MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF MARSHALL JANUARY 26, 2023 6:00 PM Mayor Pro Tem Amanda Abraham called the Regular meeting to order in the Council Chambers, City Hall at 6:00p p.m. PRESENT: COUNCIL MEMBERS: Marvin Bonner, District 1 Reba Godfrey, District 5 Micah Fenton, District7 Vote: 5:0) Leo Morris, District 2 Amanda Abraham, District 6 ABSENT: Amy Ware, District 4 (excused Motion: Abraham Second: Godfrey Jennifer Truelove, District 3 ADMINISTRATIVE STAFF PRESENT: Terrell Smith, City Manager Cliff Carruth, Police Chief Eric Powell, Public Works Director Scott Rectenwald, Acting City Attorney Randy Pritchard, Support Services Director Nikki Smith, City Secretary/Payrol. Accountant Garnett Johnson, Community Development Director INVOCATION & PLEDGE: Councilmember Godfrey Reggie Cooper, Fire Chief Dawn Jones, Finance Director 15. CITIZEN COMMENTS There were no citizen comments. 16. ITEMS TO BE WITHDRAWN FROM CONSENT AGENDA There were no items withdrawn from the Consent Agenda. 17. CONSENT AGENDA Councilmember Morris made a motion to approve the Consent Agenda. Councilmember Godfrey seconded the motion, which passed A. Consider approval of the minutes from the January 12, 2023 Regular with a vote of 5:0. meeting. B. Consider approval of updates to the Governance Policy 18. CONSIDERATION OF ITEMS WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. City Council Meeting January 26, 2023 Page 2 PUBLIC HEARING AND ORDINANCES 19. CONDUCT A PUBLIC HEARING AND CONSIDER A REZONING REQUEST FOR AN APPROXIMATE 3.54 ACRE TRACT OF LAND, BEING THE WEST PORTION OF AN 8.143 ACRE TRACT OF LAND IN THE T. PERRY SURVEYA-571. FROM R-3 (SINGLE FAMILY DETACHED)TOC- 3(GENERAL BUSINESS). THE PROPERTY IS LOCATED AT 5301 EAST Garnett. Johnson, Community Development Director, asked for approval of an ordinance regarding a rezoning request for an approximate 3.54 acre tract of land, being the west portion of an 8.143 acre tract of land in the T. Perry Survey A-571, from R-3 (Single Family Detached) to C-3 (General Business), located in the 1800 Block of East Loop 390 North. Garnett Johnson stated 10 notices were sent out with one response received. The Planning and Zoning Commission approved the change by a vote of 6:0. END BLVD SOUTH, PARCEL #R008957505. Mayor Pro Tem Abraham opened the public hearing. Mayor Pro Tem Abraham closed the public hearing. No one came forward to speak. Councilmember Abraham made a motion to approve an ordinance regarding a rezoning request for an approximate 3.54 acre tract of land, being the west portion of an 8.143 acre tract of land in the T. Perry Survey A-571, from R-3 (Single Family Detached) to C-3 (General Business). Councilmember Godfrey seconded the motion, which 20. CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST REGARDING A SPECIAL USE PERMIT REQUEST FOR APARTMENTS, BEING A0.076 ACRE TRACT OF LAND DESCRIBED AS THE WEST110 AND SOUTH 30' OF LOT 5 BLOCK 35 ORIGINAL TOWN SITE. THE PROPERTY IS LOCATED AT 301 NORTH WASHINGTON AVENUE, Garnett. Johnson asked for approval of an ordinance regarding a Special Use Permit for apartments being a 0.076 acre tract of land described as the west 110' and south 30' of Lot 5 Block 35 Original Town Site, located at 301 North Washington. Avenue. Garnett Johnson stated 18 notices were sent out with one response received. The Planning and Zoning Commission passed with a vote of 5:0. PARCEL #000003443 approved the change by a vote of 6:0. Mayor Pro Tem Abraham opened the public hearing. Gail Keys, Planning & Zoning Commission member, stated the vote from their board was 4:1. Mayor Pro Tem Abraham closed the public hearing. Councilmembers: asked questions and discussed. Councilmember Morris made a motion to approve an ordinance regarding a Special Use Permit for apartments being a 0.076 acre tract of land described as the west 110' and south 30' of Lot 5 Block 35 Original Town Site, located at 301 North Washington Avenue. Councilmember Bonner seconded the motion, which passed with the following vote: Ayes: 3, Councilmembers Morris, Bonner and Godfrey Noes: 2, Councilmembers Abraham and Fenton City Council Meeting January 26, 2023 Page 3 21. CONDUCT A PUBLIC HEARING AND CONSIDER A REZONING REQUEST FORA0,179ACRE TRACT OF LAND, BEING PART OF LOT6 BLOCK 3, GATLIN ADDITION, FROM I-2 (HEAVY INDUSTRY) TOC-3 (GENERAL BUSINESS). THE PROPERTY IS LOCATED AT 1003 NORTH Garnett Johnson asked for approval of an ordinance regarding a rezoning request for a 0.179 acre tract of land, being part of Lot 6 Block 3, Gatlin Addition, from I-2 (Heavy Industry) to C-3 (General Business), located at 1003 North Bolivar. Garnett Johnson stated six notices were sent out with one response received. The Planning and Zoning Commission approved BOLIVAR, PARCEL #R000027423. the change by a vote of 6:0. No one came forward to speak. Mayor Pro Tem Abraham opened the public hearing. Mayor Pro Tem Abraham closed the public hearing. Councilmembers asked questions and discussed. Councilmember Abraham made a motion to approve an ordinance regarding a rezoning request for a 0.179 acre tract of land, being part of Lot 6 Block 3, Gatlin Addition, from I-2 (Heavy Industry) to C-3 (General Business), located at 1003 North Bolivar. Councilmember Godfrey seconded the motion, which passed with a vote of 5:0. 22. CONDUCT A PUBLIC HEARING AND CONSIDER A REZONING REQUEST FOR A 3.69 (PARCEL #R-10092185) AND A 38.296 ACRE TRACT OF LAND IN THE ANDERSON WHETSTONE SURVEY A-747, FROM A&E (AGRICULTURE & ESTATE) TO R-2 (SINGLE FAMILY DETACHED). THE PROPERTY IS LOCATED IN THE 2200 BLOCK OF KINGS ROAD, PARCEL #R-000027047 AND R-000027046. Garnett Johnson asked for approval of an ordinance regarding a rezoning request for a 3.69 and a 38.296 acre tract of land in the Anderson Whetstone Survey A-747, from A&E (Agriculture & Estate) to R-2 (Single Family Detached), located in the 2200 Block of Kings Road. Garnett Johnson stated five notices were sent out with no responses received. The Planning and Zoning Commission approved the change by a vote of 5:0. Mayor Pro Tem Abraham opened the public hearing. Mayor Pro Tem Abraham closed the public hearing. No one came forward to speak. Councilmember Fenton made a motion to approve an ordinance regarding a rezoning request for a 3.69 and a 38.296 acre tract of land in the Anderson Whetstone Survey A-747, from A&E (Agriculture & Estate) to R-2 (Single Family Detached), located in the 2200 Block of Kings Road. Councilmember Bonner seconded the motion, which passed with a vote of 5:0. City Council Meeting January 26, 2023 Page 4 CITY MANAGER REPORTS AND REQUESTS FOR CITY COUNCIL 23. FIRE DEPARTMENT 2022 YEAR END REPORT AND 2023 GOALS & CONSIDERATION OBJECTIVES. Reggie Cooper, Fire Chief, provided a department activity and challenge summary for 2022 and highlighted the goals & objectives for 2023. Councilmembers asked questions and discussed. 24. UPDATE REGARDING VACANT PROPERTY REGISTRATION ORDINANCE. Garnett Johnson introduced Aleena Sepulvado, Code Enforcement Supervisor, who provided an update regarding the vacant property registration ordinance. Aleena Sepulvado provided an overview of the program and stated at total of 125 applications have been sent, with 9 cases completed. Councilmembers asked questions and discussed. 25. DISCUSSION REGARDING CIP PLANNING. This item was withdrawn. EXECUTIVE SESSION 26. AN EXECUTIVE SESSION PURSUANT TO THE OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE UNDER SECTION 551.072. DELIBERATION REGARDING REAL PROPERTY: CONVENE IN EXECUTIVE SESSION TO DISCUSS MATTERS RELATED TO THE PURCHASE, EXCHANGE, LEASE, SALE, OR VALUE OF REAL Councilmember Godfrey made a motion to convene into Executive Session. Councimember Abraham seconded the motion, which PROPERTY. passed with a vote of 5:0. The time was 7:20 PM. Mayor Ware joined the Executive Session virtually. with a vote of 6:0. The time was 7:41 PM. Councilmember Fenton made a motion to reconvene from Executive Session. Councilmember Godfrey seconded the motion, which passed 27. ADJOURNMENT Councilmember Godfrey made a motion for adjournment. Councilmember Bonner seconded the motion, which passed with a vote of 5:0. APPROVED: the City Council of/thé City of Marshall, Texas T ATTEST: 1.Smal City Secretary