City Council - Regular Meeting

All right. Thank everybody for coming tonight. I think we got everybody here. Ned, if you don't mind doing a roll call. Okay. Mr. Casy here. Mr. Lucas here. Mrs. Henry here. Mrs. Golden here. And Mr. Cyber

here. All five present. We're going go ahead and start with our work session. Um, first order tonight, we have a public hearing relating to the zoning approval of sale of alcohol in the city of Athens by Logan's Roadhouse. This is obviously that's been there a while. It's a transfer of ownership. So, we'll have that public hearing first. Second public hearing is related to a proposed resolution fixing and assessing cost with the abatement of a public nuisance located at 310 Hind. Eric's going to give us some uh as you recall uh the previous council uh had us remove uh various debris from this lot because it was placing water onto an adjoining lot. So, this is this action was taken and u we're completed all the removal. Now, we're just going back and setting a lean on the property.

Okay. So, that's that's what we're doing tonight. Does anybody have any questions for Eric on this one? Okay. Thanks, Eric. Who will do that resolution following the public hearing? All right. Next, we have a public hearing relating to request by AT&T to grant a special use permit to construct a new wireless telecommunication facility and install their equipment at 1250 East Sander Road. David,

good afternoon, President, Council Mayor. David Andrews with CMS. I'm the city's consultant for telecommunications. Uh, this resolution in this public hearing is going to be for a new tower. uh you have approved or the previous council approved the lease uh for this tower. It's going to be on city-owned property. It's going to be at the wastewater treatment plant uh at the end of Sander Road. Uh AT&T is proposing to build a 150 foot monopole tower and colllocate their equipment on that tower to provide a new service point. Uh we have been trying for several years. The previous council uh has been trying for several years to get better service that extends out to the east Cre Lindsay Lane and down south toward Tanner. This is AT&T's answer to that. Um in the resolution they are asking for two exceptions. One is the tower height. So the city's wireless ordinance that's that's approved uh sets a maximum height of 100 feet for any new tower unless they can prove that they need a a taller tower. So basically what we require is them to provide us propagation data studies that show their current service the service at 100 ft and then the service that they need which they showed at 150. uh there's a considerable difference between the the the height at 100 versus 150. So that's why CMS has recommend the approval of the height difference. Um without that extra 50 foot, you would completely cut out Cam break the the area that they're wanting to cover that goes south toward Tanner wouldn't make it down to the new residential areas in Tanner. So basically what that would require if you if if the council decided to make them build a 100 foot tower, they would still have to build one or two extra towers to cover the area that they're going to cover with this one tower. So due to the locality of it and and it's in a good

spot, it's on city- owned property. It's in a commercial area. It's going to service the whole area. We think it's best to build one tower versus two or three towers to cover the same area. Um, they've also asked for an exception for the setback of the tower. So, in the ordinance, the setback says that it has to equal the tower height. In other words, there can't be a property line or roadway or anything that that's within the pro the tower height. So, what they've done with this tower, a monopole tower is basically like a a metal light pole. It won't have any lattises. It won't have any guide wires or anything like that. And it's going to be designed and constructed with a weak point in the middle of the tower. So if it fails, it's going to hinge in the middle of the tower and everything's going to end up in in the 60 ft x 60 ft compound. So it's nothing would fall out of the compound. So because it's being engineered that way and going to be constructed that way, CMS recommends approval of the relief for that also.

Okay. Do you have any questions about the site? David, I may just add that several years ago, we had a request, some of you on the council will remember uh over in the Indian Trace area in that Winslow Whitfield area, correct? And that we moved over to this facility to accommodate some of those and uh also to reach uh for this height. It's a great advantageous thing for all the way down south and for the cane breaking that whole area coach where you are. We originally had an application uh across the interstate on Winslow Drive.

Uh we got all the way to the permitting process. There was some objection to it, but the problem was that they didn't have an easement to go back in there to where the tower was at. So they were going to have to cross people's property and they couldn't do that. So they couldn't work out an agreement with that. So AT&T was the applicant at that time. So fast forward about three or four years later, Verizon was also needing service in the same area. So Verizon put a tower. I mean it's from where this tower is going to be. It's a rock throw from where this tower is. It's a 100 foot tower. So Verizon only needed 100 foot. So they put the tower there. They're providing service with their technology. They're making it work. U AT&T uses a different technology. And if they colllocate, our first want of the ordinance is to require them to colllocate on the existing tower because there's a tower there. And that makes sense. Less towers the better. Uh but the problem is is they would have to be at 90 foot. They would have to be 10 foot below Verizon on that tower. So the highest that they could colllocate on that tower would be 90 foot. So we estimate that they would have to build three two additional towers to cover the same amount as a 150 foot tower would would cover. So instead of building three towers, one over toward Cambridge, one to the south and then colllocating on this one, constructing the one tower at 150 would be less adverse than building three if that makes sense.

Will the addition of this tower affect the Verizon service at all?

It will not. No, it this will only be for AT&T customers and have an effect on AT&T customers. U the greatest advantage of this tower will be to the north will be to the to from Walmart to the interstate on Highway 72 will be the greatest benefit. Now that's capacity and coverage wise. Now, people are going to really notice it to the south toward Tanner because inbuilding coverage to the south and to the west toward Cambridge is is not very good. Um, I know that we've had discussions for years about the AT&T service in Cambridge. Uh, this is not going to correct all of the service in Cambridge, but the front half is going to have a a big it's going to really help out the front half of the Camreak community. There really needs to be an additional tower over on the Cambridge Lane side eventually. Uh I know there's one over there that's a Verizon tower and if AT&T can colllocate on that tower that would take care of all the issues in Cambridge. So what we're trying to do is get them this one in the middle of Athens get them the service that they need here to create to to close that hole because it's a big hole right now. And then once we get that, working with them out on Cambridge Lane to get the outskirts back to uh Lindsay Lane basically, if that makes sense.

Well, I I can attest to the fact that we need some help over there with AT&T.

Yeah. Yeah. Like I said, this won't fix all the problems in Cambridge. Now, this will fix all the problems all the way to the Tanner crossroads, which there's a tower site in Tanner just right off of 31 and AT&T's on that and it's coming north, but it doesn't even make it to country club, the old country club. So, so basically all of that area is is in building coverage is not good at all. Now, if you go outside or if you're in a car, you don't have any trouble talking on the phone. Um, so this is going to have a big effect on that area all the way to the front side of Cambridge before you drop off like back where the clubhouse is back down in there. Everything from there out to Lindsy Lane should have good service off of this tower based on the propagation data. The the part up on 31 and 72 out to 65 is both in building coverage and capacity. So right now the way the antennas and the towers are lining up, they all come together like at 31 and and 72. The problem is is if you go to one side of the intersection, you may go off of a tower in Tanner, you come to the north side of the intersection, you may be on the tower above the high. If you come just a little bit east, you you come off of Commercial Drive. So that's the three antennas right now that are providing service for all of that area. So, what this is going to do is it's going to take that and sector it up to where all of those people will be on the same tower, if that makes sense. So, it's it's going to make it work. The functionality of it will be a lot better than jumping from place to place to place because you start dropping calls and you have capacity issues and things like that. So, that's going to be a a big thing that you really won't notice as far as service-wise, but the way their system works, it's going to be it's going to work a lot better, a lot more smooth. There'll be a lot less drop

calls. It'll have a lot better coverage. But like I said, the other two sectors, one's going toward Tanner, that's going to fill in all the way down to Country Club. All those people is going to have great service. And then the east sector that's going toward Cebreak is going to get the whole front side of Camreak. Uh now there's still going to be places in Camreak if you get off on the back side, if you get inside of a structure, you may not have great service until until AT&T gets a tower to come from the that side back to the west basically off of Cambridge Lane. And like I said, there's one tower at Cambridge Lane already over there that they can use. So hopefully here soon they will colllocate on that tower and they'll fill that that gap. That's the goal.

Okay. Anybody else have any further questions? Okay. Thanks. All right. Yes, sir. That's Yes, sir. Good explanation. Thank you, D.

Who will take that one? That resolution. Okay, that's it for our public hearings. Next for our regular meeting, we have a resolution reappointing Ray Nice to the Health Authority Board of Athens Limestone Hospital for a six-year term. Any questions on that one? And Mr. Sard, I did check with Ray and he is most willing to serve and said he is honored to be a member of the board if you choose to select him. I saw him as well and he told me the same. So

I'll take that,

Mr. Lucas. Next one is a resolution approving travel expenses for personnel of the electric department in the amount of $582.98. Does anybody have any questions on that one for Hunter? Okay, who will take that? I'll take Okay, the next one is a resolution to approve a reimburseable contribution of 150,000 toward a pipeline feasibility study through the North Alabama Public Energy District. Braxton sent us something on this one, but does anybody have any questions? I was going to say Braxton could give a quick overview if you needed one, but I think you sent some information.

I'll take it. Yep. Thank you. That one will need rule suspension.

Yeah, suspension. Okay. Okay. Item D is an ordinance amending the Athens zoning ordinance. This was dealt with at a public hearing on the meeting at 12:22. But does anybody have any further questions on that one? Item D or E for that matter. Anybody have any questions on either of those? Well, we've got Aaron here. Dress it in the public hearing. Okay. Who will take D? I will.

And then we'll need a rules suspension on that one. I will.

Item E, same thing. Who will take that one?

And then we'll need a rule suspension on that. Item F is an ordinance to exempt certain covered items from the municipal sales and use tax during the third full weekend of July 2026 as authorized by act 2006-574 and amended by act 2017-120 generally referred to as the sales tax uh state tax holiday legislation. Yeah, we just wanted to get out in front of that. Annette, thanks for bringing that forward. That's the back to school day for the sales tax. We do this every year. We have to have it to the state by April this year. So,

okay, pretty straightforward. Does anybody have any questions on that one? Who will take that ordinance? And then we'll need a rule suspension. Correct. Correct. I will. Item G is a resolution approving an agreement with Motorola Solutions concerning ongoing maintenance for the P25. We've had a couple of these over the past few meetings, but does anybody have any questions on that one? Okay, we'll take that one.

We'll need rules on that one as well. Rules on that one as well. Yes sir. Okay. Item H is a ordinance concerning the coordination and management of facilities in the public rights away. We got Michael here if anybody has any questions on that one. And I think uh Miss Sy, we're not ready to move forward with this. If you guys I think we need a little bit more if you

Yes. This is uh this is presented to y'all in draft format. It's a pretty lengthy ordinance. So y'all have an opportunity to look at it. Okay. There's still some revision that's going to take place especially to the to the back of it. This is a right-of-way constructionway management ordinance which codifies the processes for the issuing permits for work in the right ofway and sets the standards for how the city helps keep up with that. As years have gone by, the number of occupants in our city rights of way have become more numerous. And as our [clears throat] city is rapidly growing, uh the number of people that want in those rideways, whether cable companies or fiber optic folks, continues to increase. Michael Griffin, uh Stacy Dowen at department have been working with uh a permitting process to uh to try to modernize the city's approach to that. That's what this ordinance does. Uh but it is presented to y'all tonight so y'all can review it and have any questions. It may it's going to have some additional tweaks to it before it's submitted to you for action.

So, we'll remove item H for tonight. Item I is a resolution authorizing the mayor to award the lowest responsible bidder Grayson and Carter and Suns contracting in the amount of $147,00049 uh $4921 for the construction of the US72 and highway street or Highine Street uh pedestrian crossing funded by the 2024 go warrants. Any questions on that one? I'll take that, Mr. Lucas. And then we need a resolution. I'm sorry, a rules suspension.

I'll suspend. [clears throat] This one's much needed. I know. Item J is a resolution authorizing the city engineer to enter into an agreement with Morell Engineering for topographic surveying and permitting work on SR72 and I65 at a price not to exceed 25,000 funded by the 2024 general obligation warrants. Any questions on this one? Okay, who will take that one? Yes, sir.

And then we have an add-on item K with U Councilman Harper rolling off the city council. We have to appoint a replacement to the solid waste authority. And so item K is a resolution to appoint Councilman Cesy to the Solid Waste Authority for a three-year term expiring January 12, 2026. Okay. And I think that's it. Do we have any other additions or is that

I don't have any. I think we could nothing else. Okay. So, we've got about 10 minutes or so. We can uh take a short recess and we'll get started at 4:30. Thank you.

We We're going to go ahead and get started. It's 4:30.

Thank you. Annette, if you'd please call roll. Yes, sir. Mr. Creasy here, Mr. Lucas here, Mrs. Henry here, Mrs. Golden here, Mr. Cyber here, all five present.

Our invocation is going to be offered by Councilman Lucas and then pledge of allegiance by Mayor Morris. Heavenly Father, we thank you for allowing us together. We pray that you would give us guidance as we make decisions for this city. Father, we pray that you will make good decision. Father, we thank you for allowing us to come here this afternoon. We ask your blessing on everyone that's here. Jesus name we pray. Amen.

Amen. Please 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, thank y'all for that. Can we get a motion for the approval of our city council meeting on December 22nd and for our work session, please? So moved. Get a second on that. Second.

Second by Councilwoman Golden. Nette, you mind calling ro on that one? Okay. Mrs. Henry. Yes, Mr. Lucas. Yes, Mr. Cesy. Here, Mrs. Golden. Yes, Mr. Cybert. Yes. Five yay, zero nays. We don't have any special city council minutes, uh, standing committee, special committees. So, our next one will be a report of officers. Uh, mayor has a special proclamation.

Uh, yes. Thank you, Mr. Sy. Before I get to that, let me just mention the importance of Dr. Martin Luther King Day, which is next Monday. Uh, please join us if you can. Uh these young people put a lot into not only writing their essays, but the artwork that they've done that we added a few years ago has been a great addition. I know Wilbur is here today and he'll be leading the singing at 9:00 a.m. So join us, right, Will? Yes, sir.

Okay. And uh but anyway, it'll be uh we'll start uh the march at the courthouse at nine o'clock and then march to the veterans museum where we'll have the program uh and then I think there'll be an additional program too uh later on at Sweet Home. So uh please be aware of that. The second thing I want to mention is it's been brought up several times and I gave each of you something about the al.com article uh that is about the medical cannabis and as you can see uh channel 19 had an article on that. You know about as much about it as we do. Annette and I have not got the first inquiry to my knowledge here at the city of Athens. Although GP6 Wellness has been approved in Athens, Alabama for medical cannabis and uh I gave you the article and also it is uh I think well don't think I know it has been identified at 809 Highway 72 unit A and B and I think they have to go through a whole process but it's GP6 Wellness LLC. See, then there were nine sites around the state of Alabama. Athens was chosen as one of them. It is uh just like going to the pharmacy. You have to have a prescription from your doctor. It's my understanding. And Annette, you may want to add anything else if you know it.

This the state, like you said, would have to approve them and then the city we will, you know, all the city has done so far is the council has approved for those type of business. is to locate here, but we don't have procedures yet to license them. So, that's something that we're going to have to work on. Yes. Internally. So,

right. And then third very important thing tonight is uh we have a human human trafficking prevention month in January of 2026. And we have a proclamation between myself for city council and for the county commission who's worked together, worked with Colin on this. We both have signed this and tonight we have Janet Bozigan who is here with us tonight uh and as a partner with this very important issue. I could read through this but let me just talk about it a minute. There are a lot of important things going on and recently, not recently, but not so long ago, there was a very tough situation and I want to say hats off to our law enforcement people. What they did and for Sheriff uh Mccclaclin, what he did was what was called uh I believe operation Millstone and uh it was very successful operation. But guys, human trafficking is going on. It's on I65, Interstate 20. There are a lot of critical issues in this country as you know, but be aware of that in January. I just want us from the mayor's office and the city council to recognize January to be aware of it. And Janet, thank you for being here uh as she is uh uh with family resource center but also very actively involved. Some of you may have seen uh there is a movie coming out real soon that I understand is very moving uh very tough to look at the very early part of it. But it also is at the backside of it is and is full of inspiration and hope and success on what people not only in human trafficking deal with but child welfare, child abuse

and you can go on and on with issues but still hope and I think that movie I don't know exactly Jan do you know when it's coming out?

Tickets on sale real soon. So be involved in that. And so now, therefore, I, William R. Marks and Colin Daly as chair of the Limestone County Commission, do hereby proclaim January 26 as human trafficking prevention month and reaffirm our commitment to human trafficking awareness, training, and educational activities. to strengthen our resources for those impacted by human trafficking and to be designated a traffickingfree zone supporting a more coordinated comprehensive response to prevent and combat the crime of human trafficking. Now therefore and this hand 12th day of January 2026 and I signed it on behalf of the mayor's office and Colin Dailyy for county commission. So Janet, if we can, I'd like to present this to you and y'all

y'all scoot this way.

Mayor, scoot this way. Okay, I think we're hang. Yep. Thank you,

Mr. Sard. I think that's all I have on my agenda. Okay. For tonight, unless I miss something, I think that's it. Thank you. Uh Sane or Shane, our city attorney, do you have anything? Nothing for me, Mr. President. Uh Mr. Lucas, uh I have one thing. I I got a request that uh we look into some speeding on 12th in Highland. Um person called they mentioned speed bumps. I don't know whether uh the community want that or not but anyway just said they had a lot of speeding on 12th and Highland. 12th and which one was it Mr. Lucas? 12th and Highland.

Howland right. Okay. And if there is, you know, there's a process. I'll be glad for your buzz me. There's a process. If the residents will sign uh to look at speed bumps, we'll look at that. If not, Chief, you help us and try to add a little patrol out there when you can. We've got a good many places around town. But thank you. He, you know, they just said be bumped and I said that might not be feasible, but but what the community wanted. Okay. Thank you, sir. That's all I have. Mr. Cesy, Henry.

Um, I want to thank the police department and our sanitation department for helping me uh try to come to a resolution of an issue. We have an issue at several of our apartment complexes around town. When people leave, either by choice or being asked to leave, they very often leave a lot of their belongings there. And the apartment buildings typically don't have anything to do other than put them by the road, which causes an issue. Uh, you know, no one wants to see that kind of mess along their along their streets. And it's really not fair that they be allowed to get by with it. And then eventually the city does wind up having to pick it up, which costs all of us money. So, I appreciate that our compliance officers and uh Chief Presnel are trying to work with uh Terrence Brown at sanitation to come to a resolution of getting that cleaned up in a more timely fashion as well as then invoicing the correct party who needs to be taken care of their mess and I really do appreciate that. So, thank you very much,

Miss Golden.

Okay. I don't have anything either. So with that, we'll start with our regular meeting. First item we have is a public hearing relating to the zoning approval of the sale of alcohol in the city of Athens by Logan's Roadhouse. Uh that is at 16132 Athens Limestone Boulevard and it is due to a transfer of ownership. So we'll open the public hearing for comments. Okay, we have none. We'll close that public hearing. Second item is a public hearing relating to a proposed resolution fixing and assessing cost associated with the abatement of a public nuisance located at 310 Hind Street. So, we'll open the public hearing. Give your name.

I had a comment. You you never looked up as I stood. Okay. Uh I want to speak about the public nuisance of 310 Hind Street. Okay. Yeah, that's the one we're doing now. Okay. I want to I want to speak of this law you got uh 218 International Property Management Code adopted by the city of Athens IPMC section 108.15.1 5.7. Now, this is the law that y'all made for old buildings, old houses standing, right? That's not a law that we made. No, that's international code. Well, y'all adapted it, right?

Okay. Why is it your building still standing on Jefferson Street? This is a eyesore. This is a eyesore. Anybody going down North Jeffson Street, starting at Mlennon Street, everything through is a eyesore. Billy Cannon, Joe Cannon, and the city council, Chris Cipher, own every other building and house. Why don't the city use this code against them? Like you made a man come all the way from Ohio to tear his house down last week. Mark, do you have anything related to 310 Heind Street? Well, it's the same thing. It's the same thing. What What about you going to let me speak about this or whatever else? Anyway, no, I'm Anything you want to say about the public hearing on 310 Hind? We're open to listening. This is a problem with your properties throughout the city. Okay,

ma'am. How are you going to address the city council in your district? Every road in your district is raggly throughout. How are you going to address the roads and the housing? You need to speak to 310. I need to speak to Amy Golden. Ask her how she going to address our district. here.

I'll speak uh for the action against 310 Heind Street. Uh the council ordered the removal of materials out there on that site because it was uh putting water on an adjacent property. Um I followed through with the council's order, removed that uh debris off that lot, and now we're uh going to fix the lean. That's what we're here to get approved tonight. So, the amount that uh it cost the city to remove that is $9,23912. So, um I'm asking that you fix the lane at this time.

All right. [clears throat]

Uh my name is Tito Rees. Uh 842 uh West Washington Street. I'm the owner of 310 High Street. Um I know that many time that that was the issue saying that uh I was the object was causing water on another property which is not true. Um if you saw the property before I even put anything on it, you would have saw it for yourself. And no offense Mr. Wel if he had been there. And the only reason why this lady have an issue against me and why she came up here and complained about saying that I was causing water. The water is still on her property as of today. Uh it didn't stop anything. The rocks didn't cause no water on her property. It was said there was a nuisance. And my thing is this. Um, as I said on last time, I I just don't understand what's Nuen because here's a piece of property that belongs with the city that's on Am Street. It's got the same thing that I ate on my property. A nuisance is a nuisance. Last time I checked, if the definition means for me, it should mean nuent for the city. Uh this is right across from the uh city right am street the public works building exact same thing. It's a nuisance. If they said mine's a nuisance. It was a nuisance till this lady tried to claim that I was cagging uh the rocks was bagging water up on her property which was incorrect. I can I can call people that she had called before I had put the rocks on my property that was cuz she

had an issue with water on her property. If uh the city engineer uh I believe brother Mike went out there it's just a hole. The hole is on her property just as well as mine. They cutting they uh they cutting out so the water can drain out on her property just but still the water's on her property even though removing the rocks off of my property then help her property still and she still had a problem the issue and they over there digging the city is over there digging on her property which I think it should be her problem if she want to ward off I don't think that my public tax my city taxes should be taking care of what she need done on her property. If y'all going to charge a lean to me, my property, I think you should charge something to her due to the fact of the city is over there working on her property just as uh if it were my property and there was a bag of water on my property, I would have to get the ward off my own property. I don't think that due to the fact now the rocks has been has been removed, I think that the city should have to charge her to make sure that they put a drainway to get water off of our property.

Okay. Thank you, Mr. Reus. Anybody else? 310 Hind Street. Give us your name, your address.

Um, Amanda Schulty, 1036 West Washington Street. And just because I've been coming to these for a while, I know it's easy just to say yes, we hear you. And so just to kind of like piggyback off him and just to if there was any feedback on that, are you going to is it just kind of a set thing that he's going to be build that? Are you going to look into it to see that if there is some sort of um where it's affected both of those properties just because like hearing what he's saying, I just want to make sure because this is always like a formality of like, yeah, we hear you. Thanks for speaking. But just to make sure that the council and and the city is actually going to look into it to see that maybe if he's saying that it's not that's that was it. So thank you.

Yeah, that assessment's done on the front end. So before it gets to this stage. Anybody else? Okay. Thank you. That public hearing is closed. Council Mccasie,

resolution fixing and assessing costs associated with the abatement on a public nuisance located at 310 Heind Street. Whereas in resolution number 24 or two 2024-15954, the Athens City Council declares brush construction and debris pile located on following uh described real real estate property to be a public nuisance and required the abatement of the same. Whereas the debris pile was determined to disturb or impact a natural drainage drain drainage way causing water issues for neighboring properties and the harboring of insects and other pest whereas the abatement of the public nuisance was carried out by the city.

We get a second on that. Second. Councilwoman Henry, we get a roll call, please. Mr. Creasy. Council Golden, any questions on that one? What what what did we do to determine that that there was a water issue that was create created by this debris? I'll have to question. Okay. Excuse me. Michael, do you want to address that?

So, there are three lots located along Hine Street. And when we were called out to look at this, between those three lots, there is an area like a low depression that is present on those three lots. It's not inside of a recorded flood plane or anything. It's just a low depression. So, we approached the adjoiner behind Mr. Tito's lot and they provided a temporary construction easement to public works. So we cut a swell to the west and when you cut it to the west it allows for the potential to drain that property in the future. However, the material that was present on site if you can imagine in a bathtub and if a kid jumps in on one side it's taking up capacity. Right? So in my opinion, professional opinion that was taking some form of capacity away from that flat area that was holding water. So that water would go to the west and go underneath Washington Street on the northwest corner of that lot back there. There's a house and then the northwest corner across from the fire station. It goes to the creek to the north. So we got the easement and we allowed for the water to drain off through that easement trying to work it out between neighbors. However, the material that was left on site does remove some form of capacity of that area that was presently there. Now, if it was ever developed, according to Athens development standards, that would be identified. Um, the adjoiner identified that potentially maybe one day there could be two to three more lots along that street that's on the back. I cannot remember the name of that street. Mayor, we repaved it years ago when the sewer department had basically put a new sewer line in. And at that time, that area could be filled. So, if Mr. Tito had also turned in a site plan. If he wanted to develop that lot, we would identify that area and require them to fill it with engineered fill. So engineered fill would be placed at 6 in or 1t increments that you would see like behind, you know, Walmart, Lowe's or equivalent for any type of commercial frontage. So you wouldn't have any settling or you wouldn't have any um

material that could be harmful like if it would leak like oil or you know anything that could have asbestous. So we would require that in the form of development. But presently at that time was a low depression area partially filled with debris. I'll call it that. Yeah. Rocks basically chunks of uh concrete and whatever else could make it up. But if removed um it would return the original capacity and public works did provide a way for that property to be drained to the west where it used to not have a way to drain. It would just fill up, perk, and would be under a tree canopy and stay wet the entire time. And that was the original complaint was that capacity was being removed from that material being placed there.

What What was the purpose of the material? Why did you put it there on that lot? exact same if I had cut drainage drain out. He said it was okay. That's the engineer. But then I'm still receiving complaints about 31. They're using the same thing right across the railroad track. They built the same thing people that piece of concrete and other debris that's been brought and dumped in I understand I I just don't get I'm the thing is she had a water problem just as well I can say it didn't cause some of but the problem is the hill the water's going down so the brick the rocks actually cause some of the water to stop because it's going downhill the water's flowing from the east to the west off Am I right?

So rocks don't create water, but they do take capacity. They take volume. Like fill's placed in an area. So as I tell people, you know, fill doesn't create rain, right? It just takes a form of volume. So if less volume is present, it's got to go somewhere. And the somewhere was the adjacent property owner. And I know what he's referring to. We do require a permit for Phil. Um, if you're over 200 yards, it's required to be applied an application and review. So, if you're near any flood planes or if you're near any sites that require fill, it's supposed to be reviewed. There are properties that do it. However, we work off complaints. And so, if somebody approaches us and complains with the adjacent property owner, that's how we respond. Any complaint that is filed according to our office, we would respond the same way. So, if you hadn't had a complaint on that,

if you hadn't had a complaint on that property, then you would not have addressed it, right? There's no way that we could police from 20,000 view of what people are cutting and filling. We do we we do keep aware of the situation around town and I'll write letters like where's your where's your drainage permit basically or grading permit. But every little individual that say somebody in the backyard wants to put a retaining wallers, there's no way unless we're constantly out of the office to try to find those issues. But if it does cause an issue, we respond to it immediately. Y'all have any further questions? Any further questions for Michael?

No, sir. Okay. We've had uh an introduction and a second. So Annette, if we could call for a vote. Yes. Mr. Cesy, yes. Mrs. Golden, yes. Mr. Lucas, yes. Mrs. Henry, yes. And Mr. Cyber, yes. Five, zero nays. Public hearing number three is relating to a request by AT&T to grant a special use permit to construct a new wireless telecommunication facility and install their equipment at 1250 East Sander Road. Well, the hearing is open.

Yes. My name is Patton Han. Uh I'm with the law firm of Baker Donaldson, 19016th Avenue, North Birmingham, Alabama. Um I hopefully be very short. I thought David made a very thorough uh qu thorough presentation during your work session. He brought up everything I would have brought up, but I'm happy to answer any questions you might have. I don't personally have any. I've already gotten a pretty deep dive on it, but does anybody have any questions? Okay, thank you. Thank you. Anybody else on the cell tower? [clears throat]

Scott Marshall, 212 East Street downtown. The only question that uh never heard addressed was, you know, we go from 100t to 50 150 ft. It's only 50 feet. but it's really 150 ft. There's no uh no comments been made about the light uh pollution or possible light pollution uh that that 150 foot tower is going to give to the surrounding area every night. So, I'd like to see if Mr. Andrews could come back and address that. Thank you. You mind doing that, Dave?

Yes, sir. [clears throat] So, the city ordinance requires no towers to be built with lights on the tower. So, what that means is that the FAA requires all towers that's 200 foot and above to be lit. So, if you see a tower that's got lights on it, that means it's 200 foot or taller. So, anything under that has no lighting whatsoever. So, the 150 foot monopole will have zero lighting. So, there will be no lighting. Yes, sir. Yep. Thank you. Yes, sir. Anyone else on on the cell tower?

Okay. Close that public hearing. We have a resolution. Councilwoman Henry. Therefore, it be resolved by the city council of city of Athens, Alabama, that AT&T is hereby granted a special use permit to construct a new wireless telecommunication facility and install their equipment at 1250 East Sander Road, Athens, Alabama, as recommended by CMS. The special use permit is subject to compliance with conditions prior to the issuance of said permit and/or a certificate of completion. We get a second. Second.

Does anybody have any further questions? Final questions. Okay. Can we get a roll call, please? Now, Mrs. Henry, yes. Mr. Lucas, yes. Mr. Cesy, yes. Mrs. Golden, yes. Mr. Cyper, yes. Fier zero nays. Okay, that concludes our public hearings. We do have an opportunity now for public remarks regarding anything that's on our current agenda. Anybody would like to make comment on the current agenda? Can I make comment on some things that have gone on instead of just the current agenda? Current agenda. Now, Kelly, we'll have an [clears throat] opportunity at the end. That's fine. Thank you.

Anybody on current agenda? Just give us your name, address. You have three minutes. Um, Amanda Schulty, 1036 West Washington Street. Um just a question question on um item I. This is a like a repeat agenda item from 11:24. Um I think item M on that particular one. Is there a reason why it's repeated? Michael, you want to address that? Which is that again? That's the uh pedestrian crosswalk. Yeah. When y'all brought it up in the work session, I thought it had been repeated again because we accepted the award. I thought Yeah. back in November. That's what I thought it passed in November.

Yeah, it was a duplicate myself as well. Might have been my mistake when I sent that earlier copy to council earlier. Well, I know there was a question about it being low bidder and this was the proof that it was low bidder and so it's the same low bid. That's correct. Right. So, I just was wondering why it was on there because it was this. It's the exact same verbiage from low bid from November. That's what I'm saying. It reads the exact same. That's what I was all I wanted. If it's a mistake or an error, that's fine. But just the same same wording. Mr. Woodruff,

Woodruff, 200 [clears throat] Christine Street, Athens, Alabama 35611. I just got a question about uh item G. It's the uh Motorola Solutions, the maintenance. What is a P25 communication system? Chief, you want to give us see you mind giving a quick synopsis of that? We've approved several things that are part of this system.

That's the current radio system us. The fire department, sheriff's department, just about every county around us is currently on is the P25. It's the newest thing. We did have UHF, VHF fires didn't work good at all. Ours, certain areas, we had dead spots. We don't have that with this. So that's the maintenance agreement for this system. We had it for a year and the agreement's run out. This is to basically reup our maintenance agreement. Yep.

Well, I can add we've been working with the county for some time about that in the hospital and others. And uh it's uh when we got hit so hard in 2011, I know that seems like a long time ago, but we honestly could not communicate with each other in certain places. And this P25 system came along and lets us all communicate and coordinate much better. Good question though. Thank you.

Rick Johnson, 2039 Lindsy Lane. Uh wanted to ask about uh items D and E. I spoke about these things at the uh at the public hearing last meeting. um at at that meeting we had one request, one ordinance on the agenda. [clears throat] It's been split into two for this one. I so I don't know which one I'm speaking to, but I'm assuming um the open space that I spoke to last time was the reason why it's been split out. But again, I want to reiterate uh we as a planning commission view this as a as a quality of life issue for our c for our citizens and we want to put some parameters around the development and allow some more open space for uh all of these new neighborhoods that are coming into Athens. Uh the planning commission had the verbiage for well over a month. Uh it was debated every single point and every single one of those within our planning commission meeting and it was approved unanimously by the planning commission as well and mayor I know you agreed with me uh during the public hearing that it definitely is a quality of life issue here for our citizens and I would hope that you guys would approve it.

Yeah and on that note we had one developer reach out about this and that developer was already doing what we've put into the language of the ordinance. So uh seen and that's a small sample. Yeah. But um but hopefully that'll be the case in in most cases. Did you have anything on the fact that it's in two now? No. Thanks. Anything else as it pertains to our current agenda?

I say one more thing. I' I've brought this up numerous times and I'm listening to the my fellow attendants here ask these questions that I believe if we had that information linked to this agreement I mean this agenda online several of these questions would have never been asked. So, I'm pleading with y'all again, new council, if we can get some more information on the agenda that goes out on Friday, that we can do some research oursel, okay,

without having to bring it to y'all and wasting some time on something that could been answered by just reviewing it. Okay. Thank you, Scott. We'll we'll definitely take a look at that.

Anything else? Okay, we're going to move into our regular meeting. Item A, Councilman Lucas resolved by City Council of the City of Athens, Alabama to reappoint Ray Nice to the Health Authority Board of Bath and Lstone Hospital for a six-year term expiring on December 31st, 2032. We get a second on that. Second. Any discussion on that one? Okay. Can we get a roll call, please? Mr. Lucas. Yes. Mrs. Golden? Yes. Mr. Casy? Yes. Mrs. Henry?

Yes. Mr. Cyber? Yes. 5 Zone. Item B, that's Councilman Lucas as well.

Be resolved by the city council of city of Athens, Alabama. that the travel expense in the following amount be approved for electric department personnel. Isaac Taylor $93.90. Isaac Ser $92.85. Alan How $982. Justin Rochelle $9065. Son Bane 11759 Ethan Summers 89 97 for a total of $582.98. We get a second on that please. Any final questions on that one?

Okay. Can we get a roll call, please? Mr. Lucas? Yes. Mrs. Henry? Yes. Mr. Cesy? Yes. Mrs. Golden, yes. Mr. Cyber, yes. Five, zero nays. Item C, Councilwoman Golden,

be it resolved by the city council of the city of Athens, Alabama on January 12th, 2026, 4:30 p.m. as follows. To approve the reimburseable contribution of $150,000 toward the pipeline feasibility study through the North Alabama Public Energy District. This will determine the possibility of bringing a new pipeline into the area that will increase natural gas capacity. This will be an unbudgeted expense and will be allocated from the gas department revenues. Move to suspend rules. Second. Thank you, Mr. Lucas. We get a roll call, please, on the rules. Mrs. Henry, yes. Mr. Lucas, yes. Mr. Cesy, yes. Mrs. Golden,

yes. Mr. Cyber, yes. Yes. Five yays, zero or nays. Can we get a second on the resolution? Second. Second by Councilman Lucas. Any final questions on that one? It is reimburseable. We do the work, we pay for it, then we get reimbursed. Okay. Can we get a roll call on that, please? Mrs. Golden. Yes. Mr. Lucas, yes. Mr. Cesy, yes. Mrs. Henry, yes. Mr. Cyber, yes. Five nays, zero nays. Item D, Councilman McCesey,

whereas the planning commission of the city of Athens uh proposes that the city council further amend ordinance number 217-26 206 with amendments 219 or 2019 2079 to 2020-2140 and several others. the zoning ordinance of the city of Athens. Whereas it at its regular meeting on November the 18th at the end of the public hearing, the planning commission issued the final report recommendation that the city of Athens city council amend the ordinance. After having received and considered the information from the 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 while in regular section uh January the 12th as follows. Section one, zoning ordinance to add to be amended as follows. Purpose. This section set forth a standard for an open space for creating recreation spaces for preservation of natural features. Let's see. Let's see. All right. All res all residential development that exceeds 25 dwelling units or exceeds 15 acres. Non-residentidential or mixeduse developments with two or more buildings, two or more non-residential tenants, a gross building area exceeding 10,000 square feet or a site of or lot exceeding three

acres. exemptions. Minimum open space set aside shall not require not be acquired in the following with the residential developments yield a set aside less than 5,000 square ft when the non-residential or mixeduse development yields a set aside of less than 2500 square ft or when the area for individual single families residential lots that are 2,000 square feet or larger may be excluded from the 5% open space set aside by set aside calculation. Review of the compliance. Review of the compliance shall occur with the subsupplemental with the submen sub. I don't have my glasses on. Can't see that. I said these aren't any better.

I'm not as blind as you. [laughter]

Maybe now I lost where I am. Submittal of a department plan, site plan or preliminary plat. The developmental plan site plan or the preliminary plat shall identify at the minimum one or more open space types being utilized in accordance with the section 10-9- 10 6-10-9 through 6-10-16. Appeals of the application disagree with the decision of the DRT regarding the use of the open space. An applicant may apply the decision to the planning commission and or the council depending on the type of application. I need to read the rest of this.

Yeah, this is a this will be available if anyone needs to to get it to to go, but this will be a all day thing if I try to read all of this. Right. Read this. Anyway, that's the the purpose of the of of this amendment. Okay. So, could uh Council Henry, could we get a motion to suspend the rules? Uh, suspend the rules. Yes. Actually, one back. Suspend the rules. You got two of us down here now.

I I suspend the rules. You suspend the rules. Make a motion to suspend the rules. Can we get a second on the rule suspension? Second. Second from Councilman Cesy. Can we get a roll call on the rule suspension, please? Mrs. Golden. Yes. Mr. Casy? Yes. Mr. Lucas? Yes. Mrs. Henry? Yes. Mr. Cybert? Yes. 5. Zero Naz. I'll second the ordinance. Councilwoman Henry seconds the ordinance. Any final questions? It's a lot of content, but is there any final questions on that? the building department or the commission approved it. Send it to us. Okay, we get a roll call on that. Mr. Cesy, yes. Mrs. Henry, yes. Mr. Lucas, yes. Mrs. Golden, yes. Mr. Cyber,

yes. Five, zero nays. Item E, Council McCree. Item E is an ordinance amending the Athens zoning ordinance held in that was a public hearing held at a previous meet meeting on December the 22nd. Aaron Tibbles was a city planner or I could read through all the rest of it like we did on the last one, but that's basically it. Well, there's a lot so there's a lot with minor changes typically. So move to suspend the rule. Can we get a second on the rule suspension, please? Second. All right. Can we get a roll call on the rules, please? On that. Mr. Lucas, yes. Mrs. Golden, yes. Mr. Cesy, yes. Mrs. Henry,

yes. Mr. Cybert, yes. Zero nays. And then can we get a second on the ordinance, please? I'll second the ordinance. Councilwoman Henry seconds. Any final questions on that one? Okay, we get a roll call on it, please. Mr. Casy, yes. Mrs. Henry, yes. Mr. Lucas, yes. Mrs. Golden, yes. Mr. Cyber, yes. 5 Z. Item F, Councilwoman Henry,

bid ordained by the city council of Athens, Alabama, in conformity with the provisions acts 2006574 enacted by the Alabama legislature during the 2006 regular session providing for a state sales tax holiday and amending and amended during the 2017 regular session by act 217120. The city of Athens, Alabama exempts covered items from municipals sales and use tax during the same period beginning at 12:01 a.m. on the third Friday in July, which would be July 17th, 2026, and ending at 12 midnight the following Sunday, July 19, 2026.

Councilwoman Golden. Move to suspend. Second from Councilman Lucas. Can we get a roll call on the rules, please? Mrs. Golden. Yes, Mr. Lucas. Yes, Mr. Creasy. Yes, Mrs. Henry. Yes, Mr. Cyber. Yes. 5 Z. And then can we get a a second on the ordinance? Second. Second from Councilwoman Golden. Any questions on that? Okay. Can we get a roll call, please? Mrs. Henry, yes. Mrs. Golden, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mr. Cyber, yes. Fabier, zero. Item G, Councilman Lucas.

Therefore, be resolved by the city council of the city of Athens, Alabama on January 12th, 2026. The mayor and or his designate is authorized for and on behalf of the city to enter into an agreement with Motorola Solutions for the advanced plus service package. A comprehensive program to sustain the long-term performance of the city of Athen network advance plus consists of the following elements network event monitoring remote technical support network Hardware repair with advanced replacement. Remote security update service onsite infrastructure response annual preventive maintenance network update security monitoring and onsite microwave support. This agreement will be for a term of three years at an overall price 268,99525 payable as follow 1212 1130 26 and 86,171.92 year 2 121267 3027 89,618.75 in year 3 12127 113028 93,24 54 agreement as the mayor and his designation reasonable direct discretion may include further and additional terms that accomplish the purpose of this resolution to the extent that same are not inconsistent with

[clears throat] responders in support of this resolution authorized to be expended through a general fund budget amendment to the FY 2026 public safety operation budget for year one of the agreement December 1, 2025 and ending November 30, 2026. Expense for the year two and three of this agreement will be funded through annual budget appropriations. Get a motion to suspend the rules. Motion to suspend the rules. Second. Second from Councilwoman Golden. We get a roll call on the rule suspension, please. Mr. Creasy, yes. Mrs. Golden, yes. Mr. Lucas, yes.

Mrs. Henry, yes. Mr. Cyber, yes. Zero Naz. And then can we get a second on Counciloman Lucas's resolution? Second. Second from Councilwoman Henry. Any final discussion on that one? Okay. If you call the RO, please. Okay. Mr. Lucas, yes. Mrs. Henry, yes. Mr. Cesy, yes. Mrs. Golden, yes. Mr. Cyber, yes. Five, zero nays.

Item H has been removed. Item I, Councilman Lucas resolved by the city council of city of Athens, Alabama to award the lowest responsible bid bidder Grayson Cinoration in the amount of $147,4921 for the construction of the US 72 and street pedestrian crossing. funded by 2024. Move to suspend. I'll second.

Second from Councilwoman Henry on the rules. We get a roll call on the rules suspension, please. Mrs. Golden, yes. Mrs. Henry, yes. Mr. Cesy, yes. Mr. Lucas, yes. Mr. Cyber, yes. Five, zero nays. Then, can we get a a second on the resolution? Second. Second by Councilwoman Golden. Any final questions on this one? Annette, I I think just on behalf if you see that's repetitive, would you at least in your minutes make a note of the date back to November? I will make sure it's the same. Thank you. I'll double check tomorrow. Okay. Thank you. All right. Any other questions on that? All right. We get a roll call, please. Mr. Lucas, yes. Mrs. Golden,

yes. Mr. Creasy, yes. Mrs. Henry, yes. And Mr. Cyber. Yes. Five. Yay. Zero nays. Item J. Councilman Kishi. Be it resolved by the city council of the city of Athens, Alabama to authorize the city engineer to enter into an agreement with Memorial Engineering for topographic surveying and permitting work on SR State Road 72 and I65 at the price not to exceed $25,000 funded by the 2020 general obligation warrants. Move to approved on this 12th. Sorry. Move to suspend the rules.

Second. Seconded by Councilwoman Golden. 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. Yay. Zero naz. And can we get a second on Councilman Cesy's resolution? Right. Any final questions on this one? Okay. Can we get a roll call? Mr. Cesy. Yes. Mr. Lucas, yes. Mrs. Henry, yes. Mrs. Golden, yes. Mr. Cyber, yes. Five, zero nays. Item K, Councilwoman Henry,

it resolved by the city council of the city of Athens, Alabama to appoint Alan Casy to the Solid Waste Authority for a three-year term expir expiring January 12, 2026. We get a second. Second. Councilman Lucas. Seconded. We get a roll call on that one, please. Annette. Mrs. Henry. Yes. Mr. Lucas. Yes. Mr. Cesy. Mrs. Golden. Yes. Mr. Cyber. Yes. Four and one abstension. Okay. That concludes all of our items that we have. Do we have anything else to add?

Uh, no. don't have anything else, but I just want to make a note to city council and to staff. I know we have one more meeting in January, but I want to say congratulations to Michael Griffin. He's uh been here quite a number of years and he's taken a job with another city and we wish him the best and uh just want to make sure that folks know that we will have his job posted and advertised uh hopefully this week. So, good luck, Michael. Yeah, we appreciate it. Not always an easy job, I know. So, uh we appreciate it for sure.

Oh, okay. Okay. We're going to make a a pen and ink. It says expires 2026. So, we'll make the pen and ink change to 29 on that. You guys take a look at that. It expires today. That was my fault. So, we'll add it was a short term. Well, it was [laughter] it's overed board. There's your board appointment.

That's the best kind of boards. That's the best [laughter] kind of board. Okay. We're going to give you three more years, coach. Um, thank you. So, we made that change. Anything else? Any other items of business? Okay. So, this is a an opportunity for the public to come up and make comment on any matters that are pertinent to city business. Please give us your name, your address. You'll have three minutes. I know Kelly's waiting. Anybody else? I'll take