Athens City Council

REGULAR SESSION MONDAY, MARCH 25, 2024 The City Council of the City of Athens, Texas, met in Regular Session on Monday, March 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 Audrey Sloan, Development Services Director; Bonnie Hambrick, City Secretary; Kourtney McEvoy, Executive Assistant; Michael Hannigan, Tourism/Social Media Manager; Randy Williams, Utilities Director; Tim Perry, Public Works Director; Broderick Burton, Streets Superintendent; Sharon Calloway, Court Administrator. Others present: Jon Watson, CPA of BrooksWatson & Co., PLLC via Zoom, Donna Meredith, Dr. Tina Elkins, Deborah Deas, Eddie Smith, Walla Stewart, Wanda Paul, Jacquline Barker, Brent Muecke, Rev. Larry West, Nikki Clark, Lashonda Allen, Rev. Bill Burton, and Mrs. Burton Debra Wilson, Jim Fullingim, Scott Fullingim, Brandon Fullingim, Jordan Wallace, Lyn Thomas, Mark Brown, Jason and Melissa Burch, Katha Lawyer, Kenneth Artz. 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 Rev. Bill Burton. 3) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4) DECLARATION OF CONFLICT OF INTEREST No action was taken. 5) PUBLIC COMMUNICATIONS Brent Muecke, 5880 CR 4518 LaRue, Texas 75770, expressed safety concerns at Kiwanis Park. 6) OATH OF OFFICE ADMINISTERED TO NEWLY APPOINTED COUNCILMEMBER PLACE 4, BRYAN BARKER. Bonnie Hambrick, City Secretary, administered the Oath of Office to newly appointed Councilmember Place 4, to Bryan Barker. There was a round of applause. 7) ELECTION OF MAYOR PRO TEM. City Council Regular Session March 25, 2024 Page 2 A motion was made by Mayor Smith, seconded by Councilmember Carroll to elect Councilwoman Freeman as Mayor Pro-Tem. The motion carried unanimously. 8) PROCLAMATION - “KEEP AMERICA BEAUTIFUL, INC. GREAT AMERICAN CLEANUP 2024”. Mayor Smith proclaimed April 6, 2024, as Keep America Beautiful /Great American Cleanup day. 9) Mayor, City Council and/or City Manager updates involving Community Events and issues of Public Safety.  Announcement of Community Events Elizabeth Borstad, City Manager, stated that each Tuesday, Michael Hannigan sends out an events newsletter. Ms. Borstad announced the following events:  March 26 - Master Gardners Series - The next Henderson County Master Gardeners "Let’s Grow!" Garden Series Tuesday, March 26, from 6:00 p.m. to 7:00 p.m. at the Cain Center YMCA  March 28 - Senior Gardening Tips class - The "Cultivating Joy: Senior Gardening Tips" class will be held from 10 a.m. to 12 p.m. on Thursday, March 28, at the Henderson County Legacy Center, 813 N. Palestine Street. This is a free event  March 30 - Easter Egg Hunt at Living for the Brand Cowboy Church from noon to 2:00 p.m.  April 1 - Carter BloodCare Blood Drive at Walmart Supercenter from 2:00-6:00 p.m.  April 2 - CHRISTUS Trinity Clinic-Athens Blood Drive from 10:00 a.m. to 4:00 p.m. at CHRISTUS Trinity Clinic-Athens.  April 4 - Multi-Employer Job Fair at The Texan from 10 a.m. to 3 p.m. Thursday, April 4, at The Texan, located at 209 East Tyler Street in Athens  April 4 - Ribbon Cutting at the HELP Center Legacy Center at 4:00 p.m.  April 4-6 - Henderson County Art Club Show at East Texas Arboretum Fine Art & Photography Show & Sale  April 6 - Spring Clean Up - Keep Athens Beautiful is hosting its Annual Spring Clean Up and "Don't Mess With Texas"  April 6 - Henderson County HELP Center & Maggie's House Gala at The Henderson County HELP Center  April 6 - Beginner Fly Fishing Class at the TFFC reservations required from 9:00 a.m. to 1:00 p.m.  April 6 - HCPAC Hosts 'Get the Word Out' workshop and no registration is required. Get the Word Out will take place on Saturday, April 6 from 9:00 a.m. to 3:00 p.m.  April 8 - Eclipse Watch Party at the Cain Center will also be free swimming, crafts, specials from Treehouse Cupcakes, membership specials from the Cain Center YMCA Mayor Smith announced the following:  Athens Independent School District students Cooper Rich and Issac Hoch won the state debate championship. There was a round of applause.  Sophomore Charlie Leonard and her 17-year-old Arabian Quarter Horse mix, Miss Kitty, received first place in under saddle, first in equitation, second in showmanship and third in halter gelding. There was a round of applause. City Council Regular Session March 25, 2024 Page 3 10) CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF THE MARCH 11, 2024, REGULAR SESSION b) CONSIDER APPROVING THE MINUTES OF THE MARCH 19, 2024, WORK SESSION c) FEBRUARY 2024 MONTHLY REVENUE AND EXPENSE REPORT A motion was made by Councilmember Craig, seconded by Councilwoman Freeman, to approve the Consent Agenda. The motion carried unanimously. 11) PRESENTATION OF THE ANNUAL FINANCIAL REPORT (AFR) FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023. Mandie Quigg, Chief Financial Officer, stated that Jon Watson, CPA of BrooksWatson & Co., PLLC. would present the results of the Audit for Fiscal Year ending September 30, 2023. Mr. Watson presented the financial highlights of the audit. He stated BrooksWatson & Co., PLLC has rendered an Unmodified Opinion for the City of Athens, which is the highest level. There was discussion about the City’s unfunded pension liability with the Texas Municipal Retirement System. Mayor Smith thanked Mr. Watson, Ms. Borstad, Ms. Quigg and all of the staff for their hard work. There was a round of applause. 12) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, RELATED TO ACCEPTING THE ANNUAL FINANCIAL REPORT (AFR) FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023, AS PRESENTED BY BROOKSWATSON & CO., PLLC. A motion was made by Councilwoman Freeman, seconded by Councilmember Barker, to accept the Annual Financial Report (AFR) for Fiscal Year Ending September 30, 2023, as presented by BrooksWatson & Co., PLLC. The motion carried unanimously. 13) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPOINTMENT OF DONNA BENNETT AS ATHENS MUNICIPAL COURT JUDGE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR SERVICES. Ms. Borstad stated that Donna Bennett is a candidate for the Athens Municipal Court Judge. She stated Ms. Bennett has extensive experience practicing law including serving Henderson County in the District Attorney’s and County Attorney’s Office. She is an instructor at TVCC, teaching criminal justice, government, and legal assistant courses. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman, to appoint Donna Bennett as Athens Municipal Court Judge and authorize the City Manager to enter into an agreement for services. The motion carried unanimously. 14) DISCUSS, CONSIDER, AND TAKE ACTION AS NECESSARY, CONFIRMING THE APPOINTMENT OF TONY KALAWE TO THE CIVIL SERVICE COMMISSION. Ms. Borstad stated that Mr. Tony Kalawe expressed interest in serving the city and there is a vacancy on the Civil Service Commission. City Council Regular Session March 25, 2024 Page 4 A motion was made by Councilmember Craig, seconded by Councilwoman Freeman, confirming the appointment of Tony Kalawe to the Civil Service Commission. The motion carried unanimously. 15) AIR SHOW PRESENTATION. Ms. Lyn Thomas stated that the Cedar Creek Veterans Foundation is requesting authorization from the City Council to host a Thunder Over East Texas Air Show at the Athens Municipal Airport. She stated this will be their 19th annual air show. She stated the event could bring in 3,000-4,000 visitors. She stated the FAA requires support from the city by completing the FAA Request for Military Aerial Support Form for the event. Ms. Thomas explained the Air Show event and the discussion included security for the event, public safety, fencing and parking. Councilmember Carroll asked if the Cedar Creek Veterans Foundation was requesting funding from the City with Ms. Thomas stating they are not. 16) RESOLUTIONS a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CEDAR CREEK VETERANS FOUNDATION TO HOST A THUNDER OVER EAST TEXAS AIR SHOW AT ATHENS MUNICIPAL AIRPORT ON JULY 5, 2024, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FAA REQUEST FOR MILITARY AERIAL SUPPORT FORM FOR THE EVENT. Tim Perry, Public Works Director, stated the Airport Advisory Board unanimously recommended approval. A motion was made by Councilwoman Freeman, seconded by Councilmember Barker, to approve a Resolution authorizing the Cedar Creek Veterans Foundation to host a Thunder Over East Texas Air Show at Athens Municipal Airport on July 5, 2024, and authorizing the City Manager to execute the FAA Request for Military Aerial Support Form for the event. 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 LAND LEASE AGREEMENT WITH FLYING K AVIATION. Mr. Perry explained ADDCO Aviation currently held the Hangar Land Lease Agreement and that Flying K Aviation is seeking authorization to perform the duties of fixed based operator. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman, to approve a Resolution authorizing the City Manager to enter into a Land Lease Agreement with Flying K Aviation. The motion carried unanimously. c) 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 2024 THROUGH APRIL 2025. Mark Brown, Executive Director Henderson County 9-1-1 stated that the agency is required to send out the proposed budget to cities and counties. City Council Regular Session March 25, 2024 Page 5 There was discussion. A motion was made by Councilmember Craig, seconded by Councilmember Barker to approve a Resolution receiving and approving Henderson County 9-1-1 Communication District’s Annual Budget for Fiscal Year May 2024 through April 2025. The motion carried unanimously. Mayor Smith stated the Council will move to agenda item #22. The City Council recessed at 6:44 p.m. 17) EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING) a) PROSPECT #2403 b) PROSPECT #2408 c) PROSPECT #2409 The City Council convened in Executive Session at 6:49 p.m. The City Council returned to Regular Session at 9:00 p.m. 18) 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 #2403 No action was taken. b) PROSPECT #2408 No action was taken. c) PROSPECT #2409 No action was taken. 19) DISCUSS PROPOSITION 2, PROPERTY TAX EXEMPTION FOR CHILD- CARE FACILITIES. Ms. Borstad explained that SB 1145 gave counties and cities the ability to exempt the certain Child care facilities from 50-100 percent of the appraised value of the property. She stated the property must be a licensed childcare Facility, be a Texas Work Force Commission (TWC) a Rising Star Program Participant; and have at least 20 percent of their children enrolled in TWC’s Child Care Services (CCS). She stated there are (7) childcare facilities within the city, however, it will only be applicable to three (3) of the facilities. The total exemption is approximately $2600. Discussion occurred. Ms. Borstad explained staff with present an Ordinance on a future agenda for Council’s. consideration. City Council Regular Session March 25, 2024 Page 6 20) DISCUSS CURRENT ANIMAL SHELTER SERVICE, INCLUDING THE INTERLOCAL AGREEMENT WITH HENDERSON COUNTY AND OPTIONS AVAILABLE FOR CONTRACTING FOR ANIMAL SHELTER SERVICES WITH THIRD PARTY 501C (3) ORGANIZATIONS. Ms. Borstad explained that the City received 90-day notice from the County that the contract was being terminated. Explained two (2) Work Sessions were held with the County. She stated that currently there is a request from the nonprofit to transition overseeing the shelter to the City of Athens. She explained the transition period is through September 30, 2024, unless it could be done sooner. There was a lengthy discussion. Ms. Borstad stated she will continue to work with the nonprofit to negotiate a solid transition term and bring the item back to Council for consideration on April 8th. 21) DISCUSS FIRST READING OF AN ORDINANCE AMENDING CHAPTER 15-PERSONNEL, ARTICLE 1. IN GENERAL, SEC. 15-3. FIREFIGHTERS’ AND POLICE OFFICERS’ CIVIL SERVICE LAW. (C) CLASSIFICATIONS. ESTABLISHING CLASSIFICATION AND ADDITION OF POSITIONS. Chad Allen, Chief of Police, presented the item explaining the change in structure will remove the Assistant Police Chief position and replace it with two (2) Captain positions, and one (1) Sergeant. He stated this will allow more uniform officers on the streets to be responsive. Greg Werner, Fire Chief, explained that the structure will remove the Fire Marshal title and reclassify it as a Captain position. Ms. Borstad stated Assignment pay is included. Ms. Hambrick read the caption of the Ordinance aloud. 22) PUBLIC HEARING CONCERNING A REQUEST FROM JASON & MELISSA BURCH FOR APPROVAL OF A SPECIFIC USE PERMIT FOR TATTOO USE IN A RETAIL ZONING DISTRICT FOR LOTS 2A & 1B, BLOCK 2 OF THE MCDONALD ADDITION, T. PARMER SURVEY A-782, LOCATED AT 104 DULL AVERIETTE ST. OWNER: FOR SUCH A TIME DAY SPA, LLC. Audrey Sloan, Director of Development Services, stated the property is located on Dull Averiette St. in the block between E Tyler St and E Corsicana St. She explained the owner is requesting a Specific Use Permit to allow for cosmetic tattoos, and the current zoning of the property is Retail. Letters of notification were sent to the surrounding property owners with 200 ft. and one (1) protest was returned. Ms. Sloan stated the Planning and Zoning Commission voted to approve the request with two (2) stipulations: 1) No signage advertising tattooing is allowed on the premises 2) Restrict the SUP usage of tattooing to cosmetic tattooing only and microblading. and excluded tattooing that included body piercing and art tattooing Mayor Smith opened the Public Hearing. There were no comments. The Public Hearing was closed. City Council Regular Session March 25, 2024 Page 7 23) DISCUSS FIRST READING OF AN ORDINANCE CONCERNING A REQUEST FROM JASON & MELISSA BURCH FOR APPROVAL OF A SPECIFIC USE PERMIT FOR TATTOO USE IN A RETAIL ZONING DISTRICT FOR LOTS 2A & 1B, BLOCK 2 OF THE MCDONALD ADDITION, T. PARMER SURVEY A-782, LOCATED AT 104 DULL AVERIETTE ST. OWNER: FOR SUCH A TIME DAY SPA, LLC. Ms. Hambrick read the caption of the Ordinance aloud. 24) CONSIDER FINAL 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. 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 Carroll, seconded by Councilwoman Freeman to approve the final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 25) CONSIDER FINAL 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. 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 final 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. After roll call vote, the motion passed with the following record vote: City Council Regular Session March 25, 2024 Page 8 Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 Council will move to agenda item #17. 26) CONSIDER FINAL 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. 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 Councilwoman Freeman, seconded by Councilmember Craig to approve final 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”. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 27) CONSIDER FINAL 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. Sloan explained the change in the Ordinance since the first reading is to allow the City Manager to approve alternative all-weather surfaces for overflow parking, maneuvering, loading, and storage areas in conjunction with site plan approval. Ms. Hambrick read the caption of the Ordinance aloud. City Council Regular Session March 25, 2024 Page 9 A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman to approve to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 28) CONSIDER FINAL 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. 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 Councilwoman Freeman, to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 29) CONSIDER FINAL 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. 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 Carroll, seconded by Councilwoman Freeman to approve final 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. City Council Regular Session March 25, 2024 Page 10 After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 30) CONSIDER FINAL 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. 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 Councilwoman Freeman, seconded by Councilmember Barker to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 31) CONSIDER FINAL 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. 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 Carroll, second by Councilmember Craig to approve final 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. After roll call vote, the motion passed with the following record vote: City Council Regular Session March 25, 2024 Page 11 Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 32) CONSIDER FINAL 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. Sloan stated there have been no changes to the Ordinance since the first reading. Kourtney McEvoy, Executive Assistance, read the caption of the Ordinance aloud. A motion was made Councilwoman Freeman, seconded by Councilmember Barker, to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 33) CONSIDER FINAL 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. Ms. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. McEvoy read the caption of the Ordinance aloud. A motion was made Councilwoman Freeman, seconded by Councilmember Barker, to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 25, 2024 Page 12 34) CONSIDER FINAL 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. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. McEvoy read the caption of the Ordinance aloud. A motion was made Councilwoman Freeman, seconded by Councilmember Craig, to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 35) CONSIDER FINAL 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. Ms. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. McEvoy read the caption of the Ordinance aloud. A motion was made Councilwoman Freeman, seconded by Councilmember Carroll to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 36) CONSIDER FINAL 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. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. McEvoy read the caption of the Ordinance aloud. City Council Regular Session March 25, 2024 Page 13 A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 37) CONSIDER FINAL 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. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. McEvoy read the caption of the Ordinance aloud. A motion was made Councilmember Carroll, seconded by Councilwoman Freeman, to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 38) CONSIDER FINAL 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. Sloan explained the change in the Ordinance since the first reading is to allow the the Director of Development Services to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the following codes: The applicant may appeal the determination of the Director of Development Services to the City Council. An application for appeal shall be based on the same criteria listed above and shall be submitted in writing to the City Secretary. The City Council shall hear and decide on the request for appeal during the next available, regularly scheduled City Council meeting. Ms. McEvoy read the caption of the Ordinance aloud. City Council Regular Session March 25, 2024 Page 14 A motion was made by Councilwoman Freeman, seconded by Councilmember Craig, to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 39) CONSIDER FINAL 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. Sloan explained the change in the Ordinance since the first reading as follows: one to remove the fees from the text of the burn permit ordinance and to instead reference the fee chart. Ms. McEvoy read the caption of the Ordinance aloud. A motion was made by Councilmember Craig, seconded by Councilwoman Freeman to approve final 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. After roll call vote, the motion passed with the following record vote: Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 40) CONSIDER FINAL READING OF AN ORDINANCE CONCERNING A REQUEST TO REPEAL APPENDIX B OF THE CITY CODE OF ORDINANCES. Ms. Sloan stated there have been no changes to the Ordinance since the first reading. Ms. McEvoy read the caption of the Ordinance aloud. A motion was made by Councilmember Carroll, seconded by Councilwoman Freeman, to approve final reading of an Ordinance concerning a request to repeal Appendix B of the City Code of Ordinances. After roll call vote, the motion passed with the following record vote: City Council Regular Session March 25, 2024 Page 15 Aaron Smith, Mayor Aye SyTanna Freeman, Councilmember 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 41) MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS. There were no requests for future agenda items. 42) ADJOURN The meeting adjourned at 9:36 p.m. PASSED AND APPROVED THIS THE 8th DAY OF APRIL 2024. ___________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary