COUNTY OF DALLASICOUNTY OF KAUFMAN  CITY OF SEAGOVILLE  CITY OF SEAGOVILLE CITY COUNCIL MINUTES  The City Council of the City of Seagoville met in a Regular Meeting on Thursday, April 21, 2011 beginning at 7:30 p.m. in the Council Chambers of City Hall, 702 N. Highway 175, Seagoville, Texas, with the following members present:  Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member  Sidney M. Sexton, Jr. Brenda Thompson Harold Magill Lee Landess Carl Polnac Peggy Day  The following members were absent: All Council Members were present  The following City staff members were present:  City Manager Assistant City Manager/PWD City Secretary  Larry Graves Mike Hitt Sheila Martin  Mayor Sexton called the meeting to order at 7:30 p.m. and delivered the  invocation. The City Council led the Pledge of Allegiance.  RESENTATIONIPROCLAMATIONIS  None SPEAKERS None  CONSENT AGENDA 1. April 7, 2011 Meeting Minutes  Motion: Brenda Thompson made a MOTION Harold Magill SECONDED to  approve Consent Agenda Items as presented.  Vote: 5Ayes Track No 61 Blue  ON Nays    City Council Regular Meeting Minutes  April, 21, 2011 Page 20f5  ITEMS FOR INDIVIDUAL CONSIDERATION:  PUBLIC HEARINGS  2. - Conduct a Public Hearing and Consider Ordinance No. 02-11 Amending Chapter 19 of the Code of Ordinances, Creating a Municipal Storm Water Mike Hitt provided an overview of storm water utility requirements. The requirements represent an unfunded mandate from the federal government. Hitt stated that the General Fund along with a small loan from the Water and Sewer fund are being used to meet the requirements, which amounted to $72,000.00 last fiscal year. In May 2010, the City Council authorized Freese and Nichols to conduct a storm water utility fee study. Freese and Nichols presented the study results to Council in January 2011. A City staff briefing followed in March 2011 and included an overview of a process to set up the recommended storm water utility Stephanie Griffin of Freese Nichols presented additional information via a PowerPoint presentation which included storm water utility fees from North Texas  Utility  cities.  Mayor Sexton opened the Public Hearing at 7:43 p.m.  The following citizens spoke:  Ken Carter Opposed the Ordinance = Stating if this project has been three (3) years in the planning, why have no money been budgeted to fund the project. There are 18 cities in the metroplex with no storm water utility ordinance/fee. Believes a new City department will be created if the fee is adopted. Doesn't want Joe Mitchell - 720 May Road, Seagoville, Texas - Opposed = Seagoville is 95% private property, implementation will have an adverse economic effect on Dee Thompson - 1919 Seagoville Road, Seagoville, Texas- - Opposed -V With gas prices rising along with taxes another $7.50 a month will hurt residents. James Sudduth - 2401 Cloverhill Road, Seagoville, Texas - Opposed - He will Brian Blessing - 823 Johnnie Row, Seagoville, Texas - Opposed - As candidate for Council Place 2; citizens he has talked with don't want this fee or bigger Mayor Sexton closed the Public Hearing at 7:56 p.m., and limited comments to Brenda Thompson- Asked if passed, will the City be obligated to fund? Larry Graves responded the utility could be created but not funded  one cent of utility customer's bill to fund storm water.  residents. There are too many unanswered questions.  Seagoville is a low-income area  pay a fee, but will not receive any benefit for doing SO.  government. the City Council Track No 61 Blue    City Council Regular Meeting Minutes  April, 21, 2011 Page 3of5  Harold Magill - Asked will City staff be able to go onto private property to address Storm water utility issue. Ith has been a problem in the past with staff not having the ability to go onto private property. Referred Council to news article placed in Council packets referencing City of San Angelo's liability due to storm water  issues. Wants storm water fee to be dedicated Asked what are the three fee-exempt categories.  Stephanie Griffin, Freese and Nichols; the following categories are exempt f from paying the fee: tax-exempt agencies, religious organization, and colleges and universities. Griffin stated federal prisons and military installations must pay Lee Landess - Can support creating the fund, but not setting the fee. Needs more information on how the fees will be used. Asked what if a $100,000 piece of equipment was purchased will that piece of equipment be able to be used for Mike Hitt replied storm water related equipment would be provided through a Carl Polnac - Needs to know what resources are needed SO that a fee can be set to fund storm water issues. IfCouncil sets this up without funding, staff will have Peggy Day - Reference news article referring to City of San Angelo's storm water liability, asked why other cities haven'ti implemented the storm water ordinance/fee. Stephanie Griffin, Freese and Nichols, All cities have to comply with storm water requirements. Some cities are using general fund or other funds to address the  the fee. Cities/counties, and school districts are optional  other purposes?  contract with a vendor, or through a lease agreement.  to continue to find a way to pay for the requirements.  Views storm water utility as a pollution tax  the requirements. Following Council comments. approve Ordinance No. 02-11 Vote: 3A Ayes Landess, Polnac, Day  Motion: Peggy Day made a MOTION Carl Polnac SECONDED to  2- Nays Thompson, Magill  Track No 61 Blue    City Council Regular Meeting Minutes  April, 21,2011 Page4of5 ACTIONI ITEMS Storm Water Utility Fee.  3. Conduct a Public Hearing and Consider Resolution No. 14-11 Creating a Mike Hitt stated the Freese and Nichols study resulted in 3 fee categories for which are: Level 1- $2.65 for Basic Compliance, Level 2 - $4.95, Compliance with Small CIP projects, and Level 3 $7.50 Compliance with Moderate CIP. Hitt referenced a chart that contained storm water fees from area cities. Stating staff is recommending a $4.95 per residence. Commercialindustrial Customers will be charged a fee of $7.50 per square foot of impervious surface area. Mayor Sexton opened the Public Hearing at 8:27 p.m. Ken Carter 411 Hargrave, Seagoville, Texas - Opposed - No fee  The following citizens spoke:  Joe Mitchell - 720 May Road, Seagoville, Texas = Opposed -No fee. Look carefully before implementing. Determine how City will be able to get onto private Dee Thompson - 1919 Seagoville Road, Seagoville, Texas - Opposed = Brian Blessing - 823 Johnnie Row, Seagoville, Texas = Opposed - Stay at zero - Mayor Sexton closed the Public Hearing at 8:33 p.m., limiting comments to Council. Council stated their preference for the storm water utility fee as being:  Property to build a good drainage system  Seagoville is low-income will have a negative impact on citizens  figure out how to fund later.  Brenda Thompson - Zero - due to the economy  Harold Magill - Zero - due to the economy. Received confirmation from Mike Hitt that Council has the option of funding the The utility anywhere from one cents to $7.50 cents. Asked if the law makes a provision for Senior citizens? Stephanie Griffin, Freese and Nichols confirmed the regulations do not exempt enior Citizens Lee Landess - Zero = due to the economy. Need to make an educated decision Carl Polnac - Zero - But Council is kicking-the-can down the road" This issue  will have to be addressed.  Peggy Day - Zero - With reservations Brenda Thompson SECONDED  Motion: Lee Landess made a MOTION to - Not set a Stormwater Utility Fee =  Vote: 5Ayes Track No 61 Blue  ONays    City Council Regular Meeting Minutes  April, 21, 2011 Page 50f5  CITIZEN COMMENTS customers-$2.60.  Joe Mitchell 720 May Road - Wanted to make an additional comment about utility Fees = referenced the $100.36 million Oncor increase which cost each customer Calvin Travers 600 W. Simmonds Road - Requested that staff ask the State to place bumpers" on the inside lane at the intersection of Malloy Bridge Road and  Hwy 175. NONE  FUTURE AGENDA ITEMS  No other Future Agenda Items were brought forward  EXECUTIVE SESSION None ADJOURN  Mayor Sexton adjourned the Council meeting at 8:141 p.m. Approved this the 5th day of May, of April, 2011 AmAs-p  Mayor ATTEST:  Secretary  3A6  Track No 61 Blue