Athens City Council

REGULAR SESSION SEPTEMBER 13, 2021 The City Council of the City of Athens met in Regular Session on Monday, September 13, 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 SyTanna Freeman Mark Carroll Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: John Densmore, Chief of Police; Audrey Sloan, Director of Development Services; Mandie Quigg, Finance Director; Tim Perry, Public Works Director; Katie Birk, Tourism and Cultural Resources Coordinator; Noemi Lopez, Administrative Clerk; Brooke Akins, Administrative Assistant; Sissy Geddie, HR Manager. others present: Michael Hannigan, Deborah Deas, Jeffrey Enoch, Kiwana Hurd, Rich Flowers, James Hurley, Carol Webster, Dr. Doug Curran, C. Scott Campbell, Wes Knight, Perry Thompson III, Ryan Gould, Matt Judson, Emily Heglund, Brent Muecke and Jeannie Klepper with the following member absent: Robert Gross constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The Invocation was given by Pastor Matthew Hollensworth, Pastor of 3:16 Church in Athens. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS Brent Muecke expressed concern for citizen’s and children’s safety at parks. MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY Elizabeth Borstad, City Manager announced the following events:  Every Saturday: Athens Farmers Market in the City Parking lot from 9:00 a.m.-1:00 p.m.  September 16-18: Henderson County Performing Arts Center presents “Little Shop of Horrors” at 7:00 p.m.  September 19: Henderson County Performing Arts Center presents “Little Shop of Horrors” at 2:00 p.m.  September 18: Fall Plant Sale at East Texas Arboretum from 9:00 a.m.-3:00 p.m.  September 18 & 19: Henderson County Horseman’s Association Clinic at the Henderson County Regional Fair Park City Council Regular Session September 13, 2021 Page 2  September 23-25: Henderson County Performing Arts Center presents “Little Shop of Horrors” at 7:30 p.m.  September 25: TVCC Cardinal Football vs Tyler Junior College at Bruce Field. Kickoff at 6:00 p.m. FAMILY DAY  September 25: Sunfish Showdown at Texas Freshwater Fisheries Center from 8:00 a.m.- 1:00 p.m.  September 25: Lone Star High School Rodeo at the Henderson County Regional Fair Park.  October 2: Comic Con hosted by Henderson County Library at The Texan from 9:00 a.m. -2:00 p.m.  October 9: Fall Festival at East Texas Arboretum from 9:00 a.m.-3:00 p.m. Keep Athens Beautiful events:  October 10 - Fall Decorating of the Square  October 15 – Fall Decorating Contest Judging.  October 23 – Take Back Drug Day PROCLAMATION – CONSTITUTION WEEK Mayor Clay read the Proclamation aloud declaring September 17th through 23rd as Constitution week. PRESENTATION AWARDING TRINITY VALLEY COMMUNITY COLLEGE SCHOLARSHIPS Emily Heglund, TVCC Foundation, Executive Director, announced the recipients from Trinity Valley Community College who were awarded the City of Athens Scholarships. Individuals receiving the scholarship are as follows:  Logan Warnock  Vanessa Velazquez  Alexis Robles  Aaron Prox  Mercedes Muirhead  Alexia Mejia-Oceguera  Mikiyah McCollister  Guadalupe Akala  Allyson Arabie  Caleb Hodges DISCUSS COVID CRISIS UPDATE AND REQUESTED ASSISTANCE FROM UT HEALTH EAST TEXAS Mr. C. Scott Campbell, Chief Executive Officer, UT Health Athens office presented an update on the Covid Crisis. Mr. Campbell explained the COVID-19 impact at the UTHET hospitals and clinics. Mr. Campbell stated 23.3% of the American Rescue Funds covers the $4.4 million needed for healthcare staffing for Henderson County patients. Throughout the presentation, there were questions from the City Council that were answered by Mr. Scott, Dr. Doug Curran, and Mr. Wes Knight. No action was taken. City Council Regular Session September 13, 2021 Page 3 CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE AUGUST 23, 2021, REGULAR SESSION b) CONSIDER APPROVING MINUTES OF THE SEPTEMBER 2, 2021, SPECIAL SESSION c) CONSIDER CONFIRMING THE REAPPOINTMENT OF JOHN GLOVER TO THE CIVIL SERVICE COMMISSION d) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CITY OF ATHENS ADMINISTRATIVE DIRECTIVES SECTION 7 LEAVE BY ADDING SECTION 7.14 IMPLEMENTING THE REQUIREMENTS OF HB 2073 AND SECTION 180.008, LOCAL GOVERNMENT CODE ESTABLISHING A QUARANTINE LEAVE POLICY e) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE CITY OF ATHENS ADMINISTRATIVE DIRECTIVES SECTION 7 LEAVE BY ADDING SECTION 7.15 IMPLEMENTING THE REQUIREMENTS OF SB 1359 AND SECTION 614.015, LOCAL GOVERNMENT CODE ESTABLISHING MENTAL HEALTH LEAVE POLICY FOR PEACE OFFICERS f) CONSIDER A RESOLUTION NOMINATING A CANDIDATE FOR HENDERSON COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS, PLACE 2 g) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT BETWEEN THE CITY OF ATHENS AND THE TEXAS DEPARTMENT OF TRANSPORTATION h) CONSIDER A RESOLUTION APPOINTING RANDY WILLIAMS, UTILITIES DIRECTOR, TO NECHES & TRINITY VALLEYS GROUNDWATER CONSERVATION DISTRICT (NTVGCD) A motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve the Consent Agenda. The motion carried unanimously. RESOLUTIONS a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION ADOPTING ATHENS ECONOMIC DEVELOPMENT CORPORATION’S BUDGET FOR FISCAL YEAR 2022 Ms. Joanie Ahlers, Economic Development Director, stated she is seeking approval of the AEDC budget and is present to answer any questions from the City Council regarding the budget. Councilmember Carroll expressed concern with the line item in the budget regarding the “spec building”. He requested that the item be tabled until additional information is obtained. He stated the item could appear on the next City Council agenda. A motion was made by Councilmember Carroll, seconded by Councilmember Smith to table the item until the next City Council meeting. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING AN AMENDMENT TO THE WINTERS OIL PERFORMANCE AGREEMENT Council Regular Session September 13, 2021 Page 4 Ms. Ahlers explained AEDC and the City Council previously approved the Performance Agreement for Winters Oil and the extension of public sewer to a new commercial development on 175 West. She stated the original dates for completion of the sewer and Certificate of Occupancy (CO) were Jan 30, 2021 and March 1, 2022. She stated due to multiple changes and the ability for the developer to get the project started, the AEDC Board approved to amend the completion dates for sewer to Feb 1, 2022 and Certificate of Occupancy to July 1, 2022. A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll to approve a Resolution authorizing an amendment to the Winters Oil Performance Agreement. The motion carried unanimously. c) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH HENDERSON COUNTY TO UTILIZE THE ETX INTEROP NETWORK FOR PUBLIC SAFETY INTEROPERABILITY EMERGENCY PURPOSES AND AUTHORIZE ASSOCIATED MONTHLY FEES Ms. Borstad stated the Memorandum of Understanding with Henderson County will allow the City to utilize the ETX INTEROP NETWORK for public safety interoperability emergency purposes. She stated this will allow the police and fire departments access. She stated there is an approximate dollar amount for use monthly. A motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve a Resolution authorizing the City Manager to enter into a Memorandum of Understanding with Henderson County to utilize the ETX INTEROP NETWORK for public safety interoperability emergency purposes and authorize associated monthly fees. The motion carried unanimously. HEAR UPDATE ON CAIN CENTER PROJECT Eric Berry of Berry and Clay presented a Cain Center Construction update. He stated the project should be substantially complete on September 28, 2021. He answered questions from the City Council regarding the progress and completion. HEAR UPDATE ON POLICE DEPARTMENT SITE SELECTION Ms. Borstad provided an update on the Hwy 175 site. She stated Frentress Engineering has surveyed the lot. She presented the property boundary lines of the 5-acre tract. She stated she imposed a footprint of a building. She stated there is a water line on-site, and she is still researching how to get sewer to the site. Mayor Clay asked what the next steps are, with Ms. Borstad stating obtaining preliminary construction estimates based on the two sites. HEAR UPDATE ON THE POTENTIAL FOR A SMALL, RURAL, AND TRIBAL (SRT) BODY-WORN CAMERA GRANT John Densmore, Chief of Police, provided an update on the potential for a Small, Rural, and Tribal (SRT) Body-Worn Camera Grant. Chief Densmore stated it is a matching grant to $2,000 per camera. He stated the agency could receive up to $64,000 in grant money that would be matched by the City over a course of three (3) years. PUBLIC HEARING CONCERNING A REQUEST FROM WINTERS OIL PARTNERSHIP FOR APPROVAL OF A SITE PLAN AMENDMENT FOR LOT 1R OF THE WALLACE ADDITION, B. C. WALTERS SURVEY A-797, ALSO KNOWN AS 6096 US HIGHWAY 175 WEST Council Regular Session September 13, 2021 Page 5 Audrey Sloan, Director of Development Services, discussed the location of the property and provided an overview of the request. Ms. Sloan explained the owner is proposing to revise the site plan that was approved in August of last year. The following changes are being proposed:  Revised parking lot layout & location of gas pumps  Location and size of the building has changed slightly (From 8,187 to 7,210 sq ft)  Addition of drive-through lane for restaurant  Revised location, size, and number of storm water detention areas  Addition of sign package  Location and size of drive approaches She stated letters of notification were sent to the three (3) surrounding property owners within two hundred (200) feet. One approval has been returned. Mayor Clay opened the Public Hearing. Ms. Deborah Deas expressed concern with empty buildings. Mayor Clay closed the Public Hearing. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM WINTERS OIL PARTNERSHIP FOR APPROVAL OF A SITE PLAN AMENDMENT FOR LOT 1R OF THE WALLACE ADDITION, B. C. WALTERS SURVEY A-797, ALSO KNOWN AS 6096 US HIGHWAY 175 WEST Bonnie Hambrick, City Secretary, read the caption of the Ordinance aloud. PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE ZONING USE CHART FOUND IN CHAPTER 22, ARTICLE IV, SECTION 22-32(M) OF THE CITY CODE OF ORDINANCES TO DESIGNATE “TATTOO OR BODY PIERCING” AS A PERMITTED USE IN RETAIL, CENTRAL BUSINESS DISTRICT, AND INDUSTRIAL ZONING DISTRICTS Ms. Sloan explained the current Zoning Ordinance allows for the use of “tattoo or body piercing” by right in Commercial zoning districts and by SUP in Retail and Industrial zoning districts. The use is currently prohibited in all other zoning districts. The proposed amendment would also allow the use of “tattoo or body piercing” by right in Retail, CBD, and Industrial zoning districts. Ms. Sloan explained tattooing and body piercing studios require a license through the Texas Department of State Health Services. Tattooing under the state license includes traditional tattooing as well as intradermal cosmetics also known as permanent makeup. Body piercing includes piercings other than the ear lobe and cosmetic implants. Ms. Sloan stated that tattooing and body piercing services are commonly offered at beauty salons, spas and similar establishments. She stated Planning and Zoning Commission did recommend approval of the proposed amendment and explained an alternative option for amendment would be to allow the use by SUP in CBD zoning. Discussion occurred among Council members. Mayor Clay opened the Public Hearing. Jeffrey Enoch Sr. asked general questions about the Deja Bougie Salon located in the CBD. Deborah Deas asked if the neighboring businesses are notified of SUP requests. Mayor Clay stated yes and the neighboring business owners will have an opportunity to speak at the Planning and Zoning Commission and City Council meetings. Council Regular Session September 13, 2021 Page 6 Jeannie Elise, owner of Deja Bougie Salon, stated she is in favor of the amendment. Without it, she cannot obtain the state tattoo studio license at her current business location. Mayor Clay Closed the Public Hearing. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND THE ZONING USE CHART FOUND IN CHAPTER 22, ARTICLE IV, SECTION 22-32(M) OF THE CITY CODE OF ORDINANCES TO DESIGNATE “TATTOO OR BODY PIERCING” AS A PERMITTED USE IN RETAIL, CENTRAL BUSINESS DISTRICT, AND INDUSTRIAL ZONING DISTRICTS Ms. Hambrick read the caption of the Ordinance aloud. PUBLIC HEARING CONCERNING A REQUEST FROM THE CITY OF ATHENS FOR APPROVAL OF A ZONING CHANGE FROM RETAIL TO PLANNED DEVELOPMENT – 1 FOR LOT 5, BLOCK 10 OF THE LARGE LOTS AND LOTS 4C, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, F, G1, G2 & H2 OF THE T. PARMER SURVEY A-782, LOCATED ON EAST CORSICANA STREET AND KNOWN AS PROPERTY ID NUMBERS C1810, C1977, C1979, C1980, C1981 AND C122874 Ms. Sloan explained the property is located on East Corsicana Street immediately behind City Hall (508 East Tyler Street). The current zoning of the property is Retail. The zoning change to Planned Development – 1 is being requested so that site plan approval would be required if the property is developed in the future. Letters of notification were sent to the eighteen (18) surrounding property owners within two hundred (200) feet and one (1) approval letter received from the owner at 411 E. Corsicana Street. Mayor Clay opened the Public Hearing, there being no comments. Mayor Clay closed the Public Hearing. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM THE CITY OF ATHENS FOR APPROVAL OF A ZONING CHANGE FROM RETAIL TO PLANNED DEVELOPMENT – 1 FOR LOT 5, BLOCK 10 OF THE LARGE LOTS AND LOTS 4C, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, F, G1, G2 & H2 OF THE T. PARMER SURVEY A-782, LOCATED ON EAST CORSICANA STREET AND KNOWN AS PROPERTY ID NUMBERS C1810, C1977, C1979, C1980, C1981 AND C122874 Ms. Hambrick read the caption of the Ordinance aloud. HEAR UPDATE ON AIRPORT RATE STUDY Tim Perry, Director of Public Works, explained that a review of the airport rates was requested. He stated staff contacted 20 airports within about a 150-mile radius of Athens that were comparable to our size. Our current land lease rates are based on .06 cents per square foot of property that the private hangar is constructed on annually. The average rate from our survey is .13 cents per square foot annually. The current T hanger rates are $200 a month. Cities contacted Had an average rate of $157 a month, but most everyone said they were going to increase the rates soon. Mr. Perry recommended an increase to the land lease rates from .06 cents to thirteen cents (.13) a square foot annually, and a T hangar rate increase from two-hundred dollars $200 per month to two hundred twenty-five dollars ($225) a month. Council Regular Session September 13, 2021 Page 7 DISCUSS FIRST READING OF AN ORDINANCE AMENDING CHAPTER 23 FEES AND COST OF SERVICES FOR THE CITY OF ATHENS CODE OF ORDINANCES Mandie Quigg, Finance Director, presented the proposed fee updates for Airport, Cain Center Fitness Classes and Utility Deposits as follows: Description: Current: Proposed: Airport - Land Leases $0.06 sq. ft. $0.13 sq. ft. Airport - T-Hangar Leases $200 mo. $225 mo. Cain Center - Fitness Class - (Per class) $5 Cain Center - Fitness Class - Punch Card (16 classes) $60 Cain Center - Foyer Rental Multiple Utility - Residential Deposit $50 $100 Utility - Commercial Deposit $100 $150 Utility - Service Connection $30 $35 Ms. Quigg, presented the Republic Services changes as follows: Description: Current 10/01/21 Residential Pickup - Weekly $14.61 $15.11 Commercial Handload — Weekly $25.02 $25.87 Commercial 2YD -1x Weekly $65.91 $68.15 Commercial 4YD -1x Weekly $101.21 $104.65 Commercial 6YD -1x Weekly $128.85 $133.23 Compost Site 30YD $375.00 $375.00 Ms. Quigg presented proposed fees for collections of a reimbursement fee for processing electronic payments as follows: Description: Current: Proposed Non-Departmental - Debit Card Reimbursement Fees - 1% Non-Departmental - Credit Card Reimbursement Fees - 3% Sanitation Admin Fee - Residential - $0.25 Sanitation Admin Fee - Commercial - $0.50 Ms. Hambrick read the caption of the Ordinance aloud. DISCUSS FIRST READING OF AN ORDINANCE AMENDING THE BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2021 Ms. Quigg explained the following amendments to Fiscal Year 2021 Budget as follows: Council Regular Session September 13, 2021 Page 8 Airport Fund: 11-536-6504 AWOS Weather System at Airport $17,955 Utility Fund: 40-565-6308 West Wastewater Plant Clarigester $45,505 40-565-6504 Pump for WWTP $18,070 40-565-6530 Trickling Filter Distributor $106,500 Ms. Hambrick read the caption of the Ordinance aloud. DISCUSS FIRST READING OF AN ORDINANCE AMENDING CHAPTER 3 AIRPORT, ARTICLE 2 AIRPORT ADVISORY BOARD, SECTION 3-21 OF THE CITY OF ATHENS CODE OF ORDINANCES Mr. Perry explained the Airport Advisory Board voted unanimously to recommend the expansion of the Airport Advisory Board. They believe the two (2) additional non-city resident members would benefit the development of the airport by providing information that impacts the entire county, not just the city. Ms. Hambrick read the caption of the Ordinance aloud. EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE: SECTION 551.072- DELIBERATION REGARDING REAL PROPERTY – TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY a) NEXUS SOLAR -DBA ATHENA SOLAR The City Council convened in Executive Session at 7:16 p.m. The City Council returned to Regular Session at 7:50 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) NEXUS SOLAR -DBA ATHENA SOLAR A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll to approve the purchase and sale agreement between the Athens Economic Development Corporation and Athena Solar LLC. with the amendment to item number 11 on the sales agreement to add “with written notice to the seller” to the existing verbiage. The motion carried unanimously. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Ms. Borstad provided the following future agenda items:  Definitions of shooting ranges will appear on a future Planning and Zoning Commission agenda before coming to the City Council  Property maintenance code Ordinance Ms. Hambrick stated the TxDOT traffic study of the downtown square. ADJOURN The meeting was adjourned at 7:52 p.m. PASSED AND APPROVED THIS THE 27th DAY OF SEPTEMBER 2021. Council Regular Session September 13, 2021 Page 9 ___________________________ Toni Clay, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary