Athens City Council

REGULAR SESSION MONDAY, SEPTEMBER 25, 2023 The City Council of the City of Athens, Texas, met in Regular Session on Monday, September 25, 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 Robert Gross, Mayor Pro Tem SyTanna Freeman Mark Carroll Cody Craig Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: Thomas Williams, Chief of Police; Chad Allen, Chief of Police; Rodney Williams, Assistant Chief of Police; Gregory Werner, Fire Chief; Mandie Quigg, Finance Director; Sissy Geddie, HR Manager, Wanda Paul, Tourism and Event Coordinator; Michael Hannigan, Tourism/Social Media Manager; Randy Williams, Utilities Director; Tim Perry, Public Works Director; Matt Durrett, Parks Superintendent; Lt. Roger Keith, Cpl. Robert Poteet, Ofc. Chase Vinson, Sandy Murillo, Administrative Clerk Others Present: Danny Tidmore, Donna Meredith, Micah Craig, Amber Marquez, Karina Delacruz, Eddie Smith, Jennifer Garza, Kara Davis, Elvis Allen, Suzanne Tower, Rebecca Hall, Brent Muecke, Kristin Willingham, and other interested citizens 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. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONFIRMING THE APPOINTMENT OF CHAD ALLEN AS CHIEF OF POLICE FOR THE CITY OF ATHENS Elizabeth Borstad, City Manager explained staff advertised the position of Chief of Police and accepted applications until a recommendation for the position was determined to be brought to Council. There were 45 online applicants. Nine (9) candidates were selected to move forward with the process. Five (5) withdrew from consideration. Four (4) were interviewed. Chad Allen was selected. A motion was made by Councilmember Gross, seconded by Councilwoman Freeman confirming the appointment of Chad Allen as Chief of Police for the City of Athens. The motion carried unanimously. PROCLAMATION – “NATIONAL NIGHT OUT” City Council Regular Session September 25, 2023 Page 2 Mayor Smith proclaimed Tuesday, October 3, 2023, as “National Night Out. PROCLAMATION – “WORLD TEACHERS’ DAY” Mayor Smith proclaimed October 5, 2023, to be Athens Teachers’ Day in celebration of World Teachers Day. MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY  ANNOUNCEMENT OF COMMUNITY EVENTS  9/26 – Henderson County Wildlife Committee Fall Rendezvous  9/28 – Karaoke at The Texan  9/30 – Henderson County Help Center “Shoot Out’  10/3 – National Night Out  10/6 – East Texas Horse Show Mayor Smith announced that Faith Fest is on October 29th. Mayor Smith recognized the following Utility employees for their efforts working during water main breaks:  Randy Williams  Marion Klutts  Brandon Newbill  George Hopkins  Chance Hargrove  Danny Collins  John Thomas  Gary Reeves  Mark Cole  Caleb Fortner CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF THE SEPTEMBER 7, 2023, WORK SESSION b) CONSIDER APPROVING THE MINUTES OF THE SEPTEMBER 11, 2023, REGULAR SESSION c) CONSIDER A RESOLUTION NOMINATING A CANDIDATE TO HENDERSON COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS, PLACE 2 d) CONSIDER A RESOLUTION TO APPROVE AND ADOPT THE CITY OF ATHENS HOLIDAY CALENDAR FOR FISCAL YEAR 2024 e) CONSIDER A RESOLUTION CANCELING THE CITY COUNCIL REGULAR SESSION OF DECEMBER 25, 2023 f) CONSIDER A RESOLUTION RESCHEDULING THE CITY COUNCIL REGULAR SESSION OF NOVEMBER 27, 2023, TO NOVEMBER 28, 2023, AND THE CITY COUNCIL REGULAR SESSION OF MAY 27, 2024, TO MAY 28, 2024 g) CONSIDER A RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE CITY OF ATHENS FOR FISCAL YEAR 2024 h) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH HENDERSON COUNTY SOCCER ASSOCIATION FOR USE OF THE SOCCER FIELDS AT COLEMAN PARK i) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE CITY’S NINETY (90) DAY GENERAL FUND EMERGENCY RESERVE TO $3,776,130 City Council Regular Session September 25, 2023 Page 3 j) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT WITH ATHENS ECONOMIC DEVELOPMENT CORPORATION k) CONSIDER A RESOLUTION DOCUMENTING THE ANNUAL REVIEW AND APPROVAL OF THE CITY OF ATHENS INVESTMENT POLICY AND DESIGNATING INVESTMENT OFFICERS l) AUGUST 2023 MONTHLY REVENUE AND EXPENSE REPORT A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman to approve the Consent Agenda. The motion carried unanimously. Mayor Smith stated it is important to carry a 90-day reserve, and he thanked staff. RESOLUTIONS: a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION REJECTING A PROPOSAL TO CLOSE CREAM LEVEL ROAD IN ATHENS, TEXAS AND AUTHORIZE THE MAYOR TO SUBMIT A LETTER OF REJECTION TO UNION PACIFIC RAILROAD Ms. Borstad explained that the item has been on the agenda multiple times for discussion. Union Pacific Railroad asked the City to consider closing the intersection, however, the Council felt the plan would create other safety issues for the area. She stated this action clears the way for TxDOT to move forward with a plan to install safety gates and warning lights at the Cream Level Road railroad crossing. A motion was made by Councilmember Craig, seconded by Councilmember Gross to approve a Resolution rejecting a proposal to close Cream Level Road in Athens, Texas and authorize the Mayor to submit a letter of rejection to Union Pacific Railroad the motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO UTILIZE UP TO $15,000 FROM FUND 15 TO PROCURE THE SERVICES OF A RECRUITMENT FIRM FOR THE ECONOMIC DEVELOPMENT EXECUTIVE POSITION Ms. Borstad explained, the Athens Economic Development Corporation (AEDC) voted during its September 19, 2023, meeting to authorize the City Manager to move forward with the Procurement of a recruitment firm in partnership with the City of Athens. The Resolution authorizes the City Manager to utilize up to $15,000 from Fund 15 to procure services of a recruitment firm for the Economic Development Executive position. A motion was made by Councilmember Craig, seconded by Councilmember Gross to approve a Resolution authorizing the City Manager to utilize up to $15,000 from Fund 15 to procure the services of a recruitment firm for the Economic Development Executive Position. The motion carried unanimously. c) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING ATHENS ECONOMIC DEVELOPMENT CORPORATION’S RENEWAL OF AN OFFICE LEASE AGREEMENT AT 201 W. CORSICANA STREET WITH HANNIGAN MEDIA Ms. Borstad stated the item was discussed at the Economic Development Board of Directors meeting on September 19th, and the Board recommended moving forward with the renewal of the lease at the same rate and the same office space. City Council Regular Session September 25, 2023 Page 4 Councilmember Gross asked if the leases are at market rate; with Ms. Borstad stating they are not at market rate. A motion was made Councilmember Gross, seconded by Carroll to table the item until staff has information regarding the market rate. The motion carried unanimously. d) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING ATHENS ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE AN OFFICE LEASE AGREEMENT AT 201 W. CORSICANA STREET WITH “60 FEET” A motion was made by Councilmember Craig, seconded by Councilmember Gross to table the item. The motion carried unanimously. e) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AMENDING THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH LJA ENGINEERING TO PREPARE PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF SANITARY SEWER PIPING ALONG S. PALESTINE ST. AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT Randy Williams, Utilities Director, explained the item existing contract with LJA Engineering for the design of water main improvements along S. Palestine between College and Ben Belt must include the replacement of the existing sanitary sewer. A motion was made by Councilwoman Freeman, seconded by Councilmember Gross to approve a Resolution amending the existing Professional Services Agreement with LJA Engineering to prepare plans and specifications for the replacement of sanitary sewer piping along S. Palestine St. and authorizing the City Manager to execute agreement. The motion carried unanimously. CONSIDER FINAL READING OF AN ORDINANCE TO AMEND THE BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023 Mandie Quigg, Finance Director, stated there were no changes since the first reading of the Ordinance. Bonnie Hambrick, City Secretary, read the caption of the Ordinance. A motion was made by Councilmember Gross, seconded by Councilwoman Freeman to approve the final reading of an Ordinance to amend the budget for Fiscal Year ending September 30, 2023. After roll call vote, the motion passed with the following record vote: After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye Robert Gross, Mayor Pro Tem 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 City Council Regular Session September 25, 2023 Page 5 CONSIDER FINAL READING OF AN ORDINANCE AMENDING CHAPTER 23 FEES AND COST OF SERVICES OF THE CITY OF ATHENS CODE OF ORDINANCES Ms. Quigg explained there was an update to the Ordinance since the first reading for the Bulk Water per 1,000gal rate to include both changes in water and sewer, equating to an increase of $0.85 year over year. Ms. Hambrick read the caption of the Ordinance. A motion was made by Councilmember gross, seconded by Councilwoman Freeman to approve final reading of an Ordinance Amending Chapter 23 Fees and Cost of Services of the City of Athens Code of Ordinances. After roll call vote, the motion passed with the following record vote: After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye Robert Gross, Mayor Pro Tem 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 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 Mayor Smith stated a request was received to table the item. Ms. Borstad explained there were two (2) items for the property; one (1) being the zoning change and the site plan approval. She stated staff is still working with Sand Springs on the details of the site and Sand Springs asked that the zoning change be tabled in conjunction with the site plan item being removed. A motion was made Councilmember Craig, seconded by Councilwoman Freeman to table final 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. The motion carried unanimously. City Council Regular Session September 25, 2023 Page 6 CONSIDER FINAL 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. Ms. Borstad explained changes were made to the site plan based on discussions from the first reading. She stated a revised site plan was provided with the removal of the access to the back road on Royal Mountain. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember Gross, seconded by Councilmember Caroll to approve final 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. After roll call vote, the motion passed with the following record vote: After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye Robert Gross, Mayor Pro Tem 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 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 VARIOUS REAL PROPERTY a) ATHENS INDUSTRIAL PARK ADDITION, LOT 4A b) ATHENS OT BLOCK 84, LOT 5 EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING) a) JLS PROPERTY HOLDINGS LLC. The City Council convened in Executive Session at 6:04 p.m. The City Council returned to Regular Session at 6:53 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 REAL PROPERTY; CLOSED MEETING) TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF VARIOUS REAL PROPERTY City Council Regular Session September 25, 2023 Page 7 a) ATHENS INDUSTRIAL PARK ADDITION, LOT 4A A motion was made by Councilmember Craig, seconded by Councilmember Gross to authorize the President of the EDC to enter into a purchase and sale agreement with the property owners to purchase Lot 4A in the Athens Industrial Park Addition. The motion carried by the following vote: Ayes: Mayor Smith, Councilmember Gross, Councilmember Craig, Nays: Councilwoman Freeman and Councilmember Carroll, Abstain: None. b) ATHENS OT BLOCK 84, LOT 5 No action was taken. CONSIDER AND TAKE ACTION, AS NECESSARY, RESULTING FROM DELIBERATIONS IN EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING) a) JLS PROPERTY HOLDINGS LLC. A motion was made by Councilmember Gross, seconded by Councilmember Carroll, to authorize the EDC Board President to enter into an incentive agreement with JLS Property Holdings. The motion carried unanimously. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Ms. Hambrick announced the future agenda items.  Airport Advisory Board provide an update to the City Council after the Jviation Assessment  Work session with Athens Animal Rescue Shelter  Sign Ordinance ADJOURN The meeting adjourned at 6:57 p.m. PASSED AND APPROVED THIS THE 9th DAY OF OCTOBER 2023. ___________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary