Athens City Council

REGULAR SESSION MONDAY, SEPTEMBER 11, 2023 The City Council of the City of Athens, Texas, met in Regular Session on Monday, September 11, 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 to wit: Aaron Smith, Mayor SyTanna Freeman Mark Carroll Cody Craig Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: Thomas Williams, Chief of Police; Rodney Williams, Assistant Chief of Police; Gregory Werner, Fire Chief; Audrey Sloan, Development Services Director; Mandie Quigg, Finance Director; Sissy Geddie, HR Manager, Wanda Paul, Tourism and Event Coordinator; Michael Hannigan, Tourism/Social Media Manager; Schee Adams, Administrative Clerk Others Present: Deborah Deas, Micah Craig, Charles Thornton, Patrick Wallace, Jeff Whitnah, Michelle Zenor, Carol Morton, Brad Robinson, Chad McKibbin, Joseph McKibbin, & Kalob Bohall and other interested citizens With the following member absent: Robert Gross, Mayor Pro Tem constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The invocation was given by Councilmember Carroll. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS There were no public comments. 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:  9/16 – 8th Annual Plant Sale @ the Arboretum 8 a.m.-3 p.m.  9/16 – Poinsettia Sale begins @ the Arboretum  9/14-24th – Presents Clue @ The Henderson County Performing Arts Center  9/18 – Hope Springs Water Golf Tournament @ The Athens Country Club  9/19 – Henderson County Help Center Presents You Event @ Texan 5 p.m.-8 p.m.  9/21 – Pasta Making Class @ Arboretum @ 6 p.m.  9/22 - Pink Fishing for a Cure @ Lake Athens beginning @ 7 a.m. CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF THE AUGUST 28, 2023, REGULAR SESSION City Council Regular Session September 11, 2023 Page 2 b) CONSIDER CONFIRMING THE APPOINTMENT OF TONI CLAY TO THE CIVIL SERVICE COMMISSION TO FILL AN UNEXPIRED TERM ENDING JULY 2026 A motion was made Councilmember Craig, seconded by Councilwoman Freeman, to approve the Consent Agenda. The motion carried unanimously. RESOLUTIONS a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, APPROVING AND ADOPTING THE FISCAL YEAR 2024 ANNUAL OPERATING BUDGET OF THE ATHENS ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF ATHENS, TEXAS BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024 Mandie Quigg, Finance Director, presented the item. She explained the Budget Committee, consisting of three board members and two staff members, met in early June 2023 to develop the budget for discussion at the Board’s regular meeting on June 20th, 2023. Ms. Quigg stated AEDC’s budget was approved during their regular board meeting on August 15, 2023 Councilmember Carroll asked what the total revenue is; with Ms. Quigg stating the total revenue is $1,621,247. A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll approving and adopting the Athens Economic Development Corporation of the City of Athens, Texas beginning October 1, 2023, and ending September 30, 2024. The motion carried unanimously. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AWARDING IFB23-6503, FLAT CREEK LIFT STATION PROJECT, TO HORTON EXCAVATING, LLC., AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT Elizabeth Borstad, City Manager, explained the item was a re-bid for the construction of the new lift station at Flat Creek and the loop. She explained five (5) bids were received and staff is recommending awarding the bid to Horton Excavating, LLC. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to approve a Resolution awarding IFB23-6503, Flat Creek Lift Station Project, to Horton Excavating, LLC., and authorize the City Manager to enter into a Construction Agreement. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AWARDING IFB23-4601, VEHICLE EXHAUST SYSTEM, TO AIR CLEANING TECHNOLOGIES, INC., AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT Greg Werner, Fire Chief, explained the item is for FY 2021 Assistance to Firefighters Grant for Vehicle Exhaust System. He stated this system will catch vehicle exhaust when exiting and entering the station. He stated two (2) bids were received and the City will incur a 5% match. City Council Regular Session September 11, 2023 Page 3 A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman to approve a Resolution awarding IFB23-4601, Vehicle Exhaust System, to Air Cleaning Technologies, Inc., and authorize the City Manager to enter into an agreement. The motion carried unanimously. PUBLIC HEARING FOR PROPOSED TAX RATE FOR 2023 VALUATIONS FOR FISCAL YEAR 2024 Ms. Quigg explained the item is the public hearing for the 2023 tax rate. She stated there are a few steps to carryout to complete the adoption of the budget process and tax rate for Fiscal Year 2024:  First the Public hearing on the tax rate  Resolution to Ratify the revenue increase  Final reading of both budget and tax rate ordinances. Ms. Quigg reviewed the following:  Appraised Valuation  Calculated tax rates  Proposed tax rate Ms. Quigg stated the public hearing allows citizens the opportunity to speak on the tax rate. Mayor Smith opened the Public Hearing. There were no comments. The Public hearing was closed. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION RATIFYING A PROPERTY TAX REVENUE INCREASE FOR FISCAL YEAR 2024 Ms. Quigg explained the item is ratifying the increase in the property tax revenue. She stated Local Government Code Chapter 102 requires ratification if the adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body. She stated the Increase in Revenue is $220,064 and this increase in revenue will be used for support of the municipal government in Fiscal Year 2024. On the following motion by Mayor Aaron Smith, Mayor; seconded by Councilwoman Freeman. I move to approve the Resolution ratifying the tax revenue increase included in the Fiscal Year 2024 Annual Operating Budget.”. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 City Council Regular Session September 11, 2023 Page 4 CONSIDER FINAL READING OF AN ORDINANCE ADOPTING THE FISCAL YEAR 2024 ANNUAL OPERATING BUDGET Ms. Quigg stated the Ordinance was updated to include Utility Capital Projects. Bonnie Hambrick read the caption of the Ordinance aloud. On the following motion made by Mayor Aaron Smith, seconded by Councilmember Craig, “I move to approve the second reading of an Ordinance adopting the Fiscal Year 2024 Annual Operating Budget.” After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 CONSIDER FINAL READING OF AN ORDINANCE ADOPTING THE PROPOSED TAX RATE FOR 2023 VALUATIONS FOR FISCAL YEAR 2024 Ms. Quigg, stated there have been no changes since the first reading of the Ordinance. Ms. Hambrick read the caption of the Ordinance aloud. On the following motion made by Mayor Aaron Smith, seconded by Councilwoman Freeman “I move that the property tax rate be increased by the adoption of a tax rate of $0.532751, which is effectively a 2.87 percent increase in the tax rate.” After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 DISCUSS FIRST READING OF AN ORDINANCE TO AMEND THE BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023 Ms. Quigg explained the item is the third budget amendment for Fiscal Year 2023 to close out the year. She presented items included in the Budget Amendment. Mayor Smith asked if the Fire Engine amendment included the extended warranty, with Ms. Quigg stating it had the extended warranty and authorized the trade-in. Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session September 11, 2023 Page 5 DISCUSS FIRST READING OF AN ORDINANCE AMENDING CHAPTER 23 FEES AND COST OF SERVICES OF THE CITY OF ATHENS CODE OF ORDINANCES Ms. Quigg stated that the item is the annual fee schedule update that includes the following:  Sanitation fees amended to include Republic Services CPI increase of 5.7%  Bulk water  Fees that are to be removed Audrey Sloan, Director of Development Services, presented a review of the fees for permitting. Ms. Sloan presented recommendations and stated during the review of fees, she found that many of the City’s permitting fees require updates. Ms. Hambrick read the caption of the Ordinance aloud. CONSIDER FINAL READING OF AN ORDINANCE REPEALING THE 1999 COMPREHENSIVE PLAN (ORDINANCE NO. O-29-99) WITH THE EXCEPTION OF THE 1999 MASTER THOROUGHFARE PLAN WHICH WILL REMAIN IN EFFECT AND ADOPTING THE 2023 CITY OF ATHENS COMPREHENSIVE PLAN Ms. Borstad explained there are very few changes in the Ordinance. She stated that the 1999 Master Thoroughfare Plan will remain in effect. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman to approval final reading of an Ordinance repealing the 1999 Comprehensive Plan (Ordinance No. O-29-99) with the exception of the 1999 Master Thoroughfare Plan, which will remain in effect and adopting the 2023 City of Athens Comprehensive Plan. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 0 Motion carried 4-0 PUBLIC HEARING CONCERNING A REQUEST FROM BARBARA GARRETT OF GARRETT CONSULTING SERVICES TO ASSIGN A ZONING DESIGNATION OF PLANNED DEVELOPMENT - 2 WITH AGRICULTURE BASE ZONING TO THE RECENTLY ANNEXED 7.80- ACRE PORTION OF TRACT 208 OF THE J. B. ATWOOD SURVEY A-19 LOCATED AT 3401 NE SOUTH LOOP 7, ALSO KNOWN AS PROPERTY ID 209442. OWNER: SAND SPRINGS BAPTIST CHURCH Ms. Sloan explained the annexation of 7.80 acres of property owned by Sand Springs Baptist Church was approved by the City Council in July of this year. She explained that once a property is annexed a zoning designation shall be assigned to the property. City Council Regular Session September 11, 2023 Page 6 Ms. Sloan explained that the property is located off NE South Loop 7 on the eastern edge of town and is currently vacant. Mayor Smith opened the Public Hearing. There were no comments. The Public hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM BARBARA GARRETT OF GARRETT CONSULTING SERVICES TO ASSIGN A ZONING DESIGNATION OF PLANNED DEVELOPMENT - 2 WITH AGRICULTURE BASE ZONING TO THE RECENTLY ANNEXED 7.80-ACRE PORTION OF TRACT 208 OF THE J. B. ATWOOD SURVEY A-19 LOCATED AT 3401 NE SOUTH LOOP 7, ALSO KNOWN AS PROPERTY ID 209442. OWNER: SAND SPRINGS BAPTIST CHURCH Ms. Hambrick read the caption of the Ordinance aloud. PUBLIC HEARING CONCERNING A REQUEST FROM BARBARA GARRETT OF GARRETT CONSULTING SERVICES FOR APPROVAL OF A SITE PLAN FOR CHURCH USE LOCATED IN THE PLANNED DEVELOPMENT - 2 ZONING DISTRICT WITH AGRICULTURE BASE ZONING FOR TRACT 208, J. B. ATWOOD SURVEY A-19 LOCATED AT 3401 NE SOUTH LOOP 7, AS ALSO KNOWN AS PROPERTY IDS 209442 & 300993. OWNER: SAND SPRINGS BAPTIST CHURCH Ms. Sloan explained the property consists of a total of 13.10 acres, 7.80 acres of which have recently been annexed. The owners are proposing to build a new church building on the property. Ms. Sloan stated the site plan submittal was reviewed and found to comply with the City Code of Ordinances, except for the overflow parking area which is proposed to be gravel. Ms. Sloan stated the Planning & Zoning Commission voted unanimously to recommend approval of the request with the stipulation that all parking areas shall be paved & lighted in accordance with City standards Mayor Smith asked Ms. Shelley Wheeler, representative, why the church would want a septic vs. connecting to the city, with Ms. Wheeler stating she would obtain additional information. Mayor Smith opened the Public Hearing. There were no comments. The Public hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM BARBARA GARRETT OF GARRETT CONSULTING SERVICES FOR APPROVAL OF A SITE PLAN FOR CHURCH USE LOCATED IN THE PLANNED DEVELOPMENT - 2 ZONING DISTRICT WITH AGRICULTURE BASE ZONING FOR TRACT 208, J. B. ATWOOD SURVEY A-19 LOCATED AT 3401 NE SOUTH LOOP 7, ALSO KNOWN AS PROPERTY IDS 209442 & 300993. OWNER: SAND SPRINGS BAPTIST CHURCH Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session September 11, 2023 Page 7 PUBLIC HEARING CONCERNING A REQUEST FROM CHAD MCKIBBIN & JOSEPH MCKIBBIN FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO PLANNED DEVELOPMENT WITH COMMERCIAL BASE ZONING AND A CONCEPT PLAN FOR RESTAURANT USE FOR LOT 18 OF THE C. H. COLEMAN SUBDIVISION, J. B. ATWOOD SURVEY A-19; LOCATED ON E STATE HIGHWAY 31; ALSO KNOWN AS PROPERTY ID 246827. PROPERTY OWNER: MCROB, LLC Ms. Sloan presented the item. She explained a concept plan has been submitted by the applicant, along with building elevations, a floor plan and example photographs. She explained if the concept plan is approved, the applicants will be required to submit a planned development site plan with civil plans for review and approval by the P&Z Commission and City Council within one (1) year. She stated the applicant is requesting approval of a zoning change & a Planned Development concept plan in order to construct a restaurant on the property. She stated the planning and Zoning Commission denied a request for zoning change from Agriculture to Commercial in July The vacant property is located on E State Hwy 31 and is 2.61 acres. The current zoning of the property is Agriculture. The Future Land Use Plan designates the property for Commercial use. Letters of notification were sent to ten (10) surrounding property owners. One response has been returned. The Planning & Zoning Commission recommended approval of the zoning change & concept plan with the following stipulations: 1. The proposed screening fence shall be increased to 8’ in height and shall extend closer to E SH 31 along the east property line 2. The dumpster shall be relocated 3. The drive approach onto Royal Mountain Rd shall have a pipe gate and be locked except to allow for emergency use Concerns were expressed regarding site access and whether an approach onto Royal Mountain Rd should be provided or not. The applicant answered questions from the Council. Mayor Smith opened the Public Hearing. Rainy Philips expressed concern with security, and privacy. Mr. Philips expressed concern with the setback and lower elevation. The Public Hearing was closed. DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM CHAD MCKIBBIN & JOSEPH MCKIBBIN FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO PLANNED DEVELOPMENT WITH COMMERCIAL BASE ZONING AND A CONCEPT PLAN FOR RESTAURANT USE FOR LOT 18 OF THE C. H. COLEMAN SUBDIVISION, J. B. ATWOOD SURVEY A-19; LOCATED ON E STATE HIGHWAY 31; ALSO KNOWN AS PROPERTY ID 246827. PROPERTY OWNER: MCROB, LLC. City Council Regular Session September 11, 2023 Page 8 Ms. Hambrick read the caption of the Ordinance aloud. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Ms. Hambrick read the following future agenda items:  Councilmember Carroll requested the Airport Advisory Board provide an update to the City Council after the Jviation Assessment is received and information regarding the proposed expansion project at the airport.  Work session with Athens Animal Rescue Shelter  Sign Ordinance  Policy for economic development projects, including 380 agreements  Zoning for short-term rentals  Railroad Crossing located at Cream Level Road, as requested by Union Pacific Railroad Mayor Smith stated he would like to wait until an EDC Director is hired to discuss Policy for economic development projects, including the 380 agreements. ADJOURN The meeting adjourned at 6:41 p.m. PASSED AND APPROVED THIS THE 25th DAY OF SEPTEMBER 2023. ___________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary