The Athens City Council introduced an ordinance authorizing the operation of medical cannabis dispensing sites. The vote on the ordinance was pushed to the next council meeting per the request of Council member Harold Wales.

“In order to have these types of facilities within your city, it is required that you do this ordinance to allow for it. It doesn’t mean that any of them will actually come, but this is the only way people can apply to have one in our city,” Council member Chris Seibert said.

The council revisted the subject of de-annexing approximately 3.26 acres located on the south side of Moyers Road just west of Highway 31. At the last council meeting, the matter failed to be brought to a vote.

At the Oct. 24 meeting, City Engineer Michael Griffen said to the council, “This item was presented in front of the Planning Commission with the recommendation not to de-annex. The reason it was brought before us is two mobile home trailers had been moved onto the property. As you are aware, in Athens, we only have a district called RMH where we allow mobile homes. This is zoned M1- light industrial district, and we do not allow mobile homes in those districts.”

Other reasons Griffen presented to the council for not de-annexing the property is its location on the banks of Schoolhouse Branch, an unstudied floodplain. Betty Messer, the owner of the property, explained that she bought the property not knowing it was in the City of Athens and argued that in her years on the property, it has never flooded.

She said through tears, “I have learned a lot from this. It doesn’t affect the City of Athens, but it affects me a whole lot. I have invested and I don’t have nowhere else to put these mobile homes. I am at a standpoint, so I am going to put it in your hands and God’s hands.”

Council member Wales, “At the last meeting, there was no way I was going to de-annex that, but I went down there and looked at this property. I have changed my mind now. I don’t think there’s any reason I could vote against the request. I personally don’t think it would be any harm to the City of Athens.”

The council voted unanimously to de-annex the property.

Public hearings

• A public hearing concerning the zoning approval for the sale of alcohol by Shri Shani Sai, Inc., dba USA Mini Mart, 17785 US Hwy 72, Athens.

The council members approved the following consent and regular meeting agendas:

Consent agenda

• Reschedule the regular City Council meeting on Dec. 26, 2022 to December 19, 2022 at the same time and place.

• Approve travel/education expenses for the City Clerk’s Office in the amount of $303.77.

• Approve travel/education expenses for Water Services Department in the amount of $1,277.25.

• Approve a “special events retail on premises consumption” alcohol license for Athens- Limestone Hospital Foundation for the Starlight Ball at the Alabama Veteran’s Museum and Archives on Dec. 31, 2022.

• Approve an “off premises lounge retail liquor-class one” alcohol license for Maa Umiya Inc. dba Liquor Cave 2 , 935 US Hwy 72 E, Athens.

• Set a public hearing to consider whether to vacate a portion of a public alley between McArthur Drive and Sweet Sue Drive.

• Set a public hearing for the regular meeting at 4:30 p.m. on Dec. 12, 2022, to review the request of Justin Davis of RDM3, LLC, on behalf of David Ames to annex +/- 2.01 acres of property located approximately 750’ east of the intersection of US Hwy 72 and W Washington Street, on the north side of the roadway, into the city and zone the property as B-2 (General Business District) within the corporate limits of the City of Athens.

• Set a public hearing for the regular meeting at 4:30 p.m. on Dec. 12, 2022, to review the request of WEScorp, LLC to rezone +/- 0.5 acres of property located at 15543 Bab Daly Road from R-1-1 (Low Density Single Family Residential District) to B-2 (General Business District) within the corporate limits of the City of Athens.

• Set a public hearing for the regular meeting at 4:30 p.m. on Dec. 12, 2022 to review the request of Hasting Road, LLC to rezone +/- 0.5 acres of property located at 15543 Bab Daly Road from R-1-1 (Low Density Single Family Residential District) to B-2 (General Business District) within the corporate limits of the City of Athens.

• Set a public hearing for the regular meeting at 4:30 p.m. on Dec 12, 2022 to review the request of Jay Dharati, Inc to rezone +/- 2.0 acres of property located at 24999 US Hwy 72 to B-2 (General Business District) within the corporate limits of the City of Athens.

Regular meeting agenda

• Adopt an organizational chart for the Water Services Department.

• Adopt an organizational chart for the City Clerk/Treasurer Department.

• Adopt an organizational chart for the Gas Department.

• Authorize and approve a match commitment to Pryor Field Regional Airport CDBG & ARC Grant applications to support the creation of 250 jobs and $25 million in leverage private investment. The city, as one of four co-owners of the airport, shall pledge $59,691.25 in local match funding to support the wastewater infrastructure investment and business development opportunity.

• Deannex +/- 3.26 acres located on the south side of Moyers Road, approximately 1,500’ west of US Highway 31, in a Light Industrial District.

• Amend the Athens Alcohol Beverage Ordinance to state that distance limitations for alcohol sales-in addition to other regulations and restrictions and subject to exceptions contained within this section, no facility or property shall be authorized for on premises sale or off premises sale of alcoholic beverages where the facility or property is less than 250 feet from any church building, school, or child development facility.

• An ordinance regarding the sale of real property located along Clyde Mabry Drive.

• Ordinance amending Section 18-302© of the Code of Ordinances of the City of Athens, Alabama regarding business license issue fees. The fee’s will be based on the recommendation of the US. Department of Labor.

• Authorize a contract with Cleary Construction, Inc., for $11,471,369.55 to construct Lower Swan Creek Sewer Project Phase 1.

• Authorize a deductive change order for the contract to install sewer casings under Huntsville Brownsferry Road between I-65 and Highway 31 by Sloan Utility Contracting, Inc.

• Authorize Krebs Engineering, Inc., to perform consulting services including inspection of all water tanks along with maintenance issues reporting and the oversight of contracting maintenance to those tanks for the amount of $48,600.

• Authorize Change Order 3, a deductive change order in the amount of $230,908.75 for the Swan Creek Trunk Line Cleaning and Lining project contract with SAK Construction.

• Authorize a consulting agreement with TRI-SSI, LLC in the amount of $32,000 to implement a critical equipment management program for the process treatment plants.

• Ordinance related to water and sewer impact fees.

• Authorize the Mayor to award the Bituminous Plant Mix Paving Contract to Grayson Carter and Sons, Inc for the period of 2022-2025.

• Authorize the Mayor to issue tasks as awarded by the Bituminous Plant Mix Paving Contract with Grayson Carter and Sons, Inc. to mill and pave in multiple districts.

• Resolution granting a tax abatement to Morgan Metals, Inc.