City Council

August 26, 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 August 26, 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 Harper offered the invocation and led the Pledge of Allegiance. Mayor Marks was absent. 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 August 12, 2024 City Council Meeting and 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 carried. Council President Henry remarked that Athens Main Street held a wonderful event over the weekend, the schools in the city are open and doing well, and that Athens High School won their football game on Friday night. Councilman Seibert echoed Mrs. Henry’s comments and asked everyone to come out Friday night and support the football team for their first home game of the season. PUBLIC HEARING REGARDING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY CANEBRAKE PARTNERS, LLC, DBA: CANEBRAKE CLUB, 23015 FOUNDERS CIRCLE, ATHENS, AL (OWNERSHIP CHANGE) No one spoke in favor of or against. The public hearing was closed. PUBLIC HEARING REGARDING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY ATHENS ALEHOUSE AND CELLAR LLC, 113 SOUTH MARION STREET, ATHENS, AL (LOCATION AND LICENSE TYPE CHANGE) Scott Marshall, 212 East Street, Athens, commended the owners of Athens Alehouse and Cellar, LLC for their success and asked the City Council to vote in favor of the request. The public hearing was closed. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve a “Restaurant Retail Liquor” alcohol license for Athens Alehouse and Cellar, LLC, 113 South Marion Street, Athens, AL, 35611. The motion was seconded by Councilman Seibert and was unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION REGARDING THE COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 2036 LUKE STREET Erik Waddell, Chief Building Inspector, addressed the City Council with a summary of the request and asked for the City Council’s support. No one spoke in favor of or against. The public hearing was closed. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2024 - 1988 A RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 2036 LUKE STREET _______________________________________________ WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and other state and local law, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, in Resolution No. 2022-1857, the Athens City Council required the demolition of an unsafe building or structure (herein referred to as the “Structure”) located at the following real property: Address: 2036 Luke Street, Athens, AL 35611 PARCEL # 10-05-22-0-001-011.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: (herein referred to as the “Property); WHEREAS, the demolition and removal was carried out; WHEREAS, persons who may hold a property interest in the Property include the following persons: Charles Coleman, Mildred Dean Coleman, Ronald Malone, Roger Coleman, Robin Coleman, ALFA Mutual Insurance Co.; any of their heirs, assigns, devisees, and/or successors-in-interest; as well as any and all unknown parties, including any persons claiming a present interest in the property described herein and including persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in such property, such persons’ whereabouts being unknown and which cannot be ascertained with reasonable diligence; and WHEREAS, pursuant to Resolution No. 2022-1857, the City Clerk has presented this City Council with the report of Erik Waddell, the appropriate municipal official, (attached hereto as Exhibit A) of the costs associated with the demolition of the Structure so that this Council may adopt a resolution fixing all costs reasonably incurred in connection therewith and assessing such costs against the Property. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 26th, 2024, at 4:30 P.M. p.m., as follows: 1. The report of costs associated with the demolition of the Structure on the Property and attached hereto as Exhibit A is accepted, and the costs shown therein are hereby fixed as reasonably incurred in connection therewith and assessed as costs against the Property. 2. The amount of $5,619.55 shall be a special and final assessment against the Property, and shall constitute a lien thereon. 3. A certified copy of this Resolution and its exhibits shall be filed with the Office of the Judge of Probate of Limestone County, Alabama. Previously, the City of Athens caused a “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens” to be filed with respect to this matter, to wit, on September 29, 2022, in RLPY Book 2022, Page 83147 in the Office of the Judge of Probate of Limestone County, Alabama. 4. Pursuant to Ordinance § 11-40-33 of the Code of Alabama, the City Attorney shall provide a certified copy of this Resolution and its exhibits to the Limestone County Revenue Commissioner, who shall add the amount of the lien to the next regular ad valorem tax bills for taxes levied against the Property, collect the same as if it were a tax, and remit the same to the City of Athens. Pursuant to § 11-40-35 and § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, the City elects to have the revenue commissioner collect the assessment by adding it to the tax bill, and then collecting the assessment using all methods available for collecting ad valorem taxes. ADOPTED this the 26th day of August, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A REPORT TO ATHENS CITY COUNCIL OF THE COST OF DEMOLITION OF STRUCTURE ON 2036 LUKE STREET To: Athens City Council, Athens City Clerk This report of the costs associated with the demolition of a structure at 2036 Luke Street, Athens, Alabama, shall be submitted to the Athens City Council at a regular meeting at 4:30 P.M. on August 26, 2024. At such time, the City Council shall hear the report, and thereupon may adopt a resolution fixing the costs which it finds to be reasonably incurred in the demolition and assessing those costs against the property.  The demolition of the unsafe structure was called for by the Athens City Council in its Resolution No. 2022-1857, dated December 12, 2022. The City of Athens, Alabama incurred the following costs associated with the demolition of the unsafe structure: Certified Mail/Mail Notice Costs $ 78.20 Lis Pendens Filing Fee $ 20.00 Publication Costs (Athens News Courier) $ 321.60 Title Search $ 80.00 Legal Fees $ 619.75 Demolition Costs (demolition) $ 4,500.00 ____________________________________________ GRAND TOTAL: $5,619.55 Respectfully submitted by: Erik Waddell Appropriate Municipal Official The motion was seconded by Councilman Lucas and was unanimously carried. Kelly Range, 303 Brookwood Drive, Athens, addressed the City Council regarding the plans for a splash pad at Sunrise Park and stated the City needs to consider the maintenance and upkeep. Councilman Seibert introduced the following resolutions: RESOLUTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve a “Retail Beer On & Off Premises” alcohol license for El Azteca Supermercado Y Taqueria, LLC, 1316 N. Jefferson Street, Athens, AL, 35611. RESOLUTION NUMBER 2024 - 1989 WHEREAS, Verizon Wireless has requested to modify their equipment on an existing telecommunications facility located at 204 Commercial Drive, Athens, AL to provide wireless services within the corporate limits of the City of Athens; WHEREAS, Verizon Wireless 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 Verizon Wireless 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 204 Commercial Drive, Athens, AL, which consists of a 300-self-support tower; THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that Verizon Wireless is hereby granted a Special Use Permit to modify their equipment at 204 Commercial Drive, 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. Verizon Wireless 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. Verizon Wireless 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 26th day of August, 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 approve the following travel/education expenses for the Fire Department: April Davis Mileage April 1, 2024 – June 28, 2024 $ 87.44 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: Paige Holland RCS Workshop – Franklin, TN $43.05 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for specified Water Services employees in the total amount of $5,675.27. Brian Daniel 2024 AWPCA Conference $1,817.55 Orange Beach, AL August 12, 2024 – August 15, 2024 Marc Courville 2024 AWPCA Conference $ 999.43 Orange Beach, AL August 12, 2024 – August 15, 2024 Virgil White 2024 AWPCA Conference $1,117.22 Orange Beach, AL August 12, 2024 – August 15, 2024  Josh Reyer 2024 AWPCA Conference $1,741.07 Orange Beach, AL August 12, 2024 – August 15, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a public hearing for the regular meeting on September 23, 2024 to consider the request of Athens GDC, LLC & DFO Athens Investment, LLC to rezone +/- 38 acres of property located directly south of Huntsville Brownsferry Road and approximately 2,200’ east of U.S. Highway 31 South (Parcel #s: 44-16-02-04-0-001-001.000, 44-16-02-04-0-001-001.003, 44-16-02-04-0-001-001.001, 44-16-02-04-0- 001-002.001) from C-PUD (Conventional Planned Unit Development) to B-2 (General Business District) within the corporate limits of the City of Athens. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a public hearing for the regular meeting on September 23, 2024 to consider the request of Athens Real Estate, LLC to rezone +/- 8.66 acres of property located directly south of Elm Street West and directly east of Lucas Ferry Road (Parcel #: 44-10-03-06-2-000-002.000) from R-1-1 (Low Density Single Family Residential District) to B-2 (General Business District) within the corporate limits of the City of Athens. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase eight (8) Drager 3000 SCBA (self-contained breathing apparatus) units and associated safety equipment for the Gas Services Department. This purchase will be made from North American Fire Equipment Company at a cost of $35,412.84. Funding for this purchase will be from the Gas Services Department FY 2024 capital budget. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the grading and installation of a .5 ft x 30 ft x 225 ft concrete floor by Moss Concrete at Athens Utilities warehouse on 1806 Wilkinson Street for an amount not to exceed $43,000. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase from Altec Industries, Inc., Birmingham, Alabama, for one 2024 DT85H Digger Derrick for a price of $472,622.00 for the Electric Department. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase a new desk, overhead storage cabinet, two task chairs, and a tack board for the Building Department. This purchase will be made from the State of Alabama Bid List from Office Resources Inc. ORI, located in Huntsville, AL at a cost not to exceed $5,075.19. and is to be funded from the existing building department capital account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a Kubota M5-111HDC tractor from H&R Agri-power, Sourcewell Purchasing Agreement ID# 43269, in an amount not to exceed $70,000.00 and shall be funded from the Street Department’s existing capital line item.  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a 2024 Ram 2500 Crew Cab 4x4 pickup from Stivers Dodge, which is on the State bid list, in an amount not to exceed $50,000.00 and shall be funded from the Street Department’s existing capital line item. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the regular City Council meeting on September 9th, 2024 to September 16th, 2024 at the same place and time. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the regular City Council meeting on October 14th, 2024 to October 21st, 2024 at the same place and time. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1990 A RESOLUTION APPROVING THE RENEWAL/MODIFICATION OF THE LIMESTONE COUNTY SOLID WASTE MANAGEMENT PLAN _______________________________________________ WHEREAS, the City of Athens and Limestone County are required by law to adopt a solid waste management plan, and to periodically renew and update that plan; WHEREAS, the Solid Waste Disposal Authority of Athens and Limestone County (“Authority”) has recommended that the City of Athens and Limestone County adopt the renewed/modified Limestone County Solid Waste Management Plan (the “Plan”) attached hereto as Exhibit A; WHEREAS, the Athens City Council held a public hearing concerning the Plan at its meeting on August 12, 2024, and there has also been advertisement and a public comment period as required by § 22-27-47 of the Code of Alabama; and WHEREAS, the City Council finds and determines that the Plan is appropriate and desires to approve it. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 26, 2024 at 4:30 PM, that pursuant to § 22-27-47 of the Code of Alabama, the City Council does hereby approve the Plan attached hereto as Exhibit A, and, upon the Limestone County Commission’s approval of the Plan, the Mayor (or his designee) is authorized to submit the Plan to the Alabama Department of Environmental Management as required by § 22-27- 47(i) of the Code of Alabama. ADOPTED this the 26th day of August, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  EXHIBIT A LIMESTONE COUNTY SOLID WASTE MANAGEMENT PLAN (Attached) The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Wales introduced the following resolution: A RESOLUTION AUTHORIZING THE EXPENDITURE OF ARPA FUNDING FOR WALKING TRAIL ENHANCEMENTS AT ROBERT ALLEN TINNON PARK AND WELLNESS PARK WHEREAS, on June 27, 2022 the City Council budgeted, committed and earmarked up to $300,000 for the City’s allocation of Coronavirus State and Local Fiscal Recovery (ARPA) Funds in support of the Robert Allen Tinnon Park Upgrade Project; WHEREAS, after substantial completion of the various capital improvements to the Robert Allen Tinnon Park Upgrade Project, including construction of a new basketball area and a new practice ball field, upgrading sidewalks and paving, and other various improvements, approximately $188,000 of the $300,000 allocated toward this project is available for additional park upgrades; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 26TH, 2024 at 4:30 p.m., as follows: 1. The approximate $188,000 available funding referenced above is allocated as follows: a) $38,752.48 is allocated to pave the walking trail at the Robert Allen Tinnon Park. The Cemetery, Parks and Recreation Director is hereby authorized to issue a task order to Grayson Carter and Sons for this project. b) $54,558.72 is allocated to pave the walking trail at the Wellness Park. The Cemetery, Parks and Recreation Director is hereby authorized to issue a task order to Grayson Carter and Sons for this project. 2. After the expenditure of the funds authorized in 1.a) and 1.b) above, a balance of approximately $94,688.80 will remain from the original allocation of $300,000 for the Robert Allen Tinnon Park Upgrade Project. Those funds will remain budgeted, committed and earmarked for (a) completion of the Robert Allen Tinnon Park Upgrade Project, as set forth by the Council Resolution adopted on June 27, 2022 and (b) for other City park and recreation upgrades as determined by the City’s Cemetery, Parks and Recreation Director. . ADOPTED this the 26th day of August, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, 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 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the replacement of the HVAC condensing unit at the Houston Memorial Library by Bobby Terry Company at a cost not to exceed $5,200. The cost of this repair will be funded through a FY 2024 general fund budget amendment to the Houston Memorial Library maintenance line item, 100.525.90101. 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 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 – 1991 Resolution Adopting Transportation Plan Pursuant to the Rebuild Alabama Act WHEREAS, the Alabama legislature in Act. No. 2019-2 adopted the Rebuild Alabama Act; WHEREAS, the Rebuild Alabama Act provides for an allocation among the municipalities of the state on the basis of the ratio of population of each municipality to the total population of all municipalities of the state a portion of the additional taxes levied under the Act to be used for transportation infrastructure, improvement, preservation and maintenance; WHEREAS, the Act provides that the municipal governing body of the City of Athens, Alabama, shall adopt an annual Transportation Plan no later than August 31 which shall provide a detailed list of projects for which expenditures are intended to be made in the next fiscal year and shall be based upon an estimate of the revenues anticipated from the fund in which the additional revenue is deposited during the next fiscal year; and WHEREAS, the Act further provides that any such funds shall be used only for the maintenance, improvement, replacement, and construction of roads and bridges maintained by the City of Athens and such other uses as are defined in the Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Athens, Alabama as follows: 1. The City Council of the City of Athens, Alabama hereby passes this Resolution as its Transportation Plan submitted in compliance with the Rebuild Act, Act No. 2019-2. 2. Pursuant to the Act, the City Council of the City of Athens, Alabama estimates that its anticipated allocation from the Rebuild Alabama Act fund for the 2024-2025 fiscal year will be approximately $111,600. 3. Pursuant to the Act, the City anticipates expending funds received pursuant to the Act, in part or in whole, to fund any of the following listed projects: • Fifth Ave Apartments, Athens Housing Authority • Sanderfer Road Apartments, Athens Housing Authority  4. The City Clerk is hereby authorized and instructed to post a copy of this Resolution as its Transportation Plan in a conspicuous place at the City Municipal Hall, and also on the website of the City of Athens, Alabama. 5. The City Clerk has established a separate fund maintained by the City for receipt and deposit of funds received pursuant to the Act, the proceeds of which shall be expended solely for the maintenance, improvement, replacement and construction of roads and bridges maintained by the City and such other uses as are authorized by the Act. ADOPTED and APPROVED this, the 26th day of August, 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 NUMBER 2024 – 1992 A RESOLUTION APPROVING A MAJOR AMENDMENT TO A MASTER DEVELOPMENT PLAN FOR SOWELL PROPERTY/ARABELLA VILLAGE SUBDIVISION ______________________________________________ WHEREAS, the Athens City Council must approve master development plans in a C-PUD zoning district; WHEREAS, Morell Engineering (the “Applicant”) has proposed an Amendment to a Master Development plan for Sowell Property (also known as Emma at Arabella Village) subdivision in a C-PUD district; WHEREAS, the Athens Planning Commission reviewed the proposed plan and is electing to forward the request, with its recommendation, to the Athens City Council as a Major Amendment; WHEREAS, the original adopted master development plan called for a variety of land uses including Multiple Family Residential, Single Family Townhouse Attached Residential, and commercial property; WHEREAS, the applicant voiced reasonable points for amending the adopted Master Development Plan to contain only a mixture of Single-Family Detached Residential, Single-Family Townhouse Attached Residential, and Multiple Family Residential lots;  WHEREAS, the City Council, having fully considered the proposed “Major Amendments” to the previously adopted “Sowell Property Huntsville-Brownsferry Road Master Development Plan” has determined to adopt the Applicant’s Master Development Plan as amended. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, on August 26, 2024, that the Major Amendments to the Applicant’s Master Development Plan are hereby approved in a revised form so that it confirms in each and every respect with the Sowell Property Huntsville-Brownsferry Road Master Plan dated today, August 26, 2024, and attached to this Resolution as Attachment A. ADOPTED and APPROVED this, the 26th day of August, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA ATTACHMENT A The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1993 A RESOLUTION CONCERNING THE COMMITMENT OF ARPA FUNDING FOR BIG SPRING PARK IMPROVEMENTS WHEREAS, the City Council desires to make various improvements to Big Spring Park, including electrical and other aesthetic improvements; WHEREAS, expenditures for government services (such as providing outdoor recreational facilities for the general public) are qualified expenditures of Coronavirus State and Local Fiscal Recovery Funds; and WHEREAS, the City Council finds and determines that these improvements have, for their objective a public purpose involving the promotion of public health, safety, morals, security, prosperity, contentment and the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on August 26TH, 2024 at 4:30 p.m., as follows: 1. The Cemetery, Parks and Recreation Director is authorized to purchase an aerating fountaion with LED lights from The Fountain Guys, Ltd, for a cost of $5,400. 2. The Cemetery, Parks and Recreation Director is further authorized to expend up to $6,000 for various electrical improvements, to include the addition and/or relocation of power poles in order to extend and improve electrical capabilities for public and park events. 3. 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 26th day of August, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, 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 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 Harper introduced the following resolution:  RESOLUTION NUMBER 2024 - 1994 The City of Athens held a bid opening for pavers and installation for Sunrise Park for the playground/splashpad area and received a bid from Grayson Bailey Landscaping for a total of $302,800:  Pavers are $79,902  Installation is $222,898 NOW THEREFORE, BE IT RESOLVED, that the Athens City Council authorizes Mayor William R. Marks to accept the bid in the amount of $302,800. Funding will come from an ADEM grant and the Sunrise Park Capital Fund. READ AND ADOPTED this the 26th day of August 2024. Signed for the City of Athens: /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. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to amend the City of Athens Customer Service Building Agreement with AMBL Studios, Inc. as follows: The project’s scope has been changed to include:  An additional 2,000 SF of office space which revises the total square footage from 10,000 SF to 12,000 SF.  Program amendment to include the design of a hardened structure for hazard protection.  Special coordination with low voltage security consultants & Landscape Architect.  Miscellaneous revisions to the design that might arrive prior to Project permitting & bidding. The Architect’s compensation and schedule shall be adjusted as follows: Compensation Adjustment: An additional Not To Exceed amount of $45,000 shall be added to the previously approved base sum of $320,000 for a total of contract sum of $365,000 for Professional Design Services. This amended amount was generated by adjusting the overall project budget to account for the additional 2,000 square feet of programmed space multiplied by 6.4% of the estimated Cost of the Work as defined by the Basic Fee Rate in chapter 4 of the Manual of Procedures of the Alabama Division of Construction Management. Schedule Adjustment: 6 additional weeks have been added to the design schedule to account for this amendment. 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 Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1995 A RESOLUTION REGARDING THE PURCHASE OF REAL PROPERTY ON HOBBS STREET EAST _______________________________________________ WHEREAS, state law authorizes municipalities to acquire real property for municipal and public purposes; WHEREAS, the City Council of the City of Athens, Alabama wishes to acquire certain property along Hobbs Street East, as depicted in Attachment A hereto, (the “Property”), from TwoDocs, L.L.C., in exchange for a price of $600,000.00; and WHEREAS, the City Council intends to utilize the Property for municipal purposes. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on August 26th, 2024, at 4:30 p.m., as follows: 1. The Mayor of the City of Athens (and/or his designee), on behalf of the City of Athens, Alabama, is authorized to purchase the Property from the owner(s) thereof, for a purchase price of Six Hundred Thousand and 00/100 Dollars ($600,000) plus any incidental/closing costs related thereto in connection with the purchase and closing. 2. To that end, the Mayor, on behalf of the City, is authorized to prepare, enter into, and carry out a contract(s) for the City’s purchase of the Property, upon such terms as the Mayor deems reasonable and appropriate (that are not inconsistent herewith), and to accept a deed(s) to the Property on behalf of the City. 3. The costs/expenses related to this Resolution shall be paid from the following fund of the City of Athens: City of Athens Contingency Fund.  4. The Mayor is authorized to take actions and execute such other and further documents as may be reasonably necessary to effect and carry out the transaction contemplated by this Resolution. ADOPTED this the 26th day of August, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT A That certain real property adjacent to Hobbs Street E located in Athens, Alabama and being designated as Tax Parcel 10-03-08- 1-001-001.002 by the Limestone County Revenue Commissioner, and as depicted below: 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 Lucas seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Lucas and Henry; NAYS: Councilmembers Wales and Harper. The President thereupon announced that the motion for the adoption of the said resolution had been carried with three yeas and two nays. Before opening the floor for public commentary, Council President Henry reminded everyone that time is limited to three minutes per person, in order to give equal time for others to speak. She stated that it is not a time for debate or personal attacks. Mrs. Henry noted that this is the time for the public to speak and for the Council to listen. Council President Henry then invited anyone to come forward and address the Council. Jerry Duke, Brownsferry Road, Athens, addressed the City Council regarding a recent problem in the Farmview Subdivision area. Mr. Duke wanted to report that there were no problems currently and thanked Chief Pressnell and his staff for all that they have done. Amanda Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding the Haitian migrants. Mrs. Schulte is concerned with the children being enrolled at Spark Academy and the strain that it will put on the school. She stated that there are still a lot of unanswered questions and that it is not a concern of race but of financial concern. Kelly Range, 303 Brookwood Drive, Athens, addressed the City Council regarding the council meeting agendas. Mr. Range would like to see a link to the resolutions and ordinances placed online. He also stated that people need to have empathy and be adults regarding the recent issue regarding migrants. Jared Schulte, 1036 West Washinton Street, Athens, presented a picture of a house on Washington Street and asked the Council if it was acceptable. Mr. Schulte stated that he would like to add a motion to have an independent code enforcement officer to come in and assess properties and enforce the Athens City code ordinances. He also stated that he would like to add a motion to spin-off the Athens City Police Dept, Athens Utilities, Athens Fire Dept, and Athens City Schools so that they are their own entities and can make their own decisions, and employees can start being paid what they are worth and not be a continuous training ground for other municipalities. Mr. Schulte noted that Hine Street is in need of repair. Mae Davis, 1201 Plainview Circle, Athens, addressed the City Council regarding the migrants. Ms. Davis stated that it isn’t just Haitians that are moving here but that all sorts of people are moving in around the United States and that it is something that everyone will have to deal with until something is done about it. * * * 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