Athens City Council

REGULAR SESSION MONDAY, MAY 22, 2023 The City Council of the City of Athens, Texas, met in Regular Session on Monday, May 22, 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: Toni Clay, Mayor Aaron Smith, Mayor-Elect Robert Gross SyTanna Freeman Mark Carroll Cody Craig Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: Rodney Williams, Assistant Chief of Police; Michael Hannigan, Tourism/ Social Media Manager; Randy Williams, Utilities Director; Chris Baker, Cain Center Director; Wanda Paul, Tourism and Events Coordinator; Sissy Geddie, Human Resources Manager; Jame Sealey, Police Records Clerk; Matthew Durrett, Parks Superintendent; Sandy Murillo, Administrative Assistant; Greg Werner, Fire Chief; Tim Perry, Public Works Director; Mandie Quigg, Finance Director; Schee Adams, Administrative Clerk. Others present: Renee Smith, Kyle Smith, Kara Smith, Katie Smith, Pam Fling, Carolyn Rowell, Eddie Smith, David and Deborah Deas, Drew Boring, Eric Smith, John Sealey, Eric Berry Brent Muecke, Juliet Durrett, Roy Clay, Debra Wilson, and other interested citizens Constituting a quorum at which time the following proceedings were enacted, to – wit: INVOCATION The invocation was given by Elizabeth Borstad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS Brent Muecke, 5880 HCR 4518, LaRue, Texas 75770, expressed safety concerns at Kiwanis Park. ADMINISTRATION OF OATH TO RECENTLY ELECTED CITY COUNCILMEMBER PLACE 1 MARK CARROLL AND THE CERTIFICATE OF ELECTION Bonnie Hambrick, City Secretary, administered the Oath of Office to recently elected City Councilmember Place 1 Mark Carroll and issued the Certificate of Election. ADMINISTRATION OF OATH TO RECENTLY ELECTED MAYOR AARON “BUBBA” SMITH AND THE CERTIFICATE OF ELECTION Ms. Hambrick administered the Oath of Office to recently elected Mayor Aaron “Bubba” Smith and issued the Certificate of Election. SEATING OF MAYOR AND COUNCILMEMBER PLACE 1 City Council Regular Session May 22, 2023 Page 2 Councilmember Carroll was seated. Mayor-Elect Smith presented former Mayor Clay with a certificate of service and appreciation. Mayor Smith was seated and presided over the meeting. ELECTION OF MAYOR PRO TEM A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll, to elect Councilmember Gross as Mayor Pro Tem. The motion carried unanimously. MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY ANNOUNCEMENT OF COMMUNITY EVENTS  Farmers Market – May through July  Food Truck Fridays – 6:00 p.m. - 10:00 p.m.  5/25- Meet and Greet Jody Nix @ The Texan 5:00 p.m. -10:00 p.m. Dinner & Dance  5/26-28-East Texas Stock Horse @ Henderson County Regional Fairpark  5/25,26,27—Old Fiddlers Reunion Downtown Athens  5/27-East Texas Crisis Center Walk a Mile in Her Shoes event.  6/3-Fish Tag Friend-zy 9:00 a.m.-4:00 p.m. @ The Texas Freshwater Fisheries  6/3-4-Team Roping @ Henderson County Regional Fairpark  6/5- Clint Murchison Library Summer Reading Program kick-off CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF MAY 8, 2023, REGULAR SESSION b) CONSIDER APPROVING THE MINUTES OF MAY 15, 2023, SPECIAL SESSION c) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH CCB EVENTS, LLC. FOR USE OF THE TEXAN d) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH STRATEGIC GOVERNMENT RESOURCES (SGR) FOR INTERIM POLICE CHIEF SERVICES e) CONSIDER A RESOLUTION AWARDING IFB23-1702, PURCHASE OF FURNITURE FOR THE NEW POLICE STATION, TO TEXAS FURNITURE SOURCE INC. AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT f) CONSIDER A RESOLUTION AWARDING IFB23-3401, ELECTRICAL REPAIRS AT O.D. BAGGETT PARK TO RNR CONTRACTORS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT g) CONSIDER A RESOLUTION AWARDING IFB23-3402 FOR THE REPLACEMENT OF THE STEEL BUILDING AT THE SERVICE CENTER TO ATHENS STEEL BUILDING AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT h) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AIRPORT LAND LEASE AGREEMENT WITH MARK KNOWLES FOR LOT 5 AREA 3B AT ATHENS MUNICIPAL AIRPORT, PREVIOUSLY OWNED BY ALAN COLEMAN City Council Regular Session May 22, 2023 Page 3 i) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH KEVIN HALBERT FOR T- HANGAR #3 AT ATHENS MUNICIPAL AIRPORT, PREVIOUSLY OCCUPIED BY BRANDON SMITH j) FISCAL YEAR 2024 BUDGET CALENDAR k) APRIL 2023 MONTHLY REVENUE AND EXPENSE REPORT There were requests to remove the following Consent Agenda items for further discussion: f) CONSIDER A RESOLUTION AWARDING IFB23-3401, ELECTRICAL REPAIRS AT O.D. BAGGETT PARK TO RNR CONTRACTORS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT g) CONSIDER A RESOLUTION AWARDING IFB23-3402 FOR THE REPLACEMENT OF THE STEEL BUILDING AT THE SERVICE CENTER TO ATHENS STEEL BUILDING AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to approve Consent Agenda items a,b,c,d,e,h,i,j, and k. The motion carried unanimously. f) CONSIDER A RESOLUTION AWARDING IFB23-3401, ELECTRICAL REPAIRS AT O.D. BAGGETT PARK TO RNR CONTRACTORS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT A motion was made by Councilmember Gross, seconded by Councilmember Craig, to reject the bid received for IFB23-3401 Electrical Repairs at O.D. Baggett Park. The motion carried unanimously. g) CONSIDER A RESOLUTION AWARDING IFB23-3402 FOR THE REPLACEMENT OF THE STEEL BUILDING AT THE SERVICE CENTER TO ATHENS STEEL BUILDING AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT Councilmember Carroll asked about the replacement value from the insurance company and stated he wanted to ensure the city does not incur out-of-pocket expenses that should have been covered by the insurance. Ms. Borstad explained that staff is waiting for the supplement cost from the insurance company. A motion was made by Councilmember Carroll, seconded by Councilmember Gross, to approve a Resolution awarding IFB23-3402 for the replacement of the Steel Building at the Service Center to Athens Steel Building and authorize the City Manager to enter into an agreement. The motion carried unanimously. HEAR AN UPDATE ON ATHENS POLICE DEPARTMENT CONSTRUCTION PROJECT Elizabeth Borstad, City Manager, stated that meetings are occurring to update staff on the progress of the building, and walk-throughs are available. Eric Berry presented a construction video with the progress of the police department building. HEAR PRESENTATION – DEVELOPMENT OF A FLIGHT SCHOOL John Sealey presented an overall vision of the SkySchool of East Texas Hangar Construction Project. City Council Regular Session May 22, 2023 Page 4 RESOLUTIONS a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION ESTABLISHING AN INTERJURISDICTIONAL EMERGENCY MANAGEMENT PROGRAM WITH HENDERSON COUNTY Greg Werner, Fire Chief, stated the item would establish an Interjurisdictional Emergency Management Program with Henderson County and add an opportunity to share resources and staff if an emergency occurred. Discussion occurred. A motion was made by Councilmember Gross, seconded by Councilwoman Freeman, to approve a Resolution establishing an Interjurisdictional Emergency Management Program with Henderson County. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, AWARDING IFB23-6502, N. PINKERTON SEWER LINE REPLACEMENT, TO MCKINNEY & MOORE OF TEXAS, LLC. AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT Randy Williams, Utilities Director, explained that the item is to construct a pipeline that will replace the existing 8-inch pipeline extending north along Pinkerton St. from Williams St., to where it ends at the North WWTP. Councilmember Carroll asked about the funding of the project, with Ms. Borstad explaining the possible use of Corona Grant funds for the project. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to approve the award of IFB23-6502, N. Pinkerton Sewer Line Replacement, to McKinney & Moore of Texas, LLC. and authorize the City Manager to enter into an agreement. The motion carried unanimously. c) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY TO ACCEPT A BUYBOARD COOPERATIVE PURCHASING QUOTE FROM WAUKESHA-PEARCE INDUSTRIES FOR THE PURCHASE OF ONE 200KW DIESEL GENERATOR AND ENTER INTO AN AGREEMENT Mr. Williams explained that the purchase is for the complete installation of a stationary diesel generator at the West Wastewater Treatment Plant (WWTP). Mr. Williams explained during extreme weather events the loss of power can occur for unknown durations. A motion was made by Councilwoman Freeman and seconded by Councilmember Gross to approve a Resolution authorizing the City to accept a BuyBoard Cooperative Purchasing quote from Waukesha-Pearce Industries for the purchase of one 200kW diesel generator and enter into an agreement. The motion carried unanimously. CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FROM JESSICA LEITCH FOR APPROVAL OF A SITE PLAN FOR AN INDUSTRIAL WAREHOUSE CREATING A PD-3 ZONING DISTRICT AND ADDING THE BASE ZONING OF INDUSTRIAL FOR LOT 4, ATHENS INDUSTRIAL PARK ADDITION, J.B. ATWOOD SURVEY, A- 19, OWNER: JJL DEVELOPMENT, LLC. Ms. Borstad stated that there were no changes, except that instead of Lot 4, it would be Lot 4B. City Council Regular Session May 22, 2023 Page 5 Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to approve. final reading of an Ordinance concerning a request from Jessica Leitch for approval of a site plan for an industrial warehouse creating a PD-3 zoning district and adding the base zoning of Industrial for Lot 4, Athens Industrial Park Addition, J.B. Atwood Survey, A-19, Owner: JJL Development, LLC. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye Robert Gross, Councilmember Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 22, ARTICLE III. ZONING DISTRICTS, SECTION 22-14. A-AGRICULTURAL DISTRICT. (E) SPECIAL REQUIREMENTS, SECTION (7), CHAPTER 22, ARTICLE III. ZONING DISTRICTS, SECTION 22-17. SF-7-SINGLE-FAMILY RESIDENTIAL-7 DISTRICT. (E) SPECIAL REQUIREMENTS, SECTION (6), CHAPTER 22, ARTICLE III. ZONING DISTRICTS, SECTION 22-18. SF-5-SINGLE-FAMILY RESIDENTIAL-5 DISTRICT. (E) SPECIAL REQUIREMENTS, SECTION (6), TO PERMIT A MANUFACTURED HOME NOT MORE THAN FIVE (5) YEARS OLD OR A MANUFACTURED HOME REFURBISHED TO A NEW CONDITION NOT MORE THAN FIVE YEARS PRIOR TO THE APPLICATION DATE Ms. Borstad during the first reading the City Council discussed the wording and concluded with the following language: An Ordinance of the City of Athens, Texas, amending Chapter 22, Article III. Zoning Districts, Section 22-14(e)(7), Section 22-17(e)(6), and Section 22-18(e)(6) of the City Code of Ordinances to permit a manufactured home not more than five (5) years old or a manufactured home refurbished to a new condition not more than five (5) years prior to the application date and as approved by the Director of Development Services. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember Gross, seconded by Councilmember Craig to approve final reading of an Ordinance concerning a request to amend Chapter 22, Article III. Zoning Districts, Section 22-14. A-Agricultural district. (e) Special requirements, Section (7), Chapter 22, Article III. Zoning Districts, Section 22-17. SF-7-Single-family residential-7 district. (e) Special requirements, Section (6), Chapter 22, Article III. Zoning Districts, Section 22-18. SF-5- Single-family residential-5 district. (e) Special requirements, Section (6), to permit a manufactured home not more than five (5) years old or a manufactured home refurbished to a new condition not more than five years prior to the application date and as approved by the Director of Development Services. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye Robert Gross, Councilmember Aye City Council Regular Session May 22, 2023 Page 6 SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 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 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 The City Council convened in Executive Session at 6:29 p.m. The City Council returned to Regular Session at 7:04 p.m. CONSIDER AND TAKE ACTION, AS NECESSARY, RESULTING FROM DELIBERATIONS IN EXECUTIVE SESSION PURSUANT TO 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 No action was taken. CONSIDER AND TAKE ACTION, AS NECESSARY, 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 No action was taken. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Ms. Hambrick read the following future agenda items:  Final reading of an Ordinance adopting the Comprehensive Plan  Work session with Athens Animal Rescue Shelter  Sign Ordinance  Policy for economic development projects, including 380 agreements  Zoning for short-term rentals  Request from Councilmember Gross quarterly updates from Athens Economic Development Corporation  Request from Councilmember Carroll that the Airport Advisory Board provide an update to Council after the Jviation Assessment is received ADJOURN The meeting adjourned at 7:06 p.m. City Council Regular Session May 22, 2023 Page 7 PASSED AND APPROVED THIS THE 12th DAY OF JUNE 2023. ___________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary