CITY OF City Council Regular Meeting Minutes KEENE February 20, 2025 at 6:00 PM Keene City Hall - Robert G. Cooper Council Chamber TEXAS 1000 N. Old Betsy Rd., Cleburne, Texas 76031 Recorded Live Stream available at https:/www.youtube.com/ciyofkeenetexas Members present: Lisa Parrish, Mayor; Thomas Gutwa, Mayor Pro Tem, and Council Members Bob Chapman, Charles Easley, Rob Foster, Johnny Shaw, and Troy Smith Members absent: none City Staff present: Jonathan Seitz, City Manager; Holly Russell, City Secretary; Don Martin, Director of Development & Neighborhood Services; Chief James Kidd, Keene Police Department; Chief Dan Warner, Keene Fire Department; Derek Malone, Director of Public Works 1. Call to Order, Invocation, Pledge of Allegiance, Pledge to Texas Flag Mayor Parrish called the meeting to order at 6:00 p.m., and gave the invocation. 2. Mayor Announcements No announcements were made. Mr. Easley asked everyone to remember Wes Schram in their prayers. 3. Public Comments Phillip Jackson, 110 Rosedale, spoke about what it will take to update the Keene ZIP code boundaries. He requests that the City Council, staff, and private organizations assist in this effort to increase the Keene identity. Paul Gnadt, Keene Chamber of Commerce Director, reminded the Council about the upcoming Business Expo on Sunday from noon to 4:00 p.m. He wanted to recognize Kit Kepple and Don Martin for their work on getting the Elisa Carver Park sign repaired. Jimmy Alcala, 113 Cadyn Drive, spoke for the need of unity among the Council. He recognized that the dynamic of Council has improved, but still needs to move forward in a direction that works best together for the citizens. 4. Reports Informational reports only; no action to be taken. A. City Manager's Comments - Topics to include City Attorney Cost Update; City Animal Shelter - Animal Control Officer, Taylor Bledsue; City Vehicle Fleet Update; Bank Reconciliation Update; Neighborhood Development Update; Fairview Reconstruction Project Update Jonathan Seitz, City Manager, reported that the attorney fees were half of what the city has been paying in the past. He recognized Taylor Bledsue for achieving her ACO certification, and made it clear that the City is looking at several plans and options for expanding Animal Control services. Next meeting there will be a presentation on fleet leasing. The bank reconciliation project is I complete. The Fairview Reconstruction project had their second round of bids, and they came in lower than the previous. A report to Council is forthcoming. City Council Minutes Page I 1 5. Public Hearing Items Public hearing and take possible action regarding the following items. A. Hold a public hearing, hold a discussion, and act upon an ordinance to rezone three parcels from Single Family 2 (SF-2) to General Commercial District = Office, Light Retail and Neighborhood Services (C-2): ZONING CHANGE REQUEST APPLICATION RECE/VED FOR THREE TRACTS OF LAND: TRACT ONE IN THE B.B.B.&C. RR. CO. SURVEY. ABSTRACT 114 2.824 ACRES, TRACT TWO IN THE J. PENNINGTON SURVEY ABSTRACT 701 2.871 ACRES, TRACT THREE IN THE D. I MIZE SURVEY ABSTRACT 567 2.438 ACRES; FROM SF-2 (SINGLE FAMILY 2) TO C-2 (GENERAL COMMERCIAL DISTRICT-OFFICE, LIGHT RETAIL AND NEIGHBORHOOD SERVICES). Don Martin, Director of Neighborhood and Development Services, introduced the item and gave information about the property requesting a rezone, noting that Planning and Zoning also held a public hearing at their February 10, 2025, meeting and voted to recommend to Council the approval of the rezone request. He shared the Comprehensive Plan, which identified the Hwy 67 corridor was to be zoned Commercial to allow for business along the highway. He addressed the easement access concerns of the residents that any developer that wants to build and develop that property, they would need to create an improved road/street that meets the City's subdivision ordinance standards and then the it would become the City's responsibility to maintain the road/street. The approach would also have to meet TxDOT's standards and approval. Andy Messer, City Attorney, explained the process to Council for approving or denying the rezone and how many votes would be needed. The Mayor opened the public hearing at 6:39 p.m. Phillip Jackson, Acting Chair of the Planning and Zoning Commission, spoke about the properties surrounding the parcels in question. He mentioned that one oft the properties in the rezone request had been considered for a tiny home development, but the easement issues deterred the development from happening. Kassi Shelfer, daughter of Kirk Kilpatrick, resident of 201 E Hwy 67, mentioned that the property they own has been in the family for five generations and they do not want development in the area which would invite more traffic into the area. They want to keep the area private, as they worry about how a development would affect their animals. Emily Simatovitch, resident of 201 E Hwy 67, voiced that she is against the rezone because even if the road is improved the development would block all access to the residences who use the easement road to access their homes. Steve Simatovitch, resident of 201 E Hwy 67, spoke during public comments about his concerns on the public road in that area and what it means for him to access his property. He is concerned that the rezone will lower his property value. He wanted to let Council know that he is against the rezone. Steve Reid, representing Mr. Griffin in the rezone request, made himself available to answer any questions. He confirmed that the three tracts are surveyed separately, and that the easement was deeded to the public in 1985. The applicant is not asking for anything to be done to the road, but only for a rezone to commercial. The application is consistent with the City's future land use plan, and they are wishing to rezone based on the City's plan. Mr. Reid shared more information about the developer who wanted to put tiny homes on one of the properties, but Mr. Griffin lost that contract due to the city not wanting tiny homes in an area that the City wanted to be zoned as commercial at the time. They are not wanting to develop the properties, only sell it based on the City's wishes and plans fori the corridor to be commercial. City Council Minutes Page I 2 The Mayor closed the public hearing at 7:08 p.m. and the Council discussed the request. There was question about the adjacent mobile home park and it was clarified that they were grandfathered in. The City Attorney clarified that the property owners have a vested right to access their property, and no developer can deny them access. Ms. Gillin spoke about trying to sell the property for Mr. Griffin several times and it has not been able to sell. Mr. Alcala spoke again to Council about working together for the citizens. Ray Johnson spoke in support of the residents of 201 E Hwy 67. Council Member Smith called to question, and Council Member Gutwa was aloud to speak one more time. A motion was made to "deny with prejudice" the rezone request. Motion failed due not achieving a 75 percent vote. Motion made by Mayor Pro Tem Gutwa, Seconded by Shaw. Voting Yea: Mayor Pro Tem Gutwa, Shaw Voting Nay: Chapman, Easley, Foster, Smith Council Member Smith motioned to approve the rezone request. The motion failed for lack of a second. A motion was made to "deny without prejudice". The motion failed due not achieving a 75 percent vote. Motion made by Easley, Seconded by Shaw. Voting Yea: Easley, Mayor Pro Tem Gutwa, Shaw Voting Nay: Chapman, Foster, Smith A motion was made to approve the rezone. The motion failed. Motion made by Smith, Seconded by Foster. Voting Yea: Chapman, Foster, Smith Voting Nay: Mayor Parrish, Easley, Mayor Pro Tem Gutwa, Shaw 6. Consent Agenda All items listed below have been previously discussed, require no dellberation, or are routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items. Items to be withdrawn from the Consent Agenda for separate discussion by the City Council. If discussion is desired, the item will be removed from the consent agenda and considered separately. Otherwise, approval of the consent agenda authorizes the City Manager to implement each item in accordance with the staff's recommendation. A. Consider approval of the minutes of the regular Keene City Council meeting held on February 06, 2025. The Mayor pulled this item from the consent agenda for discussion, and asked that the minutes include on item 7F the announcement that Miguel Espinosa has declined reappointment for the Planning and Zoning Commission. Council Member Foster asked that the statement he made of "the property that can be seen from the road was cleaned up" to the public comments. A motion was made to approve the minutes with the correction as discussed. The motion carried. Motion made by Foster, Seconded by Smith. Voting Yea: Chapman, Foster, Mayor Pro Tem Gutwa, Smith, Shaw Voting Abstaining: Easley The Mayor called for a short minute recess at 7:49 p.m. The meeting was called back to order at 8:00 p.m. City Council Minutes Page I 3 7. General Review, Discuss, and Consider Possible Action Regarding: A. Review, discuss, and give direction to staff to create a policy regarding (1) members of the City I Council serving on appointed Boards, Commissions, and Committees of the city; (2) members of the public serving on two different Boards, Commissions, and Committees simultaneously; and (3) members of Boards, Commissions, and Committees being a close relative to a member of the City Council. The Mayor introduced the item, and asked that Council discuss each of the three concerns that could affect Board appointments. Mr. Messer, City Attorney, covered what State Law allows. Council may serve on the EDC Boards. As for Planning & Zoning and Board of Adjustment, Council members may not serve on those boards, but there could be a policy created that allowed them to serve as an ex official (non voting) member. The Council is allowed to be more restrictive. He clarified that a person can actually serve on both EDC boards as long as the members are not receiving pay, however his personal view is to not serve on multiple boards. Council Member Chapman voiced his concern that Council Members hold more sway than board members and could influence decisions. He advises that Council not serve on other boards sO that there is no view of Council influencing the boards and allow the boards their independence. There was discussion about current close relatives that serve on multiple boards, or any residents that serve on multiple boards or committees. Ray Johnson, resident, spoke about how other residents don't want to participate because of the discord on Council. Ms. Gillin, Type A President, noted that the Board decided on the time that best suited their schedule. Some even have made arrangements with thier work sO that they can participate on the Board. A motion was made to table the item by Foster. Motion failed with no second. The Mayor asked if any on Council were interested in a policy (I) not allowing the appointment of Council to Boards: FOR: Chapman, Shaw, Gutwa, Parrish. Voting NO was Foster, Smith, Easley. (II) Interest in a policy having members of the public only serving on only one board. FOR: Foster, Smith, Chapman, Shaw. (III) Interest in a policy prohibiting appointment of those who are a Close relative (ie. spouse, parent, or child who lives under the same roof): FOR: Chapman, Shaw, Gutwa, Parrish. NO: Foster, Smith, Easley Council is agreeable to allowing any current Board Members that an adopted policy would effect finish their current appointments. B. Review, discuss, and consider an appointment to the Keene Economic Development (Type A) Board to fill a vacancy for a term ending March 2027. This item was tabled from the previous Council meeting. Since the last Council meeting, the A Board has received and reviewed an application for appointment from Gwen Beeson. The Board voted at their February 19, 2025, meeting to recommend to Council the appointment of Mrs. Beeson to the Board. Ms. Gillin addressed the concerns of Mr. Gutwa asking about Mr. Jackson's application. Since the Council had reservations appointing a Council Member to the Board, the EDC Board recommends Ms. Beeson since she is not serving in any capacity. She also noted that the EDC Board did not want to recommend Mr. Jackson for appointment to the EDC-A Board. A motion was made to appoint Gwen Beeson. The motion carried. City Council Minutes Page I 4 Motion made by Easley, Seconded by Smith. Voting Yea: Chapman, Easley, Foster, Mayor Pro Tem Gutwa, Smith, Shaw C. Review, discuss, and consider the re-appointment of Charles Easley to the Keene EDC (Type B) Board for a two-year term ending March 2027. This item was tabled from the previous Council meeting to allow Council Member Easley to be present for the discussion. Council Member Easley announced that he does not wish to be re- appointed. Type B Board will now have to make a new recommendation for this appointment. D. I Review, discuss, and give direction to staff regarding placement of a four-way stop sign at the intersection of Pecan Street and N. Eastern Street, and the procedures for future stop sign considerations. A motion was made to approve placing a stop sign at the intersection. The motion carried. Motion made by Shaw, Seconded by Easley. Voting Yea: Chapman, Easley, Foster, Mayor Pro Tem Gutwa, Smith, Shaw E. Discuss with the City Attorney the roles of Councii, City Manager, City Secretary, and City Attorney. Andy Messer, City Attorney, presented and led the discussion on the roles of Council Members, City Manager, City Secretary, and the City Attorney. He cited the City Charter and ordinances concerning each role, and took questions from the Council. Council is the policy making body. City Manager acts like a CEO of a corporation, and manages the city by implementing the policy that Council makes. Per the Keene City Charter, Keene is a Council-Manager form of government. Mayor is the figure-head, but the City Manager has the power in running the city. The Council has the power to make rules, which are ordinances. Resolutions are not law. Council may investigate collectively, but not individually. When a Council Member asks for sensitive recordsinformation, the City Manager needs to consult Council in Executive Session to advise how and when the records should be provided. When asking for information as a private citizen, then the Council Member needs to place an Open Records Request with the City Secretary. The City Manager can create and abolish departments without consulting Council, but he must consult Council when hiring/firing directors. No action was taken. F. Discussion with City Attorney about the agenda setting process for Council meetings as set forth in Ordinance No. 2024-677. Andy Messer, City Attorney, presented and led the discussion on setting agendas for meeting, using Ordinance No. 2024-677 to guide the discussion. He explained the time it takes his office to review materials, and the deadlines that have to be met by staff. No action was taken. 8. Executive Session Pursuant to the Texas Open Meetings Act, Chapter 551, Texas Government Code, the City Council may convene into Executive Session at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to any posted item and by the following authority: A. 551.074 = Personnel Matters - City Manager consultation with Council concerning the selection of a candidate for the Director of Finance position; City Secretary annual review. B. 551.071(1): City Attorney Consultation = (i) Covington Acres development; and (ii) Lloyd Thomas claim involving property at 307 East Highway 67. City Council Minutes Page 15 C. 551.087; 551.072 - Economic Development negotiations; real property = Covington Acres development. The Mayor convened the meeting into closed session at 9:31 p.m. 9. Reconvene into Open Session To take action on the above-listed Executive Session item(s). The Mayor reconvened the meeting into open session at 11:09 p.m. No action was taken on any item. 10. Requests for Future Agenda Items Stop sign placement procedure - Smith cost of sidewalks on fourth street - Gutwa 11. Adjourn The Mayor adjourned the meeting at 11:11 p.m. Approved on this the 06th day of March 2025. APPROVED: Rg do Lisa Parrish, Mayor ATTEST: / edl Holly Russell, City Secretary City Council Minutes Page I 6