City Council

November 13, 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 November 13, 2023 at 4:30 p.m. The meeting was called to order by Councilwoman Dana Henry, 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 Harper offered the invocation. Councilman Lucas 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 October 23, 2023 City Council Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. The Chairperson stated that the Minutes of the October 23, 2023 City Council Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously approved. Council President Henry announced that Mayor Marks is absent due to a procedure that he had on Thursday. Holly Hollman read a proclamation declaring Saturday, November 25th, 2023 as Small Business Saturday. Council President Henry reminded everyone that Christmas Open House will be held November 17th – 19th, 2023 in the downtown area. She thanked Kim Glaze and anyone else that helped her for decorating City Hall for Christmas. Councilman Lucas 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: CSFAMILY Hospitality Group, LLC Dba: Lil Mazzara’s Address: 102 E. Washington Street Athens, AL 35611 The motion was seconded by Councilman Harper 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 following applicant for a “Restaurant Retail Liquor” alcohol license: Business Name: Ro’s Grille, LLC Dba: Ro’s Grille Address: 126 N. Jefferson Street Athens, AL 35611 The motion was seconded by Councilman Harper 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 following travel/education expenses for the Mayor’s office: Linda Black Senior Masters Games Valley, Alabama October 15 – 19, 2023 $ 351.15 Amy Golden Senior Masters Games Valley, Alabama October 15-19, 2023 $ 2,087.12 Holly Hollman RC&D Grant Meeting October 17, 2023 $ 49.78 The motion was seconded by Councilman Harper 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 travel/education expenses for the following personnel of the Customer Accounts Department: Cameron Johnson NAAPA Meeting $28.82 October 30, 2023 Mileage The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas 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: Harrison Russell $131.92 TVPPA-Line Design & Staking Certification Level 4-Clarksville, TN Chris Haney $113.88 TVPPA-Line Design & Staking Certification Level 4-Clarksville, TN Donnie McBay $137.96 Alabama Urban Forestry Annual Conference-Orange Beach, AL Rhett Murphy $250.09 Alabama Urban Forestry Annual Conference-Orange Beach, AL The motion was seconded by Councilman Harper 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 travel/education expenses for the following City Council member: Chris Seibert BIO Alabama Conference $645.78 Birmingham, AL October 17-18, 2023 The motion was seconded by Councilman Harper 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 reschedule the regular City Council meeting on December 25th, 2023 to December 18th, 2023 at the same place and time. The motion was seconded by Councilman Harper 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 accept the proposal of Huntsville Fence Company to install 20 foot poles and netting at Swan Creek Park, at a cost not to exceed $5,300, to be funded as follows: (1) $5,000 from the funds donated by the Athens Pickleball Association to be used for pickleball related activities and (2) $300 to be funded from the Cemetery, Parks and Recreation FY 2024 operating budget. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2023 - 1923 A RESOLUTION FOR THE CITY OF ATHENS TO ENTER INTO A SERVICE CONTRACT TO UPGRADE EXISTING PERMIT SOFTWARE FOR THE BUILDING INSPECTION DEPARTMENT. WHEREAS, there is a need for the Building Inspection Department to upgrade its existing software; WHEREAS, GovBuilt has provided proposals to upgrade the department’s curent software which will allow for a custom cloud-based integraged online permitting and inspection system with citizen portal, unlimited user licenses, unlimited expansion of forms, mobile app for offline inspections, integration with current in-place systems, and data management; WHEREAS, GovBuilt has provided a quote for annual subscription including unlimited support for Building Inspection Software upgrades at a cost of $20,557.25 for the first year with a 15% discount and $24,185.00 MSRP afterwards which has already been approved in the current operational budget for the Building Inspection Department; WHEREAS, GovBuilt has provided a proposal to upgrade the Building Inspection Department’s existing permititng and inspection software, train department employees, proved data conversion, and provide unlimited support at a one time cost of $81,497.78 considered a capital expense; WHEREAS, the City of Athens Building Department has reviewed different alternatives and believes that the GovBuilt proposal best fits the City’s needs, and is for a fair and reasonable price;  WHEREAS, under § 41-16-51(a)(8) of the Code of Alabama, competitive bidding is not required for the purchase of computer programs and software applications; and WHEREAS, the City of Athens Building Department recommends that the service contract be entered into for the Department in the amount of $102,055.03, to be funded by a general fund budget amendment to line item 100.519.82406, Software Licenses/Maintenance. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that: Section 1. The Mayor, for and on behalf of the City, is authorized to enter into a contract with GovBuilt for the purchase of the upgrade of Building Inspection and permitting software, as described herein. Said contract shall be in the amout of $102,055.03 in the first year, and will be subject to annual subscription fees of $24,1850 for subsequent years (subject to a cumulative 5% annual technology fee increase in future years). The contract shall be funded by a general fund budget amendment to line item 100.519.82406, Software Licenses/Maintenance. The contract may have a term for up to five (5) years, and may contain such additional terms and conditions as the Mayor approves, so long as the same are not inconsistent herewith. Section 2. The Mayor is further authorized to carry out and enforce the terms of such contract, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. ADOPTED this the 13th day of November, 2023. /s/ Dana Henry 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 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 seconded the motion to adopt the ordinance. 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 2023 - 1924 A RESOLUTION REGARDING THE PURCHASE OF REAL PROPERTY ON BIBB GARRETT ROAD, AND THE GRANTING OF A FIRST RIGHT OF REFUSAL FOR REAL PROPERTY LOCATED ON MOORESVILLE ROAD _______________________________________________ WHEREAS, state law authorizes municipalities to acquire real property for municipal and public purposes; WHEREAS, the City Council of the City of Athens, Alabama wishes to acquire approximately 5 acres of real property along Bibb Garrett Road, described more particularly in Attachment A hereto, (the “Property”), from Peebles Farms, LLC (“Peebles”), in exchange for a price of $60,000.00 per acre, plus the granting of a first right of refusal (specified in more detail below); WHEREAS, the City Council intends to construct a new electrical substation on the Property; WHEREAS, the City of Athens, Alabama owns certain real property along Mooresville Road, described more particularly in Attachment B hereto (the “Substation Property”), and operates an electrical substation on the same; and WHEREAS, the City Council, as a part of the consideration for the Property, is also willing to grant Peebles a first right of refusal to purchase the Substation Property, which shall, if not exercised, expire after a 5 year period. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its regular meeting on November 13TH, 2023, at 4:30 p.m., as follows: 1. The Mayor of the City of Athens (and/or his designee), on behalf of the City of Athens, Alabama, is authorized to purchase the Property from the owner(s) thereof, for a purchase price of Sixty Thousand Dollars ($60,000) per acre, plus any incidental/closing costs related thereto in connection with the purchase and closing. 2. The Mayor of the City of Athens (and/or his designee), on behalf of the City of Athens, Alabama, is further authorized to grant Peebles a first right of refusal to purchase the Substation Property which shall, if not exercised, expire after a 5 year period. (Note that the future sale of the Substation Property to Peebles would still require the City Council’s adoption of an ordinance.) 3. To that end, the Mayor, on behalf of the City, is authorized to enter into and carry out contracts for the City’s purchase of the Property (and the granting of a first right of refusal) at such cost, upon such terms as the Mayor deems reasonable and appropriate (that are not inconsistent herewith), and to accept a deed(s) to the Property on behalf of the City. 4. The costs/expenses related to this Resolution shall be paid from the following fund of the City of Athens: 2022 Warrant Fund. 5. The Mayor is authorized to take actions and execute such other and further documents as may be reasonably necessary to effect and carry out the transactions contemplated by this Resolution. ADOPTED this the 13TH day of November, 2023. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  ATTACHMENT A Approximately 5 acres of certain real property adjacent to Bibb Garrett Road located in Limestone County, Alabama and being a portion of Tax Parcel 18-03-06-0-000-002.000, as identified by the Limestone County Revenue Commissioner, and as depicted below: together with all easements, rights of way, licenses, privileges, hereditaments and appurtenances, if any, inuring to the benefit of such real property.  ATTACHMENT B Subject to all easements, covenants, restrictions, and other matters of public record. Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Seibert seconded the motion to adopt the ordinance. 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 Wales introduced the following resolution: RESOLUTION NUMBER 2023 - 1925 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into an agreement with Morell Engineering to survey portions of unimproved right of way from Athens-Limestone Dr to Forrest St, for engineering design of a future minor collector to be named, cost not to exceed $6,500 and taken out of Public Works Professional Services line item. ADOPTED and APPROVED this, the 13th day of November, 2023. /s/ Dana Henry 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 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 seconded the motion to adopt the ordinance. 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 Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue a task order to Morell Engineering for Boundary Survey and Phase I Environmental Assessment for property located north of the City of Athens Public Works Department property on Elm Street in an amount of $10,000 to be funded from the Capital Infrastructure Fund. Councilmember Wales 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 seconded the motion to adopt the ordinance. 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 2023- 1926 A Resolution to Propose Amendments to Zoning Ordinance Sections 6.1.9.A(5) and 6.1.9.A(8) Relating to Material Standards for Detached Residential Development within the City Limits of Athens, Alabama. WHEREAS, the fundamental purpose of the Zoning Ordinance is generally to promote public health, safety, morals, and general welfare; to provide for the orderly development and growth of Athens; and to conform with the most advantageous uses of land, resources and properties, for the general good and benefit to the people of Athens; WHEREAS, the Athens City Council has concern for the long-term durability of current material standards found within the City of Athens Zoning Ordinance; WHEREAS, the Athens City Council has directed the Planning Department to review and provide recommendations regarding suitable building materials within Zoning Ordinance Article 6; WHEREAS, the Athens Planning Department has provided the following recommendations to Zoning Ordinance Sections 6.1.9.A(5) and 6.1.9.A(8) regarding detached residential development; ● Proposed Changes to ZO Section 6.1.9.A(5) 5) Foundations. a) For homes within the Traditional Zoning Districts, the finished floor elevation at the front façade shall be located above grade in accordance with the following standards: (i) For setbacks of ten feet or more, the finished floor elevation of the front facade shall be a minimum of 12 inches above grade; and (ii) For setbacks of less than ten feet, the finished floor elevation of the front facade shall be a minimum of 24 inches above grade. Figure 6-12: Residential structures incorporate raised foundations, as depicted in the photo to the right, to give a vertical orientation and well-proportioned appearance, as well as to provide privacy for occupants. b) Exposed foundation walls or piers shall be clad in face brick, stone, or some other masonry material accurately imitating these materials. Smooth-faced standard concrete block is prohibited on residential structures unless covered in an approved masonry material. Smooth- faced standard concrete block is prohibited on residential accessory structures unless covered in an approved masonry material or troweled with a stucco-like finish to a thickness in which the joints of the block are not visible. c) In cases where piers are used, painted or stained latticework screening shall be installed between piers on front and side building façades. d) Nothing in this subsection shall prevent the use of slab foundations, provided: (i) The outer edge of the slab is clad in the materials required in this subsection; and (ii) It extends to the minimum height above grade required in traditional zones. ● Proposed Changes to ZO Section 6.1.9.A(8) 8) Materials a) Materials permitted in Traditional Zones are listed in Article 4, Traditional Zone Regulations. b) Developments with more than one residential structure shall use materials that are compatible with one another. c) The use of aluminum siding, corrugated metal siding, or exposed smooth-faced concrete block is prohibited. High-quality metal siding (e.g., stainless steel, copper, brushed nickel, brass, etc.) may be approved for use on a case-by-case basis. d) Vinyl siding, synthetic stucco (EIFS), and fibrous cement siding shall be subject to the following limitations in all zones except the HN District: (i) Vinyl siding is allowed on eaves and soffits.  (ii) These materials are prohibited at any point within 30 inches of the exterior finished grade level (iii) If used, it must be above a brick, stone, split face block, or masonry that extends from exterior finished grade to 30 inches above exterior finished grade, or to the bottom of the windows, whichever measurement is greater. Masonry materials that do not meet this requirement are smooth-faced block (prohibited by [c]) and faux masonry veneer. (iv) Accessory structures must have brick, stone, split face block, masonry that extends from exterior finished grade level to 30 inches above exterior finished grade level. Masonry materials that do not meet this requirement are smooth-faced block (prohibited by [c]) and faux masonry veneer. Fibrous cement siding on accessory structures shall be exempt from this requirement. e) Vinyl siding and synthetic stucco (EIFS) shall be subject to the following limitations in the HN District: (i) Vinyl siding is allowed on eaves and soffits. (ii) Accessory structures are allowed to match the materials of a detached house, with the same limitations as 6.1.9.A(8)(d)(iv). f) Where two or more materials are proposed to be combined on a facade, the heavier and more massive elements shall be located below the lighter elements (i.e., brick shall be located below stucco). It is acceptable to provide the heavier material as a detail on the corner of a building or along cornices or windows. Figure 6-14: These homes demonstrate how heavier materials (brick) should be located below lighter materials (wood siding). g) The exposure width of horizontal siding shall be no more than six inches. h) The exterior building material of chimneys shall not be siding (vinyl or fibrous cement), and shall either: (i) Match the building material of the foundation; or (ii) Be stone or brick. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to provide the City of Athens Planning Commission with the proposed changes to the Athens Zoning Ordinance so the Commission may review and provide a prompt report back to the Council regarding the suitability of the proposed changes. READ AND ADOPTED this, the 13TH day of November, 2023. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Kirk Parker, 915 Beech Street, Athens, addressed the City Council and thanked Councilman Harper for the prayer that he led. Mr. Parker stated that he is a veteran and that his community is going through times that he experienced when he was younger at Tanner High School. He expressed his concerns regarding the subject of sewer expansion not being offered in his community. Bobby Sledge, 924 Strain Road, Athens, addressed the City Council regarding sewer expansion and drainage issues. Mr. Sledge stated that attention is needed in the Strain Road community and that he believes that there are grants that can be applied for to aide these problems. James Jamar, Pastor of St. John Missionary Baptist Church, 918 Strain Road East, addressed the City Council regarding drainage issues in the area of the church. Pastor Jamar also stated that the ditches are a problem and that residents should be able to have sewer. Willie Hardy, 819 Strain Road West, Athens, addressed the City Council regarding water issues. Mr. Hardy stated that the water smells and that they have to purchase water to drink. He also noted that more utility lights are needed and signs for deer crossing. Sharon Wilson, 2035 Luke Street, Athens, addressed the City Council regarding mold in her home due to drainage issues. Ms. Wilson stated that she is worried about the black mold affecting her and her mother. She noted that her insurance company would not repair her home and was told to contact the City of Athens. Ms. Wilson asked for someone to please contact her. Stoney Burks, 2108 Luke Street, Athens, addressed the City Council and asked them to come out and walk through the neighborhoods that are being discussed and see what can be done to rectify the problems being brought before the Council. Bennie Frasier, 708 Westview Street, Athens, addressed the City Council regarding the Vine Street project. Mr. Frasier stated that rainwater runs downhill to his property and that he was told that his property wasn’t in the plans for improvement. Mr. Frasier asked the Council to address the situation while workers are in the neighborhood. Ollie Turner, 1701 Luke Street, Athens, stated that he was speaking on behalf of the NAACP and all of the residents present and addressed the City Council regarding the Strain Road community being neglected. Mr. Turner asked why funds have not been spent to help with the problems of the community. Mr. Wales stated that there is definitely a need and that the process has been started. Kelvin MacLin, 1016 Highland Street, Athens, addressed the City Council and stated that he is the Chairman of the Criminal Justice Committee of the NAACP. Mr. MacLin noted that he was in attendance to show support for the community and that none of their concerns will go unnoticed. He expressed that he wants to work with the City and that there is definitely a need in the community. Mr. MacLin asked the Council to walk with the community in love. Mark Wilson, 18042 North Jefferson Street, Athens, addressed the City Council regarding the houses that are neglected in his neighborhood. Mr. Wilson stated that laws are made for new houses and wants to know why others are not held to the same standard. He then asked for an update of the intersection at Jefferson Street and Elm Street. Bill Davis, 201 Utah Street, Athens, addressed the City Council and stated that he believes that the Council tries to make decisions based on the best interest of the citizens of the City of Athens. Mr. Davis also stated that he feels as though sometimes decisions for subdivisions and additions are made without input from the citizens that are affected. He thanked Mayor Marks for the additional exit to the south of the development by his home. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Seibert made the motion and Councilman Wales seconded. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK