Athens City Council

REGULAR SESSION MONDAY, SEPTEMBER 9, 2024 The City Council of the City of Athens, Texas, met in a Regular Session on Monday, September 9, 2024, 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, Mayor Pro Tem Mark Carroll Cody Craig Bryan Barker Elizabeth Borstad, City Manager Staff Present: Mandie Quigg, Chief Financial Officer; Tim Perry, Public Works Director; Randy Williams, Utilities Director; Bonnie Hambrick, City Secretary; Audrey Sloan, Planning and Zoning Manager; Donna Meredith, Community Development Manager; Michael Hannigan, Social Media Manager; Jennifer Browning; Tourism Coordinator; Lt. Roger Keith. Others present: Micah Craig, Kason Quigg, Kenneth Artz, Deborah Deas, Jackie and Traci Wilkes, Berta Winn, Jan Bennett, Suzanne Tower, Kristin Willingham, Stella Sikes, Eddie Smith, Brent Muecke, John Friman, Freddie Paul, Rana Stone, Betty Gore, Linda Kenneaster, Steve Grant and other concerned citizens. Constituting a quorum at which time the following proceedings were enacted, to – wit: 1) CALL TO ORDER Mayor Smith called the meeting to order at 5:30 p.m. 2) INVOCATION The invocation was given by Councilmember Cody Craig. 3) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4) DECLARATION OF CONFLICT OF INTEREST No action was taken. 5) PUBLIC COMMUNICATIONS Cherrie Lee, 414 Broadmore, expressed concern with the city’s building codes Brent Muecke, 5880 CR 4518, Larue, Texas 75770, expressed concern with handicapped issues. John Friman thanked the City Council and stated the lights placed at O.D. Baggett made a 100 percent difference. 6) RECOGNITION - 50TH ANNIVERSARY OF HENDERSON COUNTY RETIRED SCHOOL PERSONNEL ASSOCIATION (HCRSPA) Mayor Smith recognized the 50th Anniversary of Henderson County Retired School Personnel Association (HCRSPA). 7) PROCLAMATION – BLACKEYED PEA JAMBOREE AND UNCLE FLETCH HAMBURGER FESTIVAL  City Council Regular Session September 9, 2024 Page 2 Mayor Smith proclaimed September 19-21, 2024, as the "Black-eyed Pea Jamboree featuring Uncle Fletch Hamburger Festival in the City of Athens. 8) MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY.  ANNOUNCEMENT OF COMMUNITY EVENTS Jennifer Browning, Tourism Coordinator, for the City of Athens announced the following community events:  September 12 – Empowering the Youth of Tomorrow - NAMI Greater Athens TX welcomes former NFL player Charles Haley as the guest speaker for the "Empowering the Youth of Tomorrow" event from 9:30 to 10:30 a.m. at the Athens High School gymnasium.  September 12 – Healthy Aging Class - From 2 to 3 p.m. in the Bush Board Room at UT Health Athens.  September 12-21 – HCPAC presents "Noises Off!"  September 13 – Athens High School Homecoming Game vs Palestine at 7:30 at Bruce Field  September 14 – Marathon Clinic at The Cain Center YMCA in Athens will host a half-day event Marathon Clinic on Saturday, September. 14, designed to help participants learn how to run a successful race.  September 19-21 – Black-Eyed Pea Jamboree 9) CONSENT AGENDA a) CONSIDER ACCEPTING A REQUEST FOR PROPOSAL AND THE RECOMMENDATION OF THE SELECTION REVIEW COMMITTEE AND APPROVING A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TRAYLOR & ASSOCIATES INCORPORATED FOR ADMINISTRATIVE SERVICES PERTAINING TO THE APPLICATION AND IMPLEMENTATION, IF AWARDED, OF THE CITY’S 2025-2026 TEXAS DEPARTMENT OF AGRICULTURE TXCDBG GRANT AND AUTHORIZING THE EXECUTION OF A CONTRACT. b) CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) GRANT BETWEEN THE CITY OF ATHENS AND THE TEXAS DEPARTMENT OF TRANSPORTATION. c) JULY 2024 MONTHLY REVENUE AND EXPENSE REPORT A motion was made by Councilmember Carroll, seconded by Councilmember Craig, to approve the Consent Agenda. The motion carried unanimously. 10) DISCUSS, CONSIDER, AND TAKE ACTION AS NECESSARY, CONFIRMING THE APPOINTMENT OF FIVE (5) RESIDENTS TO THE TOURISM ADVISORY COUNCIL Ms. Browning explained the item is for the appointment of members to the Tourism Advisory Council. She explained the Council will be comprised of seven (7) members. The five members for consideration are:  Holly Blong  Camille Barnes  Leslie Kessner  Flor Rincon  Kim Hodges City Council Regular Session September 9, 2024 Page 3 A motion was made by Councilmember Carroll, seconded by Councilmember Barker confirming the appointment of five (5) members; Holly Blong, Camille Barnes, Leslie Kessner, Flor Rincon and Kim Hodges to the Tourism Advisory Council The motion carried unanimously. 11) RESOLUTIONS a. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, APPROVING AND ADOPTING THE FISCAL YEAR 2025 ANNUAL OPERATING BUDGET OF THE ATHENS ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF ATHENS, TEXAS, BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025 Mandie Quigg, Chief Financial Officer, explained the AEDC Board reviewed and approved the proposed budget during their regular board meeting on August 20th. She stated the total budgeted expenditures for FY 2025 $1,182,121. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to approving and adopting the Fiscal Year 2025 Annual Operating Budget of the Athens Economic Development Corporation of the City of Athens, Texas, beginning October 1, 2024, and ending September 30, 2025. The motion carried unanimously. b. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HENDERSON COUNTY FOR ANIMAL SHELTER SERVICES Elizabeth Borstad, City Manager, stated the interlocal agreement was reviewed at a work session and reviewed by the County Attorney and City Attorney. A motion was made by Councilmember Barker, seconded by Craig to approve a Resolution authorizing the City Manager to execute an Interlocal Agreement with Henderson County for Animal Shelter Services. The motion carried unanimously. c. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CEDAR CREEK VETERANS FOUNDATION TO HOST A THUNDER OVER EAST TEXAS AIR SHOW AT ATHENS MUNICIPAL AIRPORT ON JULY 3 AND JULY 4, 2025, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FAA REQUEST FOR MILITARY AERIAL SUPPORT FORM FOR THE EVENT. Ms. Borstad explained the Cedar Creek Veterans Foundation is requesting authorization from the city for the second annual Thunder Over East Texas Air Show. She stated the Air Show will be July 3 and July 4, 2025, and this is the first step. A motion was made by Councilmember Carroll, seconded Councilmember Barker to approve a Resolution authorizing the Cedar Creek Veterans Foundation to host a Thunder Over East Texas Air Show at Athens Municipal Airport on July 3 and July 4, 2025, and authorizing the City Manager to execute the FAA Request for Military Aerial Support Form for the event. The motion carried unanimously. City Council Regular Session September 9, 2024 Page 4 d. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION ACCEPTING SEALED INVITATION FOR BID, NUMBER IFB24-6202 FOR CHEMICALS USED IN WATER AND WASTEWATER TREATMENT FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS. Randy Williams, Utilities Director, explained the chemical bid in June did not include some items. Staff rebidded for chemicals used in water and wastewater treatment facilities. Mr. Williams explained due to the bulk nature of the material, only two vendors supply product in the north Texas area. Only one vendor submitted a bid. A motion was made by Councilwoman Freeman, seconded by Councilmember Barker to approve a Resolution accepting Sealed Invitation for Bid, Number IFB24-6202 for chemicals used in water and wastewater treatment facilities and authorizing the City Manager to execute the agreements. The motion carried unanimously. 12) PUBLIC HEARING FOR PROPOSED TAX RATE FOR 2024 VALUATIONS FOR FISCAL YEAR 2025 Ms. Quigg stated the item is the public hearing for the 2024 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 2025.  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 $0.532751 Mayor Smith opened the Public Hearing. There were no comments. The Public hearing was closed. 13) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION RATIFYING A PROPERTY TAX REVENUE INCREASE FOR FISCAL YEAR 2025. Ms. Quigg explained Chapter 102.007(c) of the Local Government Code requires the ratification of the property tax revenue increase reflected in the proposed budget On the following motion by Mayor Aaron Smith; seconded by Councilwoman Freeman; “I move to approve a Resolution ratifying the property tax revenue increase included Fiscal Year 2025 Annual Operating Budget. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Mayor Pro Tem Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Bryan Barker Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 City Council Regular Session September 9, 2024 Page 5 14) CONSIDER FINAL READING OF AN ORDINANCE ADOPTING THE PROPOSED ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2025 Ms. Quigg stated the Ordinance was updated since the first reading to include Utility Capital Projects Fund 37  $65,000 – Utility Fund – increase of $45,000 for meter replacement and  $20,000 for pump replacements.  $2,354,232 – Utility Capital Projects Fund – increase for projects funded by American Rescue Plan grant funds. Bonnie Hambrick, City Secretary read the caption of the Ordinance aloud. On the following motion by Mayor Aaron Smith; seconded by Councilwoman Freeman; I move to approve the final reading of an Ordinance adopting the Fiscal Year 2025 Annual; Operating Budget; the above and foregoing approval to adopt the Fiscal Year 2025 Budget was passed and approved by roll call vote as follows: Aaron Smith, Mayor Aye SyTanna Freeman, Mayor Pro Tem Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Bryan Barker, Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 15) CONSIDER FINAL READING OF AN ORDINANCE ADOPTING THE PROPOSED TAX RATE FOR 2024 VALUATIONS FOR FISCAL YEAR 2025 Ms. Quigg explained this is the final reading for the Tax Rate for 2024 valuation for Fiscal Year 2025. She stated the tax rate is split between Maintenance and Operation and the Debt Service. Ms. Hambrick read the caption of the Ordinance aloud. On the following motion by Mayor Aaron Smith, seconded by Councilmember Barker; I move that the property tax rate be increased by the adoption of a tax rate of $0.532751 which is effectively a 9.03 percent increase in the tax rate. Aaron Smith, Mayor Aye SyTanna Freeman, Mayor Pro Tem Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Bryan Barker, Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 16) DISCUSS FIRST READING OF AN ORDINANCE AMENDING CHAPTER 23, FEES AND COST OF SERVICES AND CHAPTER 3, ARTICLE III. SECTION 3-45 AIRCRAFT OPERATION RULES OF THE CITY OF ATHENS CODE OF ORDINANCES. City Council Regular Session September 9, 2024 Page 6 Ms. Quigg stated this is done annually updating Chapter 23 fees and cost of services for operation. She stated it includes the addition of the Animal Services fees for operations of the shelter, to Utility tap fees for increased installation costs and the CPI increase for Republic Services Sanitation rates have also been included. Tie-Down fees as provided by the Code of Ordinances Section 3-45, Rule 5-1 Aircraft tie-downs have been added to the schedule. Ms. Hambrick read the caption of the Ordinance aloud. 17) DISCUSS FIRST READING OF AN ORDINANCE AMENDING THE BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30, 2024 Ms. Quigg explained the item is the second Budget Amendment for 2024, She stated the total Budget amendment is approximately $1,778,365. Ms. Quigg presented the expenditures included in the amendment. Ms. Hambrick read the caption of the Ordinance aloud. 18) CONSIDER FINAL READING OF AN ORDINANCE TO REPEAL IN ITS ENTIRETY AND REPLACE CHAPTER 4 - ANIMALS AND FOWL OF THE CODE OF ORDINANCES Chad Allen Chief Allen reviewed edits to the Ordinance since the first reading. Ms. Hambrick read the caption of the Ordinance. A motion was made Councilmember Craig, seconded by Councilwoman Freeman to approve final reading of an Ordinance to repeal in its entirety and replace Chapter 4 - Animals and Fowl of the Code of Ordinances. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Mayor Pro Tem Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Bryan Barker Councilmember Aye Voted in favor of the motion 5 Voted against the motion 0 Motion carried 5-0 19) PUBLIC HEARING CONCERNING A REQUEST FROM OWNERS JIMMY STONE & RANA STONE FOR A SPECIFIC USE PERMIT FOR TATTOO STUDIO USE IN A RETAIL ZONING DISTRICT FOR BLOCK 31, LOT 9E OF ATHENS O. T., T. PARMER SURVEY, A-782, ALSO KNOWN AS 302 MADOLE ST Audrey Sloan, Planning and Zoning Manager, stated it is an existing business on Madole Street. The applicant is requesting a SUP to allow for cosmetic tattooing at the existing salon. Letters of notification were sent to the 6 surrounding property owners with 200 ft. One approval and two protests have been returned. She explained a super majority vote from the City Council is required to approve the request because the protests submitted for this item constitute more than twenty percent of the land area of the adjacent property owners notified. The Planning & Zoning Commission voted to recommend approval of the request with the stipulation that the tattoo use shall be limited to cosmetic tattooing only. City Council Regular Session September 9, 2024 Page 7 Ms. Sloan provided definition for Cosmetic tattooing is defined as the practice of producing an indelible mark generally on the eyebrows, eyelids, or lips by inserting a pigment under the skin using needles, scalpels, or other related equipment. The term can also be referred to as intradermal cosmetics or permanent makeup. Traditional tattooing is defined as the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. The term does not include the application of intradermal cosmetics Ms. Stone stated she is not opening a tattoo shop it is only cosmetic Tattooing from 8-5. She further stated she would agree to a stipulation for cosmetic tattooing only. Mayor Smith opened the Public Hearing. There were no comments. The Public Hearing was closed. 20) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM OWNERS JIMMY STONE & RANA STONE FOR A SPECIFIC USE PERMIT FOR TATTOO STUDIO USE IN A RETAIL ZONING DISTRICT FOR BLOCK 31, LOT 9E OF ATHENS O. T., T. PARMER SURVEY, A-782, ALSO KNOWN AS 302 MADOLE ST. Ms. Hambrick read the caption of the Ordinance aloud. 21) PUBLIC HEARING CONCERNING A REQUEST FROM ANGELICA LEON FOR A ZONING CHANGE FROM SINGLE-FAMILY RESIDENTIAL-10 TO SINGLE-FAMILY RESIDENTIAL-5 FOR TRACT 150A, T. PARMER SURVEY, A-782, ALSO KNOWN AS 906 W CAYUGA DR. OWNER: CHRISTIAN RODRIGUEZ. Ms. Slone explained the parcel is currently vacant and it is located on West Cayuga, south of Reynolds Street. The Zoning is Single-Family 10. The Future Land Use Plan designates this area for Medium Density Residential use. Letters of notification were sent to the 22 surrounding property owners with 200 ft. No responses were returned. The applicant is proposing to replat the property into two separate lots. Ms. Sloan further explained SF–10 requires a minimum lot width of 70 feet. The existing tract is roughly 120 ft wide. Therefore, it could not be subdivided into two 70 ft wide tracts. However, SF-5 zoning allows for a minimum lot width of 50 ft, therefore the zoning change is being requested to facilitate the replatting of the property into two lots. Mayor Smith opened the Public Hearing. There were no comments. The Public Hearing was closed. 22) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM ANGELICA LEON FOR A ZONING CHANGE FROM SINGLE-FAMILY RESIDENTIAL-10 TO SINGLE-FAMILY RESIDENTIAL-5 FOR TRACT 150A, T. PARMER SURVEY, A-782, ALSO KNOWN AS 906 W CAYUGA DR. OWNER: CHRISTIAN RODRIGUEZ. City Council Regular Session September 9, 2024 Page 8 Ms. Hambrick read the caption of the Ordinance aloud. 23) PUBLIC HEARING CONCERNING A REQUEST FROM MICHAEL OWENS FOR APPROVAL OF A PLANNED DEVELOPMENT CONCEPT PLAN FOR MINI STORAGE UNIT FACILITY USE IN A PLANNED DEVELOPMENT – 2 ZONING DISTRICT FOR TRACT 112A OF J. B. ATWOOD SURVEY, A-19, LOCATED ON NE LOOP 7, ALSO KNOWN AS PROPERTY ID: 209293. OWNER: GK HOUSING LLC. Ms. Sloan explained the property is located on NE Loop 7 and is currently vacant, and the zoning and Planned Development – 2. The Future Land Use Plan designation is Low Density Residential with Industrial adjacent. Letters of notification were sent to the 4 surrounding property owners with 200 ft. No responses have been returned. The applicant is proposing to develop the property for mini storage unit use. She explained there is a revised concept plan, as The Planning & Zoning Commission voted to recommend approval of the request with the stipulation that the fire lane shall be looped around the entire site. Applicant Michael Owen addressed the City Council and stated he does have a survey and will get it submitted to Ms. Sloan. Mayor Smith opened the Public Hearing. There were no comments. The Public Hearing was closed 24) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM MICHAEL OWENS FOR APPROVAL OF A PLANNED DEVELOPMENT CONCEPT PLAN FOR MINI STORAGE UNIT FACILITY USE IN A PLANNED DEVELOPMENT – 2 ZONING DISTRICT FOR TRACT 112A OF J. B. ATWOOD SURVEY, A-19, LOCATED ON NE LOOP 7, ALSO KNOWN AS PROPERTY ID: 209293. OWNER: GK HOUSING LLC. Ms. Hambrick read the caption of the Ordinance aloud. 25) PUBLIC HEARING CONCERNING A REQUEST FROM MICHAEL HOUSEHOLDER FOR A SPECIFIC USE PERMIT FOR THE USES OF INSTITUTION FOR ALCOHOLIC, NARCOTIC, OR PSYCHIATRIC PATIENTS AND REHABILITATION CARE INSTITUTION IN A RETAIL ZONING DISTRICT FOR BLOCK 11, LOT 1 OF THE LARGE LOTS, T. PARMER SURVEY, A-782, ALSO KNOWN AS 410 E CORSICANA ST. OWNER: ATHENS OLD TOWN LLC. Ms. Sloan explained the property is located on the corner of E Corsicana St & Old Town Alley with and existing structure and the zoning of the property is Retail. The Future Land Use Plan includes this area in the Downtown District. Letters of notification were sent to the 10 surrounding property owners with 200 ft. Two responses have been returned. The applicant is proposing to use the existing building for housing & treatment for clients recovering from substance abuse. The proposed use falls within the use classifications defined below and requires a SUP in Retail zoning: Institution for alcoholic, narcotic, or psychiatric patients - An institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients. City Council Regular Session September 9, 2024 Page 9 Rehabilitation care institution - A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. There are no proposed changes to the existing site or footprints of the existing structures on the property. The Planning & Zoning Commission voted to recommend approval of the request. Ms. Sloan stated Mr. Michael Householder has provided a list of names of citizens he has spoken with in the community. Ms. Sloan provided Council with a letter from a citizen expressing concern about the item. Mr. Michael Householder provided Council with his plans for the property stating it is strictly for substance abuse, with the stay being 45 days to 5 months. There was discussion regarding the number of men and the number of staff members, parking, and security cameras. Mayor Smith opened the Public Hearing. Cherrie Lee asked for the address for the facility with Mayor Smith stating 410 E. Corsicana, she further asked if this was going to be for recovering addicts. She stated she has concerns with the supervision portion of it. Mr. Householder stated the gentlemen do not have mental health issues, and the treatment is licensed by the state of Texas Jeffry Enoch asked if there was a back door. Mr. Householder responded they are notified if a door is opened. Jake 709 Marland supports the purpose. The Public Hearing was closed. 26) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM MICHAEL HOUSEHOLDER FOR A SPECIFIC USE PERMIT FOR THE USES OF INSTITUTION FOR ALCOHOLIC, NARCOTIC, OR PSYCHIATRIC PATIENTS AND REHABILITATION CARE INSTITUTION IN A RETAIL ZONING DISTRICT FOR BLOCK 11, LOT 1 OF THE LARGE LOTS, T. PARMER SURVEY, A-782, ALSO KNOWN AS 410 E CORSICANA ST. OWNER: ATHENS OLD TOWN LLC. Ms. Hambrick read the caption of the Ordinance aloud. 27) PUBLIC HEARING CONCERNING A REQUEST FROM MICHAEL HOUSEHOLDER FOR A ZONING CHANGE FROM SINGLE-FAMILY RESIDENTIAL-5 TO RETAIL AND A SPECIFIC USE PERMIT FOR THE USES OF INSTITUTION FOR ALCOHOLIC, NARCOTIC, OR PSYCHIATRIC PATIENTS AND REHABILITATION CARE INSTITUTION FOR BLOCK 43, LOTS 3 & 4 OF THE ATHENS O. T., T. PARMER SURVEY, A-782, ALSO KNOWN AS 607 N PRAIRIEVILLE ST. OWNER: THRIVE COMMUNITY CHURCH. City Council Regular Session September 9, 2024 Page 10 Ms. Sloan explained This property is located on N Prairieville St. The existing structures on the property were formerly utilized by a church. The current zoning of the property is Single-family Residential – 5 with Commercial & Retail zoning also present in the surrounding area. The Future Land Use Plan includes this area in the Downtown District and it is adjacent to Medium Density Residential. She stated letters of notification were sent to the 25 surrounding property owners with 200 ft. Four responses have been returned. 2 protests and 2 approvals. The SUP proposed uses. Institution for alcoholic, narcotic, or psychiatric patients - An institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients. Rehabilitation care institution - A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel. A zoning change is also required The Planning & Zoning Commission voted to recommend denial of the request due to concerns of locating the proposed use adjacent to single-family neighborhood. The applicant subsequently filed a request to appeal the P&Z Commission decision to the City Council. Because the P&Z Commission did not vote to recommend approval of the request, a super majority vote from City Council is required to approve the request. Mr. Householder stated it is the same as the previous request with more space. Allows more ability to secure the facility. Mayor Smith opened the Public Hearing. Debra Wilson, 707. Pinkerton, expressed concern with the number of staff and seniors citizens in the area. Jennifer Householder stated they are in partnership with Thrive Church, and it is a comprehensive program. 28) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM MICHAEL HOUSEHOLDER FOR A ZONING CHANGE FROM SINGLE-FAMILY RESIDENTIAL-5 TO RETAIL AND A SPECIFIC USE PERMIT FOR THE USES OF INSTITUTION FOR ALCOHOLIC, NARCOTIC, OR PSYCHIATRIC PATIENTS AND REHABILITATION CARE INSTITUTION FOR BLOCK 43, LOTS 3 & 4 OF THE ATHENS O. T., T. PARMER SURVEY, A-782, ALSO KNOWN AS 607 N PRAIRIEVILLE ST. OWNER: THRIVE COMMUNITY CHURCH. Ms. Hambrick read the caption of the Ordinance aloud. 29) MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS. There were no requests for future agenda items. 30) ADJOURN. The meeting adjourned at 7:21 p.m. City Council Regular Session September 9, 2024 Page 11 PASSED AND APPROVED THIS THE 23rd DAY OF SEPTEMBER 2024. _____________________________ Aaron Smith, Mayor ATTEST: _________________________________ Bonnie Hambrick, City Secretary