Athens City Council

REGULAR SESSION AUGUST 9, 2021 The City Council of the City of Athens met in Regular Session on Monday, August 9, 2021, 5:30 p.m. in the Derek D. Daniels Conference Room of the Athens Partnership Center, 201 West Corsicana St., Athens, Texas. with the following members present to-wit: Toni Clay, Mayor Aaron Smith, Mayor Pro-Tem Robert Gross SyTanna Freeman Mark Carroll Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: Audrey Sloan, Director of Development Services; Mandie Quigg, Finance Director; John Densmore, Chief of Police; Rodney Williams, Assistant Chief of Police; Randy Williams, Utilities Director; Chris Baker, Cain Center Director; Joanie Ahlers, Economic Development Director; Katie Birk, Tourism and Cultural Resources Coordinator; Brooke Akins, Administrative Assistant; Sgt. Jason Bosher; Duncan Tilley, Aquatics and Recreation Manager; Sloane Smith, Aquatics Program Manager; Kourtney McEvoy, Administrative Assistant; Noemi Lopez, Administrative Clerk; Others Present: Michael Hannigan, Rich Flowers, Deborah Deas, Anne Perryman, Rachel Thomas, Dr. Mark Roberts, LaKenia Wilson, John and Jennifer Wilson, Yeni Velazquez, Lorinda Johnson, Kiwana Hurd, Marti Shew, Casey Cummings, Erick Graham, Chet Patel, Jeffrey Enoch, Leon and Crystal Damron constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The Invocation was given by Pastor Seth Davidson, St. John Lutheran Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS There was no discussion. PROCLAMATION – “DENNIS GILMORE DAY” Mayor Clay proclaimed August 14, 2021 as “Dennis Gilmore Day.” MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY Elizabeth Borstad, City Manager, stated that Love Athens was a huge success. Ms. Borstad announced the following events: City Council Regular Session August 9, 2021 Page 2  Aug 14: Keep Athens Beautiful Annual Shootout at 5H Shooting Sports  Aug 14 & 15: Dallas Dressage Club Lemonade Days Dressage Rally at Henderson County Regional Fair Park.  Aug 14: Plant Propagation Class at the East Texas Arboretum at 6:00 p.m.  Aug 20 – 22: World Series Team Roping at Henderson County Regional Fair Park.  Aug 20: Beatlemania64 at TVCC’s Pauline Knight Perkins Performing Arts Center.  Aug 21: Ally Venable Band at The Texan INTRODUCTION OF NEW HIRE WITHIN THE ATHENS POLICE DEPARTMENT John Densmore, Chief of Police, introduced Blanca Mancio, Dispatcher in the Athens Police Department. INTRODUCTIONS OF NEW HIRES FOR THE CAIN CENTER Chris Baker, Cain Center Director, introduced the following Cain Center Staff members:  Duncan Tilley, Aquatics and Recreation Manager  Sloane Smith, Aquatics Program Coordinator  Kourtney McEvoy, Administrative Assistant CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE JULY 26, 2021, REGULAR SESSION b) CONSIDER APPROVING MINUTES OF THE AUGUST 2, 2021, BUDGET WORK SESSION Councilmember Gross requested item b) Consider approving minutes of the August 2, 2021, Budget Work Session be removed from the Consent agenda. CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE JULY 26, 2021, REGULAR SESSION A motion was made by Councilmember Gross, seconded by Councilwoman Freeman to approve Consent Agenda item a) minutes of the July 26, 2021, Regular Session. The motion carried unanimously. CONSENT AGENDA b) CONSIDER APPROVING MINUTES OF THE AUGUST 2, 2021, BUDGET WORK SESSION A motion was made by Councilmember Smith, seconded by Councilmember Carroll to approve Consent Agenda item b) minutes of the August 2, 2021, Budget Work Session The motion carried by the following vote: Ayes: Mayor Clay, Councilmember Smith, Councilmember Carroll, and Councilwoman Freeman: Nays: None, Abstain: Councilmember Gross. Mayor Clay stated the City Council will move to agenda item 19: Consider final reading of an Ordinance calling a bond election in the City of Athens, Texas to be held November 2, 2021, and resolving other matters related thereto. CONSIDER FINAL READING OF AN ORDINANCE CALLING A BOND ELECTION IN THE CITY OF ATHENS, TEXAS TO BE HELD NOVEMBER 2, 2021, AND RESOLVING OTHER MATTERS RELATED THERETO City Council Regular Session August 9, 2021 Page 3 Ms. Borstad stated the City Council has been discussing the need for a new police station for several years and the item is the final reading of the Ordinance calling a Bond Election Ms. Borstad explained the City is not required by State Law to have a first reading; however, the first reading provides two opportunities for the City Council and the Public to discuss the item in a public setting. Marti Shew, Financial Advisor of Hilltop Securities stated the firm looked at where the city’s finances are today and projected into the future in determining the bond’s potential effect on the city tax rate. Ms. Shew presented a Tax Rate Capacity Analysis of the $5.5 million project fund for a 20-year debt service scenario. Discussion occurred. Bonnie Hambrick, City Secretary read the caption of the Ordinance aloud A motion was made by Councilmember Gross, seconded by Councilwoman Freeman to approve the final reading of an Ordinance calling a bond election in the City of Athens, Texas to be held November 2, 2021, and resolving other matters related thereto. After roll call vote, the motion passed with the following record vote: Toni Clay, Mayor Aye Aaron Smith, Pro Tem Aye Robert Gross, Councilmember Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 HEAR UPDATE ON CAIN CENTER PROJECT Mr. Baker provided the following update:  Tentatively scheduled to open in September  Staff training on membership and enrollment software  Request for proposals issued for an Alarm system and Audio-Visual system  Staff creating sporting events and activities appropriate for ages  Furniture for the center is ordered  Equipment for the fitness center is ordered  Staff working on plans for the GRAND re-opening Justin Lewis, Site Superintendent with Berry and Clay provided additional updates on the construction progress at the Cain Center. HEAR UPDATE FROM ATHENS ECONOMIC DEVELOPMENT CORPORATION ON BUSINESS ASSISTANCE AND COMMUNITY DEVELOPMENT GRANTS Joanie Ahlers, Economic Development Director, presented an update on Business Assistance and Community Development Grants for round 2. She stated staff received more applications than we had funding. A total of 10 completed applications, 4 for CDG and 6 for BAG. City Council Regular Session August 9, 2021 Page 4 The budget for each category of grants based upon funds available after Round 1 there is: $47,555 for Business Assistance and $19,428 for Community Development. The committee is recommending a total of $35,000 in CDG and $31,984 in BAG. Ms. Ahlers presented the following summary of the grant applications:  Community Development Grant Applications: Total requests: $55,000. Total Committee recommendations for funding: $35,000. 1. Building Athens Together $10,000 requested, $24,000 matching funds. Committee recommendation for grant funding: $10,000 2. Henderson County Performing Arts Center, $15,000 requested, $2,500 matching Committee recommendation for grant funding: $15,000 3. Athens Thrift Store, $10,000 requested, 15,000 matching funds. Committee recommendation for grant funding: $10,000  Business Assistance Grant Applications: Total requests: $64,480 Total Committee recommendations for funding: $31,984 1. Johnny Ballow Homes, LLC, $12,500 requested, Total Project Cost $44,000. Committee recommendation for grant funding: $1,984 2. Eagle King Auto Parts, $12,500 requested, Committee recommendation for grant funding: $10,000 3. Mimi’s Creative Kids Learning Center, $12,500 requested, Project: Committee recommendation for grant funding: $10,000. 4. Athens Christian Preparatory Academy, $12,500 requested, Total Project Cost $22,000 Committee recommendation for grant funding: $10,000. Ms. Ahlers stated the AEDC approved the request during their July 20, 2021 meeting. Mayor Clay reiterated that the grants are reimbursable. Councilmember Gross thanked AEDC for all the work they do. He expressed concern about the private school getting funded from taxpayer dollars. He stated he does not feel that is what the taxpayers intended when they allocated a percentage of the sales tax to go to AEDC. PRESENTATION OF THE TDA FORM A1024 SECTION 3 PRESENTATION FOR THE TXCDBG PROJECT 7219011 Rachel Thomas, Community Development Project Manager, presented an overview of the TDA Form A1024 Section 3 for the TxCDBG Project 7219011. She explained the City received the following grant award:  Grant Contract No. 7219011  Award Amount: $275,000 Match -$55,000  Project: to rehabilitate manholes throughout the City She explained the grant is funded through the Community Development Block Grant, via: U.S. Department of Housing and Urban Development and Texas Department of Agriculture and As a condition of funding, the City must comply with Section 3 of the Housing and Urban Development Act of 1968. To the greatest extent feasible, Grant Recipients must direct economic opportunities generated by CDBG funds to low-and very low-income persons and facilitate general employment opportunity information for Section 3 Workers. City Council Regular Session August 9, 2021 Page 5 PUBLIC HEARING CONCERNING A REQUEST FROM OWNERS YENI VELAZQUEZ AND JUAN GARCIA FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO COMMERCIAL FOR TRACTS 120 & 120A OF THE C.M. WALTERS SURVEY A-800, ALSO KNOWN AS 2705 W STATE HIGHWAY 31 Audrey Sloan, Director of Development Services, explained the property is located on W State Hwy 31 (also known as W Corsicana St) just inside the Loop. The current zoning of the property is Agriculture. She stated the current property owners recently purchased the property and are proposing to use the building in the future for commercial activities. She further explained Letters of notification were mailed to the 4 surrounding property owners within 200 feet, and one (1) approval response was received. Mayor Clay opened the Public Hearing. There were no comments. The Public Hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM OWNERS YENI VELAZQUEZ AND JUAN GARCIA FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO COMMERCIAL FOR TRACTS 120 & 120A OF THE C.M. WALTERS SURVEY A-800, ALSO KNOWN AS 2705 W STATE HIGHWAY 31 Ms. Hambrick read the caption of the Ordinance aloud. PUBLIC HEARING CONCERNING A REQUEST FROM CASEY CUMMINGS FOR APPROVAL OF A ZONING CHANGE FROM MULTI- FAMILY – 5 TO PLANNED DEVELOPMENT WITH MULTI-FAMILY – 5 BASE ZONING FOR TRACT 102 A OF THE R. A. CLARK SURVEY A-171, ALSO KNOWN AS PROPERTY ID C122349 LOCATED ON N WOOD ST. OWNER: CUMMINGS PROPERTY GROUP LLC Ms. Sloan explained the property is located on Wood Street and is currently vacant. She stated the owner is requesting a zoning change to Planned Development with Multi-family – 5 base zoning in order to construct a multi-family residential complex for senior citizens on the property. Letters of notification were mailed to the 25 surrounding property owners within 200 feet and one (1) approval response was received. Ms. Sloan stated the site plan is compliant in all areas except one, which is the reason the owner is requesting Plan Development. Discussion occurred. Mr. Cummings explained the development is for individuals 55 and older, and it will be secure and gated. Mayor Clay opened the Public Hearing. Kiwana Hurd, expressed concern that there is no housing for younger families with children in Athens. She asked when will the Council focus on the need for housing for younger adults. The Public Hearing was closed. City Council Regular Session August 9, 2021 Page 6 DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM CASEY CUMMINGS FOR APPROVAL OF A ZONING CHANGE FROM MULTI-FAMILY – 5 TO PLANNED DEVELOPMENT WITH MULTI-FAMILY – 5 BASE ZONING FOR TRACT 102 A OF THE R. A. CLARK SURVEY A-171, ALSO KNOWN AS PROPERTY ID C122349 LOCATED ON N WOOD ST. OWNER: CUMMINGS PROPERTY GROUP LLC Ms. Hambrick read the caption of the Ordinance aloud. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING A REQUEST FROM CRYSTAL DAMRON OF VALLE VISTA INVESTMENTS, INC. FOR APPROVAL OF A RESOLUTION FOR A VARIANCE FROM THE REGULATIONS IN CHAPTER 5, ARTICLE XIII, SECTION 5-184 THE CODE OF ORDINANCES CONCERNING HEIGHT REQUIREMENTS FOR FENCES. THE APPLICANT IS REQUESTING A VARIANCE TO INSTALL 6-FOOT-TALL FENCING WITHIN THE FRONT YARD SETBACK AREAS ALONG BOTH STREET FRONTAGES FOR THE PROPERTY LOCATED AT 500 VALLE VISTA DRIVE, ALSO KNOWN AS LOT 1C, BLOCK 73 OF ATHENS ORIGINAL TOWN, T. PARMER SURVEY A-782 Ms. Sloan explained the applicant is requesting a variance to install 6-foot-tall fencing within the front yard setback areas along both street frontages for the property located at 500 Valle Vista Drive. She explained the new owners are proposing to install fencing around the property to secure it. specifies that fences installed within the front yard setback area shall be no greater than 3 feet in height. Requests for variances from the regulations in this article may be approved by the City Council. The front yard setback of 30 feet applies to both the south and east property lines which front Valle Vista Drive and Frizzell Street. The owner is requesting a variance to install a fence of 6 feet in height along both the south and east property lines, which is 3 feet taller than what would normally be allowed in the code. After discussion, a motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve a Resolution for a variance from the regulations in Chapter 5, Article XIII, Section 5-184 the Code of Ordinances concerning height requirements for fences. The applicant is requesting a variance to install 6-foot-tall fencing within the front yard setback areas along both street frontages for the property located at 500 Valle Vista Drive, also known as Lot 1C, Block 73 of Athens Original Town, T. Parmer Survey A-782. The motion carried unanimously. CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FROM DAN HOLZSCHUH OF LANDMARK SIGN COMPANY FOR APPROVAL OF A SITE PLAN AMENDMENT INCLUDING THE SIGN PACKAGE FOR THE TAQUERIA LA VENTANA AND TWISTED ROOT BURGER COMPANY RESTAURANTS IN THE PLANNED DEVELOPMENT – 1 ZONING DISTRICT FOR LOTS 1-5, BLOCK 1 OF THE TRITON ATHENS SUBDIVISION, R.A. CLARK SURVEY A-171, ALSO KNOWN AS 1006, 1010 AND 1012 EAST TYLER STREET. OWNER: TRITON ATHENS I, LLC This item remained Tabled. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH HENDERSON COUNTY FOR ELECTION SERVICES AND CONDUCTING ELECTION DAY VOTING FOR A BOND ELECTION IN THE CITY OF ATHENS TO BE HELD NOVEMBER 2, 2021 City Council Regular Session August 9, 2021 Page 7 Ms. Borstad explained this relates to agenda item 19. The authorization to issue bonds for the police station. She stated this item will allow staff to enter into an agreement with the County to perform election day services for the November 2, 2021 Election. A motion was made by Councilwoman Freeman, seconded by Councilmember Gross to approve a Resolution authorizing the Mayor to enter into an Interlocal Agreement with Henderson County for election services and conducting Election Day voting for a bond election in the City of Athens to be held November 2, 2021. The motion carried unanimously. DISCUSS FIRST READING OF AN ORDINANCE ADOPTING THE PROPOSED ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2022 Mandie Quigg, Finance Director, presented expenditures by category for the Annual Operating Budget for Fiscal Year 2022. She presented the Sales Tax Calculations the reduction of total tax rate by 1.5 cents per $100. Ms. Hambrick read the caption of the Ordinance aloud. DISCUSS FIRST READING OF AN ORDINANCE ADOPTING THE PROPOSED TAX RATE FOR FISCAL YEAR 2022 Ms. Quigg explained the item is the first reading of an Ordinance adopting the Proposed Tax Rate for 2021 valuations for Fiscal Year 2022 beginning October 1, 2021 and ending September 30, 2022. She explained the rate must be adopted in two separate components: Maintenance and Operations (M&O) and Debt Service. The total proposed tax rate of $0.645221/$100, is one and a half cents less than the previous year’s tax rate of $0.660221/$100. Ms. Quigg presented the next steps: August 17th – Special Session ◦ Public Hearing on FY 2022 Budget August 23rd – City Council ◦ Public Hearing on Tax Rate ◦ Final reading of Budget Ordinance ◦ Resolution to Ratify revenue increase ◦ Final reading of Tax Rate Ordinance Ms. Hambrick read the caption of the Ordinance aloud. EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.074 (PERSONNEL MATTERS; CLOSED MEETING); TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, OF A PUBLIC OFFICER OR EMPLOYEE: a) CHIEF OF POLICE The City Council convened in Executive Session at 6:50 p.m. The City Council returned to Regular Session at 7:29 p.m. No action was taken. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Ms. Hambrick read the following future agenda items:  First reading of an Ordinance adopting International Property Maintenance Code (IPMC)  Airport hangar fees and land lease rates City Council Regular Session August 9, 2021 Page 8 Councilmember Carroll requested Bill McMahon of Triton Development be present at the next meeting for the final reading of the Ordinance for the site plan amendment including the sign package for the Taqueria La Ventana and Twisted Root Burger Company. Councilmember Gross asked that meetings be scheduled in the next couple of weeks to discuss the police facility. Councilmember Smith asked for a list of possible sites for the police facility. ADJOURN The meeting was adjourned at 7:31 p.m. PASSED AND APPROVED THIS THE 23rd DAY OF AUGUST 2021. ___________________________ Toni Clay, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary