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City Council

Regular Meeting

Athens, AL · December 18, 2023

AgendaMinutes

Minutes

December 18, 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 December 18, 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, Dana Henry, James E. Lucas, and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Councilman Lucas 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 December 11, 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 Lucas and was unanimously carried. The Chairperson stated that the Minutes of the December 11, 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 Lucas and was unanimously approved. Mayor Marks thanked everyone for a great year and wished everyone a Merry Christmas. The Mayor noted that Shop with a Cop was held on December 14th, 2023 and Shop with a Firefighter was held on December 12th, 2023. He also noted that in memory of Levi Hays, socks were donated for the Police Department to give away with acts of kindness attached. The Mayor announced that the gingerbread contest was a hit and also, Lincoln Bridgeforth will hold its annual bicycle giveaway at Lincoln Pincham Center on December 19th, 2023. Mayor Marks asked everyone to stay safe during the holidays. Shane Black, City Attorney, and all of the City Council wished everyone a Merry Christmas and safe, Happy New Year. PUBLIC HEARING DETERMINING THAT A DOWNED TIMBER AND DEBRIS PILE ALONG LUKE STREET IS A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Inspector, reported that the debris pile has been cleaned up and is no longer an issue. He recommended no further action at this time. The public hearing was closed. 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 Planning department: Jackson Miller 2023 GIS of Alabama Conference Gulf Shores, AL November 13-17, 2023 $ 493.87 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “SPECIAL EVENTS Retail On Premises Consumption” alcohol license: Athens Limestone Hospital Foundation, Inc. Event: Starlight Ball Special Event Location: 114 Pryor Street Athens, AL 35611 Event Date: December 31, 2023 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 18, 2023, that the Council authorizes the budgeted operating funds of $27,660.00 from the Water Services fiscal year 2024 budget for Krebs Engineering, Inc. to perform consulting services including inspection of all water tanks along with maintenance issues reporting and the oversight of contracting maintenance to those tanks, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a Milwaukee MX FUEL Cordless Handheld Core Drill Kit for the ESCD Department at a cost not to exceed $4,000 and shall be funded from the existing ESCD capital account. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2023 - 1930 A RESOLUTION AUTHORIZING A REVOCABLE LICENSE TO ERECT A SHOPPING CENTER SIGN ON THE MEDIAN OF KELLI DRIVE WHEREAS, this Resolution relates to a narrow strip in the middle of Kelli Drive, a public right of way, running northerly and southerly, and more particularly described as follows: A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 15 TOWNSHIP 3 SOUTH RANGE 4 WEST IN LIMESTONE COUNTY, ALABAMA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 5/8 INCH IRON PIN ON THE NORTHEAST CORNER OF LOT 1 OF INTERSTATE 65 COMMERCIAL PARK SUBDIVISION, RECORDED IN PLAT BOOK F PAGE 56, IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA, SAID IRON PIN ALSO BEING ON THE SOUTHWEST CORNER OF LOT 1 OF KELLI DRIVE COMMERCIAL SUBDIVISION, RECORDED IN PLAT BOOK K PAGE 390, IN SAID PROBATE OFFICE, AND ALSO BEING ON THE WESTERN RIGHT OF WAY OF KELLI DRIVE; THENCE CROSSING SAID RIGHT OF WAY RUN SOUTH 89°14'33" EAST AT A DISTANCE OF 72.01 FEET TO A FOUND 1/2 INCH CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS" ON THE EASTERN RIGHT OF WAY OF KELLI DRIVE; THENCE ALONG SAID RIGHT OF WAY RUN SOUTH 00°57'50" WEST AT A DISTANCE OF 114.60 FEET TO A FOUND 1/2 INCH CAPPED IRON PIN STAMPED "MORELL ENG CA-742-LS"; THENCE ALONG SAID RIGHT OF WAY RUN SOUTH 00°54'53" WEST AT A DISTANCE OF 225.24 FEET TO A POINT ON THE NORTHERN RIGHT OF WAY OF U.S. HIGHWAY 72; THENCE RUN NORTH 77°26'59" WEST AT A DISTANCE OF 29.72 FEET TO A POINT IN KELLI DRIVE; THENCE RUN NORTH 01°04'20" EAST AT A DISTANCE OF 13.67 FEET TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 7.85 FEET, WITH A RADIUS OF 2.50 FEET, WITH A CHORD BEARING OF NORTH 88°55'40" WEST, AND A CHORD LENGTH OF 5.00 FEET TO A POINT; THENCE RUN NORTH 01°04'20" EAST AT A DISTANCE OF 100.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 7.85 FEET, WITH A RADIUS OF 2.50 FEET, WITH A CHORD BEARING OF SOUTH 88°55'40" EAST, AND A CHORD LENGTH OF 5.00 FEET TO A POINT; THENCE RUN SOUTH 01°04'20" WEST AT A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 0.012 ACRES, MORE OR LESS. AND ALSO SUBJECT TO ALL RIGHTS-OF WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS THAT MAY OR MAY NOT BE OF RECORD. (the “Strip”); WHEREAS, for the aid of the reader, a general depiction of the Strip is shown on Attachment A hereto, in the area labeled as “Subject Kelli Drive ROW Area”; WHEREAS, Noon Athens Marketplace, LLC (“Noon”), the owner of real property located immediately to the north of the Strip, is in the process of developing and constructing a retail shopping center to include stores such as TJ Maxx, Ulta Beauty, and others; WHEREAS, the City’s Engineering and Community Development Department has concluded that in light of the expected traffic related to such development, it would serve the public interest of traffic safety for a raised median to be installed in the Strip, dividing the northbound and southbound lanes, and the construction of such a median has been made a condition of Noon’s site development; WHEREAS, Noon has agreed to install the raised median area at its expense, and has requested that it be permitted to place a shopping center sign on the Strip; WHEREAS, such a request would not normally be granted, but may be seriously considered where there is a significant public interest that is served thereby; WHEREAS, City has determined that allowing the placement of a shopping center sign on the Strip would serve a public purpose, namely, the public’s interest in the efficient flow of traffic, because if the sign is located on Noon’s property (which is significantly recessed from the intersection with Highway 72), then there is a reasonable danger of confusion by the traveling public as to how to access the new shopping center (resulting in missed turns and potential congestion as visitors attempt to correct their routes), but the placement of a sign in the Strip would likely eliminate that confusion related to the location of the entrance to the new shopping center, and reduce the resulting traffic issues; WHEREAS, in addition to the above, the placement of the sign in the Strip would assist traffic flow by signaling a need for a change in speed and maneuvering as vehicles entered a shopping center area; and WHEREAS, in light of the public benefit resulting from the shopping center’s placement on the Strip, in this unique situation, the City Council is willing to permit and license Noon to construct a sign on the Strip. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on Monday, December 18, 2023, at 4:30 p.m. as follows: 1. The Mayor, for and on behalf of the City, is authorized to enter into a License Agreement with Noon, permitting Noon to license the Strip from the City for the purpose of constructing and maintaining a shopping center sign. The agreement shall include the following terms: (a) the licensee shall pay the City a reasonable licensing fee in advance; (b) the license is subject to being suspended or revoked by the Mayor at any time; (c) the licensee shall carry appropriate commercial liability insurance, listing the City and its officers, agents, and employees as additional named insureds; (d) the sign shall count as a detached business center sign on the Noon property, for purposes of the City’s sign regulations; (e) the license is expressly made subject to the City’s ability to utilize the Strip for utility, drainage, and any other public purposes of the City; and (f) the licensee shall agree to indemnify and defend the City and its officers, agents, and employees from and against any claim against them arising from or relating to the shopping center sign. 2. Other than as set forth above, the transfer shall be upon such terms and conditions as the Mayor finds to be reasonable and appropriate, that are not inconsistent with the terms set forth in this Resolution. 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. ADOPTED this the 18th day of December, 2023. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Harper introduced the following resolution: Resolution to Approve FY 2023 Budget Amendments BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2023 budget amendment:  Capital Expenditure Fund – Departmental Capital Requests TBD $ 2,500,000 The funding for these expenditures will be from the FY 2023 general fund budget surplus through a 9/30/2023 budget amendment to the following line item: 100.527.90112 – Transfers Out – Capital Expenditure Fund $ 2,500,000 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NO. 2023- ____________ A RESOLUTION CONCERNING 2023-24 MUNICIPAL APPROPRIATIONS FOR VARIOUS GOVERNMENTAL AGENCIES AND PURPOSES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds for governmental purposes and governmental entities who serve various public purposes benefitting the citizens of Athens; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 18, 2023 at 4:30 p.m., as follows: 1. The Mayor or City Clerk is directed to appropriate $ 135,000 to the Athens Limestone Public Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to appropriate $ 25,000 to the Houston Memorial Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. The Mayor or City Clerk is further authorized to expend up to $ 10,000 in connection with the maintenance of the public library and museum. 3. The Mayor or City Clerk is directed to appropriate $ 20,000 to the Healthcare Authority of Athens & Limestone County, to assist in funding its operation of a transportation program available to city residents in need of kidney dialysis treatment. The Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED this the _____ day of ___________, 2023. ___________________________________________ DANA HENRY, CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ____ day of _______, 2023. Witness my hand and seal of office this ___ day of __________________, 2023. ___________________________________ Annette Barnes, City Clerk Councilmember Harper 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, Lucas, Harper and Henry; NAYS: Councilman Wales. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had failed to be unanimously carried, and therefore, the motion for final adoption of said ordinance would have to be carried over to the next meeting. The President thereupon announced that the motion for the adoption of the said ordinance had failed. Councilman Wales stated that he needs more time regarding the appropriations to make sure that he has all of the facts that he needs to vote. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2023 - A RESOLUTION CONCERNING 2023-24 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to promote the economic and industrial development of the municipality; to develop, advertise, and promote the resources of the municipality; and to advertise the municipality and any function or undertaking of the municipality, pursuant to § 11-47-9 and § 11-47-11 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to maintain the health and cleanliness and the City; and improve its public parks, grounds, and boulevards, pursuant to § 11-47-130 and § 11-47-19 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to safeguard the public health and promote sanitation within the corporate limits of the municipality; to make appropriations for public health work; and to make appropriations to aid hospitals, rehabilitation centers, and other related health care institutions in maintaining and taking care of the sick and wounded, pursuant to § 22-3-11 and § 22-21-2 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 18, 2023 at 4:30 p.m., as follows: 1. The Mayor or City Clerk is directed to enter into a contract with Limestone Veterinary Clinic, an independent contractor, acting as the coordinator of the “SNYP” program, in such form and manner that is acceptable to the same, and, further, that the City will pay up to $ 12,000 in furtherance of the “SNYP” program, a program for the sterilization of the cats and dogs within Limestone County, Alabama. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to enter into a contract with the Boys & Girls Clubs of North Alabama, in such form and manner that is acceptable to the same, whereby the City will pay $25,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs made available and open to the youth of the City. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 3. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Tourism Association, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $ 80,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Beautification Board, in such form and manner that is acceptable to the same, whereby the City will pay $ 6,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 5. The Mayor or City Clerk is directed to enter into a contract with Keep Athens Limestone Beautiful (KALB), in such form and manner that is acceptable to the same, whereby the City will pay $27,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 6. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone County Family Resource Center, in such form and manner that is acceptable to the same, whereby the City will pay $ 20,000 as an appropriation that is intended to assist in funding its operation of educational activities, recreational activities, social services and programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 7. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Learn-To-Read, in such form and manner that is acceptable to the same, whereby the City will pay $10,000 as an appropriation that is intended to assist in funding its operation of educational activities programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 8. The Mayor or City Clerk is directed to enter into a contract with the Athens Main Street, in such form and manner that is acceptable to the same, whereby the City will pay $ 50,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 9. The Mayor or City Clerk is directed to enter into a contract with the Mental Health Center of North Central Alabama, Inc. in such form and manner that is acceptable to the same, whereby the City will pay $ 19,000 as an appropriation in exchange for public health work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 10. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Children’s Advocacy Center in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for social services work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 11. The Mayor or City Clerk is directed to enter into a contract with the Alabama Veteran’s Museum, in such form and manner that is acceptable to the same, whereby the City will pay $ 20,000 as an appropriation in exchange for activities concerning the operation and maintenance of the Alabama Veteran’s Museum, to the end of making it available and open to the public. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 12. The Mayor or City Clerk is directed to enter into a contract with The ARC of Alabama, Inc. (Athens/Limestone ARC), in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs for persons in the City with cognitive, intellectual, and developmental disabilities. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 13. The Mayor or City Clerk is directed to enter into a contract with The Athens-Limestone Community Association, in such form and manner that is acceptable to the same, whereby the City will pay $25,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, educational, social and cultural facilities, services and programs for the Citizens of Athens. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 14. The Mayor or City Clerk is authorized to expend up to $ 6,000 in connection with operating costs of the Retired and Senior Volunteer Program (R.S.V.P.) transportation services program for the elderly of the City. ADOPTED this the 18th day of December, 2023. __________________________________________ DANA HENRY, CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 18th day of December, 2023. Witness my hand and seal of office this ___ day of __________________, 2023. ____________________________________ Annette Barnes, City Clerk 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, Lucas and Henry; NAYS: Councilman Wale and Councilman Harper. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had failed to be unanimously carried, and therefore, the motion for final adoption of said ordinance would have to be carried over to the next meeting. The President thereupon announced that the motion for the adoption of the said ordinance had failed. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the street department to contract with Shelton’s Railroad Construction to make repairs to rail spurs in the Elm-Wilkinson Street Industrial Park. The estimated cost of these repairs is not to exceed $49,500 and is to be funded through a FY 2024 general fund budget amendment to the Street Department Special Projects line item. 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 Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the sole bid of $60,738.50 from Donohoo Chevrolet, Ft. Payne, Alabama, for a Heavy-Duty Crew Cab Picup Truck be rejected and that the negotiated price of $60,579.50 from Donohoo Chevrolet, Ft. Payne, Alabama be approved. 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 authorize the Mayor to enter into an agreement with Morell Engineering for a Phase 1 environmental study and the boundary survey of 300 Hobbs Street, East, Athens, AL, in an amount of $7000.00. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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 Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 18, 2023, that the Council authorize Change Order 1, an additive change order in the amount of $233,409.76 for the Lakewood Regional Sewer Lift Station construction contract with Russo Construction, Inc., and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute this change order. Councilmember Seibert 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, 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 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. Michael Love, 23161 St. John Road, Athens, addressed the City Council with his concerns about the new roundabout on Forrest Street. Michael Griffin, City Engineer, provided an update on the work being performed at the new roundabout and stated that the City needs to have a procedure in place to ensure that contractors will address problems with projects in a timely manner. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Seibert made the motion to adjourn and Councilman Harper seconded the motion. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK

Agenda

DECEMBER 18 , 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 Lucas 4. PLEDGE OF ALLEGIANCE – Mayor Marks 5. APPROVAL OF CITY COUNCIL MINUTES: 12-11-2023 6. APPROVAL OF WORK SESSION MINUTES: 12-11-2023 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 determining that a downed timber and debris pile along Luke Street is a public nuisance, and ordering abatement of same – Erik Waddell, Chief Building Inspector 11A. – Resolution determining that a downed timber and debris pile along Luke Street is a public nuisance, and ordering abatement of same – Erik Waddell, Chief Building Inspector 12. PUBLIC REMARKS REGARDING AGENDA ITEMS 13. RESOLUTIONS, ORDINANCES, ORDERS AND OTHER BUSINESS . CONSENT CALENDAR A. Resolution to approve travel/education expenses for personnel of the Planning Department – Erin Tidwell, City Planner B. Resolution to approve a “SPECIAL EVENTS Retail On Premises Consumption” alcohol license for Athens Limestone Hospital Foundation, Inc., Event: Starlight Ball, Special Event Location: 114 Pryor Street, Athens, AL, 35611, Event Date: December 31, 2023 – Lisa Brooks, Revenue Officer C. Resolution to approve a task order with Krebs Engineering, Inc. to perform annual water tank inspections, as well as to assist with procurement processes to secure maintenance contracts for any maintenance needed as detected from those inspections – Jimmy Junkin, Water Services Director REGULAR MEETING D. Resolution authorizing a revocable license to erect a shopping center sign on the median of Kelli Drive – Shane Black, City Attorney E. Resolution to approve a FY 2023 budget amendment – Mayor Marks and Annette Barnes, City Clerk F. Resolution concerning 2023-24 municipal appropriations for various governmental agencies and purposes – Council President Henry and Annette Barnes, City Clerk G. Resolution concerning 2023-24 municipal appropriations/contracts and third party non-governmental entities – Council President Henry and Annette Barnes, City Clerk H. Resolution to authorize the Street Department to contract with Shelton’s Railroad Construction to make repairs to rail spurs in the Elm-Wilkinson Street Industrial Park – Dolph Bradford, Street Department Manager I. Resolution to reject the sole bid from Donohoo Chevrolet, Ft. Payne, Alabama, and approve the negotiated price for a heavy-duty crew cab pickup truck for the Electric Department – Blair Davis, Electric Department Manager 14. READING OF PETITIONS, APPLICATIONS, COMPLAINTS, APPEALS, ETC. 15. ADJOURNMENT

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