City Council

October 28, 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 October 28, 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 Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Councilmember Seibert was absent. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Councilman Harper offered the invocation. Mayor Marks led the Pledge of Allegiance. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the October 21, 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 Lucas and was unanimously carried. Mayor Marks noted that the Storytelling Festival had a beautiful week for their annual event. The Mayor then thanked Council President Henry for her service over the past year and stated that he looks forward to working with the Council in the upcoming year. Councilman Wales and Councilman Harper thanked Council President Henry and Council President Pro Tem Lucas for their service and remarked that they look forward to working with them over the next year. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/-12.5 ACRES (JC DEVELOPMENT COMPANY, LLC) OF PROPERTY LOCATED DIRECTLY WEST OF I65, AND APPROXIMATELY 2000' NORTH OF U.S. HIGHWAY 72 EAST (PARCEL#; A PORTION OF 44-10-02-10-3-000- 014.000) FROM R-1-5 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, addressed the City Council and stated that the Planning Commission and staff had no issues with the rezone. The public hearing was closed. Councilman Harper introduced the following ordinance: AN ORDINANCE TO REZONE +/- 12.5 ACRES (JC DEVELOPMENT COMPANY, LLC) OF PROPERTY LOCATED DIRECTLY WEST OF I65, AND APPROXIMATELY 2,000’ NORTH OF U.S. HIGHWAY 72 EAST (PARCEL #: A PORTION OF 44-10-02-10-3-000-014.000) FROM R-1-5 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2024 - 2344 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-1-5 (Single Family Attached Residential District) to R-1-3 (High Density Single Family Residential 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 R-1-3 (High Density Single Family Residential 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 R-1-3 (High Density Single Family Residential 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 THE SOUTHWEST CORNER OF LOT 16 ACCORDING TO THE FINAL PLAT FOR BAINBRIDGE SUBDIVISION PHASE 1 AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE FOR LIMESTONE COUNTY, ALABAMA, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT. THENCE FROM THE POINT OF BEGINNING RUN NORTH 01°05'31" EAST AT A DISTANCE OF 140.01 FEET TO A POINT; THENCE RUN NORTH 88°54'43" WEST AT A DISTANCE OF 37.51 FEET TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 50.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 38.80 FEET, WITH A RADIUS OF 25.00 FEET, WITH A CHORD BEARING OF NORTH 45°32'38" EAST , WITH A CHORD LENGTH OF 35.02 FEET, TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 90.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 39.03 FEET, WITH A RADIUS OF 25.00 FEET, WITH A CHORD BEARING OF NORTH 43°38'24" WEST , WITH A CHORD LENGTH OF 35.19 FEET, TO A POINT; THENCE RUN NORTH 01°37'55" EAST AT A DISTANCE OF 25.01 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 38.80 FEET, WITH A RADIUS OF 25.00 FEET, WITH A CHORD BEARING OF NORTH 45°32'38" EAST , WITH A CHORD LENGTH OF 35.02 FEET TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 90.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 39.27 FEET, WITH A RADIUS OF 25.00 FEET, WITH A CHORD BEARING OF NORTH 43°54'43" WEST , WITH A CHORD LENGTH OF 35.36 FEET, TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 50.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 39.27 FEET, WITH A RADIUS OF 25.00 FEET, WITH A CHORD BEARING OF NORTH 46°05'17" EAST , WITH A CHORD LENGTH OF 35.36 FEET, TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 90.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 39.27 FEET, WITH A RADIUS OF 25.00 FEET, WITH A CHORD BEARING OF NORTH 43°54'43" WEST , WITH A CHORD LENGTH OF 35.36 FEET, TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 25.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 39.22 FEET, WITH A RADIUS OF 25.11 FEET, WITH A CHORD BEARING OF NORTH 46°05'17" EAST , WITH A CHORD LENGTH OF 35.36 FEET, TO A POINT; THENCE RUN NORTH 01°05'17" EAST AT A DISTANCE OF 140.00 FEET TO A POINT; THENCE RUN NORTH 88°54'43" WEST AT A DISTANCE OF 624.13 FEET TO A POINT; THENCE RUN SOUTH 01°05'22" WEST AT A DISTANCE OF 405.00 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 28.08 FEET, WITH A RADIUS OF 150.00 FEET, WITH A CHORD BEARING OF SOUTH 04°16'24" EAST , WITH A CHORD LENGTH OF 28.04 FEET, TO A POINT; THENCE RUN SOUTH 09°38'10" EAST AT A DISTANCE OF 293.76 FEET TO A POINT; THENCE RUN SOUTH 09°38'10" EAST AT A DISTANCE OF 102.18 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 96.24 FEET, WITH A RADIUS OF 300.00 FEET, WITH A CHORD BEARING OF SOUTH 00°26'46" EAST , WITH A CHORD LENGTH OF 95.83 FEET, TO A POINT; THENCE RUN SOUTH 08°44'38" WEST AT A DISTANCE OF 3.03 FEET TO A POINT; THENCE RUN SOUTH 89°26'02" EAST AT A DISTANCE OF 480.91 FEET TO A POINT; THENCE RUN NORTH 00°52'37" EAST AT A DISTANCE OF 41.33 FEET TO A POINT; THENCE RUN SOUTH 88°54'38" EAST AT A DISTANCE OF 77.93 FEET AND BACK TO THE POINT OF BEGINNING, SAID TRACT CONTAINS 12.5 ACRES, MORE OR LESS. ADOPTED and APPROVED this, the 28th day of October, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 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 +/-27 ACRES (DRY CREEK CAPITAL INVESTMENTS, LLC) OF PROPERTY LOCATED DIRECTLY EAST OF U.S. HIGHWAY 31 SOUTH AND APPROXIMATELY 1400' NORTH OF STRAIN ROAD WEST (PARCEL#: 44-10-05-21-0-001-006.000) FROM R-2 (MULTIPLE FAMILY RESIDENTIAL DISTRICT) TO R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, addressed the City Council and stated that the Planning Commission and staff had no issues with the rezone. Jarrod Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding the proposed rezone and stated that considering the proximity of Strain Road, he feels as though no new homes should be built in that area. Cady Stewart, Morell Engineering, addressed the City Council on behalf of the developer of the proposed rezone and stated that it would decrease the density and that improvements for the sewer is already in place. The public hearing was closed. Councilman Lucas introduced the following ordinance: AN ORDINANCE TO REZONE +/- 27 ACRES (DRY CREEK CAPITAL INVESTMENTS, LLC) OF PROPERTY LOCATED DIRECTLY EAST OF U.S. HIGHWAY 31 SOUTH AND APPROXIMATELY 1400’ NORTH OF STRAIN ROAD WEST (PARCEL #: 44-10-05-21-0-001-006.000) FROM R-2 (MULTIPLE FAMILY RESIDENTIAL DISTRICT) TO R-1-3 (HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2024 - 2345 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-2 (Multiple Family Residential District) to R-1-3 (High Density Single Family Residential 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 R-1-3 (High Density Single Family Residential 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 zonedR-1-3 (High Density Single Family Residential 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 THE NORTHEAST CORNER OF LOT 1 OF HELON ESTATES AS RECORDED IN PLAT BOOK J PAGE 177 IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA, SAID POINT ALSO BEING THE POINT OF BEGINNING FOR THE HEREIN DESCRIBED TRACT. THENCE FROM THE POINT OF BEGINNING RUN SOUTH 86°46'37" EAST ALONG A FENCE LINE AT A DISTANCE OF 426.24 FEET TO A CAPPED IRON PIN; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 84°02'37" EAST AT A DISTANCE OF 469.29 FEET TO A POINT; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 01°45'25" WEST AT A DISTANCE OF 284.15 FEET TO A 5/8” REBAR; THENCE CONTINUE ALONG SAID FENCELINE SOUTH 00°46'06" WEST AT A DISTANCE OF 787.07 FEET TO A POINT; THENCE LEAVING SAID FENCELINE RUN NORTH 89°33'37" WEST AT A DISTANCE OF 581.64 FEET TO A POINT; THENCE RUN SOUTH 0°26'23" WEST AT A DISTANCE OF 175.00 FEET TO A POINT; THENCE RUN NORTH 89°33'37" WEST AT A DISTANCE OF 137.36 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET, AN ARC LENGTH OF 115.38 FEET, A CHORD BEARING OF NORTH 67°31'30" WEST, AND A CHORD LENGTH OF 112.55 FEET TO A POINT; THENCE RUN NORTH 45°29'23" WEST AT A DISTANCE OF 48.38 FEET TO A POINT; THENCE RUN SOUTH 44°30'37" WEST AT A DISTANCE OF 260.26 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 136.27 FEET, A CHORD BEARING OF SOUTH 67°28'30" WEST, AND A CHORD LENGTH OF 132.66 FEET; THENCE RUN NORTH 89°33'37" WEST AT A DISTANCE OF 130.72 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY FOR US HIGHWAY 31; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY NORTH 00°26'23" EAST AT A DISTANCE OF 482.87 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE LEAVING SAID RIGHT-OF-WAY RUN SOUTH 88°42'04" EAST AT A DISTANCE OF 301.69 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN SOUTH 88°44'27" EAST AT A DISTANCE OF 94.05 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN SOUTH 88°41'58" EAST AT A DISTANCE OF 79.23 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN NORTH 01°17'08" EAST AT A DISTANCE OF 442.09 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN NORTH 88°41'17" WEST AT A DISTANCE OF 79.35 FEET TO A POINT; THENCE RUN NORTH 01°16'46" EAST AT A DISTANCE OF 209.00 FEET TO A CAPPED IRON PIN STAMPED "DUNIVANT ENGR. CO., CA0044LS”; THENCE RUN NORTH 01°16'29" EAST AT A DISTANCE OF 346.71 FEET AND BACK TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 27 ACRES, MORE OR LESS. SUBJECT TO A 35’ WIDE NATURAL GAS EASEMENT. SAID TRACT ALSO SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS, RESTRICTIONS, AND COVENANTS THAT MAY OR MAY NOT BE OF RECORD. ADOPTED and APPROVED this, the 28th day of October, 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 Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 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. Council President Henry opened the floor for anyone to speak regarding agenda items. Gordon Neeson, 21811 Shipley Hollow Road, addressed the City Council regarding the purchase of pickup trucks and asked if anyone has ever considered purchasing electric vehicles. Mr. Neeson also stated that level 2 destination chargers are needed within the city and would increase business. Jack McDaniel, 1403 Woodside Drive, Athens, addressed the City Council regarding the City's Sportsplex. Mr. McDaniel applauded the efforts of the Cemetery, Parks and Recreation Department personnel and thanked the Council for supporting them. Councilman Wales introduced the following resolutions: 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 $384.09. Brian Daniel 2024 ADEM Surface Water Meeting $384.09 Wetumpka, AL October 15, 2024 - October 16, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on October 28, 2024, that the Council authorizes the amount of $93,773.84 for the purchase of two pickup trucks (2025 Chevrolet Silverado 1500) for the Water Services Department, and the Water Services Director, for and on behalf of the City of Athens, is authorized to purchase these trucks from McSweeney Auto Group. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on October 28, 2024, that the Council authorizes the amount of $84,600.00 to be funded from the Water Services Department operating budget for CSL Services, Inc. to perform flow monitoring assistance in the wastewater collection system for twelve months, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into a master services agreement with CSL Services, Inc. to complete this work. The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALA., to authorize Mayor William R. Marks to enter into a contract with WolfeCo Media for one year, at a cost of $2,250 per month for a total of $27,000, to be funded through a FY2025 General Fund budget amendment to line item, 100.510.82150, Professional Fees. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize Athens Fire and Rescue to purchase three high rise packs from NAFECO at a cost of $8,256. The cost will be paid for by a $7,995 grant from Alabama’s Mountains Rivers & Valley’s RC&D Council, with the remaining $261 coming from AFR’s Capital Fund. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION WHEREAS, the Athens-Limestone GIS Consortium formed by the Memorandum of Understanding for Computer Mapping and Data Management System Participation (MOU) voted unanimously to accept Pictometry International Corporation’s (a member of the EagleView family of companies and herein referred to as “EagleView”) proposal for 2025 Aerial Orthophotography and Oblique Photography; WHEREAS, the City Council finds and determines that the contract authorized by this Resolution is exempt from the Competitive Bid Law because it involves the services of persons possessing a high degree of professional skill, and because the resulting imagery is related to, and has an impact upon, security plans and measures/the security or safety of persons, structures, facilities, and infrastructures; WHEREAS, although exempt from the bid law, the City has engaged in a request for proposal process among a number of known vendors for the aerial imagery, in an effort to collect multiple proposals; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the proposal of EagleView for aerial photography services for the City of Athens in accordance with the MOU. The total cost of providing these services is not to exceed $344,800 and shall be payable over a three year period beginning in fiscal year 2025 as follows: Share Total Cost City of Athens General Fund 23.4% $ 80,683.20 Athens Water & Sewer Dept. 7.6% $ 26,204.80 Athens Gas Dept. 7.6% $ 26,204.80 Athens Electric Dept. 7.6% $ 26,204.80 Other GIS Consortium Members 53.8% $ 185,502.40 100.00% $344,800.00 The funding will be from the unallocated 2023 General Fund Surplus and the Utilities Operating Budget. Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Lucas, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the attached organizational chart for the Gas Department, which includes which includes the following 41 full-time positions:  1. Gas Services Director 2. Assistant Gas Services Director 3. Operations Superintendent 4. Construction Supervisor (4) 5. Gas Measurement Supervisor 6. Manager Operations Support and Compliance 7. Operations Support and Compliance Coordinator 8. GIS Technician 9. Gas Pipeline Inspector (2) 10. Construction Crew Leader (3) 11. Service Installers I/II (11) 12. Heavy Equipment Operators (3) 13. Measurement Technicians (6) 14. Locator Technicians I/II (3) 15. Administrative Assistant 16. Building Maintenance Worker I/II The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the job descriptions listed below for the Gas Department:  Construction Crew Leader, Job Description dated 5.6.2024  Operations Support and Compliance Coordinator, Job Description dated 9.15.2024  Manager Operations Support and Compliance, Job Description dated 9.15.2024 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2024 - 2346 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: 10/29/2024. Add the following job title to the list of positions for the Gas Department: (1) Construction Crew Leader (2) Operations Support and Compliance Coordinator (3) Manager Operations Support and Compliance Delete the following job titles from the list of positions for the Gas Department: (1) Service Installer Crew Leader (2) Heavy Equipment Operator Crew Leader (3) GIS Regulatory Supervisor ADOPTED and APPROVED this, the 28th day of October, 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 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 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 update the Electric Department in accordance with the attached organizational chart, which includes 85 full-time, 2 part-time, and 3 intern positions.  Electric Services Director  Assistant Director of Electric Services  Fleet Manager  Installation Inspector  Operations/Compliance Supervisor  Building Maintenance Worker (2)  Dispatcher (6)  Chief Mechanic  Mechanic I/II/III  Electric Distribution Supervisor  Assistant Electric Distribution Supervisor  Right of Way Manager  Right of Way Technician (2)  Line Crew (35)  Substation Supervisor  Substation Maintenance Crew (12)  AMI Metering Technician (2)  Construction Engineer  Assistant Construction Engineer  Staking Technician (3)  CAD Operator  Locator Technician (3)  Electrical Distribution Engineer  Electrical Engineer (2)  Engineering Technician  GIS Administrator  AMI System Manager   Part Time Dispatcher (2)  Intern/Co-Op (3) The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the job description listed below for the Electric Department:  Mechanic I/II/III; Job description created 8.13.2024 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2024 - 2347 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a master classification plan for employees is hereby amended to be effective: 10/29/2024. Add the following job title to the list of positions for the Electric Dpt. (4) Mechanic I/II/III ADOPTED this the 28th day of October, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 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 - 2015 A RESOLUTION PROPOSING AMENDMENTS TO THE ZONING ORDINANCE CONCERNING SHORT- TERM RENTALS _____________________________________________________________________ WHEREAS, § 2.5.1 of the City’s Zoning Ordinance states that “[p]roposed amendments to the text of the Ordinance may be initiated by the Council”; WHEREAS, through this Resolution, the City Council proposes to amend the Zoning Ordinance of the City of Athens, Alabama to impose reasonable regulations as to location and use of short term residential rentals; WHEREAS, per Alabama law, the City Council understands that, upon the adoption of this Resolution, this proposed amendment will be submitted to the Planning Commission for its review and recommendation upon a public hearing, before returning to the City Council for a public hearing and vote on the proposed zoning ordinance amendment; and WHEREAS, the City Council finds and determines that these actions are in the best interest of the public health, safety, order, comfort, and convenience; and recommends these measures pursuant, among other things, to the City’s zoning powers expressed in § 11-52-70, et seq. of the Code of Alabama, and the City’s police powers expressed in § 11-45-1 of the Code of Alabama. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on October 28th, 2024 at 4:30 p.m., as follows: Section 1. The City Council proposes to amend Section 9.2 of the Zoning Ordinance of the City of Athens, Alabama (the “Zoning Ordinance”) in order to add and amend the following definitions:  Short term residential rental. The occupancy, or the making available for occupancy, of a dwelling unit for transient lodging by one party in exchange for compensation, where that party occupies the dwelling unit for a period of 30 continuous days or less. The term “party” as used in this definition shall mean one or more persons who as a single group rents a short term residential rental pursuant to a single reservation and/or payment. The definition of “short term residential rental” shall exclude: (a) dwelling units rented to the same party for more than 30 continuous days, (b) hotels, (c) motels, (d) assisted living facilities, (e) independent living facilities, (f) extended stay facilities, (g) bed and breakfasts, (h) manufactured home parks, (i) group homes, (j) nursing homes, (k) rooming/boarding houses, and (l) Historic Traditional Traditional Traditional Downtown Traditional Neighbor- Neighbor- Neighbor- Neighbor- Traditional Uses (DWTN) Institutional hood hood 3 hood 2 hood 1 Business (TB) (TI) (HN) (TN-3) (TN-2) (TN-1) RESIDENTIAL Refer to sections 4.9 and 4.10 for buildings allowing residential uses within districts. RETAIL Automotive Supply P Bakery, confectionery, P P P P candy, ice cream, delica- tessen, coffee shop Consignment/second- C C P hand/thrift store Construction supplies SE with outdoor storage Gas Station with conve- S nience store General Retail P P P P Grocery/Food Store P P P P P Pharmacy P P P P SERVICE AND OFFICE Automotive/Vehicle P Repair, Minor Brewpub/Taproom C C Check Cashing, Pawn, SE Payday Loan General services (in- P P P P doors, low impact) Laundromats/Dry Clean- P P P P ing Office P P P P P Personal Services P P P P Repair, minor P P P  recreational vehicle parks. A short term rental shall not be treated as a home occupation.  Rooming/boarding house. Any residential building, other than a hotel, motel, or apartment house, or portion thereof, which contains not less than one (1) nor more than six (6) guest rooms and which are designed or intended to be used, let, or hired out for lodging or occupancy by one (1) or more individuals not of the immediate family  living in said residence for compensation whether paid directly or indirectly, and by prearrangement for definite time periods, and which is operated and occupied by the owner and primary occupant of the dwelling.  Lodging. Transient or short-term living accommodations provided by a hotel, motel, extended stay facility, bed and breakfast facility, or through a short-term residential rental. Section 2. The City Council proposes to amend § 4.8 (Uses Permitted by District) of the Zoning Ordinance, as follows: §4.8 USES PERMITTED BY DISTRICT Historic Traditional Traditional Traditional Downtown Traditional Neighbor- Neighbor- Neighbor- Neighbor- Traditional Uses (DWTN) Institutional hood hood 3 hood 2 hood 1 Business (TI) (HN) (TN-3) (TN-2) (TN-1) (TB) Restaurants P P P P Services requiring C C P drive- thru/drive-in Services requiring C outdoor storage Storage/Warehousing C P Lodging Short Term Residential S S S S S S S Rental Hotel P P P Bed and Breakfast refer to Accessory Use section INSTITUTIONAL Assisted Living P P Cemetery P P Club or Lodge, Private P P P Daycare Facilities S S S P Fitness/Exercise Centers P P and Gymnasiums Governmental uses P P P P P P P Institutional, P P P P P Low Intensity Institutional, P P P Medium Intensity Institutional, High P P P Intensity Medical Facilities P P P Parking Lots/Garages, P P P commercial and public Studios P C P Theater P C P INDUSTRIAL Welding, woodworking, P furniture manufacture and machine shops §4.8 USES PERMITTED BY DISTRICT CONT. Historic Traditional Traditional Traditional Downtown Traditional Neighbor- Neighbor- Neighbor- Neighbor- Traditional Uses (DWTN) Institutional hood hood 3 hood 2 hood 1 Business (TI) (HN) (TN-3) (TN-2) (TN-1) (TB) ACCESSORY USES Accessory Buildings/ P P P P P P P Structures Accessory Dwellings S S S S (with or without short term residential rental) Alcoholic Beverage Sales S S S S Bed and Breakfast S S S S SE Family Day Care S S S S Home Occupation, Minor S S S S Home Occupation, Major SE SE SE SE Manufacturing, acces- P P sory to permitted retail use Offices, accessory to a P P P P permitted business use P = Permitted Use, C = Conditional Use, subject to approval by Commission, S = Permitted Use, subject to sup- plemental use regulations in Sec. 3.9.1, SE = Special Exception Use, subject to approval by the BZA (see Sec. 2.5.4). All uses shall be subject to the applicable provisions and limitations of the applicable district. Where in- dicated under the Use Column of the Table, certain Special Exceptions shall also be subject to the applicable Supplemental Use Regulations in Sec. 3.9.1. The uses listed in this table are not exhaustive. The Zoning Official shall determine if a proposed use is sub- stantially similar to or could fall within a category of use listed. If a use is not substantially similar to a use listed in this table, said use shall be deemed “not permitted.” If there is some uncertainty on the part of the Zoning Official as to whether or not a proposed use is substantially similar to a use category, they reserve the right to forward the requested use to the BZA for Special Exception consideration. If the Zoning Official does determine that the use is substantially similar to a use category permitted within a particular district, but is uncertain of the potential impacts on surrounding properties, they reserve the right to forward the request to the Planning Commission for Conditional Use consideration. ()  Section 3. The City Council proposed to amend Section 3.9.1 of the Zoning Ordinance to add Section 3.9.1.Q, as follows: Q. Short Term Residential Rentals. Short Term Residential Rentals are permitted only within the Traditional Zoning Districts as shown by Section 4.8 of this Ordinance (and as temporarily allowed as prior existing nonconforming uses pursuant to Section 3.5), so long as they adhere to all of the following: 1. Each short term residential rental must involve the rental of a dwelling unit in its entirety, and must not involve the rental of only a portion of a dwelling unit. 2. No detached house shall contain more than one short term residential rental. No accessory dwelling shall contain more than one short term residential rental. 3. For purposes of this subsection (Q), an “operator” shall be the person or entity that owns the property on which a short term residential rental is operated, and/or the person that manages and/or operates the short term residential rental. No operator shall offer or operate a short term residential rental without first obtaining and maintaining a valid and unexpired municipal business license. With respect to Chapter 18, Article VII of the Code of Ordinances of the City of Athens, Alabama, the NAICS code to be used for licensing of short-term residential rental is NAICS # 721199 - All Other Traveler Accommodation and the fee schedule for licensing is Schedule 20. 4. The operator of a short term residential rental shall comply with all provisions of the ordinances of the City that pertain to the collection of lodging taxes with respect to the short term residential rental. Lodging taxes (set forth in Chapter 18, Article VI of the Code of Ordinances of the City of Athens, Alabama) shall be required with respect to each short term residential rental. 5. For each short term residential rental, there must be a “local contact person”. For purposes of this subsection (Q), a local contact person is a natural person, physically located within twenty-five (25) miles of the short term residential rental, who is available 24 hours a day/7 days a week, and who is authorized and empowered by the operator of the short term residential rental to handle/respond to complaints, questions, and concerns about the short term residential rental (including any concerns or complaints about the conduct of the occupants of the short term residential rental), who is empowered to discontinue or terminate any rental of the short term residential rental, and who is responsible for the short term residential rental being in compliance with the rules set forth in this subsection (Q). 6. No operator shall engage in the business of offering a short-term residential rental, or obtain/renew a municipal business license associated with such short-term residential rental, without obtaining and maintaining a valid and unexpired zoning certificate for a short term residential rental from the Planning Department, which the Planning Department may issue to an operator upon demonstrating compliance with the requirements of this subsection (Q) and this Zoning Ordinance. Each such zoning certificate shall be valid from January 1 (or such other date during the calendar year on which such certificate is issued) through December 31 of the calendar year in which the certificate is issued. Once obtained, such zoning certificates may be renewed from year to year by the Planning Department upon the renewal of and at the same time that the related municipal business license is renewed. Said certificate must be issued for each short term residential rental. 7. Each application for a short-term residential rental zoning certificate shall contain or include the following information and documentation:  (a) The name, signature, address and telephone number of the owner and operator of the short term residential rental to be associated with the license. (b) If different from the persons identified in (a), the name, address and telephone number of any property manager or property management firm that will be associated with the operation and/or management of the short-term residential rental. (c) The name, address and telephone number (including a telephone number that provides for communication twenty-four hours a day) of the local contact person (who is physically located within 25 miles of the short term residential rental property). (d) The address of the proposed short-term residential rental. (e) An affidavit attesting that there are no delinquent lodging tax liabilities (or related liens) or municipal business license tax liabilities regarding the short-term residential rental or the related property. (f) A statement that the owner and operator of the short term residential rental has read, understands, and will comply with the requirements of this Section 3.9.1.Q. 8. The operator of a short term residential rental shall pay, in advance of the issuance or renewal of a zoning certificate for a short term residential rental, a fee of fifty dollars ($50) for each short term residential rental (plus applicable fees for any Certificate of Occupancy inspections). 9. No short term residential rental zoning certificate will be issued until the Building Official has issued a Certificate of Occupancy with respect to the short term residential rental, indicating that the short term residential rental is in conformity with the requirements of this Ordinance and the applicable Building Codes (although, in the case of existing single family residential structures or accessory dwellings to be used as short term residential rentals, the building code inspection shall be limited to compliance with the applicable minimum requirements for existing residential structures with respect to light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance (or in other words, where the same remains in effect, compliance with the minimum requirements of the International Property Maintenance Code)). 10. An operator of a short term residential rental must report any change in the information shown on the application set forth in subsection 7 above to the Planning Department within fourteen (14) days of the change. Any change in the information set forth in subsection 7(a) shall require a new short term residential zoning certificate. 11. Safety Devices. (a) Each short term residential rental, at a minimum, must have at least one fire extinguisher: (i) in any kitchen area, located under the sink; (ii) in any garage, mounted on the wall no higher than forty-eight inches above the finished floor; and (iii) located on each floor level of the short term residential rental, to the extent not otherwise covered by (i) and (ii). Each fire extinguisher shall have a current service tag from a State of Alabama Fire Marshal-certified contractor. (b) All sleeping rooms in a short term residential rental shall be equipped with operational smoke alarms and shall be installed in accordance with applicable codes.  (c) All short term residential rentals shall have a carbon monoxide alarm installed in accordance with applicable codes. 12. Miscellaneous Rules. (a) The operator of a short-term residential rental shall use reasonably prudent business practices to ensure that the occupants or guests of the rental unit do not create unreasonable noise or disturbances, or otherwise violate applicable laws and ordinances concerning noise. (b) A placard shall be displayed on the interior of each short term residential rental which contains information about the requirements hereunder and which lists the full name, address, and phone number of the local contact person. The placard shall be located at or near the entrance to the short term residential rental in a plain and prominent location. The placard shall be on a form provided by the Planning Department. (c) Trash and refuse shall not be left or stored in public view, except in proper containers for the purpose of collection in accordance with the requirements of City of Athens ordinances. The operator of the short-term residential rental shall be responsible for notifying occupants of trash disposal procedures. (d) Short term residential rentals may only be used for transient lodging (eating and sleeping). No short-term residential rental may be rented or used for weddings, parties, receptions, or similar events that are typically held at a banquet facility or other facility that is made available for the holding of events on a commercial basis. Any use of the short-term residential rental is limited to activities that are incidental to its use for transient lodging purposes. (e) Signs, advertising, or any other display located on the property indicating that a dwelling unit is being utilized as a short term residential rental are prohibited. (f) No food service shall be prepared for or served to a renter by the owner or operator (or the contractor or agent of the same) of the short term residential rental. (g) The minimum age of the principal renter of a short term residential rental shall be 21 years old. (h) The maximum number of occupants permitted on a short term residential rental at any one time shall not exceed ten (10) persons. The maximum occupancy shall be conspicuously posted within the short term rental. (i) No short term residential rental shall be rented or leased for a period of less than twenty-four (24) hours. (j) A short term residential rental that is located in an accessory dwelling must also comply with the supplemental rules set forth in Section 3.9.1.M. 13. A violation of the rules in this Section 3.9.1.Q may be handled as set forth in Article 8, and they may also result in the suspension or revocation of the municipal business license relating to the short term residential rental. Section 4. The City Clerk shall forward a copy of this Resolution to the Planning Commission, so that the commission, as soon as possible, may have a public hearing on this proposed amendment, and then issue its recommendation to the City Council. ADOPTED this the 28th day of October, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Lucas introduced the following ordinance: ORDINANCE NUMBER 2024 - 2348 AN ORDINANCE CONCERNING SHORT-TERM RENTALS _____________________________________________________________________ WHEREAS, short term residential rentals are growing in popularity throughout the United States, and in the City of Athens as well, as a form of transient lodging; WHEREAS, currently, the City’s ordinances do not directly address or define short term residential rentals, leading to some confusion as it relates to business licenses, zoning, lodging taxes, and other issues; WHEREAS, through this Ordinance and other actions, the City Council intends to clarify the City’s ordinances with respect to short term residential rentals, by emphasizing that the operators of these rentals must obtain municipal business licenses and pay lodging taxes; and by crafting reasonable regulations as to appropriate locations and uses that are in the best interest of the community; WHEREAS, in order to allow the City a reasonable opportunity to develop the new regulations and put them into place, and to prevent new short term rentals which may be inconsistent with the pending changes, the City Council intends to impose a temporary moratorium on any new short term residential rentals within the city; WHEREAS, the City Council further intends to require that all existing short term residential rentals within the city register with the Planning Department, and confirm that they are in compliance (or working to compliance) with respect to any applicable business licensing and lodging taxes; and WHEREAS, the City Council finds and determines that these actions are in the best interest of the public health, safety, order, comfort, and convenience; and adopts these measures pursuant, among other things, to the City’s police powers expressed in § 11-45-1 of the Code of Alabama. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on October, 28, 2024, at 4:30 p.m., as follows: Section 1. Definitions. As used in this Ordinance, the following words shall have the following meanings:  Short term residential rental. The occupancy, or the making available for occupancy, of a dwelling unit for transient lodging by one party in exchange for compensation, where that party occupies the dwelling unit for a period of 30 continuous days or less. The term “party” as used in this definition shall mean one or more persons who as a single group rents a short term residential rental pursuant to a single reservation and/or payment. The definition of “short term residential rental” shall exclude: (a) dwelling units rented to the same party for more than 30 continuous days, (b) hotels, (c) motels, (d) assisted living  facilities, (e) independent living facilities, (f) extended stay facilities, (g) bed and breakfasts, (h) manufactured home parks, (i) group homes, (j) nursing homes, (k) rooming/boarding houses, and (l) recreational vehicle parks (as such terms are defined in the City’s Zoning Ordinance). Section 2. Temporary Moratorium on New Short Term Residential Rentals. There shall be no new locations used for short term residential rentals in the city for a period of three (3) months from the effective date of this Ordinance. For purposes of this Ordinance, a new location used for a short term residential rental shall be one that has not previously been rented as a short term residential rental at least three (3) times within the last six (6) months prior to the effective date of this Ordinance, and one that the owner or operator intends to continue using for short term residential rental. Section 3. Reporting of Existing Short Term Residential Rentals. Any and all owners and operators of locations used for existing short term residential rentals within the city shall report the following information to the City’s Planning Department within thirty (30) days of the date of this Ordinance. A location used for an existing short term residential rental shall be one that has previously been rented as a short term residential rental at least three (3) times within the last six (6) months prior to the effective date of this Ordinance, and one that the owner or operator intends to continue using for short term residential rental. The report to the Planning Department shall contain the following information: (a) The name, signature, address and telephone number of the owner and operator of the short term residential rental. (b) If different from the persons identified in (a), the name, address and telephone number of any property manager or property management firm that is associated with the operation and/or management of the short-term residential rental. (c) The name, address, and telephone number (including a telephone number that provides for communication twenty-four hours a day) of a local contact person for the short-term residential rental. (d) The address of the short-term residential rental. (e) An affidavit attesting that there are no delinquent lodging tax liabilities (or related liens) or municipal business license tax liabilities regarding the short-term residential rental or the related property, or if there are, documentation demonstrating that the operator of the short term residential rental is in the process of bringing the short term residential rental into compliance with the same.  Section 4. Overdue Business License Taxes and Lodging Taxes for Short Term Residential Rentals. Any and all owners and operators of locations used for existing short term residential rentals within the city that report their information to the City’s Planning Department as provided for in Section 3, and that come into compliance with such business licensing tax and lodging tax liabilities during the thirty (30) day reporting period (set forth in Section 3), or initiate such compliance efforts as determined by the Mayor, shall not pay any penalties or late fees to the City with respect to the same. Section 5. Amendment of Business License Code. Section 18-324(34) of the Code of Ordinances of the City of Athens, Alabama (relating to business license fee schedules) is hereby amended to read as follows: (34) RENTING AND/OR LEASING—Each person engaged in the business of renting or leasing real or personal property to others, including, but not limited to apartments, office space, buildings, houses, office furniture and equipment, shall pay a license tax based on gross receipts as follows: ..... Less than $25,000.00 .....50.00 All over $25,000.00 .....50.00 + .0015 over [$]25,000.00 Excluded in this schedule is one residential rental property (Note that short term residential rentals do not fall under this schedule. The NAICS code to be used for licensing of short- term residential rental is NAICS # 721199 - All Other Traveler Accommodation and the fee schedule for licensing is Schedule 20.) Section 6. Amendment of Business License Code. Section 18-324(20) of the Code of Ordinances of the City of Athens, Alabama (relating to business license fee schedules) is hereby amended to read as follows: (20) HOTEL AND MOTEL—Any person engaged in the hotel, motel, or similar business (including short term residential rental) shall pay an annual license tax as follows: ..... Less than $25,000.00 .....75.00 Over $25,000.00 .....75.00 plus $1.00 per thousand in excess of $25,000.00 Section 7. This Ordinance shall go into effect immediately upon its adoption and publication, except for Sections 5 and 6, which shall go into effect on January 1, 2025. Section 8. 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 9. 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 28th day of October, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 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 Wales introduced the following resolution: RESOLUTION NUMBER 2024 - 2016 A RESOLUTION FOR THE CITY OF ATHENS TO ENTER INTO A CONTRACT TO PURCHASE MOBILE APPLICATION SOFTWARE FOR THE POLICE DEPARTMENT WHEREAS, on September 16, 2024, the City Council of the City of Athens, Alabama approved the proposal of Southern Software, Inc. to provide Dashboard Analytics, Computer Aided Design (CAD) and Mobile Data Information System (MDIS) software for the Police Department for a cost of $54,865, including project management, installation, training and three (3) years of software support; WHEREAS, this software will allow police officers in the field the ability to access CAD from their in-car computers and to view, manage and create calls for service, thereby providing a valuable benefit not only for the police officers but also for the City’s communications officers; WHEREAS, Southern Software, Inc. has provided a proposal to provide Mobile Application Software for up to 20 mobile devices for a period of three years at a cost of $11,250; WHEREAS, this mobile application software will enable police officers to access the Computer Aided Design (CAD) software from their mobile devices; WHEREAS, 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;  WHEREAS, the City of Athens Police Department recommends that the proposal of Southern Software, Inc. in the amount of $11,250, be accepted and be funded with American Rescue Plan Act (ARPA) funds. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that: Section 1. The contract for the purchase of the software described above shall be entered into by the City in the amount of $11,250, to be funded with American Rescue Plan Act funds. Section 2. Chief Anthony Pressnell, in his capacity as Police Chief, is authorized, on behalf of the City of Athens, to sign the above-referenced contract for the purchase and installation of the software by Southern Software, Inc. He is further authorized to carry out the terms of such contract, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. Section 3. This resolution shall become effective immediately upon its adoption. ADOPTED this the 28th day of October, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Lucas, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers 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 - 2017 A RESOLUTION APPROVING THE ADDITION OF CAMERAS TO ATHENS SPORTSPLEX AND OTHER CITY FACILITIES WHEREAS, the City Council desires to improve the safety and security of City facilities in order to maximize the physical safety of both citizens and City personnel by adding cameras to both City buildings and the City’s sportsplex; WHEREAS, this project will include the addition of twenty-six (26) cameras at various locations around the Sportsplex, to include the addition of microwave network links from the Recreation Center to each of the field pods and additional wi-fi access points to each of the pods, increasing the capacity of both employee and public internet access from the Sportsplex;  WHEREAS, this project will also include an additional fifteen (15) cameras spread across 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 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; 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 October 28TH, 2024 at 4:30 p.m., as follows: 1. The Information Technology Director is authorized to enter into a contract with C-Spire for $80,451.51 for cameras, access points, licenses and mounting hardware for forty-one (41) cameras, seven (7) small network switches, six (6) wireless access points and various adapters and cables. 2. The Information Technology Director is further authorized to expend additional funds for various equipment, including microwave transmitters, fiber SPFs and other miscellaneous equipment, including a provision for incidentals and contingencies, in an amount not to exceed $10,000, bringing the total project cost to an estimated $90,451.51 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 28th day of October, 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 Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers 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 - 2018 A RESOLUTION CONCERNING THE COMMITMENT OF ARPA FUNDING FOR PARK IMPROVEMENTS  WHEREAS, the City Council desires to make additional improvements to Robert Allen Tinnon Park and the City Sportsplex, including the addition of batting cages at each of these parks; 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 October 28TH, 2024 at 4:30 p.m., as follows: 1. The Cemetery, Parks and Recreation Director is authorized to accept the proposal from Huntsville Fence Company to install two (2) sets of batting cages, which will include two (2) batting cages at Robert Allen Tinnon Park and two (2) batting cages at the City Sportsplex for a total cost of $28,520. 2. The Cemetery, Parks and Recreation Director is further authorized to expend up to $5,000 for construction of the concrete pads for the batting cages. The construction of these pads will be performed by City employees. 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 28th day of October, 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 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 resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2024 - 2019 A RESOLUTION APPROVING THE PURCHASE OF A METAL DETECTOR FOR CITY HALL WHEREAS, the City Council desires to improve the safety and security of City facilities in order to maximize the physical safety of both citizens and City personnel by purchasing and installing a metal detector at City Hall;  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 October 28th, 2024 at 4:30 p.m., as follows: 3. The Mayor is authorized to purchase a metal detector from Grainger at a cost not to exceed $6,000. 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 28th day of October, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers 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 - 2020 A RESOLUTION APPROVING PURCHASE OF FIREPROOF CABINET WHEREAS, the City Council desires to provide City departments with furnishings and equipment necessary for providing city services and safeguarding city assets and records; WHEREAS, the Cemetery, Parks and Recreation department is in need of an additional fireproof filing cabinet for storing documents and records; WHEREAS, the expenditure for these services 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 October 28TH, 2024 at 4:30 p.m., as follows: 1. The Cemetery, Parks and Recreation Director is authorized to purchase a fireproof filing cabinet in an amount not to exceed $7,700.  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 28th day of October, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers 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 resolution. 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, as follows: James E. Lucas is hereby elected as President of the City Council for a term of November 4th, 2024 through October 31st, 2025. The motion was seconded by Councilman Harper and was carried with three yeas and one abstention by Councilman Lucas. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: Wayne Harper is hereby elected as President Pro Tem of the City Council for a term of November 4th, 2024 through October 31st, 2025. The motion was seconded by Councilman Lucas and was carried with three yeas and one abstention by Councilman Harper. At the conclusion of business, Council President Henry opened the floor for public comment. Barbara Crafton, 15736 Kings Drive, Athens, addressed the City Council to thank Mayor Marks and Public Works for paving Kings Drive. Mrs. Crafton stated that their subdivision is safer with frequent police patrols and thanked Chief Pressnell and all of the officers that protect them. Dean Crafton, 15736 Kings Drive, Athens, addressed the City Council regarding several remarks that have been made at previous meetings regarding Haitian immigrants. Mr. Crafton remarked that citizens should ask questions of the government as to how money is being spent and advised everyone to do their research regarding immigration policy. Jarrod Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding Strain Road and asked Mayor Marks for clarification of the possible project. Mr. Schulte thanked Councilman Wales for his passion regarding short-term rentals and stated that he doesn’t believe that it is needed. He also expressed his concern regarding code enforcement of such rentals. Mark Wilson, 18042 North Jefferson Street, Athens, addressed the City Council regarding the condition of houses in his community. Mr. Wilson stated that Westmoreland is too narrow for emergency personnel and that Jimmy Gill Park lacks access by sidewalks. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn the meeting. The motion was made by Councilman Wales and was seconded by Councilman Harper. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK