Athens City Council

REGULAR SESSION MAY 23, 2022 The City Council of the City of Athens met in Regular Session on Monday, May 23, 2022, 5:30 p.m. in the Civic Hall, Room 216 of the Cain Center 915 S. Palestine Street, 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: Rodney Williams, Assistant Chief of Police; Mandie Quigg, Finance Director; Audrey Sloan, Director of Development Services; Noemi Lopez, Administrative Clerk; Randy Williams, Utilities Director; Tim Perry, Public Works Director; Chris Baker, Cain Center Director; Whitney Warren, Tourism and Events Coordinator. Others present: Michael Hannigan, Rich Flowers, Pastor Ernest Freeman, Tabitha Peters Page, Emmi Page, Tommie Thomas, Debra Wilson, Lakita Hadnot, Lynne Littrell, Jack Littrell, Brittany Harris, Jim Kerlin, Philip Parnell, Jeffrey Enoch Sr., Mona Cerrillo, DJ Warren, Thomas Rivera, Todd McFarland, Wanda Paul, Nikki Enoch, Kathy Givens Walker, and other interested citizens. 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 Mayor Clay. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS Lynne Littrell asked the City Council to make Athens a Sanctuary City for the Unborn. Jeffrey Enoch Sr. provided an update on the Juneteenth Rodeo & Celebration scheduled for June 11, 2022, at the Henderson County Regional Fair Complex. He invited the City Council and the public to the event. OATH OF OFFICE ADMINISTERED TO THE RE-ELECTED COUNCILMEMBER PLACE 2, AARON SMITH Bonnie Hambrick, City Secretary, administered the Oath of Office to re-elected Councilmember Place 2, Aaron Smith. OATH OF OFFICE ADMINISTERED TO THE RE-ELECTED COUNCILWOMAN PLACE 3, SYTANNA FREEMAN City Council Regular Session May 23, 2022 Page 2 Ms. Hambrick administered the Oath of Office to re-elected Councilwoman Place 3, SyTanna Freeman. ELECTION OF MAYOR PRO TEM A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll to elect Aaron Smith as Mayor Pro Tem. The motion carried by the following vote: Ayes: Mayor Clay, Councilwoman Freeman, Councilmember Carroll; Nays: None, Abstained: Councilmember Smith. RECOGNITION – MUNICIPAL CLERK’S OFFICE ACHIEVEMENT OF EXCELLENCE AWARD Elizabeth Borstad, City Manager, stated the City Secretary's Office has been recognized by the Texas Municipal Clerks Association (TMCA) and has received the Municipal Clerk’s Office Achievement of Excellence Award. She stated a Municipal Clerk’s office is awarded the Achievement of Excellence Award based on whether they met the criteria in nine of the twelve stated standards: Records Management, Professional Development/Certifications, Government Transparency, Elections, Awards/Recognition of Office, Public Information Act, Open Meetings Act, Boards/Commissions, Municipal Clerk Office Policies/Procedures, Other Responsibilities, Streamline Projects, Establish Departmental Training. The Municipal Clerk’s office consists of Bonnie Hambrick, City Secretary, and Noemi Lopez, Administrative Clerk. PROCLAMATION – JUNETEENTH EMANCIPATION CELEBRATION DAY Mayor Clay proclaimed June 19, 2022, as “Juneteenth Emancipation Celebration Day”. MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY Whitney Warren, Tourism and Events Coordinator, announced the following events:  June 1, 2022: District 5 4-H Horse Show at the Henderson County Regional Fairpark Complex  June 4, 2022: Celebrate Free Fishing Day at Texas Freshwater Fisheries Center  June 4-5, 2022: Fire It Up Productions Team Roping at Henderson County Regional Fairpark Complex  June 10, 2022: Juneteenth Celebration at The Cain Center  June 11, 2022: Endless Summer: America’s Beach Boy Experience presented by GigFinesse at The Texan  June 17-19, 2022: World Series Team Roping at the Henderson County Regional Fairpark Complex  June 22-25, 2022: USEDC Drill Team at the Henderson County Regional Fairpark Complex CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE MAY 9, 2022, REGULAR SESSION b) CONSIDER APPROVING MINUTES OF THE MAY 17, 2022, SPECIAL SESSION c) CONSIDER A RESOLUTION AWARDING BID NUMBER IFB22-3202 TO FDC CONSTRUCTION FOR THE 2022 ASPHALT PAVING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT d) CONSIDER A RESOLUTION AWARDING BID NUMBER IFB22-3203 TO REYNOLDS AND KAY, LTD. FOR THE 2022 SEAL COAT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT City Council Regular Session May 23, 2022 Page 3 e) CONSIDER THE APPOINTMENT OF JIM KERLIN TO THE PLANNING AND ZONING COMMISSION f) APRIL 2022 MONTHLY REVENUE AND EXPENSE REPORT Councilmember Carroll asked that Consent agenda items a) Consider approving minutes of the May 9, 2022, Regular Session, e) Consider the appointment of Jim Kerlin to the Planning and Zoning Commission, and f) April 2022 Monthly Revenue and Expense Report be removed from the consent agenda. b) CONSIDER APPROVING MINUTES OF THE MAY 17, 2022, SPECIAL SESSION c) CONSIDER A RESOLUTION AWARDING BID NUMBER IFB22-3202 TO FDC CONSTRUCTION FOR THE 2022 ASPHALT PAVING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT d) CONSIDER A RESOLUTION AWARDING BID NUMBER IFB22-3203 TO REYNOLDS AND KAY, LTD. FOR THE 2022 SEAL COAT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT A motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve consent agenda items b) Consider approving minutes of the May 17, 2022, Special Session, c) Consider a Resolution awarding Bid Number IFB22-3202 to FDC Construction for the 2022 Asphalt Paving Services and authorizing the City Manager to execute the agreement, and d) Consider a Resolution awarding Bid Number IFB22-3203 to Reynolds and Kay, LTD. for the 2022 Seal Coat Program and authorizing the City Manager to execute the agreement. The motion carried unanimously. a) CONSIDER APPROVING MINUTES OF THE MAY 9, 2022, REGULAR SESSION A motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve Consent Agenda item a) Consider approving minutes of the May 9, 2022, Regular Session. The motion carried by the following vote: Ayes: Mayor Clay, Councilmember Smith, Councilwoman Freeman, Nays: None, Abstain: Councilmember Carroll. e) CONSIDER THE APPOINTMENT OF JIM KERLIN TO THE PLANNING AND ZONING COMMISSION f) APRIL 2022 MONTHLY REVENUE AND EXPENSE REPORT Councilmember Carroll recognized and thanked Mr. Kerlin for his willingness to serve on the Planning and Zoning Commission. Mayor Clay thanked him as well. Councilmember Carroll acknowledged the Sales Tax Revenue increased 18 percent for the month of May compared to surrounding cities. He thanked staff for their work. A motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve Consent Agenda items e) Consider the appointment of Jim Kerlin to the Planning and Zoning Commission, and f) April 2022 Monthly Revenue and Expense Report. The motion carried unanimously. RESOLUTIONS a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING ATHENS ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE THE BIOMERICS LOAN AGREEMENT FOR LOBBY CONSTRUCTION 1702/1704 ENTERPRISE STREET City Council Regular Session May 23, 2022 Page 4 Ms. Borstad presented the item, she stated this is a construction loan that has been discussed in various City Council and AEDC meetings. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman to approve a Resolution authorizing Athens Economic Development Corporation to execute the Biomerics Loan agreement for lobby construction 1702/1704 Enterprise Street. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING ATHENS ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE BIOMERICS SECOND AMENDMENT TO INDUSTRIAL LEASE Mayor Clay stated that the item was being tabled. No action was taken. CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FROM THOMAS RIVERA FOR APPROVAL OF A SPECIFIC USE PERMIT FOR MANUFACTURED HOME USE IN A SINGLE-FAMILY – 5 ZONING DISTRICT FOR LOT 7H, BLOCK 109 OF ATHENS ORIGINAL TOWN, B. C. WALTERS SURVEY, ABSTRACT 797; LOCATED AT 495 EDMONSON ST. OWNER: JOSE RIVERA-ROCHA Audrey Sloan, Director of Development Services, stated this was a request for a Specific Use Permit for a manufactured home, and no changes have been made. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilwoman Freeman, seconded by Councilmember Smith to approve an Ordinance concerning a request from Thomas Rivera for approval of a specific use permit for manufactured home use in a Single-Family – 5 zoning district for Lot 7H, Block 109 of Athens Original Town, B. C. Walters Survey, Abstract 797; located at 495 Edmonson St. Owner: Jose Rivera-Rocha. After roll call vote, the motion passed with the following record vote: Toni Clay, Mayor Aye Aaron Smith, Mayor Pro Tem Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FROM CRYSTAL DAMRON FOR APPROVAL OF A ZONING CHANGE FROM MULTI-FAMILY – 5 TO PLANNED DEVELOPMENT WITH MULTI-FAMILY – 5 BASE ZONING FOR LOT 1C, BLOCK 73 OF ATHENS ORIGINAL TOWN, T. PARMER SURVEY, ABSTRACT 782; LOCATED AT 500 VALLE VISTA DR. OWNER: VALLE VISTA INVESTMENTS INC. Ms. Sloan stated the Ordinance caption has been updated to Planned Development since the last meeting. This would allow for the proposed use, but not other variant uses that commercial zoning would allow. Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session May 23, 2022 Page 5 A motion was made by Councilmember Carroll, seconded by Councilmember Smith to approve an Ordinance concerning a request from Crystal Damron for approval of a zoning change from Multi-Family – 5 to Planned Development with Multi-Family – 5 base zoning for Lot 1C, Block 73 of Athens Original Town, T. Parmer Survey, Abstract 782; located at 500 Valle Vista Dr. Owner: Valle Vista Investments Inc. After roll call vote, the motion passed with the following record vote: Toni Clay, Mayor Aye Aaron Smith, Mayor Pro Tem Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FROM BILLY ROBINSON FOR APPROVAL OF A SITE PLAN FOR OFFICE AND AUTO STORAGE USE LOCATED IN THE PLANNED DEVELOPMENT – 2 ZONING DISTRICT FOR TRACT 99, C. M. WALTERS SURVEY, ABSTRACT 800; LOCATED AT 3001 NW LOOP 7. OWNER: ROBINSON CONSTRUCTION ENTERPRISE LLC Ms. Sloan stated two (2) stipulations have been added based on feedback from Council. The first stipulation is that the screening fence around the property will be required to be erected prior to the storage of any vehicles or items. The second stipulation is that the proposed temporary building shall only be allowed on the site for up to two (2) years. She stated the stipulations have been discussed with the property owner and he is in agreement. Discussion occurred regarding the process if the temporary building was not removed in the two (2) year time frame, with Ms. Sloan stating if they were not in compliance the site plan would have to come back to the City Council for an extension. Ms. Sloan gave an update on the drive approach, she stated TxDOT will only approve one (1) drive approach rather than the two (2) that were shown in the original site plan. The property owners have been working with TxDOT and agreed on an approach onto the property. She stated a Final Site Plan has not been turned in. Staff ask that an additional stipulation be added if approved, that the Final Site plan showing the location of the drive approach as approved by TxDOT be turned in for city records. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll to approve an Ordinance concerning a request from Billy Robinson for approval of a site plan for office and auto storage use located in the Planned Development – 2 zoning district for Tract 99, C. M. Walters Survey, Abstract 800; located at 3001 NW Loop 7. Owner: Robinson Construction Enterprise LLC. with a stipulation that the finalized site plan showing the location of the drive approach as approved by TxDOT. After roll call vote, the motion passed with the following record vote: Toni Clay, Mayor Aye Aaron Smith, Mayor Pro Tem Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Voted in favor of the motion 4 City Council Regular Session May 23, 2022 Page 6 Voted against the motion 0 Motion carried 4-0 MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Mayor Clay stated the budget season is approaching, there for budget meetings will begin. Councilmember Carroll requested a joint work session with AEDC. Mayor Clay stated she would like to hear a recap of 2021-2022. ADJOURN The meeting adjourned at 6:03 p.m. PASSED AND APPROVED THIS THE 13th DAY OF JUNE 2022. ___________________________ Toni Clay, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary