Athens City Council

REGULAR SESSION MONDAY, NOVEMBER 25, 2024 The City Council of the City of Athens, Texas, met in Regular Session on Monday, November 25, 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: Chad Allen, Chief of Police; Greg Werner, Fire Chief; Mandie Quigg, Assistant City Manager; Alan Anderson, Director of Development, Randy Williams, Utilities Director; Audrey Sloan, Planning and Zoning Manager, Bonnie Hambrick, City Secretary; Shannon Easley, Public Works Director; Donna Meredith, Community Development Manager; and Michael Hannigan, Social Media Manager. Others present: Jeff Whitnah, Danny Tidmore, Rebekah Craig, Micah Craig, Marcella Housman, DJ Warren, Tommie Thomas, Jackie and Traci Wilkes, Deborah Deas, 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 There were no conflicts of interest to disclose. 5) PUBLIC COMMUNICATIONS Deborah Deas, 1315 Robbins Rd. Athens, Texas asked the Council to amend the Master thoroughfare plan removing the inner loop that is partially on her property. She also expressed concern with the proposed street closure for a business and how the Council would consider a request from other businesses. Ms. Deas expressed support for the Council moving forward with the airport expansion project. Brent Muecke, 5880 CR 4518, Larue, Texas 75770. stated he had received the flag from Amazon to go on the flagpole. He stated he had requested a copy of an audio recording and had not received it. He also stated the pond was partially taken care of. City Council Regular Session November 25, 2024 Page 2 6) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPOINTMENT OF MANDIE QUIGG AS ASSISTANT CITY MANAGER FOR THE CITY OF ATHENS. Elizabeth Borstad, City Manager, stated the search for an Assistant City Manager began in July 2024. Forty-two (42) individuals submitted applications. Seven (7) candidates were chosen as semifinalists with three (3) being selected for final interviews by the panel. One candidate accepted another position prior to the interviews. Two (2) candidates were interviewed. She stated that based on the panel interviews Ms. Quigg was the best candidate for the City of Athens. Ms. Borstad asked Ms. Quigg to the podium. Ms. Quigg stated she was humbled and grateful for the recommendation and looking forward to serving the city in an expanded capacity. Ms. Borstad provided a job history for Ms. Quigg, stating she was Senior Accountant, promoted to Director of Finance; obtained her master’s in business administration and successfully became a certified government financial officer and was most recently appointed Chief Financial Officer in 2023. A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll, to approve the appointment of Mandie Quigg as Assistant City Manager for the City of Athens. The motion carried unanimously. There was a round of applause. 7) 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:  November 28 – The annual Turkey Trot will return to Athens on Thanksgiving morning, Nov. 28, 2024, at the Cain Center YMCA.  November 29-30 – The Athens Farmers Market will host its annual Holiday Market on Nov. 29 from 6 to 9 p.m. and Nov. 30 from 10 a.m. to 4 p.m. at the Cain Center YMCA.  December 2 – Trinity Valley Community College will host Medicare 101, a free educational event, on Dec. 2 from 6 to 7 p.m. at the Baugh Technology Building.  December 2 – The Cain Center YMCA will close its Christmas Tree Silent Auction on Dec. 2 at 1 p.m., benefiting YMCA programs.  December 5-7 – The East Texas Arboretum will open its Holiday Lights Dec. 5 through Dec. 7 at the Arboretum, featuring festive displays and family-friendly activities.  December 5 – Kolby Cooper will perform live at The Texan on Dec. 5, with doors opening at 6 p.m. and live music beginning at 7 p.m.  December 5-21 – The Henderson County Performing Arts Center and Stage Notes Academy will present Elf the Musical from Dec. 5 to Dec. 21 at HCPAC.  December 6 – Light Up Athens will host its annual Christmas Tree Lighting Ceremony on Dec. 6 from 6 to 8 p.m. on the north side of the square in Athens.  December 6 – Dehart Veterinary Services will hold a Wellness and Shot Clinic on Dec. 6 from 10 a.m. to 3 p.m. at Athens Animal Services. City Council Regular Session November 25, 2024 Page 3  December 7 – The Athens Christmas Parade will light up downtown Athens at 6:30 p.m. on Dec. 7.  December 7 – CASA of Trinity Valley will host its Winter Ball on Dec. 7 from 6 to 9 p.m. at Stone Oak Ranch.  December 7 – The Yuletide Market will take place Dec. 7 from 12 to 5 p.m. at The Texan as part of the Light Up Athens Holiday on the Square.  December 8 – The Henderson County Performing Arts Center will hold auditions for Southern Hospitality on Dec. 8 at 4:30 p.m. at the theater. 8) CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF NOVEMBER 8, 2024, WORK SESSION. b) CONSIDER APPROVING THE MINUTES OF NOVEMBER 12, 2024, REGULAR SESSION. c) CONSIDER A RESOLUTION APPROVING PARTICIPATION IN THE OPIOID SETTLEMENT AGREEMENT INVOLVING KROGER AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE TEXAS SETTLEMENT SUBDIVISION PARTICIPATION AND RELEASE FORM. Mayor Smith stated that Consent Agenda item b) minutes of November 12, 2024, Regular Session are not being considered. Councilmember Carroll requested that agenda item a) the minutes of November 8, 2024, Work Session be removed A motion was made Councilmember Barker, seconded by Councilmember Craig, to approve Consent Agenda item c) Consider a Resolution approving participation in the Opioid settlement agreement involving Kroger and authorize the City Manager to execute the Texas Settlement Subdivision Participation and Release Form. The motion carried unanimously. A motion was made by Councilmember Carroll, seconded by Councilmember Craig to accept the minutes of November 8, 2024, Work Session with the following update to the minutes: During the discussion the city was informed that the City Council could accept or decline funding. The motion carried unanimously. 9) UPDATE CONCERNING THE INSURANCE SERVICES OFFICE (ISO). Greg Werner, Fire Chief, provided an update on the status of the current evaluation of the city’s Insurance Services Office (ISO) rating. He stated the evaluation occurs every ten (10) years. 10) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF AN AMENDMENT OF A CHAPTER 380 AGREEMENT WITH ATHENS HOTEL GROUP, LLC. Ms. Borstad explained the agreement was approved during the last council meeting and Athens Hotel Group, LLC has requested modification in the opening paragraph of the agreement as follows: Athens Hotel Group, LLC & Successors and Assigns and in the assignment paragraph SECTION 9. MISCELLANEOUS PROVISIONS. (c) Assignment. This Agreement may not be assigned without the express written consent of the other party, except to either party’s successor in interest. Specifically, Developer shall be permitted to assign this Agreement to the subsequent, consecutive owner of the Property City Council Regular Session November 25, 2024 Page 4 A motion was made by Mayor Smith, seconded by Councilmember Carroll, to keep the agreement as previously approved. The motion carried unanimously. 11) RESOLUTIONS: a. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION OF SUPPORT AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST FOR FUNDING TO THE STATE OF TEXAS FOR THE FUNDING OF THE AIRPORT EXPANSION PROJECT. Ms. Borstad stated the project has been ongoing and staff is requesting Council to provide a Resolution of support for the Airport Expansion Project. The following spoke in favor of the project: Dr. Tina Elkins and Randy Ball. Discussion occurred. Mayor Smith stated that there are critical needs with the wastewater treatment plants. He stated three (3) Project Information Form (PIFs) where submitted with one being of over $18,000,000 and second one of over $18,000.00 and third one is $15,000,00. He stated due to the city’s disadvantaged status there would not be any principal forgiveness. He stated that the expansion project would be a great economic tool; however, the expansion must fit within the funding provided by the state. Councilmember Carroll requested that Garver Engineering be engaged to update the airport engineering study. A motion was made by Councilmember Barker, seconded by Councilmember Carroll to approve a Resolution of Support authorizing the City Manager to submit a request for funding to the State of Texas for the funding of the Airport Expansion Project. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, APPROVING THE SECOND READING OF A RESOLUTION AUTHORIZING THE ATHENS ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A PERFORMANCE AGREEMENT WITH ATHENS HOTEL GROUP, LLC. Donna Meredith, Community Development Manager, stated it is the second reading of the Resolution, and there was a minor change to revise the scope of work to include the following: underground drainage system. Ms. Borstad stated the site utilities, foundation and associated infrastructure were added. She stated they also request the assigns clause; however, it was not recommended by the EDC Board. Bonnie Hambrick, City Secretary, read the Caption of the Resolution aloud. A motion was made, Councilmember Craig, seconded Councilmember Carroll to approve the second reading of a Resolution authorizing the Athens Economic Development Corporation to enter into a Performance Agreement with Athens Hotel Group, LLC. The motion carried unanimously. c) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION GRANTING A REQUEST FROM DJ WARREN FOR APPROVAL OF THE FOOD TRUCK FRIDAY AND RELATED EVENTS AFFILIATED WITH ATHENS, TX FARMERS MARKET TO BE LOCATED ON THE 100 BLOCK OF WEST TYLER STREET City Council Regular Session November 25, 2024 Page 5 Audrey Sloan, Planning and Zoning Manager, stated that a request was made for approval to operate food truck Friday events in the 100 Block of W. Tyler in between Prairieville & Pinkerton on Friday evenings from 5:00 pm to 9:00 pm weather permitting. She stated approval is requested beginning now through the end of 2025. She further stated the applicant has received written permission from the owners of Freelancer’s Café (114 N Palestine St) and Athens Brewing Co (101 E Tyler St) for use of their restroom facilities during the event. DJ Warren stated she spoke with Judge McKinney, and he supports the event. She stated they discussed the street being block off on the east side. There was discussion regarding the number of food trucks, set up , take down, clean up, and adding County to their insurance, and vendor registration. Councilmember Craig expressed concern with blocking off half the street. Councilmember Carroll suggested exploring other locations in the city. A motion was made by Councilmember Carroll, seconded by Mayor Smith to table the item pending a draft agreement, and alternate locations The motion carried to Table the item by the following vote: Ayes: Mayor Smith, Councilmembers Carroll and Barker: Nays: Councilwoman Freeman and Councilmember Craig. Abstain: None. 12) PUBLIC HEARING CONCERNING A REQUEST FOR APPROVAL OF A ZONING CHANGE FROM SINGLE FAMILY RESIDENTIAL – 10 TO SINGLE-FAMILY RESIDENTIAL – 7 AND A SPECIFIC USE PERMIT FOR MANUFACTURED HOME FOR TRACT 159, T. PARMER SURVEY, A-782, ALSO KNOWN AS 905 W. CAYUGA DR. OWNER/APPLICANT: MARCELLA HOUSMAN. Ms. Sloan stated the property is located on W Cayuga Dr and is currently vacant. The current zoning is Single-Family – 10. The Future Land Use Plan designation is Medium Density Residential. She stated letters of notification were sent to the 20 surrounding property owners Within 200 ft. One response has been returned. She stated the request is for a zoning change to Single Family Residential 7 and Specific Use Permit for a manufactured home. She explained a manufactured home is not permitted in SF-10 zoning but is allowed with a SUP in both SF-7 & SF-5 zoning districts. Ms. Sloan presented the proposed site plan and the proposed structure. The Planning & Zoning Commission voted unanimously to recommend denial of the application due to lack of manufactured homes in the area. The owner has submitted a request for an appeal of the Planning and Zoning Commission’s decision to City Council. Ms. Sloan stated that since the Commission did not recommend approval a super majority vote is required of Council to approve the request. Ms. Housman discussed her proposal and presented pictures of the lot and surrounding area. There was discussion regarding the setback. Mayor Smith opened the Public hearing. There were no comments. The Public hearing was closed. City Council Regular Session November 25, 2024 Page 6 13) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FOR APPROVAL OF A ZONING CHANGE FROM SINGLE FAMILY RESIDENTIAL – 10 TO SINGLE-FAMILY RESIDENTIAL – 7 AND A SPECIFIC USE PERMIT FOR MANUFACTURED HOME FOR TRACT 159, T. PARMER SURVEY, A-782, ALSO KNOWN AS 905 W. CAYUGA DR. OWNER/APPLICANT: MARCELLA HOUSMAN. Ms. Hambrick read the caption of the Ordinance aloud. 14) PUBLIC HEARING CONCERNING A REQUEST FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO PLANNED DEVELOPMENT WITH COMMERCIAL BASE ZONING AND A CONCEPT PLAN FOR HOTEL AND RESTAURANT USE FOR LOT 21 OF THE C. H. COLEMAN SUBDIVISION, J. B. ATWOOD SURVEY, A-19, ALSO KNOWN AS 1802 STATE HIGHWAY 31 E. OWNER: HAYDEN ELDER TRUSTEE, APPLICANT: SHEZAD KAPADIA. Ms. Sloan stated the property is located on E State Highway 31 just to the east Rocky Ridge Rd. There is a vacant commercial building on the property. The current zoning of the property is Agriculture and the Future Land Use Plan designates the area as Commercial/Office. Letters of notification were sent to the seven (7) surrounding property owners within 200 ft. The zoning change from Agriculture to Planned Development with Commercial base zoning is for hotel and restaurant use and one (1) response was returned. Ms. Sloan presented the proposed concept plan. She stated that the Planning & Zoning Commission voted unanimously to recommend approval of the request with the stipulation that a revised concept plan to address: concerns with ingress/egress, sidewalks, and drainage. In addition, they requested confirmation of preliminary approval from TXDOT to be submitted. Mayor Smith opened the Public hearing. There were no comments. The Public hearing was closed. 15) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FOR APPROVAL OF A ZONING CHANGE FROM AGRICULTURE TO PLANNED DEVELOPMENT WITH COMMERCIAL BASE ZONING AND A CONCEPT PLAN FOR HOTEL AND RESTAURANT USE FOR LOT 21 OF THE C. H. COLEMAN SUBDIVISION, J. B. ATWOOD SURVEY, A-19, ALSO KNOWN AS 1802 STATE HIGHWAY 31 E. OWNER: HAYDEN ELDER TRUSTEE, APPLICANT: SHEZAD KAPADIA. Ms. Hambrick read the caption of the Ordinance aloud. 16) DISCUSS FIRST READING OF AN ORDINANCE AMENDING CHAPTER 23, FEES AND COST OF SERVICES TO INCLUDE FIRE/EMERGENCY RESPONSE BILLING. Mandie Quigg, Chief Financial Officer, stated the request is to amend Chapter 23, Fees and Cost of Services Ordinance to include addition of the fire service department to the fee schedule and incorporate recommended billing fees. She stated that currently the city does not bill for fire services. Chief Werner explained the theory for billing of fire services. Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session November 25, 2024 Page 7 17) CONSIDER FINAL READING OF AN ORDINANCE DESIGNATING A GEOGRAPHIC AREA WITHIN THE CITY AS A TAX INCREMENT REINVESTMENT ZONE PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE, TO BE KNOWN AS REINVESTMENT ZONE NUMBER ONE, CITY OF ATHENS, TEXAS; DESCRIBING THE BOUNDARIES OF THE ZONE; CREATING A BOARD OF DIRECTORS FOR THE ZONE AND APPOINTING MEMBERS OF THE BOARD; ESTABLISHING A TAX INCREMENT FUND (TIRZ FUND) FOR THE ZONE. Ms. Borstad stated there have been no changes to the Ordinance since the first reading. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made by Councilmember Craig, seconded by Councilwoman Freeman to approve reading final reading of an Ordinance designating a geographic area within the City as a Tax Increment Reinvestment Zone Pursuant to Chapter 311 of the Texas Tax Code, to be known as Reinvestment Zone Number One, City of Athens, Texas; describing the boundaries of the zone; creating a Board of Directors for the zone and appointing members of the Board; establishing a Tax Increment Fund (TIRZ Fund) for the zone. 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 18) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FOR APPROVAL OF A PLANNED DEVELOPMENT SITE PLAN FOR APARTMENT USE FOR BLOCK 38, LOT 1-B OF ATHENS OT, T. PARMER SURVEY, A-782; ALSO KNOWN AS 414 W. COLLEGE ST. OWNER: ATHENS TRAILS, LP. APPLICANT: DYLAN DEMPSEY. Ms. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. Hambrick read the caption of the Ordinance aloud. A motion was made Councilmember Carroll, seconded by Councilmember Barker to approve final reading of an Ordinance concerning a request for approval of a Planned Development site plan for apartment use for Block 38, Lot 1-B of Athens OT, T. Parmer Survey, A-782; also known as 414 W. College St. Owner: Athens Trails, LP. Applicant: Dylan Dempsey 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 City Council Regular Session November 25, 2024 Page 8 19) 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. ASSISTANT CITY MANAGER 20) EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING) a) PROSPECT #2502 21) 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 6:57 p.m. The City Council returned to Regular Session at 7:47 p.m. 22) 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. ASSISTANT CITY MANAGER The item was not discussed during Executive Session. No action was taken. 23) 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. PROSPECT #2502 No action was taken. 24) 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. A motion was made by Mayor Smith to approve a contract for the purchase of real property in the amount of $477,165 between AEDC and Christopher Weeks, Todd Weeks, and Jason Weeks on TR 63 AB 19 J B ATWOOD SUR, TR 63 (RE:LT 32) located 1611 FM 1616 Athens, Texas 75751 and a motion to approve a contract for purchase for real property in the amount of $300,000 between AEDC and Christopher Weeks, Todd Weeks, and Jason Weeks on TR 63E-1 AB 19 J B ATWOOD SUR, TR 63E-1 (REPLAT 6/3) located at 1619 FM 1616 Athens Texas, seconded by Councilmember Craig. The motion carried unanimously. 25) MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS. City Council Regular Session November 25, 2024 Page 9 Councilmember Carroll requested an item on December 9th regarding an agreement with Garver Engineering for an update of the airport study and, in January, an item regarding development in the ETJ. Mayor Smith requested that the thoroughfare plan appear on a future agenda. 26) ADJOURN. The meeting adjourned at 7:53 p.m. PASSED AND APPROVED THIS THE 9th DAY OF DECEMBER 2024. _____________________________ Aaron Smith, Mayor ATTEST: ________________________________ Bonnie Hambrick, City Secretary