4,500,000 Total Expected Revenues $ 45,249,061  Operating Budget Surplus Before Discretionary Appropriations $ 508,891 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the FY 2024 Special Revenue Operating Budgets as follows: ALCOHOL FUND GASOLINE TAXES .04/05/.07 Revenues Revenues Taxes $ 1,000,000 State Appropriation $ 230,000 Licenses and Permits 50,000 Interest Income 5,000 Total Revenue 230,000 Total Revenue 1,055,000 Expenditures Expenditures City Board of Education 475,000 Audit Fees 2,500 Administrative Expense 50,000 Bridge Inspection 6,000 Debt Service - GO Debt 200,000 Road Repair 209,500 Appropriations-MHC & BG Club 300,000 Road Signs 12,000 Total Operating Expenditures 1,025,000 Total Operating Expenditures 230,000 Revenues Over (Under) $ 30,000 Revenues Over (Under) $ - DRUG TASK FORCE REBUILD ALABAMA ACT GAS FUND Revenues Revenues Confiscations Revenue $ 5,000 State Appropriation $ 200,000 Expenditures Total Revenue 200,000 Supplies 3,000 Expenditures Revenues Over (Under) $ 2,000 Road Repair 200,000 COURT SYSTEM Revenues Over (Under) $ - Revenues Court Education $ 5,000 Solicitors Admin Fee 7,500 ANIMAL CONTROL Court Operations 26,000 Interest Income 1,500 Revenues Total Revenue 40,000 Interest Income $ 25 Expenditures Expenditures Supplies - Supplies 10,000 Revenues Over (Under) $ 25  $ 30,000 The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to reorganize the Electric Department in accordance with the attached organizational chart, which includes 84 full-time, 2 part-time, and 3 intern positions.  Electric Services Director  Assistant Director of Electric Services  Fleet Manager  Installation Inspector  Operations/Compliance Supervisor  Building Maintenance Worker (2)  Dispatcher (6)  Chief Mechanic  Electric Distribution Supervisor  Assistant Electric Distribution Supervisor  Right of Way Manager  Right of Way Technician (2)  Line Crew (35)  Substation Supervisor  Substation Maintenance Crew (12)  AMI Metering Technician (2)  Construction Engineer  Assistant Construction Engineer  Staking Technician (3)  CAD Operator  Locator Technician (3)  Electrical Distribution Engineer  Electrical Engineer (2)  Engineering Technician  GIS Administrator  AMI System Manager  Part Time Dispatcher (2)  Intern/Co-Op (3) The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the job descriptions listed below for the Electric Department:  Assistant Director of Electric Services; Job description created 08/20/2023  Fleet Manager; Job description created 08/20/2023  Installation Inspector; Job description created 08/20/2023 The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2023 - 2288 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a master classification plan for employees is hereby amended to be effective: 09/26/2023. Add the following job titles to the list of positions for the Electric Dpt. (1) Assistant Director of Electric Services (2) Fleet Manager (3) Installation Inspector ADOPTED this the 25th day of September, 2023 /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said 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. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2023 - 1912 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA AS FOLLOWS: I. THAT THE CITY AUTHORIZES THE MAYOR TO APPLY FOR U.S. DEPARTMENT OF TRANSPORTATION “RECONNECTING COMMUNITIES PILOT (RCP)” PROGRAM FROM THE FEDERAL HIGHWAY ADMINISTRATION IN THE AMOUNT OF $650,000 ($520,000 FEDERAL AND $130,000 SPONSOR); AND II. THIS FUNDING, IF AWARDED, WILL BE USED FOR THE CREATION OF A COMMUNITY PLAN TO RECONNECT STRAIN ROAD; AND  III. IF RCN FUNDING IS AWARDED, THE CITY OF ATHENS AGREES TO PAY REQUIRED EXPENSES, INCLUDING BUT NOT LIMITED TO $130,000 FOR MATCHING FUNDS; AND IV. THAT THE RCN APPLICATION BE EXECUTED IN THE NAME OF THE CITY; AND V. THAT THE AGREEMENT BE ATTESTED BY THE CITY CLERK AND THE SEAL OF THE CITY OF ATHENS BE AFFIXED THERETO; NOW THEREFORE BE IT RESOLVED, THAT UPON THE COMPLETION OF THE EXECUTION OF THE AGREEMENT BY ALL PARTIES, THAT A COPY OF THE AGREEMENT BE KEPT ON FILE BY THE CITY CLERK. ADOPTED AND APPROVED by the City Council of Athens, Alabama on this, the 25h day of September 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2023 – 1913 WHEREAS, the Alabama Department of Environmental Management is overseeing federal Section 319 NPS Watershed funds; and WHEREAS, the City of Athens is eligible to apply for funding for Phase 1 of Sunrise Park to incorporate watershed-type activities; and WHEREAS, the grant funds would cover 60 percent of the project costs for watershed-type activities like bioretention areas, permeable pavers, and plants; and WHEREAS, the City’s 40 percent match can include in-kind, such as employee salaries, office supplies, grant management, educational programs through KALB, and other related activities; NOW THEREFORE, the Athens City Council does hereby authorize the Mayor’s Office to apply for Section 319 NPS Watershed grant funds for Sunrise Park Phase 1 in the amount of $570,841 with a City of match of $385,068, for a total project cost of $955,909. ADOPTED this the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Henry introduced the following resolution:  RESOLUTION NUMBER 2023 – 1914 A RESOLUTION RESTATING THE MAP OF THE SQUARE ARTS AND ENTERTAINMENT DISTRICT _______________________________________________ WHEREAS, the Athens City Council previously established The Square Arts and Entertainment District; and WHEREAS, the City Council wishes to expand the district as shown herein. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on September 25th, 2023 at 4:30 PM, that, pursuant to § 6-84 of the Code of Ordinances of the City of Athens, the boundaries of The Square Arts and Entertainment District are re-established as shown in Attachment A to this Resolution. ADOPTED this the 25th day of September, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT A (Next Page) The motion was seconded by Councilwoman Harper and was carried with three yeas and one abstention by Councilman Seibert. Councilman Harper introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 25, 2023, that the Council authorizes Change Order 2, an additive change order in the amount of $113,919.00 for the Lower Swan Creek Sewer System contract with Cleary Construction, Inc., and the Water Services Director, 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, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember 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. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 25, 2023, that the Council authorizes an unbudgeted capital in the amount of $13,500.00 for the consulting agreement Amendment 1 with Krebs Engineering, Inc. for the design and construction services for the Swan Creek Trunk Line Improvements Project, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. 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 Lucas 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on September 25, 2023, that the Council authorizes an unbudgeted capital amount of $30,200.00 to be funded from the Water Services Department cash reserves for Krebs Engineering, Inc. to perform engineering design and procurement services to replace approximately 150 feet of the existing trunk line on Newton Boulevard, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. 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, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember 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. Michael George, 21674 Silver Oaks Circle, Athens, addressed the City Council regarding flooding issues on his and his neighbors’ properties. Wilbert Woodruff, 200 Christine Street, Athens, addressed the City Council regarding whether or not there had been any discussion relating to the unfinished business at Jimmy Gill Park. Mayor Marks stated that the City would not construct a fence around the pond due to safety issues and that although the City is looking at constructing sidewalks in the area, the original design of Jimmy Gill Park never included plans for a softball field. * * * There being no further business to come before the meeting, Council President Wales asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK