City Council - Regular Meeting

Everybody can take their seats. We're going to go ahead and get started.

Ned, if you don't mind calling roll. Mr. Cesy here. Mr. Lucas here. Uh, Mrs. Henry is out tonight. Uh, Mrs. Golden here. And Mr. Cyber here. Four present, one absent. All right, we got a couple of items we need to get through in terms of agenda. Uh we've got a public hearing relating to a zoning ordinance change. We have an ordinance associated with that. We'll have a presentation Erin's going to give during that public hearing. Um who will take that ordinance?

I will. We'll have to do a rule suspension on that. Who will do the rules on that? I will. Okay. We've got a lengthy a lengthy consent calendar and we're

good. Um, first item on there is resolution to reappoint Rebecca Davis to the Historic Preservation Commission for a three-year term ending April 27th of 2029. We have a resolution to set a public hearing for the regular meeting on May 26, 2026 to consider the request of Keat Johnson Row to reszone 61 acres located at 2008 Lindsay Lane from a CPU to an R13. We have a resolution to set a public hearing for the regular meeting on May 26 to consider the request of Steve Dorning through Friendship Church to reszone 1.75 acres of property located at the northwest corner of West Washington and Lucasfury Road from Institutional to R12 within the corporate limits of the city of Athens. We have a resolution to set a public hearing for the regular meeting on May 26 to consider the request of Clint Newton to annex 18.8 8 acres of property located directly south of New Cut Road and approximately 1300 west feet west of Luke Road and zone the property R13 within the corporate limits of the city of Athens. We have a resolution to declare the following as surplus property of the sanitation department and authorize the items to be sold with the proceeds from the sale credited to the sanitation department capital account. One 2015 MAC MRU63 CG garbage truck. One 2010 MAC res 600 garbage truck. One International 4400 4x2 DT466, one 1996 Ford L8000 leaf machine, one 2006 Dodge Ram 1500 quad cab pickup, and one 2006 Massie Ferguson IS-7L tractor. We have a resolution authorizing the city to enter into an agreement with Skipper Consulting for engineering services related to updates to the Athens traffic circulation standards manual in the amount of 63,000 with 31,500 to be paid from the engineering department capital funds and

31,500 to be paid from the street department capital funds. We have a resolution approving the purchase of furnishings for the city clerk's office at a cost not to exceed 7,000 to be funded from the existing city clerk's office capital account. We have a resolution approving the purchase of one K Cabota M511 tractor and one LA 1854 loader from H&R tractor and equipment at a cost not to exceed 55,000 plus the trade-in value of one 2011 Kabota M8540 tractor to be funded from the existing street department capital account. We have a resolution approving travel education expenses in the amount of $2,994 for personnel of the water services department. We have a resolution authorizing the city to enter into an agreement with the state of Alabama to maintain a portion of sidewalk to be installed as part of the Murphy oil gas station development. We have a resolution approving the purchase of one 2026 Dodge Ram DT500 crew cab 4x4 from Styver Dodge at a cost not exceeding $49,82148 to be funded from the police department's existing capital expenditure account. We have a resolution approving the low bid to purchase six 2026 police interceptor SUV vehicles from Styver Ford Lincoln at a cost not exceeding $399,54186 to be funded from the police department's existing capital expenditure account. And finally, we have a resolution to set a public hearing for the regular meeting on May 26, 2026 to consider the request of Morell Engineering to annex 63 acres of property located at 22728 Pepper Road and zone the property B1 within the corporate limits of the city of Athens. Are there any questions on those?

No, I don't think so. We may not have the amended agenda. missing a page.

Okay. It would Mr. Lucas, it would be a items A through M on the agenda was what I just covered. you located A through M. This would got it. Okay. Any questions on um any of those guys? There's quite a few of those. Anybody have any questions on them?

Okay. Who will take that? Oh, okay. Item N is a resolution authorizing the electric services director to accept the low bid of $236,245 from Grayson Carter and Suns contracting for the civil grading work at Swancott substation with cost to be paid from the city of Athens. may have any questions for Hunter on that one. I know Hunter's here. Okay, who will take that one?

Okay, and it will need rule suspension.

Okay, who would do the rules? Item O is a resolution authorizing the electric services director to purchase security fencing from the Swan Cot substation from Athens fence company at a cost of $27,825 to be paid from the city of Athens 2022 warrant fund um hunters available for that as well if anybody has questions on that one. If not, who will take that one? and that will need rules as well. Item P is an ordinance amending the code of ordinances of the city of Athens, Alabama to include section 49-9M concerning commercial bulk container service in the downtown area. Anybody has any questions? Stacy's here. and you'll take that

and that we will need rules since that's an ordinance. That'll do it. Item Q is a resolution authorizing the mayor to enter into dumpster placement licenses agreement with the Limestone County Commission related to commercial bulk container service in the downtown area. Stacy's here on that one as well. If anybody's got questions. No questions on that. Councilwoman Golden said she would take it. No need to do rules. Okay. Q.

That's Q. Item R is a resolution to approve the purchase of materials for the Sunrise Park project at a cost not to exceed 50,000 to be funded from the 2024 general obligation warrant fund with labor provided by the city of Athens street department. Stacy's here on that one as well. I think has any questions on that one? Have questions? Okay, who will take that? It does. Yes, sir.

Rules. Councilwoman Gold. Then we'll do item S is a resolution to approve a contract extension with Alta to administer certain aspects of construction at Sunrise Park at a cost not exceeding 30,000 to be funded from the 2024 general obligation warrant fund. And we believe that'll get us through this phase one. And then we going to bring back a design for phase two to bring to you guys. Okay. Any questions from anybody on that one? Doesn't it? It does. Okay. Mr. Lucas will take that.

Who will do rules on that one? I will.

Okay. Item T is a resolution authorizing the mayor to approve a change order to the contract for US72 and Hind Street pedestrian crosswalk project to Grayson Carter and Sun Contracting in the amount of $22,14460 to be funded from the proceeds of the 2024 general obligation warrant. Any questions on that one for Stacy? Now basically that hind street project with the crosswalk just got a little more expensive when it first thought it was is under about 25,000 22,000 we anticipate and we need to get that project done for the safety. So uh thanks for taking that up

Lucas that needs rules. Yes sir. Okay. Item item [clears throat] U is a resolution authorizing the mayor to approve a change order to the contract for the roadway improvements on Morswell Road at US Highway 72 to Rogers Group in the amount of $184,3324 to be paid from the CDBG and ARC grants. Uh if anybody has questions for Stacy on that one,

our project's underway really good out there. If any of you been out to Morrisville Road, they anticipate a fall opening with most of the new Publix and the other facilities out there. And hopefully that will uh happen depending on of course weather and other things. Okay, if no questions, who will take that one? That will need rule suspension. Okay. Yes,

I'll do one golden. Okay. Item V is a resolution authorizing the mayor to approve a change order for the contract for the roadway improvements at the intersection of Elm Street and Lucasf Road to Rogers Group in the amount of 52,988.38 to be paid from the CDBG and ARC grants. And uh Stacy's available for questions on that one as well. So you may have questions on that one. You'll need to spend the room also. Who will take that? I will. Okay. And then who will do our rule suspension?

Okay. Is there anything to add, Mayor Marks? Any I don't not that I have. Um, Miss Cybert, thank you. I know you got a long agenda and several people interested in some projects and yeah, want to just say I appreciate the proactive work of this planning commission. We can address that in a little bit. Annette, did you have anything? Council, does anybody have anything to add tonight? Okay. Well, we've got a little recess about 15 minutes or so and uh we will start the meeting at 4:30. Thanks.

go ahead and get started. People could kind of file in here.

Ned, if you don't mind calling the role. Yes, sir. Mr. Cesy, here. Mr. Lucas here. Mrs. Henry is absent tonight. Mrs. Golden here. Mr. Cyber here. Four present, one absent.

Our invocation will be led by Council McCree and Pledge of Allegiance by Mayor Marks. Bow your heads, please. Lord, thank you for giving us the opportunity to come here tonight. Please give us clarity, understanding, and a willingness to listen so we can all work together to do what's best for our city. keep our leaders in in your prayers and and place a protective hand over them because because of the the situation that that we are in right now and and keep them safe. Keep our military that's deployed overseas safe and and bring them home to us hold Jesus name. Amen.

Amen. Please join to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Okay. If we could get a a motion to approve the city council minutes and the work session minutes. A move. Second. Okay. Can we get a roll call on that please? Annette. Mr. Creasy. Yes. Mrs. Golden. Yes. Mr. Lucas. Yes. Mr. Cybert. Yes. For zero nays. Uh we don't have any special city council minutes uh standing committees nor special committee. So we'll go to our report of officers. Mayor Marks.

Uh thank you Mr. Sabbert. Uh just want to announce real quickly we had another great weekend in downtown Athens at in the community all the way from uh the first Fridays after 5 to the boys and girls club for the derby party and other things. Our volunteers did a great job. I want to give a little bit of an update because there's some interest here from several of the people about Strain Road and want to clear up if there is any misunderstanding. Mr. Lucas and I have met with uh some of the property owners there and uh this project is well underway. So if you don't mind, let me just read this statement about Strain Road. Recently, we received several media inquiries about a timeline that we presented that work was going to be done in January. And they said that 90% and I want to stress that 90% of the engineered design has been done not that the work has been done. This project is alive and well and moving. We have met with the one of the farmers there about redirecting the stream to make sure that the water drainage is properly done. We have a map with that and Mr. Lucas and I talked a few minutes ago and going to meet again with the property owner on the far north end of that about the culver and how that is to be handled. I want to stress that the project is well underway. But it's like building a house. You got to make sure that the foundation is done properly before you can start moving water to be able to move the sewer. So, uh, just want to encourage you to, let's we're on way. I'm sorry we didn't miss having bulldozing things out there on January 1st on in I'm sorry in in January time frame, but guys, it's been an issue for

50, 60, 70 years. And for us to miss the time frame, I want to ensure you that the time frame will take place. We will be underway. And it is absolutely an alive and well project. I can't give you a time. We're meeting with our attorneys and and again the farmers about redirecting the entire stream. That stream is the whole key to how we handle the water from the east side by your house all the way through over to the old landfield. So just wanted to give that update and give that update to city council. Uh Mr. Lucas and I, if we meet again in a couple of weeks, if you're okay with it, we'll try to give you an update with the next meeting to give you the details of where we are.

So, thank you. Thank you much on that. Thanks, Ann. Mr. Lucas, Mr. Tracy,

I just like to reiterate um what Mayor Marks touched on as far as the events that that took place this weekend. The fact that our community can come together and and have things like that and and and and be able to one raise money like we were able to raise for the Boys and Girls Club, which was going to be a huge advantage to to the kids in our community, is is exceptional. you. We have people from all over the state, all over the southeast that are coming to us to try to find out the answers to how they can do it better like we have. Thank you, Miss Golden.

Okay. Well, I don't have anything. We've uh clearly got a big crowd, so we appreciate your involvement and uh your input. And we'll jump right into that. We're going to start with a public hearing. First thing we're going to have to kick this public hearing off is uh is a presentation from our city planner, Erin Tidwell. And I think everybody should be able to see those slides. All right. So, why don't you go ahead and kick us off, Erin, with what we're charged with doing tonight.

We will jump into it. So, what's on the agenda tonight um is a proposal to the city of Athens zoning ordinance um regarding um data centers. Um and so what we're doing with this, it's a fairly simple amendment. It's just clearly identifying data centers as a specific use or a defined use. And then is this better?

Okay. All right. So essentially, we're going to amend the zoning ordinance. We're proposing to amend the zoning ordinance to clearly identify data centers as a defined use and clearly define that data centers are a conditional use in the heavy industrial district in Athens. And that's it. That's the only place. And it's not a permitted use, it's a conditional use. Right? So, so what are we doing? Um, so we're going to go through the what'ss, the wise, and what does it mean. So, um, we're getting best practice updates regarding data centers because they're, um, a more common use now. And so, the increase in data center development across the United States has given us new best practice guidelines. And, um, those best practice guidelines are coming from leading agencies in the field of land use. So, like the American Planning Association, the National League of Cities, etc. Um, and when we adopt best practices, that allows us to be proactive instead of reactive. So, we can put these um, amendments in place before a use gets in front of us to help us know how to handle it. So, what we're seeing, the why behind that is with the growth of artificial intelligence and the need for more data centers. Um, that's the big driver. A common challenge facing local governments is that older zoning codes. So, if your code's over five years old, it's probably be classified as older. Um, do not explicitly address data centers. They're not a defined use in there because it wasn't a common use prior to now. These facilities are going to fall between classifications in your use tables. And so, that ambiguity in the use tables will result in a case-byase determination and ad hoc review processes. So, we're going to have to take them up on a case- by case basis. There's no set review process. And that is a direct quote from the National League of Cities um in their

directive on community strategies to address data center development. So the first thing we want to look at is what does our current use table look like today. So if someone came to us and said, "Hey, we want to put this in Athens." We would have to fall back on the most similar use. We can't say, "You're not in there. You can't come." We'd have to say, "Well, what are you most similar to?" because our list of uses, they're not exhaustive. So, more than likely, um, what we've seen in other places, what we probably see here is they'd probably try to say they're a warehouse. Okay. I'm sorry.

Is is this better?

That's just very loud. Okay. So, our current use table um does not address data centers. Um, but it most we'd have to fall back on most similar use. And most similar use would probably be something like a warehouse or a warehouse in distribution. Per our current use table. Um, a warehouse is permitted by right in a M1 a light industrial district or an M2 a heavy industrial district and it's a conditional use in a warehouse. I mean, excuse me, in a B2 commercial district. So, think Highway 72. Um, warehouse and distribution, excuse me, warehousing and distribution, very similar. It has a little bit more intense use. It's permitted by right in a light industrial district and a heavy industrial district. Um, the thing we have most similar that is a conditional use only in the heavy industrial district would be heavy manufacturing. So that's going to be uses that provide or pose potential adverse impacts on neighboring properties. They have to go through this special permitting process and they're not guaranteed approval. So that's today, right? All right. We're not alone in doing in making a data center a special permitting process. Um this is a what I found from a simple Google search. Um, you've got Birmingham, um, Bowling Green, Kentucky, Virginia, Tennessee, Georgia, Kansas, that's Kansas City, Oklahoma City, some communities in Pennsylvania. A lot of communities are taking best practice and they're amending their zoning ordinances to directly [clears throat] address data centers. And so what they're what we're seeing is they're making this a special permitting process.

So right. All right. So once again, why are best practices? Why are we amending best practices? Why are we getting additional information about what we need to do to our zoning codes? Excuse me. So from the American Planning Association, what they're telling us is that um they this is a direct quote from the exterior data centers may be physically indistinguishable from many commercial or light industrial uses. So from the outside they look like a light industrial use. However, the operational characteristics of these facilities are distinct. They're quite distinct from the surrounding land uses. And from a planning perspective, the most noteworthy characteristics that set them apart relate to their electricity and water use, their noise production, enhanced safety and security needs. So, think lighting, and their low employment densities. So, you could have a data center on 250 acres that can employ 10 people. That's something that to keep in mind. So these best practices that are being given to us are encouraging us to ask to look at our zoning and ask, hey, what do your zoning ordinance does it currently address data centers? And if it's older, if it's over five years old, it's probably not going to. And then it's going to ask us, hey, where could data centers currently be allowed in your existing code? That's what we just looked at. All right. Well, where should they be permitted? And not just should they be permitted. Should they be permitted by right or should there be a special permitting

process that allows for additional review? And not just that, is there a codified way, like a set way for the public to provide feedback? Right now, we don't have that. All right. So just to for comparison um because we keep using these terms by right and conditional use um by right is a streamlined process. That means you meet all zoning requirements today. You're allowed without any discretionary review and without any public hearings. So you're allowed by right. Now a conditional use is different. Um, conditional use means that those projects are only permitted if they're approved through a discretionary review process. So, in this case, if the planning commission approves it, that's [snorts] the only time they're approved and permitted. And with our code, these uses generally have unique or intense impacts whose effect on the surrounding environment cannot be determined in advance without additional review. and public hearings are required for conditional use and public notice is required for conditional use. Once again, we don't have that today, right? So then a question comes up about, well, can't we just ban data centers entirely? Can't we just zone them out? The issue with that is outright bans of an entire industry make the city legally vulnerable. It opens us up to um lawsuits. We don't have to go very far to see this in action. Um if we go just north of here in Hawkins County, Tennessee, a federal lawsuit has been filed against them. and um Exotic Ridge, which is a data center.

They claim that Hawin County's ban of data centers is a violation of the equal protection clause and the due process clause because they singled out a um one industry. So, those are what the types of claims we're trying to um we're trying to um uh that we're trying not to uh have placed against the city by going with conditional use. All right. So, the question is what are we what are we proposing? Um what we're doing is we're just making a tiny change to our use table. This is table 54. We're listing data center as a um its own line item. Currently does not have one. We'll just go in and make data center its own listed use. And then we'll clearly identify that a data center is only a conditional use within the M2 district. So what that means is a data center they can't come to us and say we're a warehouse. You're not a warehouse. You're not an office. You're not a distribution center. You're a data center. And not just that, you are not permitted by right. You're a conditional use. You've got to submit a conditional use application. You've got to go through additional review processes. And there's going to be public hearings involved. All right. So, the question comes up about, well, where are the M2 districts in Athens? Um, we have one location that's zoned M2, and um, this is on Wilkinson Street. It's an existing industrial area. Um, within that industrial area, there's roughly 74 um non-ontiguous acres that are currently still undeveloped.

Um, that means those pieces uh of property are not connected. of those 74 acres, the largest parcel that is still undeveloped is about 34 acres in size. So just something to be aware of. All right, any questions from the council so far? Well, and the typical size required is what 200 to a,000 acres? Yeah, generally what we see um generally what we see or what we've been seeing with data centers is they need somewhere between 200 and a,000 acres. Um so yeah, biggest piece we have is 34. That's correct.

So all right. So um what we'll do at this point is just go through what zoning ordinance section 2.5.3 says um because this is the section that regulates how a conditional use um will be reviewed. All right. Um [sighs] so in light of reading this entire section um I'll hit the high points and we'll go through the review standards pretty heavily but essentially um as we mentioned previously a conditional use is something that is unique um such that the effect on the surrounding environment cannot be determined in advance of being proposed in a particular location. Um, conditional uses must be reviewed in terms of existing zoning and land use and um in the vicinity of the proposed use and whether to what extent the use at the proposed location is consistent with the comprehensive plan, the intents of the zoning ordinance and any other development policies and/or regulations of the city. We also have to look at whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the proposed use on the immediate vicinity and on the public health welfare and safety. Um requests for conditional use as designated within the district regulations are permitted only after approval by the planning commission and once again approval is not guaranteed. So, [snorts] all right. Um, you have to submit an application. You got to submit it in a manner consistent with our planning commission review timeline. Um, conceptual site plan has to be submitted that shows your basic site plan elements. Um, application fee of $100 to cover the cost of processing. Um, section B is really the meat um of the review process. It outlines our review standards.

Um section B of 2.5.3, the commission shall schedule a hearing on the application um after all notice provisions have been um complied with. That includes public hearing, that includes written mail, those types of items. Um and then the commissioner shall have 60 days in which to approve or deny the proposed conditional use. So what are the review standards? What are we looking at? So, in particular, the commission shall determine that satisfactory provisions have been made concerning the following. We're going to look at access um to and from the property, to and from any structures or uses on the property. Um we're going to look at traffic flow. Um do you have emergency access? Is that appropriate to the property? Those types of things. The use the property, it has to front a public thorough affair. um has a a public street can't be a private street. We're going to be looking at the location and accessibility of all off- streetet parking. Where is that at? How do you get to it? The location and accessibility of refuse or garbage in service areas and there are potentially adverse effects on surrounding properties. They have to provide us that information. Um uh item E, screening and buffering of potentially adverse views and activities from surrounding properties. They have to provide that information. Um item F, control of noise, glare, odor, surface water runoff, other potentially disturbing impacts on surrounding properties. They have to disclose that to us and explain how they're going to mitigate. Um, we have to look at the availability, location, and capacity of utilities. Within that, they're going to have to give us their demand. And once we know the demand, we'll know if we have capacity. Um, we're going to be looking at the

location and scale of signs and lighting. Lighting is of particular interest um, just because that can have an adverse impact on neighboring properties. Um then finally we're going to be looking at bulk density and lot coverage of structures and compatibility with the character of existing um area. [clears throat] So once the review is taken place the u planning commission looks at those items then the commission um can look at conditions. So the commission may impose such conditions for approval as it deems necessary in the particular case to protect the public interest and further the purposes of this ordinance. So protect the public interest and further the interest or the purpose of the ordinance um in relation to both the items for review as well as any factor that the planning commission deems relevant. So they can impose conditions however they seem fit um to meet the intents of the ordinance. Such approval and condition shall be granted to the property structure andor use for which the conditional use is approved and not to a particular person. So those conditions for that use are with that property. And the unique thing about conditional use is that violations of conditions attached to any conditional use constitute violations of this ordinance. So if the planning commission were to impose conditions on this or any other conditional use and those conditions were broken, we have a legal process to then go after someone. All right. And then item three, without approval by the commission, the conditional use shall be deemed to be approved, in which case the applicant may then proceed with any other required approvals or permits. If it's disapproved, if the commission denies

the application, there's an opportunity for the applicant to appeal to the city council, but they have a limited time to do that. Such appeal shall only be accepted within 15 working days of the decision of the commission. So after those 15 days, their appeal timeline is done, right? And then um there's a limit on how they can reapply. So no new application shall be initiated for the same request on the same parcel of land more than once a year unless specifically authorized by the commission. And to do that, there has to be new new circumstances. So [sighs] that's on the grounds that the circumstances and conditions relevant to their request have changed significantly and they have to make that case to the commission before they're allowed to reapply. All right, so that was a lot of information, but to summarize, our zoning ordinance as it's currently adopted does not directly address data centers. It just doesn't. That does not mean they are not currently allowed. It means that they fall between uses. So there's not a set classification for data centers that leads to legal ambiguity and there's no legally defined review process which opens us up to case by case determinations. But best practice that we're receiving from organizations like American Planning Association and the National League of Cities. They're advocating for communities to close loopholes and clearly define data centers as their own distinct use and define where they're permitted and clearly define the review process to ensure that all those operational characteristics, the utility use, the noise, the lighting that all of that can be taken into consideration. So what we're proposing tonight is to clearly define data center as a conditional use so that we can take

those operational characteristics into consideration and that if for some reason we needed to deny the use we have legal grounds to do so as of right now. We don't have that. So do you have any questions for me?

Miss Cart, if I may just add a couple of things. I I really want to applaud the planning commission that you guys appoint. I appreciate that there are nine members on the planning commission and they took a proactive stance on how we could look at a conditional use to try to address this issue that's obviously a pretty emotional issue around not only here but in the country. uh uh you know and there is a lot of information [clears throat] we tried to push out for the public and for the media and there is misinformation and quite honestly there is disinformation and that has created a lot of issues in our community that I hope we can clear up. We're trying to be proactive. I have signed lots of NDAs, non-disclosure statements on retail and commercial properties that I've worked over the past few years. I have never signed nor do I currently have any knowledge of a data center in Athens, Alabama. We do not have one. I have not been approached by anyone and we're doing our best to be proactive for the best interest of you as citizens and me on the impact of what a data center could be in our community. And the reason we put conditions on it is it has to meet those specific conditions to even be addressed. And then there are public hearings around that process. So, I just wanted to make it clear. I don't think any of you have signed an NDA about a data center anywhere. I again applaud this government body for even addressing this. So, Erin, thank you.

Absolutely. And just to add to that, we're not the only ones that are doing this locally either. Um I think the city of Madison has a very similar very similar um proposal to ours that they're looking to adopt um in their updated zoning ordinance. um the city of Franklin, Tennessee, who we look to quite a bit for guidance, they've already done something uh that's actually less restrictive to what we're proposing tonight. So, I'm sorry. Yeah, the city of Franklin, Tennessee, they've um already done this. Um it's just less restrictive

the the conditional use and and for the crowd, none of us are zoning experts up here. These things go through the planning commission. Rick Johnson's knows a lot about the planning commission. I know. um they only come to us if they've been approved or if they're not happy with the result and they want to appeal it. So we have to always get guidance from Aaron and planning commission. But this conditional use, just so everybody understands, that's the most restrictive use we can place on it to go through the most gating items, the most checks and balances. Yeah. I mean, this is one of one of the most restrictive review processes we have for an item that can still be approved.

Um, and through that, we can place, like I said, additional um restrictions on the property and we can say no. And we can say no and we can legally say no. Um, so

if they if they if you don't have a category, and correct me if I'm wrong, if it's just they try to come in with Meta comes in here with some really high-powered lawyers and they've made an offer or they have a uh an option to buy somebody's land that sits within the city and obviously that person's probably going to want to sell them this land. They're not going to buy it unless they can do this and we don't have a category. Then they're going to come in with these lawyers and say, "Well, you have warehouse as a permitted use. We're going to somehow get grandfathered into that." That's the claim they're going to try to make legally. And if we don't have something in place to try and combat that, then um we're pretty exposed. And that's why we're taking this is not data centers are pouring in here.

Uh it's not that at all. We don't, as we all said, none of us have any knowledge of anybody wanting to place a data center in the city of Athens. So, uh, if you, if you've read that or heard that, it's a it's a lie. Uh, none of us have any knowledge of that. Now, I'm there could be one in Limestone County that none of us know about. There's not one in the city of Athens. And, oh, by the way, there's not a zone piece of property big enough to do it. So, uh, that's kind of where we're at. We're trying to put guidelines in place to be able to deal with somebody if they come to us so that we have legal grounds to kind of deal with it.

So, with that, um, Erin, just stay off to the side if you want, but I'm going to open this up to the public and, uh, I guess formally open the public hearing. If you do come up, you have three minutes. Please state your name and your address and we will ask because there's a lot of people here and I don't know that everybody wants to speak but be mindful of the clock. You running the clock, Justin? Okay. So, please respect the clock if you would.

Thank you, counselors. Uh my name is Charles Miller. I'm the policy director at the Alabama Rivers Alliance. We're a statewide nonprofit 501c3 dedicated to protecting and conserving Alabama's water resources. We're based in Birmingham. address is 44395th Avenue South. Uh, and I just wanted to commend y'all. Uh, we've worked on a lot of these proposals both in Birmingham and we were involved in the fight against the one in Bessemer, which you may have heard of. So, I've kind of seen the good and the bad. Yeah.

And I think this definitely puts y'all in the good category. You know, acting proactively before somebody comes in, makes a proposal is definitely a very, very positive step. And so I just want to commend the planning staff, the mayor and the city council for considering this and I think it's going to do, you know, what you guys want in terms of protecting your citizens, protecting your natural resources, and making sure that, you know, bad actors don't come here and try to take advantage of the city of Athens. So, thank you. Thanks. And [clears throat] and just uh for the record, guys, that the one he's referring to in Bessemer is 1,600 acres. So, the biggest parcel we have is 34, just for a point of reference.

Good evening. I'm Diane Steel with the Limestone County NAACP 809 Hobbs Plaza Sweet D Athens, Alabama. Uh I just want to commend you as well planning commission uh to have uh made sure that there were conditional use for data centers. Uh I still uh some of the language may have not been as uh practical for some of us, but a couple of things that we're concerned about. Uh you talked about the M2, is it the M2? U heavy industrial. I would like for you in plain language. I know you put it on the screen, tell us where those heavy industrial uh areas are in Athens, Alabama,

please. Yeah, go ahead and put that map back up if you would, Justin. Please. Um Justin's going to put the map back up here, but there's only one location in Athens that is zoned M2. Um and that's the Wilkinson Street Industrial. um the industrial district. And so Wil uh Elm Street is to the south. Uh Wilkerson goes through the middle and then um it comes out at Airport Road on the north. And it's not all of Airport. Um just a portion. So um Gregory Industries is that large parcel up there to the right. So it's kind of right above the Eagle Diner if you know where that is on. It's just right above that.

So the majority I'm sorry is there another classification M2. No, ma'am. The only place this would be permitted if approved is as a conditional use in the M2 district to be restricted to that district. And it may be helpful, Dian, just a second is the lefthand map is just showing the city limits of Athens of all of the incorporated district and out of all of that area, the one area that's about 34 acres there, 74 acres is in the industrial park right off Albert Street. That's your map on the right side. Yeah, there's I could have sworn it was another category in the announcement the public hearing

we would there is an M1 but we wouldn't we're only going to put it as it can be an M2.

Well, see that's what my concern is. Uh and even with Wickerson Street um Okay, thank you. the the the concern is is that even in heavy indust uh industrial uh sections of town, they're in neighborhoods. They're around people and that's our concern. Uh Elm Street, uh there are people living there and there's even the diner as you mentioned and we are concerned about the safeguard for residents in those areas even though you've designated where they can be. That's one concern. The other concern is and I will give you what we are proposing as conditional youth use. If it's if it's not covered in yours, we would ask you kindly to add these conditions. The other concern is the environmental impact. And I know you you did touch on some things that were cons concerning to us already, but the environmental impact of is so harmful for residents uh in terms of health and all of that. So we're concerned about that in M1, M2, wherever they end up in they're they're in communities. They're in communities. So we have to safeguard those people. The other thing, and I bet a lot of people here concerned about it, utility bills.

Okay, we want some type of assurance that our utility bills will not go through the roof because of a data center. There needs to be something within your conditional use. And I may have missed it, but you are strongly saying that those developers, they have to do something so that our utility bills will not go up. Okay. Those those are some of the And we would, Miss Ste, we would ask that we we got a lot of people here want to talk. So, we're going to try. Did I take Did I Yeah, it's three minutes is up. Oh, okay. But anyway, we had some But I'll give it to you in writing.

Thank you. And and and just for the record, we're not proposing this being an M1. We're only proposing that this being an M2. Right. I understand what you said. I'll be glad to give this to you in writing with all of our Sure. I understand. And we'll certainly take it under consideration. Thank you for the time. Sure. Thank you. You would just uh give us your name, your address, please. Anthony Demarty, 21826 Sherwater Drive, Athens. Okay,

I do also want to reiterate what everyone said. I do commend you guys for approving and moving towards conditional use, but with that said, I think there it doesn't go far enough. As as she was saying, there are not conditions for the conditional use. Uh I'm a noise and vibration consultant. That's where I can speak on this. There is no noise limit. It's only a nuisancebased noise limit. doesn't actually protect us from noise or any impact. Like noise is a hard and fast thing. There should be limits for these things. There should be power limit usages. There should be water usage. I think this is a great first step, but we should move further and explore a more restrictive ordinance similar to other places like the places have implemented this sort of thing, but places have put even further restrictions even beyond public hearings, community meetings, outreach, other things on top of that. I think that this is a great first step, but we should move uh beyond that.

Okay. Thanks. We appreciate you. [clears throat]

Hi, my name is uh Tracy Eder at 17390 China Berry Road. I'm a former software engineer starting in 1976. I've been around this stuff for years. Um but I am retired. Um however, I would like to add to commending you for wanting to make conditional use. I think that is important from a legal standpoint for our city of Athens. We don't want to be challenged for not even addressing it. However, um I think it's really important to also note um I want to add to your statements. It is very important that we are very specific about the restrictive uses so that we're well prepared. Given that you're trying to say it's a 60-day review cycle, that is not enough time if we don't have additional restrictions already decided upon for something this technical and this impactful to our environment. You know, in a a large data center, which a 34 acre can actually take a medium data center, but a large data center consumes as much water as a city of 50,000 people. Do we have the infrastructure for something like that? We have to consider those things or we're going to be in trouble later if we just get bamboozled, if you will, by a proposal by a company that is technically savvy. So, I just ask you to please consider further restrictions. Thank you.

Thank you. Or a longer review time. Sure. Thanks. We appreciate it. Uh, good evening everybody. Uh, Nick Bryan, 24978 Grove Hill Lane, Athens, Alabama. Uh, as everybody else has said, appreciate that everybody's taken some time and thought to try to make this process more restricted to prevent such a thing from happening. My question would be is is it possible putting the restrictions that a data center would have to have a public referendum to have a a citywide vote uh for approval?

Oh, a referendum. Um I don't know [applause] that that would not be eliminating their due process. They would still be a process for them to get an approval, but it would take a a city vote. Okay, thank you.

Typically things Yeah. that are that require a vote or constitutional amendments if I'm not mistaken until we know whe review period to be able to properly develop ordinances andclude things like water. Okay. You um you want to speak to that?

The you mentioned moratoriums and a lot of communities right now are putting moratoriums in place so that they can then come in and address the zoning portion. The zoning portion um Emily backstep. A lot of those communities are having to do that because they have a data center at their front door. We don't have that right now. And so what they're doing is they're putting a moratorium in place and they're coming back and they're doing what we're doing tonight and they're amending their zoning ordinance. Um and so to put a moratorium in place there has to be an end goal. And so um we're we're in the process of

that most I appreciate that comment. Um most of the moratoriums we're seeing right now are about six months just to give folks enough time to put zoning in place. Um but what this will do, what this amendment will do is essentially allow us a additional review period and it'll allow us to put those specific conditions that have been mentioned um as legal checks if needed. And like mayor mentioned, we don't even have a data center proposed in Athens currently. So, um, this is a, um, kind of a, just like I said, it's best practice amendment. So,

yep. Anybody else? Anybody else would like to come up?

We Woodruff, 200 Christine Street, Athens, Alabama. U,, it's already been said what I'm going to say, but I just want to reiterate. I would ask this council and the mayor to be specific when uh if in the future we're dealing with the uh planning commission's request to add a data center given that we had a zoning area that was big enough to handle it. you know, we don't want uh just mediocre things mentioned in the ordinance. We want, you know, details so the citizens would know what they're going to get, what they're going to be exposed to. And uh I would request that this council really require them to look at the environmental effects as well as the cost to the utilities and the water usage. Thank you.

Thanks Luella [clears throat] Parker 95 Street Adams Alabama. [clears throat] I'm learning about the data. I can say this for experience.

I can say this for experience. [clears throat] I know where I live at now. And I know we're not talking about this particular thing, but I hope it don't come like it happened to us at first. I mean the community that when they decided to run a situation which was the sewage, we were notified nothing. We the community didn't know nothing. They ran the sewage down. This is not about the sewage, but I pray that this data that is going to harm us, the water, which we're dealing with now, the electric bill, just let us know what you going to do, okay? Because it's a lot of sick people already. So, let's be honest with ourself with this plan is really who it's going to affect. Thank you very much.

Thank you. drive time. Sure. Yeah. Just give us your name and address. Yeah. Richard Grace, 25752 Summerwood Drive. I'm in Limestone County uninccorporated. And so, uh, you all you've did, uh, Miss Tidwell, you did an excellent job at covering a lot of the bases of concerns. We weren't quite sure, just like everybody else, we thought this was possibly proposing and setting the way for a data center. Now, I'm in the county, so whatever happens in the county, we're talking data center and the environmental impact. It's going to affect the city. It's going to affect everybody in our surrounding area. Uh have you teamed or talked with the county or does this uh also affect the county as well too? Do do you can you address that?

So the question in front of us is whether or not the zoning amendment or the proposed zoning amendment will also impact the county. And the way the zoning works is um we only have jurisdiction for zoning within the city limits of the city of Athens. So Limestone County um unincorporated would not have any zoning um protections. No conversations with county commission to share that data concern that there may be because whatever happens in Limestone County is going to affect Right. I'd be happy to share all this information with them. Um just traditionally they haven't been able to adopt zoning regulations. They don't have that authority. So um I don't ask. Yeah,

it's my understanding that has been discussed at that level. I think it's called home rule or it's it's it's treated a little differently in counties that are unincorporated, but u it's never it's never been passed. Correct. I don't even know that it's been to up to a vote, but sure. So, you're doing great work and that's going to do a lot of benefit to Athens, but whatever happens in uh Limestone County, it's going to affect your community as well. So, consider that. Yeah. Thank you. Yeah. Thank you. Sure. Thank you. Anybody else? Well, you get one time. Oh. Oh, [clears throat] okay.

Yeah, it it is by ordinance. I'm sorry. Like 30 seconds to say one thing I forgot about. I would like your um your conditional use to also address or your characteristics to also address the disposal of those servers after 3 to 5 years with their lithium batteries because I didn't see that in the slide and that's what happens with data centers. Thank you ma'am. [applause]

Hello. Hey, Maxim Von and Co. 808 Jackson Drive, Athens. Um, and this is a great first step, conditional use. It's awesome. But we do definitely need those conditions. Noise pollution from data centers. A quick Google search will tell you it's it's pretty noisy. It's like traffic or driving in a car in a on a windy road and it's constant 24/7. Light pollution, water usage, electricity usage. Those conditions have to be met and it has to be limiting. think I'm not opposed to data centers overall, but they need to be somewhere else where people don't live, you know, not not in somebody's backyard. Okay. Thank you. [applause]

Hello, my name is Jennifer Label and I live at 15606 Brickman Lane in Athens, Alabama. Um, thank you all for being so proactive, everyone here and all of you guys. Thank you. We really appreciate it. Um, I just I think everyone has brought up some really great considerations. I haven't even thought of myself. Um, but I would like to uh just point out that I know it doesn't feel like a threat because we don't have a lot of acreage available if they were to come in, but can we still be extra proactive and make sure we set it up that just in case, you know, down the future they run into this with many cities that they start looking for smaller places and they model their data centers after small areas of acreage. just start to think about anything that can come at us like that. Um I think everybody um is really concerned just about health issues. That's a big thing. So, if we can um make it so I don't know if maybe we can set it up so if if they do cause any pollution or like we can go after them and say like you have to leave now or um set it up so that before they even come in maybe we look at the numbers from the other data centers around um the country and say okay how much pollution and and really get um I don't know how it all works but get the truth. So, um, if you guys can all just consider that, that'd be great. Thank you.

And let me let me So, the thing about ordinances, we have the power to change them. So, any of this kind of stuff you're talking about, look, we don't we don't know every single thing because these are new. And you're right, they're probably going to get smaller. Hopefully, they're going to get quieter. They're going to get less water. All those things. But we have the power to further restrict as we learn what else the problems are with these things. So we we're committed I think we hopefully we're showing you we're committed by this first step to continue to evolve as we learn of the things you're describing and are able to put language within that that makes it tougher. Yeah, that'd be perfect to get some really tough language in there. Sure. Thank you very much.

I think we're committed to that based on our actions. I appreciate it. Everyone here appreciates it. Thank you. Does anybody else Does anybody else have anything? I do one more time. I know I already spoke, but you guys keep talking about this commitment. I hope you guys make a commitment to currently you have no sign in the future with the public with these new [applause] We're we're putting a framework in place so we can have discussions. Yeah,

well I mean we're putting a framework in place so we can have discussions. So anybody else does anybody else have anything? Hi Jim Thompson 22086 Chall Lane Athens. I hadn't heard it mentioned but other cities have done it like Huntsville. What about when the city annexes into the county? If you were to annex a large section of property, just something to think about. So, if this comes up in the future, we go ahead and if you annexed in 10,000 acres, all of a sudden there's a section here that is that size. Yeah. That could possibly uh be used. So, just a thought.

And they'd have to just so they'd have to request zoning, right? and go through the zoning process first, then the conditional use, and then okay, there'd be a number of steps before they were able to do that.

Anybody else? I'm Rhonda Weatherford. I live at 312 East Washington Street and I'm on the infamous planning commission. Um, what you're voting on tonight is to give the planning commission a tool to use called conditional use. We've asked for it because we need it to protect our community from adverse effects of data centers. Without this tool, we have no ground to stand on. And we need this so that we can stand up for our community for any adverse effects, be it utility bills, water use, noise, light, anything. I don't fully understand data centers, but I'm committed to educate myself about how it impacts my community. I need this tool so that I can make sure that any application we do receive has appropriate conditions that protect us. And so I'm asking you tonight to vote in favor of this. Okay. [applause]

Jared Schulty, 1036 West Washington Street. I think there's just not a lot of trust going on because this is kind of the same situation as the asphalt plant. So you're telling me they could have just sued the city, brought it anyway. That's why you had to deanex it. That way they could allow it. So, it's kind of the same thing. We are already protected. This is not really protected from anything. That's kind of like a bunch of word salad because there's no teeth to it. There's nothing else. You can shake your head all you want to. That's what the people can see. It does nothing. You're trying to protect us from something that doesn't exist. No, you're opening the door. Same thing with the uh same thing with the asphalt plant. You can't deny it. That's why people are here. Not a lot of trust. So, [applause] [clears throat] a lot of people are here tonight because misinformation and disinformation has been spread on social media over and over and over again. And when somebody throws out a bunch of crap day after day after day after day, this is what people think. And that is exactly what has happened. This council has not considered a data center in any form or fashion. The city of Athens has not considered a data center in any form or fashion. data center has been talked about in other areas of this county which we have no control and we have a group that has manipulated that information to try to make it sound like we're trying to take advantage of the city and that's not true like most things that that group spreads

we have no intention of putting a data center in the in the city of Athens we live here. We pay utility bill bill bills here as well. Don't go on social media and read a bunch of inflammatory mess and then think it's fact and then come up here and and expect it all to be true. Because if you look on social media for your source of information, then you're going to be wrong 90% of the time. [applause]

Yeah, I can't I can't really make it much clearer than that, but uh and I'm not really getting much distrust. I I think it's an honest conversation and u we appreciate the input like we always do regardless of what you might read on this garbage he's talking about. We appreciate the input and um I think it's been u I think it's been a civil, which is nice, a civil discussion like we used to have up here. So, uh, my name is Allison Word, 2026 Lindsay Lane South. Um, I just have kind of a general question. Um, from my understanding,

there's nothing protecting the county from having a data center move in. So, my general question is just what what can we as citizens do to change that? You can, we have no power to change that. You can talk to your county elected officials, okay? You can talk to your state elected officials, but we as a city council don't have any we're we're doing what we can to protect what we're elected to protect. And uh that's pretty much all we can do. But not not I mean I'm we like those guys, but talk to them. Okay. [laughter]

Anybody else? Carol Reyes, 25752 Summerwood Drive. Yes, ma'am. And I just wanted to rebuttal um towards the media, the social media. Yeah. Don't call that media though. It's not media. Social media. Yeah. Yeah. Um media has standards

because of the lack of transparency in all of the local and the city government. This is the only way we're able to find out what's even happening in our cities and our counties. Is there Am I missing something? Is there a way to get notices of what is coming or what we can vote on without having to go to social media?

There there's nothing to vote on here. Um but the the if if there's a real issue, you're going to see it on those guys right back there. If there's a real issue, you're going to see it on 1931 4854. you're gonna see it on real media. Uh I mean that that's where you're going to see it. What you read out there, there's just [laughter] I mean uh don't take any of that as fact.

And Miss Cybert, I may add to you their websites if you're not on our website with the city of Athens and u we put information out. Justin is part of the public relations part of our city and I don't know whether you own any of that or not but I would encourage you to do so. We we have uh X we have well I mean I'm not a big social I mean honestly but we have a Facebook site the city when I say we what we put out is is what you can believe. Thank you ma'am. I didn't get your name. I'm sorry. Carol Reyes R. Thank you. Can we read the meeting minutes after these?

Sure. It's all public. It's all public. Yes, ma'am. This is recorded. It's all public. So, I can find it on the city. Yes, ma'am. Thank you, sir. These are broadcast. Anybody else? Well, we appreciate your input. Uh you're welcome to stick around for the less exciting part of the meeting if you'd like. Uh or you're welcome to leave s somewhat quietly if you'd like, but your choice. I'll give you an opportunity if you don't want to stick around for the mundane stuff.

Some of them want to hear the V. film. Maybe not. Hello guys.

wanted to move out. I think the first thing we need to do is formally close the public hearing. We're going to close the public hearing and um thank everyone for their input. We have an ordinance. Coach C or Council Ky, we need

I'll try not to get as excited on this as I did before. Whereas the pling planning commission of the city of Athens, Alabama proposes that the Athens city council further amend ordinance number 2017- 2016 with amendments 2019-2079 2020 20 2140 21 2021 208 20 21 2067 20 30 uh 23 3 2068 2023 22 98 2024 20 300 2024 2308 2024 2309 2024 2355 2026 2402 2026 243 zoning ordinance of the city of Athens Alabama zoning ordinance whereas at its regular meeting on March March 17th, 2026 at and after the public hearing, the planning commission issued a final report and recommendation that the city of a that the Athens City Council amend ordinance number 2017, the zoning ordinance of the city of Athens, Alabama, as set forth herein. Whereas after having received the and considered the information from public hearing and having fully deliberated these matters, the city council desires to amend the zoning ordinance as set forth herein and therefore be it ordained by the city council of the city of Athens, Alabama while while in regular session on 20 on April 27th, 2026 at 4:30 as follows. The city council proposes to amend table 1-4 uses by non-residential district of the zoning ordinance of city of Athens.

All right, that's yeah. Do I need We got a second on the rule suspension. Net, would you please call roll on that? Mrs. Golden, yes. Mr. Lucas, yes. Mr. Cesy, yes. Mr. Cyber. Yes. Four. Zero Naz. We get a second on the the ordinance. Second.

Uh any comments? I think we've beat this issue around pretty good. Hopefully, we've given confidence to the general public and to whoever's left here that we take this serious this this uh issue seriously and we're going to not just throw something into our city that we all love and it's the reason we stand up here and take this abuse like idiots. Uh but we're definitely going to certainly take all things into consideration and not just throw something into our city. Um so we appreciate your input and I feel like uh as as we said, we're committed to evolve it as our planning commission gives us feedback as as these type structures change and and we actually have a request at some point maybe. But anyway, um if there's no questions from you guys, then let's put it to a vote.

Okay. Mr. Cesy, yes. Mrs. Golden, yes. Mr. Lucas, yes. And Mr. Cybert, yes. Forier, zero maze. Okay. Uh the next item on our agenda is uh a public remark section for the rem

Oh, I'm sorry. It got lost in the mix, didn't it? Okay. We have a very uneventful public hearing relating to the zoning approval of the sale of alcohol in the city of Athens by Publix at 14210 Moresville Road, Athens, Alabama 35613. We will open that public hearing for public comment. Anybody like to comment on that? Okay, we will close that public hearing. Our next item is public remarks regarding any of our agenda items that um we haven't already spoken quite a bit about. Does anybody have any comments about any of our agenda remaining agenda items? Okay, we'll move on. Consent calendar. Um, Mr. Lucas,

a [clears throat] a vid resolved the city council of the city of Athen, Alabama to reappoint Rebecca Davis to the Athens Historic Preservation Commission for a three-year term ending April 27th, 2029. B is be it resolved the city council of the city of Athen Alabama to set a public hearing for the regular meeting on May 26, 2026 to consider the request of Keith Johnson Road to reszone plus or minus 61.79 acres of property located at 2088 Lindsay Lane from Seput Conventional Plan unit development to R13 to R-1-3 highdensity single family residence district within the corporate limits of the city of Athens. C be it resolve the city council of city of Bath, Alabama to set a public hearing for the regular meeting on May 26, 2026 to consider the request of Steve Dornan to Steve Darnan Obo Friendship Church, Alabama to reszone plus or minus 1.75 acres of property located at the northwest corner of West Washington Street and Lucas Fairy Road from NS NST in industrial district to R-1-2 medium dens single family residential district within the corporate limits of the city of Athens. The be it resolved by the city council

of city of Athen Alabama to set a public hearing for the regular meeting on May 26, 2026 to consider the request of Clint Newton Newton Investment Properties LLC to annex plus or minus 18.8 8 acres of property located directly south of New Cut Road and approximately 1.30 that's west of Lucasf Fair Road and zone the property R-13 high density single family residential district within the corporate limits of the city of Athens Alabama. E resolution to surplus sanitation equipment. Be it resolved by the city council of the city of Bath and Alabama to approve the sale of the following surplus surplus equipment items from the sanitation department. Proceeds from the sale of which are to be credit to the sanitation department capital account. One is a 2015 MAC [cough] MRU633 [clears throat] CNG garbage truck. Two is a 2010 MAC res00 garbage truck. Three is the International 4400 4x2 DT 466. Four is a 1996 Ford L8000 leaf machine. Five is 20 2006 Dodge Ram 1500 quad cap pickup. Six is the 2006 Matthew Ferguson. 574 tractor.

Item G, resolution to purchase for city clerk's office to purchase furnishing be resolved by the city council of city of Ban, Alabama to approve the purchase of furnishing for the city's clerk office at a cost not to exceed $7,000. This purchase will be made from the UN company through state of Alabama contract B394 and will be funded from the existing city clerk office capital account. H is be it resolved by the city council of the city of Alabama to city of Athens, Alabama to approve the purchase of a Kabota M5-11 tractor and a LA1854 loader for the street department. This purchase will be made from H&R Tractor and Equipment through Fourth Whale contract number 43269 at a cost not to exceed $55,000 plus the tradein value of a 2011 Kabota M8540 tractor and will be funded from the existing street department capital account. F be resolved by the city council of city of Athen Alabama that the city enter into an agreement with skipper consultant incorporates for the provision for the provision of engineering service as outlined in the pro proposal data dated March 26, 2026. Be it further resolved that the cost for the service totaling $63,000 shall be funded from two sources. $31,500

will be funded from the engineering department capital fund and 31,500 will be funded from the street department capital fund. I be it resolved by the city council of city Alabama to approve the payment of budgeted travel education expense for for specified water service employment in the total amount of $2,99420. J be it resolved that city council of city of Athens, Alabama that the city enter into an agreement with the state of Alabama to maintain approximately 167 linear feet of concrete sidewall walk within the ROW of Alabama-2 US72 that would be installed at the part of the Murphy Murphy Four gas station developed. K be it resolved by the city council of city of [clears throat] absson's Alabama to purchase one 2026 Dodge Ram DT500 crew cab care 4x4. This vehicle will be purchased through the state of Alabama bid list from Styles Dodge at a total cost not to exceed $49,82148. Funding for this purchase will be from the police department existing capital expenditure account. El be resolved that city council of the city of a Athens, Alabama to approve the low bid from Styver Ford Lincoln to

purchase six 2026 police intercepted SUV vehicles at a total cost not to exceed $399,54186. Funding from this purchase will be from the police department existing capital expenditure account. M be resolved by the city council of the city of Athen, Alabama to res reset a public hearing for the regular meeting on May 26, 2026 to consider the request of Morel Engineering OB/Z LLC to annex plus or minus 0.63 63 acres of property located at 22728 Pepper Road and zone the property B-1 neighborhood business district within the corporate limits of the city of Athens, Alabama. Right. Can we get a second to that?

A second. Any questions on any of these? I know that was a lot. [clears throat] Okay. Can we get a roll call, please? Mhm. Mr. Lucas. Yes. Mr. Cesy. Yes. Mrs. Golden. Yes. Mr. Cyber. Yes. Four. Zero. Naz. Item N. Councilwoman Golden.

Resolution. authorizing the electric services department to accept the low bid of $236,245 from Grayson Carter and Suns Contracting Incorporated for the civil engineering or civil grading work at Swancott substation with cost to be paid from the city of Athens 2022 warrant fund. I move we suspend the rules. They're going. We got a second on the rules from Councilman Lucas. We get a roll call on that, please. That Mr. Cruy? Yes. Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Cyper? Yes. Forier zero nays. And can we get a second on the resolution?

Second from Councilman Lucas. Any questions on this one? Okay, we get a roll call on that, please. Mrs. Golden. Yes. Mr. Lucas. Yes. Mr. Cesy? Yes. Mr. Cyber? Yes. Fore zero nays. Item O, Councilman Cesy,

resolution authorizing the electric service director to purchase a security fencing for the Swan Cot substation from Athens Fence Company Incorporated at a cost of 27,825 to be paid from the city of Athens 2022 warrant fund. Move to suspend. Second. Second by Councilman Lucas. Can we get a roll call on the rules, please? Mrs. Golden? Yes. Mr. Lucas? Yes. Mr. Cesy? Yes. Mr. Cyber? Yes. Borier? Zero Naz. And can we get a second on Councilman Cesy's resolution? Second. Second by Councilwoman Golden. Any questions on this one? Comments?

Okay. Can we get a roll call on that, please? Annette. Mr. Kasie. Yes. Mrs. Golden. Yes. Mr. Lucas. Yes. Mr. Cyber. Yes. Four. Zero. Naz. Item P. Councilwoman Golden. Ordinance amending the code of ordinances of the city of Athens, Alabama to include section 49-9M concerning commercial buck bulk container services in the downtown area. All right. We get a motion to suspend the rules. Mot. I move to suspend the rule. Second. Second by council cesi. We get a roll call on the rules, please. Mr. Lucas, yes. Mr. Cesy, yes. Mrs. Golden, yes. Mr. Cyber, yes.

For zero nays. And then could we get a second on Councilwoman Golden's ordinance? Second. Second by Councilman Cesy. Any questions, comments on that one? Okay. Can we get a roll call on that, please? Announcement. Mrs. Golden. Yes. Mr. Cesy. Yes. Mr. Lucas. Yes. Mr. Cyber. Yes. Borier. Zero Naz. Item Q. Councilwoman C uh Golden. Resolution authorizing the mayor to enter into a dumpster placement license agreement with the Limestone County Commission related to commercial bulk container service in the downtown area. All right. Could we get a second?

Second. Second by Council Mccasie. Any questions, comments on that one? All right. Can we get a roll call, please? Mrs. Golden, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mr. Cyber, yes. Four, zero nays. Item R, Council Mccasie. Resolution to approve the purchase of materials for the Sunrise Park project at a cost not to exceed $50,000 to be funded from the 2024 general obligation warrant fund with labor provided by the city of Athens street department. Move to suspend. Second. We got a second by Councilman Lucas on the suspension of rules. Uh could we get a call roll call on that please?

Ms. Golden. Yes. Mr. Lucas. Yes. Mr. Cesy. Yes. Mr. Cyber. Yes. Four. Yay. Zero Naz. And then can we get a second on the resolution, please? Second. Second by Councilwoman Golden. Any questions or comments on this one? Okay. We roll call on that, please. Now, Mr. Cesy, yes. Mrs. Golden. Yes. Mr. Lucas. Yes. Mr. Cyber. Yes. Fore zero Naz.

Item S. Councilman Lucas. be resolved by the city council of the city of Athen, Alabama to approve a contract extension not to exceed $30,000 with altered to administer certain aspects of construction at Sunrise Park on an on call basis to be funded from the 2024 general obligation warrant fund. Move to suspend. Second. Second. Uh seconded by Councilman Cesy. We get a roll call on the rules, please. Mrs. Golden, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mr. Cyber, yes. Borier zero.

Can we get a second on Councilman Lucas this resolution? Second. Second by Councilwoman Golden. Uh any questions, comments on that one? Okay, we get a roll call, please. That Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Casy? Yes. Mr. Cyber? Yes. Four, zero nays. Item T, Councilman Lucas.

Be resolved by the city council of the city of Athen, Alabama to authorize the mayor to approve the following change order at US 72 and Hind Street pedestrian crosswalk project to Grayson and Carter and Sun Contracting Corporation as detailed below. The cost of this change order is to be funded from the proceeds of the 2024 general obligation warrant. Removing curb and gutters, $4,277. Concrete sidewalk, $2,49720. Detectable warning surface, $1,920. Curb ramp, $6,000. Concrete gutter valley, $480. Top soil, $4,270.40. Solid sad Bermuda $2,700 making a total of $22,14460. Move to suspend the rules.

Get a second on that. Second. Second by Councilwoman Golden. We get a roll call on the rules, please. Mr. Cruy, yes. Mrs. Golden, yes. Mr. Lucas, yes. Mr. Cybert, yes. Forier, zero nays. And a second, please, on Councilman Lucas's resolution. Second. Second by Councilwoman Golden. Any questions, comments on that? Okay. Can we get roll call on that? Mr. Lucas. Yes. Mrs. Golden. Yes. Mr. Cesy. Yes. Mr. Cybert. Yes. Borier zones.

Item U. Councilman Cesy. The city of Athens had received a community development block grant and Appalachin Regional Commission grant to construct road improvements on Warful Road and US Highway 72 to serve the French Mill development. Whereas the city of Athens has awarded the construction phase of this project to Rogers Group Incorporated August 11th, 2025. Whereas the construction phase of of this project is underway, the city is has encountered additional earthwork, drainage, and street improvements that must be constructed as part of this project. The total cost of the additional improvements is estimated to be 184,3324. The proposal proposed change order provided by Rogers Group Incorporated has reviewed been reviewed by the Athens city council and the city engineer and is re and now therefore is resolved by the Athens city council that the mayor is hereby authorized to execute the above reference change order which will increase the original amount of Rogers Group Incorporated contract from 1,51,00 421 to1,335,72424 to cons complete the construction pay phase of all above reference projects.

Move to suspend the rules. Second. Second by Councilman Lucas. Can we get a roll call on the rules, please? Mrs. Golden. Yes. Mr. Lucas. Yes. Mr. Cesy. Yes. Mr. Cyber. Yes. Boray. Zero Naz. We get a second on Council Creasy's resolution. Second. Uh second by Councilwoman Golden. Any questions, comments on that one? Item U. Okay. Could we please get a roll call now? Mr. Creasy. Yes. Mrs. Golden. Yes. Mr. Lucas. Yes. Mr. Cyber. Yes. Four. Zero. Naz.

Item V. Councilwoman Golden. Resolution authorizing the mayor to approve a change order for the contract for the roadway improvements at the intersection of Elm Street and Lucas Ferry Road to Rogers Group Incorporated in the amount of $52,988.38 to be paid from the CBDG and ART grants. I move that we suspend the rules. Second. Second by Councilman Lucas. We get a roll call on the rules, please. Mr. Cesy, yes. Mr. Lucas, yes. Mrs. Golden, yes. Mr. Cyber, yes. Four, zero nays.

And can we get a second, please, on Councilwoman Golden's resolution to B? Second. Second by Councilman Cesy. Any comments, questions? Okay, we get a roll call, please, on that. Mrs. Golden, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mr. Cyber, yes. Borier zero. Uh do we have any other items of business? Anybody? Okay. Uh our final section is for general public comments on matter that are pertinent to city business.