City Council - Regular Meeting

We're going to go ahead and get started. It's 4:00. Thanks everybody for coming out tonight. Uh Annette, if you want to do a quick roll call and call us to order here. Sure. Mr. Creasy here. Mr. Lucas here. Mrs. Henry here. Mrs. Golden here. Mr. Cipher here. All five present.

Um, let's see. So, tonight we have one public hearing related to an ordinance to reszone 1.58 acres of property located at 14985 Alabama Highway 251 for Milton A. from R11 lowdensity single family residential to B1 neighborhood business district within the corporate limits of the city of Athens. Uh we have an ordinance to follow that. Does anybody have any questions on that one? Don't think Erin is going to be here until a little later. Is there anybody here to speak on that if we maybe not but it's pretty straightforward from what I understand mayor. Okay. Who will take that ordinance?

And then the we'll need to do a rule suspension. Who? Okay. We do have a lengthy consent calendar again tonight, so I'll quickly read through those. We have a resolution to reappoint Claire Middleton to the Industrial Development Board for a six-year term ending May 11th, 2032. Item B is a resolution to approve the purchase of one 2019 Ford F550 truck with service body crew cab from the state department of transportation at a cost not to exceed 45,000 to be funded from the existing state or street department capital account. Item C is a resolution approving the purchase of one 2012 flat dump diesel 2T uh 3-tonon from the state department of transportation at a cost not to exceed 40,000 to be funded from the existing street department capital account. Item D is a resolution approving the purchase of one 2016 Ford truck with service body crew cab from the state department of transportation at a cost not to exceed 40,000 to be funded from the existing street department capital account. Item E is a resolution approving the purchase of one 2022 Dodge Ram 3500 with service body crew cab from the state department of transportation at a cost not to exceed $30,000 to be funded from the existing street department capital account. Item F is a resolution approving travel education expenses in the total amount of $190.68 for personnel the fire department. Item G is a resolution approving the purchase of one marksman locating system from Ditch Witch of Alabama at a cost of approximately $16,825 to be funded from the gas services department FY2026 capital budget. Item H is a resolution to appoint Renie Hajes to the historic preservation committee

uh commission for a three-year term ending May 11th, 2029. Item I is a resolution to approve a retail beer and wine off- premises alcohol license for Murphy Oil uh located at 103 US Highway 72 East Athens, Alabama. Item J is a resolution to approve the purchase of one 2026 Chevrolet Tahoe from Sweeney Automotive through the state of Alabama bid list at a cost of $56,114.98 and an emergency light siren package for the vehicle from Mobile Communications America at a cost not to exceed $8,000. Both to be funded from the fire department's existing capital expenditure account. Item K is a resolution approving travel education expenses in the total amount of $75748 for personnel of the electric department. Item L is a resolution to declare one K C Kabota 3029 model with 2019 K C Kabota model uh LA765 front loader and one Land Pride 2020 model PR1672 landscape rake as surplus property of the water services department to be sold at public auction on govdalss.com. Item M is a resolution approving the purchase of one Laura Moore utility trailer from Laura Moore Manufacturing at a cost not to exceed $3100 to be funded from the Cemetery Parks and Recreation Department's existing capital expenditure fund. Any questions on any of those from any of you guys? M server just I had been asked by some a few people in the audience before

and those items that you have on consent are items where you went through the budget process and allocated those funds and then we set aside as Annette and I get together with department heads and we set aside certain amount of dollars on our capital expenditures and so they have been approved. It's a matter of going through them as consent that they are budgeted items and not outside of our budget. Just wanted to clarify that.

Sure. Yep. Yeah, they don't require that's why they don't require rule suspension and all the legs. Okay. Thank you for that. Uh any other questions from anybody? Okay. Who will take consent?

I'll take it. Okay. Uh we do have a couple of items for our regular meeting as well. Item N is an ordinance amending section 5077 of the code of ordinances of the city of Athens, Alabama concerning sanitary sewer tapping fees. That is a uh a grammar basically a grammar correction if I'm not mistaken right Shane. Yes, that's exactly what that was. That uh that was a typographical error that relates and you can see it right there I think in the

in the proposed ordinance what it was. This corrects it.

So any questions on that one guys? It's pretty straightforward as well. So, it's a pretty minor grammar change. Okay. Who will take that? Does since it is an ordinance, I'm assuming that needs a rule suspension. Okay. Item O is a resolution to approve uh fiscal year 2026 budget amendments for the water and wastewater department.

Anybody have questions on that one? Councilman Lucas, you'll take that.

Any questions for Jimmy on that from anybody? This is standard procedure that we update where we are tracking toward our budget to be an actual. Okay. Item P is a resolution authorizing an unbudgeted capital expenditure of $25,778,600 for the wastewater treatment plant phase 1 upgrades project funded through water services capital reserves and bond proceeds and authorizing the water services director to enter into a contract with BH Craig Construction Company. Questions on that? This is why we went to the bond market. Any questions on that one? Okay, who will take that? And we do need since unbudgeted rules,

who will do the rules? Okay. Item Q uh is a resolution authorizing a capital expenditure of $1,222,940 for construction related engineering services for wastewater treatment plant phase one upgrades funded through water services cash reserves and bond proceeds and authorizing the water services director to enter into a contract with Ardura Group. It's the engineering side of that. Henry,

uh, we need rules on that as well. Okay. Are there any questions on that? Okay. Item R is a resolution initiating the process to amend the project plan for tax increment financing district number three to include a public infrastructure project involving improvements to Bryley Boulevard, Cool Springs Boulevard, and Ottabon Lane. Questions on that one? Shane, anything to add or

Sure. I'm happy to kind of do an overview. About 5 years ago, the city council adopted tax increment financing district number three. It's the area out there by Broly Boulevard and Highway 72. A tax increment financing district, as you guys know, does not adjust tax rates, doesn't raise taxes, anything like that. What it does instead is it captures the growth from the time you've established that tax increment district. and and that amount there, that increment as the property values grow over time is taken and put into a special fund with the city treasurer. And that's what happened here 5 years ago. That money's continued to grow. The way Athens has approached tax increment financing districts is it has not borrowed against them. In other words, it hadn't gone out and borrowed money saying, "Hey, we'll pay you back out of this fund that's building up." Instead, what Athens the Athens approach to it has been to say money will grow over time and then that amount that is in that tax increment district fund which is maintained could be used on projects that benefit that district. These are typically done in areas where you anticipate that there can be some growth if there's public infra infrastructure improvements by the city related to commercial growth. So, back in five years ago, the city did a plan for the tax increment district financing here, which included uh some anticipated infrastructure improvements at the intersection of Braley and 72. That was before the Hobby Lobby project. That was before all of that. Now, with all of that area just to the south developing, the plan needs to be amended, so it reflects current conditions rather than the conditions of 5 years ago. And the city's current infrastructure plans with respect to that Broly 72 intersection as well as the other one that's just right

up the road there uh between Broly and the uh and the interstate right there by Crystal. What's the name of that? Y'all know the name of the drive. I'm talking. It's escaping me at the moment. Ottabbon.

There you go. Audabon. So, what this plan would do is it would revise that TIFF district 3 plan from 5 years ago to incorporate these current capital improvements. The law provides that if you're going to amend the plan, you got to go back through the same process that you did or as you when you originally adopted the TIF district. And so, that's this starts that process. This resolution begins a process. it would come back before the city council again next month to finish that process. And there's an advertising period in between, but you can't do any of it unless you start with that resolution.

And as again a reference and emphasis, it is not any kind of tax increase. It's setting the floor for development in that area. Mr. Lucas, do we need a rule of suspension on that or?

Nope. Okay. Item S is a resolution authorizing the mayor to apply for fiscal year 2027 transportation alternatives program tap program uh for the construction of new accessible sidewalks along the west side of US highway 31 from Hob Street to Forest Street with the city of Athens providing $337,437.40 40 cents in matching funds and non-eligible project costs from the 2024 general obligation warrant construction fund if awarded. Questions on that one? Okay. Who will take that? Henry. Okay. Item T is an ordinance to amend the code of ordinances of the city of Athens to include the addition of chapter 74, which is streets and sidewalks, article five, which is Athens rightaway construction and administration ordinance.

And if you will, that why don't you give us a quick Yes, sir. So, this is a this one is a pretty big ordinance as y'all can see from the packet. As you know, this is a later draft. An earlier draft of this was brought before this council. I think it was back in January this year. So, this is that draft that you've seen before that has been a little further revived and tweaked by the public works department, by the engineering department. This is a this is pretty big deal as an ordinance. As Athens has grown over time, the demands on our public rights of way have grown too. And the number of occupants in our public rights of way have continued to increase. and that's caused friction at times. We what this would allow us to be able to do as a city is to have a uh an administration ordinance that deals specifically with rideaways. There's a permitting process as you all know that the city has rolled out a couple of years ago based on some authority in the existing ordinances. This completely overhauls and expands that process so the public works team is better able to know who is in our rideaways, where they are, what the permitting time is, how long they've got to be there, and sets some specific standards which govern their activities within those rights of way. The idea being that there was a time when there weren't very many occupants in the Athens right ofway or those occupants were basically Athens utilities uh and maybe the Limestone County Water and Sewer Authority on the outside fringes of the city and charter cable andy but those days are long gone. Now we have lots of occupants who are wanting to be in and be a part of it and it becomes very important to be able to organize where they are within those rights of way. This would require before you can do any excavation or anything like that, you have to go get a permit and give some plans and go through a system where the engineering department has an opportunity to be able to make

sure that you're going in an area where you're not conflicting with something else. Utilities has reviewed this as well. Uh it has been reviewed by several departments. Having said that, after adoption, this I expect will be kind of like the zoning ordinance as this process goes along. It's a relatively new process with the city. There may be tweaks to this that come back to you from time to time u because it is such a big management ordinance. Larger cities you'll see throughout the state of Alabama have similar processes like this as the needs and their rights of way grow. So I think this is a natural step. Public works has felt like that. The mayor's office has felt like that and has something that as y'all know has been talked about for a little while. This is the culmination of that. Okay. Any questions for Shane on that?

Okay. Who will take that? I'll take it. Golden. We'll need to do a rule suspension. Who will do that?

Okay. Item U is a resolution approving a one-time appropriation of 25,000 to the Athens Limestone Tourism Association to sponsor the Red, White, and Boom Festival, recognizing America's 250th anniversary. and Athens being designated as an official America 250, and this is a hard word to say, semiquincentennial city with $2,500 funded by an Alabama 250 grant and $22,500 funded by Bucky's annual community event contributions.

Mr. Cyber, we have a chamber of commerce and a tourism people with us today. And I just I think all of you are on board that we want to make this 250 year celebration for America a big event. I think we're going to kind of blow the roof off. They've been meeting and talking for some time and we're really proud of them for doing this. I know that there's a committee that's already working on a Friday and a Saturday July 4th weekend and it's going to be a very special event and I think that this matched up with the county matching our amount of money that we can really have a great celebration. So hope that you will support this and where we can move forward.

Happy to do it. Any um any questions on that one? Okay. Okay. Who will uh who will take that? And then a rule suspension. Okay, that's all we have for the official agenda. Do we have any add-ons or nothing? our presentation from David. Is David Is this now? Are we doing that in the meeting or do we want to do it now?

Yeah, I know we have an executive session. So, we're good. Okay. Well, then Dave, you're on the hook.

All right. Well, thank you. And again, um, as we've discussed before, you know, in 2024, we went to the bond market with three projects in mind. Uh, we had the Swan Creek sewer upgrades, which is carrying the gravity sewer from Tenico or Federal Mogul all the way down the walking trail to our plant. Uh, second project was the Elm Street booster pump station upgrades. That's water, drinking water, which we're doing right now. And then the third was the plant upgrades that we're looking at. Uh, since then, we've actually fit in five projects. And so now we're finishing up this bond draw with this project here that we just bid out. And so what we're doing just a brief history you know the plant was originally constructed and pretty much was the big pond you see there in the 60s that was the plant and then had another later revision in the late60s and when the chicken plant came online in the 80s we had a bigger plant upgrade. A second pond was dug and then when the chicken plant left in about 2010 is what you see what we have there the last upgrade. Um and so it's been about 15 16 years and we've been looking at this upgrade for about three years of what to do. Uh and so essentially we are updating every single process of our plant because again it runs 247 365. So there's a lot of just wear and tear on pretty much everything that's involved in the plant that needs to be upgraded. And then also adding some redundancy and resiliency because essentially right now we're running all stops all the time to keep up with growth and everything else. Uh so there's four main pieces of the plant and this will take essentially 24 months to happen overall but we're looking forward to this is much needed. The one thing we have done in the past two years is dredging the solids out of our ponds uh which some of you are aware of but again this is uh going to really help us for the future to receive the current loading that we receive and any sort of any future loading for uh foreseeable years ahead. So that's essentially what we had in mind. And so again, we got a a good bid. We have the

money right now from the bond money and then also the capital improvements fund, which is why we did the impact fee increase that we did a couple months ago, is going to help pay for all of this. So other than that, if y'all have any particular questions, you know, that's what we've been talking about. I don't I've spoken with you about it. Does anybody else have any questions? Okay. All right. Thank you, David. Thank you. Okay. Well, we've got if nothing else, no other business, then we've got a few minutes here. We've got about 8 minutes. We'll take a short break and we'll reconvene at 4:30. Thanks.

4:30.

Annette, if you wouldn't mind calling roll. Sure. Mr. Cesy, Mr. Lucas here. Mrs. Henry here. Mrs. Golden here. Mr. Cyber

here. All five present. Our invocation will be by Councilman Lucas and pledge of allegiance by Mayor Marks. Please join me to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you for that, Councilman Lucas, Mayor Morris. Um, can we get a motion to approve the city council and work session minutes from our last meeting? Move. Second. Uh, can we get a roll call on that, please? That Mr. Lucas? Yes. Mrs. Golden. Yes. Mr. Cesy, yes. Mrs. Henry, yes. Mr. Cyber, yes. Uh, we don't have any special city council minutes, standing committees, special committees. So, uh, we'll move to our report of officers, Mayor Marks.

Uh, yeah. Thank you, Mr. Cybert. Just several things to report on. First of all, want to give a shout out to all our graduating seniors, not only here in Athens, but across Limestone County. What a great job these teachers and all the administrators do. And this first I think we have 19 Holly graduating seniors in our youth commission which uh it's always kind of sad to see these guys go. A lot of them have been with us since the 10th grade and it's just uh I know that Dana and several of us have worked together with them for a pretty long time. So, it's a it's a good day for them and it's uh they just they moving on to in life. So, that's great. We had an unsung heroes event uh with Jan Matthews last Monday that was absolutely outstanding. I think she gave 13 scholarships and recognized a whole lot of people and Jan does such a good job with the uh for special scholarships where some children may not have the opportunity and she always recognizes that and so this is uh gosh almost 20 years that she's been doing this. Athens Police Department, thank you. had a a good fundraiser the other day at their clay shootute. Uh the Relay for Life had a packed house. One of the biggest crowds that I've seen. So many people that are families have touched by cancer. And not only those that have passed away, but also those that are surviving and fighting cancer right now. And I think we had a great event. Thank you to all the volunteers, to the Athens Relay for Life team and Holly and her group that have put this together. Uh, another great event, if you went downtown Saturday night, you saw it rocketed. Friday night, you had a religious band on the square. Saturday night, you had the DMEC Fest. And DMAC,

as you know, was a special event in honor in memory of a one of our police officer's son that unfortunately got killed in an automo bill accident a few years ago. Uh we dedicated a fire truck a little bit ago that is uh the colors of the Athens Golden Eagles. And uh now as you know a few years ago uh we had the some funds set aside to start looking at a fire station number four. We have three in Athens now and we need to find property on the east side of the interstate or at least the east side of that railroad track for another fire station. We're looking at several pieces of property and we'll keep you updated on that. uh our utility department. Well, Blair and Hunter, just a special shout out to them and especially the kids at Spark Elementary at Coward. Uh I don't know whether anybody read it or looked at it, but uh Spark Elementary School with their uh energy efficiency their team and all those kids working together, they were awarded a $200,000 uh grant for and they got the top with all the TVA in Kentucky, Tennessee, Alabama, wherever TVA covers. Spark Academy won the entire thing, $200,000. And uh this is two other good important things to mention. We had our young people, our young adults that came here and they usually come by once a month or so and they do color chalk on our sidewalks outside and they do a such a special thing and it's the mental health and uh group and as you may know ma uh May is mental health awareness and so just special shout out for everything that they do and then Eric

Wadell we have a proclamation for the city council. I'd like to read on behalf of the mayor and city council. Eric, if you don't mind, come forward. This is this is a proclamation for building safety month. Not only do our police, fire, our utilities and all the other uh first responders, these group of people with the international code council, which a nonprofit, they get together for local, state, territorial, federal officials with the experts with building environment and implement the highest quality codes and standards to protect us, all of us on buildings where they learn, live to uh live, learn, work and play. The modern building codes and standards include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildfires, wildfires, floods, and earthquakes. Whereas the building safety month is sponsored by IC to remind the public about the critical road of our role of our communities. largely unknown are the protectors of our public safety, our code officials. And we've got a great group here with us. Eric heads up that group. And uh whereas build to last is a theme for building safety month 2026. Encourages all of us to get involved and raise awareness about building safety on a personal, local, and global scale. Now, therefore, I William R. remarks on behalf of the mayor and our city council proclaim May as the building safety month and encourage all of our citizens to join us as we participate in building safety month activities. And Eric, thank you for everything that you and your

I was reminded one more very special event. Thank you, Chief. Tomorrow is the police over at 5.

Oh, it's at the police department. Okay. We had at the police department at 5:00 tomorrow. Please join us. That's it, Mr. Albert. Thank you. Thank you, Shane. Nothing for me, Mr. President. Mr. Lucas. Council Gishi, Councilwoman Henry,

I was asked to remind people that in addition to the peace officers memorial event tomorrow, there is the street dance for the rodeo that will be on Marian Street on the east side of the square at 6:00 p.m. And our sheriff's rodeo is this weekend, Friday and Saturday nights. The gates open at 6 with the performance beginning at 8. Thank you. Councilwoman Golden. No.

Okay. I don't have anything for tonight. So, we will roll right into our public hearing. Our public hearing first and only for the night is uh a public hearing related to an ordinance to reszone 1.58 acres of property located at 14985 Alabama Highway 251 for Milton A. Looney from R11 lowdensity single family residential to B1 neighborhood business district within the corporate limits of the city of Athens. Erin, our city planner is going to kick this off, but I'll open the public hearing.

Perfect. All right. Um, this is a fairly straightforward reasoning. Um, this is a corner lot on the um corner of Alabama Highway 251 and Lindsay Lane North. U Mr. Looney is requesting to reszone the property from R11 to a B1 neighborhood business district. Um this is a um business district that doesn't allow for quite as um intense uses as let's say a B2 highway business district. So those are uses that are more neighborhood appropriate. Um, so think things like um some examples here. Um, like a coffee shop or um general retail that's limited to 5,000 square feet. Any structure that's placed in a B1 district is limited to 5,000 square feet in size. So we're trying to keep this neighborhood scale. So we have several of these um on corners throughout the city. If anything similar to a um say a gas station wanted to come here, that's a conditional use. So that would have to go through um a notification process and then it have to go back for the planning commission for approval. Um like some similar ones, they're not guaranteed approval. Um that being said, the planning commission has reviewed this request to reszone the property and they have sent a recommendation to approve this um request. Um staff also sends a recommendation to approve Any questions?

I don't think so. Is there anybody here that'd like to speak about this? Come on. Just give us your name and address. Tra

Travis Scrimure, uh, 18353 Red Tail Street. Um, I respectfully oppose the request to reszone this 1.58 acre parcel at 14985 Highway 251 from R11 residential to be one neighborhood business because this change is inconsistent with the surrounding residential character in the area and creates serious long-term concerns for nearby property owners and the community as a whole. One of the biggest concerns is that this request appears to be classic spot zoning. The property is surrounded primarily by residential uses and has historically been treated as part of a lowdensity residential corridor. Reszoning a single parcel for commercial use in the middle of an otherwise residential area creates an isolated commercial pocket that does not fit the existing developmental plan. Spot zoning is problematic because it benefits one property owner while creating impacts for neighboring residents who purchased homes with the expectation that the area would remain residential. Approving this request would also create a dangerous precedent. One once one parcel along Highway 251 is reszoned commercial, it becomes much harder for the city to deny similar requests from adjacent or nearby property owners in the future. Over time, this can lead to the area from residential to strip style strip style commercial development. Residents are concerned not just about the single parcel, but about the cumulative effort this decision could have over the next several years. In addition, Highway 251 in this particular intersection historically has been a tremendously dangerous corridor. Those of us who lived here a long time remember it as a two stop sign, 251, dangerous area. We remember it as a flashing light after people lost their lives. We remember it as a three three light stop. Same thing. Now we have the roundabout and we have tons of traffic through there and people that still

don't understand how to utilize a roundabout correctly.

And that's that's just the truth. I drive it every day, many times during the day. So even B1 zoning can generate significantly more vehicle trips than residential use, including customers entering and exiting property, delivery vehicles, additional turning movements, and increase congestion. Commercial driveways along highways create additional conflict points that raise the risk of accidents, especially in areas where traffic speeds are already high and visibility or turning conditions may already be challenging. You can go to that roundabout any day of the week and see where people have run off, have flipped their cars off already. There's some ruts in the road right now that lead into the field. Many residents who regularly travel highway 251 are already aware of the safety issues along this corridor. Adding commercial access points and increased traffic this location could make an already hazardous stretch of roadway even more dangerous for drivers, homeowners, school traffic, and emergency response access. There's also the broader issue of compatibility. Residential neighborhoods and commercial uses simply operate differently. Commercial properties bring additional lighting, signage, parking lots, noise, and extended operating hours that are not consistent with the quiet residential environment that currently surrounds this parcel. Homeowners made long-term investments in this area based upon existing existing zoning and land land use expectations. Finally, Athens already has appropriately planned and zoned for business growth and commercial development. There are existing commercial corridors where businesses can locate without introducing incompatible uses into established residential areas. Growth should occur in a way that is orderly, consistent with long-term planning, and respectful of existing neighborhoods. For all those reasons, including concerns about spot zoning, the president establishes traffic along 251, and the preservation of of neighborhood character, I

respectfully ask the city council to deny this request. Thank you.

Uh let's hang on one sec. Is any anyone else that'd like to speak on it? Okay, Erin, did you want to address any of

um I will say this uh with B1 neighborhood business, this is consistent with other decisions and land use the our land use patterns that we see in the city. Um neighborhood business is something that we do see on corner lots um throughout the city. Um previous sites throughout the city follow the same pattern. We've got West Server Road and Hine Street, West Market and Hine Street, Nick Davis and Forest Street. So, that's Legata, that's a neighborhood business. Um, Nick Davis and Oakdale Road, West Alm and Lucas Ferry, uh, West Market and, um, Lucas Ferry. So, um, this is a similar land use pattern, but it's specific to corner lots. And so, and like I said, the B1 district, um, that's going to be your neighborhood business. So, these are going to be less intense business um classifications. And so, um anything that is intense, you're going to see that as either a conditional use. So, the planning commission can either deny the use or put conditions on it to make it compatible or they're um or it's going to not be a permitted use in that district. So, the goal is to make it compatible with the residential development. So,

what are some examples of the residential use businesses that we have in place now? That we have in place now. That's a really good question. Um, for the most part um like I gave example, Lake is one um that's on the Nick Davis and um Lindsy Lane.

Lindsy Lane. Mhm. Um but then we also have some places where um gas stations have been approved for um conditional uses and those have buffers, but then we also have some places where um like a gas station was requested and the plane commission didn't see how that would be a compatible use because it's conditional and they denied it. Um so we have some pockets that are undeveloped throughout the city. Um those are just some uses I know off the top of my head. Um we have some other places I think that have um more low impact office but um I can verify that. But so nothing um that should be extremely um traffic generating, but even then you have to have a traffic study, a site plan. We're going to be looking at the access, those types of things. So

Erin, for clarification, Mr. Looney brought this to the city and it went through the planning commission. Is that correct? That's correct. Okay. And the plan commission looked at all this in the very same way that I think some valid points have been raised. I mean was were raised yesterday was requested and Oakdale Road the recent Oakdale Road is one corner lot that's like that. Correct. Right.

Yes. Oakdale Road and Nick Davis. Um those are also B1 districts. And then um the pepper road annexation that was a B1 and it's going through the conditional use um request right now. Um and just an additional this does um our land use plan does call this a mixeduse neighborhood. It classifies classifies it as mixed use which does um call for um neighborhood um I'll read it. Mixed neighborhoods would allow for office space, first floor shops, restaurants, live work housing, um corner stores, and other amenities that the area residents would like to access easily um perhaps by walking or biking, but also um within that context as to fit within the zoning. So anyways,

I do think if something comes back there, if it is if it were to be approved, I do have concerns and it's sitting right at the roundabout and uh I'm like you it's uh you can see tire marks on roundabout maybe some of them mine almost any day. Yeah, access will be something that would have to be visited at the site plan phase. Um and there will be distance requirements if approved. Yes, sir. If approved. Um there will be distance requirements more than likely from that roundabout. So and also limits on I I have some concerns,

you know, as a as a property owner, you or someone buys a lot there to build a house and the properties around it are zoned residential. They've made an investment in that property. Yes, sir. expecting the city to hold true to the residential uh zoning there. I think that's a I think that's a problem going in and changing zoning after people have invested in that property around it.

Yes. Um in this case, Mr. Looney, as I understand it, owns the uh the lot directly north. It's undeveloped. Uh Mr. Looney also owns the property directly east of this. Um but Mr. Looney also understands that um if this property were to be reszoned and were to sell um more than likely buffers at a minimum would be required between the B1 and the um the existing residential um to help with that compatibility between uses. So Mr. Looney would be the adjacent property owner here. So the person requesting it would be the neighbor. Correct.

Okay. Um, well, I haven't heard from anyone. Travis is in my district, but I do think um I have a similar feel that I I think I would like to hold this over. I mean, I have that prerogative as council president. So, in this case, I think he does raise some very valid points. Council McCree, he raised some valid points. Um, does anybody else have any concerns? I would like to get a little more detailed before taking a vote on this. Um, did you The public hearing is still open if you'd like to just make one comment. Yes, sir. I am Mr. Looney's nephew.

Okay. If you'd just come up and give us your name and address. My name is Andy Collier. I live at 203 Winslow in Athens. And Mr. Looney was unable to attend tonight and asked me to come on his behalf. This is the fifth meeting, I think, that's been held on this subject. And I would just like to to say he does live right next to the property.

We because of the addition of the roundabout. It's probably not terribly likely that anybody's going going to want to build a house right on that circle because of the traffic. And that's one of the reasons that if he ever wants to sell the property, yeah, it makes more sense to classify it to business. And also as far as the point is the neighbors being concerned, I don't are any is anyone who lives near that area here tonight to speak against it? Where do you live? I live just right up the street. Oh, okay. So, you live between the roundabout and my son's house north on Lindsy Lane. Okay. Well, he lives between the two big neighborhoods.

Okay. Okay. But the neighbor right north and his uh on the other side of my uncle, I don't think they have any objections or they would be here. So, just want to add that. Okay. Well, and again, we're just going to when something has very valid points like that, I mean, it makes sense for us not to uh jump jump into it. So, I think we typically will go with what planning commission because they do a lot more research than than we're able to on it. Uh but in this case uh I would like to hold it over for another meeting. Does anybody object to that or would anybody just give us a couple more weeks to do you want to speak in the public hearing?

Tim Collie Region Drive been up here plenty of times. You're you're shading. My ears always perk up when anybody comes in and says we have several instances. Uh that's the only thing that I wasn't prepared for this. But it's like is it unreasonable to ask this whoever she represents this lady to like provide 10 instances where she's like there are several other instances just like this. Well, what are the 10? Can you provide those to each one of the council members? And can it be public knowledge? Because it's like apples to apples, not somebody saying this has been done all over the city. My ears perk up when that happens.

She's the she's the city planner, so she knows quite well what's going on in the city. Okay, perfect. Then can it be public and can it be public knowledge? Can I ask you to send them to me and or to that gentleman back there or just make it public knowledge? Erin, if you will get some information to each of the council members about the ones that you pointed out tonight and I I can talk to Alan. He's my council member. I can get it from him. Sure. Sure. Absolutely. And you know, I plan on driving around and looking at different intersections and what's there. I mean, it it's it's it's public knowledge because they're sitting there out. We we just got to do a little leg work. But

yeah, Lake is an old restaurant that a church bought now is used for events. Uh but it was an active restaurant at one point. Uh there are some gas stations. I'm sure the fear is a gas station um being all lit up and that's valid. Um, so yeah, we'll we'll take a look at it.

Well, just another note. I believe the sitting planning commission is next week and I've been meaning to go. Unfortunately, I've been kind of broken and had surgery. So, y'all haven't seen me a whole lot lately. But, uh, that's my expectation. So, I I know a couple of the commission I will get with them. And if you could provide that to to Allen, I'll get that from him. And then just sunlight just, you know, it cleanses. Thank you. Yeah. Thanks. Anybody else? I have no problem putting it off. Okay.

Um Amanda Schulty, 1036 West Washington Street. I really do appreciate you pushing that. That's great news. But I do just want one of the um ones that she mentioned at Nick Davis and Oakdale. Um all three of those actually are gas stations. And since gas stations are the conditional use, I do think that that is a valid fear that that is what's going to go there because the exact example that she mentioned, three of those are gas stations. So, just to reiterate that that that I, you know, I think that that is what that is. But I do appreciate that y'all are going to bump that. I wish y'all would have done the one at the last meeting, but here or there. Thank you so much.

All right. That's one of the things that concerns me is there are four open lots there around that intersection, you know, and and then we don't want to create a a gas station war right there in that intersection because of the people that live around it. Anyone else that'd like to comment during the public comment section? Okay. Well, we're going to pull it. Uh, we'll close the public hearing and we'll have discussions over the next two weeks. Thank you, Erin. We'll get back with with you guys on that one. Thank you. Okay. Uh, next in line, we have our consent calendar. Uh, Councilwoman Golden,

I make a M.

Oh, sorry. I'm sorry. Um, we have a public remarks for agenda items. Does anybody have any comments about any of our other agenda items? That one was kind of focused on in that public hearing, but does anybody have any comments public about our remaining agenda items? Just real quick, 1036 West Washington Street, Amanda Schulty. Um, so I was just curious, I know that, um, Mr. Woodruff has asked about this, too, but about applying to get on the various commissions. Um, I actually did a public records request a while back asking for um, resumesumés that were on file and a couple of the people that I've seen recently um, were not in the list of résumés. And so the person that's on for the Historic Preservation Commission, um, her name was not on in there. And so I'm assuming that that was a new application, but is there a process, especially like if you somebody has like a history degree or has been on other historic preservation committees? Um, you know, is there just like a personal preference on how those are decided? Because her name specifically, again, I don't know her what her qualifications are. Not against it, but more so, and I know Mr. Woodruff has asked before um about how to get on those commissions and so I was just curious how those decisions were voted on to recommend her.

Well, they turn in applications with their requested boards to the mayor's office and we get a list of people that they recommend and so you just go through and basically say, "Oh, we like this person the best." I'm just asking because based on their Yeah. based on their qualifications. Yeah. Take a look at it. Yep. Anything else? Scott Marshall, 212 East Street. I'd like to uh speak on item S, the sidewalks. Yes.

I talked with Brandon to confirm it and I want to uh voice my opinion for this because

we finally get it uh across over at 31 at Forest Street. It's been needed for years and it also ties in to the sidewalks that just stopped up there at the inter at the intersection of Washington Street. So, I'm for it. I appreciate it being done and I'm glad we're getting grants and for it. I did talk to him about the sidewalks on East Street that just stop like at Lee Street. It stops when we have a school one block away that we need to continue that on. And on along East Street in front of the park, we have no really no way to get I mean there's one on one side, but it stops to get in to the park without going across streets. And if we could get that at the Little Red Schoolhouse, we get that extended on to the park, it'd be great. Thanks. Now, we we do look at a lot of those, Scott, and you know as well as I I mean, some of these yards are so small and ditches and taking up what little bit of yard some people have becomes challenging across all those different lots. Uh I've I've had them look at certain areas in the older parts of town and sometimes it is that becomes the challenge. People are like, "No, I've already got a postage stamp." But, uh we'll look at it for sure. I think going to the school is more important.

Yes. Agree. Yep. I agree. Anyone else? Okay. Well, now we'll do the consent calendar. Councilwoman Golden. Thank you. I make a motion that we approve the consent calendar items A through M. Second. Any questions about any of these? We went over these in detail in the work session.

I have no question. Okay. We seconded by Council Mccasie. We get a roll call on that, please. Now, Mrs. Golden, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mrs. Henry, yes. And Mr. Cyber, yes. Five naysay, zero nays.

All right. Our next item of business, item N. Uh this is the beginning of our regular meeting. Council mccasie ordinance amending section 50-77 C3 of the code of ordinance of the city of Athens, Alabama concerning sanitary sewer tapping fees. That's all there is. There's not much to it. That's all there is. I move to suspend rules. Second.

Second. We got a second. Councilwoman Golden on the rules. Can we get a roll call on the rules, please? Mrs. Henry? Yes. Mrs. Golden? Yes. Mr. Cesy? Yes. Mr. Lucas? Yes. Mr. Cyber? Yes. Five. Zero nays. Uh, could we get a second on the ordinance? Second.

Second by Councilwoman Golden. Uh, this was a minor clerical error here. It had a two 2023 date. Uh, we pushed that out since that's already occurred to 2026. So, it was a pretty minor change. Um, any questions though, comments on that? Okay. We get a roll call, please. Announce. Mr. Crees, yes. Mrs. Golden, yes. Mr. Lucas, yes. Mrs. Henry, yes. Mr. Cyber, yes. Five, yay, zero.

Uh, item O, Councilman Lucas. sewer for the city council of the city of Aston, Alabama meeting on May 11, 2026 that the council authorized the amendment to the water and wastewater utility budget further attached nine items for midyear adjustment to improve specific addition as noted.

All right. Could we get a second on that please? Second. Second by council. Any questions on that? This is as we said during the work session. This is standard procedure. We start with a budget. We have an actual dollar amount and we adjust uh throughout the year. Okay. If no questions, can we get a roll call, please? Mr. Lucas, yes. Mr. Cesy, yes. Mrs. Henry, yes. Mrs. Golden, yes. Mr. Cyber, yes. Five yay, zero nays. Item P, Councilman Cesy,

it resolved by the city of city council of the city of Athens, Alabama at its meeting on May 11th, 2026 that the council authorizes an unbudgeted capital amount of 25,778 or excuse me 25,778,600 to be funded by the water service department capital service and bond proceeds for a contract with BH Craig uh construction company incorporated to construct the WPT phase one upgrades and the water service director on and on behalf of the Athens city is authorized to enter into this contract and complete work.

We get a motion to suspend rules. Second on the rules, please. Second by Councilman Lucas. Will we get a roll call on that please? In that Mrs. Golden? Yes. Mr. Lucas? Yes. Mr. Cesy? Yes. Mrs. Henry? Yes. Mr. Cyber? Yes. A zero n

Mr. Cyber if I could just a minute. Uh, this was planned back in 2023 24 when we went to the bond market and uh we've got really good bids. I appreciate the Jimmy Junkie and his staff for moving forward with this. It's critical to our expansion and our growth for the city of Athens. So, I appreciate you taking action on this. Could we get a second on that on the second?

Second by Councilwoman Henry. I agree with the mayor. We got this bond money for this specific purpose uh a couple years ago. So, we're just executing on that plan. Um any other comments, questions? Okay. Can we get a roll call, please? Now, yes, sir. Mr. Cesy, yes. Mrs. Henry, yes. Mr. Lucas, yes. Mrs. Golden, yes. Mr. Cyber, yes. 5 zero nays.

Item Q, Councilwoman Henry. Now therefore, it be resolved by city council, city of Athens, that the council authorizes a capital amount of 1,222,940 to be funded from the water services department cash reserves and bond proceeds for Ardura Group Incorporated to perform services during construction, including contractor submitt reviews, construction inspection, system testing, and pay request certifications, as well as troubleshootings and system startup upgraded WW WTP processes and the water services department director for and on behalf of the city of Athens is authorized to enter into this contract to complete this work.

We get the rule suspension. Move to suspend and a second, please. Second. Second by Councilman Cesy. Nick, could we get a roll call on that, please? The rules. Mrs. Golden, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mrs. Henry. Yes. Mr. Cyber. Yes. Five nays. Zero nays. And then a second, please, on the resolution. Council Henry's resolution. Second. Second by Councilwoman Golden. Uh, do we have any questions? This is the engineering requirements for item P. Any questions on that? Okay. Can we get a roll call on that too, please? Annette. Mrs. Henry? Yes. Mrs. Golden? Yes.

Mr. Cesy? Yes, Mr. Lucas. Yes, Mr. Cyber. Yes. Five, zero nays.

Item R, Councilman Lucas. R, the resolution initiating the process to amend the project plan for tax increment financing district number three. Whereas in 2021, the city council created T increment increment financing district number three. as a vehicle for aiding the city in financing various public improvement projects that would result in development of the entire area. The city council now desires to amend the project plan for this district to include a public infrastructure project involving the improvement to Raleigh Boulevard, Cool Spring Boulevard and Ottabon Lane serve as a catalyst for private economic development within this street. Be it resolved by the city council of the city of Athens, Alabama, mayors authorized and directed to develop and issue the legal notice such that the city council may consider the amendment of the project plan for tax increment finance district number three.

All right. Can we get a second, please? Second. Second by Councilwoman Golden. Any questions? Okay, we get a roll call, please. Mr. Lucas, yes. Mrs. Golden, yes. Mr. Cesy, yes. Mrs. Henry, yes. Mr. Cybert, yes. Five, zero nays. Item S, Councilwoman Henry,

it resolved by city council, city of Athens. That number one, the city authorizes the mayor to apply for Alabama Department of Transportation fiscal year 2027 transportation alternatives set aside program or TAP funding from the Federal Highway Administration in the amount of $1 million, $800,000 federal and $200,000 sponsor match. And two, this funding if awarded will be used for the construction of new accessible sidewalks across the west side of US Highway 31 from Hob Street to Forest Street. And three, if TAP funding is awarded, the city of Athens agrees to pay required expenses, including not limited to $337,437.40, $200,000 for two for 20% matching funds, plus 137,437.40 for non-eligible project costs. And four, that the TAP application be executed in the name of the city of Athens by its mayor for and on behalf. And five, that the agreement be attested by the city clerk and the seal of the city of Athens be affixed there too. Be it resolved at a completion of the execution of the agreement by all parties that a copy of the agreement be kept on file by the city clerk.

All right, any questions on this one? This would be a great grant if we can get it. Okay, we get a roll call, please. Now, Mrs. Henry, yes. Mr. Lucas, yes. Mr. Creasy. Yes. Mrs. Golden. Yes. Mr. Cybert, yes. Five nays, zero nays. Item T, Councilwoman Golden. Therefore, be it resolved by the city council of the city of Athens, Alabama, that the code of ordinances of the city of Athens, is hereby amended to add chapter 74, streets and sidewalks, article 5, Athens right ofway construction and administr administration ordinance as follows.

All right. Can we get a motion to suspend the rules? Move suspend the role. and a second. Second by Councilman Lucas. Can we get a roll call on that please in that? Mr. Cesy, yes. Mr. Lucas, yes. Mrs. Henry, yes. Mrs. Golden, yes. Mr. Cyber, yes. 5 Z. And can we get a second on Councilwoman Golden's ordinance? Second. Seconded by Councilwoman Henry. Any questions on that? Okay. Can we get a roll call on that, please? Annette. Mrs. Golden. Yes. Mrs. Henry. Yes, Mr. Cesy. Yes, Mr. Lucas. Yes, Mr. Cybert. Yes,

Zay. Item U, Councilwoman Cesy,

be it resolved by the city council of Athens, Alabama on May the 11th, 2026 are as follows. The mayor, city clerk is and or city clerk is authorized to execute ex execute a one-time appropriation of $25,000 to the limestone Athens limestone tourism association to help sponsor the cost of red, white, and boom festival 2026 commemorating America's 250th birthday in Athens being chosen as an official America 2050 subsequential semiquinc. in Centennial City. The appropriation will be funded from a $2,500 Alabama 2000 or 250 50th grant which is with a remaining 22,500 funded by the portion of an annual contributions made by Bucky for community events.

Okay. Move to suspend. Second by Councilman Lucas. We get a roll call on the rules, please. Mrs. Golden, yes. Mr. Lucas, Mr. Cesy, yes. Mrs. Henry, yes. Mr. Cyber, yes. 5 zero nays. Uh, can we get a a second on Councilman Cesy's resolution? Second. Uh, by Councilman Lucas. Do we have any questions on that? We've got a flyer at the back that you can see all the events planned. This should be a great event. Okay. If no questions, can we get a roll call, please? On that. Mr. Crees, yes. Mr. Lucas, yes. Mrs. Henry, yes. Mrs. Golden, yes. Mr. Cyber,

yes. Zero Naz, that concludes our official business. Is there any anything to add? Mayor, city attorney, Annette, anybody here on the council? Okay, that's all we have for our formal business tonight. Uh, our final section is an opportunity for general public comment on matters that are pertinent to city