TOLAR CITY COUNCIL MINUTES-) REGULAR MEETING  The City ofTolar Council met onl Monday, September 19, 2022at6P.M,  Present:  Terry. Johnson, Mayor Sally Grimes Chip Foster Kevin Fron  Absent: Matt Hutsell andl Brian Gall City Staff Present: CALLTOORDER Meeting was called to order at 61 P.M. ROLLCALL  Michelle Burdette, City Secretary Shavonne Kenley, Water Dept.. Admin. /Codel Enforcement Amy Herr, Administrative Assistant  Sally Grimes, Chipl Foster, Terry Johnson and] Kevin Fron were present  PUBLICI HEARING Public hearing opened at 6:02 P.M.  1.) To receive comments regarding the request to annex into the City of Tolar by the owners of the property being 5.037 acres: situated ini the RACHEL STORY SURVEY, Abst. No. 501, Hood County, Texas, being a portion of the tract described: in a deed tol LEJC Holdings, Inc.by deed recorded in] Document Number 2017-0003265, Deed Donl Ives inquired where the location of this property is and howi it would be accessed. Martina Dolezel askedi if they were building duplexes on this land. Don Ives expressed the disliket tot the idea of duplexes going in there. Jordan Bishop the engineer for the developer gaves some details to the location andj plans fort the development. 2.)1 To receive comments. regarding the request to annex into the City ofTolar by the owners oft the property being a 45.287 acre tract ofl lands situated in thel RACHEL STORY SURVEY, abstract No. 501, City ofTolar, Hood County, Texas, Said tract of land being a portion of certain tract of land known as tract B described by deedt to Joe Swaim and Sybil Swain, as recordedi in' Volume 1575, page 279, Deed Records, Hood County, Texas.  Records, Hood County, Texas. Public Comments:  Public Comments: None  Public hearing closed at 6:061 P.M. PUBLICHEARING Public Hearing opened at 6:07 P.M.    1.)Tor receive comments regarding the request to annex: intot the City ofTolar By the owners oft thep property being 5.037 acres situated int thel RACHEL STORY SURVEY, Abst. No. 501, Hood County, Texas, being a portion of the tract described int the deed tol LEJCI Holdings, Inc. by deed recorded in Document Number 2017-0003265, 2.)Toreceive comments regardingt the request to annex intot the City ofTolar by the owners oft the property beinga 45.287 acre tract ofl land being aj portion ofcertain tract ofl land known ast tract B described by deed to. Joe Swaim and Sybil Swaim, as recorded in Volume 1575, page 279, Deed Records, Hood County, Texas. 3.)Toreceive comments for the plat approval/ preliminary plat approval and zoning from Agriculture (A)to Planned Development (PD), oft the property described as 3.718: acres situated in the RACHEL STORY SURVEY, Abst. No. 501, Hood County, Texas, being ap portion oft the tract described in deedt tol LEJC Holdings, Inc. by deed recordedi in document number 2017-0003265, Deed Records, Hood County, Texas. 4.)Tor receive comments for the rezoning, subdivision andi replat oft the property being a 2.653 acres tract of land out ofthe RACHEL STOREY SURVEY, Abstract No. 501, Hood County, Texas, being part ofl Block 68 and Block 69 ofthes second addition tot the town ofTolar, Hood County, Texas; zoned from( (A). Agriculture to (R6) Single Family Residential 6000 sf. and a 1.542 acres tract ofl land out ofthe RACHEL STORY SURVEY, Abstract No. 501, Hood County, Texas; being part of] Block 46 ofthe second addition to thet town ofTolar, zoned from (R8) Single Family Residential 8000 sf. to (R6) Single Family Residential 6000 sf.  Deed Records, Hood County, Texas.  Public Comments: None Public hearing closed at 6:10P.M.  CITIZENS APPEARANCE (3 minutel limited-Council may not respond)  Martina Dolezel requested that the Council look into recycling opportunities for the City ofTolar. Jackson) Fulgham completed. a citizen's appearance form. Mr. Fulgham waved the opportunity to speak to the  council.  APPROVAL OF MINUTES-REGULAR MEETING  June 21,2022 regular meeting Motion carried 3/0 NEW BUSINESS  Motion: by Kevin Fron, second by Chip Foster to approve all minutes as presented.  1.)4 Approval ofC Ordinance: 2022-02 regarding an annexation, zoning, from (A) Agriculture to (PD)) Planned Development, andi replat oft the property being: a 45.287 acre tract ofl lands situated in thel RACHEL STORY SURVEY, Abstract No. 501, City ofTolar, Hood County, Texas, said tract of land beinga aj portion of certain tract of land known ast the tract B described by deed to. Joe Swaim and Sybil Swaim, as recorded in Volume Council Member Chip Foster was confirming that the development would have curbs and gutters. Mr. Swaim said  15754,  there would not be in this development.    Motion: by Chipl Foster, second by Sally Grimes seconds to approve annexation, zoning, from (A) Agriculturet to (PD) Planned Development, andi replat oft the property being a 45.287 acre tract ofl land situated in the RACHEL STORY SURVEY, Abstract No. 501, City ofTolar, Hood County, Texas, saidt tract ofl land beinga aj portion of certain tract ofland known as thet tract B described by deedt to. Joe Swaim and Sybil Swaim, as recorded in Volume 2.) Approval of Ordinance 2022-03 regarding the annexation ofthe property being 5.037 acres situated int the RACHEL STORY SURVEY, Abst. No. 501, Hood County, Texas, being a portion of the tract described ina deed tol LEJCI Holdings, Inc. by deed recorded in] Document Number 2017-0003265, Deed Records, Hood Council Member Chip Foster confirmed with the builders engineer Jordan Bishop, that there must be a street layout andt that moving forward, all developments must be curb and gutter with concrete. City Secretary Michellel Burdette confirmed that new development will be as such. City Secretary Michelle Burdette stated that aj plati is to be Motion: by Sally Grimes, second by Chip Foster to approve the annexation oft the property being 5.037 acres situated in the RACHEL STORY SURVEY, Abst. No. 501, Hood County, Texas, being aj portion oft the tract described in a deedt tol LEJCI Holdings, Inc. by deed recorded inl Document Number 2017-0003265, Deed Motion carried 3/0. 3.) Approval of subdivision, replat and zoning from Agriculture (A)t tol Planned Development (I PD, ofthe property described: as 3.718 acres situated in the RACHEL STORY: SURVEY, Abst. No. 501, Hood County, Texas; being aj portion oft the tract described in a deed tol LEJC Holdings, Inc.by deed recorded in Document Number 2017-0003265, Deed Records, Hood County, Texas, ands subdivision, replat and: zoning from (A). Agriculture to (R6) Single Family Residential 6000sf, oft the property described as 5.344 acre tract of the RACHEL STORY Motion: by Sally Grimes, second by Kevin Fron to approve subdivision, replat and: zoning from Agriculture (A)to Planned Development (P PD, ofthe property described as 3.718 acres situated in the RACHEL STORY SURVEY, Abst. No. 501, Hood County, Texas, being: aj portion oft thet tract described in a deed tol LEJCI Holdings, Inc.by deed recorded in Document. Number 2017-0003265, Deed Records, Hood County, Texas, ands subdivision, replat and zoning from (A). Agriculture to (R6) Single Family Residential 6000sf, oft the property described as 5.344 acre tract oft the RACHEL STORY SURVEY, Abst. No. 501, tot the City ofTolar, Hood County, Texas. Motion carried 3/0. 4.). Approval of rezoning, subdivision andi replat oft thej property beinga a 2.653 acres tract ofl land out of the RACHEL STORY SURVEY, Abstract No. 501, Hood County, Texas; being part of Block 68 andl Block 69 of the second addition tot the town ofTolar, Hood County, Texas, zoned from (A) Agriculture to (R6) Single Family residential 6000sf and 1.542 acres tract of land out oft thel RACHEL STORY SURVEY, Abstract No. 501,1 Hood County, Texas; being part ofE Block 46 oft thes second addition to the town ofTolar, zoned from (RR) Motion: by Chip Foster, second by Kevin Fron to approve rezoning, subdivision and replat oft the property beinga a 2.653 acres tract ofl land out oft thel RACHEL STORY SURVEY, Abstract No. 501, Hood County, Texas; being part of Block 68 and Block 69 oft thes second addition to the town ofTolar, Hood County, Texas, zoned from (A) Agriculture to (R6) Single Family residential 6000sfand 1.542 acres tract ofl land out oft the! RACHEL STORY SURVEY, Abstract No. 501,Hood County, Texas; being part of Block 46 oft thes second addition to the town of Tolar, zoned from (RR) Rural Residential to (R6) Single Family Residential 6000sf. Motion carried 3/0. 5.) Approval of resolution authorizing publication oft the notice ofi intention toi issue Certificates of Obligation, Series Jake Lawrence ofGovernment Capital spoke on putting out for bond for thel loan for the new sewer plant. Tolar citizens would have first access toj purchase said bonds. He gaves some details tot the options.  15754. Motion carried: 3/0.  County, Texas.  presented at al later date.  SURVEY, Abst. No. 501, to the City ofTolar, Hood County, Texas.  Rural Residential to (R6) Single) Family Residential 6000sf.  2022 and authorizing certain other matters relating thereto.    Motion: by Kevin) Fron, second by Sally Grimes to approve the resolution authorizing publication ofther notice of intention toi issue Certificates of Obligation, Series 2022 and authorizing certain other matters relating thereto.  Motion carried 3/0.  6.) Approval oft the plan for the. new Wastewater Plant presented by EHT.  Contingent on the opinion of the City Attorney.  Motion: by Chip Foster, second by Kevin Fron to approve the plan for the new Wastewater Plant and execute 7.) Discuss and approve the agreement presented by Merritt, McLane, and Hamby, P.C. toj perform the city's annual Motion: by Chip Foster, second by Sally Grimes to approve the agreement presented by Merritt, McLane, and  professional service agreement presented by EHTI Motion carried 3/0.  audit.  Hamby, P.C. toj perform the city's annual audit.  Motion carried 3/0.  8.). Approval ofe electric franchise fee ordinance with' Texas New Mexico Power as presented. City Secretary stated this would be a 5 year agreement with' Texas New! Mexico Power and that we get paid Motion: by Sally Grimes, second by) Kevin Fron to approve the electric franchise fee ordinance with" Texas  franchise fees quarterly.  New Mexico Power as presented Motion carried 3/0.  9.) Approval ofall financials.  Bank Reconciliation Statement ofl Financial Income and] Expenses Expenses by Vendor Detail Profit & Loss budget VS. Actual  Motion: by Chip Foster, second by Kevin) Fron to approve all financials as presented.  Motion carried 3/0 OLD BUSINESS NONE STAFF REPORTS 1.) Operations Director/Public Works. Written report. 2.) Planning and Zoning 3.) Codel Enforcement High grass notices sent out, 4.) Administrative None  Nextlink will need a specific use permit to lay fiber optic lines within the city.    5.) Council ofway (ROW). EXECUTIVE SESSION 551.07 NONE ANNOUNCEMENTS  Mayor inquired about the plans for the brush pile. Mayor requested tol look into extending current sidewalk project.  A request was made tol havel Nextlink present at the next meeting regarding new: fiber lines int the City ofTolar right  The council may enter into a closed or Executive. Session to discuss the following items posted in Executive Session or seek legal advice from the city attorney pursuant to the Texas Local Government Code, Sections(s)  Special meeting September 29, 2022 @ 6P.M. The City Hall willl be closed October 10,2022 for Columbus Day.  ADJOURN Motion carried 3/0.  Motion: by Sally Grimes, second by Chipl Foster to adjourn meeting at 6:51 P.M.,  APPROVED: ATTEST:  Burdette, City Secretary  Aa  TEXAS