City Council - workshop

I have 4 o'clock, which is the planned beginning of our work session this afternoon. Thanks to everyone for braving the elements to be with us this afternoon. That wasn't all that funny, but okay, whatever. I've made better jokes and had less reactions. Okay, so to begin with, this is the work session. This is where we get prepared for the regular meeting, which is scheduled to begin at 4.30. So we will have an intermission, if you will. May we have a roll call to call the work session in order, please?

Mr. Creasy?

Here.

Mr. Lucas?

Here.

Mrs. Henry? Here. Mrs. Golden? Here. And Mr. Seibert, I believe, is absent tonight.

He is. Thank you. During the regular meeting, after the call to order and roll call, we will have our invocation, which will be by Councilman Creasy this evening, as well as the Pledge of Allegiance. We will then have approval of the various meetings, reports of committees, and reports of officers. We have one public hearing this evening. This public hearing is related to an ordinance to rezone 14.2 acres near Teresa Private Drive and West Hob Street. Ms. Tidwell, do we have anything to add to that? If you just want to kind of introduce it, that'd be fine. Thank you.

All right. This is a rezoning. It's gone to Planning Commission. It's 14.2 acres for Habitat of Humanity. There we go. And it's right behind West Hob Street, Church of Christ. And what they're requesting is to take this from what's currently zoned R12 to an R14 single family duplex attached residential district. But essentially what that is, that district allows for duplexes, but also single family residential. They plan to only build single family residential on that property. And that being said, the difference and lot size is minimal and the setbacks will be more restrictive. So for that single family home, that rear setback will be 35 feet instead of 30. So planning commission senses with the recommendation and staff has no issues because there will be more restrictive setbacks.

Thank you. Thank you. Following the public hearing that's scheduled, there will be a supporting ordinance for that. Who would care to introduce that? And it is an ordinance, so it's my understanding we will need to suspend the rules. Who will do that, please? After the public hearings is our first time for community or audience involvement. This is public remarks regarding agenda items only. If you have something to add to an agenda item, that is your opportunity to speak before any action is taken on the items for the agenda. We do, of course, ask that you approach the podium. I can't even talk today. Excuse me. Approach the podium. Give your name and address. And you will be limited to three minutes for your remarks. At the end of three minutes, the buzzer will sound. We ask at that point that you wrap up your thought, finish your sentence, and take your seat. Thank you. After that, we do not this week have a consent calendar, so we'll go straight into our regular meeting. The first item there is a resolution approving purchase of a crew cab flatbed truck. I'm sorry, my stammer is bad today. Excuse me. Purchase of a crew cab flatbed truck. And this is for cemeteries, parks and rec. Mr. Bradford, do you have anything to add at this time? Thank you. Who would care to offer item A? Thank you. Item B is a resolution approving reimbursement to Councilman Seibert for expenses related to his recent attendance at the Alabama National Natural Gas Association Conference. Who would like to enter that? Thank you. Item C is the same action for the expenses incurred by Councilman Lucas. Who would care to offer that? Thank you. Item D, resolution concerning an economic development project relating to small businesses in downtown Athens. Mr. Black, do you have anything to add?

Madam President, that is the second part of the Athens Main Street Small Business Grant program that y'all put into place. The first round, as y'all remember, was about two months ago, I think. This is the second round. This one totals up to $51,000, or $49,000. The prior resolution was $51,000. And those are listed there on the second page as to the different amounts, as well as the purpose for each of them. I think Terry Richardson may be here for the meeting if there are any questions about them.

Thank you. I have one correction to that. The last group was actually 49, and this one is, this is 51. Oh, did I get them inverted?

So we need to, that third paragraph of the resolution, I'll change that for the record.

Gotcha.

Thank you. Thank you for catching that, Annette. Item E, recognizing the internal transfer of certain real, oh, I'm sorry, yes, thank you. Who would like to take item D? Thank you. Okay, item E. is resolution recognizing the internal transfer of certain real property located on South Jefferson Street from Athens Utilities to the City of Athens General Fund. Do you have anything to add to that Annette? I don't. Thank you. Thank you Amy. Item F also concerning Amy did. Thank you. Item F is an ordinance regarding the sale of real property located on South Jefferson Street to the Limestone County Commission. Mr. Black, do you have anything to say about this, please?

Ms. Henry, I'd just like to add, you know, City Council bought 7.78 acres of property some time ago to build a new customer accounts building. And after we purchased the bank there on, was that Green Street? We found that it's very comfortable. I think staff likes it well. So we didn't see a big need to keep this piece of property. So the county has come to us. They're required by state law to build an animal shelter, and they're requesting to purchase 3.55 acres of that to look at future building of an animal shelter and for us to retain the other whatever's remaining, 4.23 acres.

Okay. Well, actually, Amy has already asked, but may I depend on you to suspend the rules for that? Thank you. Item G, resolution authorizing a revocable license to erect a shopping center sign on the median of Raleigh Boulevard. Does anyone care to speak to that?

So there's currently an existing business center sign at this location for Swan Creek Development where Smoothie King currently utilizes it. And so what they're looking at doing here is replacing that existing sign and they're going through the same process they did previously with the franchise agreement. So basically saying this is the city's right of way and we have... While they will place this on there, we have the permission to remove it if at any point necessary.

Thank you. Thank you. Who would like to take item G, please? Thank you. Item H, resolution to approve the fiscal year 2027 electric department budget.

Is Hunter here? There he is. Thank you.

Would you like to say anything or wait until the meeting? Okay, thank you. Who would like to take item H? Item I is resolution approving revisions to engineering services through Morrell Engineering for Sunrise Park, phase two.

Mr. Radford, do you have anything to add?

Oh, okay, well. Well, he lost his chance until the meeting. So yeah. Okay, who would like to take item I? Thank you. This will require suspension of rules. Okay, thank you.

And I've noticed we also don't have a funding source on this one. We probably need to add to this to be funded from the 2024 General Obligation Warrant Fund. The 2024? Mm-hmm. Thank you. GO or General Obligation Warrant Fund.

Thank you. Hey, item J, a resolution authorizing the mayor's office to apply for an AMRV RC&D grant to fund the replacement of worn-out ball field maintenance machine with any remaining costs to be paid from the existing Parks and Recreation Capital Fund. I don't see anyone here specifically to speak to that. Mayor, do you have anything to add? Sure. Who would like to take item J? Thank you. During the course of business today, it became necessary to add three ordinances, and I have approved those additions. The first is item K, an ordinance amending our current noise ordinance. Item L will be an ordinance amending the special events ordinance. And item M will be an ordinance abandoning or vacating various easements and portions of easements at property near Brawley Boulevard and Audubon Lane. Items K and L are very much related. Mr. Black, would you like to speak to that now or wait until the meeting?

Whichever way you want to do. I'll go ahead and talk about them now. I'll be happy to. So K relates to the noise ordinance. L relates to the special events ordinance. Several weeks ago, I guess, the mayor asked me to take a look at The noise ordinance and special events ordinance, because they haven't been overhauled in a while, they haven't been reviewed in a good while. If you look at the noise ordinance that's on the books now, it's the same one that's been there for several years. It's the same with the special events ordinance. These update some of that language to account for current court cases as they relate to especially the noise ordinance, because whenever you And you'll see throughout like Alabama and federal case law, there's always challenges to when a city enforces its noise ordinance, especially as it relates to folks that may be out there, whether they're speakers or whether they've just got music up, this kind of thing. And Alabama courts and federal courts have changed the standards a number of times. What the noise ordinance does is it includes a lot of that language. in the noise ordinance itself, in the general rule, which prohibits loud and raucous and unreasonable noise. And then, as you'll see in the ordinance itself, because this completely repeals and supersedes the existing one. But it keeps some of the similarities. It adopts a general rule which outlaws loud and raucous and unreasonable noise. And loud and raucous and unreasonable, those are terms that have been used by the federal courts in upholding different kinds of noise ordinances. Then it sets out a list of examples. of different types of loud and raucous noise. Everything from tires squealing, you know, somebody going down the road and just squealing out their tires, to radios being up too loud, which is what Athens, you know, that happens numerous times. You get tickets written for that sort of thing. Also extends to public venues where folks are either having voice amplification devices that are way too loud or they have music that they're playing. that's way too loud and so this attempts to put some parameters around those that are reasonably drafted in accordance with federal and state litigation reported cases. Now what you see, what you've seen over the years with respect to noise ordinances is a lot of differences where you started out with general rules and then over time those were determined by the courts to be vague and so then cities tried to move into decibels where they were regulating on the precise level of decibels. And so you saw police departments investing in decibel guns. But then those were challenged and those were questioned by the courts because sometimes a decibel at one location is fine, but at another location it's not. And so now the courts have backed away again and have gone to the language that we're trying to use here. And so that's an ever evolving area of the law. It may be that it evolves again and we're back in here doing more amendments. But what you've got right now in the noise ordinance is an attempt to grapple with that in a way that's consistent with current law. The second thing that you've got on here is a special events ordinance. The special events ordinance, as I said, has not been amended in a while. This is an attempt to do several things with that, clean up some language in there, define, for example, amplified sound. and include rules related to its use in connection with special events, to clarify that the ordinance doesn't apply to governmental operations like the tornado siren, for example, or a police car, or an ambulance which is going through town, a list of exemptions which needs to be updated, and then also clarifies the rule for when a special event permit is required and when it's not required. clarifies the criteria for when a special event permit may be denied by the police department. There's a list of examples as to when things could be denied. One of the changes here is where the event poses an unreasonable burden on adjacent business owners or property owners through repetitive uses of the same site when other alternative sites are available. This is an example. You've got to be careful with special events ordinances just like noise ordinances because what you don't want to do is violate First Amendment rights. And so you want to put a reasonable framework into place that both protects an individual's right, freedom to speak, freedom to assemble, but also imposes reasonable time, place, and manner regulations on the exercise of those rights. Because while folks have those rights, they don't also have the right, for example, to just go out and block a street. and create a traffic hazard and a safety hazard. So we have a permitting scheme that is set up to help give advance notice. Fridays after five, which is probably the biggest event that we have currently in Athens is a great example. A Fridays after five event like that involves a lot of coordination. Coordination with the police department because you're gonna have a big crowd so the street has to be blocked and shut down. Coordination from a security perspective. special events ordinance governs relates to everything from an event like that to a much smaller event say of 10 or 15 or 20 persons the lighter events that don't have a big of a hazard or traffic impact the the ordinance only requires for those types of things just a reservation of the space so the space is not competing but when it begins to involve extreme amplified sound or when it begins to involve large crowds of folks or shutting down public ways, you have to get a permit. And so the language in here that we've had an ordinance on the books about that for a long time, the language in here just attempts to clean that up and address some of those things I just mentioned to you. Sorry for the long explanation, Madam President, but that is the focus of both of those two ordinances.

I don't apologize, it's a big issue for those in the downtown area, so we appreciate your taking the time to explain what's going on, particularly since it was an addition. Thank you. Okay, these three items will need introduction. Who would care to introduce item K? This will require suspension of rules. Who can do that for item K? James. Item L, the piece dealing with special events. Who would care to introduce it?

I will.

And it will also need suspension of rules. And then item M, which does deal with abandoning and vacating various easements and portions of easements at property near Brawley Boulevard and Audubon Lane. Who would like to take that? And who will suspend rules for item M? Thank you. Item M will be the last item of business for the meeting. At that time, we will have our general public comment. This is the time when people can speak on whatever matter they care to speak. The same rules apply. If you care to speak, if you would approach the podium, give your name and address for the record, And then limit your remarks to three minutes. At the end of three minutes, the buzzer will sound. Please finish your thought and sentence, and then take your seat. And then after that, we will adjourn the meeting. Does anyone have anything to add?

Well, Ms. Henry, while we have just a few minutes, why don't we get our attorney to address item M, which is an ordinance about vacating those easements. It again has to deal with the Hobby Lobby project, and we worked all of this out. It's been in the works for several months. It kind of came together late today. and I apologize for adding it to the agenda, but it's time sensitive, and so I want him to address it.

That's quite all right. Thank you. Please take that opportunity.

Okay.

So on this one, on the ordinance, if you would look at the very back page, which is attached, it's a map. of the property involved in the Hobby Lobby project and what you see there highlighted in yellow are some of the areas. Those relate to the easements or portions of the easements that this ordinance would vacate. What you need to know about that is the engineering department has looked at it and run it through their normal process, and those easements are not needed by the city, so it is not taking up any space that is necessary with respect to any of the city operations. Most of these relate to smaller lots, as you'll see, which when the development goes forward will be encompassed within the larger lot. So a lot of those easements on the perimeter of those smaller lots aren't going to be necessary. None of these vacation easements puts any city equipment or anything in jeopardy or leaves it hanging out there without an easement. Thanks.

Thank you. Anyone have any other questions? Thank you for that explanation. We do have a few minutes until 430 when our regular meeting will begin. At this time, we will consider ourselves in adjournment until 430. Thank you. And we are ready to begin our regular meeting of the Athens City Council. Today is June 22nd. This is a regular meeting, but the date last week had been changed. So it's a little odd to have meetings back to back. We appreciate your patience for that. And may we have a roll call to complete the call to order.

Sure. Mr. Creasy? Here. Mr. Lucas? Here. Mrs. Golden?

Here.

Mrs. Henry?

Here.

And Mr. Seibert is out tonight.

Thank you. As normal, we begin our meetings with both an invocation and the Pledge of Allegiance. Our invocation this evening will come from Councilman Creasy, and then Mayor Marks will lead us in the Pledge of Allegiance. Please stand as you are able for these observances.

Lord, thank you for giving us the opportunity and the health to be here today to conduct the city for the, excuse me, conduct the business for the city of Athens. Please look over us as we travel back home this evening and keep us all safe.

Amen.

Please join me in the pledge.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

To begin our business, I will entertain a motion to approve the City Council meeting minutes from June 15, as well as the work session meeting minutes of the same date. So moved. Is there a second? Second. Thank you. May we have a roll call, please?

Mrs. Golden? Yes. Mr. Creasy? Yes. Mr. Lucas? Yes. And Mrs. Henry?

Yes. Four yeas, zero nays. Thank you. There are no special city council minutes to be considered. We do not have any standing committees nor special committees for their reports, but we will move to our report of officers beginning with Mayor Marks.

yeah uh thank you miss henry just a couple of things if you hadn't had an opportunity if you got kids or grandkids please join the greatest show in town that's kitty carnival and uh the record crowds that they're having and keep in mind all the events around the 250 celebration that's on july 3rd and july 4th lots of great events planned and it's right here in front of us so help us celebrate the 250 years

Thank you very much. I see the attorney, Mr. Black. Do you have a report?

Yes, ma'am. Actually, I do this time. Mayor has asked me to give a report to y'all every now and then on the acquisition of the properties with respect to the Strain Road project. And so I thought I'd do that tonight and report every other time or something like that just on progression of the property acquisitions out there until... The city has all of them in hand. So at the last meeting, you may remember that y'all adopted a measure concerning a contract for the largest piece of property. That contract's been signed, set to close, I would expect, towards the end of July. There is a minor subdivision plat that has got to be approved by the Planning Commission with respect to that. And so Aaron Tidwell is handling that with respect to the Planning Commission. That'll be done at the July Planning Commission meeting. And then there'll be a close on that property, I would expect, again, by the end of July. The title work's done on all the properties. There's at least a couple out there where there needs to be acquisitions where there is a cloud on the title. In other words, there's a title issue with respect to who owns and doesn't own the property. So with respect to those two, I expect eminent domain or a condemnation action is just gonna be required in order for the city to get good title to the portion of the property that it needs. So that's the status where it is. As we go forward with the rest of that, I'll just give you all periodic updates on that. Okay.

Shane, is there any news on a lawsuit pertaining to the Strain Road project?

The latest thing that happened with respect to the Sharon Wilson City of Athens lawsuit, Strain Road, and several months ago, the federal court, you'll remember the city removed that lawsuit to the federal court. The federal judge in Huntsville dismissed four of the six counts in that complaint and dismissed those claims in favor of the city. It was then remanded to state court, and now it's in circuit court. The next hearing on the matter is set in September. The city has a pending motion to dismiss on it, and it's just back over there after that. other judgments or court-entered actions with respect to it. I think that there was some news report on WHNT, I think, channel 19 not long ago, but that's with respect to it. But it wasn't with respect to any court action that had been taken. It was just an update. But that's where it stands. So there was initial claims, all those federal claims, the federal judge threw them out. What is left are the state court claims that have been remanded back to state court where it remains pending. Thanks.

Okay, thank you. And now we'll hear from our council members. As was noted earlier, Mr. Seibert is traveling with his family. Do we have a report from Mr. Creasy?

Not this time.

Mr. Lucas.

A couple of things.

On the Bunny Dune, the old burn building, I drove through that the other day and saw that they were tore down and I was glad to see that.

Other thing is the grass on 72 as you turn into Creekside Apartments. And I know it may be state property, but it's real dangerous there. It's up above 306 BBQ on that hill up there as you turn left to go into those Creekside Apartments. The grass is in the medium, is real high, and the traffic be coming over.

going headed west at a high speed and it's very very dangerous if we could look into getting something done about that mr lucas thank you as you know that state highway but they'll they'll expect us to maintain so if a dolphin crew and i'll send a note maybe we can put it on our work list because it is a dangerous turn in there thank you okay mrs golden nothing

Okay. Just to add to what Mr. Lucas brought to our attention is grass growth. We have had a great deal of rain and then we've had a lot of wet periods where I'm getting a lot of complaints in my district about high grass. I don't know if y'all had the same thing. I said we need to encourage people to take better care of their lots as the the witness both falling and on the ground, uh, allow them to do so. I know that, um, I've had a couple of conversations with the police department about some properties that have gotten very much out of hand. Appreciate the help on that. And, uh, as if we can try to encourage each other to do a little better with our maintenance and perhaps using an opportunity to find out if there's somebody that needs a little help in getting their lawn maintained. It might be a great way to show a little grace and kindness to your neighbors. Going on to our actionable items, beginning with a public hearing. We have public hearing one, which is related to an ordinance to rezone plus or minus 14.2 acres located directly east of Teresa Private Drive and directly north of West Hobb Street. This is for a proposed habitat for humanity development. They seek to have this moved from R12 medium density single family residential district to R14 single family duplex attached residential district within the corporate limits of the city of Athens. At this time, I declare this public meeting open. Do you have anything to say either for or against this item, please do so at this time. Give your name and address and again, three minutes. Thank you.

Just to recap, this petition was made to the Planning Commission. Planning Commission has sent a recommendation to rezone the property and staff also supports this request simply because the It will be a single-family detached development, which is what the adjacent communities around this will be. And the rear setbacks for that R14 district are actually more restrictive than the rear setbacks in the R12 district. I've included that zoning comparison up there. So it's a 35-foot rear setback instead of a 30. So the houses will be further off of the property lines than what they would otherwise be. And this is actually less dense than an R13 district. single-family, high-density residential.

Erin, would you mind addressing the interest, the ingress-egress, because Teresa Lane is a private drive?

Correct. So that being the case, they would not access this off of Teresa private drive. There's currently a layout on this property as an R1-2. And it was approved off of Hobbs Street.

I want to emphasize that and thank you for addressing it because it's been brought to my attention for me and Dana to address that because it is a private drive. So thank you.

You're welcome. Yeah, there will be no access onto Teresa private drive. And that will come up at the layout phase of development. So thank you.

Would anyone else care to weigh in on this public hearing? Seeing no one come forward, I will declare the public hearing closed. Item 11A speaks to the public hearing. Mrs. Golden.

An ordinance to rezone plus or minus 14.2 acres habitat for humanity of the River Valley The property located directly east of Teresa Private Drive and directly north of West Hobbs Street. Whereas the Planning Commission of the City of Athens, Alabama has made a recommendation to the City Council of the City of Athens, Alabama that herein after described area should be zoned R12 medium density single family residential district to R14. single family duplex attached residential district. The City Council of the City of Athens, Alabama finds the zoning ordinance of the City of Athens should be amended. So as to zone, the here and after described area as R14, single family duplex attached residential.

Is there a motion to suspend rules?

A motion to suspend the rules.

Second.

May we have roll call on the roll suspension, please?

Mr. Creasy? Yes. Mr. Lucas? Yes. Mrs. Golden? Yes. Mrs. Henry? Yes. Four yeas, zero nays.

Is there a second for Mrs. Golden's ordinance? Second. Thank you. May we have roll call on the ordinance, please?

Mrs. Golden? Yes. Mr. Creasy? Yes. Mr. Lucas? Yes. And Mrs. Henry? Yes. Four yeas, zero nays.

Thank you. Next is our first public remarks regarding agenda items. As was covered during the work session, this is your opportunity to speak to those items that are specifically mentioned in this evening's agenda. This is your chance to add comments on those items about which we are about to make decisions. If you care to speak to anything, please approach the podium, give your name and address, and please limit your comments to three minutes. three minutes. At the end of that three minutes, the buzzer will sound. We ask that you wrap up your sentence and thoughts and then please take your seat. At this time, we'll entertain any remarks regarding agenda items.

Amanda Schulte, 1036 West Washington Street. Just a couple things. So on the resolution concerning economic development for the projects related to small businesses, I think it's item D. I know that those were listed in the paper, but for things like that, it would have just been easier if we could have just included that on the agenda. So for whoever does the agenda, and I know that's been asked a bunch to just kind of beef it up a little bit. And then also on item I, I think that during the business meeting, Mr. Bradford may have stepped out, but resolution approving revisions to the engineering services through Morrell Engineering for Sunrise Park. What is that for and how much are we approving?

It's for phase two of Sunrise Park. It's the development of that park and it's up to...

The parking, is that what you said?

Yes, the pavers, the street stub into it, moving toward the additional plan, moving all the way to the loop back there for the possibility of a dog park and pavilion.

Okay.

Phase two. It's not listed. They'll bring it back to us.

Okay, so this is just to approve the revision, so for the amount, they'll come back?

This is a pre-engineered plan.

Okay, so we don't have an amount that we're approving for the pre-engineering plans?

We don't.

OK. And this was because it's for the revision. So is it changes because we're making new plans or?

Not changing. We adopted the funding for phase one. This is moving toward phase two.

OK. I just read it as a revision, which would have been a change. So OK, thank you for clarifying.

Anyone else want to speak to an agenda item this evening? I don't see anyone coming forward, so we will proceed on to our resolutions, ordinances, orders, and other business. Beginning with item A, Mr. Lucas.

Be it resolved by the City Council of the City of Athens, Alabama, to approve the purchase of one crew cab flatbed truck from Aldot Equipment Bureau, at a cost not to exceed $35,000 to be funded from the Parks and Recreation Department Existing Capital Expenditure Fund.

Is there a second on the resolution? Second. We have roll call, please. Okay.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Creasy? Yes. And Mrs. Henry? Yes. Four yays, zero nays.

Item B, Mr. Creasy.

Be it resolved by the City Council of the City of Athens, Alabama to approve the following travel education expense for Chris Seibert for the ANGA conference for $1,384.55. Second. Second.

Okay, Mrs. Golden has made a second. May we have a roll call, please?

Mr. Creasy? Yes. Mrs. Golden? Yes. Mr. Lucas? Yes. Mrs. Henry? Yes. Four yays, zero nays.

Item C, Mrs. Golden.

Resolution approving the reimbursement to Councilman James Lucas in the amount of $1,084.52 for the attendance at the Alabama National Gas Association Conference.

Do you have a second? Second. OK. May we have a roll call, please?

Mrs. Golden? Yes. Mr. Creasy?

Yes.

Mr. Lucas and Mrs. Henry. Yes. Three yeas and one abstention.

Thank you. Item D, Mr. Lucas.

The resolution concerning an economic development project relating to small business in downtown Athens. Whereas on November 24, 2025, the Athens City Council approved a contract with Athens Main Street whereby Athens-Main Street would administer a grant program benefiting downtown Athens, whereas the City Council provided $100,000 in such funding and directed Athens-Main Street to report any grant recipients to the Council for the Council review and ratification prior to the release of any funds, whereas Athens-Main Street awarded grants to five subjects projects as a part of this economic development project, which will result in the new physical improvement and investment in downtown Athens, whereas the City Council believes that this project will serve a valuable public purpose. Therefore, be it resolved that the City of Athens does hereby ratify and approve the following grant Broken Brush Art Studio, $7,000. Wayne Cook and Doll. Highline House, $7,000. Irons and Ales, $13,000. Shop at Cotton Alley, $10,000. Southern Table, $14,000.

Is there a second to Mr. Lucas' resolution? And we have roll call, please.

Mr. Lucas. Yes. Mr. Creasy. Yes. Mrs. Golden. Yes. Mrs. Henry.

Yes. Aurier-Zerones. Item A, Mrs. Golden.

A resolution recognizing internal transfer of certain real property located on South Jefferson Street from Athens Utilities to the City of Athens General Fund. Whereas in 2023, the city acquired certain real property and improvements located on South Jefferson Street in connection with Athens Utilities. Whereas the city originally considered constructing the Athens Customer Accounts Payment Center on the property, but decided to leave the center in its current location on Green Street. As such, the City Council wishes to recognize the internal transfer of the property from Athens Utilities to the City's Capital Projects Fund, whereas the City's Capital Projects Fund shall transfer $421,368.89 to Athens Utilities in recognition of this internal transfer. Therefore, be it resolved by the City Council of the City of Athens, Alabama, the property will be henceforth held, operated, and managed by the City of Athens General Fund.

Second.

This will... No, I'm sorry, item A does not. Is there a second on the resolution, Mr. Lucas? Second. Thank you. And may we have a roll call?

Mrs. Golden? Yes. Mr. Lucas? Yes. Mr. Creasy? Yes. Mrs. Henry? Yes. Four yays, zero nays.

Thank you. Item F, also Mrs. Golden.

An ordinance regarding the sale of real property located on South Jefferson Street, whereas the City of Athens on certain real property situated along South Jefferson Street, whereas the City desires to sell on terms approved by the Athens City Council the property to the Limestone County Commission so that it can use the property to construct an animal shelter. Therefore, be it ordained by the City Council of the City of Athens, Alabama, that the mayor on behalf of the City of Athens is authorized to enter into a contract to sell property to the Limestone County Commission upon the following terms. Purchase price of $355,000. The buyer shall construct a roadway to the city specifications extending from Jefferson Street to Monroe Street along the northern boundary of the property and tract one of the Jefferson Monroe subdivision and then dedicate the roadway to the city once the construction of the roadway has been complete.

May we suspend the rule? Second.

Thank you. May we have a roll call on the rule suspension?

Mr. Creasy? Yes. Mr. Lucas? Yes. Mrs. Golden? Yes. Mrs. Henry?

Yes.

Boreas y Roneas?

Is there a second on Mrs. Golden's ordinance?

Second.

Thank you. May we have a roll call on that, please?

Mrs. Golden? Yes. Mr. Creasy? Yes. Mr. Lucas? Yes. Mrs. Henry?

Yes. Four yays, zero nays. And moving on to item G, Mr. Lucas.

Resolution authorizing a revocable license to erect a shopping center sign on the medium on Raleigh Boulevard. Whereas NRE's Juan Creek LLC is in the process of developing and construction a retail shopping center to include stores such as Hobby Lobby and others. Whereas the city has concluded that in light of the expected traffic related to such development, it would serve the public interest of traffic safety for NRE to construct its shopping center sign relating to the development on the existing raised medium dividing the northbound and the southbound lanes of Brawley Boulevard. It is resolved that Mayor Harford, and on behalf of the city, is authorized to enter into a license agreement with NRE permitting NRE to license the strip from the city for the purpose of constructing and maintaining a shopping philosophy.

Is there a second on item G from Mr. Lucas? Second. OK, well, we have roll call vote on that, please.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Creasy? Yes. Mrs. Henry?

Yes.

Four yeas, zero nays.

Item H, Mr. Creasy.

It resolved by the City Council of the City of Athens, Alabama to approve the fiscal year 2027 electric department budget and spread the same on the minutes.

Before we take a vote, I just want to thank the electric department staff. for providing such a great meeting the other day, explaining your needs, projection growth for the foreseeable future, and some really good news for us as far as the fiscal soundness of your department. I really do appreciate that. May we have a roll call vote, please?

Mr. Creasy?

Yes.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mrs. Henry?

Yes. Item I, Mr. Lucas.

Be it resolved by the City Council of the City of Athens, Alabama to approve revisions to engineering service through Monroe Rail Engineering for Sunrise Park Phase 2 to include the installation of pavers, a street stub, additional parking, and to develop irrigation design and photometric plans for parking lots and loop roll that will be funded from the 2024 Goal 1 plan.

Do I have a motion to suspend the rules? Move to suspend. Is there a second?

Second.

And we have a roll call on that, please.

Mrs. Golden? Yes. Mr. Creasy?

Yes.

Mr. Lucas? Yes. Mrs. Henry?

Yes.

Four yays, zero nays.

Is there a second on Mr. Lucas's resolution? Second. Thank you. Emma, we have a roll call vote on that, please.

Mr. Lucas? Yes. Mr. Creasy? Yes. Mrs. Golden? Yes. Mrs. Henry? Yes. Four yays, zero nays.

Ms. Henry, there was a question earlier about that estimated amount and it's got a notice that's potentially up to about 30,000 for that phase two.

Thank you for that update, Mayor Marks. And may we move on to item J? Mr. Creasy.

Whereas AMRV, RCND, Alabama Mountains, Rivers, and Valley Resources Conservation and Development is accepting grant proposals for the various projects, including recreation. And whereas Athens Park and Recreation needs to replace a worn-out field machine in order to meet increased demand for ball field use. And whereas there are approximately 1,500 children involved in the Rec League baseball, softball, 500 adults, the softball league, and 198 travel teams participating in tournaments this year. Therefore, be it resolved that the mayor's office is authorized to apply for an AMRV RC&D grant for the purchase price estimating $30,000, and if the grant is awarded but the grant amount is less than the purchase price, Park and Rec will cover the difference from the capital fund.

Second.

Thank you. And before we take a vote on that that third paragraph there are approximately 1,500 kids playing ball in our rec leagues 500 adults playing ball in our rec league and approximately 198 travel teams come to Athens every year. That is a huge undertaking by that department. So thank you very much for your facilitation of that. It's a huge impact on the citizens as well as businesses for those travel teams. So thank you very much for facilitating that. I think those numbers need to be known by everyone to know exactly what it is they're doing up there. May we have a vote, please?

Mr. Creasy?

Yes.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mrs. Henry?

Yes.

Four yays, zero nays.

For those of you who were not at the work session earlier, we did approve three additional pieces of business this evening. Number one is item K, which will be introduced by Mr. Creasy.

An ordinance amending the noise ordinance, whereas this ordinance is intended to establish fair standards that will eliminate and reduce unnecessary and excessive noises which are physically harmful and otherwise detrimental to the individuals and the community in the enjoyment of life, property, and conduct of their affairs. whereas nothing in the ordinance is intended to deter individuals from lawfully exercising the individual rights of freedom of speech, whereas the ordinance is enacted to protect, preserve, and promote the health, safety, welfare, and peace and quiet of the citizens of the City of Athens through the reduction, control, and prevention of excess, unreasonable, loud, and raucous sounds or noises. Therefore, be it ordained by the City Council of the City of Athens Under Section 46-5 of the Code of Ordinance of the City of Athens is hereby amended and restated in its entirety as set forth herein. Move to suspend the rule.

Second. We have our call. Please on the roll, suspension.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Creasy? Yes. Mrs. Henry? Yes. Four yays, zero nays.

Okay, we have a second by Mrs. Golden for item K. And may we have a roll call for that, please?

Mr. Creasy? Yes. Mrs. Golden? Yes. Mr. Lucas? Yes. Mrs. Henry?

Yes.

Four yays, zero nays.

Thank you. Moving on to item L, which will be introduced by Mr. Lucas.

An ordinance amending the special event ordinance, where this ordinance amends and updates the city's existing special event ordinance. found at Chapter 54, Article 2 of the City Code. Among other things, define amplified sound and establish rules related to its use in connection with special events. B, clarify that the ordinance does not apply to governmental operations. C, clarify the rule for when a special event permit is is and is not required. Indeed, clarify the criteria for when a special event permit can be denied, such as where an event poses an unreasonable burden on business property owners adjacent to the event through repetitive uses when alternative sites are available. Therefore, be it ordained.

Actually, we need rule suspension, please. Move to suspend. Is there a second on Mrs. Golden's suspension of rules? Second. Thank you. And we have roll call on that.

Mrs. Golden? Yes. Mr. Creasy? Yes. Mr. Lucas? Yes. Mrs. Henry? Yes. Four yays, zero nays.

OK, Mrs. Golden has offered a second on the item. And may we have a roll call vote on that, please?

Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Creasy? Yes. Mrs. Henry?

Yes.

Boreas, zero nays.

Item M, which will be introduced by Mr. Creasy, please.

Ordinance abandoning and vacating various easements and portions of the easements at property near Brawley Boulevard and Audubon Lane. Whereas Johnson and Shaw LLC, John W. Johnson and EBA Shaw are the current owners of the property located on Brawley Boulevard and Audubon Lane. There are multiple easements on the property, including utility drainage easements and sewer easements. Upon the request of the current owners, the City Council of the City of Athens desire to abandon and vacate the following portions of certain easements lying on the property. The City has examined the same and find that such portions of these easements are no longer needed for public or municipal purposes. Therefore, be it ordained by the City Council of Athens City expresses its intention to abandon, vacate the easements and portions of the following easements described below. Do I need to read that?

No, that's not necessary. Move to suspend. Is there a second on rule suspension? Second. And we have a roll call vote on that, please.

Mrs. Golden? Yes. Mr. Lucas? Yes. Mr. Creasy? Yes. Mrs. Henry?

Yes.

Four yays, zero nays.

Mrs. Golden has offered a second on the item, so may we have a roll call on that, please?

Mr. Creasy?

Yes.

Mrs. Golden? Yes. Mr. Lucas? Yes. And Mrs. Henry? Yes. Four yays, zero nays.

Thank you. With that, we have come to an end of our business items. This is the time for general public comment on any matter pertinent to city business. This is your opportunity to speak on any subject you may so desire.