City Council

January 22, 2024 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 January 22, 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, City Clerk, was present and recorded the minutes of the meeting. Councilman Harper 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 January 8, 2024 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. The Chairperson stated that the Minutes of the January 8, 2024 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously approved. Mayor Marks praised all of the City of Athens employees that worked during the recent snow and ice event. The Mayor noted that the Dr. Martin Luther King, Jr. event was postponed to Sunday, January 21st, 2023 and that it was a great turnout. The City Council echoed Mayor Marks’ comments regarding City of Athens employees working during the latest weather event and thanked them for their hard work. Council President Henry stated that the employees went way above and beyond and also thanked them. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following City Council member: Dana Henry Alabama League of Municipalities $489.94 Board Meetings/Mileage October 19, 2023 & January 11, 2024 The motion was seconded by Councilman Lucas 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 purchase of 39 computers, 40 monitors and related equipment for the City’s general fund departments. This equipment will be purchased from TSA in an amount not to exceed $40,000 through a NACPA contract, and shall be funded from the existing information technology capital account. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2024 - 1934 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA AS FOLLOWS: 1. THAT THE CITY AUTHORIZES ENGINEERING DESIGN TECHNOLOGIES, INC., TO APPLY FOR RAISE GRANT FUNDS FROM THE US DEPARTMENT OF TRANSPORTATION; AND 2. THIS FUNDING, IF AWARDED, WILL BE USED TO ALLOW ENGINEERING DESIGN TECHNOLOGIES, INC. TO PERFORM THE GRANT MANAGEMENT, ENGINEERING DESIGN AND PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE 2024 RAISE GRANT. THE 2024 FHWA RAISE GRANT FUNDS WOULD BE USED TO DESIGN AND CONSTRUCT A MIXED USE PATH THAT WILL CONNECT THE RICHARD MARTIN RAILS TO TRAILS WALKING TRAIL TO THE SWAN CREEK GREENWAY; AND 3. THE CITY COUNCIL AUTHORIZES THE MAYOR TO ACT ON BEHALF OF THE CITY WITH THE ACCEPTANCE AND SUBMISSION OF THE GRANT APPLICATION VIA GRANTS.GOV WEBSITE. BE IT RESOLVED, THAT UPON THE COMPLETION OF THE EXECUTION OF THE AGREEMENT BY ALL PARTIES, THAT A COPY OF THE AGREEMENT BE KEPT ON FILE BY THE CITY CLERK. ADOPTED AND APPROVED by the City Council of Athens, Alabama on this, the 22nd day of January 2024. /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 Lucas and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to amend the City of Athen’s Personnel Policy and Procedures for a policy revision effective January 23, 2024. 4.9 Overtime Pay and Compensatory Pay Policy The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2024 - 2305 ORDINANCE ABANDONING/VACATING A PORTION OF A UTILITY AND DRAINAGE EASEMENT ON REAL PROPERTY OWNED BY BROTHERS HOSPITALITY CORP. _____________________________________________________________________ WHEREAS, BROTHERS HOSPITALITY CORP. is the current owner of property located at the corner of Audubon Lane and Cool Springs Drive in Athens, as reflected by the Warranty Deed recorded at RLPY BK 2021, PG 96575 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows: Tract C, as shown and described in that certain Certificate to Consolidate for John W. Johnson, Febbie Shaw and Johnson and Shaw, LLC, recorded at RLPY BK 2020, PG 106373 in the Office of the Judge of Probate of Limestone County, Alabama (the “Johnson Property”); WHEREAS, there is a certain portion of a utility and drainage easement that was previously granted to the City of Athens, Alabama on the Johnson Property, as shown on the Final Plat of Swan Creek – Phase 1, Athens, AL, recorded at Plat Book G, Page 48, in the Office of the Judge of Probate of Limestone County, Alabama, and the Final Plat – Swan Creek Athens, Alabama, recorded at Plat Book F, Page 202 in the Office of the Judge of Probate of Limestone County, Alabama, and such portion of the utility and drainage easement is 5 feet wide and it lies on the boundary line between Lot 2, Block 2, as shown in Plat Book G, Page 48, and Lot 1, Block 2, as shown in Plat Book F, Page 202 (such lots having since been consolidated by the certificate referenced above) (the “Easement”); WHEREAS, since those lots have been consolidated, the City Council desires to abandon and vacate the Easement (which lies along the former boundary line of those lots); WHEREAS, the Council has examined the same and finds that such easement is no longer needed for public or municipal purposes; and WHEREAS, the Council further finds that such portion of such easement that is to be vacated is of no value or de minimis value, but that any administrative and legal costs of the City related to this Ordinance should be paid by the underlying property owners in connection with this action. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on January 22, 2024, at 4:30 p.m., as follows: 1. The City expresses its intention to abandon/vacate the Easement, and that easement is hereby vacated and abandoned. 2. The Mayor is authorized to execute any such documents as may be needed to evidence such vacation/abandonment. A copy of this Ordinance may be recorded in the records of the Office of the Judge of Probate of Limestone County, Alabama. In doing so, the probate office may cross-reference: (a) the Certificate to Consolidate for John W. Johnson, Febbie Shaw and Johnson and Shaw, LLC, recorded at RLPY BK 2020, PG 106373 in the Office of the Judge of Probate of Limestone County, Alabama; (b) the Final Plat of Swan Creek – Phase 1, Athens, AL, recorded at Plat Book G, Page 48, in the Office of the Judge of Probate of Limestone County, Alabama, and (c) the Final Plat – Swan Creek Athens, Alabama, recorded at Plat Book F, Page 202 in the Office of the Judge of Probate of Limestone County, Alabama.  3. No other easements are vacated/abandoned, other than as described above. No other easement(s) (or portions thereof) on the Johnson Property are vacated/abandoned by this Ordinance, whether or not such other easement(s) extend over, across, under or through the same real property as the portion of the easements abandoned/vacated hereby and described herein. This Ordinance does not vacate any easement that is shown on the Certificate to Consolidate for John W. Johnson, Febbie Shaw and Johnson and Shaw, LLC, recorded at RLPY BK 2020, PG 106373 in the Office of the Judge of Probate of Limestone County, Alabama. Finally, this Ordinance does not relate to or abandon/vacate any easement (or portion thereof) that lies on, over, under, or across any real property other than the Johnsons Property. 4. This Ordinance shall go into effect and shall be published upon the underlying owners’ (or their agents’ or representatives’) payment of any and all administrative and legal costs associated with this Ordinance. ADOPTED this the 22nd day of January, 2024. /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 Lucas moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. The following resolution was made for “Introduction Only” by Councilman Wales at the January 8th, 2024 City Council meeting: RESOLUTION NUMBER 2024 – 1935 A RESOLUTION TO AMEND AN EXISTING MASTER DEVELOPMENT PLAN IN RELATION TO A SUBSTANTIAL CHANGE IN THE MIXTURE OF LAND USES FOR ANDERSON FARMS SUBDIVISION, COMPRISED OF +/- 133.5 ACRES AND LOCATED DIRECTLY WEST OF LINDSAY LANE SOUTH AND DIRECTLY EAST OF I-65 (PARCEL #: 44-10-08-34-0-000-001.000), ZONED C-PUD (CONVENTIONAL PLANNED UNIT DEVELOPMENT DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. WHEREAS, the Athens City Council must approve master development plans in a C-PUD zoning district; WHEREAS, the Athens City Council approved the rezoning from an EST, Estate Agricultural and Residential District to a C- PUD Zoning District and the adoption of a Master Development Plan for the Lindsay Lane Subdivision, now known as the Anderson Farms Subdivision on April 26, 2021; WHEREAS, SR Land, LLC (the “Applicant”) has proposed Major Amendments to a Master Development plan for Anderson Farm subdivision in a C-PUD district; WHEREAS, the Athens Planning Commission reviewed the proposed plan and is electing to forward the request, with no recommendation, to the Athens City Council; WHEREAS, the original adopted master development plan called for a variety of land uses including single family housing, single-family attached housing, and commercial property; WHEREAS, the applicant voiced points for amending the adopted Master Development Plan to contain only a mixture of Single-Family Low Density, Single-Family Medium Density, and Commercial lots; WHEREAS, the City Council called for a public hearing so that the general public could be heard concerning the matter; and WHEREAS, the City Council, having fully considered the proposed “Major Amendments” to the previously adopted “Anderson Farm Subdivision Master Development Plan” has determined to adopt the Applicant’s Master Development Plan as amended. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, on January 22, 2024, that the Major Amendments to the Applicant’s Master Development Plan are hereby approved in a revised form so that it confirms in each and every respect with the Anderson Farm Master Plan dated today, January 8, 2023, and attached to this Resolution as Attachment A. ADOPTED and APPROVED this, the 22nd day of January, 2024. /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 ATTACHMENT A Pastor Eugene English addressed the City Council regarding the Strain Road community. He stated that he took videos of the area and that he witnessed several issues regarding drainage and sewage. Pastor English asked the City Council to place the issue on the agenda. James Jamar, St. John Missionary Baptist Church, addressed the City Council regarding the Strain Road and Luke Street community. Mr. Jamar remarked that the community needs sewage lines and for the drainage to be addressed. Wilbert Woodroof, 200 Christine Street, Athens, addressed the City Council and asked if it was within the power of the Council to address the problems being presented to them or if there were any current plans to address the problems. Mr. Woodroof also asked if the community could be given an update on any plans that are being made to remedy the situation. He implored the City Council to have compassion and address the needs of the community. Council President Henry stated that it is within the scope of the City Council to not only address the solution but to find a solution and when that is done, the Council will go forward with a plan. Willie Hardy, 819 Strain Road, Athens, thanked the City Council for the lights that have been installed on Strain Road. Mr. Hardy stated that he has a drainage problem in front of his home and that there is also a drainage problem on Luke Street. Bobby Sledge, 2083 Lindsay Lane South, Athens, addressed the City Council regarding the sewer and drainage issues on Strain Road. Mr. Sledge remarked that the drainage is very bad and that his sister had to move from her new home because of the black mold. He asked the Council to go out and see the area and speak to the homeowners. Councilman Lucas remarked that surveys have been started and that the process has begun to find a resolution for several issues. Mr. Lucas stated that he is always willing to meet with anyone and that he is there to represent the people of his district. Ollie Turner, representative of the NAACP, addressed the City Council regarding the study performed regarding a possible overpass to reconnect East and West Strain Roads. Mr. Turner asked if the survey was regarding the drainage and sewer or a road. Mr. Turner then asked if Strain Road and Luke Street was on the agenda of the City Council, if it had been discussed to be placed on the agenda and if not, why? Councilman Wales spoke on his behalf and remarked that he is waiting until the survey is completed, presented to the City Council and for someone to recommend that the issue to be placed on the agenda. Council President Henry stated that when something actionable is presented to the Council, the issue will be placed on the agenda. Mr. Turner asked the City Council to move on the issue and add something to the agenda this month. Diane Steele, representative of Limestone County NAACP, addressed the City Council regarding the community of Strain Road and Luke Street. Ms. Steele stated that no one can tell the Limestone County NAACP who they can speak for and noted that they have given the City Council every opportunity to address the urgent needs of the community. Ms. Steele remarked that the Council has denied this community with basic need services. She also commented that Mayor Marks has distorted the needs of the community in the media about what can be done and the resources available. Ms. Steele referred to Title 6 of the Civil Rights Act of 1964 and stated that their hope is that the City Council will be held responsible for their disregard of the needs of the community. * * * 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 Wales seconded the motion. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK