City Council

May 12, 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 May 12, 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 Chris Seibert, James E. Lucas, Dana Henry and Wayne Harper. Councilmember Harold Wales was absent. Kim Glaze, Executive Secretary, 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 April 28, 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 thanked the Chamber of Commerce for hosting the event with Congressman Dale Strong. The Mayor announced that the Law Enforcement Memorial will be held on Tuesday, May 13th at 5pm. He also announced that the Limestone County Sheriff’s Rodeo begins on Friday with the Special Needs Rodeo being held on Friday also. Mayor Marks remarked that the Annual League of Municipalities Conference will be held in Huntsville this week. The Mayor then read a proclamation for Building Safety Month and presented it to Erik Waddell, Chief Building Inspector. Mr. Waddell thanked the Mayor and City Council for their commitment. PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS BY KYSM, INC. DBA: ELM STREET CHEVRON, 1514 EAST ELM STREET, ATHENS, AL, 35611 (CHANGE OF OWNERSHIP) No one spoke in favor of or against. The public hearing was closed. Council President Lucas opened the floor for public comments regarding agenda items. Amanda Schulte, 1036 West Washington Street, Athens, addressed Mayor Marks regarding the resolution for Elm Street improvements and asked for clarification. Mayor Marks remarked that the resolution is in reference to Food City and road improvements. Mrs. Schulte then asked for clarification regarding the resolution for a one-time equity salary adjustment and asked if anything had been discussed about increasing first responder’s salaries. Mayor Marks noted that it had been discussed in the past but no action would be taken until it is brought before the City Council. Mrs. Schulte also expressed her concern for changing certain intersections from traffic signals to stop signs. Mark Wilson 18066 North Jefferson Street, Athens, addressed Mayor Marks and asked if he recently toured Congressman Strong through his neighborhood to look at the condition of the houses. The Mayor remarked that he did and that they were looking at intersections not houses. Mr. Wilson then addressed Councilman Harper about the condition of houses in his neighborhood. Councilman Seibert introduced the following resolutions: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase one (1) 2025 RTX1250i20 Trencher/Tractor for the Gas Services Department. This purchase will be made from Vermeer Southeast, through Sourcewell, in the amount of $342,992.2. Funding for this purchase will be from the Gas Services Department FY 2025 capital budget.  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase two APC 3000VA smart uninterruptible power supplys (UPSs) from Amazon at a cost of $2,678, to be funded from the existing Information Technology Department’s capital account. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to declare the following tractors/truck as surplus property of the Water Services Division, City of Athens Utilities, and sold at public auction on GovDeals.com: 2003 Kubota L38030GST Kubota L3940GST 2016 Ford F-150, VIN 1FTEW1CP8GFD00412 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel/education expenses for the Utilities Finance Department: Abigail Owen Mileage January 1, 2025 – March 19, 2025 $ 64.82 CDPAA Joint Accounting Conference Bowling Green, KY April 30 – May 2, 2025 $ 244.43 Total $ 309.25 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 - 2071 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve a one-time equity salary adjustment for all full-time employees as follows:  Employees with 15 plus years of service – 3 step adjustment  Employees with 10 to 14 years of service – 2 step adjustment  Employees with 5 to 9 years of service – 1 step adjustment Years of service will be determined using the measurement date of May 1, 2025. The step adjustments outlined above will be limited to the maximum number of steps in an employee’s pay grade, not to exceed 18 steps. This adjustment will become effective June 1, 2025, which is the first day of the payroll period ending on June 14, 2025 (payable on June 19, 2025). ADOPTED and APPROVED this, the 12th day of May, 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 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 Seibert 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 ordinance: ORDINANCE NUMBER 2025 - 2373 ORDINANCE AUTHORIZING A LEASE OF CERTAIN REAL PROPERTY TO NEW CINGULAR WIRELESS _____________________________________________________________________ WHEREAS, New Cingular Wireless PCS, LLC (“Cingular Wireless”), working in tandem with AT&T, desires to construct a new wireless telecommunications tower in the City of Athens, to address the growing needs of the City’s residents; WHEREAS, when telecommunications providers desire new facilities, the City works within the bounds of state and federal law to minimize any negative impacts of new wireless telecommunications facilities, while also ensuring that citizens are provided with reliable wireless telecommunication services; WHEREAS, the City of Athens, in responding to Cingular Wireless, has identified a municipally-owned property that may satisfy these aims, and the property is agreeable to Cingular Wireless; WHEREAS, this property is a 60x60 parcel located along the north side of the City’s Sewer Treatment Plant, which is itself located at the eastern end of Sanderfer Road, and the property is more particularly described as follows: A portion of a parcel of land located in the SE ¼ of Section 16, Township 3 South, Range 4 West, Limestone County, Alabama, being more particularly described as follows: Commence at a fence post marking the SE corner of Section 16, Township 3 South, Range 4 West, Limestone County, Alabama; thence N87°58’35”W along the South line of said Section for a distance of 593.24’; thence N2°01’25”E leaving said South line of said Section for a distance of 23.54’ to a 5/8” capped rebar (BAILEY CA899LS) and the Point of Beginning; thence S88°41’23”W for a distance of 60.00’ to a 5/8” capped rebar (BAILEY CA899LS); thence N1°18’37”W for a distance of 60.00’ to a 5/8” capped rebar (BAILEY CA899LS); thence  N88°41’23”E for a distance of 60.00’ to a 5/8” capped rebar (BAILEY CA899LS); thence S1°18’37”E for a distance of 60.00’ to the Point of Beginning. Said Lease Area contains 3,600 SQFT (0.08 acres) +/-. (the “Property”); WHEREAS, the Property is not needed for the municipal purposes of the City; WHEREAS, there is an existing telecommunications tower located nearby at the same facility; WHEREAS, the City Council finds that the lease of the Property will serve a valuable public purpose; and WHEREAS, Cingular Wireless will still be required to comply with all other federal, state, and local laws and regulations prior to the construction of any communications facility at the Property. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on May 12th, 2025, at 4:30 p.m., as follows: 1. The Mayor is authorized to cause the Property to be leased to Cingular Wireless via a written lease agreement with the following terms: (i) a five (5) year initial term; (ii) annual rental charges of $15,000 per year; (iii) a non-exclusive right of ingress and egress to access the Property; (iv) a license to access the Property with utility lines and fiber-optic cables; (v) a right of Cingular Wireless to extend the lease for four (4) additional five (5) year terms, with a rent increase of 12.5% upon each extension; (vi) a requirement that Cingular Wireless shall maintain the Property in a neat and orderly fashion; (vii) a requirement that Cingular Wireless shall indemnify the City from any certain claims arising from the negligence or willful misconduct of Cingular Wireless; (viii) a requirement that Cingular Wireless will provide insurance satisfactory to the City; (ix) a provision allowing Cingular Wireless to have the option to lease the Property, for up to a 2 year period, prior to the lease term, for a reasonable fee of $1,000 per year; (x) a requirement that Cingular Wireless will remove its facilities upon the termination of the lease agreement; and (xi) such other and further terms that are not inconsistent with the foregoing that the Mayor deems reasonable and necessary in order to implement the written lease agreement. 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 12th day of May, 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 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. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to declare a 2001 Recycling Pro Trailer­ PRTT-16-10 as surplus property, to be disposed of through a donation to Limestone County to be used in the County’s recycling program. The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2025 - 2072 A RESOLUTION CONCERNING PUBLIC IMPROVEMENTS NEAR ELM SREET AND MARKET STREET _______________________________________________ WHEREAS, the City is aware of a new private commercial development involving a Food City grocery store that would serve west Athens near the intersection of Market Street, Elm Street, and Lucas Ferry Road; WHEREAS, in order to support this new commercial development, to help facilitate additional commercial growth in the area, and to help account for the increased traffic and activity in the area, the City Council desires to express its support for the construction and maintenance of additional new public infrastructure in the area; and WHEREAS, the City Council supports the use of economic development grants from the State of Alabama in order to assist with the cost of the same. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA at its regular meeting on May 12th, 2025 at 4:30 PM, that the City Council supports the construction of a new city street linking Market Street and Elm Street, as well as roadway improvements at the intersection of Market Street, Elm Street, and Lucas Ferry Road, as generally depicted in Attachment A hereto. ADOPTED this the 12th day of May, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, 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 THE CITY OF ATHENS, ALABAMA, to approve payment to Alabama Guardrail, in an amount not to exceed $4,750 for repairs to a guardrail on Nuclear Plant Road and shall be funded from the Gas Tax Fund. 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. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2025 - 2073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the Street Department to repair and install drainage structures on 1601 West Hobbs St in an amount not to exceed $50,000, and shall be funded from the Gas Tax Fund. ADOPTED and APPROVED this, the 12th day of May, 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 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 Seibert 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 2025 - 2074 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the Mayor to provide a change order at Sunrise Park to Grayson Carter & Sons Inc, in an amount not to exceed $50,000 for the removal and replacement of poor subgrade materials funded by 2024 GO warrants. ADOPTED and APPROVED this, the 12th day of May, 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. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2025 - 2075 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the Mayor to provide a change order at Sunrise Park for Bid Package #4, Site electrical work, to Hennessee Construction LLC in the amount of $33,924.00, funded by 2024 GO warrants. ADOPTED and APPROVED this, the 12TH day of May, 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 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 Seibert 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 comment. Jarrod Schulte, 1036 West Washington Street, Athens, addressed Mayor Marks regarding site work at a house owned by Councilman Seibert. Mr. Schulte asked for a morality clause for politicians in the city of Athens and asked for a timeline on his records request. Mary Jane Hammer, 1501 Levert Avenue, Athens, asked for clarification regarding the soil being removed at Sunrise Park. Mayor Marks stated that a small portion was excavated and the problem was found at that time. Mark Wilson, 18066 North Jefferson Street, Athens, requested drainage on North Jefferson Street and sidewalks on Elm Street from North Jefferson to Whitt’s Barbeque. Amanda Schulte, 1036 West Washington Street, Athens, inquired about the development on the corner of Lucas Ferry Road and Highway 72 and asked if it was going to be a liquor store. * * * 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 Henry and was seconded by Councilman Harper. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL /s/Kim Glaze EXECUTIVE SECRETARY