City Council

May 19, 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 19, 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, Harold Wales, James E. Lucas, and Wayne Harper. Councilmember Dana Henry was absent. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Councilman Seibert offered the invocation. Mayor Marks was joined by Camden Roberts, Lily Patterson and William Bedingfield 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 May 12, 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 noted that the Athens Bible School graduation was being held on May 19th, 2025 at 6:30pm and also, Limestone County Technical Center will be having an awards ceremony on the Square, Marion Street, at the same time. The Mayor then read a resolution recognizing Camden Roberts, Lily Patterson and William Bedingfield for their exceptional performances in the Skills USA competition. Mayor Marks turned the floor over to Keith Pepper, Law Enforcement and Public Safety Instructor at the Limestone County Technical Center. Mr. Pepper stated that he was proud of each cadet and thanked everyone for their support. Councilman Seibert recognized the Athens High School Softball Team for finishing third in the state tournament. PUBLIC HEARING FOR COMMENTS REGARDING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS, ALABAMA BY DHANVI 1, INC., DBA: OAKDALE BP, 16771 OAKDALE ROAD, ATHENS, AL, 35613 (NEW BUSINESS) Mark Wilson, 18066 North Jefferson, Street, Athens, AL, expressed that he believes that the approval should be denied. The public hearing was closed. PUBLIC HEARING FOR COMMENTS REGARDING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL IN THE CITY OF ATHENS, ALABAMA BY JOVITA ROMERO GONZALEZ, DBA: EL CALENTANO LLC, 1202 N. JEFFERSON STREET, ATHENS, AL, 35611 (NEW BUSINESS) Mark Wilson, 18066 North Jefferson Street, Athens, AL, expressed that he believes that the approval should be denied. The public hearing was closed. PUBLIC HEARING RELATING TO A PROPOSED RESOLUTION VACATING A PORTION OF GREENFIELD DRIVE No one spoke in favor of or against. The public hearing was closed. Councilman Harper introduced the following resolution:  RESOLUTION NUMBER 2025 - 2076 A RESOLUTION VACATING A PORTION OF GREENFIELD DRIVE _______________________________________________ WHEREAS, this resolution relates to the westernmost 25’ wide portion of the 75’ wide public right of way known as Greenfield Drive (in other words, a strip that is 25 feet wide along the westernmost edge of said public right of way), and being more particularly described as follows: Generally described as a portion of Greenfield Drive access right of way situated on the ground in Limestone County, Alabama, and being shown on the Bedingfield Subdivision Plat as recorded in Plat Book K, Pages 302, and 303 in the Office of the Judge of Probate of Limestone County, Alabama. Said Abandonment area being more particularly described as follows: BEGINNING at a 5/8” iron rebar found with cap stamped Morell Eng, said rebar monuments the northeast corner of property shown as Parcel ID: 10 06 14 0 000, 053.00, being lot 5 of Bedingfield Subdivision as referenced above, and monuments the northwest corner of herein described Abandonment Description; thence, South 89 degrees, 55 minutes, 28 seconds, East, a distance of 25.00 feet to a point in the back edge of sidewalk; thence, along the back edge of the sidewalk, South 00 degrees, 08 minutes, 54 seconds, West, a distance of 106.33 feet to a point; thence, South 00 degrees, 10 minutes, 52 seconds, West, a distance of 156.81 feet to a point; thence, leaving said back of sidewalk, North 89 degrees, 49 minutes, 08 seconds, West, a distance of 10.00 feet to the northeast corner of a Common area 2 as shown on above referenced plat; thence, with the north edge of Common area 2, North 89 degrees, 49 minutes, 08 seconds, West, a distance of 15.00 for a total distance of 25.00 feet to a point in the east property line of above mentioned lot 5; thence, leaving said Common area 2, North 00 degrees, 10 minutes, 52 seconds, East, a distance of 156.80 feet to a 1/2” iron rebar set with cap stamped LJA Survey; thence, North 00 degrees, 08 minutes, 54 seconds, East, a distance of 106.30 feet to the POINT OF BEGINNING and containing 6,578 Square Feet, or 0.15 acres, this according to a field run survey on said lot 5 by LJA Surveying, Arthur Mike Dial, Alabama Professional Land Surveyor Number 30343 completed on August 22, 2024. (the “Public Way”); WHEREAS, generally speaking, the Public Way is a public right of way within the city of Athens, Alabama; WHEREAS, the City, upon Landon Bogg’s request (Bogg is a professional engineer with Kimley-Horn and acting in cooperation with Flat Roof Properties, LLC, the owner of real property that adjoins the Public Way), proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama, and it has published, posted, and served notice of the same as required by § 23-4-2 of the Code of Alabama; WHEREAS, the City Council held a public hearing concerning this matter at its regular meeting on May 19, 2025; WHEREAS, the City Council has determined that it is in the interest of the public that the Public Way should be vacated;  WHEREAS, the following persons or entities (and/or their successors, heirs, and assigns) appear to be the owners of all lots or parcels of land that abut the Public Way: PRC Enterprises, L.L.C. Flat Roof Properties, LLC WHEREAS, the vacation of the Public Way will not cause any person to be cut off from access over some other reasonable and convenient way; WHEREAS, the City of Athens (including Athens Utilities) may maintain any existing water, sewer, gas, storm drainage, and/or electrical lines/facilities within the Public Way, and if so, the vacation of the Public Way, as explained herein, will not prevent the City from accessing, maintaining, extending, and enlarging those lines/facilities to the same extent as if such vacation had not occurred; and WHEREAS, the vacation of the Public Way will not deprive other property owners of any right they may have to convenient and reasonable means of egress and ingress to and from their property. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on May 19, 2025, at 4:30 p.m., as follows: 1. The Public Way is hereby vacated upon the City Clerk’s filing of this Resolution with the Probate Court of Limestone County. Upon such vacation, the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with § 23-4-2(b) of the Code of Alabama, except as may be otherwise stated herein. 2. Upon payment by Kimley-Horn of the City’s administrative and legal costs related to the vacation of the Public Way as determined by the City Clerk, then the City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in the Public Way, except as may be otherwise stated herein. 3. Title and all public rights in the Public Way shall vest in the abutting owner(s), to the extent and as provided for by law. 4. However, notwithstanding anything herein to the contrary, any entities (such as the City by and through Athens Utilities) with any utility/storm drainage lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Way had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred. 5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. ADOPTED this the 19th 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 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, 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, 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 regarding agenda items. Mark Wilson, 18066 North Jefferson Street, Athens, AL, addressed the City Council regarding the construction of sidewalks along the western side of US Highway 31 and the 2013 Transportation Plan. Mr. Wilson asked why the intersections of Elm Street and Jefferson Street and Highway 72 and Hine Street are not included. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to authorize the Electric Department Manager, contingent upon final FY 26 budget approval, to award contracts for FY 2026 Vegetation Management Time & Equipment Hourly Bid from Trees, LLC. WHEREAS, Athens Utilities solicited competitive bids for Vegetation Management Time & Equipment Hourly Bid; and WHEREAS, Trees, LLC 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 May 19th, 2025 at 4:30 P.M., as follows: 1. The Electric Services Director is authorized to accept the hourly bids from Trees, LLC for the Athens Utilities Vegetation Management Time & Equipment Hourly Bid. The motion was seconded by Councilman Seibert 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 authorize the Electric Department Manager, contingent upon final FY 26 budget approval, to award contracts for FY 2026 Line Clearance and Tree Maintenance as follows: Asplundh Tree Expert, LLC (103.65 miles) – Total for all circuits: $262,543.00 1. Greenbrier 224 (21.59 miles): $29,525.00 2. Greenbrier 254 (9.12 miles): $17,912.00 3. Greenbrier 264 (11.24 miles): $21,502.00 4. Poplar Creek 274 (61.7 miles): $193,604.00 Tree Professional, INC (23.2 miles) – Total for all circuits: $120,545.00 1. Athens District 294 (9.01 miles): $42,500.00 2. Breeding Park 244 (14.19 miles): $78,045.00 Southern Line Contractors, LLC (67.96 miles) - Total for all circuits: $239,518.00 1. Poplar Creek 254 (67.96 miles): $239,518.00 Lewis Tree Service, Inc. (186.25 miles) - Total for all circuits: $528,259.58 1. Belle Mina 244 (4.81 miles): $22,305.16 2. Breeding Park 234 (59.81 miles): $162,550.95 3. Breeding Park 254 (21.11 miles): $85,023.11 4. Greenbrier 234 (12.19 miles): $26,818.00 5. Greenbrier 244 (36.77 miles): $84,571.00 6. South Limestone 244 (37.66 miles): $115,021.36 7. South Limestone 264 (13.9 miles): $31,970.00 W. A. Kendall and Company, Inc. (35.45 miles) - Total for all circuits: $96,783.11 1. Poplar Creek 264 (35.45 miles): $96,783.11 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2077 A RESOLUTION CONCERNING CERTAIN INTERSECTIONS IN THE DOWNTOWN AREA _______________________________________________ WHEREAS, the City has conducted traffic studies which indicate that the areas discussed in this Resolution do not support signalized intersections;  WHEREAS, the replacement of signals with stop signs is expected to calm traffic in the referenced areas, and will involve a cost savings relating to signal replacement; and WHEREAS, the City Council wishes to convert these intersections from traffic signals to stop signs. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA at its regular meeting on May 19th, 2025 at 4:30 PM, as follows: 1. The intersection of Hobbs Street and Marion Street shall be converted from traffic signals to stop signs. 2. The intersection of Washington Street and East Street shall be converted from traffic signals to stop signs. 3. The intersection of Washington Street and Beaty Street shall be converted from traffic signals to stop signs. 4. The Mayor, the City Engineer, and the Street Department shall work to transition these intersections to stop signs on a schedule and in the manner that they deem reasonable and appropriate. ADOPTED this the 19th day of May, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was carried with three yeas and one nay by Councilman Wales. Councilman Wales stated that while he doesn’t support the traffic lights being taken down at theses intersections, he believes that it is important. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2025 – 2078 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to apply for FY 2025 Transportation Alternatives Program (TAP) to construct sidewalks along the Western side of US Highway 31 from Hobbs St to Cactus St, resurface and stripe portions of Hobbs St East from College St to US- 31, and install additional pedestrian crossings at Hobbs St/US-31 & Forrest St/US-31 intersections. The total project cost is estimated at $2,014,628 with the City of Athens providing $214,628 in matching funds from the 2024 General Obligation Warrant Construction Fund, if awarded. ADOPTED and APPROVED this, the 19TH 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 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2025 - 2079 A RESOLUTION REGARDING THE PURCHASE OF REAL PROPERTY ON SOUTH CLINTON STREET _______________________________________________ WHEREAS, state law authorizes municipalities to acquire real property for municipal and public purposes; WHEREAS, the City Council of the City of Athens, Alabama wishes to acquire certain property (and the buildings/structures located thereon) located at 806 and 808 South Clinton Street, near the intersection of Highway 72 and Clinton Street, and further referenced as Tract #2 of Project No. ATRP-42-2022-089 (the “Property”), from Stanley & Janice Lauderdale, in exchange for a price of $725,000; WHEREAS, the City Council intends to utilize the Property for municipal purposes, and more specifically, in connection with a roadway project improving the intersection between South Clinton Street and Highway 72, in coordination with the Alabama Department of Transportation. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on May 19th, 2025, at 4:30 p.m., as follows: 1. The Mayor of the City of Athens (and/or his designee), on behalf of the City of Athens, Alabama, is authorized to purchase the Property from the owner(s) thereof, for a purchase price of Seven Hundred Twenty- Five Thousand Dollars ($725,000), plus any incidental/closing costs related thereto in connection with the purchase and closing. 2. To that end, the Mayor, on behalf of the City, is authorized to prepare, enter into, and carry out a contract(s) for the City’s purchase of the Property, upon such terms as the Mayor deems reasonable and appropriate (that are not inconsistent herewith), and to accept a deed(s) to the Property on behalf of the City. 3. The costs/expenses related to the above transaction shall be paid from the following fund of the City of Athens: ATRP2-42-2022-089. Such costs/expenses will be reimbursed by the Alabama Department of Transportation. 4. The Mayor is authorized to take actions and execute such other and further documents as may be reasonably necessary to effect and carry out the transaction contemplated by this Resolution. ADOPTED this the 19th day of May, 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 Seibert, 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, 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 – 2080 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to apply for the Clean Water State Revolving Fund (CWSRF) loans in the amount of $3,893,773.00 and $500,000.00 and to accept the principal forgiveness (Grant) in the amount of $4,393,773.00. In addition, to the before mentioned application apply and accept the American Recovery Plan Act (ARPA) funds in the amount of $123,844.62 for the Strain Road Sewer project. ADOPTED and APPROVED this, the 19TH 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 Wales 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, 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, 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 – 2081 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into an agreement for Pre-Engineering services related to surveying and easement acquisition for Phase I of the Strain Road Rehab project in an amount not to exceed $163,000, funds to be paid by the SRF loan obligation. ADOPTED and APPROVED this, the 19th 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, 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, 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 reschedule the regular meeting on June 9th, 2025 to June 16th, 2025, at the same place and time. The motion was seconded by Councilman Seibert and was unanimously carried. Council President Lucas opened the floor for public comments. Mark Wilson, 18066 North Jefferson Street, Athens, AL, addressed the City Council regarding the width of Vine Street and his concern for the fire trucks being able to make the turn onto the street. Mr. Wilson then expressed his displeasure with pictures being made of his property. Mayor Marks stated that pictures were made because of concerns that have been brought to his attention regarding Mr. Wilson’s property and others around the city. Jeremy Foulks, Habitat for Humanity, addressed the City Council to share the good news that a new home they are building in Athens is wrapping up and invited them to join them at 532 Brownsferry Street on May 31st, 2025 at 9 am for the dedication of the house to a new family. * * * 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 Harper and was seconded by Councilman Seibert. The meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL /s/Annette Barnes-Threet CITY CLERK