City Council
Regular MeetingAthens, AL · November 27, 2023
Minutes
November 27, 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 27, 2023 at 4:30 p.m. The meeting was called to order by Councilman James Lucas,
President Pro Tem of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert,
Harold Wales, James E. Lucas, and Wayne Harper. Council President Henry was absent. Annette Barnes-Threet, City Clerk,
was present and recorded the minutes of the meeting. Councilman 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 13, 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
November 13, 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.
Mayor Marks stated that he was glad to be back and on the mend from his recent procedure. The Mayor asked that attention
be given to the upcoming appropriations and their requests.
PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE AMENDING THE ATHENS ZONING
ORDINANCE
Erin Tidwell, City Planner, addressed the City Council regarding the proposed ordinance and gave a brief summary of the
request.
The public hearing was closed.
Councilman Wales introduced the following ordinance:
ORDINANCE NUMBER 2023 - 2298
AN ORDINANCE AMENDING THE ATHENS ZONING ORDINANCE
________________________________________________________
WHEREAS, the Planning Commission of the City of Athens, Alabama (the “Commission”) proposes that the Athens
City Council further amend Ordinance Number 2017-2016 with amendments 2019-2079, 2020-2140, 2021-2058, 2021-2167,
2023-2268 the Zoning Ordinance of the City of Athens, Alabama (the “Zoning Ordinance”);
WHEREAS, at its regular meeting on October 17, 2023, and after a public hearing, the Planning Commission issued
its final report and recommendation that the Athens City Council amend Ordinance No. 2017-2016, the Zoning Ordinance of
the City of Athens, Alabama (the “Zoning Ordinance”) as set forth herein;
WHEREAS, after having received and considered the information from a public hearing, and having fully deliberated
these matters, the City Council desires to amend the Zoning Ordinance as set forth herein; and
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA,
while in regular session on November 27, 2023, at 4:30 p.m., as follows:
Section 1. Table 6-9: Sign Position, Density, Area and Height by District of the Zoning Ordinance be amended to read
as follows:
Section 2. Section 9.2. Definition of Specific Terms and Words of the Zoning Ordinance be amended to read as
follows:
Business center sign. An on-premise detached sign which identifies a complex of two (2) or more occupants or
tenants on the same lot, tract of land, or within the same named development.
ADOPTED and APPROVED this, the 27th day of November, 2023.
/s/ James Lucas
PRESIDENT PRO TEM, 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, 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 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, 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 +/-8.00 ACRES (CITY OF
ATHENS) LOCATED ON THE EAST SIDE OF JEFFERSON STREET SOUTH, APPROXIMATELY 900 FEET
SOUTH OF COMMERCIAL DRIVE (PARCEL# 44-10-04-17-1-000-016.000), FROM R-1-4 (SINGLE FAMILY
DUPLEX ATTACHED RESIDENTIAL DISTRICT) TO B-2 (GENERAL BUSINESS DISTRICT), WITHIN THE
CORPORATE LIMITS OF THE CITY OF ATHENS
Erin Tidwell, City Planner, addressed the City Council regarding the proposed ordinance and gave a brief summary of the
request.
The public hearing was closed.
Councilman Seibert introduced the following ordinance:
AN ORDINANCE TO REZONE +/- 8.00 ACRES (CITY OF ATHENS) LOCATED ON THE EAST SIDE OF
JEFFERSON STREET SOUTH, APPROXIMATELY 900 FEET SOUTH OF COMMERCIAL DRIVE (PARCEL #
44-10-04-17-1-000-016.000), FROM R-1-4 (SINGLE FAMILY DUPLEX ATTACHED 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 2023 – 2299
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 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 BEING SITUATED IN SECTION 17, TOWNSHIP 3 SOUTH RANGE 4 WEST, LIMESTONE
COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND CONCRETE MONUMENT BEING SITUATED ON THE NORTHEAST CORNER OF
SECTION 17, TOWNSHIP 3 SOUTH, RANGE 4 WEST, IN LIMESTONE COUNTY, ALABAMA; THENCE RUN ALONG
THE NORTH LINE OF SAID SECTION NORTH 87°42’13” WEST AT A DISTANCE OF 2655.76 FEET TO A POINT;
THENCE RUN SOUTH 00°08’03” EAST AT A DISTANCE OF 824.02 FEET TO A FOUND IRON PIN SITUATED ON
THE NORTH LINE OF AUTUMN FALLS SUBDIVISION AS RECORDED IN PLAT BOOK K PAGE 256, IN THE
OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA; THENCE RUN SOUTH 00°04’16”
EAST AT A DISTANCE OF 1837.41 FEET TO A FOUND IRON PIN SITUATED ON THE WESTERN RIGHT OF WAY
OF JEFFERSON STREET; THENCE CROSSING JEFFERSON STREET RUN NORTH 89°39’07” EAST AT A DISTANCE
OF 102.35 FEET TO A FOUND METAL PIPE SITUATED ON THE EASTERN RIGHT OF WAY OF JEFFERSON
STREET, SAID FOUND METAL PIPE ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
TRACT;
THENCE FROM THE POINT OF BEGINNING, AND ALONG SAID RIGHT OF WAY WITH A CURVE TURNING TO
THE RIGHT, WITH AN ARC LENGTH OF 444.25 FEET, WITH A RADIUS OF 2033.49 FEET, WITH A CHORD
BEARING OF NORTH 13°35’11” EAST, AND A CHORD LENGTH OF 443.37 FEET TO A SET ½ INCH CAPPED IRON
REBAR STAMPED “MORELL ENG CA-742-LS”; THENCE LEAVING SAID RIGHT OF WAY RUN SOUTH 87°15’54”
EAST AT A DISTANCE OF 795.29 FEET TO A FOUND IRON PIN SITUATED ON THE WESTERN RIGHT OF WAY
OF MONROE STREET, SAID IRON PIN ALSO BEING NORTH 87°26’33” WEST A DISTANCE OF 30.00 FEET FROM
A FOUND RAILROAD SPIKE IN THE CENTERLINE OF MONROE STREET, A DISTANCE OF 40.36 FEET FROM A
FOUND IRON PIN, AND A DISTANCE OF 54.45 FEET FROM A FOUND IRON PIN ON THE EASTERN RIGHT OF
WAY OF MONROE STREET; THENCE ALONG SAID RIGHT OF WAY RUN SOUTH 02°20’38” WEST AT A
DISTANCE OF 390.49 FEET TO A SET ½ INCH CAPPED IRON REBAR STAMPED “MORELL ENG CA-742-LS”, SAID
SET CAPPED IRON PIN ALSO BEING SOUTH 89°39’07” WEST A DISTANCE OF 30.03 FEET FROM A FOUND
RAILROAD SPIKE IN THE CENTERLINE OF MONROE STREET, AND A DISTANCE OF 51.58 FEET FROM A FOUND
IRON PIN SITUATED ON THE EASTERN RIGHT OF WAY OF MONROE STREET; THENCE LEAVING SAID RIGHT
OF WAY RUN SOUTH 89°48’54” WEST AT A DISTANCE OF 882.57 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINS 8.00 ACRES, MORE OR LESS.
AND ALSO SUBJECT TO ALL RIGHTS-OF WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS THAT MAY
OR MAY NOT BE OF RECORD.
LESS AND EXCEPT THE FOLLOWING TRACT OF LAND, CONSISTING OF 0.22 ACRES, MORE OR LESS:
A TRACT OF LAND BEING SITUATED IN SECTION 17, TOWNSHIP 3 SOUTH RANGE 4 WEST, LIMESTONE
COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND CONCRETE MONUMENT BEING SITUATED ON THE NORTHEAST CORNER OF
SECTION 17, TOWNSHIP 3 SOUTH, RANGE 4 WEST, IN LIMESTONE COUNTY, ALABAMA; THENCE RUN ALONG
THE NORTH LINE OF SAID SECTION NORTH 87°42’13” WEST AT A DISTANCE OF 2655.76 FEET TO A POINT;
THENCE RUN SOUTH 00°08’03” EAST AT A DISTANCE OF 824.02 FEET TO A FOUND IRON PIN SITUATED ON
THE NORTH LINE OF AUTUMN FALLS SUBDIVISION AS RECORDED IN PLAT BOOK K PAGE 256, IN THE
OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA; THENCE RUN SOUTH 00°04’16”
EAST AT A DISTANCE OF 1837.41 FEET TO A FOUND IRON PIN SITUATED ON THE WESTERN RIGHT OF WAY
OF JEFFERSON STREET; THENCE CROSSING JEFFERSON STREET RUN NORTH 89°39’07” EAST AT A DISTANCE
OF 102.35 FEET TO A FOUND METAL PIPE SITUATED ON THE EASTERN RIGHT OF WAY OF JEFFERSON
STREET; THENCE RUN NORTH 89°48’54” EAST AT A DISTANCE OF 321.08 FEET TO A SET ½ INCH CAPPED IRON
PIN STAMPED “MORELL CA-742-LS” ON A EXISTING FENCE LINE; SAID SET CAPPED IRON PIN ALSO BEING
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE FROM THE POINT OF BEGINNING RUN NORTH 19°22’42” WEST ALONG SAID FENCE LINE AT A
DISTANCE OF 35.83 FEET TO A FENCE CORNER; THENCE ALONG SAID FENCE RUN SOUTH 88°01’39” EAST AT
A DISTANCE OF 183.02 FEET TO A SET ½ INCH CAPPED IRON PIN STAMPED “MORELL CA-742-LS”; THENCE
ALONG SAID FENCE LINE RUN SOUTH 85°38’04” EAST AT A DISTANCE OF 339.69 FEET TO A SET ½ INCH
CAPPED IRON PIN STAMPED “MORELL CA-742-LS”; THENCE LEAVING SAID FENCE LINE RUN SOUTH
89°48’54” WEST AT A DISTANCE OF 509.73 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINS 0.22 ACRES, MORE OR LESS.
ADOPTED and APPROVED this, the 27th day of November, 2023.
/s/ James Lucas
PRESIDENT PRO TEM, CITY COUNCIL,
CITY OF ATHENS, ALABAMA
/s/ William R. Marks
MAYOR, CITY OF ATHENS, ALABAMA
ATTEST:
/s/ Annette Barnes
CITY CLERK, CITY OF ATHENS, ALABAMA
Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said ordinance,
which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was
recorded: YEAS: Councilmembers Seibert, Wales, Lucas, 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 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, and Harper; NAYS: None. The President
thereupon announced that the motion for the adoption of the said ordinance 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 reappoint Bobby Norman to the
Athens Housing Authority Board for a five year term, expiring on December 1, 2028.
The motion was seconded by Councilman Harper 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 payment of
budgeted travel/education expenses for specified Water Services employees in the total amount of $1,375.68.
Brian Daniel ADEM Annual Surface Water Meeting $237.00
Wetumpka, AL
October 17, 2023-October 18, 2023
Xavier Dekarske Duncan Parnell Office $155.89
Nashville, TN
October 17, 2023-October 17, 2023
Jimmy Junkin Alabama Water & Wastewater Institute $982.79
2023 AWWI Education Conference
Point Clear, AL
October 29, 2023-October 31, 2023
The motion was seconded by Councilman Harper 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 following
travel/education expenses for the Mayor’s office:
Ronnie Marks SMC Conference
Wheeling, West Virginia
October 31 – November 3, 2023 $ 427.59
The motion was seconded by Councilman Harper and was unanimously carried.
Councilman Seibert introduced the following resolution:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on November 27,
2023, that the Water Services Director is authorized to purchase a Dodge Ram 2500 service truck for the Wastewater Collection
Division at a cost not to exceed $55,649.39 to be funded by operating revenues.
The motion was seconded by Councilman Harper 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 set a Public Hearing for the
regular meeting on January 8, 2024 to consider the request of the Planning and Zoning Department for various proposed
amendments to the Zoning Ordinance of the City of Athens as recommended by the Planning Commission.
The motion was seconded by Councilman Harper 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 set a Public Hearing for the
regular meeting on January 8, 2024 to consider the request of Magnus Capital Partners, LLC to rezone +/- 12.6 acres of property
located approximately 400’ south of Commercial Drive and directly west of Jefferson Street South (Parcel # 44-10-04-17-2-
000-065.000) from B-2 (General Business District) to R-2 (Multiple Family Residential District) within the corporate limits of
the City of Athens, and the request to approve the associated Master Development Plan.
The motion was seconded by Councilman Harper 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 set a Public Hearing for the
regular meeting on January 8, 2024 to consider the request of SR Land, LLC for a major amendment to an existing master
development plan for Anderson Farms Subdivision, comprised of +/- 133.5 acres and located directly west of Lindsay Lane
South and directly east of I-65, zoned C-PUD (Conventional Planned Unit Development District). The major amendment is
related to a substantial change in the mixture of land uses.
The motion was seconded by Councilman Harper 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 set a Public Hearing for the
regular meeting on January 8, 2024 to consider the request of Y.M.Y., LLC to rezone +/- 2.4 acres located at 17915 West Elm
Street (Parcel # 44-06-07-36-0-001-002.002) from EST (Estate Residential and Agricultural District) to B-1 (Neighborhood
Business District), within the corporate limits of the City of Athens.
The motion was seconded by Councilman Harper and was unanimously carried.
Councilman Wales introduced the following resolution:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following
applicant for a “Restaurant Retail Liquor” alcohol license:
Business Name: The Southern Table, Inc.
Dba: The Southern Table
Address: 105 N. Jefferson Street
Athens, AL 35611
The motion was seconded by Councilman Harper and was carried with three yeas and one abstention by Councilman Seibert.
Councilman Harper introduced the following resolution:
RESOLUTION NUMBER 2023 - 1927
A RESOLUTION “OPTING OUT” OF CERTAIN CLASS ACTION LITIGATION SETTLEMENTS RELATING
TO 3M AND DUPONT
WHEREAS, there is an existing class action lawsuit against 3M and Dupont, among other defendants, which involve
allegations that various public water systems have suffered harm from the presence of PFAS in drinking water attributable to
those and other defendants;
WHEREAS, this lawsuit is styled: In re: Aqueous Film-Forming Foams Products Liability Litigation, Case No. MDL
No. 2:18-mn-2873, pending in the United States District Court for the District of South Carolina, Charleston Division (the
“Litigation”);
WHEREAS, Athens Utilities, despite not having initiated the lawsuit, is a member of the class of various public water
systems in the Litigation;
WHEREAS, 3M and Dupont have agreed to settlement agreement terms in the Litigation, and those settlements have
been approved by the federal court;
WHEREAS, members of the classes may choose to “opt-out” of participation in these settlements;
WHEREAS, if a class member does not “opt out”, then it would participate in the settlements, but any future potential
claims against 3M and DuPont relating to these issues would be forever barred;
WHEREAS, if a class member “opts out”, then that member would not participate in the settlements, but would
preserve its ability to file claims against 3M and Dupont at a later time, if needed;
WHEREAS, Athens Water Services, having reviewed the settlement terms, believes that it is in the best interest of
the City to “opt out” of the settlements and preserve the City’s ability to seek redress in the event that the City suffers any
harms in the future related to PFAS in drinking water; and
WHEREAS, the City Council has determined to “opt out” of the settlement terms, as recommended by Athens Water
Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS,
ALABAMA, as follows:
Section 1. The Mayor and the City Attorney are authorized, for and on behalf of the City of Athens, to take
such steps as may be necessary in order for the City of Athens (d/b/a Athens Utilities) to “opt out” of the class action settlements
in the Litigation related to DuPont and to 3M, as well as out of any additional settlements in the Litigation where the Mayor
and City Attorney determine the same to be in the City’s best interest. The Mayor and City Attorney are further authorized to
engage the law firm of Beasley, Allen, Crow, Methvin, Portis, and Miles, P.C., who are active in such Litigation for various
public water systems, to represent the City in the Litigation for purposes of “opting-out” of such settlements.
Section 2. The Mayor is authorized to take actions and execute such other and further documents as may be
necessary to effect and carry out the transactions contemplated by this Resolution and/or the agreement referenced herein,
including but not limited to expenditure and use of municipal funds as set forth in the agreement; and approving and executing
further agreement(s) that are consistent with and involved in carrying out the transactions contemplated by this Resolution.
ADOPTED this the 27th day of November, 2023.
/s/ James Lucas
PRESIDENT PRO TEM, CITY COUNCIL,
CITY OF ATHENS, ALABAMA
The motion was seconded by Councilman Wales and was unanimously carried.
Councilman Wales introduced the following resolution:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint John Fowler, Jr. to the
Zoning Board of Adjustments for a three year term, expiring on November 27, 2026.
The motion was seconded by Councilman Seibert and was unanimously carried.
Councilman Seibert introduced the following resolution:
RESOLUTION
WHEREAS, the Alabama Department of Environmental Management is overseeing federal Section 319 NPS Watershed
funds; and
WHEREAS, the City of Athens was awarded funding for Phase 1 of Sunrise Park to incorporate watershed-type activities
such as 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 Mayor William R. Marks to enter into an agreement
with ADEM for 319 NPS Watershed grant funds for Sunrise Park Phase 1 in the amount of $570,841.50 with a City of match
of $385,068, for a total project cost of $955,909.50.
ADOPTED this the 27TH day of November, 2023.
/s/ James Lucas
PRESIDENT PRO TEM, 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, and Harper; NAYS: None. The President thereupon declared that
the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously
carried. Councilmember Wales 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, and Harper; NAYS: None. The President
thereupon announced that the motion for the adoption of the said resolution had been unanimously carried.
Councilman Seibert introduced the following resolution:
RESOLUTION NUMBER 2023 – 1928
A RESOLUTION REGARDING THE PURCHASE OF
REAL PROPERTY ON HOBBS STREET EAST
_______________________________________________
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 certain properties along Hobbs Street
East, as depicted in Attachment A hereto, (the “Property”), from Lawler’s Barbeque, in exchange for a price of $525,000.00;
and
WHEREAS, the City Council intends to utilize the Property for municipal purposes.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at
its regular meeting on November 27, 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 Five Hundred Twenty-Five Thousand
Dollars ($525,000) plus any incidental/closing costs related thereto in connection with the purchase and closing.
2. To that end, the Mayor, on behalf of the City, is authorized to prepare, enter into, and carry out a contract(s)
for the City’s purchase of the Property, 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.
3. The costs/expenses related to this Resolution shall be paid from the following fund of the City of Athens:
City of Athens Contingency Fund.
4. 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 27TH day of November, 2023.
/s/ James Lucas
PRESIDENT PRO TEM, CITY COUNCIL,
CITY OF ATHENS, ALABAMA
ATTACHMENT A
That certain real property adjacent to Hobbs Street E located in Athens, Alabama and being designated as Tax Parcels
1003081001001004, 1003081001001000, and 1003081001001003 by the Limestone County Revenue Commissioner, and as
depicted below:
Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution,
which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was
recorded: YEAS: Councilmembers Seibert, Wales, Lucas, 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 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, and Harper; NAYS: None. The President
thereupon announced that the motion for the adoption of the said resolution had been unanimously carried.
Dean Crafton, 15736 Kings Drive, Athens, addressed the City Council regarding a proposed liquor store on Hwy 72 near
Vestavia Estates. Mr. Crafton stated that a drug bust had recently taken place in the area that he lives and that there is a lot of
fear in their community. He asked, “When will enough liquor be enough.”
Henry Brown, 15182 Elles Drive, Athens, addressed the City Council regarding homeless individuals trespassing on his and
others properties. Mr. Brown remarked that his neighbor’s son had a bicycle stolen and he believes that something should be
done about the current situation in the area.
Jerry Duke, 18005 Brownsferry Road, Athens, addressed the City Council in support of his neighbors in Vestavia Estates and
Farmview Subdivision. Mr. Duke noted that the subdivisions are home to a lot of elderly people and stated that people are
scared of the activity that is going on there and asked for extra police patrols.
Kelly Range, 203 Brookwood Drive, Athens, addressed the City Council regarding hands-free cellphone driving and wants the
Council to give police the authority to pull people over when they see them driving with phones in their hand. Mr. Range
noted that he believes the City and citizens have done a good job keeping crime down.
Tim Crafton, Sloan Road, Athens, addressed the City Council on behalf of a citizen that lives on Hall Street. Mr. Crafton
stated that she has a home in her back door that is selling drugs and appeals to the City Council to enact laws to protect the
citizens against drugs and lawlessness.
Terry Curry, 17523 Hall Street, addressed the City Council regarding the activity in his neighborhood. He stated that drugs are
being dealt out of a house on Kings Drive that is in foreclosure. Mr. Curry expressed that they need help in their community.
Steve Carter, Gas Department Manager, addressed the City Council and announced his retirement for January 1st, 2024. Mr.
Carter thanked the City Council for everything they have done over his career. Mayor Marks wished him well, as did the City
Council.
Becky Sides, 15643 Dara Street, Athens, stated that she doesn’t feel safe with all of the activity that is occurring in her
neighborhood. Ms. Sides asked the City Council for help.
Councilman Seibert asked if anyone had tried to contact the owner of the home where all of the activity is taking place. Ms.
Sides remarked that there is not a phone number listed for them. Councilman Seibert noted that getting the owner of the home
to cooperate is the key to a resolution.
Mike Green, 17501 Hall Street, Athens, thanked the City Council for listening to the community’s complaints and thanked
Steve Carter for his service.
One of the citizens in attendance stated that the man living in the foreclosed home is the former owner. Councilman Seibert
stated that following the law will be the best way to resolve the issue.
Council President Pro Tem thanked everyone for coming forward and noted that the City Council is listening to their concerns.
Fire Chief, James Hand, introduced the new Deputy Fire Chief, Jesse Knox.
* * *
There being no further business to come before the meeting, Council President Pro Tem Lucas asked for a motion to adjourn.
Councilman Wales made the motion and Councilman Seibert seconded. The meeting was duly and properly adjourned.
/s/ James Lucas
PRESIDENT PRO TEM, CITY COUNCIL
ATTEST:
/s/ Annette Barnes
CITY CLERK
Agenda
NOVEMBER 27 , 2023
ATHENS CITY HALL
200 HOBBS STREET WEST
ATHENS, AL 35611
4:00 P.M. WORK SESSION
4:30 P.M. REGULAR MEETING
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION – Councilman Seibert
4. PLEDGE OF ALLEGIANCE – Mayor Marks
5. APPROVAL OF CITY COUNCIL MINUTES: 11-13-2023
6. APPROVAL OF WORK SESSION MINUTES: 11-13-2023
7. APPROVAL OF SPECIAL CITY COUNCIL MINUTES:
8. REPORTS OF STANDING COMMITTEES:
9. REPORTS OF SPECIAL COMMITTEES:
10. REPORT OF OFFICERS:
A. MAYOR
B. CITY ATTORNEY
C. COUNCIL MEMBERS:
(1) MR. SEIBERT
(2) MR. WALES
(3) MR. LUCAS
(4) MRS. HENRY
(5) MR. HARPER
11. PUBLIC HEARINGS
PH.1. – Public hearing relating to a proposed ordinance amending the
Athens Zoning Ordinance – Erin Tidwell, City Planner
11A. – Ordinance amending the Athens Zoning Ordinance – Erin
Tidwell, City Planner
PH.2. – Public hearing relating to a proposed ordinance to rezone +/-
8.00 acres (City of Athens) located on the east side of
Jefferson Street South, approximately 900 feet south of
Commercial Drive (Parcel# 44-10-04-17-1-000-016.000), from
R-1-4 (Single Family Duplex Attached Residential District) to
B-2 (General Business District), within the corporate limits of
the City of Athens – Erin Tidwell, City Planner
11B. – Ordinance to rezone +/-8.00 acres (City of Athens) located on
the east side of Jefferson Street South, approximately 900 feet
south of Commercial Drive (Parcel# 44-10-04-17-1-000-
016.000), from R-1-4 (Single Family Duplex Attached
Residential District) to B-2 (General Business District), within
the corporate limits of the City of Athens – Erin Tidwell, City
Planner
12. PUBLIC REMARKS REGARDING AGENDA ITEMS
13. RESOLUTIONS, ORDINANCES, ORDERS AND OTHER
BUSINESS .
CONSENT CALENDAR
A. Resolution to approve a “Restaurant Retail Liquor” alcohol license to
The Southern Table, Inc., Dba: The Southern Table, 105 N. Jefferson
St, Athens, AL (New Business) – Lisa Brooks, Revenue Officer
B. Resolution to reappoint Bobby Norman to the Athens Housing
Authority Board for a five year term, expiring on December 1, 2028 –
Councilman Lucas, President Pro Tem
C. Resolution to approve travel/education expenses for personnel of the
Water Services Department – Jimmy Junkin, Director Water Services
D. Resolution to approve travel/education expenses for the Mayor’s Office
– Councilman Lucas, President Pro Tem
E. Resolution to authorize the purchase of a Dodge Ram 2500 service
truck for the Wastewater Collection Division – Jimmy Junkin, Director
Water Services
F. Resolution to set a public hearing for the regular meeting of January
8, 2024 to consider the request of the Planning and Zoning
Department for various proposed amendments to the Zoning
Ordinance of the City of Athens as recommended by the Planning
Commission – Erin Tidwell, City Planner
G. Resolution to set a public hearing for the regular meeting of January
8, 2024 to consider the request of Magnus Capital Partners, LLC to
rezone +/-12.5 acres of property located approximately 400’ south of
Commercial Drive and directly west of Jefferson Street South (Parcel#
44-10-04-17-2-000-065.000) from B-2 (General Business District) to
R-2 (Multiple Family Residential District) within the corporate limits
of the City of Athens, and the request to approve the associated
Master Development Plan – Erin Tidwell, City Planner
H. Resolution to set a public hearing for the regular meeting of January
8, 2024 to consider the request of SR Land, LLC for a major
amendment to an existing master development plan for Anderson
Farms Subdivision, comprised of +/-133.5 acres and located directly
west of Lindsay Lane South and directly east of I-65, zoned C-PUD
(Conventional Planned Unit Development District) – Erin Tidwell, City
Planner
I. Resolution to set a public hearing for the regular meeting of January
8, 2024 to consider the request of Y.M.Y., LLC to rezone +/-2.4 acres
located at 17915 West Elm Street (Parcel# 44-06-07-36-0-001-
002.002) from EST (Estate Residential and Agricultural District) to B-
1 (Neighborhood Business District), within the corporate limits of the
City of Athens – Erin Tidwell, City Planner
REGULAR MEETING
J. Resolution “Opting Out” of certain class action litigation settlements
relating to 3M and DuPont – Shane Black, City Attorney and Jimmy
Junkin, Director Water Services
K. Resolution making an appointment to the Zoning Board of
Adjustments – Councilman Lucas, President Pro Tem
14. READING OF PETITIONS, APPLICATIONS, COMPLAINTS,
APPEALS, ETC.
15. ADJOURNMENT
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