City Council - workshop

We've got a fairly long agenda, so we'll try and get through it. Annette, you want to call us, call our roll?

Sure. Mr. Creasy?

Here.

Mr. Lucas?

Here.

Mrs. Henry? Here. Mrs. Golden? Here. And Mr. Seibert?

Here.

All five present.

Okay, first item tonight is we have a public hearing related to the request of Friendship Church. to rezone plus or minus 8.12 acres of property located at 13980 Cambridge Lane from estate, residential, and agricultural to institutional district. We're going to do a public hearing on that, and then we have an ordinance. So we can just wait until then since we're going to do that. You're going to speak at the public hearing? Okay. Does anybody have any questions on that one? Okay. Who will do that ordinance? And then we need to do a rolls suspension. Okay. Then we have a public hearing related to the request of Heath Bollier to annex plus or minus 4.66 acres of property located directly west of Edgewood Road and approximately 2300 south of Sewell Road in the city limits and zone the property R11. We'll have an ordinance to follow that as well. Who will take that ordinance? And then we'll need to do a rule suspension. The final public hearing tonight will be an appeal of an alcoholic beverage determination. The resolution will be related to that as well. Again, we have a public hearing on that, so does anyone have any questions on that one? Okay, who will take that resolution? Okay, next we have the consent calendar. On the consent calendar, we have a resolution approving travel education expenses in the total amount of $167.30 for personnel of the fire department. Item B is a resolution approving the purchase of one 2026 Ford F-150 super cab, four by four pickup from Stivers Ford Lincoln Company through state contract T-191 at a cost not to exceed $44,645. to be funded from the Sanitation Department's existing capital account Item C is a resolution to declare two 2012 Dodge Chargers, one 2010 Dodge Charger, and one 2016 Dodge Charger as surplus property of the police department sold at public auction. Item D is a resolution to declare 38 seats from the 2025-2026 police department vehicles as surplus property of the police department sold at public auction. Item E is a resolution to approve a restaurant retail liquor alcohol license for the Olive Garden Holdings LLC located at 16206 Athens Limestone Boulevard, Athens, Alabama. Item F is a resolution approving the purchase of two chairs, two workstation stools, one wall-mounted literature rack from A to Z Office Resources through HUN at a cost not to exceed $4,000, to be funded from the building department's existing capital account. Item G, a resolution approving the purchase of one extraction tool from Williams Fire Apparatus at a cost of $16,500 to be funded from the fire department's existing capital account. Item H is a resolution approving the purchase of rescue rope and accessories from North Alabama Fire Equipment at a cost of $8,500 to be funded from the fire department's existing capital account. Item I is a resolution approving the purchase of a Polaris Ranger from Shoals Outdoor Sports, Florence, Alabama, at a cost of $28,004.63 to be funded from the Electric Department's FY2027 capital expense budget. Item J is a resolution approving the purchase of a 20-foot utility trailer from Big Tex Trailer World in Pelham at a cost of $4,473.50 to be funded from the electric department's FY2027 capital expense budget. Item K is a resolution approving the purchase of a 7,000 GVWR83 by 26 foot tandem axle tube rail with 30 foot size with lift assist lawn gate utility trailer from Lone Wolf Trailer Company. at a cost not to exceed $4,030 to be funded from Sanitation Department's existing operational capital. Item L is a resolution approving the purchase of the same type tandem tube trailer with lift assist, extra upright setback jack dovetail trailer from Lone Wolf Trailer Company at a cost not to exceed $3,255 to be funded from the sanitation department's existing operational capital. And then finally, item M is a resolution approving the purchase of a third eye camera system for 2021 Kenworth T370 trash truck from Ingram Equipment through Sourcewell at a cost not to exceed $9,048.38 to be funded from the sanitation department's operational capital. So that's a heavy consent calendar, I know. Any questions though on any, from anybody up here on the council? Okay. Okay, and then items on our regular calendar. Item N is a resolution adopting the transportation plan pursuant to the Rebuild Act, Act number 2019-2, estimating that the anticipated allocation for the 2026-27 fiscal year will be approximately $300,000 and expending funds received pursuant to the Act in part or in whole to fund any of the following projects, Autobahn Lane Extension, resurfacing High Street from Alabama 99, Elm Street to US 72, and Sanders Court asphalt overlay. Any questions on those for Stacy?

Okay.

You'll take that, Mr. Lakeland. Do we need to do rules?

On that?

Yes, sir. Okay.

Item O is an ordinance exempting certain covered items from the municipal sales tax and use tax during the last weekend of February 2027 as authorized by Act 2012-256, generally referred to as the state's severe weather preparedness sales tax holiday legislation. Any questions on that one? Typically do this every year. And then we'll need a rules. That's an ordinance. Item P is a resolution authorizing the Water Services Director to enter into an agreement with the United States Geological Survey for maintenance and monitoring of the Swan Creek Stream gauging station for a period of 12 months at a cost of $17,100 to be funded from the Water Services Department fiscal year 2026-27 budget. Questions on that one? And we need rules on that one as well?

We've not adopted the budget yet, so I would suspend the rules.

Okay.

Item Q is a resolution approving the purchase of security fencing for the Belmont substation from Athens Fence Company at a total cost of $62,265.76. to be funded from the City of Athens 2022 Warrant Fund. Questions on that one? Okay, who will take that? Same thing there?

Yes, sir. Who will do the rules?

And then finally, we have a resolution authorizing the mayor to approve change orders totaling $8,710.15 for improvements at Sunrise Park, including bathroom privacy partitions by EMW Construction and sod for erosion control by Hennessy Construction, with costs and expenses to be paid from the proceeds of the 2024 general obligation warrants.

Just real quickly, Bert and I and several people just walked through there and we just thought there was a little bit of question about whether there was enough privacy for the children. It wasn't bid properly. We're going to go back and make sure that the privacy is there when any kids or anybody else is around the bathroom facility or anywhere. And we're just erring on the side of caution to make sure that we got things kind of covered and secure. Okay.

Any questions on that one, guys? And rules? Okay, who would do the rules? Okay. Councilwoman Golden and Councilwoman Healy. Is there anything to add? Anybody have anything to add? Mayor Chang? Okay. Council?

We'll have a need for an executive session. Ms. Seibert, just a brief one after one of the public hearings.

We need to do it during the meeting, correct? We can't do it now. Okay. Okay. Well, we've got a 20-minute recess, so we will reconvene at 4.30. Thanks, guys. If you wouldn't mind calling us to roll. Sure.

Mr. Creasy?

Here.

Mr. Lucas? Here. Mrs. Henry? Here. Mrs. Golden? Here. And Mr. Seifer?

Here.

All five present.

If you'll stand and join us for the invocation and Mayor Marks will offer our pledge. If everybody would please bow. Dear Heavenly Father, we thank you for this day. We thank you for the many blessings you've given us. We ask that you be with us tonight as always as we consider matters that are pertinent we know to our constituents and to our city. We ask that you be with both students and teachers as they've just started back school and be with the athletes who are out in this weather in the coming weeks. Make sure that they remain healthy and please Have your watchful hand on them. Lord, just be with those who are less fortunate than the sick and the elderly here in our community. And Lord, again, give us courage and strength to make decisions that are in the best interest of all parties. We ask these things in your name. Amen.

Please join me with a prayer. I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

and invisible, with liberty and justice for all.

Okay, if we could have a motion to approve our city council and work session minutes from the last meeting. Second by Councilman Lucas, we get a roll call on that please.

Mr. Creasy.

Yes.

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

Yes.

Five yays, zero nays.

We don't have any special city council minutes nor standing or special committees, so we'll move to our report of officers. Mayor Marks?

Yeah, thank you, Mrs. Albert, and City Council. I know there seems to be at least some issues that's been brought up from time to time about the North Alabama Public Energy District that has been out in the news. And you and I had talked about it briefly and several others, and we've been to several meetings about it. We got Joe Geddes from Huntsville here tonight with Braxton Gwynn. Braxton, as you know, is on the board. It's been formed as a board. Just to give you a short recap, in July of 25, this city council made a decision to follow along and create our portion of the North Alabama Public Energy District. and then in january 2026 as we looked at the feasibility study and i want to just say nothing has been approved but a feasibility to see that what 317 miles of potential gas line across north alabama is that right braxton and Yes, okay. And I just thought it'd be a good time to keep that in front of the city council, to keep accurate information in front of them. I know we've been contacted with several farmers and others. Joe and his group are out there ready to answer any question. They have a website. They are available to take any kind of questions. This is so early on, again, it's feasibility. And if you'd honor them, Mrs. Albert, I'd like for Joe and Braxton to kind of kick off and just give a rundown of where we are. It's no different information than what we've already shared, but I think it's important that we keep it in front of us. Thanks.

Thank you, Mayor, Council. Thanks, Holly, for getting the slides up. Just for time sake, I'm just going to read. We've got a presentation here. Just to update on the project, area description there. For the purposes of the preliminary study, a 200 foot wide study area is being evaluated. That corridor was chosen to allow us, in cooperation with the landowner, to have some flexibility in the design to shift the center line to avoid or minimize impacts. So the permanent easement description, the pipeline would require a 50-foot permanent easement, and that easement would only be used for the operation and maintenance of the pipeline. The location of the varied pipeline will be marked with signs placed at strategic locations, fence lines, property lines, road closings along the easement. And the pipeline is currently in the location alignment evaluation phase. A project website was developed. It is being maintained and monitored. The website is regularly updated to include new information regarding the status of the project or public notices. Do you mind going back, Holly? And just how to get involved in the project, or if you're anybody with a lot more information, there's a survey on the website. And that's napublicenergy.org. And we're going to have, in the planning stage, public involvement meetings. And information about that will be on the website. And also, you can contact directly there on the website as well. And this is just a timeline, kind of where we are and where we're going. Again, as the mayor said, we just completed the feed study and the very preliminary stages of the project. We've just sent out property owner notifications within the last few weeks. And then, like I said, we're going to schedule those public involvement meetings. And anybody's welcome to come to them, ask questions about the project, and that kind of thing. And then the next phase after that will be, as you can see, 2026 through 2029 is kind of the preliminary environmental part of it. Construction wouldn't even happen if we find out that it's even feasible to do until 2030, 2031. And that's kind of what the request is to the landowners right now, is just asking their permission to be on their property to do these preliminary surveys. Do you all have any questions?

Braxton, I think either you or Joe, you know, mainly just kind of say, how did we get in this? I mean, why are we looking at this issue? And right now, it's my understanding, Joe, Braxton, you all correct me, there's about four, natural gas pipelines that we pulled gas from i know that right now scottsboro is the most critical area all the way down to even in a very critical situation of not having the capacity and if we go from lauderdale county to scottsboro it'll give us the best pricing opportunity for our citizens to do planning instead of relying on another public entity because right now we pull from what southern and Tennessee, Columbia, Old Black Bear, Black Bear. That's right. And that's the four gas lines that run through here. And they can, we're looking at trying to plan for the future for the best cost-effective energy that we can. But, you know, is that... I thought it would be interesting to just kind of tell, why did we get into this? I mean, because there's all kind of rumors thinking that, oh, somebody's trying to take over land. Nobody's trying to take over land. We're trying to plan for the future. And it's, again, in a feasibility study. So I thought maybe you could explain in a real layman's term, why are we even looking at this?

Yes, sir. serve the area that we tap from to supply gas around the city and county. Those are at full capacity, so there's no more capacity on those pipelines. So looking out ahead four or five years, we're like, we've got to do something to make sure we can continue to grow and supply natural gas. That's when we started looking at this. You're right, Scottsboro's on the end of the line. Actually, they don't have a transmission pipeline server in their area. They pull from Huntsville.

Oh, they do? Okay. I wasn't aware of that.

They currently have to curtail certain customers. On a real, real cold winter day, they're having to turn off some industries and send people home and that kind of thing. We're not there yet in Athens, but we're trying to avoid that.

I guess to assure our people, our capacity is okay at this time.

Currently. But if you look out four or five years, that's when this project will come into play.

Joe, you may want to.

No, sir. Thank you. Joe Gerdes, Hudson Utilities. Everything you have said, it's a growth-driven concern, and all the pipes that serve us cross the river. That has a lot to do with the path that we're looking at. Keeping from having to cross the Tennessee River reduces the cost of build. And even to expand the capacity of the pipelines that currently serve us is a very expensive endeavor. That's what started the conversation of, well, could we do this for ourselves? And here we are. So we're investigating that possibility, and we're feeling pretty good about it. Yeah.

And Joe, I thought that you did a very good job with Channel 54 News, so thank you for that.

I think that's probably the first of many explanations we'll be giving.

Okay. But I was just hoping, and we can give updates, as Braxton and the team thinks, because they're doing surveys then to go get public input. And again, there's a website there if anybody wants to call or has questions, or if there's farmers or landowners that anything touches there, go ahead and call. Reach out to folks and see, because, right? Would you encourage that, Joe?

Absolutely.

Okay.

Okay. Y'all have any questions? I think, yeah, it's just as these notifications have gone out is what's kind of got it on the front page. And that's the proper process. We start the negotiations, the talks with them on a preliminary route. And so these things take five years, as it shows, to get built. So you got to plan way ahead. Yes, sir.

And we started talking two years ago, I think. That's right. Yeah. It just takes a while.

Okay. We appreciate the real story. Thank you. Thanks.

Yeah, thanks, guys. And, Mr. Seibert, I don't have anything else at this time. Thank you. Okay.

City Attorney Shane?

Nothing from me, Mr. President. Mr. Lucas?

Just one thing. I'd like to thank the mayor for following through on Highway 72 out there where you turn into Swan Creek Apartments. It's so dangerous when that grass and weed grow up like that, but they got it cut today, and it's looking good, and people told me to thank you all for it.

Well, thank you, Mr. Lucas. You know that's DOT right away, but I know they're not going to get mowers up here, and it's a dangerous area. And a shout-out to Stacy and Dolph and her crew, so thank you.

Thank you.

Gracie? You know, all is right with the world today because football season has started back. And we won. We had two teams in the city limits of Athens. The Golden Eagles won Friday night. I guess a really tough opponent that had, you know, Coach Drew Phillips had coached here before. So it was, you know, it was a pretty heated match. And we came out on top. And then Lindsey Lane won their first varsity football game. So I think, you know, that's something we can all be proud of.

Ms. Henry?

Yes. Did Beth Clem already leave? I thought I saw her. I will contact her to tell her what I'm going to say. But over the course of the past several days, I've actually had three different individuals slash families contact me. Two are new to Athens. One is a first time homeowner and all three had wonderful things to say about the service that they received through our customer services department of setting up their utilities and, you know, The other two couples that are newcomers to Athens had lived many, many places before and just had really great things to say about the department and how easy it was. So thanks to everyone who has a hand in that and I will contact Beth to let her know that as well. Thank you.

I'd just like to wish our city attorney a happy birthday. Thank you for all you do for us, Shane. We appreciate you.

I'm not going to lead a song, Shane.

They do that sometimes.

But yeah, happy birthday. And congratulations to our teams. We're excited about that. OK. I don't have anything else. We will start with our public hearings. Our first one is a public hearing related to the request of Friendship Church to rezone plus or minus 8.12 acres of property located at 13980 Cambridge Lane from a state residential and agricultural to institutional district. So we will open the public hearing. Ms. Tidwell.

all right so this property is where cambridge church currently resides today on cambridge lane it's 8.12 acres the use will not be changing i believe friendship church has plans to expand their campus so what this zoning will do or rezoning will take the current use and just bring it into alignment with with the zoning for institutional district. Planning Commission reviewed this, they send this with a recommendation to approve, and staff has no issues with this rezoning request either.

Any questions? Thank you. Anybody else? Okay. We will close that public hearing. We have an ordinance associated with that. Ms. Golden?

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 the here and after described area should be zoned from a state residential and agricultural district to institutional district. And the City Council of the City of Athens, Alabama finds the zoning ordinance of the City of Athens, Alabama should be amended so as to zone here and after described area as institutional.

Move to suspend the rule.

Seconded by Councilwoman Henry. Can we get a roll call on the rules, please?

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

Yes.

Five yays, zero nays.

Can we get a second on the ordinance, please? Second by Councilman Creasy. Any questions on this one? Okay. We get a roll call on that, please.

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

Yes.

Five yays, zero nays.

Our second public hearing is related to the request of Heath Boyer to annex plus or minus 4.66 acres of property located directly west of Edgewood Road and approximately 2300 south of Sewell Road into the city limits and zone the property R11. We'll open the public hearing.

This property, it touches the city limits to the west. It's kind of to the northernmost portions of our city limits. It's currently undeveloped. It's our understanding that the property owner would just like to develop a single home. R11 is an appropriate district for that, which is a single family, low density residential district. So we have no issues with this rezoning request.

Okay. Anybody else? Okay. We'll close this public hearing. Councilman Creasy.

Whereas the Planning Commission of the City of Athens, Alabama reviewed this request and did recommend that the City Council approve the annexation and the zoning of here and after, described area as R11 low density single family residential district and whereas the ordinance if adopted would annex the property and zone it R11 low density single family residential district.

No, this is banned.

Second.

Seconded by Councilman Lucas on the rules. Can we get a roll call on the rules, please?

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

So can we get a second on the ordinance?

Second.

Second by Councilwoman Golden. Any questions on this one? Okay. Can we get a roll call on that, please, now?

Mr. Creasy?

Yes.

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

Yes.

Five yays, zero nays.

Okay, and our third public hearing is concerning the appeal of an alcohol beverage determination. So I'll open that public hearing. Shane Gunsthorpe.

Yes, sir. Absolutely. All right. So what this is is something that we don't often see but is always possible. This is an appeal of an alcohol license determination. A business owner recently applied for an alcohol license for a convenience store. The city denied the application because of the proximity to a church. The applicant has appealed that decision to the city council, and the appeal appears on tonight's agenda pursuant to the ordinance that did that. The business is Jay Gardy, Inc., and the convenience store is located at 22728 Pepper Road next to the Pepper Road Church of Christ. The store is located 175 feet from the church building. The convenience store and the property were recently annexed into the city. The matter being appealed before the council has to be taken before you at a public hearing. So the procedure for that is that Aaron will have an opportunity to come up on behalf of the planning commission. And then the folks doing the appeal would have the opportunity to do it. And then you as the city council would decide the appeal before you decide the appeal. And once you have heard from them, as well as anyone else in the audience that might have any comment on the matter, then the council would be sitting in a quasi-judicial capacity, which means you could go into a brief executive session to discuss the matter before you come out here and then you vote on the appeal.

Okay.

Any questions for me? Then, Mr. Seibert, at this time, it would be appropriate for you to call on Ms. Tidwell to come address you and then followed by the business doing the appeal.

Thank you. All right. So the first thing, I guess, just to talk through is what our office does when we receive an alcohol application. When we receive an application, we're gonna take that and we're gonna compare it to the alcohol ordinance that we have adopted, and we're gonna review a few things. One, what zoning district is it in? The zoning district is gonna tell us the distance requirements. We're also gonna look at what product they're looking at selling, whether it's beer and wine, whether it's liquor. Those are gonna have different distance requirements. So in this case, we're looking at 22728 Pepper Road, and they did submit an application to sell beer and wine for off-premises. There we go. That application was submitted on August 5th, and when we receive that, we're gonna review that, like I said, for the pertinent alcohol beverage ordinance sections. The conflicts we saw with this application dealt with 634E, distance limitations for alcohol sales. That section specifically states that no facility or property shall be authorized for on-premise sales or off-premise sale of alcoholic beverages where the facility or property is less than 250 feet from any church building. And then we also have a section that tells us specifically how we are to measure that distance. There's not really any ambiguity with this. We're supposed to look at when measuring from a church building, the closest exterior wall of the church building shall constitute the beginning point of measurement. And then measuring from the facility or the property that's wanting to be licensed. We're looking at the closest point on the exterior wall of the building occupied by the person seeking to sell alcoholic beverages. And then the method of measurement is a straight line from the aforementioned defined points. So we received that. We reviewed it. We provided that result letter back to them on August 6th, the day after. All right. So the way we look at this is we're able to put that location into, um, it's called GIS. It's a program we use, and we've run a 250 foot buffer around the structure itself. And that's going to give us a good idea of any conflict points. And in this case, that 250 foot buffer is run smack dab at the middle of pepper road church grass. Um, pepper road church of Christ is in the county, but there is no. differentiation between a church in the county, a school in the county, a daycare in the county, versus one of the city limits when it comes to how our ordinance is currently written with limitations for alcohol sales. So in this case, Pepper Road Church of Christ is within 250 feet of the location that is looking to be licensed for alcohol. So in that case, we did have to deny the application. Let's see here. Go to the next. And if we look at those distances as a straight line, because I did just for the benefit, from wall to wall as the ordinance states, that's 175 feet from the wall of the premises being requested to be licensed and the wall of the church building. And it's very specific that this is a church building. It's not a church in a strip center. We differentiate between that. This is a church building. So in this case, it's well within that 250 foot radius. Now that being said, as y'all may recall, this property was recently annexed into the city limits. And so as part of that annexation process, we did have communication with the applicant all the way back to January to make them aware that this specific location was within 250 feet of the church building. Can we go to that slide? All right. So any time when we have someone interested in annexation, we want to make sure that they know what the requirements are up front. So in January 2026, we had initial conversations with the applicant just about annexation. We did provide notice to them that self alcohol would not be permitted in any capacity due to the proximity of a neighboring church. We had an in-person meeting on January 12th where we also made that clear. When the annexation application was officially submitted in February, 2026, we do something called department review and all the different departments review applications going to planning commission or city council. Um, we had a bit in writing for, we told them the self alcohol would not be permitted due to the proximity of a neighboring church. Um, their representative provided communication that that was understood by the owner. Um, so our big point here was we wanted the applicant to understand for, um, annexation purposes that the ROI for. Annexing should not include the expectation for alcohol sales, which is a lot of reasons why people want to annex into the city. So the annexation and the rezoning request was approved. Let's go to the next slide. But because this was a neighborhood business district, to have a gas station and convenience store, it still had to go through a conditional use process. So we did have additional communication with the applicant on May 13th, just for clarification on what that development process looks like. We did further reiterate in May, um, that the applicant or at this particular location was within 250 feet of a church. Um, so that was within a violation of section six, 34 E, which is why we had to deny the application once it was submitted. And, um, and while they were clear about that, they did proceed forward with that application to annex. Um, but they did move forward with the conditional use application. They received approval with some five conditions. And they have met those conditions. So we have no issues with this operating as a gas station. They've made the improvements they need to make. The site looks nice. It's just the ability to sell alcohol. They are within 250 feet of a church building. Yeah. Do you have any questions? All right.

Not for me. No. You guys have any? Okay. Thanks, Erin. Would anyone else like to speak on it? If you would just give us your name and your address when you come up.

My name is Leonard Westbrook. I have with me the other two elders from Pepper Road, Lance Alexander and Alan Neely. And the address is on the church building, so. But do you want my personal address?

No. Well, okay.

Yeah, I think we do have to call it. 25125 Sequoia Street, Athens, 35613. Appreciate the opportunity to speak to the city council and appreciate this time that we can express our concerns on this. Myself and the other elders of Pepper Road are just east, as you've clearly seen, of the convenience store. The store recently opened, and the ownership, I understand, is now appealing the denied alcohol license. And we urge the council to uphold its current decision and its current ordinance. It's certainly our desire to be good neighbors. In the past, when this location was a restaurant, We frequently had customers use the church parking lot during the non-worship times. Because the two buildings are so close together, with only hasting roads separating us, we have even provided security video footage to law enforcement when vandalism occurred previously at this location that's under consideration. However, it is our view that the current Athens Alcohol Beverage Ordinance applies and that the denial of a license to sell alcohol beverages should be upheld. The convenience store will most certainly be open during our meeting times. With only hastening roads as a separation, the probability of interactions occurring with individuals purchasing alcohol and church members, both adults and children, is a real concern for us. During our non-meeting times, our two evangelists and other members will be in the building and on the parking lot, and the potential for intoxicated individuals in such close proximity is certainly undesirable. Your section 6.6-32 purpose of your ordinance, as I understand it, describes multiple potential negative impacts to the surrounding area and community, including item 2D that says alcoholic beverages is an explosive combination that enhances and amplifies negative secondary effects of adult-oriented businesses. Thus, as a representative of the church, we believe these and other potential issues are the heart of the ordinance and urge the council to uphold the original license denial. We thank you for your time and for hearing our concerns, and I'd be glad to answer any questions if you have them.

I don't have any but thank you, sir. Anyone else?

I'm the owner at the store.

Just give us your name and address, please.

My name is Deepika Patel, and I'm the store owner. We just opened the property, and we didn't think about we need to pay our license. The business are really, really slow right now. And plus, I see one of them business and having 99, there is a church. I think they don't have enough distance. I don't know what kind of John they got it. It's called traditional John. And we had concern. Our property cannot qualify for that zone. There's two store across each other, have a 99. I don't know perfectly address, but one store just recently start and couple years, they start selling alcohol. They didn't used to. We mentioned when we had our, you know, concern about this application when we needed our beer license. And we did mention their property. And they said their property on a traditional joint. We didn't know it was a traditional joint.

Traditional. Yes, okay, I understand. Yes. Yeah, the distance is shorter.

They didn't have 250 feet.

But in a traditional, it's 50 feet.

Yeah, it's...

It's a different zone.

They are in Athens City. We are in Athens City.

Yeah, but there's many different zoning types within Athens City. So traditional downtown district is 50 feet, or else we'd have no restaurants that could serve alcohol. So that's the difference.

Can we not get qualified there? A traditional John, we have to do anything we have to do, we can do it.

Well, the traditional zone is downtown.

Because it's hard to, we spend bunch of money in that business and we not doing nothing.

Okay.

And like we have people coming up asking for we sell alcohol and we say we don't, you know. Is anything can help us to, you know, whatever we can do to bring our business to traditional zone, we can do process.

Okay. Is there anything else?

That's why we just tried to get the beer license of our business. If anything, we can change it, John, like, you know, we can qualify.

Okay.

All right. Thank you.

Thank you. Is there anybody else? Okay, I think we've got a need to go into an executive session. Correct, Shane? Mr. President, if you... Whether it's the public hearing or leave it open?

You can leave it open. If you would like, it would be in order for a member of the council to make a motion to go into executive session to deliberate, discuss evidence or testimony presented during a public or contested case hearing.

Okay, seconded by Councilwoman Henry. We get a roll call on that? Mm-hmm.

Mrs. Golden? Yes. Mrs. Henry? Yes. Mr. Creasy? Yes. Mr. Lucas? Yes. And Mr. Seiber? Yes. Five yays, zero nays. All right.

We will take a break here for an executive session. We will join you in a minute. Guys, if I could get a motion to formally come out of the executive session.

So moved.

Second by Councilwoman Henry. Can we get a roll call on that, please, now? Yes.

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

Yes.

Mr. Lucas?

Yes.

And Mr. Seibert? Yes. Five yays, zero nays.

I'm going to formally close the public hearing. We do have a resolution here that Councilman Creasy is going to introduce. And if you guys have questions at the end, come up to me after the meeting and we can talk about it. Not right now. After the meeting. Yeah, we'll talk about it.

Be it resolved by the City Council of Athens City that the Planning and Zoning Department denial of the athletic beverage license for JG is hereby upheld and affirmed and JG's appeal is denied.

We get a second.

Second.

Second by Councilwoman Golden. Any questions?

Okay.

Can we get a roll call on that?

Mr. Creasy?

Yes.

Mrs. Golden? Yes. Mr. Lucas?

Yes.

Mrs. Henry? Yes. Mr. Seibert?

Yes.

Five yeas, zero nays.

Okay, that concludes our public hearing section of the meeting. Are there any public remarks regarding agenda items? If you do come up, you'll have, just give us your name and your address and you'll have three minutes.

Amanda Schulte, 1036 West Washington Street. Just a quick question. I don't know if it's Mayor Marks or Mr. Seibert. It's item R, the resolution, to approve the change for Sunrise Park. So one of the part of, I think it was like $4,500 was for erosion control for the side. I just wanted, I was curious just because there was not too long ago, we did a resolution for not to exceed $50,000 for like bad topsoil. So I just wanted to see it like, is this a continuation of that or?

It's no continuation, just sets aside.

So we fixed the bad topsoil, so now it's like erosion of sod? Okay, thank you.

All right, anybody else? Okay, we will move into our consent calendar. Councilwoman Golden.

Resolution to approve the consent calendar as presented today, August 24th, items A through M. Second by Councilwoman Henry.

Do we have any questions on these? I know we read through all of them in our work session. Does anybody have any questions on any of them? Okay. Can we get a roll call, please, Annette?

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

Yes.

Mr. Seibert.

Yes.

Five yays, zero nays.

Okay. We will begin our regular meeting.

Councilman Lucas, item N. Now, therefore, be it resolved by the City Council of the City of Athens, Alabama, as followed, the City Council of the City of Athens, Alabama, hereby passes the resolution. and its transportation plan submitted in compliance with the Rebuild Act, Act number 2019-2. Assuming to the Act, the City Council of the City of Athens, Alabama, estimate that its anticipated allocation from the Rebuild Alabama Act fund for the 2026-2027 fiscal year will be approximately $300,000.00. Pursuant to the act, the city anticipates spending funds received pursuant to the act in part or in whole to fund any of the following listed projects. Audubon Lane extension, resurfacing in Hines Street from Alabama 99 Elm Street to US 72. Sanders Court asphalt overlay. Move that we suspend the rules.

Second by Councilwoman Golden on the rules. Could we get a roll call on the rules, please?

Mr. Creasy?

Yes.

Mrs. Golden? Yes. Mr. Lucas? Yes. Mrs. Henry? Yes. Mr. Seiber? Yes. Five yays, zero nays.

I'll second the motion.

Second by Councilwoman Henry. Any questions on this one? Okay. Can we get a roll call on item N?

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

Yes.

Mr. Seiber? Yes. Five yays, zero nays.

Item O, Councilman Creasy. Bill ordained by the City Council of Athens in conformity with the provisions of Act 2012 through dash 256 enacted by the Alabama Legislature during the 2012 regular session provided for the State Severe Weather Preparedness Sales Tax Holiday, the City of Athens, Alabama exempts covered items from municipal sales and use tax during the same period, beginning at 12.01 a.m. on the Friday in February, 2027, and ending 12 midnight the following Sunday, February 28, 2007. I'll just expand. Second.

Second by Councilwoman Golden. Can we get a roll call on the rules, please?

Mrs. Henry?

Yes.

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

Yes.

Mr. Seibert? Yes. Five yays, zero nays.

Can we get a second on the ordinance, please? Second. Second by Councilman Lucas. Any questions on this one? Okay. We get a roll call, please.

Mr. Creasy.

Yes.

Mr. Lucas. Yes. Mrs. Henry. Yes. Mrs. Golden. Yes. Mr. Seibert.

Yes.

Five yays, zero nays.

Item P, Councilwoman Henry.

Now, therefore, it be resolved by the City Council that the Council authorizes the amount of $17,100 to be funded from the Water Services Department operating budget for the United States Geological Survey to maintain and monitor the Swan Creek Stream gauging station for 12 months. And the Water Services Department Director for and on behalf of the City of Athens is authorized to enter into an agreement for these services with the USGS. Move to suspend.

Second by 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. Seibert? Yes. Five yeas, zero nays.

We just need a second for the resolution, please. Second. Second by Councilman Creasy. Any questions on this one? Okay. Can we get a roll call on that, please, now?

Mrs. Henry? Yes. Mr. Creasy?

Yes.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Seibert? Yes. Five yays, zero nays.

Item Q, Councilman Lucas. Thank you.

This is a request approval to execute a consulting agreement with the United States Jogs Goals Survey to maintain and monitor.

I think that might be P. Is that P?

Cue.

Cue is the fence for Belmont.

Okay. Some change might have been in here. Might have been a change. That probably was the old one I guess. Okay. be resolved by the City Council of the City of Athens, Alabama to be resolved by the City of Athens, Alabama at its regular meeting on August 24 to the electric service direct is authorized to purchase from Athens Fence Company, Athens, Alabama security fencing for the Bell Miner subdivision for a total cost of $62,265.76. The cost expense related to this resolution shall be paid from the following fund of the City of Athens 2022 Warrant Fund.

Move to suspend.

Second.

Second by Councilwoman Golden. Could we get a roll call on the rules, please?

Mr. Creasy?

Yes.

Mrs. Golden? Yes. Mr. Lucas? Yes. Mrs. Henry? Yes. Mr. Seibert? Yes. Five yays, zero nays.

Can we get a second on the resolution?

Second.

Second by Councilwoman Golden. Any questions on this one?

Okay. Can we get a roll call, please, now?

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

Finally, item R, Councilwoman Golden.

Be it resolved by the City Council of the City of Athens, Alabama, to authorize the mayor to approve the following change orders at Sunrise Park. The cost of these change orders is to be funded from the proceeds of the 2024 general obligation warrants. An EMW construction bid package number three, bathroom privacy, $42,015, $44,210.15. Tennessee construction bid package number five, sod for erosion control, $4,500 for a total of $8,710.15. All right. We get a motion on the rules.

I'm sorry. We get a second on that, on the rules? Second. Second by Councilman Creasy. We get a roll call on the rules, please, Annette.

Mrs. Henry? Yes. Mr. Creasy?

Yes.

Mr. Lucas? Yes. Mrs. Golden? Yes. Mr. Seibert?

Yes.

Five yeas, zero nays.

And then can we get a second on the resolution? Second. Second by Councilman Creasy. Any questions on this one?

I would just like to commend the Mayor and the Park and Rec Department for recognizing the need for this before it became a bigger issue than it already is.

Yeah, thanks, Coach. We went out and did a little walkthrough and inspection. It just looked a little awkward, not anything that really jumped out. I just thought that we needed to take precaution. And the other, as you can see, we was real clear with the thing. It had to do with erosion and putting some more turf there. It had to do with bad soil.

Yeah, we've had a lot of rain. You know, it's something that's going to save us a good bit of money.

Yeah, thanks a lot. And some potential problems. Absolutely. Thank you, Coach.

And there will be more changes, as we know. It happens. And it looks great. For those of you that haven't been by there, go by and take a look. I mean, the last two months, it's really taken shape. So it looks good, really good. Okay. Well, let's take a vote.

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

Yes.

Five yays, zero nays.

All right, do we have anything else? Mayor? Shane? Council? Nothing? Okay, well finally we have an opportunity for general public comment on any matters pertinent to city business being key.