City Council

May 13, 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 May 13, 2024 at 4:30 p.m. The meeting was called to order by Councilwoman 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. Kim Glaze, Executive Secretary, 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 April 22, 2024 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 April 22, 2024 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 recognized members of the Youth Commission being present in the audience and noted that nineteen of the students are seniors. The Mayor announced that Relay for Life took place on Friday, May 10th, and that it was a great turnout. He also announced that the Law Enforcement Memorial would take place on Tuesday, May 14th, at the City of Athens Police Department at 4:30pm and that the Chick-Fil-A 5k to benefit Make A Way Foundation took place on Saturday, May 11th, in downtown Athens. Councilman Lucas remarked that he had reported a limb being down on Vine Street earlier in the day and praised City workers for acting so quickly to resolve the issue. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE CONCERNING THE RE-DISTRICTING OF CITY COUNCIL DISTRICTS DUE TO CHANGES IN POPULATION City Attorney Shane Black gave an overview regarding the City Council redistricting process and reviewed the existing district maps as well as the proposed new district maps drawn in response to the results of the 2020 census. Mr. Black noted that the Council did not have to act upon the ordinance at tonight’s meeting. Erin Tidwell, City Planner, stated that her department worked with Alabama State University and praised them for their involvement with the re-districting process. Scott Marshall, 212 East Street, Athens, addressed the City Council and noted that the proposed map has the Beaty District split and suggested continuity within the subdivision. Wilbert Woodroof, 200 Christine Street, Athens, addressed the City Council and stated that the proposed map shows approximately 300 residents drawn out of District 3. He would like for the Council to reconsider redrawing the map to have a minority strong district. Council President Henry stated that the ordinance would not be voted on at tonight’s meeting because of concerns with the proposed ordinance. City Attorney Shane Black remarked that if the size of District 3 is increased, the percentage of minority voters would decrease. Mae Davis, 1201 Plainview Circle, Athens, addressed the City Council with her concern for the size of District 4 being so small. Council President Henry stated that her district is smaller geographically but the number of citizens living within the district makes it comparable with the others. She explained that the other districts have a lot of undeveloped land and that District 4 is fairly compacted. Diane Steele, representative of the Limestone County NAACP, addressed the City Council and thanked them for tabling the ordinance and echoed Wilbert Woodroof’s comments regarding concerns in District 3. Councilman Wales asked City Attorney Shane Black if the number of registered voters was a factor in preparing the proposed ordinance for re-districting. Mr. Black noted that it is based on the 2020 census. Michael Griffin, 17664 Eastmoor Street, Athens, addressed the City Council regarding the Hispanic population. He noted that the numbers are based on the 2020 census and that people who have moved in since then are not accounted for in the proposed maps. The public hearing was closed. An Ordinance Concerning the Re-Districting of City Council Districts Due to Changes in Population had previously been introduced by Councilman Wales at the April 22, 2024 Council meeting, for consideration at the Council’s May 13, 2024 meeting. President Henry stated (in the absence of any objection) that no action would be taken on the ordinance, and that it would instead be tabled and lie over until the next council meeting. (See the council minutes of the April 22 council meeting for a copy of the proposed ordinance.) President Wales noted that it could be subject to amendments at that time. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION DETERMINING THAT A BRUSH, CONSTRUCTION AND CONCRETE DEBRIS PILE ALONG HINE STREET IS A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Inspector, addressed the City Council and recommended condemnation of the property based on the recommendation of the City Engineer that it is causing water issues on the adjoining properties. Michael Griffin, City Engineer, addressed the City Council and stated that a letter has been mailed to the owner of the property. Mr. Griffin noted that he met on site with the owner and provided a solution to the problem. He remarked that the owner has not taken any action and therefore, condemnation is recommended. Tito Redus, 842 B Westview Avenue, Athens and owner of the property, addressed the City Council noting that the water problem was there before any of the debris was placed on his property. Mr. Redus stated that there are debris piles all over Athens and that those should be addressed as well. He remarked that the water problem has been there since before he was born and that the water will remain even if the debris is removed. The public hearing was closed. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1954 A RESOLUTION DETERMINING THAT A BRUSH, CONSTRUCTION AND CONCRETE DEBRIS PILE ALONG HINES STREET IS A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is issued pursuant to § 11-47-117 of the Code of Alabama, in addition to other legal authority; WHEREAS, the Chief Building Inspector has presented information to the City Council about a pile of brush, construction, and concrete debris situated on the property described below: Address: 310 Hines Street, Athens, AL  PARCEL # 10-03-07-1-002-035.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: COM INT N R/W MILLER ST & W R/W HINES ST TH N 163 ALG SDW R/W TO POB CONT N 115 ALG SDR/W W 135 SELY 30 SLY 83 E 135 TO POB IN SEC 7 3 4N (herein referred to as the “Property); WHEREAS, the Chief Building Inspector has determined that the pile is unsafe and constitutes a public nuisance to the citizens of Athens; WHEREAS, the City Council has conducted a public hearing concerning this matter, and has received and reviewed information (including applicable photographs) from the inspector concerning the Property; WHEREAS, the pile has been deemed to be a public nuisance because it constitutes an unsafe condition, is an attractive nuisance, and is reasonably believed to disturb or impact a natural drainageway; WHEREAS, after the finding by the Chief Building Inspector that the pile was a public nuisance, notice was issued to persons who may have an interest in the Property, giving such persons an opportunity to remove the pile before any action by the City of Athens, and such notice was issued more than sixty (60) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the pile presents a public nuisance to the citizens of Athens, and that the same is due to be removed. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on May 13TH, 2024 at 4:30 p.m., as follows: 1. The debris pile on the Property constitutes a public nuisance that shall be destroyed and removed by the City of Athens. 2. This work may be performed by City’s own forces, or, if the Chief Building Inspector investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department is authorized to contract, on behalf of the City of Athens, with a third party(ies) for the work, for a cost not in excess of $30,000.00, although the City Council directs that the cost be as low as possible to accomplish the intended purpose. Should the work appear to exceed $30,000.00, then the appropriate municipal official is directed to report the same to the City Council prior to further action.  3. After the pile’s removal, the Chief Building Inspector shall make a report to the City Council of the costs associated with the destruction and removal of the pile so that it may adopt a resolution fixing all costs reasonably incurred in the destruction and removal of the pile and assessing such costs against those responsible for maintaining the pile. ADOPTED this the 13TH day of May, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. PUBLIC HEARING REGARDING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY MANSA HOSPITALITY, LLC (HOME2 SUITES – NEW BUSINESS) No one spoke in favor of or against. The public hearing was closed. Scott Marshall, 212 East Street, Athens, addressed the City Council regarding the Sunrise Park project. Mr. Marshall stated that he doesn’t believe that the City should use their work forces to construct the project because they are needed elsewhere. He suggested that the Council look at work force timeframes versus contractor timeframes before making any decisions. Councilman Lucas 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 personnel of the Mayor’s Office: Holly Hollman Mileage $10.05 04/22/2024-04/26/2024 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 travel/education expenses for the Public Works Department: James Rich SWANA Spring Conference Orange Beach, AL April 1-4, 2024 $ 446.47 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 two (2) 2024 4WD Ford Explorers XLT from Stivers Ford Lincoln from the state contract bid list, T191L, not to exceed $93,000, and shall be funded from the Fire Department's existing capital fund. 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 two (2) truck bed covers and accessories to be purchased from the Fire Department's existing capital fund at a cost not to exceed $2300. 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 May 13, 2024, that the Council authorizes the amount of $86,878.56 for the construction of an equipment shed for the Wastewater Collection Division of Water Services, and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute a contract with Nathaniel Lowe Construction, LLC for this construction. 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 “Convenience Store Retail Beer & Wine Off Premises” alcohol license. Business Name: 4 Square Market, Inc. Dba: 4 Square Market Address: 23021 Nick Davis Road Athens, AL 35613 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2024 – 1955 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to provide funds to Public Works to complete two bulb-outs at the intersection on the northwest and southwest corners of Market and Madison Street at a cost not to exceed $40,000 from the Capital Infrastructure Fund. ADOPTED and APPROVED this, the 13th day of May, 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 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. Mayor Marks remarked in the work session that he has sent a note to the staff requesting for the bulb outs to be moved back about six inches on each side and for the curbing to be rounded off. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 – 1956 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into an agreement with Grayson Carter & Sons, Inc. utilizing the City’s Bituminous Paving Contract for an emergency repair for a section of roadway along Lindsay Lane in an amount not to exceed $30,000 and to be funded from the Gas Tax fund. ADOPTED and APPROVED this, the 13th day of May, 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 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 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 Wales introduced the following resolution: RESOLUTION NUMBER 2024 – 1957 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into an agreement with Wisener, LLC for right-of-way acquisition services for the ATRP2-42-2022-089 project (Clinton Street Improvement Project) at a cost not to exceed $49,050 and funded from the Capital Infrastructure Fund. ADOPTED and APPROVED this, the 13th day of May, 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 resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper 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 NUMBER 2024 – 1958 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 and design an unimproved right of way from Levert Ave to Cain Dr at a cost not to exceed $43,185 and paid from the proceeds of the 2024 GO Warrants. ADOPTED and APPROVED this, the 13th day of May, 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 Wales 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the attached organizational chart for the Customer Accounts Department, which includes the following 38 full-time positions: 1. Customer Accounts Manager 2. Assistant Customer Accounts Manager 3. Collection Manager 4. Field Operations Supervisor 5. Service and Collections Representative (5) 6. Meter Reader I/II (10) 7. Accounts Receivable Technician I/II/III (17) 8. Accounts Receivable Coordinator 9. Customer Accounts Coordinator 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 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 resolution had been unanimously carried. Councilman Seibert introduced the following resolution: Resolution to Allocate a Portion of the 2018 General Obligation (GO) Warrant Funds WHEREAS, on April 12, 2021, the City Council approved a resolution to allocate $600,000 of the 2018 GO Warrant proceeds to the Cemetery, Parks and Recreation Department for additional parking, shade structures and a master plan for the Pilgrim’s Pride property; and WHEREAS, on June 26, 2022, the City Council allocated $120,000 of the above referenced allocation as a grant match for installation of a handicap-accessible outdoor fitness court at the City of Athens Sportsplex and further allocated $350,000 for additional parking at the Athens Sportsplex; and WHEREAS, those projects have been completed and there remains a balance of approximately $150,000 from the original $600,000 allocation available for other projects, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate the remaining $150,000 of the $600,000 allocation from the 2018 GO Warrant proceeds as follows: (1) $85,000 for field improvements at the Athens Sportsplex and (2) $65,000 toward improvements at other City park facilities. 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, 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. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2024 - 1959 A RESOLUTION CONCERNING THE SUNRISE PARK PHASE I AND II PROJECT _______________________________________________  WHEREAS, the City of Athens initiated a competitive bidding process for Sunrise Park Phase One & Two Facilities and Site for the City of Athens, Alabama (the “Project”), using project specifications/description and pursuant to the Alabama Public Works Law; WHEREAS, sealed bids were opened at Athens City Hall on April 19, 2024; WHEREAS, Grayson Carter & Sons, Inc. was the only bidder for the Project, with a bid of $7,979,795.19; WHEREAS, such bid substantially exceeds the planned budget; WHEREAS, § 39-2-6(b) of the Code of Alabama provides that where only one bid is received, that the awarding authority may, among other things, direct that the work shall be done by force account under its direction and control (i.e., the authority may act as its own contractor using labor and material employed and bought by the city to perform various parts of the Project, and contract out for any needed outside services through informal bidding); WHEREAS, the Mayor and other city officials have reviewed the Project and believe that the Project can be completed using the force account method in a manner that should meet the planned budget; and WHEREAS, the City Council desires to use the force account method for the Project, such that (i) the City will utilize its own forces and materials for a portion of the Project, and (ii) contract out for those outside services that are needed through an informal bidding process. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on May 13, 2024 at 4:30 PM, as follows: 1. The sole bid received for the Project is rejected, since it exceeds the amount budgeted for the Project. 2. Pursuant to § 39-2-6(b), the City Council elects to proceed with the Project using the force account method. 3. The Mayor, through his authorized designees, may engage in the Project utilizing the City’s own forces and materials. The Mayor and his authorized designees will periodically report to the City Council regarding the use of City forces and materials for this Project. 4. The Mayor, through his authorized designees, is directed to engage in an informal bidding process in cases where outside services are needed for the Project, and return to the council for the approval of the contracts relating to such services. 5. City officials shall comply with the requirements of § 39-2-6(e) of the Code of Alabama, concerning reports of the force account work to the Department of Examiners of Public Accounts. ADOPTED this the 13th day of May, 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 The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2024 – 1960 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, the Cemetery, Parks and Recreation Department is authorized to purchase the playground equipment for Sunrise Park in the amount of $917,815.50 from Recreational Concepts, through Sourcewell, a purchasing cooperative. The purchase includes equipment, all items related to safety surfacing, installation and freight. The purchase will be funded in part by a Dekko Foundation grant totaling $125,000, and sponsorships from the Athens Ladies Civitan totaling $7,500. The City’s portion will be $785,315.50, funded from the Sunrise Park line item, Capital Projects. ADOPTED this the 13th day of May, 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 Wales 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 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 NUMBER 2024 – 1961 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, the Cemetery, Parks and Recreation Department is authorized to purchase the splash pad feature for Sunrise Park in the amount of $656,381.18 from Recreational Concepts, through Sourcewell, a purchasing cooperative. The purchase includes equipment, recirculation/mechanical system, disinfection system, and other items needed for operation. The purchase will be funded in part by a Dekko Foundation grant totaling $125,000, and community grants from the Limestone County Legislative Delegation totaling $28,967.50. The City’s portion will be $502,413.68, funded from the proceeds of the 2024 General Obligation Warrants. ADOPTED this the 13th day of May, 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 Wales 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 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, to approve on-call consultation for bidding coordination and construction administration services for Sunrise Park, provided by Alta, for a fee not to exceed $86,000. Shall be funded from the Sunrise Park line item, Capital Projects Fund. 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 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 resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1962 BE IT RESOLVED by the City Council (the "Council") of the City of Athens (the "City") in the State of Alabama as follows: Section 1. Findings. The Council has ascertained and determined and hereby finds and declares as follows: (a) the City proposes to issue not more than $30,000,000 aggregate principal amount of its Water and Sewer Revenue Warrants, Series 2024 (the "Warrants"), for the purpose of paying a portion of the costs of designing, acquiring, equipping, constructing and installing various capital improvements (the "Compliance Improvements") to the combined water works plant and distribution system and sanitary sewer system of the City, including, without limitation, compliance improvements to the City of Athens Wastewater Treatment Plant (WWTP), and paying the costs of issuing the Warrants; (b) the City expects to issue the Warrants by not later than August 31, 2024; (c) prior to issuance of the Warrants, the City of Athens Water Services Department (AWS) expects to incur certain costs and expend certain moneys in connection with the Compliance Improvements;  (d) the City expects to allocate, from the proceeds of the Warrants, moneys to reimburse AWS for the expenditures made prior to the date of issuance of the Warrants; and (e) expenditures with respect to the designing, acquisition, equipping, construction and installment of the Compliance Improvements will be or have been paid by AWS out of its capital projects reserve funds, pending the issuance of the Warrants. Section 2. Declaration of Official Intent. The City hereby declares its official intent to allocate a portion of the proceeds of the Warrants to reimburse the said funds for expenditures incurred after the date that is no more than sixty (60) days prior to the date of the adoption of this resolution, but prior to the issuance of the Warrants, in connection with the designing, acquisition, equipping, construction and installment of the Compliance Improvements. This resolution is being adopted pursuant to the requirements of the Internal Revenue Code of 1986, as amended, and Treasury Regulations Section 1.150-2(e) promulgated thereunder. ADOPTED and APPROVED this, the 13th day of May, 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 The motion was seconded by Councilman Lucas 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 May 13, 2024, that the Council authorizes an unbudgeted amount of $41,578.72 to be funded from the Water Services Department operating budget for BNtelligence, Inc. to perform engineering analysis of 100,000 feet of sanitary sewer pipes using proprietary AI software, PipeAId, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this agreement to complete this work. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember 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 resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 13, 2024, that the Council authorizes the WWTP lagoon partial dredging contract with SEMS, Inc. of $2,588,000.00 to be revised by the unbudgeted capital amount of $1,492,000.00 making the total contract value $4,080,000.00 to dredge a total of 10,000 dry tons of bio-solids or sludge from the west WWTP lagoon, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this revised contract to complete the work. 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 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 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, at its meeting on May 13, 2024, that the Council authorizes an unbudgeted amount of $2,200,000.00 to be funded from the Water Services Department cash reserves for Ardurra, Inc. to perform detailed design engineering for needed upgrades of the Wastewater Treatment Plant, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember 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 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. Randy Hamilton, 11200 John Pugh Road, Athens, addressed the City Council regarding the property at Hatfield Lake. Mr.Hamilton stated that he was representing the Lindsay family and that they are having water issues, in particularly from Strain Road. He remarked that a ditch overflowed into the springbox at the lake and caused the lake to be muddy. Mr. Hamilton requested some assistance with the issue. Michael Griffin, City Engineer, stated that he has noticed the problem as well and that the City is looking into it. Wilbert Woodroof, 200 Christine Street, Athens, addressed the City Council regarding a repair to a water line in his yard. Mr. Woodroof’s issue is that he did not receive any notification that his water services would be interrupted and asked for residents to be made aware of such issues. He complimented the City on sidewalks being built on the north side of Hine Street but would still like to see sidewalks leading to Jimmy Gill Park. Tito Redus, 842 B Westview Avenue, Athens, addressed the City Council regarding the sidewalk that was installed in front of his business. Mr. Redus’ concern is that someone is going to be hurt or killed due to the street being so narrow and the sidewalk being so close to the street. David Malone, 1300 Somerest Drive, Athens, addressed the City Council and complimented the work that has been done on Vine Street. Mr. Malone stated that Westmoreland and Westview need work. He also stated that the ditches in front of the Trinity School and Trinity Congregational Church on Brownsferry Street need to be covered to make the area look better. Mr. Malone noted that items for a splash pad at Sunrise Park were approved and remarked that a splash pad at Jimmy Gill Park was requested by Debra Gill four years ago. Mayor Marks remarked that he and Bert Bradford have discussed looking at costs for a splash pad at Lincoln Bridgeforth Park. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Wales made the motion and with Councilman Lucas’ second, the meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK