City Council

July 15, 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 July 15, 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. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Councilman Wales offered the invocation. Mayor Marks was joined by Julia Bradford in leading 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 June 24, 2024 City Council Meeting and Work Session Meeting and the Minutes of the June 28, 2024 Special Called 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. Mayor Marks gave a shout-out to all of the police officers and firefighters for all that they do to keep our city safe. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/-2.4 ACRES (SEVEN POINTS VENTURES, INC.) LOCATED DIRECTLY WEST OF U.S. HIGHWAY 31 SOUTH AND APPROXIMATELY 940 FEET SOUTH OF ROY LONG ROAD EAST (PARCEL#’S: 44-10-08-28-0-000-008.009, 44-10-08-28-0-000-009.000 AND A PORTION OF 44-10-08-28-0-000-008-007), FROM R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) AND M-1 (LIGHT INDUSTRIAL DISTRICT) TO B-2 (GENERAL BUSINESS DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, stated that the staff has no issues with the rezone and the Planning Commission forwards their approval. The public hearing was closed. Councilman Wales introduced the following ordinance: AN ORDINANCE TO REZONE +/- 2.4 ACRES (SEVEN POINTS VENTURES, INC.) LOCATED DIRECTLY WEST OF U.S. HIGHWAY 31 SOUTH AND APPROXIMATELY 940 FEET SOUTH OF ROY LONG ROAD EAST (PARCEL #S: 44-10-08-28-0-000-008.009, 44-10-08-28-0-000-009.000 AND A PORTION OF 44-10-08-28-0-000- 008.007), FROM R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) AND M-1 (LIGHT INDUSTRIAL 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 2024 – 2326 WHEREAS, the City Council of the City of Athens, Alabama, has heretofore adopted, “The Zoning Ordinance of the City of Athens, Alabama,” and, 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 the hereinafter described area should be rezoned from R-1-3 (High Density Single Family Residential District) and M-1 (Light Industrial District) to B-2 (General Business District). The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as 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: TRACT A (1.40 Acres, more or less) TRACT A OF BROOKHILL LANDING PHASE 2B, AS RECORDED BY MAP OR PLAT IN THE LIMESTONE COUNTY, ALABAMA PROBATE JUDGE’S OFFICE, IN PLAT BOOK K, AT PAGES 425 AND 426. ADDITIONAL PROPERTY (1.03 Acres, more or less) BEGIN AT A CAPPED IRON PIN (MORELL) ON THE SOUTHEASTERNMOST CORNER OF TRACT A OF BROOKHILL LANDING PHASE 2B, AS RECORDED BY MAP OR PLAT IN THE LIMESTONE COUNTY, ALABAMA PROBATE JUDGE’S OFFICE, IN PLAT BOOK K, AT PAGES 425 AND 426, SAID POINT BEING IN THE WEST RIGHT-OF-WAY OF ALABAMA HIGHWAY 31 AND BEING THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE FROM THE TRUE POINT OF BEGINNING RUN SOUTH 00 DEGREES 30 MINUTES 24 SECONDS EAST (ALABAMA STATE PLANE GRID, WEST ZONE [NAD83]) ALONG THE WEST RIGHT-OF-WAY MARGIN OF ALABAMA HIGHWAY No. 31 (120’ ROW) A DISTANCE OF 149.97 FEET TO A ½” REBAR; THENCE SOUTH 89 DEGREES 32 MINUTES 06 SECONDS WEST A DISTANCE OF 299.99 FEET TO A ½” REBAR; THENCE NORTH 00 DEGREES 30 MINUTES 35 SECONDS WEST A DISTANCE OF 149.87 FEET TO A POINT; THENCE NORTH 89 DEGREES 31 MINUTES 00 SECONDS EAST A DISTANCE OF 300.00 FEET TO THE TRUE POINT OF BEGINNING, LYING AND BEING WITHIN NORTHWEST-QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 4 WEST, LIMESTONE COUNTY, ALABAMA, AND CONTAINING 1.03 ACRES, MORE OR LESS. PORTION OF COMMON AREA THAT PORTION OF COMMON AREA B THAT LIES ADJACENT TO TRACT A OF BROOKHILL LANDING PHASE 2B, AS RECORDED BY MAP OR PLAT IN THE LIMESTONE COUNTY, ALABAMA PROBATE JUDGE’S OFFICE, IN PLAT BOOK K, AT PAGES 425 AND 426, MORE PARTICULARLY DESCRIBED AS BEGINNING AT A CAPPED IRON PIN AT THE NORTHEAST CORNER OF SAID TRACT A, THENCE NORTH 89 DEGREES 23 MINUTES 06 SECONDS WEST (PLAT BEARING) A DISTANCE OF 395.07 FEET TO A CAPPED IRON PIN; THENCE NORTH 00 DEGREES 36 MINUTES 54 SECONDS EAST A DISTANCE OF 8.00 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID COMMON AREA B; THENCE SOUTH 89 DEGREES 23 MINUTES 06 SECONDS EAST ALONG THE NORTH BOUNDARY OF COMMON AREA B A DISTANCE OF 394.93 FEET TO A CAPPED IRON PIN; THENCE SOUTH 00 DEGREES 25 MINUTES 09 SECONDS EAST A DISTANCE OF 8.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.073 ACRES MORE OR LESS. ADOPTED and APPROVED this, the 15th day of July, 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 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 ordinance had been unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/-20 ACRES (ATHENS BOARD OF EDUCATION) LOCATED AT 405 SOUTH STREET (PARCEL# 44-10-02-09-2-002-032.000), 517 JULIAN NEWMAN STREET (PARCEL# 44-10-02-09-2-002-046.000), 1 JULIAN NEWMAN STREET (PARCEL# 44-10-02- 09-2-003-034.000), 611 FORREST STREET (PARCEL# 44-10-02-09-2-003-035.000), AND PROPERTY LOCATED DIRECTLY WEST OF JULIAN NEWMAN STREET AND DIRECTLY SOUTH OF EAST SOUTH STREET (PARCEL# 44-10-02-09-2-002-033.001), FROM TN-2 (TRADITIONAL NEIGHBORHOOD 2 DISTRICT) TO TI (TRADITIONAL INSTITUTIONAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, stated that the staff has no issues with the rezone and the Planning Commission forwards their approval. The public hearing was closed. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO REZONE +/- 20 ACRES (ATHENS CITY BOARD OF EDUCATION) LOCATED AT 405 SOUTH STREET (PARCEL #: 44-10-02-09-2-002-032.000), 517 JULIAN NEWMAN STREET (PARCEL #: 44-10- 02-09-2-002-046.000), 1 JULIAN NEWMAN STREET (PARCEL #: 44-10-02-09-2-003-034.000), 611 FORREST STREET (PARCEL #: 44-10-02-09-2-003-035.000), AND PROPERTY LOCATED DIRECTLY WEST OF JULIAN NEWMAN STREET AND DIRECTLY SOUTH OF EAST SOUTH STREET (PARCEL #: 44-10-02-09-2-002-033.001), FROM TN-2 (TRADITIONAL NEIGHBORHOOD 2 DISTRICT) TO TI (TRADITIONAL INSTITUTIONAL DISTRICT), WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2024 – 2327 WHEREAS, the City Council of the City of Athens, Alabama, has heretofore adopted, “The Zoning Ordinance of the City of Athens, Alabama,” and, 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 the hereinafter described area should be rezoned from TN-2 (Traditional Neighborhood 2 District) to TI (Traditional Institutional District). The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as TI (Traditional Institutional 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 TI (Traditional Institutional 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: Vol 599-168  A tract of land in the City of Athens, Alabama, described as beginning at an iron pin on the SE corner of Lot 26, Block 74, as intended to be delineated by the 1914 Map of the City of Athens, and as established by prescription by fences; said point also being the SW corner of Lot 16 of the Christopher Circle Subdivision as filed for record in the Office of the Judge of Probate, Limestone County, Alabama, and said point also having previously been described in deeds of record as being 1500 feet West and 400 feet North of the center of Section 9, Township 3 South, Range 4 West; from said point of beginning run thence South 86°20’30” West a distance of 614.24 feet to a point in the center of a spring branch; thence North 2°06’30” West a distance of 605 feet to an iron pin; thence South 89°42’30” West a distance of 403 feet to a point; thence North 1°30’45” West a distance of 398 feet to an iron pin; thence South 89°45’ East a distance of 981.02 feet to an iron pin on the South side of a gum tree; thence South 2°28’45” West a distance of 553.39 feet to an iron pin; thence South 12°45’15” East a distance of 413.1 feet to the point of beginning, and containing 16.379 acres; being the same property conveyed to the said Burgreen Enterprises, Inc., by deed recorded in Volume 577, Page 327, Office Judge of Probate, Limestone County, Alabama. RLPY 2021-59294 Beginning at an iron pin at the Southwest corner of Lot 6, Block 74, according to the 1914 Map of Athens, Alabama, which point is also on the South right of way margin of South Street, and run thence North 1 degree 54 minutes 30 seconds West a distance of 40.00 feet to an iron pin on the North right of way margin of South Street and the true point of beginning of the tract herein described; thence from the true point of beginning continue North 1 degree 54 minutes 30 seconds West a distance of 357.98 feet to an iron pin; thence South 89 degrees 31 minutes 30 seconds East a distance of 200.10 feet to an iron pin; thence South 1 degree 54 minutes 30 seconds East a distance of 355.31 feet to an iron pin on the North right of way margin of South Street; thence South 89 degrees 42 minutes 30 seconds West along said North right of way margin a distance of 200 feet to the true point of beginning, lying and being within Lot 6, Block 74, according to the 1914 Map of Athens, containing 1.64 acres, more or less, and subject to a right of way for South Street located on the South side of the above described real estate. RLPY 2024-11690 Lots 1 and 2 of the B Booth Subdivision No. 2 according to the map or plat of said subdivision on file and of record in Plat Book C, Page 94 in the Office of Limestone County, Alabama. RLPY 2024-11703 Lot 3 of B Booth Subdivision No. 2 being a part of the Northwest Quarter of Section 9, Township 3 South, Range 4 West, according to the Map or Plat of said Subdivision recorded in the Office of the Judge of Probate of Limestone County, Alabama. ADOPTED and APPROVED this, the 15th day of July, 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 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, 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 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 ordinance had been unanimously carried. Councilman Lucas introduced the following resolutions: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Rod Herron for a three year term as an alternate of the Zoning Board of Adjustments, expiring on June 28th, 2024. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Greg Greene for a three year term as a member of the Zoning Board of Adjustments, expiring on June 26th, 2027. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Jeff Bass for a three year term as an alternate of the Zoning Board of Adjustments, expiring on June 28th, 2027. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel of the Fire Department: James Hand Meal Reimbursement $80.14 Sutphen – Ohio Finalize new fire truck RESOLUTION Carrie Lawrence $191.69 Milsoft User Conference-Nashville, TN Austin Thompson $115.70 TVPPA-Lab 2-Huntsville, AL Johvanny Hernandez $135.48 TVPPA-Lab 2-Huntsville, AL Micah Bates $57.57 TVPPA-Lab 2-Huntsville, AL Eli Gilbert $108.17 TVPPA-Lab 2-Huntsville, AL RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for the following personnel of the Gas Department: Braxton Guinn ANGA Conference $528.50 Lexington, KY June 15 – 19, 2024 Johnette Whitmire ANGA Conference $491.61 Lexington, KY June 15 – 19, 2024  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the low bid from Jimmy Smith Buick GMC to purchase two (2) 2024 GMC Yukon police admin vehicles at a total cost not to exceed $116,000.00. Funding for this purchase will be from the Police Department’s existing capital expenditure account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the CPR Director to purchase two pick-up trucks from the Alabama Department of Transportation in an amount not to exceed $60,000 to be funded from the existing CPR capital account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of six (6) recliners from Barnett & Swann for the Fire Department, at a cost not to exceed $5100 and shall be funded from their existing capital account. RESOLUTION NUMBER 2024 - 1975 WHEREAS, AT&T has requested to modify their equipment on an existing telecommunications facility located at 1327 Highway 251, Athens, AL to provide wireless services within the corporate limits of the City of Athens; WHEREAS, AT&T has complied with the City’s Ordinance No. 1999-1320 and has demonstrated the need for the modification of this wireless facility to deliver consistently reliable services in the identified area, and; WHEREAS, both the City and AT&T customers in Athens will benefit from improved service; and; WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a conditional Special Use Permit for the modification at this facility located at 1327 Highway 251, Athens, AL, which consists of a 276-foot guyed tower; THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that AT&T is hereby granted a Special Use Permit to modify their equipment at 1327 Highway 251, Athens, AL. As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion: 1. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously a possible, the facility must be built, activated, and be providing service no later than one hundred eighty (180) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. AT&T may petition the City of an extension of this for good cause shown, but the decision whether to grant the extension shall exclusively be the prerogative of the City. 2. AT&T must provide contractor information with a construction schedule to the city and to CMS prior to the issuance of the Building Permit. The contractor must notify the City’s consultant for all inspections. 3. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on-site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 4. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. 5. The provision of the Certificate of Completion for this work shall be a pre-condition for any future modifications of any kind by this carrier, at this facility. ADOPTED this 15th day of July, 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 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to contract with C-Spire Business to upgrade and connect the leak city training facility to the city fiber optic network, for the Gas Services Department and IT Department. The cost of this upgrade will be approximately $24, 600. Funding for this purchase will be from the Gas Services Department FY 2024 capital budget. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2024 - 2328 AN ORDINANCE AMENDING SECTIONS 22-5 AND 22-15 OF THE CITY CODE CONCERNING CITY CEMETERIES _____________________________________________________________________ WHEREAS, § 11-47-20 of the Code of Alabama provides that Alabama cities have the authority to regulate cemeteries, and § 11-45-1 of the Code of Alabama authorizes cities to adopt ordinances to provide for the health of the inhabitants in the City; and WHEREAS, the City Council desires to revise two sections of Chapter 22 of the Code of Ordinances of the City of Athens, Alabama, concerning flowers and payment methods. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on July 15th, 2024, at 4:30 p.m., as follows: Section 1. Section 22-5(c) of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: (c) The cemetery department may accept payment by personal checks, money orders, credit cards, or cash in payment for rights in a cemetery lot or portion thereof. Section 2. Section 22-15(b) of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: (b) Prohibited items; removal. No perishable food item, item subject to decay, or item that is dangerous to the public shall be placed on a lot or grave. If such item is placed on a lot or grave, the cemetery department may remove such item, or any part thereof as may be necessary, and dispose of said removed property. (The prohibition in this subsection shall not apply to flowers, which may be placed on a lot or grave, but the cemetery department may remove and dispose of such flowers to the same extent as other items subject to decay.) Section 3. This Ordinance shall become effective immediately upon its lawful publication.  Section 4. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are declared to be severable. Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED this the 15th day of July, 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 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, 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. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2024 - 2329 ORDINANCE ABANDONING/VACATING A PORTION OF AN ELECTRICAL EASEMENT ON REAL PROPERTY OWNED BY MCCRARY NORTH, LLC AND GL MCCRARY FARMS, LLC _____________________________________________________________________ WHEREAS, GL MCCRARY FARMS, LLC is the current owner of property located at and along Arrowhead Landing Road, as reflected by the Warranty Deed recorded at RLPY BK 2022, PG 63559 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows:  (the “GL McCrary Property”); WHEREAS, MCCRARY NORTH, LLC is the current owner of property located at and along Old Highway 20, Belle Tower Road, and Arrowhead Landing Road, as reflected by the Warranty Deed recorded at RLPY BK 2024, PG 2833 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows:  (the “McCrary North Property”);  WHEREAS, there is a certain electrical easement that was granted in 1917 to the City of Athens, Alabama, as described in the Right-of-Way Easement, recorded at Book 452, Page 151, in the Office of the Judge of Probate of Limestone County, Alabama (the “Easement”), and part of that Easement lies on both the GL McCrary Property and the McCrary North Property; WHEREAS, upon the request of the current owners, the City Council desires to abandon and vacate a portion of the Easement lying on the GL McCrary Property and the McCrary North Property; WHEREAS, the Council has examined the same and finds that such easement portion 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 July 15, 2024, at 4:30 p.m., as follows: 1. The City expresses its intention to abandon/vacate only that portion of the Easement which lies on the following-described three areas, such that the same is hereby abandoned and vacated by this Ordinance: Area #1 A parcel of land situated in the Northwest Quarter of Section 7, Township 5 South, Range 3 West, Limestone County, Alabama, {BEARINGS AND DISTANCES referenced to the Alabama State Plane Coordinate System, West Zone, NAD83(2011)} and being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of said Section 7; thence run South 00 degrees 14 minutes 22 seconds West 519.93 feet along the west line of the Northwest Quarter of said Section 7; thence run North 89 degrees 20 minutes 32 seconds East 15.00 feet to the Point of Beginning; thence run North 89 degrees 20 minutes 32 seconds East 35.11 feet; thence run North 12 degrees 18 minutes 22 seconds East 73.21 feet; thence run North 54 degrees 39 minutes 08 seconds East 513.47 feet; thence run South 89 degrees 32 minutes 33 seconds East 1160.66 feet; thence run South 44 degrees 17 minutes 09 seconds East 91.06 feet; thence run South 28 degrees 53 minutes 26 seconds East 636.82 feet; thence run South 00 degrees 15 minutes 08 seconds West 300.92 feet; thence run North 89 degrees 12 minutes 31 seconds West 489.90 feet; thence run North 89 degrees 07 minutes 00 seconds West 1221.86 feet; thence run North 89 degrees 08 minutes 35 seconds West 290.77 feet; thence run North 00 degrees 09 minutes 54 seconds West 20.80 feet; thence run South 89 degrees 04 minutes 21 seconds East 291.20 feet; thence run North 00 degrees 55 minutes 39 seconds East 87.85 feet; thence run North 73 degrees 45 minutes 45 seconds West 199.19 feet; thence run South 00 degrees 54 minutes 35 seconds West 78.41 feet; thence run North 89 degrees 03 minutes 52 seconds West 100.38 feet; thence run North 00 degrees 19 minutes 34 seconds East 451.14 feet back to the Point of Beginning. Said parcel containing 37.029 acres (1,612,989 square feet) more or less. Area #2 A parcel of land situated in the Northwest Quarter of Section 7, Township 5 South, Range 3 West, Limestone County, Alabama, {BEARINGS AND DISTANCES referenced to the Alabama State Plane Coordinate System, West Zone, NAD83(2011)} and being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of said Section 7; thence run South 89 degrees 14 minutes 48 seconds East 1758.11 feet along the north line of the Northwest Quarter of said Section 7; thence run South 00 degrees 00 minutes 00 seconds East 233.30 feet to the south right of way of Old Highway 20 and the Point of Beginning; thence run South 44 degrees 17 minutes 09 seconds East 156.93 feet along the south right of way of said Old Highway 20; thence run North 41 degrees 32 minutes 51 seconds East 21.92 feet along the south right of way of said Old Highway 20 to the west right of way of Arrowhead Landing Road; thence run South 29 degrees 53 minutes 49 seconds East 21.61 feet along the west right of way of said Arrowhead Landing Road; thence run 52.24 feet along the west right of way of said Arrowhead Landing Road and a curve to the right having a radius of 146.19 feet, a delta angle of 20 degree 28 minutes 27 seconds, and a chord bearing and distance of South 19 degrees 39 minutes 35 seconds East 51.96 feet; thence run South 09 degrees 25 minutes 21 seconds East 123.03 feet along the west right of way of said Arrowhead Landing Road; thence run 48.47 feet along the west right of way of said Arrowhead Landing Road and a curve to the left having a radius of 444.74 feet, a delta angle of 06 degrees 14 minutes 40 seconds, and a chord bearing and distance of South 12 degrees 32 minutes 42 seconds East 48.45 feet; thence run North 28 degrees 50 minutes 55 seconds West 379.34 feet back to the Point of Beginning. Said Parcel containing 0.263 acres (11,466 square feet) more or less. Area #3 A parcel of land situated in the Northwest Quarter of Section 7, Township 5 South, Range 3 West, Limestone County, Alabama, {BEARINGS AND DISTANCES referenced to the Alabama State Plane Coordinate System, West Zone, NAD83(2011)} and being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of said Section 7; thence run South 89 degrees 14 minutes 48 seconds East 1758.11 feet along the north line of the Northwest Quarter of said Section 7; thence run South 00 degrees 00 minutes 00 seconds East 233.30 feet to the south right of way of Old Highway 20; thence run South 44 degrees 17 minutes 09 seconds East 156.93 feet along the south right of way of said Old Highway 20; thence run North 41 degrees 32 minutes 51 seconds East 53.57 feet along the south right of way of said Old Highway 20 to the east right of way of Arrowhead Landing Road and the Point of Beginning; thence run North 41 degrees 32 minutes 51 seconds East 176.63 feet along the west right of way of said Old Highway 20; thence run South 00 degrees 02 minutes 09 seconds East 37.72 feet; thence run South 00 degrees 54 minutes 06 seconds West 316.07 feet; thence run South 00 degrees 15 minutes 08 seconds West 140.14 feet to the east right of way of said Arrowhead Landing Road; thence run North 28 degrees 53 minutes 26 seconds West 14.80 feet along the east right of way of said Arrowhead Landing Road; thence run 50.25 feet along the east right of way of said Arrowhead Landing Road and a curve to the right having a radius of 305.00 feet, a delta angle of 09 degrees 26 minutes 24 seconds, and a chord bearing and distance of North 24 degrees 10 minutes 13 seconds West 50.20 feet; thence run North 19 degrees 27 minutes 01 seconds West 20.30 feet along the east right of way of said Arrowhead Landing Road; thence run 84.84 feet along the east right of way of said Arrowhead Landing Road and a curve to the right having a radius of 484.74 feet, a delta angle of 10 degrees 01 minutes 39 seconds, and a chord bearing and distance of North 14 degrees 26 minutes 11 seconds West 84.73 feet; thence run North 09 degrees 25 minutes 21 seconds West 115.09 feet along the east right of way of said Arrowhead Landing Road; thence run 66.53 feet along the east right of way of said Arrowhead Landing Road and a curve to the left having a radius of 186.19 feet, a delta angle of 20 degrees 28 minutes 27 seconds, and a chord bearing and distance of North 19 degrees 39 minutes 35 seconds West 66.18 feet; thence run North 29 degrees 53 minutes 49 seconds West 29.87 feet back to the Point of Beginning. Said parcel containing 0.661 acres (28,793 square feet) more or less. 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. 3. No other easements, or portions thereof, are vacated/abandoned, other than as described above. No other easement(s) (or portions thereof) on the GL McCrary Property or the McCrary North 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. 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 GL McCrary Property and the McCrary North 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 15th day of July, 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 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, 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 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 ordinance 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 Water Services Department, which includes 64 regular status positions. 1. Water Services Director 2. Capital Improvement Program Manager 3. Engineer 4. Operations Administrator 5. Manager Logistics & Strategic Asset Management 6. Wastewater Treatment Plant Superintendent 7. Water Treatment Plant Superintendent 8. Collections Superintendent 9. Distribution Superintendent 10. Process Maintenance Superintendent 11. Wastewater Treatment Plant Chief Operator 12. Water Treatment Plant Chief Operator 13. Collections Supervisor (2) 14. Distribution Supervisor 15. Wastewater Treatment Plant Operators (7) 16. Water Treatment Plant Operators (5) 17. Collections Technicians (12)  18. Distribution Technicians (11) 19. Process Maintenance Technicians (4) 20. Distribution & Collection Inspector (2) 21. Wastewater Collection Crew Supervisor 22. Water Distribution Crew Supervisor (3) 23. Assistant Manager of Logistics 24. Asset Management Administrator & Maintenance Coordinator 25. Process Maintenance Supervisor The motion was seconded by Councilman Wales and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the following job description for the Water Services Department: (1) Capital Improvement Program Manager, Job Description Updated 06/04/2024 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2024 - 2330 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for all full-time employees is hereby amended as follows, effective: 07/16/2024. Add the following job title to the list of positions for the Water Services Dpt. (2) Capital Improvement Program Manager Delete the following job title to the list of positions for the Water Services Dpt. (1) Deputy Director ADOPTED this the 15th day of July, 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 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, 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 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 ordinance had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1976 WHEREAS, the City of Athens recognizes the necessity of extending Braly Blvd from Forrest Street to US-72 to improve traffic flow and infrastructure; WHEREAS, a prefabricated bottomless culvert is required for the Braly Blvd extension project to ensure proper drainage and structural integrity; WHEREAS, Contech Engineered Solutions has been identified as the supplier for the pre-fabricated bottomless culvert; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the City is authorized to allocate $100,000 for the purchase of a prefabricated bottomless culvert from Contech Engineered Solutions; BE IT FURTHER RESOLVED, that the funds for this purchase shall be drawn from the City of Athens Capital Infrastructure Fund; BE IT FURTHER RESOLVED, that the agreement for the purchase be executed in the name of the City, by its Mayor, for and on its behalf and that it be attested by the City Clerk and the seal of the City be affixed thereto; BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement, by all parties, a copy of such agreement be kept on file with the City by the City Clerk. ADOPTED and APPROVED this, the 15th day of July, 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 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 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 Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1977 WHEREAS, the City of Athens recognizes the need for intersection improvements at US-31 (SR-3) and Elm Street (AL-99), which include a southbound left-turn lane on US-31 and pedestrian features such as crosswalks and pedestrian-signalized improvements; WHEREAS, Morell Engineering has submitted a proposal to provide surveying and engineering services for this project, in collaboration with Skipper Consulting, Inc. for the design of the proposed pedestrian signal improvements; WHEREAS, the scope of services includes topographic surveying, geotechnical exploration, plan preparation, and ALDOT permit documentation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the City enter into an agreement with Morell Engineering, Inc. for the provision of surveying and engineering services as outlined in the proposal dated July 9, 2024; BE IT FURTHER RESOLVED, that the agreement be executed in the name of the City, by its Mayor, for and on its behalf and that it be attested by the City Clerk and the seal of the City be affixed thereto; BE IT FURTHER RESOLVED, that the costs for the services, totaling $46,200, shall be funded from the City of Athens Capital Infrastructure Fund; BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement, by all parties, a copy of such agreement be kept on file with the City by the City Clerk. ADOPTED and APPROVED this, the 15th day of July, 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 Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Lucas seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2024 - 1978 WHEREAS, the City of Athens recognizes the need for access management improvements on US Highway 72, between Lindsay Lane and Kelli Drive; WHEREAS, Morell Engineering has submitted a proposal to provide surveying and engineering services for this project, including topographic surveying, geotechnical exploration, plan preparation, and ALDOT permit documentation; WHEREAS, the scope of services includes design for a right-turn lane into the site, median modifications to allow for right- in/right-out/left-in movements, and other necessary improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the City enter into an agreement with Morell Engineering, Inc. for the provision of surveying and engineering services as outlined in the proposal dated July 9, 2024; BE IT FURTHER RESOLVED, that the agreement be executed in the name of the City, by its Mayor, for and on its behalf and that it be attested by the City Clerk and the seal of the City be affixed thereto; BE IT FURTHER RESOLVED, that the costs for the services, totaling $35,200, shall be funded from the City of Athens Capital Infrastructure Fund; BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement, by all parties, a copy of such agreement be kept on file with the City by the City Clerk. ADOPTED and APPROVED this, the 15th day of July, 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 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. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1979 WHEREAS, the City of Athens recognizes the need for administration activities and the plan review process to be performed by CSX and STV for the upcoming Airport Road Widening project; WHEREAS, an estimated amount of $23,000 is required for CSX and STV to perform these administration activities and plan review processes, with any unused funds to be reimbursed to the City of Athens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the City is authorized to allocate $23,000 for CSX and STV to perform administration activities and the plan review process; BE IT FURTHER RESOLVED, that the funds for this purchase shall be drawn from the City of Athens Capital Infrastructure Fund; BE IT FURTHER RESOLVED, that any unused funds from this allocation shall be reimbursed to the City of Athens; BE IT FURTHER RESOLVED, that the agreement for the administration activities and plan review process be executed in the name of the City, by its Mayor, for and on its behalf and that it be attested by the City Clerk and the seal of the City be affixed thereto; BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement, by all parties, a copy of such agreement be kept on file with the City by the City Clerk. ADOPTED and APPROVED this, the 15th day of July, 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 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. Roy Mattson, 23308 Shinnecock Hills Drive, Athens, addressed the Council regarding the library board and library policy. He stated that he believes the Library Board should have at least two representatives from Limestone County and the library policies be rewritten to protect minors. Zack Trotter, 1410 Tower Street, Athens, addressed the Council regarding the continuing violence occurring on his street. He asked for the Council’s prayers concerning the violence and that the Council adopt an ordinance requiring landlords be held responsible for tenant’s actions. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Lucas made the motion and Councilman Wales seconded. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK