City Council

March 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 March 24, 2025 at 4:30 p.m. The meeting was called to order by Councilman James E. Lucas, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Harold Wales, James E. Lucas, and Wayne Harper. Councilmembers Chris Seibert and Dana Henry were absent. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Councilman Wales offered the invocation. Mayor Marks was joined by DayLeigh Todd in leading 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 March 10, 2025 City Council Meeting and Work Session Meeting had been submitted for approval. Councilman Harper moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. Mayor Marks remarked that he welcomed visitors at Leak City for training and that many were present from different states. The Mayor announced that one of the AG opinions has been received and turned the floor over to Shane Black, City Attorney. Shane Black, City Attorney, stated that the City Council had previously requested an opinion from the alabama Attorney General (“AG”) concerning this question: does the Open Records Act require the disclosure of documents related to a building inspector’s investigation of complaints that a structure violates city ordinances and building codes (such as the complaint, building inspection, report, and related documents)? Black explained that the AG issued a written opinion in response, which concluded that a municipal building inspector’s files related to a criminal investigation into whether a structure violates city ordinances and building codes are not subject to disclosure under the Open Records Act. He remarked that a copy of the response is publicly available or can be obtained online. Councilman Wales remarked that he hated that he had missed the groundbreaking at Sunrise Park and that he is so proud to see it moving forward. Council President Lucas opened the floor for public comments regarding agenda items. Jarrod Schulte, 1036 West Washington Street, Athens, addressed the City Council regarding the AG opinion and stated that he did not believe that it read the way that it was explained. Shane Black, City Attorney, further discussed the AG’s opinion and then read the concluding paragraph directly from the opinion. Mark Wilson, 18042 N Jefferson Street, Athens, addressed the City Council regarding the construction of turn lanes for the French Mill development, condemnation of buildings and a church behind his home. Councilman Wales 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 Mayor’s office: Linda Black Sam’s Club Huntsville, AL Purchase supplies for Athens Activity Center February 27, 2025 $ 45.64  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 Cemetery, Parks and Recreation Department: Brayden Maldonado CDL School $196.00 Class B Blake Pierce CDL School $294.00 Class B RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the low bid from Donohoo Chevrolet to purchase one (1) 2025 Chevrolet Tahoe at a total cost not to exceed $60,504.00. Funding for this purchase will be from the Police Department’s existing capital expenditure account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the low bid from Woody Anderson Ford to purchase five (5) 2025 Police Interceptor SUV vehicles at a total cost not to exceed $236,945.00. Funding for this purchase will be from the Police Department’s existing capital expenditure account. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 - 2058 A RESOLUTION DETERMINING THAT A STRUCTURE AT 1402 US HIGHWAY 72 EAST IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, the appropriate municipal official has presented information to the City Council about a structure (herein referred to as the “Structure”) located at the real property described as follows: Address: 1402 US Hwy 72 East, Athens, Alabama PARCEL # 10-05-15-2-000-003.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: A tract of land located in the South Half of the Northwest Quarter of Section 15, Township 3 South, Range 4 West, Limestone County, Alabama, more particularly described as follows: Commence at the Northwest corner of said Section 15 and run South along the West line of section a distance of 1560.00 feet to a point; thence South 72 degrees 53 minutes East a distance of 55.00 feet to a point on the South boundary line of present U.S. Highway No. 72; thence Easterly along the South boundary of said highway a distance of 1330.00 feet; more or less, to a concrete monument; thence North 17 degrees 38 minutes East a distance of 10.00 feet; thence  South 72 degrees 22 minutes East along this South boundary a distance of 78.71 feet; thence South 17 degrees 38 minutes West a distance of 23.0 feet to a concrete monument on the Southerly right- of-way of said highway; thence along this Southerly right-of-way a distance of 36.31 feet to the point of beginning of said parcel; thence South 72 degrees 22 minutes 00 seconds East a distance of 231.17 feet; thence South 27 degrees 02 minutes 30 seconds West a distance of 200.00 feet; thence South 72 degrees 22 minutes East a distance of 200.00 feet; thence South 27 degrees 02 minutes 30 seconds West a distance of 38.33 feet; thence North 89 degrees 02 minutes 30 seconds West a distance of 165.38 feet; thence North 86 degrees 02 minutes 30 seconds West a distance of 199.60 feet; thence North 63 degrees 09 minutes 30 seconds West a distance of 40.35 feet; thence North 17 degrees 37 minutes 58 seconds East a distance of 323.41 feet to the point of beginning of said parcel of land and containing 1.80 acres. And being Tract 1-A of the Certificate to subdivide of record on Fiche 1546 at Page 01, in the Office of the Judge of Probate of Limestone County, Alabama. The address of this property is Route 11, Box A, Athens, AL 35611. TOGETHER WITH any rights, claims or interests under that certain Easement Agreement executed by and between Shoney’s Inc., and Prakash Darji and Niranjana P. Darji, dated August 15, 1989, filed for record in the Probate Office of Limestone County, Alabama on August 23, 1989, and recorded therein on Fiche 1546 at Page 12. (herein referred to as the “Property); WHEREAS, the appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, the City Council has conducted a public hearing concerning this matter, and has received and reviewed information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) The building has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used; (2) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (3) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (4) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (5) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; (6) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants.  WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that the same is due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on March 24th, 2025 at 4:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 2. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the City of Athens Building Inspection Department is authorized to contract, on behalf of the City of Athens, with a third party(ies) for an asbestos survey (if deemed necessary) and demolition of the unsafe structure(s), for a cost not in excess of $30,000.00, although the City Council directs that the cost be as low as possible to accomplish the intended purpose. Should the combined screening, remediation and demolition costs appear to exceed $30,000.00, then the appropriate municipal official is directed to report the same to the City Council prior to further action. 3. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. 4. After demolition, the appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. ADOPTED this the 24th day of March, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Lucas, and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper seconded the motion to adopt the resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Wales, Lucas, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2025 – 2059 A RESOLUTION APPROVING A MAJOR AMENDMENT TO A MASTER DEVELOPMENT PLAN FOR HENDERSON ESTATES SUBDIVISION _______________________________________________ WHEREAS, the Athens City Council must approve master development plans in a C-PUD zoning district; WHEREAS, Morell Engineering (the “Applicant”) has proposed an Amendment to a Master Development plan for Henderson Estates subdivision in a C-PUD district; WHEREAS, the Athens Planning Commission reviewed the proposed plan and is electing to forward the request, with its recommendation for approval, to the Athens City Council as a Major Amendment; WHEREAS, the original adopted master development plan called for Low Density Single Family Residential and Medium Density Single Family Residential; WHEREAS, the applicant voiced reasonable points for amending the adopted Master Development Plan to include 3 additional lots with the addition of a transitional buffer; WHEREAS, the City Council, having fully considered the proposed “Major Amendments” to the previously adopted “Henderson Estates Master Development Plan” has determined to adopt the Applicant’s Master Development Plan as amended. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, on March 24th, 2025, that the Major Amendments to the Applicant’s Master Development Plan are hereby approved in a revised form so that it confirms in each and every respect with the Henderson Estate Master Development Plan #5 dated today, March 24th, 2025, and attached to this Resolution as Attachment A. ADOPTED and APPROVED this, the 24th day of March, 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 ATTACHMENT A The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt a revised organizational chart for the Information Technology Department to add one additional System Support Specialist. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on March 24th, 2024, authorizes the unbudgeted capital amount of $71,951.50 for the correcting final change order to the contract with Vortex Services, LLC for pipe-bursting of certain sanitary sewer lines for rehabilitation purposes, and the Water Services Director, for and on behalf of the City of Athens, is authorized to e x e c u t e t h i s c h a n g e order. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Lucas, and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper seconded the motion to adopt the resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Wales, Lucas, 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 delivery of 46-12.47kV power transformers; and WHEREAS, Virginia Transformer Corporation 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 March 24th, 2025 at 4:30 P.M., as follows: 1. The Electric Services Director is authorized to accept the low bid of $3,377,410 from Virginia Transformer Corporation for the (2) 46-12.47kV substation power transformers for Athens Utilities Elm Park and Swancott electric substations. 2. The costs/expenses related to this Resolution shall be paid from the following fund of the City of Athens 2022 Warrant Fund. Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Lucas, 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 Wales introduced the following resolution: RESOLUTION NUMBER 2025 - 2060 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the Mayor to pay aid to construction costs to Athens Utilities for Sunrise Park Phase I in the amount of $446,419.09. The funding source will be the 2024 GO warrants. ADOPTED and APPROVED this, the 24th day of March, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Lucas, and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Harper seconded the motion to adopt the resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Wales, Lucas, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 - 2061 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into an agreement for an ALDOT permit to construct a median crossover on US Hwy 72, milepost 80.62-80.82, for the installation of a right-in/right-out/left-in access onto Highway 72 with an eastbound right turn lane and a westbound turn lane to serve the commercial development, French Mill. ADOPTED and APPROVED this, the 24th day of March, 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 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 – 2062 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into an agreement for an ALDOT permit to grade and landscape the area of the proposed economic project known as French Mill. A portion of the grading and landscaping will require the removal of 44 trees at a cost of $1,601.00 to be paid to ALDOT and shall be funded from the Capital Infrastructure Fund. ADOPTED and APPROVED this, the 24th day of March, 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 Wales moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Wales, Lucas, 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 Wales, Lucas, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Tim Colling, 22686 Regent Drive, Athens, addressed the City Council and stated that he wants clarification that the City of Athens is not a sanctuary city. Mayor Marks confirmed that the City is cooperating with U.S. Immigration and Customs Enforcement. Mr. Colling asked the Council to consider having coffee with residents and have conversation. Jarrod Schulte, 1036 W. Washington Street, addressed the City Council asking for clarification of the French Mill project. Mayor Marks remarked that it is a project relating to a new Publix at Mooresville Road and Hwy 72. Mr. Shulte then asked if the livestream would be turned back on and Mayor Marks stated that it would not at this 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 Wales and was seconded by Councilman Harper. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL /s/Annette Barnes CITY CLERK