City Council

February 24, 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 24, 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, Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Annette Barnes- Threet, 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 February 10, 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 announced that the FBI unit will be locating to Huntsville, Alabama and encouraged people to look at the city of Athens for housing. The Mayor also announced that the Mardi Gras parade will be on Tuesday, March 4th and that they will be collecting canned items for LCCI. He remarked that Athens High School Wrestling Team won the 6A State Championship, Jerome Malone, Jr, a Mayor’s Youth Commissioner, won the 6 A Boys State Shot Put Championship and Athens Cheer won 1st Place in the Super Varsity Division II Traditional/UCA National High School Cheerleading Championship. Councilwoman Henry recognized Mr. Dan Havely, prior long-standing band director at Athens High School (1966- 2000), and noted that he had passed away on February 12th, 2025. Councilman Harper remarked that he has noticed that a lot of litter is on Elm Street, Hwy 31 and also on US Hwy 72. Mr. Harper noted that he wished the public would think before throwing litter out on the side of the roads. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION DETERMINING THAT A STRUCTURE AT 1402 U.S. HIGHWAY 72 EAST IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME Erik Waddell, Chief Building Inspector, addressed the City Council regarding the proposed resolution and stated that the owner has requested a 30 day extension and that he recommends the request be granted. Mr. Waddell also recommended that the hearing be continued until the March 24th, 2025 City Council meeting. The public hearing was closed PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE TO REZONE +/-3.93 ACRES (DAVID AMES) OF PROPERTY LOCATED DIRECTLY SOUTH OF WEST WASHINGTON STREET AND DIRECTLY EAST OF LUCAS FERRY ROAD, (PARCEL#: 44-10-0307-3-000-004.000) FROM INST (INSTITUTIONAL DISTRICT) TO B-1 (NEIGHBORHOOD BUSINESS DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS Erin Tidwell, City Planner, addressed the City Council regarding the proposed ordinance and stated that Planning Department staff and Planning Commission recommend approval. The public hearing was closed. Councilwoman Henry introduced the following ordinance: AN ORDINANCE TO REZONE +/- 3.93 ACRES (DAVID AMES) OF PROPERTY LOCATED DIRECTLY SOUTH OF WEST WASHINGTON STREET AND DIRECTLY EAST OF LUCAS FERRY ROAD, (PARCEL #: 44-10-03-07-3-000-004.000) FROM INST (INSTITUTIONAL DISTRICT) TO B-1 (NEIGHBORHOOD BUSINESS DISTRICT) WITHIN THE CORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2025 – 2368 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 INST (Institutional District) to B-1 (Neighborhood Business 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 zone the hereinafter described area as B-1 (Neighborhood Business 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 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: Lot 1, according to the map of plat of Athens West Phase 2 Subdivision, as recorded in the Office of the Judge of Probate of Limestone County, Alabama, in Plat Book 1, Page 133. Subject to a 15 foot transmission line easement as recorded in Fiche 2568, Page 45. Subject to a 20 foot open sanitary sewer easement recorded in Book 2011, Page 16519. Subject to all matters recorded in Plat Book J, Page 398 and Plat Book J, Page 160.0. Subject to all easements, restrictions, and covenants that may or may not be of record. ADOPTED and APPROVED this, the 24th 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said 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, 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 THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY IRONS AND ALES, LLC, DBA: IRONS AND ALES, 217 S. MADISON ST., ATHENS, AL, 35611 Councilman Wales addressed the owner of Irons and Ales and asked why they had changed their minds on becoming a restaurant. Ryan Gilroy, owner, remarked that the public had expressed an interest in a broader menu and stated that he would take in well over the twenty percent of food sales that is required for the license. Mr. Gilroy expressed that he and his wife always want to give back to the community and are interested in helping with the clean-up of the litter that Councilman Harper mentioned. Councilman Harper introduced the following resolution: 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. It is our opinion that the business has met the requirements of the City of Athens’ alcohol ordinance. Business Name: Irons and Ales, LLC DBA: Irons and Ales Address: 217 S. Madison Street Athens, AL 35611 The motion was seconded by Councilwoman Henry and was carried with four yeas and one abstention by Councilman Seibert. Council President Lucas opened the floor for public comments. Amanda Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding a follow up on her request for clarification on agenda items. Mrs. Schulte feels as though the agenda items are not detailed enough. She also believes that certain houses in Athens should be focused on more than the condemnation of the Shoney’s building. Mrs. Schulte remarked that she hopes that more information will be included on agenda items in the future. Mark Wilson, 18066 North Jefferson Street, Athens, addressed the City Council regarding unsafe buildings in his neighborhood and asked why nothing is being done. Jarrod Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding the possible condemnation of the Shoney’s building and stated that he could say that condemnation is needed for certain houses in North Athens. Scott Marshall, 212 East Street, Athens, addressed the City Council regarding the need for more information on agenda items. Mr. Marshall stated that if a small link was provided, it would resolve a lot of questions. Kelly Range, 303 Brookwood Drive, Athens, addressed the City Council regarding information on agenda items. Mr. Range stated that a link would help to keep the public informed. David Malone, 1300 Somerest Drive, Athens, addressed the City Council stating that he doesn’t object to the possible condemnation of the Shoney’s building but that he has been requesting for years that something be done to condemn Miller School. Councilman Seibert introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Ray Neese to the Alcohol License Review Committee, to fulfill the term of Eddie Smith, expiring on September 30th, 2025. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to purchase a 2026 Mack MD 7 Pac-Mac LV25 Leaf Vac at a cost not to exceed $272,760.00 from Ingram Equipment Company. This purchase will be made through City’s Membership in the Sourcewell purchasing cooperative, contract #110223- THC and shall be funded from the existing Sanitation Department Capital Account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a 2014 International 4 Ton Dump Diesel Truck from Alabama Department of Transportation, in an amount not to exceed $ 45,000.00 and shall be funded from the Street Department’s existing capital account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the CPR Director to purchase two pick-up trucks from the Alabama Department of Transportation in an amount not to exceed $62,000 to be funded from the existing CPR capital account. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales 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 four (4) exterior cameras for the building located at 105 West Green Street (former PNC Bank building) at a cost of $5,129.68, 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, 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 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. Mayor Marks noted that the Customer Accounts Department and Payment Center will be moving to the old PNC building and that the City will keep everyone updated. 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 Butcher Drafting Service, LLC for the development of a commercial renovation floor plan for the building located at 304 East Hobbs Street (former chiropractic building) at a cost of $1,800, to be funded from the City’s Contingency Fund. Councilmember Seibert 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 Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper seconded the motion to adopt the 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 Harper introduced the following resolution: RESOLUTION WHEREAS, Athens Utilities solicited competitive bids for the completion of civil grading work; and WHEREAS, Hawkins Groundwork, Inc. was deemed the lowest responsible bidder. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA at its regular meeting on February 24, 2025 at 4:30 P.M., as follows: 1. The Electric Services Director is authorized to accept the low bid of $58,240.00 from Hawkins Groundwork, Inc. for the civil grading work at Elm Park Substation, Wilkinson Street, Athens, Alabama. 2. The costs/expenses related to this Resolution shall be paid from the following fund of the City of Athens: 2015 Warrant Fund Councilmember Seibert 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 Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Henry 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on February 24, 2025, that the Council authorizes an unbudgeted capital amount of $20,000.00 to be funded from the Water Services Department cash reserves for Chris Mitchell Management Consultants to perform a cost of services study for the Water Services Department, and the Athens Utilities General Manager, for and on behalf of the City of Athens, is authorized to enter into the agreement to complete this work. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper seconded the motion to adopt the 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. 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 STC Worldwide, LLC for the purchase and installation of a new boiler and pump for the Athens Police Department facility on Hobbs Street at a cost of $47,196, to be funded from the unallocated portion of the FY 2024 general fund surplus. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember 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, to accept the proposal of Convergint for the purchase and installation of access controls for the building located at 105 West Green Street (former PNC Bank building) at a cost of $25,904.28 and for additional access controls at City Hall at a cost of $10,136.38. The cost of the improvements related to the former PNC Bank building is to be funded from the Capital Infrastructure Fund. The cost of the improvements for City Hall are authorized to be expended from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds 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, 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 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. Scott Marshall, 212 East Street, Athens, addressed the City Council stating that the litter at the on and off ramps on U.S. Hwy 72 need attention and praised the Public Works Department for the sidewalk installation on East Street beside the Athens Arts League building. Steve Abernathy, 1705 Lillian Drive, Athens, addressed the City Council and echoed Councilman Harper regarding litter on the side of the roads. Mr. Abernathy expressed his concern regarding a number of street lights being out on U.S. Hwy 72 and Brownsferry Road. Jarrod Schulte, 1036 West Washington Street, Athens, addressed City Attorney Shane Black regarding the Attorney General’s opinions and asked if Facebook comments or livestream comments would be turned back on soon. Mr. Schulte re quested that the subject of the comments be added to the agenda. * * * 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