Athens City Council

REGULAR SESSION MARCH 13, 2023 The City Council of the City of Athens, Texas, met in Regular Session on Monday, March 13, 2023, at 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: Robert Gross, Mayor Pro Tem SyTanna Freeman Mark Carroll Cody Craig Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: John Densmore, Chief of Police; Tim Perry, Public Works Director; Randy Williams, Utilities Director; Wanda Paul, Tourism and Events Coordinator; Michael Hannigan, Tourism/Social Media Manager; Schee Adams, Administrative Clerk; Lance West, Fire Marshal; Sissy Geddie, Human Resources Manager; Sandy Murillo, Administrative Assistant; Noemi Lopez, Development Services Coordinator; and many members of the Athens Fire Department, including: Michael Brown, Fire Fighter; Mark Oliver, Fire Fighter; Chad Burks, Fire Captain; Ricky Harris, Fire Lieutenant; Rhett Randolph, Fire Fighter; & Brock Bozeman, Fire Driver. Others present: Aaron Smith, Elvis Allen, Kenneth Lane, Deborah Deas, Brad Rummel, Ed Gatlin, Mrs. Patricia Andrews, Jeffrey Enoch, Larry West, Gregory Werner, Carol Morton, Blake Daniels and other interested citizens. With the following member absent Toni Clay. constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The invocation was given by Robert Gross, Mayor Pro Tem. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. OATH OF OFFICE TO NEWLY APPOINTED COUNCILMEMBER PLACE 2, CODY CRAIG Robert Gross, Mayor Pro Tem thanked Mr. Craig for volunteering. Bonnie Hambrick, City Secretary, administered the Oath of Office to newly appointed Councilmember, Place 2 Cody Craig, and issued the Certificate of Appointment. DECLARATION OF CONFLICT OF INTEREST Not addressed. No Action was taken. ELECTION OF INTERIM MAYOR PRO TEM A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll, to elect Robert Gross as interim Mayor Pro Tem. The motion carried unanimously. PUBLIC COMMUNICATIONS There were no public comments. City Council Regular Session March 13, 2023 Page 2 MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY ANNOUNCEMENT OF COMMUNITY EVENTS Wanda Paul, Tourism and Events Coordinator, announced the following events:  3/13-3/17 The Zone for Teens @ Cain Center from 1:30 p.m.-5:30 p.m.  3/17 First Fish Friday @ Fish Hatchery from 9:00 a.m.- 4:00 p.m.  3/18 Food Truck Friday @ TVCC from 6:00 p.m. to 9:00 p.m.  3/25 Texas Fin-Fur Con Merritt Badge University @ Fish Hatchery from 8:30 a.m. – 5:00 p.m.  3/ 25 Farmer’s Market Pop Up @ TVCC from 11:00 a.m. – 2:00 p.m. Elizabeth Borstad, City Manager, asked Fire Marshal Lance West to provide a brief overview of the Citizens Fire Academy. Fire Marshal West stated that the academy begins on Thursday, March 23rd, and will last 6 weeks. The academy will be on Thursday evenings from 6 p.m. to 9 p.m. He also stated that he currently has six (6) citizens interested. The academy provides the history of the Athens Fire Department and teaches new tactical techniques. Mayor Pro Tem Gross stated that the City Council would move to the following agenda items: Executive Session Pursuant to the Texas Government Code, Section 551.072 (Deliberation regarding City-owned real property; Closed Meeting) to deliberate the purchase, exchange, lease, or value of real property 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) Fire Chief Consider and take action, as necessary, resulting from deliberations in Executive Session Pursuant to the Texas Government Code, Section 551.072 (Deliberation regarding City-owned real property; Closed Meeting) to deliberate the purchase, exchange, lease, or value of real property Consider and take action, as necessary, resulting from deliberations in 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) Fire Chief The City Council adjourned to Executive Session at 5:36 p.m. The City Council returned to Special Session at 5:52 p.m. CONSIDER AND TAKE ACTION, AS NECESSARY, RESULTING FROM DELIBERATIONS IN EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.072 (DELIBERATION REGARDING CITY-OWNED REAL PROPERTY; CLOSED MEETING) TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY No action was taken. CONSIDER AND TAKE ACTION, AS NECESSARY, RESULTING FROM DELIBERATIONS IN 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: b) FIRE CHIEF City Council Regular Session March 13, 2023 Page 3 Ms. Borstad explained the hiring process for the new Fire Chief. She stated that the process began in December with posting the position. 40 candidates applied. It was narrowed to eight (8) based on qualifications, experience, and education, in which interviews were conducted with a panel that included the City Manager, Fire Fighters, employees, and HR. It was then narrowed down to three (3) candidates, with one (1) candidate withdrawing his application. The two (2) remaining candidates went through vigorous interviews with the City Council and staff members. She stated that Mr. Gregory Werner, the Assistant Fire Chief from the City of Murphy, is the finalist. Ms. Borstad stated Mr. Werner is her recommendation and asked the City Council to appoint Mr. Werner as the Fire Chief for the City of Athens. A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll to appoint Gregory Werner as the Fire Chief for the City of Athens. The motion carried unanimously. Mr. Werner stated he was excited to be here and is scheduled to start on May 1, 2023. CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE FEBRUARY 27, 2023, REGULAR SESSION. b) CONSIDER A RESOLUTION AMENDING POLLING LOCATIONS FOR THE MAY 6, 2023, CITY OF ATHENS GENERAL ELECTION c) CONSIDER A RESOLUTION AUTHORIZING THE APPOINTMENT OF ELECTION JUDGES AND ALTERNATE ELECTION JUDGES FOR THE MAY 6, 2023, CITY OF ATHENS GENERAL ELECTION d) JANUARY 2023 MONTHLY REVENUE AND EXPENSE REPORT A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to approve the Consent Agenda The motion carried unanimously. PUBLIC HEARING CONCERNING A REQUEST FROM OWNER KENNETH LANE FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO PLANNED DEVELOPMENT WITH MANUFACTURED HOME BASE ZONING FOR A TINY HOME COMMUNITY FOR BLOCK 1, LOT 1 OF THE LANE ADDITION, R. A. CLARK SURVEY A-171; LOCATED AT 311 WOOD ST Ms. Borstad gave an overview of the request. This property is located on Wood St and is currently vacant. The zoning of the property is Agriculture. The surrounding area has a mix of zoning districts including Single-Family, Multi-Family, Multi-Family Planned Development, Commercial, and Industrial. The Future Land Use Plan designates the property for Medium & Low-Density Residential Use. Ms. Borstad presented the current zoning map and future land use plan. Ms. Borstad stated that letters of notification were sent to the 36 surrounding property owners within 200 ft one (1) notification was received during the planning and zoning commission meeting with concerns regarding the development and the proximity of residential housing. Ms. Borstad further explained the current zoning district most similar to the proposed use is “Manufactured Home, and it has therefore been designated as the base zoning district  Sidewalks – proposal includes sidewalks along Wood St & Woodland Dr, but does not include internal sidewalks.  Maximum acreage – property is 39 acres, although entire acreage will not be developed in Phase I  Minimum floor area per dwelling unit 399 square feet per unit  Dumpster locations – proposal includes dumpsters located more than 250’ from some spaces.  Screening – proposal includes vegetative screening in some areas.  Parking spaces City Council Regular Session March 13, 2023 Page 4 Ms. Borstad explained staff had reviewed the proposed civil plans, and they are substantially compliant with the city regulations. Councilmember Gross asked if the item passed the Planning and Zoning Commission. Ms. Borstad stated the item went to the Planning and Zoning Commission, and several stipulations were added by the Commission. Ms. Hambrick, read the following stipulations:  Titled as an RV  10 years old or newer with the exception of 10% of the useable lots  Functioning security gate at all times  Visitor parking 20% of the available spot to rent.  Southern tree buffer must remain and be designated on the site plan Mr. Lane and Cory Frentress answered questions and provided clarification on the project. There was discussion regarding definitions of Tiny Home versus Recreational Vehicle. Mayor Pro Tem Robert Gross opened the public hearing. Blake Daniels asked for clarification regarding the installation of curb and gutter from the developer. Ms. Borstad explained the requirements of the developer. Mr. Daniels expressed concern with RV versus tiny homes. Mr. Lane stated they are all tiny homes are considered RVs. Mr. Lane provided additional information regarding the development. There being no further comments. The Public hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM OWNER KENNETH LANE FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO PLANNED DEVELOPMENT WITH MANUFACTURED HOME BASE ZONING FOR A TINY HOME COMMUNITY FOR BLOCK 1, LOT 1 OF THE LANE ADDITION, R. A. CLARK SURVEY A-171; LOCATED AT 311 WOOD ST Additional discussion between the City Council and Mr. Lane regarding the development that included the current zoning district, age of RVs, the definition of RV, fencing requirements, parking, storage, personal property taxes, and infrastructure. Councilmember Carroll requested a current lease agreement by the next meeting. Mayor Pro Tem Gross requested staff to contact the appraisal district regarding if the RV would have a personal property tax assessed. He also asked Mr. Lane the amount being charged for rent, with Mr. Lane stating between $800 and $1000 per month. Ms. Hambrick read the caption of the Ordinance aloud. PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE USE REGULATION CHART FOUND IN CHAPTER 22, ARTICLE IV, SECTION 22- 32(O) TO ALLOW FOR THE USE OF “CONCRETE OR ASPHALT BATCH PLANT (PERMANENT)” TO BE LOCATED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS WITH A SPECIFIC USE PERMIT Ms. Borstad stated the current Zoning Ordinance does not allow for the use of a permanent concrete or asphalt batch plant in any zoning district. The proposed amendment would allow the use in Commercial & Industrial zoning districts by Specific Use Permit. Mayor Pro Tem Gross opened the Public Hearing. There were no comments. City Council Regular Session March 13, 2023 Page 5 The Public Hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND THE USE REGULATION CHART FOUND IN CHAPTER 22, ARTICLE IV, SECTION 22-32(O) TO ALLOW FOR THE USE OF “CONCRETE OR ASPHALT BATCH PLANT (PERMANENT)” TO BE LOCATED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS WITH A SPECIFIC USE PERMIT Ms. Hambrick read the caption of the Ordinance aloud. PUBLIC HEARING CONCERNING A REQUEST TO AMEND THE MINIMUM SETBACK REQUIREMENTS FOUND IN CHAPTER 22, ARTICLE III, SECTION 22-29(D)(2) FOR INDUSTRIAL ZONING DISTRICTS Ms. Borstad stated the current Zoning Ordinance specifies that the minimum front yard setback for Industrial zoning districts shall be fifty (50) feet. She stated that staff has reviewed the requirement and made the recommendation to amend the minimum front yard setback to twenty- five (25) ft. Mayor Pro Tem Gross opened the Public Hearing. There were no comments. The Public Hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND THE MINIMUM SETBACK REQUIREMENTS FOUND IN CHAPTER 22, ARTICLE III, SECTION 22-29(D)(2) FOR INDUSTRIAL ZONING DISTRICTS Ms. Hambrick read the caption of the Ordinance aloud. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Joint Work Session between City Council and the Planning and Zoning Commission is scheduled for March 27, 2023, ADJOURN The meeting adjourned at 6:34 P.M. PASSED AND APPROVED THIS THE 27TH DAY OF MARCH 2023. _____________________________ Toni Clay, Mayor ATTEST: ________________________________ Bonnie Hambrick, City Secretary