City Council

February 10, 2025 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 February 10, 2025 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. Councilmember Harold Wales was absent. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Councilwoman Henry offered the invocation. Mayor Marks was joined by Athens Masonic Lodge #16, Swan Creek DeMolay, in leading the Pledge of Allegiance. Members present were PJ Baldo, David Baldo, Braxton Cantrell, Ky Clark and Phillip Baldo. 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 January 27, 2025 City Council Meeting and Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Harper and was unanimously carried. Mayor Marks remarked that the Chocolate Walk was a great success over the weekend. He then turned the floor over to Phillip Baldo, Swan Creek DeMolay, for an overview of their organization. Councilman Seibert announced that the hospital has several tickets available for the Starlite Ball and congratulated Reed Blankenship, former student of West Limestone High School and a football player with the Philadelphia Eagles, for winning the Super Bowl. Council President Lucas echoed Councilman Seibert’s comments and thanked the Public Works Department for paving the lower part of Hine Street. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO ZONE +/-0.76 ACRES (HANEY LTD) OF PROPERTY LOCATED APPROXIMATELY 900’ NORTHWEST OF THE WESTERN TERMINUS OF HATCHIE LANE, (PARCEL#: A PORTION OF 44-15-04-17-0-000-002.000) EST (ESTATE RESIDENTIAL AND AGRICULTURAL) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, addressed the City Council regarding the proposed ordinance and stated that the staff has no issues with the rezone request. The public hearing was closed. Councilman Harper introduced the following ordinance: AN ORDINANCE TO ZONE +/- 0.76 ACRES (HANEY LTD) OF PROPERTY LOCATED APPROXIMATELY 900' NORTHWEST OF THE WESTERN TERMINUS OF HATCHIE LANE, (PARCEL #: A PORTION OF 44-15-04-17-0-000-002.000) EST (ESTATE RESIDENTIAL AND AGRICULTURAL) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2025 – 2365 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 zoned EST (Estate Residential and Agricultural). 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 zone the hereinafter described area as EST (Estate Residential and Agricultural). 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 EST (Estate Residential and Agricultural) 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: A tract of land lying in part of Section 17, Township 4 South, Range 5 West, Limestone County, Alabama, being more particularly described as follows: COMMENCE at the Northeast corner of said Section 17; thence West 4000.00 feet; thence South 3700.00 feet to the POINT OF BEGINNING of the tract of land hereby described; thence East 60.00 feet to a point; thence South 550.00 feet to a point; thence West 60.00 feet to a point; thence North 550.00 feet to the POINT OF BEGINNING of the tract of land hereby described, said tract of land contains 0.76 acres +/- and is subject to any and all easements or restrictions of record or unrecorded affecting said property. ADOPTED and APPROVED this, the 10th day of February, 2025. /s/ James E. Lucas 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 Henry moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Amanda Schulte, 1036 West Washington Street, addressed Mayor Marks about the bid, regarding 2025 Transmission & Distribution Improvements, that was pulled from the previous agenda. Mayor Marks stated that it would go back to the table for rebid. Mrs. Schulte asked for more information regarding agenda items, so that citizens can read ahead. 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:  Colton Hill Smoke Diver Class January 22-26, 2024 $ 350.00 Brandon Joyce Smoke Diver Class January 22-26, 2024 $ 350.00 Jeremy McLaughlin Smoke Diver Class January 27-31, 2025 $ 350.00 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Cemetery, Parks & Recreation Department: Chad Vining ARPA State Conference Auburn, AL January 25 - 28, 2025 $ 444.65 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant, for a “Restaurant Retail Liquor” alcohol license: Business Name: Crackle LLC DBA: Eggs Up Grill Address: 22083 US Hwy 72 E; Suite J Athens, AL 35613 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase a 2025 Ford F150 Super crew 4x4 pickup for the Building Department. This purchase will be made from the State of Alabama Bid List from Stivers Ford Lincoln Montgomery, AL at a cost not to exceed $46,778.00. Funding for this purchase will be through the existing building department and planning department capital accounts from the funds allocated from the General Fund fiscal year 2024 surplus. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of seven (7) MSA G1 SCBA's (air packs) and fourteen (14) MSA 4500 - 30 minute bottles from Sunbelt Fire at a cost NTE $70,000 and shall be funded from the Fire Department’s existing capital expenditure account. The City Council finds that this purchase involves products related to, or having an impact upon the safety of individuals, and as such, competitive bidding is not required pursuant to 41-16-51(a)(15) of the Code of Alabama. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of one (1) John Deere Gator TX (Model 2025) tractor from TriGreen Equipment in the amount not to exceed $10,500 to be funded from the existing CPR capital account. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance:  ORDINANCE NUMBER 2025 - 2366 AN ORDINANCE FURTHER AMENDING A CONTRACT REGARDING THE SALE OF REAL PROPERTY IN THE NORTH ELM INDUSTRIAL PARK WHEREAS, the City Council previously approved, by Ordinance #2024-2315, a contract for the sale of certain real property along Wilkinson Drive to Mingledorff’s, Inc. (the “Buyer”) for industrial use; and WHEREAS, the Buyer has requested a second extension of time to complete due diligence efforts relating to the Buyer’s environmental testing of the property. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on February 10TH, 2025 at 4:30PM, as follows: Section 1. The Mayor, on behalf of the City of Athens, from time to time, is authorized to extend the due diligence period in the contract with the Buyer for a period up until July 1, 2025, and to amend the contract from time to time to provide for such extension. Section 2. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Ordinance. ADOPTED this the 10th day of February, 2025. /s/ James E. Lucas 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 Henry moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert seconded the motion to adopt the ordinance. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for the following City Council member: Dana Henry Alabama League of Municipalities Meeting $259.00 January 30, 2025 Mileage The motion was seconded by Councilman Harper and carried with three yeas and one abstention by Councilwoman Henry. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 - 2053 A RESOLUTION CONCERNING A COMMUNITY SAFE ROOM ON NINTH AVENUE WHEREAS, Limestone County owns certain real property located at 322 9th Avenue (the “Property”), and the City Council desires to use that Property for the construction and establishment of a community safe room, to assist those in need when threatened by storms or other hazards; WHEREAS, the establishment of the community safe room is expected to be made possible through the receipt of certain grant funding to be received by the City; WHEREAS, upon leasing the Property from the County and securing the grant funding, the City plans to construct a community safe room on the Property, and then make it available to the general public during times of common emergency; and WHEREAS, the lease of the Property as described herein, and the operation of the community safe room, will serve the public health, safety, and welfare. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on February 10TH, 2025 at 4:30 p.m., as follows: 1. The Mayor is authorized, for and on behalf of the City of Athens, to lease the Property from the Limestone County Commission via a written lease agreement, upon the following terms: (i) the City will construct a community safe room on the Property; (ii) the City will use the Property for the operation of a community safe room; (iii) a lease term of thirty (30) years, subject to earlier termination in the event of a breach of discontinuance of the program; (iv) the lease is conditioned upon the receipt of grant funding, and the City may terminate the lease if such funding is not received; and (v) such other and additional and related terms as the Mayor deems necessary.  2. The Mayor may execute such other and further documents as may be necessary to carry out the intent and purpose of this Ordinance. ADOPTED this the 10TH day of February, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, to accept the hourly rate proposal from Taylor Electric for 2025 Transmission and Distribution Improvements, Hourly Rates for the Electric Department. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2054 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to award the Braly Boulevard Roadway Extension to the lowest bidder, Grayson Carter & Son, Inc, for the amount of $1,132,569.39 and to be funded from the 2024 General Obligation Warrants. ADOPTED and APPROVED this, the 10TH day of February, 2025. /s/ James E. Lucas 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 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. Councilwoman Henry introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the proposal of DJHAV, Inc. for the purchase and installation of network drops for the building located at 105 West Green Street (former PNC Bank building) at a cost of $14,435, to be funded from the Capital Infrastructure Fund. 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the proposal of C Spire Business for network switches and wireless access points for the building located at 105 West Green Street (former PNC Bank building) at a cost of $17,921.77, to be funded from the Capital Infrastructure Fund. The purchase will be made through the City’s membership in the North Alabama Cooperative Purchasing Association (NACPA). 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 Henry 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 ordinance: ORDINANCE NUMBER 2025 - 2367 AN ORDINANCE ESTABLISHING THE YEARLY SALARY OF THE MAYOR AND COUNCILMEMBERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA AS FOLLOWS: Section 1. Section 2-31 of the Code of Ordinances of the City of Athens, Alabama is hereby amended to state as follows: That the annual salary of the Mayor of the City of Athens, Alabama, shall be and the same is hereby fixed at the sum of $7,500 per month ($90,000 per year). In addition to the salary provided for herein, the Mayor shall also be entitled to any medical benefits normally accruing to all full-time employees of the City as authorized by law. Section 2. Section 2-63 of the Code of Ordinances of the City of Athens, Alabama is hereby amended to state as follows:  Each Councilmember shall be compensated at the sum of $1,400 per month. Section 3. This Ordinance shall become effective on the first city council meeting of November, 2025 and shall continue in force and effect until repealed by action of the City Council. Section 4. The provisions of this Ordinance are hereby declared to be severable; if any portion of this ordinance shall be held unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect the remaining portions of this ordinance. Section 5. As of its effective operation, this Ordinance shall repeal all provisions of the Athens City Code that are inconsistent herewith. Section 6. 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 system of the Code. ADOPTED and APPROVED this, the 10th day of February, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember 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 Seibert 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 comment. Suzanna Bailey, 138 Summit Lakes Drive, addressed the City Council on behalf of the Strain Road community and asked for a status update. Mayor Marks stated that a meeting is planned for tomorrow and that the City is still working on a grant through ADEM. He noted that the drainage issues must be addressed first and that it is still important to the City to resolve the issue. Amanda Schulte, 1036 West Washington Street, addressed Mayor Marks asking if all bids for City projects are public information. Mayor Marks noted that it is public information when it is presented to the City Council. Mrs. Schulte inquired about the recent change to the alcohol ordinance and requested the name of the developer that it was changed for. Mayor Marks stated that he was not ready to disclose the name. Scott Marshall, 212 East Street, addressed the City Council concerning the traffic issue downtown and remarked that he would like the subject to be revisited. Mr. Marshall stated that he would like to see four-way stop signs at several intersections. Jarrod Schulte, 1036 West Washington Street, addressed the City Council and Mayor Marks regarding Facebook comments still being off , livestream comments, and then asked Shane Black, City Attorney, if the Attorney General opinions have been received. * * * 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