Athens City Council

REGULAR SESSION MONDAY, MARCH 24, 2025 The City Council of the City of Athens, Texas, met in a Regular Session on Monday, March 24, 2025, 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; Ricky Harris, Assistant Fire Chief; Mandie Quigg, Assistant City Manager; Alan Anderson, Director of Development; Audrey Sloan, Planning and Zoning Manager; Bonnie Hambrick, City Secretary; Randy Williams, Utilities Director; Shannon Easley, Public Works Director; Donna Meredith, Community Development Manager; Michael Hannigan, Social Media Manager; Sarah Smith, Director of Finance. Others present: Micah Craig, Jack Price, Deborah Deas, Carol Morton, Scott Berkley, Richard Wells, Michael Loper, Samuel Behr Lashonda Allen Wade Carter, Sue Brannan, Dr. Yagnesh Desai, Barbara Bowman, Gail Chock, Jackie Barker, Eugene Barker, Louis Cofer, Johnny and Pam Johnson, Laurie Hannan, Demetria Bivens, Cindy Oliver, Rev. Bill Burton, Buddy Daniels, Jon Smith, John Friedman, Olivia Hardin and other concerned citizens. Constituting a quorum at which time the following proceedings were enacted, to – wit: 1) CALL TO ORDER The meeting was called 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 Conflict of Interest was declared. 5) PUBLIC COMMUNICATIONS Ms. Barbara Bowman, 6 Guadalupe Dr., Athens, Texas; expressed concern with development on Mill Run Road and property value, and asked what development is happening in North Athens. Rev. Bill Burton, 102 Carroll Drive, Athens, Texas, invited the Council to a Community Meeting on April 5th at Allen Chapel Church. 6) PROCLAMATION – “KEEP AMERICA BEAUTIFUL, INC. GREAT AMERICAN CLEANUP 2025”. Carol Morton stated the Clean Up is on April 12th. City Council Regular Session March 24, 2025 Page 2 Mayor Smith proclaimed April 12, 2025, as Keep America Beautiful/Great American Cleanup Day. 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 Elizabeth Borstad, City Manager, announced the following events:  The Henderson County Livestock Show is underway and will run through Saturday, March 29, at the Fair Park Complex.  Athens VFW Post 7103 will host a three-day event March 27–29 honoring Vietnam veterans and featuring the Vietnam War Traveling Wall.  Stage Notes Academy of Performing Arts will present "The Stinky Cheese Man and Other Fairly Stupid Tales" on March 28-29 at 7 p.m., with matinee performances on March 30 at 3 p.m.  Dehart Veterinary Services will hold a Wellness and Shot Clinic on Thursday, March 27, from 10 a.m. to 3 p.m. at the Athens Animal Shelter.  The Henderson County Art Club will host the 95th Annual Fine Art & Photography Show & Sale on Friday, March 28, and Saturday, March 29, at the East Texas Arboretum.  The Alzheimer’s Coalition of Henderson County will hold its annual fundraiser featuring a Chicago tribute band at 6 p.m. on Saturday, March 29, at The Texan.  Athens Masonic Lodge 165 will host a blood drive on Saturday, March 29, from 9 a.m. to 4 p.m.  TVCC Adult Continuing Education will hold a Fun Family Fitness event on April 1 from 10 a.m. to 1 p.m. at the TVCC-Athens Campus. This interactive event offers creative ways to make physical activity enjoyable for all ages.  The Henderson County HELP Center and Maggie’s House Child Advocacy Center will host the Boot Out Child Abuse Gala on Saturday, April 5.  The 3rd Annual Henderson County Young Life Golf Tournament will take place Monday, April 7, at the Athens Country Club. Mayor Smith announced the following:  Athens ISD Seniors Cooper Rich and Isaac Hoch claimed their second straight state championship in CX debate, and with this latest title, Athens High School undisputedly ranks among the top 15 winningest CX debate programs in the state of Texas. There was a round of applause  Congratulated Mayor Pro Tem and Pastor Ernest Freeman on their 13th Pastoral Anniversary. There was a round of applause. 8) HEAR AN UPDATE FROM UT EMS/AIR 1. Scott Berkely, , EMS Radio Network & IT, Government Relations, introduced members of UT Health EMS who would also provide updates. Mr. Berkely provided a brief overview of UT EMS/AIR 1 and update on UT EMS/AIR 1 system Coverage Area, as well as UT EMS’ accreditation. Todd Loper provided an update on 2024 call volumes by the numbers and transport for the City of Athens. City Council Regular Session March 24, 2025 Page 3 Dr. Desai presented the training that EMS receives medical devices bi-annually, and stated they are purchasing new ambulances. Sam Behr provided additional information on training provided to the City of Athens, local banks, churches, and works closely with first responders. He stated that continued education is provided to the fire department on a monthly basis. He stated how EMS is involved in Community Outreach and engagement assisting and staging at events at larger events. Buddy Daniels, local administrator, provided a recap of EMS AIR 1’s main purpose and how they measure success. He stated their measures are below the national and local standards. He stated that Athens is the home base for AIR 1. Mayor Smith thanked UT EMS/AIR 1 for their partnership with the City of Athens and what they do. There was a round of applause. 9) ATHENS POLICE DEPARTMENT UPDATE. Mayor Smith stated that the item was being pulled and would not be presented. 10) DEVELOPMENT SERVICES UPDATE. Alan Anderson, Director of Development, provided an update on development services that included the following:  Communication with residents, developers and contractors in the field.  Kickoff meeting for the software migration from MyGOV to MGO.  Presented slides for Code Enforcement, Planning and Zoning with meeting Calendars updated and checklist created and are uniform.  Creation of a checklist for plats and final flats.  Creation of a checklist for inspections, and submittal process.  The guide for Short Term Rental information was created. He stated since the registration began two (2) individuals have picked up the applications One (1) person has returned the permit application with documentation, and they are working through some zoning issues. Ms. Borstad stated that staff had a call with Avenue Insights, a company that could potentially aid the city with identifying and assisting in the tracking of short-term rentals. 11) CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF MARCH 10, 2025, REGULAR SESSION. b) CONSIDER APPROVING THE MINUTES OF MARCH 17, 2025, SPECIAL SESSION. c) CONSIDER APPROVING A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A RENEWAL LAND LEASE AGREEMENT WITH GORDON LINGLE, LOT 9 – SECTION 3, AT ATHENS MUNICIPAL AIRPORT. d) CONSIDER A RESOLUTION AUTHORIZING THE ROAD CLOSURE FOR A SECTION OF BUSINESS 31, ALSO KNOWN AS E. TYLER AND N. PRAIRIEVILLE, FROM BUSINESS HIGHWAY 19, ALSO KNOWN AS N. PALESTINE, TO BUSINESS U.S. HIGHWAY 175, ALSO KNOWN AS E. CORSICANA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TXDOT FOR THE TEMPORARY CLOSURE FOR THE ATHENS OLD FIDDLERS REUNION AND CONTEST. City Council Regular Session March 24, 2025 Page 4 A motion was made by Councilmember Barker, seconded by Councilmember Craig, to approve the Consent Agenda. The motion carried unanimously. 12) RESOLUTIONS: a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION RECEIVING AND APPROVING HENDERSON COUNTY 9-1-1 COMMUNICATION DISTRICT’S ANNUAL BUDGET FOR FISCAL YEAR MAY 2025 THROUGH APRIL 2026. Mark Brown, Executive Director Henderson County 9-1-1 Communication District presented the Henderson County 9-1-1 Communication District’s Annual Budget for Fiscal Year May 2025 through April 2026. Mayor Smith inquired about the total assets being approximately $5 million dollars. He asked where the money came from and what it is used for; with Mr. Brown stated the assets come from the budget surpluses of previous years. State statute requires the district to maintain an emergency fund in the event the district had to replace all the system’s equipment it would easily cost over $2 million dollars. Mr. Brown provided the following updates to Council:  2019-2020 implemented new network moving from old data equipment to VOID and would be complete in a few weeks  The budget presented included an additional 9-1-1 position for APD  The budget presented included $795,000.00 from grants and appropriations received in 2022 and 2023 A motion was made by Councilmember Barker, seconded by Councilmember Carroll, to approve a Resolution receiving and approving Henderson County 9-1-1 Communication District’s Annual Budget for Fiscal Year May 2025 through April 2026. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION AS NECESSARY, APPROVING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATHENS, TEXAS ACCEPTING A BID FROM LUDCO, INC. FOR THE PURCHASE AND INSTALLATION OF A GENERATOR AT THE WATER TREATMENT PLANT LOCATED AT LAKE ATHENS WITH FUNDING FROM THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) HAZARD MITIGATION GRANT PROGRAM (HMGP) FOR DR-4485 COVID-19 PANDEMIC (PROJECT TDEM – HMGP DR-4485-0054). Ms. Borstad explained six (6) applications were submitted, and staff pulled one of the applications, She explained that the submittals were done in 2021, and the city found out in 2024 that the city received five (5) grants which, included the water treatment plant, raw water intake, the North Wastewater Treatment Plant, the Daniels Lift Station and the Robbins Lift Station. The County was going to install the water plant generator through its COVID funding; however, when the city received the grants, the county agreed to pay the city’s 10 percent match if the city moved forward with the two (2) grants. She stated there were five (5) bidders and she is recommending LUDCO. City Council Regular Session March 24, 2025 Page 5 Mayor Smith stated that the city has been considering emergency power generators for critical facilities. He said he was excited about the new generators as they would allow for a continuation of services if the city had a catastrophic event or power outage, the city could continue service. Councilmember Carroll asked if it was pre-wired, and Ms. Borstad stated AMWA had started a project to install the equipment needed to prepare the water plant for a generator. Randy Williams, Utilities Director, stated the water plant and intake structure will be hard wired in and they both have docking station options. Councilmember Craig asked how the city went about applying for and receiving the grants when it was AMWA's responsibility. Ms. Borstad explained that AMWA was not eligible to apply and when the city was applying for the other four (4) it was decided by the Council at that time and AMWA that the city would apply for all six (6) grants. Mayor Smith thanked Ms. Borstad and the staff. A motion was made by Councilmember Carroll, seconded by Councilmember Barker to approve a Resolution of the City Council of the City of Athens, Texas accepting a bid from LUDCO, INC. for the purchase and installation of a generator at the water treatment plant located at Lake Athens with funding from the Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program (HMGP) for DR-4485 COVID-19 Pandemic (Project TDEM – HMGP DR-4485-0054. The motion carried by the following vote: Ayes: Mayor Smith, Councilwoman Freeman, Councilmember Carroll and Councilmember Barker. Nays: None. Abstained; Councilmember Craig. c) DISCUSS, CONSIDER, AND TAKE ACTION AS NECESSARY, APPROVING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATHENS, TEXAS ACCEPTING A BID FROM LUDCO, INC. FOR THE PURCHASE AND INSTALLATION OF A GENERATOR AT THE RAW WATER INTAKE LOCATED AT LAKE ATHENS WITH FUNDING FROM THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) HAZARD MITIGATION GRANT PROGRAM (HMGP) FOR DR-4485 COVID-19 PANDEMIC (PROJECT TDEM – HMGP DR-4485-0055). Ms. Borstad explained the item has the same history as the previous agenda item. The submittal was done 2021 and approved by TDEM in 2024. A motion was made by Councilmember Carroll, seconded by Councilmember Barker to approve a Resolution of the City Council of the City of Athens, Texas accepting a bid from LUDCO, INC. for the purchase and installation of a generator at the Raw Water Intake located at Lake Athens with funding from the Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program (HMGP) for DR-4485 COVID-19 Pandemic (Project TDEM – HMGP DR-4485- 0055) The motion carried by the following vote: Ayes: Mayor Smith, Councilwoman Freeman, Councilmember Carroll and Councilmember Barker. Nays: None. Abstained: Councilmember Craig. City Council Regular Session March 24, 2025 Page 6 d) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING A LOAN AND PERFORMANCE AGREEMENT BETWEEN THE ATHENS ECONOMIC DEVELOPMENT CORPORATION AND MILO JACK, LLC DBA MILO INSULATION OF EAST TEXAS. Donna Meredith, Community Development Manager, explained the item is a$100,000 loan for capital equipment expenditure and a potential of $20,000 in new employee incentives, which is $2,000 for each employee of the ten (10) employees to be credited to the loan principal. She stated it is a three (3) year note with three percent (3%) interest. A motion was made by Councilmember Craig, seconded by Councilmember Barker, to approve a Resolution authorizing a Loan and Performance Agreement between the Athens Economic Development Corporation and Milo Jack, LLC dba Milo Insulation of East Texas. The motion carried unanimously. e) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A SOURCEWELL COOPERATIVE QUOTE CONTRACT #685-22 FROM HOLT CAT IN DALLAS, TEXAS TO PURCHASE A NEW 2025 CATERPILLAR 420 BACKHOE LOADER AND EXECUTE THE REQUIRED PURCHASE AGREEMENT. Shannon Easley, Public Works Director, explained that the item is replacing a 2005 backhoe and a 2013 Gradall. It would primarily be used in the streets department, but also used in parks, code enforcement and emergency management situations. He stated the funding would come from the Equipment Replacement Fund with budget savings from the Street Sweeper purchase and Parks for the purchase of a backhoe. He stated three (3) quotes were received and staff is recommending Holt Cat in Dallas in the amount of $136,170. He explained it has a three (3)-year warranty/3000 HRS. A motion was made by Councilmember Carroll, seconded by Councilmember Craig, to approve a Resolution authorizing the City Manager to accept a Sourcewell Cooperative quote from Holt Cat in Dallas, Texas, to purchase a new 2025 Caterpillar 420 Backhoe Loader and execute the required purchase agreement. The motion carried unanimously. f) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION GRANTING A REQUEST FROM DJ WARREN FOR THE ATHENS, TX FARMERS MARKET POP UP EVENTS TO BE HELD ON SATURDAY APRIL 5TH AND SATURDAY APRIL 26TH. FROM 10:00 A.M. TO 1:00 P.M. Audrey Sloan, Planning and Zoning Manager, explained the request is for approval of additional farmers’ events that were not included in the Resolution for the Farmers Market. Ms. Sloan stated these Resolution includes three (3) events for the Farmers Market pop up events that will take place on the following Saturday April 5th and Saturday April 26th from 10:00 am to 1:00 pm. and the third event included is the Farmers Market has been asked to have the pop-up event in conjunction with the Fiddlers Reunion on Saturday, April 19th to be located on private property in the 400 block of E Larkin St. She explained the previous Resolution had a stipulation that the Farmers Market would not operate during dates overlapping with Old Fiddler’s Reunion, Black Eye Pea Jamboree, and the Uncle Fletch event. City Council Regular Session March 24, 2025 Page 7 She stated the Farmers Market is being held in conjunction with the Fiddlers Reunion on April 19, 2025, at the request of the Athens Olds Fiddlers. Mayor Smith asked about the time with Ms. Sloan stating while Fiddlers is in operation. Ms. Warren clarified the time for Fiddlers would be the Market’s normal hours, from 9:00 a.m. to 1:00 p.m. on Saturday and the Market will not be set up on Friday. Councilmember Craig stated the request was on the original application and was not included in the Resolution last time and asked Ms. Warren if that was correct, Ms. Warren stated yes, that was correct. The following spoke in favor of the Pop Ups: Cindy Oliver, of RC Flower Farm Laurie Hannan 5924 FM 1861, Athens, Texas 75752 Richard Wells, 6980 Shore Crest Way A motion was made by Councilmember Barker, seconded by Councilmember Craig, to approve a Resolution granting a request from DJ Warren for the Athens, Tx Farmers Market pop up events to be held on Saturday April 5th and Saturday April 26th from 10:00 a.m. to 1:00 p.m. The motion carried by the following vote: The motion carried by the following vote: Ayes: Mayor Smith, Councilmember Craig, Councilmember Carroll and Councilmember Barker. Nays: Councilwoman Freeman. Abstained: None. 13) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FOR A ZONING CHANGE FROM COMMERCIAL TO SINGLE-FAMILY RESIDENTIAL – 5 FOR LOT 2A1, BLOCK 110 OF ATHENS ORIGINAL TOWN, T. PARMER SURVEY, A-782, LOCATED ON NEEDMORE ST; ALSO KNOWN AS PROPERTY ID: 4503. OWNER: ALEJANDRO HERNANDEZ. Ms. Sloan stated there have been no changes to the Ordinance since the first reading. Bonnie Hambrick, City Secretary, read the caption of the Ordinance aloud. A motion was made by Councilmember Carroll, seconded by Councilmember Barker, to approve final reading of an Ordinance concerning a request for a zoning change from Commercial to Single-Family Residential – 5 for Lot 2A1, Block 110 of Athens Original Town, T. Parmer Survey, A-782, located on Needmore St; also known as Property ID: 4503. Owner: Alejandro Hernandez. 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 March 24, 2025 Page 8 14) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT WITH MULTI-FAMILY RESIDENTIAL – 5 BASE ZONING TO PLANNED DEVELOPMENT WITH COMMERCIAL BASE ZONING AND A SITE PLAN FOR FITNESS ESTABLISHMENT USE FOR LOT 12R OF C. H. COLEMAN SUBDIVISION, J. B. ATWOOD SURVEY, A-19; LOCATED ON STATE HIGHWAY 31 EAST; ALSO KNOWN AS PROPERTY ID: 2578. OWNERS: JACK & ROXANN PRICE. 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 by Councilmember Craig, seconded by Councilmember Carroll, to approve an Ordinance concerning a request for a zoning change from Planned Development with Multi- Family Residential – 5 base zoning to Planned Development with Commercial base zoning and a site plan for fitness establishment use for Lot 12R of C. H. Coleman Subdivision, J. B. Atwood Survey, A-19; located on State Highway 31 East; also known as Property ID: 2578. Owners: Jack & Roxann Price 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 Mayor Smith stated the City Council would move to agenda item 17) City Manager Project Updates. He stated no action would be taken on the updates; it is only an update. 15) EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING). a) PROSPECT #2411 b) PROSPECT #2504 The City Council convened in Executive Session at 6:50 p.m. The City Council returned to Regular Session at 7:15 p.m. 16) 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 #2411 No action was taken. b) PROSPECT #2504 No action was taken. City Council Regular Session March 24, 2025 Page 9 17) CITY MANAGER PROJECT UPDATES: a) AIRPORT RUNWAY EXPANSION Ms. Borstad stated the project has been included in Article 9 of the House Appropriations, Garver is still updating the cost estimates for the proposed runway realignment. b) FISHER PROPERTY DEVELOPMENT Met with three (3) developers on March 17th in Executive Session reviewing proposals from each developer, and Council directions was for her to reach out to each developer for additional information that will assist council in making a decision. She stated she has reached out to each developer. c) HMGP GRANT PROJECTS Two (2) of the five (5) bids for the generators were on the agenda for approval tonight, the water treatment plant and the raw water intake. d) HOUSING STUDY Signed contract is in place and the kickoff meeting is on March 25th at 11:00 a.m. e) RESILIENT COMMUNITIES PROGRAM GRANT Still in the preliminary process, and several items will appear on the next agenda. f) SOCIOECONOMIC SURVEY Has found a consultant to perform the survey. Will put back out for bid. g) TAX INCREMENT REINVESTMENT ZONE (TIRZ) A contract has been signed for design on Wood St. and the kickoff meeting with Frentress Engineering scheduled this week. h) TEXAS WATER DEVELOPMENT BOARD (TWDB) WASTEWATER TREATMENT PLANT IMPROVEMENTS Survey crews from LJA Engineering are still in the area doing field work. i) TEXAS WATER DEVELOPMENT BOARD (TWDB) DRAINAGE SCOPING PROJECT The submittal being worked on. Councilmember Carroll stated that if the citizens do not respond to the survey, it will not do the city any good. He stated the survey has the potential to save the city millions of dollars. Mayor Smith asked Ms. Borstad to explain. Ms. Borstad stated TWDB has a disadvantaged program, and she explained the program and that survey participation was important as it could save the city money. 18) MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS. City Council Regular Session March 24, 2025 Page 10 Councilwoman Freeman stated there will be tournaments at O.D. Baggett Park and asked that the restrooms be considered for renovations. 19) ADJOURN. The meeting adjourned at 7:17 p.m. PASSED AND APPROVED THIS THE 14th DAY OF APRIL 2025. ___________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary