City Council

December 16, 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 December 16, 2024 at 4:30 p.m. The meeting was called to order by Councilman Lucas, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, James E. Lucas, Dana Henry and Wayne Harper. Councilman Wales 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 December 9, 2024 City Council Meeting and Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilwoman Henry and was unanimously carried. Mayor Marks turned the floor over to Shane Black, City Attorney, to give an update regarding state funding for the public library. Mr. Black stated that the Alabama Public Library Service (called “APLS”) required that libraries adopt policies focused on ensuring that inappropriate materials are not located in the children/juvenile sections of the library, and this requirement was tied to state funding. Although our local library didn’t have a problem with those kinds of materials here, that’s a goal that I know we all support. The City has confirmed with APLS, and is glad to see, that this year our local library board timely adopted changes to its policies ensuring that inappropriate materials are not located in the children sections, and that there are no issues with its state funding. The library board adopted new policies before the new regulations went into effect. Then, it made some small tweaks to the policies at APLS’ suggestion. APLS advises that our local library board moved faster than many boards in addressing these issues. For example, APLS advised us earlier today that currently a little less than 30 libraries have not submitted any policy changes, and remain ineligible for state library funds. And another 20-25 are now in the process of having their policies reviewed. As to the joint library board issue, the City and the County are working toward the formation of a joint library board, with members appointed by both the city and county commission. Both the County Commission and the City Council have expressed support for this, and the attorneys/staff have been working together on that project. The City expects this to happen within the next few weeks. Mayor Marks then introduced Mr. Hannah with the Sons of the American Revolution. Firefighter Levi Smith and Captain Tommy Lewis were recognized for their bravery and selflessness in rescuing several people during a structure fire in August 2024 and were presented with a firefighter accommodation award. Council President Lucas remarked that he is very proud of our Fire Department. Mayor Marks then introduced Chad Vining, Recreation Program Administrator, Carrie Moss, Recreation Supervisor, and Kalie Brewer, Recreation Coordinator for the presentation of certificates of recognition for the following coaches and players for winning ARPA state championships: 8U Boys – Coach Eric Tanner, Asher, Christensen, Benny Davis, Michael Martinez, Luis Morales, Josiah Moss, Brandon Ocampo, Karson Penner, Jacob Pimentel, Luke Everett Tanner, and Hugo Vargas – 8U Girls – Coach Troy McGuire, Sophi Dean, Marlee Hill, Paige Lebarron, Briley McGuire, Caroline Olivia Norton, Alexandria Perez, Elliot Pirtle, Camila Ramirez, Brianna Tomas, and Aubrey Winton – 10U Boys – Coach Luis Leon, Larry Hernandez, Brayan Leon, Giovanni Leon, Erick Martinez, Tony Neloms II, Jayden Pereyda, Caleb Peoples, Joel Silvar, Ryan Walker Tanner, and Enzo Vega – 12U Boys – Coach Chris Rouse, Thomas Arnold, Trevor Arnold, Bently Boyd, Pedro Cortes, Mateo Galvan, William Martinez, Alan Eduardo Ocampo, Sebastian Perez, Nekolai Westin Toney, Memphis Tribble, William Vega, and John Vicente. Shane Black, City Attorney, wished everyone a Merry Christmas and asked the Lord to bless them all. Councilman Seibert congratulated the firefighters and all of the soccer teams. He wished everyone a Merry Christmas. Councilwoman Henry congratulated Athens Main Street on the Sippin Cider Festival that drew hundreds of people into town. Councilman Harper congratulated the firefighters and soccer teams on their awards. Council President Lucas wished everyone a Merry Christmas and congratulated the firemen and soccer teams on their accomplishments. Mr. Lucas praised the Parks and Recreation Department employees for their hard work with the growth of the programs. Mayor Marks congratulated Councilwoman Henry on her 78th anniversary with Hyatt & Sims. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 701 N. MADISON STREET Erik Waddell, Chief Building Inspector, addressed the City Council regarding the proposed resolution and recommended approval. Mayor Marks stated that the City has been successful in the last 10 to 15 years tearing down abandoned and unsafe structures. He remarked that approximately 80% of the costs were absorbed by the property owners. The public hearing was closed. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 2037 A RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 701 N MADISON 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. 2023-1879, 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: 701 N Madison Street, Athens, AL 35611 PARCEL # 10-03-05-4-003-018.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: The South Half of Lot Nos. 1 and 2 of Block No. 7, according to Map #2 of the Fairview Addition to Athens, Alabama, according to the map recorded in Plat Book A, Page 51 in the Office of the Judge of Probate of Limestone County, Alabama. (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: Johnnie W. Clinard, Sr.; Sara R. Clinard; Gerald D. Clinard; Rebecca M. Rainey; Rebecca M. Rainey; and the Alabama Medicaid Agency, and/or 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. 2023-1879, the City Clerk has presented this City Council with the report of Erik Waddell, the appropriate municipal official, (attached hereto as Attachment 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 December 16th, 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 Attachment 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 $15,201.70 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 February 2, 2023, in RLPY Book 2023, Page 6846 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 16th day of December, 2024. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A REPORT TO ATHENS CITY COUNCIL OF THE COST OF DEMOLITION OF STRUCTURE ON 701 N MADISON STREET To: Athens City Council, Athens City Clerk This report of the costs associated with the demolition of a structure at 701 N Madison Street, Athens, Alabama, shall be submitted to the Athens City Council at a regular meeting at 4:30 P.M. on December 16, 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. 2023- 1879, dated April 10, 2023. The City of Athens, Alabama incurred the following costs associated with the demolition of the unsafe structure: Certified Mail/Mail Notice Costs $ 41.10 Lis Pendens Filing Fee $ 23.00 Publication Costs (Athens News Courier) $ 276.60 Title Search $ 158.00 Legal Fees $ 703.00 Demolition Costs (demolition) $ 14,000 ____________________________________________ GRAND TOTAL: $15,201.70 Respectfully submitted by: Erik Waddell Appropriate Municipal Official The motion was seconded by Councilwoman Henry and was unanimously carried. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE AMENDING THE CITY OF ATHENS ZONING ORDINANCE Erin Tidwell, City Planner, addressed the City Council regarding the proposed ordinance and recommended approval. The public hearing was closed. Councilman Seibert introduced the following ordinance: AN ORDINANCE AMENDING THE ATHENS ZONING ORDINANCE STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2024 - 2355  WHEREAS, the Planning Commission of the City of Athens, Alabama (the “Commission”) proposes that the Athens City Council further amend Ordinance Number 2017-2016 with amendments 2019-2079, 2020-2140, 2021-2058, 2021-2167, 2023-2268, 2023-2298, 2024-2300 the Zoning Ordinance of the City of Athens, Alabama (the “Zoning Ordinance”); WHEREAS, at its regular meeting on November 19, 2024, and after a public hearing, the Planning Commission issued its final report and recommendation that the Athens City Council amend Ordinance No. 2017- 2016, the Zoning Ordinance of the City of Athens, Alabama (the “Zoning Ordinance”) as set forth herein; WHEREAS, after having received and considered the information from a public hearing, and having fully deliberated these matters, the City Council desires to amend the Zoning Ordinance as set forth herein; and THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on December 16, 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) 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 the short-term residential rental of a dwelling unit. 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 Histori Traditio Traditio Traditio Downto Traditional c nal nal nal Traditiona Uses wn Institutional Neighb Neighbo Neighbo Neighbo l Business (DWT (TI) or- r- hood r- hood r- hood (TB) N) hood 3 (TN- 2 (TN- 1 (TN-1) (HN) 3) 2) RESIDENTIAL Refer to sections 4.9 and 4.10 for buildings allowing residential uses within districts. RETAIL Automotive Supply P Bakery, P P P P confectionery, candy, ice cream, delica- tessen, coffee shop Consignment/second C C P - hand/thrift store Construction SE supplies with outdoor storage Gas Station with S conve- 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, SE Pawn, Payday Loan General services (in- P P P P doors, low impact) Laundromats/Dry P P P P Clean- ing Office P P P P P Personal Services P P P P Repair, minor P P P Historic Traditio Traditio Traditio Downto Traditional Neighb nal nal nal Traditional Uses wn Institutional or- Neighbo Neighbo Neighbo Business (DWT (TI) hood r- hood 3 r- hood r- hood (TB) N) (HN) (TN-3) 2 (TN-2) 1 (TN-1) Restaurants P P P P Services requiring C C P drive- thru/drive-in Services C requiring outdoor storage Storage/Warehousing C P Lodging Short Term S S S S S S S Residential Rental Hotel P P P Bed and Breakfast refer to Accessory Use section INSTITUTIONAL Assisted Living P P Cemetery P P Club or Lodge, P P P Private Daycare Facilities S S S P Fitness/Exercise P P Centers 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, P P P High Intensity Medical Facilities P P P Parking P P P Lots/Garages, commercial and public Studios P C P Theater P C P INDUSTRIAL Welding, P woodworking, furniture manufacture and machine shops §4.8 USES PERMITTED BY DISTRICT CONT. Histori Traditio Traditio Traditio Downto Traditional c nal nal nal Traditiona Uses wn Institutional Neighb Neighbo Neighbo Neighbo l Business (DWT (TI) or- r- hood r- hood r- hood (TB) N) hood 3 (TN- 2 (TN- 1 (TN-1) (HN) 3) 2) 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 S S S S Sales Bed and Breakfast S S S S SE Family Day Care S S S S Home Occupation, S S S S Minor Home Occupation, SE SE SE SE Major Manufacturing, P P acces- sory to permitted retail use Offices, accessory to P P P P a 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, occupancy limits, 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)). However, the maximum occupancy of the short term residential rental shall not exceed the limitations set forth in Section 12 below, and any Certificate of Occupancy shall not allow for a greater number for the short term residential rental use. 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. If, due to the application of other codes and ordinances of the City, the maximum allowable occupancy is less than ten (10) persons, then such lower number shall be posted. (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. (k) The operator of a short term residential rental shall maintain a written log of all of its principal renters (name and other contact information), and shall make the same available to the City upon its request. 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. ADOPTED and APPROVED this, the 16th day of December, 2024. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, 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 Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Harper seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, 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 Lucas opened the floor for public comments regarding agenda items. Amanda Shulte, 1036 West Washington Street, addressed the City Council regarding Shane Black’s comments pertaining to the joint resolution for the public library board. Mr. Black remarked that the City has been working with the County and that a resolution should be made very soon. Councilman Seibert introduced the following resolutions: 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: Brett Mansfield Smoke Diver Class November 18-22, 2024 $ 425.00 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for the specified Water Services employee in the total amount of $1,878.43. Eric Morell VT Scada Class $1,878.43 Orlando, FL December 2-6, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for the following personnel of the Building Department: Erik Waddell NFPA Building Official Forum $181.34 Quincy, MA December 3-5, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve purchase and implementation from NISC Inc, for CIS software for an amount not to exceed $492,500.00.  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “SPECIAL EVENTS Retail On Premises Consumption” alcohol license. Athens Limestone Hospital Foundation Event: Starlite Ball Special Event Location: 114 Pryor Street Athens, AL 35611 Event Date: December 31, 2024 The motion was seconded by Councilman Harper and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2024 - 2038 A RESOLUTION CONCERNING THE COMMITMENT OF ARPA FUNDING FOR BIG SPRING PARK IMPROVEMENTS WHEREAS, the City Council desires to make improvements to Big Spring Park, consisting of the installation of a five (5) foot tall steel fence along the east perimeter of the park serving as a barrier between the park and East Street; 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 December 16TH, 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 for the purchase and installation of the fence reference above at a cost of $7,250. 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 16th day of December, 2024. /s/ James E. Lucas 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, 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 Seibert, 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 - 2039 A RESOLUTION APPROVING THE PURCHASE OF A DATA LICENSE WHEREAS, Urban SDK has provided a proposal to provide traffic volume, speed, delay, and congestion data for every roadway in the City of Athens; WHEREAS, Urban SDK has provided a quote for the access referenced above at a cost not to exceed $26,950.00, to be purchased as professional services, including implementation, configuration, training and integration with the Engineering Department; WHEREAS, the City evaluated and priced three different services to provide the same quality and quantity of data and in an effort to reduce personnel and consultation costs and chooses this service as cost conscious big data alternative. WHEREAS, acquiring this license that enable the City’s various services to the general public, long range forecasting and protocols that are necessary for safety, capacity, and transportation planning; WHEREAS, the expenditure for this service 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 December 16TH, 2024 at 4:30 p.m., as follows: 1. The City Engineer is authorized to enter into a contract with Urban SDK for an amount not to exceed $26,950.00 for data, one year of licensing and fees, and professional services, including implementation, configuration, training and integration with the Engineering Department. The contract is for an initial term of 12 months. 2. The funds in support of this Resolution (and the expenditure in #1 above) are authorized to be expended from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds. ADOPTED this the 16th day of December, 2024. Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 16, 2024, that the Council authorizes the amount of $18,732.65 for a Trimble Model R12i GPS unit from Duncan & Parnell, and the Water Services Director, for and on behalf of the City of Athens, is authorized to purchase this item. 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, 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 Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on December 16, 2024, that the Council authorizes the additional amount of $43,678.00 to be funded from the Water Services Department cash reserves for Amendment 2 to the Schoel Engineering agreement for the Lakewood Regional Lift Stations, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to execute Amendment 2 to the existing consulting agreement with Schoel Engineering for these support services. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2024 budget amendment:  Capital Expenditure Fund – Departmental Capital Requests TBD $ 2,500,000 The funding for these expenditures will be from the FY 2024 general fund budget surplus through a 9/30/2024 budget amendment to the following line item: 100.527.90112 – Transfers Out – Capital Expenditure Fund $ 2,500,000 Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Seibert seconded the motion to adopt the 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 Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 2040 A RESOLUTION CONCERNING 2024-25 MUNICIPAL APPROPRIATIONS FOR VARIOUS GOVERNMENTAL AGENCIES AND PURPOSES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds for governmental purposes and governmental entities who serve various public purposes benefitting the citizens of Athens; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 16, 2024 at 4:30 p.m., as follows: 1. The Mayor or City Clerk is directed to appropriate $ 135,000 to the Athens Limestone Public Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to appropriate $ 30,000 to the Houston Memorial Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. The Mayor or City Clerk is further authorized to expend up to $ 10,000 in connection with the maintenance of the public library and museum. 3. The Mayor or City Clerk is directed to appropriate $ 25,000 to the Healthcare Authority of Athens & Limestone County, to assist in funding its operation of a transportation program available to city residents in need of kidney dialysis treatment. The Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to appropriate a one-time allocation of $ 6,000 to Athens State University, as a contribution toward the construction of the Vietnam Healing Wall project. The Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED this the 16TH day of December, 2024. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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 Seibert, 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 Henry introduced the following resolution: RESOLUTION NUMBER 2024 - 2041 A RESOLUTION CONCERNING 2024-25 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to promote the economic and industrial development of the municipality; to develop, advertise, and promote the resources of the municipality; and to advertise the municipality and any function or undertaking of the municipality, pursuant to § 11-47-9 and § 11-47-11 of the Code of Alabama, and other authorities;  WHEREAS, the City of Athens is authorized by law to maintain the health and cleanliness and the City; and improve its public parks, grounds, and boulevards, pursuant to § 11-47-130 and § 11-47-19 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to safeguard the public health and promote sanitation within the corporate limits of the municipality; to make appropriations for public health work; and to make appropriations to aid hospitals, rehabilitation centers, and other related health care institutions in maintaining and taking care of the sick and wounded, pursuant to § 22-3-11 and § 22-21-2 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 16, 2024 at 4:30 p.m., as follows: 1. The Mayor or City Clerk is directed to enter into a contract with the Boys & Girls Clubs of North Alabama, in such form and manner that is acceptable to the same, whereby the City will pay $25,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs made available and open to the youth of the City. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Tourism Association, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $ 110,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. In addition, the City will also pay a one-time appropriation of $15,000 in support of the Tri-State Conference Athens has been selected to host in 2025. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 3. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Beautification Board, in such form and manner that is acceptable to the same, whereby the City will pay $ 7,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to enter into a contract with Keep Athens Limestone Beautiful (KALB), in such form and manner that is acceptable to the same, whereby the City will pay $27,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 5. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone County Family Resource Center, in such form and manner that is acceptable to the same, whereby the City will pay $ 20,000 as an appropriation that is intended to assist in funding its operation of educational activities, recreational activities, social services and programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 6. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Learn-To-Read, in such form and manner that is acceptable to the same, whereby the City will pay $10,000 as an appropriation that is intended to assist in funding its operation of educational activities programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 7. The Mayor or City Clerk is directed to enter into a contract with the Athens Main Street, in such form and manner that is acceptable to the same, whereby the City will pay $ 50,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 8. The Mayor or City Clerk is directed to enter into a contract with the Mental Health Center of North Central Alabama, Inc. in such form and manner that is acceptable to the same, whereby the City will pay $ 22,000  as an appropriation in exchange for public health work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 9. The Mayor or City Clerk is directed to enter into a contract with the Alabama Veteran’s Museum, in such form and manner that is acceptable to the same, whereby the City will pay $ 20,000 as an appropriation in exchange for activities concerning the operation and maintenance of the Alabama Veteran’s Museum, to the end of making it available and open to the public. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 10. The Mayor or City Clerk is directed to enter into a contract with The ARC of Alabama, Inc. (Athens/Limestone ARC), in such form and manner that is acceptable to the same, whereby the City will pay $ 8,500 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs for persons in the City with cognitive, intellectual, and developmental disabilities. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 11. The Mayor or City Clerk is directed to enter into a contract with The Athens-Limestone Community Association, in such form and manner that is acceptable to the same, whereby the City will pay $20,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, educational, social and cultural facilities, services and programs for the Citizens of Athens. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 12. The Mayor or City Clerk is authorized to expend up to $ 7,000 in connection with operating costs of the Retired and Senior Volunteer Program (R.S.V.P.) transportation services program for the elderly of the City. ADOPTED this the 16th day of December, 2024. /s/ James E. Lucas 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, 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 Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Council President Lucas opened the floor for public comments. Tim Colling, 22686 Regent Drive, addressed the City Council and praised the Police Department and Fire Department regarding an incident that occurred in his neighborhood. Mr. Colling then asked for the definition of “rules suspension.” Mayor Marks explained the process to Mr. Colling. Amanda Schulte, 1036 W. Washington Street, Athens, addressed the City Council regarding the purchase of PNC Bank and wanted to know the plans for the building. Mrs. Schulte then advised that the City needs to have a better way of allocating money. Mark, Wilson, 1804 N. Jefferson Street, Athens, addressed the City Council with questions for Jimmy Junkin, Water Services Manager, and asked how much money has been spent for sewer lines in “North Town.” Mr. Wilson then inquired about how much money has been spent in his community for sewer, District 5. Mayor did not readily have the amount. He also asked why there were traps and that it was unsafe for the community. Mayor Marks advised him to bring his list of concerns to the Mayor’s Office. Jarrod Schulte, 1036 W. Washington Street, Athens, addressed the City Council regarding the attorney general opinion concerning building inspection reports and Mayor Marks informed him that the City was still waiting also. Mr. Schulte also inquired about his request for copies of building permits. Mayor Marks remarked that the City would respond in the legal amount of time. * * * There being no further business to come before the meeting, Council President Lucas asked for a motion to adjourn the meeting. The motion was made by Councilman Seibert and was seconded by Councilman Harper. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK