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Athens City Council

Regular Meeting

Athens, TX · October 14, 2024

AgendaMinutes

Minutes

REGULAR SESSION MONDAY, OCTOBER 14, 2024 The City Council of the City of Athens, Texas, met in a Regular Session on Monday, October 14, 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 Blake Armstrong, City Attorney Staff Present: Chad Allen, Chief of Police; Greg Werner, Fire Chief; Bonnie Hambrick, City Secretary; Audrey Sloan, Planning and Zoning Manager; Randy Williams, Utilities Director; Donna Meredith, Community Development Manager; Michael Hannigan, Social Media Manager; Capt. Brittney Lee. Others present: Dr. Pugh, Debra Wilson, Von Thomas, Micah Craig, Scott Fullingim Attorney Bryon Kelley, Chip and Anne Perryman, Kenneth Artz, Alan Anderson, Deborah Deas, Tommie Thomas, Pastor Ernest Freeman, Carol Morton 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 Mayor Smith. 3) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4) DECLARATION OF CONFLICT OF INTEREST No action was taken. 5) PUBLIC COMMUNICATIONS Brent Muecke, 5880 CR 4518, Larue, Texas 75770, expressed concern with the safety at parks. Deborah Deas, 1315 Robins Rd, Athens, Texas, asked the Council to discuss the City of Athens future thoroughfare plan Ordinance, and asked council to consider removing the secondary throughfare plan from Hwy. 31 continuing to Hwy. 175. 6) PROCLAMATION – “BREAST CANCER AWARENESS MONTH” Mayor Smith proclaimed October 2024, as “Breast Cancer Awareness Month. 7) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPOINTMENT OF ALAN ANDERSON AS DIRECTOR OF DEVELOPMENT FOR THE CITY OF ATHENS. City Council Regular Session October 14, 2024 Page 2 Elizabeth Borstad, City Manager, introduced Alan Anderson. She stated Mr. Anderson has 20 years of professional experience in Municipal Government with a background in capital improvement, commercial development and engineering. She stated she is recommending Mr. Anderson to be Director of Development for the City of Athens. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman to approve the appointment of Alan Anderson as Director of Development for the City of Athens. The motion carried unanimously. 8) MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY. • ANNOUNCEMENT OF COMMUNITY EVENTS Ms. Borstad announced the following events: • Tuesday, Oct. 15 - Henderson County Wildlife Committee Fall Rendezvous at the Cain Center YMCA starting at 6 p.m. • Tuesday, Oct. 15 -Senior Citizens Homecoming Dance at the Athens Country Club from 2-4 p.m. • Wednesday, Oct. 16 - Fraud Bingo with Vera Bank at the Cain Center YMCA at 11:30 a.m. • Thursday, Oct. 17 - TVCC SBDC hosts How to Boost Sales Using Google Tools at Jalapeno Tree at 12 p.m. • Friday, Oct. 18 - Cheesin' Fest Halloween BBQ Comedy Show at The Texan from 6-10 p.m. • Friday, Oct. 18 - PINK OUT DAY -- Athens Hornets play No. 1 ranked Carthage at Bruce Field at 7:30 p.m. • Friday, Oct. 18 - Dehart Veterinary Services Wellness and Shot Clinic at the Athens Animal Shelter from 10 a.m. to 3 p.m. • Saturday, Oct. 19 - 211 Gallery's "Some Assembly Required" show opening from 3-5 p.m. • Sunday, Oct. 20 - CarterBlood Care Blood Drive at First Methodist Church from 8:30 a.m. to 12:30 p.m. • Sunday, Oct. 20 - Henderson County Performing Arts Center Trunk or Treat at HCPAC from 4-6 p.m. (Chance to get costumes) • Monday, Oct. 21 - Cedar Creek Veterans Foundation Golf Tournament at the Pinnacle Golf Club. • Thursday, Oct. 24 - Do Well, Be Well with Diabetes at UT Health East Texas from 2-4 p.m. This is the start of a 5-session weekly series by the AgriLife Extension Service. • Thursday, Oct. 24 - Henderson County Performing Arts Center opens "Wait Until Dark," which will run through Oct. 27. • Friday-Sunday, Oct. 25-27 - Elder Dodge Shootout, NFR-style Open event at the Henderson County Fair Park Complex. • Friday, Oct. 25 - East Texas Arboretum Plant Sale at the Arboretum from 9 a.m. to 5 p.m. • Saturday, Oct. 26 - East Texas Arboretum Fall Festival at the Arboretum from 10 a.m. to 3 p.m. • Saturday, Oct. 26 - Prescription Drug Take Back Day at the Athens Police Department from 9 a.m. to 2 p.m. Ms. Borstad stated the Aimal Shelter opening was really great, and stated the hours are 11:00 a.m. -5:00 p.m. Monday – Friday and Saturday 11:00 a.m. to 7:00 p.m. Mayor Smith stated that a lot of work has been done at the pond at the Cain Center and it looks really nice. He encouraged citizens to visit the pond. City Council Regular Session October 14, 2024 Page 3 9) EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE; SECTION 551.071 (CONSULTATION WITH ATTORNEY; CLOSED MEETING) CONSULTATION WITH ATTORNEY TO RECEIVE LEGAL ADVICE AND COUNSEL. The City Council convened in Executive Session at 5:45 p.m. The City Council returned to Regular Session at 6:06 p.m. 10) CONSIDER AND TAKE ACTION, AS NECESSARY, RESULTING FROM DELIBERATIONS IN EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.071 (CONSULTATION WITH ATTORNEY; CLOSED MEETING) CONSULTATION WITH ATTORNEY TO RECEIVE LEGAL ADVICE AND COUNSEL. No action was taken. 11) CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF THE SEPTEMBER 20, 2024, WORK SESSION. b) CONSIDER APPROVING THE MINUTES OF THE SEPTEMBER 23, 2024, REGULAR SESSION. c) CONSIDER A RESOLUTION NOMINATING A CANDIDATE TO HENDERSON COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS, PLACE 2. A motion was made by Councilmember Craig, seconded by Councilwoman Freeman to approve the Consent Agenda. The motion carried unanimously. 12) RESOLUTIONS a. CONSIDER FINAL READING OF A RESOLUTION APPROVING ATHENS ECONOMIC DEVELOPMENT CORPORATION BUSINESS START-UP GRANT PROGRAM AND AUTHORIZING A TOTAL EXPENDITURE OF $30,000 WITH A CAP OF $7,500 PER APPLICANT FOR FISCAL YEAR 2025 Donna Meredith, Community Development Manager, stated there have been no changes since the first reading of the Resolution. Bonnie Hambrick, City Secretary, read the caption of the Resolution aloud. A motion was made by Mayor Smith, seconded by Councilwoman Freeman to approve final reading of a Resolution approving Athens Economic Development Corporation Business Start-up Grant Program and authorizing a total expenditure of $30,000 with a cap of $7,500 with the funding being reimbursable. The motion carried unanimously. b. CONSIDER FINAL READING OF A RESOLUTION APPROVING ATHENS ECONOMIC DEVELOPMENT CORPORATION COMMUNITY DEVELOPMENT GRANT GUIDELINES AND AUTHORIZING THE EXPENDITURE OF $175,000 FOR FISCAL YEAR 2025 Ms. Meredith stated there have been no changes since the first reading of the Resolution. Ms. Hambrick, City Secretary, read the caption of the Resolution aloud. City Council Regular Session October 14, 2024 Page 4 A motion was made by Councilmember Carroll, seconded by Councilmember Barker to approve final reading of a Resolution approving Athens Economic Development Corporation Community Development Grant guidelines and authorizing the expenditure of $175,000 for Fiscal Year 2025. The motion carried unanimously. c. CONSIDER FINAL READING OF A RESOLUTION APPROVING ATHENS ECONOMIC DEVELOPMENT CORPORATION BUSINESS ASSISTANCE GRANT GUIDELINES AND AUTHORIZING THE EXPENDITURE OF $100,000 FOR FISCAL YEAR 2025 Ms. Meredith stated there have been no changes since the first reading of the Resolution. Ms. Hambrick, City Secretary, read the caption of the Resolution aloud. A motion was made by Councilmember Craig, seconded by Councilmember Barker to approve final reading of a Resolution approving Athens Economic Development Corporation Business Assistance Grant Guidelines and authorizing the expenditure of $100,000 for Fiscal Year 2025. The motion carried unanimously. d. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE DEMOLITION OF THE R.C. FISHER BUILDING LOCATED AT 404 MARTIN LUTHER KING JR. BLVD, ATHENS, TEXAS 75751 AND AWARDING IFB24-3801.02 TO RISE UP CONSTRUCTION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR DEMOLITION. Ms. Borstad stated that Ron Hobbs Architects assisted in preparing the bid packet for the demolition of the school building located at 404 MLK. A total of eight (8) bids were received, with Rise Up Construction being the apparent low bidder. Reference checks were completed with all four (4) references providing positive feedback. Ms. Borstad stated that staff is recommending rewarding to the low bidder. A motion was made by Councilmember Barker, seconded by Councilmember Craig to approve a Resolution authorizing the demolition of the R.C. Fisher building located at 404 Martin Luther King Jr. Blvd, Athens, Texas 75751 and awarding IFB24-3801.02 to Rise Up Construction and authorizing the City Manager to enter into a contract for demolition. The motion carried unanimously. e. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A 380 AGREEMENT WITH RAJCHANDRA, LLC DBA SUPER 8 BY WYNDHAM. Ms. Borstad explained that this is the first business to request utilization of the city’s Hotel Capital Investment Program. She stated the request is from the Super 8 by Wyndham. The funds are for parking lot improvements. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to approve a Resolution authorizing the City Manager to enter into a 380 Agreement with RAJCHANDRA, LLC dba Super 8 by Wyndham. City Council Regular Session October 14, 2024 Page 5 The motion carried unanimously. f) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION ACCEPTING SEALED INVITATION FOR BID IFB24-6103 FOR THE LUCAS DRIVE AND CLINTON AVENUE WATERLINE UPGRADE PROJECT FROM PRECISION CONSTRUCTION UTILITIES, LLC., AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT AS FUNDED BY THE TEXAS WATER DEVELOPMENT BOARD. Randy Williams, Utilities Director, stated that Lucas and Clinton are a continuation of Texas Water development Board Project to replace water mains. The project ended with unused funds and the TWDB will allow you to add projects. He stated that a total of six bids were received, and recommended awarding to low bidder Precision Construction. A motion was made Councilmember Barker, seconded by Councilwoman Freeman to approve a Resolution accepting Sealed Invitation for bid IFB24-6103 for the Lucas Drive and Clinton Avenue Waterline Upgrade Project from Precision Construction Utilities, LLC., and authorize the City Manager to enter into an agreement as funded by the Texas Water Development Board. The motion carried unanimously. 13) PUBLIC HEARING CONCERNING A REQUEST FROM ANIL RAM OF ADR DESIGNS LLC FOR A ZONING CHANGE REQUEST FROM SINGLE FAMILY RESIDENTIAL-10, RETAIL, AND PLANNED DEVELOPMENT TO PLANNED DEVELOPMENT – 1 WITH RETAIL BASE ZONING AND A REQUEST FOR PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR HOTEL USE FOR LOT 3 OF THE SCC ATHENS ADDITION, T. PARMER SURVEY, A-782, LOCATED ON COLEMAN ST & E CORSICANA ST; ALSO KNOWN AS PROPERTY ID: 5559. OWNER: SCC ATHENS PARTNERS LLC. Audrey Sloan, Planning and Zoning Manager, stated since the first reading of Ordinance, two (2) new documents were added to the packet: 1. List of Hampton Inn Land Sizes within the DFW 2. Letter of support from UT Health She stated the application was not approved by the Planning & Zoning Commission and this will require a super majority vote from the Council to approve the request. Mayor Smith opened the Public Hearing: The following spoke in opposition to the request: Chip Perryman Anne Perryman Dr. Dan Pugh Ms. Betty Boswell Kelly Shaw, SCC Development stated that major employers that he has spoken with have said they are in favor of the hotel. The employers included UT Health, Biomerics, and Trinity Valley Community College. Mr. Shaw asked the council for their approval with the project. The Public Hearing was closed. City Council Regular Session October 14, 2024 Page 6 14) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FROM ANIL RAM OF ADR DESIGNS LLC FOR A ZONING CHANGE REQUEST FROM SINGLE FAMILY RESIDENTIAL-10, RETAIL, AND PLANNED DEVELOPMENT TO PLANNED DEVELOPMENT – 1 WITH RETAIL BASE ZONING AND A REQUEST FOR PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR HOTEL USE FOR LOT 3 OF THE SCC ATHENS ADDITION, T. PARMER SURVEY, A-782, LOCATED ON COLEMAN ST & E CORSICANA ST; ALSO KNOWN AS PROPERTY ID: 5559. OWNER: SCC ATHENS PARTNERS LLC. Ms. Hambrick read the caption of the Ordinance aloud. A motion was by made Councilmember Carroll, second by Councilwoman Freeman to approve final reading of an Ordinance concerning a request from Anil Ram of ADR Designs LLC for a zoning change request from Single Family Residential-10, Retail, and Planned Development to Planned Development – 1 with Retail base zoning and a request for Planned Development site plan approval for hotel use for Lot 3 of the SCC Athens Addition, T. Parmer Survey, A-782, located on Coleman St & E Corsicana St; also known as Property ID: 5559. Owner: SCC Athens Partners LLC. After the 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 Nay Bryan Barker, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 1 Motion carried 4-1 15) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 22, ARTICLE IV, SECTION 22-32(E) OF THE CITY CODE OF ORDINANCES TO INCORPORATE THE USE OF “SHORT TERM RENTAL” INTO THE USE CHART AND TO AMEND CHAPTER 22, APPENDIX A, A3 TO ESTABLISH DEFINITIONS FOR SAID USE. Ms. Sloan explained since the work session the use of short-term rentals would be permitted by right in every zoning district except for Industrial, and no proposed changes to the definition of short-term rentals. Ms. Borstad clarified there were changes from the Planning and Zoning Commission’s recommendation. She stated in their recommendation the use chart was not allowed in residential zoning types, and from work session with city council the recommendation was to allow STRs in all zoning districts except Industrial zoning. Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session October 14, 2024 Page 7 A motion was made by Councilmember Barker, seconded by Councilwoman Freeman, to approve final reading of an Ordinance concerning a request to amend Chapter 22, Article IV, Section 22- 32(e) of the City Code of Ordinances to incorporate the use of “short term rental” into the use chart and to amend Chapter 22, Appendix A, A3 to establish definitions for said use After the roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Nay SyTanna Freeman, Mayor Pro Tem Aye Mark Carroll, Councilmember Aye Cody Craig, Councilmember Aye Bryan Barker, Councilmember Aye Voted in favor of the motion 4 Voted against the motion 1 Motion carried 4-1 16) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 13 OF THE CITY CODE OF ORDINANCES TO INCORPORATE ARTICLE IX PROVIDING REGULATIONS FOR SHORT-TERM RENTALS. Ms. Sloan presented the draft changes discussed in previous work sessions: 1. Parking regulations updated to reference existing parking regulations adopted by the City. 2. Noise regulations updated to reference existing noise regulations adopted by the City. 3. Pre-existing STRs. Updated to require pre-existing STRs to obtain a permit and pay any delinquent hotel occupancy taxes owed to the City within 90 days of the effective date. Any pre-existing STRs that fail to or are unable to obtain a permit and/or pay any delinquent hotel occupancy taxes owed to the City within 90s days of the effective date shall cease use of the STR until a permit is obtained and delinquent taxes are paid. 4. Review of Ordinance by City Council updated from 1 year to 6 months. Councilmember Craig suggested changes to Parking restrictions, noise regulations and pre - existing STRs. Discussion with City Attorney Blake Armstrong regarding the collection of taxes. Attorney Bryon Kelley asked for clarification regarding permitting. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember Barker, seconded by Councilwoman Freeman to approve final reading of an Ordinance concerning a request to amend Chapter 13 of the City Code of Ordinances to incorporate Article IX providing regulations for short-term rentals. After the 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 Nay Bryan Barker, Councilmember Aye City Council Regular Session October 14, 2024 Page 8 Voted in favor of the motion 4 Voted against the motion 1 Motion carried 4-1 Mayor Smith deferred to City Attorney Armstrong on guidance with a motion. Attorney Armstrong stated the motion can be amended, and further discussion occurred. Councilmember Craig made a motion to amend the previous passing motion, a second was made by Councilmember Carroll to approve final reading of an Ordinance concerning a request to amend Chapter 13 of the City Code of Ordinances to incorporate Article IX providing regulations for short-term rentals with the following changes: Sec. 13-162, Paragraph F shall read: "Parking restrictions. All parking regulations adopted by the City shall apply to STRs." Sec. 13-162, Paragraph J shall read: "Noise regulations. All noise regulations adopted by the City shall apply to STRs." Sec. 13-167, Paragraph A shall read: "An owner of a short-term rental that was in existence prior to the effective date of this article shall obtain a permit from the City within 90 days of the effective date and begin to pay hotel occupancy tax as of that date." Sec.13-167, Paragraph B shall read: "Any owner of a short-term rental that was in existence prior to the effective date of this article, and who fails or refuses to obtain a permit from the City within 90 days of the effective date, shall discontinue the short-term rental use until such time when a permit is obtained." After the 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 17) PUBLIC HEARING CONCERNING A REQUEST FROM MORRIS & MARY WESTBROOK FOR APPROVAL OF THE ANNEXATION OF 2.5541 ACRES LOCATED AT 3175 STATE HIGHWAY 31 E. Ms. Sloan stated the property is located off East State Highway 31 outside the city limits former location of OGD – Overhead Garage Doors. The annexation is 2.5541 acres is being voluntarily requested by the owners for the purpose of new commercial development along with the adjacent lots. A public hearing notice was published in the local newspaper and on the City’s website in accordance with state law. Also, all taxing entities & public entities have been notified of the annexation request. City Council Regular Session October 14, 2024 Page 9 Mayor Smith opened the Public Hearing. There were no comments. The Public Hearing was closed. 18) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM MORRIS & MARY WESTBROOK FOR APPROVAL OF THE ANNEXATION OF 2.5541 ACRES LOCATED AT 3175 STATE HIGHWAY 31 E. Ms. Hambrick read the caption of the Ordinance aloud. 19) PUBLIC HEARING CONCERNING A REQUEST FROM GUY SIMP TO ASSIGN A ZONING DESIGNATION OF COMMERCIAL UPON ANNEXATION TO TRACT 119C, J. B. ATWOOD SURVEY, A-19, ALSO KNOWN AS 3175 STATE HIGHWAY 31 E. OWNERS: MORRIS & MARY WESTBROOK. Ms. Sloan explained that the applicant is requesting a zoning designation of Commercial to be assigned to the specified property upon annexation into the city limits. It is the same zoning as the adjacent property inside the city limits and will allow for proposed use of the gas station. Ms. Sloan stated the Planning and Zoning Commission approved the zoning designation request. 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 GUY SIMP TO ASSIGN A ZONING DESIGNATION OF COMMERCIAL UPON ANNEXATION TO TRACT 119C, J. B. ATWOOD SURVEY, A-19, ALSO KNOWN AS 3175 STATE HIGHWAY 31 E. OWNERS: MORRIS & MARY WESTBROOK. Ms. Hambrick read the caption of the Ordinance aloud. 21) PUBLIC HEARING CONCERNING A REQUEST FROM CARLOS MUNOZ AND PATRICIA BELTRAN FOR A SPECIFIC USE PERMIT FOR MANUFACTURED HOME USE IN A SINGLE-FAMILY RESIDENTIAL – 5 ZONING DISTRICT FOR BLOCK 10, LOTS 2 & 3 OF THE BISHOP HEIGHTS ADDITION, T. PARMER SURVEY, A-782, ALSO KNOWN AS 603 WILLIAMS ST. OWNER: CARLOS MUNOZ. – Ms. Sloan stated the property consists of two (2) lots and the current zoning is Single-Family – 5. The Future Land Use Plan designation is Medium Density Residential. She stated letters of notification were sent to the 20 surrounding property owners with 200 ft. No responses have been returned. Ms. Sloan stated the SUP is to install a refurbished manufactured home on the property. The applicant has submitted a replat application to combine the two (2) lots into one. The Planning & Zoning Commission voted unanimously to recommend approval of the request. City Council Regular Session October 14, 2024 Page 10 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 CARLOS MUNOZ AND PATRICIA BELTRAN FOR A SPECIFIC USE PERMIT FOR MANUFACTURED HOME USE IN A SINGLE-FAMILY RESIDENTIAL – 5 ZONING DISTRICT FOR BLOCK 10, LOTS 2 & 3 OF THE BISHOP HEIGHTS ADDITION, T. PARMER SURVEY, A-782, ALSO KNOWN AS 603 WILLIAMS ST. OWNER: CARLOS MUNOZ. Ms. Hambrick read the caption of the Ordinance aloud. 23) MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS. There were no requests for future agenda items. Ms. Borstad stated that a very special person in the audience had a birthday last week. Micah Craig approached the podium and stated he was 13. The Council and audience sang Happy Birthday to Micah Craig. 24) ADJOURN. Micah Craig gaveled the Council to adjournment at 7:30 p.m. PASSED AND APPROVED THIS THE 28th DAY OF OCTOBER 2024. _____________________________ Aaron Smith, Mayor ATTEST: _________________________________ Bonnie Hambrick, City Secretary

Agenda

NOTICE TO PUBLIC Notice is hereby given that the City Council of the City of Athens, Texas, will meet in Regular Session on Monday, October 14, 2024, at 5:30 p.m., in the Civic Hall, Room 216 of the Cain Center, 915 S. Palestine Street, Athens, Texas to consider the following: 1) Call to Order 2) Invocation 3) Pledge of Allegiance 4) Declaration of Conflict of Interest 5) Public Communications “Pursuant to Texas Government Code section 551.007, members of the public may speak on an agenda item during the public communication section of the meeting, or at the time the agenda item is called for discussion by the Mayor. Speakers shall be given three (3) minutes to speak. A speaker needing a translator and/or interpreter may be given six (6) minutes to speak. Members of the public wishing to address the Council on non-agenda items may do so pursuant to the same time constraints as agenda items. The Council will not comment on items not on the agenda; however, the Council may refer the item to City Staff for research, resolution or referral of the matter to the Council as a future agenda item.” 6) Proclamation – “Breast Cancer Awareness Month” 7) Discuss, consider, and take action, as necessary, concerning the appointment of Alan Anderson as Director of Development for the City of Athens. – [E. Borstad, City Manager] 8) Mayor, City Council and/or City Manager updates involving Community Events and issues of Public Safety.  Announcement of Community Events 9) Executive Session Pursuant to the Texas Government Code; Section 551.071 (Consultation with Attorney; Closed Meeting) Consultation with Attorney to receive legal advice and counsel. 10) Consider and take action, as necessary, resulting from deliberations in Executive Session Pursuant to the Texas Government Code, Section 551.071 (Consultation with Attorney; Closed Meeting) Consultation with Attorney to receive legal advice and counsel. 11) Consent Agenda (All matters listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the City Council. The item may subsequently be removed from the Consent Agenda to be considered separately.) a) Consider approving the minutes of the September 20, 2024, Work Session. b) Consider approving the minutes of the September 23, 2024, Regular Session. c) Consider a Resolution nominating a candidate to Henderson County Appraisal District Board of Directors, Place 2. 12) Resolutions a) Consider final reading of a Resolution approving Athens Economic Development Corporation Business Start-up Grant Program and authorizing a total expenditure of $30,000 with a cap of $7,500 per applicant for Fiscal Year 2025 – [D. Meredith, Community Development Manager] b) Consider final reading of a Resolution approving Athens Economic Development Corporation Community Development Grant guidelines and authorizing the expenditure of $175,000 for Fiscal Year 2025 – [D. Meredith] c) Consider final reading of a Resolution approving Athens Economic Development Corporation Business Assistance Grant Guidelines and authorizing the expenditure of $100,000 for Fiscal Year 2025 – [D. Meredith] d) Discuss, consider, and take action, as necessary, concerning the approval of a Resolution authorizing the demolition of the R.C. Fisher building located at 404 Martin Luther King Jr. Blvd, Athens, Texas 75751 and awarding IFB24- 3801.02 to Rise Up Construction and authorizing the City Manager to enter into a contract for demolition. – [E. Borstad] e) Discuss, consider, and take action, as necessary, concerning the approval of a Resolution authorizing the City Manager to enter into a 380 Agreement with RAJCHANDRA, LLC dba Super 8 by Wyndham. – [E. Borstad] f) Discuss, consider, and take action, as necessary, concerning the approval of a Resolution accepting Sealed Invitation for bid IFB24-6103 for the Lucas Drive and Clinton Avenue Waterline Upgrade Project from Precision Construction Utilities, LLC., and authorize the City Manager to enter into an agreement as funded by the Texas Water Development Board. – [R. Williams, Utilities Director] 13) Public hearing concerning a request from Anil Ram of ADR Designs LLC for a zoning change request from Single Family Residential-10, Retail, and Planned Development to Planned Development – 1 with Retail base zoning and a request for Planned Development site plan approval for hotel use for Lot 3 of the SCC Athens Addition, T. Parmer Survey, A-782, located on Coleman St & E Corsicana St; also known as Property ID: 5559. Owner: SCC Athens Partners LLC. – [A. Sloan, Planning and Zoning Manager] 14) Consider final reading of an Ordinance concerning a request from Anil Ram of ADR Designs LLC for a zoning change request from Single Family Residential- 10, Retail, and Planned Development to Planned Development – 1 with Retail base zoning and a request for Planned Development site plan approval for hotel use for Lot 3 of the SCC Athens Addition, T. Parmer Survey, A-782, located on Coleman St & E Corsicana St; also known as Property ID: 5559. Owner: SCC Athens Partners LLC. – [A. Sloan] 15) Consider final reading of an Ordinance concerning a request to amend Chapter 22, Article IV, Section 22-32(e) of the City Code of Ordinances to incorporate the use of “short term rental” into the use chart and to amend Chapter 22, Appendix A, A3 to establish definitions for said use. – [A. Sloan] 16) Consider final reading of an Ordinance concerning a request to amend Chapter 13 of the City Code of Ordinances to incorporate Article IX providing regulations for short-term rentals. – [A. Sloan] 17) Public hearing concerning a request from Morris & Mary Westbrook for approval of the annexation of 2.5541 acres located at 3175 State Highway 31 E. – [A. Sloan] 18) Discuss first reading of an Ordinance concerning a request from Morris & Mary Westbrook for approval of the annexation of 2.5541 acres located at 3175 State Highway 31 E . – [A. Sloan] 19) Public hearing concerning a request from Guy Simp to assign a zoning designation of Commercial upon annexation to Tract 119C, J. B. Atwood Survey, A-19, also known as 3175 State Highway 31 E. Owners: Morris & Mary Westbrook. – [A. Sloan] 20) Discuss first reading of an Ordinance concerning a request from Guy Simp to assign a zoning designation of Commercial upon annexation to Tract 119C, J. B. Atwood Survey, A-19, also known as 3175 State Highway 31 E. Owners: Morris & Mary Westbrook. – [A. Sloan] 21) Public hearing concerning a request from Carlos Munoz and Patricia Beltran for a Specific Use Permit for manufactured home use in a Single-Family Residential – 5 zoning district for Block 10, Lots 2 & 3 of the Bishop Heights Addition, T. Parmer Survey, A-782, also known as 603 Williams St. Owner: Carlos Munoz. – [A. Sloan] 22) Discuss first reading of an Ordinance concerning a request from Carlos Munoz and Patricia Beltran for a Specific Use Permit for manufactured home use in a Single- Family Residential – 5 zoning district for Block 10, Lots 2 & 3 of the Bishop Heights Addition, T. Parmer Survey, A-782, also known as 603 Williams St. Owner: Carlos Munoz. – [A. Sloan] 23) Mayor and City Council’s request for future agenda items. 24) Adjourn. Executive Session (Closed Meeting): Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. If, during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071 - Private consultation with the attorney for the City. § 551.072 - Discussing purchase, exchange, lease or value of real property. § 551.074 - Discussing personnel or to hear complaints or charges against personnel or officials. “PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN.” “DE CONFORMIDAD CON LA SECCIÓN 30.06, CÓDIGO PENAL (ESTAR EN ESTA PROPIEDAD POR TITULAR DE LA LICENCIA CON UNA PISTOLA OCULTA), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411, CÓDIGO DE GOBIERNO (LEY DE LICENCIAS ARMA DE FUEGO), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA OCULTA.” "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY" “DE CONFORMIDAD CON LA SECCIÓN 30.07, CÓDIGO PENAL (ESTAR EN ESTA PROPIEDAD POR TITULAR DE LA LICENCIA CON UNA PISTOLA EN PLENO VISTA), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411, CÓDIGO DE GOBIERNO (LEY DE LICENCIAS ARMA DE FUEGO), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA EN PLENO VISTA” This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional accommodations or interpretive services must be made 48 hours prior to any meeting. Please contact the City Secretary’s Office at (903) 675-5131 or by FAX (903) 675-7562 for further information. _________________________________ Bonnie Hambrick ________ Removed

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