Athens City Council

REGULAR SESSION JULY 13, 2020 The City Council of the City of Athens met in Regular Session on Monday, July 13, 2020 at 5:30 p.m. in the Derek D. Daniels Conference Room of the Athens Partnership Center, 201 West Corsicana St., Athens, Texas, This meeting was open to the public; however, seating was limited to maintain social distancing. with the following members present to-wit: Monte Montgomery, Mayor Ed McCain, Mayor Pro Tem Aaron Smith Robert Gross Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Blake Armstrong, City Attorney Staff Present: Buddy Hill, Chief of Police; Audrey Sloan, Director of Development Services; others present: Marisa Gunstanson, Mark Carroll, Garry Penn, Becky Anding, Scott Fullingim, Chris and Amanda Marholz, Bryon Kelley, Eric Berry, Richard Rollow, B.J. Davies with the following member absent: Councilwoman Clay. constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The Invocation was given by Councilmember Smith. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. The City Council recessed at 5:32 p.m. The City Council convened in Regular Session at 5:33 p.m. PUBLIC COMMUNICATIONS B. J. Davies read the following statement: “Distinguished City Leaders: My name is BJ Davies and I am a resident of Henderson County and work locally for a healthcare company in Athens. Thank you for this opportunity to speak before you. My goal this evening is to plant a seed. What started out this summer as a school project in one of my masters classes has inspired me to advocate for a group of citizens in Athens and surrounding areas. We baby boomers are getting older and the 65 and older population of Athens is nearly 1/5 of our total numbers and for the county last year’s census estimated over 22.4% of Henderson County to be 65 and older. Research shows how important older people are to the economy and overall vitality of a community. Those who continue to stay in the workplace bring experience and wisdom and can do so by working fulltime or job sharing. City Council Regular Session July 13, 2020 Page 2 Where do you want “senior citizens” to spend their dollars: local groceries, local clothing stores and the big one is utilization of local health clinics and facilities. As the Cain Center is under renovation, I would challenge each of you individually and collectively to consider this facility to play an active role in programming for our older Athens population. The Cain Center’s location, size and accessibility are all very attractive for older citizens. The elderly in our population are the most vulnerable and we have an opportunity in this community to make a statement and be progressive. Building social capital with a diverse population of older residents of Athens and Henderson County would be groundbreaking. Creation of intergenerational programs with possible thoughts of after school programs such as; gardening, storytelling, mentoring and overall socialization for both generations. Other programming could include but not limited to health resource assistance, fitness and wellness programs, transportation services, public benefits counseling, employment assistance, volunteer and civic engagement opportunities, educational and arts programs. Is it possible the Meals on Wheels program could be relocated to the Cain Center? According to the National Council on Aging (2015), senior centers have become one of the most widely used services among America’s older adults. “Studies have shown the overall health of people in a community improves as more and more people become involved.” In my project, SOAR – Senior of Athens Rejuvenate could become a reality with the combined efforts of the leadership of you the city, county, and business and churches working together to embrace a diverse population of our older adults. Athens City Leadership - Let’s engage older citizens as community assets!” Brent Muecke, read the following statement: “I am here this afternoon to report my efforts to correct safety hazards at the City Kiwanis City Park. I attended the Park Advisory committee meeting and advised the individuals my concern about the creek at the park. The pictures that I presented at the last council meeting were shown to the members. The pictures illustrate the lack of upkeep by the City and Kiwanis organization. One area of the creek looked like the intake area of a septic sewer plant. This park has been described as the jewel of the City of Athens. Well, this jewel needs to be polished with updates and corrective maintenance of safety hazards. The children need to have a park that is not only fun to visit, but also safe for them. It is the responsibility of the City of Athens and the Kiwanis organization to provide this. My efforts have been ignored and I would like to know the reason why. I continue to hear the comment regarding other issues in the city, "that is the way it has always been and we have not had a problem before". A visit to the City of Athens property where the Cain Center is located displeased me this past weekend. My three dogs ventured across the weeded area as I followed holding their leashes. A large tree branch had fallen because of it being rotten. Tree stumps and roots needed to be ground down. The whole area has just been ignored by the city. The disc golf course is what I would describe as a shameful image to the city. All that I can do is to continue to attend meetings and voice my concern about the lack of keeping parks safe for the children and citizens of Athens. The city needs to be proactive than being reactive regarding safety hazards on city property. The Athens Daily Review newspaper does not need another headline of a child's life being taken. Corrective action to help prevent this particular tragedy from happening again is on standby until a lawsuit is settle. I will end my presentation with three words, "yellow school bus". MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY City Council Regular Session July 13, 2020 Page 3 Buddy Hill, Chief of Police, provided an update regarding the review of police policies and procedures. Mayor Montgomery thanked citizens for wearing masks and practicing social distancing. CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE JUNE 22, 2020 REGULAR SESSION b) CONSIDER A RESOLUTION APPROVING THE 2021 PROPOSED BUDGET FOR HENDERSON COUNTY APPRAISAL DISTRICT AND THE COST FOR APPRAISAL SERVICES c) CONSIDER A RESOLUTION DESIGNATING ELIZABETH BORSTAD, CITY MANAGER AND MANDIE QUIGG, FINANCE DIRECTOR AS EMPLOYEES RESPONSIBLE FOR THE CALCULATION OF THE CITY’S NO-NEW-REVENUE TAX RATE AND THE VOTER-APPROVAL TAX RATE IN ACCORDANCE WITH THE TEXAS TAX CODE d) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH VELVIN & WEEKS CONSULTING ENGINEERS, INC. FOR THE DEVELOPMENT OF ENGINEERING PLANS, AND SPECIFICATIONS OF THE NORTH PINKERTON STREET SEWER LINE REPLACEMENT PROJECT AS FUNDED BY THE TEXAS WATER DEVELOPMENT BOARD (TWDB) A motion was made by Councilmember McCain, seconded by Councilmember Gross to approve the Consent Agenda. The motion carried unanimously. HEAR UPDATE ON CAIN CENTER PROJECT Eric Berry with Berry and Clay provided the following update on the Cain Center Project: Current Activities • Concrete saw cutting and removal for new plumbing trenches • Under slab plumbing rough-in • Pour bank of concrete trenches after Plumbing installation and inspections • Selective interior demolition is in progress • Pool demolition in progress Work Scheduled • Continue saw cutting and removal of concrete under slab for plumbing and electrical • Begin installation of granular stone base under the pool • Begin the underground piping for the pool • Begin metal stud framing • Begin above slab Plumbing rough-in work • Begin Electrical conduits and switchgear work • Install support beam in the lobby to create opening into the Dressing Room/Fitness area Elizabeth Borstad, City Manager, asked if the project was still on schedule, with Mr. Berry stating yes. Mayor Montgomery acknowledged technical difficulties with the sound via Facebook Live. He stated an audio recording of the Facebook Live meeting will be reposted on tomorrow. CONSIDER FINAL READING OF AN ORDINANCE TO REPEAL IN ITS ENTIRETY AND RE-ESTABLISH CHAPTER 17 OF THE CITY CODE OF ORDINANCES ENTITLED SUBDIVISIONS City Council Regular Session July 13, 2020 Page 4 Audrey Sloan, Director of Development Services, presented changes to the Ordinance regarding the platting since the first reading. Bonnie Hambrick, City Secretary, read the caption of the Ordinance aloud. A motion was made by Councilmember McCain, seconded by Councilmember Smith to approve final reading of an Ordinance to repeal in its entirety and re-establish Chapter 17 of the City Code of Ordinances entitled Subdivisions. After roll call vote, the motion passed with the following record vote: Monte Montgomery, Mayor Aye Ed McCain, Mayor Pro Tem Aye Aaron Smith, Councilmember Aye Robert Gross, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 CONSIDER FINAL READING OF AN ORDINANCE AMENDING ARTICLE III, ENTITLED CONSTRUCTION, OF CHAPTER 16 OF THE CITY CODE OF ORDINANCES Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember McCain, seconded by Councilmember Gross, to approve final reading of an Ordinance amending Article III, entitled Construction, of Chapter 16 of the City Code of Ordinances. After roll call vote, the motion passed with the following record vote: Monte Montgomery, Mayor Aye Ed McCain, Mayor Pro Tem Aye Aaron Smith, Councilmember Aye Robert Gross, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 CONSIDER FINAL READING OF AN ORDINANCE TO REPEAL IN ITS ENTIRETY ARTICLE II, ENTITLED MAIN EXTENSIONS, OF CHAPTER 21 OF THE CITY CODE OF ORDINANCES AND RESERVING THE SAME ARTICLE FOR FUTURE USE Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember McCain, seconded by Councilmember Smith to approve final reading of an Ordinance to repeal in its entirety Article II, entitled Main Extensions, of Chapter 21 of the City Code of Ordinances and reserving the same article for future use. After roll call vote, the motion passed with the following record vote: City Council Regular Session July 13, 2020 Page 5 Monte Montgomery, Mayor Aye Ed McCain, Mayor Pro Tem Aye Aaron Smith, Councilmember Aye Robert Gross, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 DISCUSS, CONSIDER AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADOPT THE DESIGN GUIDELINES AS PRESENTED BY STAFF Ms. Sloan stated the Resolution is to adopt the Infrastructure Design Standards that will accompany the recently amended Chapter 17 of the Code of Ordinances, entitled Subdivisions. She stated the Infrastructure Design Standards has been created to accompany the Subdivision Ordinance, and it establishes standards for materials and design relating to water, wastewater, streets, storm drainage and lighting. She further stated the document also details bonding and insurance requirements for contractors working on public works projects. A motion was made by Councilmember Gross, seconded by Councilmember McCain to approve a Resolution authorizing the City Manager to adopt the Design Guidelines as presented by staff. The motion passed unanimously. PUBLIC HEARING CONCERNING A REQUEST FROM CALVIN BRIAN HALL FOR APPROVAL OF THE REPLAT OF LOT 19 AND PART OF LOT 12A OF THE STONEBRIDGE SUBDIVISION, J. BALL SURVEY, ABSTRACT 80, CREATING LOT 19-R, ALSO KNOWN AS 4770 STONEBRIDGE LANE. THIS PROPERTY IS LOCATED IN THE CITY’S EXTRATERRITORIAL JURISDICTION Ms. Sloan stated the property is located south of the loop off FM 753. She stated the owner has purchased the neighboring property and the proposal is to combine the two (2) into one (1) Ms. Sloan stated the plat is compliant with the City’s Subdivision Ordinance. The Public Hearing was opened. There were no comments. The Public Hearing was closed. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF THE REPLAT OF LOT 19 AND PART OF LOT 12A OF THE STONEBRIDGE SUBDIVISION, J. BALL SURVEY, ABSTRACT 80, CREATING LOT 19-R, ALSO KNOWN AS 4770 STONEBRIDGE LANE A motion was made by Councilmember Smith, seconded by Councilmember Gross, to approve the replat of Lot 19 and part of Lot 12A of the Stonebridge Subdivision, J. Ball Survey, Abstract 80, creating Lot 19-R, also known as 4770 Stonebridge Lane. The motion carried unanimously. City Council Regular Session July 13, 2020 Page 6 DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION GRANTING A VARIANCE REQUESTED BY CHRIS & AMANDA MARHOLZ FOR A TEMPORARY USE PERMIT TO OPERATE COMMON AREA MARKET ON THURSDAY THROUGH SATURDAY FROM 9:00 A. M. TO 12:00 A. M. FROM JULY 16, 2020 TO DECEMBER 31, 2020, AT 307 EAST LARKIN STREET, ALSO KNOWN AS LOT 1, 3A, 6B, 7 & 8 OF BLOCK 25 OF ATHENS ORIGINAL TOWN AND LOT 2 OF BLOCK 6 OF LARGE LOTS, T. PARMER SURVEY A-782 Ms. Sloan explained the Temporary Use Ordinance (Section 31A of the Zoning Ordinance) was recently amended to include specific timelines of operations for the various types of temporary uses. She stated the Ordinance included a provision for Council to grant a variance for proposed events that will exceed the specified timelines. She stated Chris & Amanda Marholz have requested a variance in order to continue operation of Common Area Market under a temporary use permit. The types of events proposed are food service from mobile food trucks, various entertainment events and private events. Common Area Market was previously operating under temporary use permits issued under the former ordinance which allowed two events per location per year at up to 120 days each. She stated the variance will allow the owners to conduct food sales, entertainment events and private events on Thursday through Saturday from 9:00 am to 12:00 am from July 16, 2020 to December 31, 2020. Mr. Bryon Kelley, Attorney, spoke on behalf of Chris and Amanda Marholtz and explained the variance is requested to continue business operations under the current model due to Covid-19 setbacks. Mr. Kelley further stated the owners do not anticipate asking for an additional variance request at the end of the year (December 31, 2020). Ms. Sloan explained, prior to the issuance of the Certificate of Occupancy, the owners are required to install permanent restrooms, accessible parking and an accessible route on the site. Councilmember Smith asked if the permit is transferable with Ms. Borstad stating the permit is not transferrable. Blake Armstrong, City Attorney, further stated the permit is not transferable. After discussion and questions being answered a motion was made by Councilmember McCain, seconded by Councilmember Gross to approve a Resolution granting a variance requested by Chris & Amanda Marholz for a temporary use permit to operate Common Area Market on Thursday through Saturday from 9:00 a. m. to 12:00 a. m. from July 16, 2020 to December 31, 2020, at 307 East Larkin Street, also known as Lot 1, 3A, 6B, 7 & 8 of Block 25 of Athens Original Town and Lot 2 of Block 6 of Large Lots, T. Parmer Survey A-782. The motion carried unanimously. EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.072 (DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING) TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY: a) 405 LINDSEY LANE The City Council convened in Executive Session at 6:11 p.m. The City Council returned to Regular Session at 7:04 p.m. CONSIDER ACTION RESULTING FROM DELIBERATIONS IN EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.072 (DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING) TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY a) 405 LINDSEY LANE City Council Regular Session July 13, 2020 Page 7 No action was taken. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Mayor Montgomery requested an agenda item regarding issues at Kiwanis Park. ADJOURN The meeting adjourned at 7:05 p.m. PASSED AND APPROVED THIS THE 27th DAY OF JULY 2020. ___________________________ Ed McCain, Mayor Pro Tem ATTEST: ______________________________ Bonnie Hambrick, City Secretary