City Council

July 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 July 22, 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 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 July 15, 2024 City Council Meeting and 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 carried. Mayor Marks noted that the latest City Council map is online and that a map of each district will be given to the Councilmembers. The Mayor gave a shout-out to Farmer’s Market, Friday’s After 5 and announced that Summerfest is coming up in August along with a gospel singing by Jerome Malone on the courthouse square. Councilman Wales mentioned a pile of debris behind the old Miller school that needs to be cleaned up and that someone had complained about chickens being in the city limits of Athens and asked Chief Pressnell to follow up. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO ANNEX +/-31.21 ACRES (SHANA C. WINTER) OF PROPERTY LOCATED AT 16415 OAKDALE ROAD (PARCEL# 44-10-01-11-0-000-025.000) AND ZONE THE PROPERTY EST (ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, addressed the Council in opposition to the proposed annexation request. She stated that the Planning Commission and City staff have reviewed the request and advise against approval. Miss Tidwell read a letter written by Gina Garth, Chairperson of the City’s Planning Commission, citing numerous reasons for the Commission to vote against approving the request. Kenny Winter, 16415 Oakdale Road, Athens, owner of the subject property, addressed the Council in support of the request. Mr. Winter stated that he is a longtime homebuilder and that his home, located on the property, meets all City zoning and building requirements. He further stated that the reason he did not request annexation before his home was built was due to timing issues, that he would pay an inspection or permitting fees and would welcome an inspection by the City’s Building Department. Garth Lovvorn, 24712 Dogwood Drive, Elkmont, addressed the Council in support of the request for annexation. John Sowby, 805 Frazier Stree, Athens, addressed the Council stating that he had relocated to Athens from Las Vegas and had witnessed the effects of uncontrolled growth that occurred there. Mr. Sowby asked the Council to keep the potential for uncontrolled growth in mind when approving these types of requests. The public hearing was closed. Councilman Wales made for “Introduction Only” the following ordinance: AN ORDINANCE TO ANNEX +/- 31.21 ACRES (SHANA C. WINTER) OF PROPERTY LOCATED AT 16415 OAKDALE ROAD (PARCEL# 44-10-01-11-0-000-025.000) AND ZONE THE PROPERTY EST (ESTATE RESIDENTIAL AND AGRICULTURAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2024 - ________ WHEREAS, the City Council of the City of Athens, Alabama, has heretofore adopted, “The Zoning Ordinance of the City of Athens, Alabama,” and, WHEREAS, on the 18th day of June, Shana C. Winter, being the owner of the real property hereinafter described, did request to the Planning Commission of the City of Athens, Alabama, that the tracts or parcels of land described herein be annexed to and become part of the City of Athens; and WHEREAS, said petition does contain the signatures of all owners of the described territory and a map of said property showing its relationship to the corporate limits of the City of Athens, Alabama; and WHEREAS, all legal requirements for annexing said real property have been met pursuant to Section 11-42-20 through 11- 42-24, Code of Alabama; and WHEREAS, the petitioners request that this property when annexed, be zoned EST (Estate Residential and Agricultural District); and WHEREAS, the Planning Commission of the City of Athens, Alabama has reviewed this request, and did not recommend that the City Council approve the annexation or the zoning of the hereinafter described area as EST (Estate Residential and Agricultural District); and 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 annex and zone the hereinafter described area as EST (Estate Residential and Agricultural 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 annexed and zoned EST (Estate Residential and Agricultural 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: COMMENCING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF SECTION 11, TOWNSHIP 3 SOUTH, RANGE 4 WEST, LIMESTONE COUNTY, ALABAMA; THENCE RUN NORTH 00°05'35" WEST ALONG THE EASTERN BOUNDARY OF SAID SECTION FOR A DISTANCE OF 1658.16 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING RUN NORTH 89°37'11" WEST AT A DISTANCE OF 1344.66 FEET TO A POINT, PASSING A 5/8" REBAR AT 30.55 FEET ON THE WESTERN RIGHT-OF-WAY FOR OAKDALE ROAD, PASSING A FOUND CAPPED IRON PIN AT A DISTANCE OF 341.56; THENCE RUN NORTH 01°24'18" WEST AT A DISTANCE OF 995.54 FEET TO A 1/4" METAL ROD; THENCE RUN NORTH 89°46'46" EAST AT A DISTANCE OF 1337.21 FEET TO A POINT ON THE WESTERN RIGHT-OF-WAY FOR OAKDALE ROAD. THENCE RUN NORTH 89°45'14" EAST AT A DISTANCE OF 30.84 FEET TO A RAILROAD SPIKE ON THE EASTERN BOUNDARY OF SAID SECTION; THENCE RUN SOUTH 00°03'25" EAST ALONG SAID SECTION BOUNDARY AT A DISTANCE OF 1009.45 FEET AND BACK TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31.21 ACRES, MORE OR LESS.  AND SUBJECT TO: THE WESTERN RIGHT-OF-WAY FOR OAKDALE ROAD (60 FEET), SAID RIGHT-OF- WAY TOTALING 0.71 ACRES MORE OR LESS. AND ALSO SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND COVENANTS THAT MAY OR MAY NOT BE OF RECORD. ADOPTED and APPROVED this, the _____ day of ________, 2024. ________________________________________________ DANA HENRY, CITY COUNCIL PRESIDENT ________________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: ________________________________________________ ANNETTE BARNES, CITY CLERK CERTIFICATION OF CITY CLERK STATE OF ALABAMA) LIMESTONE COUNTY) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City of Athens, Alabama on the _________ day of ___________, 2024. Witness my hand and seal of office this the _________day of ________________, 2024. ______________________________ City Clerk Kenny Winter, 16415 Oakdale Road, Athens, addressed the Council again regarding the annexation request discussed during the public hearing. He asked that the Council vote on the request at tonight’s Council meeting, either up or down, instead of postponing the vote until the next meeting. Councilman Seibert introduced the following resolutions: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve purchase from Stivers Chrysler Dodge, Prattville, Alabama for two 2024 Dodge 1500 Crew Cab Pickup Trucks and one Dodge 2500 Crew Cab Pickup Truck for a total purchase cost of $151,413.06. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to accept the proposal from Williams Fire Apparatus to repair the Tower-6 ladder truck at a cost of $66,980.32. Funding for this purchase will be from the Fire Department’s existing capital expenditure account. The City Council finds that this purchase involves products related to, or having an impact upon the safety of individuals, and as such, competitive bidding is not required pursuant to 41-16-51(a)(15) of the Code of Alabama. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to declare the following vehicles and equipment as surplus and dispose of them by public auction for the Public Work Department: B-13 1996 Ford F800 flatbed vin # 1FDXF80CXTVA25562 B-44 1998 Ford F800 flatbed vin# 1FDXF80CXWVA17515 LeeBoy 1000B asphalt paver. The motion was seconded by Councilman Wales and was unanimously carried. Council President Henry then asked Council President Pro Tem Lucas to preside over the meeting for the following item pertaining to travel expenses for her: Councilman Harper 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 Councilmember: Dana Henry Alabama League of Municipalities $246.56 June 11, 2024 Mileage The motion was seconded by Councilman Lucas and was carried with four yeas and one abstention by Council President Henry. Council President Henry then resumed presiding over the meeting. Councilman Harper introduced the following resolution: RESOLUTION NO. 2024 - 1980 A RESOLUTION CONCERNING ACCESS CONTROL ADDITIONS FOR CITY HALL, FIRE STATIONS AND PUBLIC WORKS FACILITY WHEREAS, the City Council desires to upgrade and improve the physical security and access controls for City facilities in order to minimize the threat of unauthorized access and/or other vulnerabilities related to City assets and to maximize the physical safety and security of City personnel; WHEREAS, this upgrade will enhance security measures by upgrading and installing access control system equipment at multiple locations including City Hall, Fire Station #1, Fire Station #2, Fire Station #3 and the Public Works facility; WHEREAS, acquiring this equipment and installation thereof is a government service involving the facilities, personnel and other assets that enable the City’s various services to the general public, and updated equipment, technology and protocols are necessary for safety and security purposes; WHEREAS, the expenditure for this equipment is a qualified expenditure of Coronavirus State and Local Fiscal Recovery Funds under the “providing government services” category of use. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on July 22nd, 2024 at 4:30 p.m., as follows: 1. The Mayor is authorized to enter into a contract with Convergint, under the Sourcewell Contract, for the purchase and installation of the access control systems and upgrades for City Hall, Fire Station #1, Fire Station #2, Fire Station #3 and the Public Works facility, including a provision for incidentals and contingencies, not to exceed a cost of $128,170.74. 2. The funds in support of this Resolution are authorized to be expended from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds. ADOPTED this the 22nd day of July, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, 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. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2024 - 1981 A RESOLUTION CONCERNING A FAÇADE GRANT PROGRAM OF ATHENS MAIN STREET _______________________________________________ WHEREAS, Athens Main Street, a local non-profit organization working to revitalize downtown Athens, Alabama, has previously administered a façade grant program whereby the organization assisted local businesses in enhancing their storefronts to make the downtown area more vital and attractive, redeveloping aging and/or unused structures, and enhancing economic growth in the downtown; WHEREAS, the City of Athens has received (and frequently receives) requests from local businesses seeking to undertake new construction or activities in the downtown area that would revitalize/redevelop old buildings/properties and/or promote the economic development of downtown Athens; WHEREAS, the City of Athens wishes to provide funding to Athens Main Street for a façade grant program in downtown Athens, such that Athens Main Street would evaluate such requests, create reasonable criteria for the same, and administer such program to provide grants for worthy revitalization/redevelopment projects in downtown Athens that conferred a real public benefit; and WHEREAS, the City Council finds and determines that this Resolution serves the valuable public purpose of promoting the economic development of the city, promoting the revitalization and redevelopment of downtown Athens, increasing tourism and economic activity in the downtown area, and creating a climate favorable to the location of new trade and commerce in the city, notwithstanding any incidental benefit to private entities. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on July 22ND, 2024 at 4:30 p.m., that the Mayor or City Clerk is directed to enter into a contract with Athens Main Street, in such form and manner that is acceptable to the same, whereby the City will pay $50,000.00 to Athens Main Street as an appropriation in exchange for, and to be used with respect to, Athens Main Street’s administration of a façade grant program benefitting downtown Athens, Alabama, as stated herein. Athens Main Street shall report to the city council each of the proposed grant recipients for the council’s ratification prior to the release of such funds. ADOPTED this the 22ND day of July, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, 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 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that the travel expenses in the following amount be approved for Electric Department personnel. Harold Wales $640.53 Electric Cities Annual Conference—Gulf Shores, AL James Lucas $802.47 Electric Cities Annual Conference—Gulf Shores, AL Beth Clem $115.83 Electric Cities Annual Conference—Gulf Shores, AL The motion was seconded by Councilman Harper and was unanimously carried. John Sowby, 805 Frazier Street, Athens, addressed the Council to express his love of Athens, particularly that it is such a walkable City and urged the Council to keep it that way. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Wales made a motion for adjournment and Councilman Seibert seconded. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK