Athens City Council

REGULAR SESSION MONDAY, MARCH 11, 2024 The City Council of the City of Athens, Texas, met in Regular Session on Monday, March 11, 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 Mark Carroll Cody Craig Elizabeth Borstad, City Manager Blake Armstrong, City Attorney Staff Present: Chad Allen, Chief of Police; Mandie Quigg, Chief Financial Officer; Bonnie Hambrick, City Secretary; Kourtney McEvoy, Executive Assistant; Audrey Sloan, Director of Development Services; Randy Williams, Utilities Director, Michael Hannigan, Public Information Officer Sharon Calloway, Athen Municipal Court Administrator, Derek Whiteley, Director of Information Technology, Brodrick Burton, Public Works Superintendent. Others Present: LaShounda Allen, Broderick Burton, Bryan Barker, Katha Lawyer, Kelley Townsend, Brent Muecke, Micah Craig, Kenneth Artz, Deborah Deas, Carol Morton, Eric Gibson, Rev. Larry West, Debra Wilson, Bobby Vassallo, Howard Calloway, and other interested citizens. With the following member absent: Robert Gross. constituting a quorum at which time the following proceedings were enacted, to-wit: 1) CALL TO ORDER Mayor Smith called the meeting to order. 2) INVOCATION The Invocation was given by Councilmember Mark Carroll. 3) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4) DECLARATION OF CONFLICT OF INTEREST No action was taken. 5) PUBLIC COMMUNICATIONS Mr. Brent Muecke, 5880 CR 4518, LaRue, Texas expressed concern with the following:  Not having an event for Seniors on Valentines Day  Park Merry-go-round  30 second delay body cam  Park safety 6) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE ACCEPTANCE OF THE RESIGNATION LETTER FROM ROBERT GROSS, ATHENS CITY COUNCIL, PLACE 4 Elizabeth Borstad, City Manager, explained that on February 27th Robert Gross submitted his resignation from Council. She stated she is asking Council to take action to accept the resignation. City Council Regular Session March 11, 2024 Page 2 Mayor Smith stated Mr. Gross dedicated six (6) years of service to the Council. He thanked Mr. Gross for his service. A motion was made by Councilmember Craig, seconded by Councilmember Carroll accepting the resignation letter from Robert Gross, Athens City Council Place 4. The motion carried unanimously. 7) EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.074 (PUBLIC OFFICER; CLOSED MEETING) TO DISCUSS THE APPOINTMENT TO ATHENS CITY COUNCIL, PLACE 4, CREATED BY A VACANCY 8) 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 9) EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING) a) PROSPECT #2408 10) 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 ON THE FOLLOWING MATTER(S): a) ANIMAL CONTROL The City Council convened in Executive Session at 5:37 p.m. The City Council returned to Regular Session at 7:18 p.m. 11) CONSIDER AND TAKE ACTION, AS NECESSARY, RESULTING FROM DELIBERATIONS IN EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, SECTION 551.074 (PUBLIC OFFICER; CLOSED MEETING) TO DISCUSS THE APPOINTMENT TO ATHENS CITY COUNCIL, PLACE 4, CREATED BY A VACANCY A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to appoint Bryan Barker to Athens City Council, Place 4. The motion carried unanimously. There was a round of applause. 12) 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 No action was taken. City Council Regular Session March 11, 2024 Page 3 13) 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 #2408 No action was taken. 14) 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 ON THE FOLLOWING MATTER(S): a) ANIMAL CONTROL No action was taken. 15) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE REMOVAL OF STEVEN GREEN FROM APPOINTMENT AS ATHENS MUNICIPAL COURT JUDGE Ms. Borstad stated Steve Green has been the Municipal Court Judge since May 2012, and due to some unforeseen circumstances and scheduling issues, staff is asking for the removal of Mr. Green as Judge. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman, to remove Steven Green from the appointment as Athens Municipal Court Judge. The motion carried unanimously. 16) 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:  March 13 - Chamber luncheon at the Athens Cafe  March 15 - Pop-Up Prom Dress Shop at The Texan from 11 a.m. to 5 p.m.  March 16 --Athens Farmers Market Pop-Up Market at TVCC from 11 a.m. to 1 p.m. in the Trinity Valley Community College parking lot.  March 15-17 - Stage Notes Academy of Performing Arts presents Mary Poppins  March 17 - TVCC Volleyball Combine  March 19 - TCC Job Fair from 9:30 a.m. to 1:30 p.m. on the Athens campus.  March 22 - Plant Sale at East Texas Arboretum  March 22 - World Water Day (Hope Springs Water) Hope Springs will have a celebration on this day  March 23 -- Athens Rotary Club Triple 'C' Join the Athens Rotary Club Triple 'C' Event a fun-filled gathering of community, camaraderie, and celebration  March 23 - Spring Fest at East Texas Arboretum  March 23 - Musical production of the Easter Message at Athens First Methodist Church City Council Regular Session March 11, 2024 Page 4 Mayor Smith announced that Martins Mill Lady Mustangs won the state basketball tournament, and on March 17th, Love Thy Neighbor will have a youth night at Gates Community Church. 17) CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF THE FEBRUARY 26, 2024, REGULAR SESSION b) CONSIDER A RESOLUTION ACCEPTING AND APPROVING THE HENDERSON COUNTY ELECTION WORKERS LIST AND AUTHORIZING THE ELECTION ADMINISTRATOR TO APPOINT ELECTION JUDGES AND ALTERNATE ELECTION JUDGES FOR THE MAY 4, 2024, CITY OF ATHENS MUNICIPAL ELECTION FROM THE APPROVED LIST A motion was made by Councilmember Craig, seconded by Councilwoman Freeman to approve the Consent Agenda. The motion carried unanimously. 18) Resolutions a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CLEARGOV, INC. FOR THE PURCHASE OF BUDGETING AND TRANSPARENCY SUBSCRIPTION SERVICES Mandie Quigg, Chief Financial Officer, explained that ClearGov provides a budget and transparency software subscription that is cloud based. She presented a synopsis of the budget process and stated that ClearGov will provide staff with tools to expedite the budget process and reduce the risk of error. She presented the following tools of the software as follows:  Management suite  Capital Budgeting  Personnel Budgeting  Operational Budgeting  Digital Budget Book  Transparency Module Councilmember Carroll asked if the $31,000 upfront training for those operating in the system, with Ms. Quigg responding that the amount does include the training. Councilmember Carroll asked after the first budget cycle that Ms. Quigg come back to Council with her thoughts of the software subscription. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to approve a Resolution authorizing the City Manager to execute an agreement with ClearGov, Inc. for the purchase of budgeting and transparency subscription services. The motion carried unanimously. b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMERCIAL CONTRACT FOR THE PURCHASE OF PROPERTY CALLED 5.0 ACRES BEING ALL PART OF THIRD STREET LYING BETWEEN BLOCK 16 & 17 WHICH IS NOT IN USE, OUT OF THE THOMAS PARMER LEAGUE, A-782, HENDERSON COUNTY; ALSO KNOWN AS 404 MARTIN LUTHER KING JR. BLVD. ATHENS, TEXAS, WITH BIBLE WAY FAMILY BAPTIST CHURCH AND EXECUTE ALL CLOSING DOCUMENTS AS REQUIRED City Council Regular Session March 11, 2024 Page 5 Ms. Borstad explained that it is a five (5) acre tract of land that the city would like to purchase from Bible Way Family Baptist Church. She stated that it is a Single Family residential area, and currently, on the property is an old school building. She stated she would like to enter into the contract for sale, and the Resolution will also authorize the city manager to execute all closing documents necessary. Mayor Smith asked the amount of the purchase price with Ms, Borstad stating $165,000 plus any additional closing costs. A motion was made by Mayor Smith, seconded by Councilmember Carroll to approve a Resolution authorizing the City Manager to enter into a Commercial Contract for the purchase of property called 5.0 acres being all part of Third Street lying between Block 16 & 17 which is not in use, out of the Thomas Parmer League, A-782, Henderson County; also known as 404 Martin Luther King Jr. Blvd. Athens, Texas, with Bible Way Family Baptist Church and execute all closing documents as required and the funds come from Fund 15 Economic Development. The motion carried unanimously. c) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ATHENS AND P3WORKS, LLC. FOR PUBLIC IMPROVEMENT DISTRICT ADMINISTRATIVE SERVICES Ms. Borstad explained that stemming from the Work Session with P3Works concerning Public Improvement Districts and Tax Increment Reinvestment Zone the first step to consider if a PID Is useful is to enter into contract for professional services with P3Works specifically for Public Improvement Districts Administrative Services. A motion was made by Councilmember Craig, seconded by Councilmember Carroll to approve a Resolution authorizing the City Manager to execute a Professional Services Agreement between the City of Athens and P3Works, LLC. for Public Improvement District Administrative Services. The motion carried unanimously. d) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ATHENS AND P3WORKS, LLC. FOR TAX INCREMENT REINVESTMENT ZONE ADMINISTRATION SERVICES Ms. Borstad explained the item also comes from the Work Session with P3Works. She stated the first step to establishing TIRZs Tax Increment Reinvestment Zone will allow them to do the feasibility study for that TIRZs. A motion was made by Councilwoman Freeman, seconded by Councilmember Carroll to approve a Resolution authorizing the City Manager to execute a Professional Services Agreement between the City of Athens and P3Works, LLC. for Tax Increment Reinvestment Zone Administration Services. The motion carried unanimously. e) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH OPTIMUM BUSINESS FOR THE PURCHASE OF 1G DEDICATED FIBER INTERNET ACCESS FOR CITY HALL City Council Regular Session March 11, 2024 Page 6 Bobby Vassallo, 5420 Magnolia, Eustace Texas, expressed concern with Optimum- Suddenlink and CenturyLink are unable to deliver Gigabit. He asked Council to Table the item for further discussion. Derek Whitely, Director of Information Technology. stated the Resolution is for the improvements at city hall. He explained that currently city hall has cable modem internet service with low bandwith. He stated the city is using more cloud-based services and Optimum will provide dedicated services. He stated he reviewed three (3) proposals. He stated his recommendation is to go with Optimum Business. Some discussion occurred regarding cost and termination. A motion was made by Councilmember Carroll, seconded by Councilmember Craig, to approve a Resolution authorizing the City Manager to execute an agreement with Optimum Business for the purchase of 1G dedicated fiber internet access for City Hall. The motion carried unanimously. f) DISCUSS, CONSIDER AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE PURCHASE, DELIVERY AND INSTALLATION OF POLICE DEPARTMENT FURNITURE FROM WILSON BAUHAUS INTERIORS THROUGH AN OMNIA COOPERATIVE CONTRACT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT Chad Allen, Chief of Police, explained that the item is for purchase of additional furniture items to finish the police department. He stated this purchase is for common area chairs and tables, training tables, marker boards, conference chairs, and desk chairs for the new Police Building. Councilmember Carroll asked if the purchase of the furniture will keep the cost under $6 million for the project; with Ms. Borstad stating yes it would. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to approve a Resolution authorizing the purchase, delivery and installation of Police Department furniture from Wilson Bauhaus Interiors through an Omnia Cooperative contract and authorize the City Manager to execute the contract. The motion carried unanimously. g) DISCUSS, CONSIDER AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AWARDING INVITATION FOR BID 24-6301, LIGHT DUTY PICKUP TRUCKS, TO BOB EL NEVADA, INC (ELDER), AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE PURCHASE OF TWO (2) LIGHT DUTY PICKUP TRUCKS Randy. Williams, the Utilities Director explained the item is to purchase two (2) replacement pick up trucks. One (1) is for the Line Maintenance Department and one (1) for the Water Treatment Department. He stated one (1) bid was received from Elder Dodge. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman, to approve a Resolution awarding Invitation for Bid 24-6301, Light Duty Pickup Trucks, to Bob el Nevada, Inc (Elder), and authorizing the City Manager to execute a contract for the purchase of two (2) Light Duty Pickup Trucks. The motion carried unanimously. 19) PUBLIC HEARING CONCERNING A REQUEST FROM KELBY ALEMAN FOR APPROVAL OF A ZONING CHANGE FROM SINGLE- FAMILY – 7 TO MULTI-FAMILY – 2 FOR TRACTS 109A-2 & 109A-3, R. A. CLARK SURVEY A-171, LOCATED ON WALLACE ST, ALSO KNOWN AS PROPERTY IDS: 200046120 & 200046121. OWNER: SAMUEL ALEMAN, JR. City Council Regular Session March 11, 2024 Page 7 Audrey Sloan, Director of Development Services, stated the property is located at the end of Wallace St. a short dead-end street off Old Tyler Hwy in the area behind Walmart. The two (2) lots are currently vacant. The current zoning of the property is Single-Family – 7 with other larger mix of other zoning designations in the area. The Future Land Use Plan. High Density Residential. Letters of notification were sent to the surrounding property owners with 200 ft. No responses were returned. She stated the zoning change is for duplex and the Planning and Zoning Commission voted unanimously to recommend approval of the 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 KELBY ALEMAN FOR APPROVAL OF A ZONING CHANGE FROM SINGLE-FAMILY – 7 TO MULTI-FAMILY – 2 FOR TRACTS 109A-2 & 109A-3, R. A. CLARK SURVEY A-171, LOCATED ON WALLACE ST, ALSO KNOWN AS PROPERTY IDS: 200046120 & 200046121. OWNER: SAMUEL ALEMAN, JR. Bonnie Hambrick, City Secretary, read the caption of the Ordinance aloud. 21) PUBLIC HEARING CONCERNING A REQUEST FROM OWNER FELIX MARTINEZ FOR APPROVAL OF A SPECIFIC USE PERMIT FOR MANUFACTURED HOME USE IN A SINGLE-FAMILY – 5 ZONING DISTRICT FOR BLOCK 2, LOT 12 OF MCCALEB HEIGHTS, T. PARMER SURVEY A-782, LOCATED AT 114 HODGE ST. Ms Sloan stated the property is currently vacant and located on Hodge Street. The property is currently vacant and is zoned as Single-Family – 5. The Future Land Use Plan designates the area for Commercial/Office use with Medium Density Residential use adjacent. Letters of notification were sent to the surrounding property owners with 200 ft. two (2) approvals were returned. Planning and Zoning recommended approval. The applicant will move existing refurbished manufactured home on the lot. 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 OWNER FELIX MARTINEZ FOR APPROVAL OF A SPECIFIC USE PERMIT FOR MANUFACTURED HOME USE IN A SINGLE-FAMILY – 5 ZONING DISTRICT FOR BLOCK 2, LOT 12 OF MCCALEB HEIGHTS, T. PARMER SURVEY A-782, LOCATED AT 114 HODGE ST. Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session March 11, 2024 Page 8 23) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 22, ARTICLE IV, SECTION 22-32(H) OF THE CITY CODE OF ORDINANCES TO INCORPORATE THE USE OF “EVENT CENTER” INTO THE USE CHART; TO AMEND CHAPTER 22, ARTICLE V, SECTION 22-33(E)(1) TO ESTABLISH MINIMUM PARKING REQUIREMENTS FOR THE USE OF “EVENT CENTER”; AND TO AMEND CHAPTER 22, APPENDIX A, A-3 TO ESTABLISH A DEFINITION FOR “EVENT CENTER” Ms. Sloan explained that currently, the Zoning Ordinance does not include use “event center” as a distinct use. The proposed amendments would incorporate “event center” into the zoning use chart, provide a clear definition and set minimum parking requirements. The amendment proposes to allow for event center use in Retail, Central Business District, Commercial, and Industrial zoning districts. The minimum number of parking spaces proposed is 1 space for every 3 seats under maximum occupancy. There was some discussion regarding the parking requirements in the central business district. Mayor Smith Opened the Public Hearing. There were no comments, The Public Hearing was closed. 24) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 22, ARTICLE IV, SECTION 22-32(H) OF THE CITY CODE OF ORDINANCES TO INCORPORATE THE USE OF “EVENT CENTER” INTO THE USE CHART; TO AMEND CHAPTER 22, ARTICLE V, SECTION 22-33(E)(1) TO ESTABLISH MINIMUM PARKING REQUIREMENTS FOR THE USE OF “EVENT CENTER”; AND TO AMEND CHAPTER 22, APPENDIX A, A-3 TO ESTABLISH A DEFINITION FOR “EVENT CENTER” Ms. Hambrick read the caption of the Ordinance aloud. 25) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 22, ARTICLE V, SECTION 22-33(C)(3) OF THE CITY CODE OF ORDINANCES TO AMEND PAVING REQUIREMENTS FOR PARKING, MANEUVERING, LOADING AND STORAGE AREAS Ms Sloan explained that currently, the zoning ordinance requires all off-street parking, maneuvering, loading and storage areas to be paved (concrete or hot mix asphalt) for nonresidential and multi-family zoning districts. The proposed amendment will give more flexibility by allowing additional all-weather surface options for overflow parking, maneuvering, loading, and storage areas specifically The additional options are recycled asphalt and permeable pavers. Alternatives may be considered during the site plan review process. Paving will remain a requirement for fire lanes and required parking spaces. Any dust created from the all-weather surface shall be controlled within the site There was discussion regarding the alternatives that could be used. Mayor Smith Opened the Public Hearing. There were no comments, The Public Hearing was closed. City Council Regular Session March 11, 2024 Page 9 26) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 22, ARTICLE V, SECTION 22-33(C)(3) OF THE CITY CODE OF ORDINANCES TO AMEND PAVING REQUIREMENTS FOR PARKING, MANEUVERING, LOADING AND STORAGE AREAS Ms. Hambrick read the caption of the Ordinance aloud. 27) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE II OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL BUILDING CODE AND AMENDMENTS AND AMEND THE GENERAL CONTRACTOR REGISTRATION REQUIREMENTS Ms. Sloan explained this is the first of a long series of proposed amendments related to the adoption of a new cycle of building codes. She explained the city is currently under the 2015 International Codes and 2014 National Electrical Code. The proposal is to move to the 2021 International Codes and 2020 National Electrical Code. She stated consideration to amend the general contractor registration requirements is needed. She stated general contractors are currently not required to submit proof of insurance. She stated the amendment would require proof of commercial general liability insurance with minimum coverage of $1,000,000 per occurrence. There was discussion regarding the general contractors insurance. Mayor Smith Opened the Public Hearing. There were no comments, The Public Hearing was closed. There was discussion regarding the general contractor’s insurance. Mayor Smith Opened the Public Hearing. There were no comments, The Public Hearing was closed. 28) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE II OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL BUILDING CODE AND AMENDMENTS AND AMEND THE GENERAL CONTRACTOR REGISTRATION REQUIREMENTS Ms. Hambrick read the caption of the Ordinance aloud. The City Council recessed at 8:10 p.m. The City Council returned to Regular Session at 8:15 p.m. 29) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE III OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS Ms. Sloan stated the proposal is to adopt the 2021 version of the International Residential Code which is for one- and two-family home and town houses. There is a list of recommended amendments to the code. Proposing the specific amendments to be adopted are included within the section of code pertaining to each chapter it will be a lot easier to use. City Council Regular Session March 11, 2024 Page 10 Mayor Smith Opened the Public Hearing. There were no comments, The Public Hearing was closed. 30) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE III OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS Ms. Hambrick read the caption of the Ordinance aloud. 31) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE IV OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL MECHANICAL CODE AND AMENDMENTS Ms. Sloan explained the proposal is to adopt the 2021 International Mechanical Code along with the recommended amendments. Mayor Smith Opened the Public Hearing. There were no comments, The Public Hearing was closed. 32) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE IV OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL MECHANICAL CODE AND AMENDMENTS Ms. Hambrick read the caption of the Ordinance aloud. 33) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE V OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL PLUMBING CODE AND AMENDMENTS Ms. Sloan stated the International Plumbing Code governs plumbing systems, as well as med gas and vacuum piping systems. She stated there is a recommended list of amendments. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 34) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE V OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL PLUMBING CODE AND AMENDMENTS Ms. Hambrick read the caption of the Ordinance aloud. 35) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE VI OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS Ms. Sloan explained the International Fuel Gas Code governs fuel gas systems and gas-fired appliances. She stated there is a short list of recommended amendments for this code. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. City Council Regular Session March 11, 2024 Page 11 36) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE VI OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL FUEL GAS CODE AND AMENDMENTS Ms. Hambrick read the caption of the Ordinance aloud. 37) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE VII OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL SWIMMING POOL & SPA CODE AND AMENDMENTS Ms. Sloan explained the code covers public and residential pool spas and hot tubes and has recommended amendments. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 38) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE VII OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL SWIMMING POOL & SPA CODE AND AMENDMENTS Kourtney McEvoy, Executive Assistant read the caption of the Ordinance aloud. 39) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE VIII OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE AND AMENDMENTS Ms. Sloan explained the code governs energy efficiency in commercial and residential projects. The recommendation is to adopt the 2021 International Energy Conservation Code and amendments. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 40) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE VIII OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE AND AMENDMENTS Ms. McEvoy read the caption of the Ordinance aloud. 41) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE IX OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2020 NATIONAL ELECTRICAL CODE AND AMENDMENTS Ms. Sloan the proposal is to adopt the 2020 National Electrical Code along with the recommended amendments. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. City Council Regular Session March 11, 2024 Page 12 42) Discuss first reading of an Ordinance concerning a request to amend Chapter 5, Article IX of the City Code of Ordinances to adopt the 2020 National Electrical Code and amendments – [A. Sloan] Ms. McEvoy read the caption of the Ordinance aloud. 43) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE XIV OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS Ms. Sloan explained the code governs property and building maintenance for residential and commercial properties, with a few recommended amendments. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 44) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE XIV OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS Ms. McEvoy read the caption of the Ordinance aloud. 45) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE XV OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS Ms. Sloan explained the code is not currently adopted by the city. She stated it governs the repair, alteration, addition and change of occupancy for existing buildings; with recommended amendments. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 46) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE XV OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL EXISTING BUILDING CODE AND AMENDMENTS Ms. McEvoy read the caption of the Ordinance aloud. 47) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE I OF THE CITY CODE OF ORDINANCES TO REVISE THE REGULATIONS REGARDING THE CODES COMMISSION Ms. Sloan explained the item is a two (2) part proposal. She stated it is to add the International Existing Building Code and International Property Maintenance Code to the list of codes to be considered by the Codes Commission. She explained that the Codes Commission is a Board appointed by the City Council to consider exceptions to the adopted codes. There was discussion regarding the makeup of the commission. City Council Regular Session March 11, 2024 Page 13 She stated currently it requires the following: Codes Commission shall consist of the following members: One (1) licensed plumber; One (1) licensed electrician; One (1) licensed heat and air person; One (1) representative from an electrical utility company; One (1) certified architect; One (1) registered professional civil engineer; Fire marshal; shall serve as an ex officio non-voting member; Building official; shall serve as an ex officio non-voting member. She stated staff to consider who should be serving on the Codes Commission Board or if changes should be made. Ms. Borstad stated that prior to the final reading Council should consider the make up of the Board. Mayor Smith stated he would like a work session prior to the final reading occurs. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 48) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 5, ARTICLE I OF THE CITY CODE OF ORDINANCES TO REVISE THE REGULATIONS REGARDING THE CODES COMMISSION Ms. McEvoy read the caption of the Ordinance aloud. 49) PUBLIC HEARING CONCERNING A REQUEST TO AMEND CHAPTER 7, ARTICLE II OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL FIRE CODE AND AMENDMENTS, AND TO REVISE THE FEE FOR BURN PERMITS Ms. Sloan stated this code has several recommended amendments. She explained that the proposal is to adopt 2021 International Fire Code with the amendments and the second is the second item is a housekeeping one to remove the fee from the text of the burn permit ordinance and to instead reference to refer back to Chapter 23. Councilmember Carroll asked about the location for open burning moving from not be less than 50 to 300 feet. Discussion occurred. The Public Hearing was closed. Mayor Smith opened the Public Hearing. Deborah Deas expressed concern about the 20 acres. The Public Hearing was closed. City Council Regular Session March 11, 2024 Page 14 50) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO AMEND CHAPTER 7, ARTICLE II OF THE CITY CODE OF ORDINANCES TO ADOPT THE 2021 INTERNATIONAL FIRE CODE AND AMENDMENTS, AND TO REVISE THE FEE FOR BURN PERMITS Ms. McEvoy read the caption of the Ordinance aloud. 51) PUBLIC HEARING CONCERNING A REQUEST TO REPEAL APPENDIX B OF THE CITY CODE OF ORDINANCES Ms. Sloan explained that Appendix B contains the amendments adopted with the current construction codes. Moving forward, the amendments for each code will be located within the respective sections in the Code of Ordinances for clarity and convenience. The Public Hearing was closed. Mayor Smith opened the Public Hearing. There were no comments, The Public Hearing was closed. 52) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST TO REPEAL APPENDIX B OF THE CITY CODE OF ORDINANCES Ms. McEvoy read the caption of the Ordinance aloud. 53) MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS Ms. Hambrick announced the following future agenda items: • Sign Ordinance • Policy for Short term rentals • Policy for economic development projects, including 380 agreements when EDC Director is hired • Rate increase for T-hangars • Master plan for streets and parks • zoning of manufactured homes that abut the ETJ. • Work session with AEDC to discuss the spec building • On the 3-25-2024 agenda an item to discuss Prop 2 Property Tax Exemption for Childcare 54) ADJOURN The meeting adjourned at 8:40 p.m. PASSED AND APPROVED THIS THE 25TH DAY OF MARCH 2024. __________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary