Giagaanlen  MINUTES OF CITY COUNCIL REGULAR SESSION NOVEMBER 7, 2022  The Regular Session of the City Council of the City of Seagoville, Texas was called to order at 7:25 p.m. on Monday, November 7, 2022, at City Hall, 702 N. Hwy 175, Seagoville, Texas  with a quorum present, to wit:  Dennis Childress Harold Magill Josel Hernandez Rick Howard Mike Fruin Jon Epps  Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember  Absent  The following staff members were also present: City Manager Patrick Stallings, Police Chief Ray Calverley, Community Development DirectorLadis Barr, Public Works Director Chris Ryan, City Attorney Victoria Thomas, Finance Director Gail French, Director of Administrative Services  Cindy Brown, and City Secretary Kandi Jackson.  Invocation - Invocation was led by Mayor Pro Tem Magill. Pledge of Allegiance- - Pledge of Allegiance was led by Mayor Childress.  Presentation of the Government Finance Officers Association Award - Mayor Childress presented the Government Finance Officers Association Award to Finance Director French. Citizens Public Comment Period- This portion of the meeting is to allow each: speaker up to. six (6) minutes toaddress the council oni items not postedont the current agenda. Council may not discuss these items but may respond with factual data or policy information, or place the item on a. future agenda. Citizens wishing to speak on posted agenda items will be called upon at that time. Anyone wishing to speak shall submit a Speaker Request Form to the Barbara Nitis, the Public Information Officer. for US. Small Business Administration explained CONSENT AGENDA- The Consent Agenda contains items which are routine in nature and will 1. Consider approving City Council Meeting Minutes for October 17, 2022 (City  Mayor's Report - None.  City. Secretary.  the assistance offered for the flooding that occurred. August 2022.  be acted upon in one motion.  Secretary)    Seagoville City Council Regular Session  November 7,2 2022  Motion to approve City Council Meeting Minutes for October 17, 2022- Magill, seconded by  Howard; motion passed with all ayes. 4/0  REGULAR AGENDA-  2. First Reading - Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Texas, approving the Amended and Restated Economic Development Project between the Seagoville Eçonomic Development Corporation, on the one hand, and KRR Malloy Bridge Residential, LLC, a Texas Limited Liability Company,and KRR Malloy Bridgel Retail, LLE,al Texas Limited Liability Company,on the other hand as reflected in the terms and conditions of an Amended and Restated Economic Development Incentive Agreement between the parties in substantially the form of that attached hereto as Exhibit "A"; and providing an effective date (City Mayor Childress read the Resolution for the First Reading, for approving the Amended and Restated Economic Development Project between the Seagoville Economic Development Corporation, on the one hand, and KRR Malloy Bridge Residential, LIC, a Texas Limited Liability Company, and KRR Malloy. Bridge Retail, LLC, a Texas Limited. Liability Company, on the other hand as reflected in the terms and conditions of an Amended and Restated Economic. Development Incentive Agreement between the parties in substantially the form of 3. Receive a presentation of City of Seagoville's 4th Quarter Financial Report for Fiscal Finance Director French presented the City of Seagoville 's 4th Quarter Financial Report for 4. Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Texas approving Work Order No. 6, in an amount not to exceed Three Hundred Fifty-Six Thousand Four Hundred Fifty-Nine Dollars and Zero Cents ($356,459.00) for Professional Engineering Services for West Simonds Road, issued under the Master Agreement for Professional Services with Garver, LLC; authorizing the City Manager to execute said Work Order; providing a repealing clause; providing aseverability clause; and providing an effective date (Public Works Director) Motion to approve a Resolution of the City Council ofthe City of Seagoville, Texas approving Work Order No. 6, in an amount not to exceed Three Hundred Fifly-Six Thousand Four Hundred Fifly-Nine Dollars and Zero Cents ($356,459.00) for Professional Engineering Services) for West Simonds Road, issuedunderthe. Master. Agreement for Professional Services with Garver, LLC; authorizing the City Manager to execute said Work Order; providing a repealing clause; providing a severability clause; and providing an effective date - Magill,  Manager)  that attached hereto as Exhibit "A"; and providing an effective date.  Year End 2022 (Finance Director) Fiscal Year End. 2022.  seconded. by Hernandez; motion passed with all ayes. 4/0  2    Seagoville City Council Regular Session  November 7,2022  5. Discuss and consider approving a Resolution of the City of Seagoville, Texas, approving an Agreement for Professional Engineering Services on a defined scope of services basis with Halff Associates, Inc. for assistance with the implementation ofCity's Storm Water Management Plan for Fiscal Year 2023 in an amount not to exceed Sixty Six Thousand Dollars and Zero Cents (S66,000.00); authorizing the City Manager to execute said agreement; providing a repealing clause; providing a severability clause; Motion to approve a Resolution of the City of Seagoville, Texas, approving an Agreement for Professional Engineering Services on a defined scope ofservices basis with Halff Associates, Inc. for assistance with the implementation ofCity's Storm Water Management Planj for Fiscal Year 2023 in an amount not to exceed Sixty Six Thousand Dollars and Zero Cents (S66,000.00); authorizing the City Manager to execute said agreement; providing a repealing clause; providing aseverability clause; and providing an effective date - Hernandez, seconded 6. Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Texas, approving an Agreement for Professional Engineering Services on a Task Order Basis with Halff Associates, Inc. and Task Order No. 1 issued thereunder for General Engineering Consulting Services for Fiscal Year 2023 in a total amount not to exceed Sixty Thousand Dollars ($60,000); authorizing the City Manager to execute said agreement and Task Order No. 1; providing a repealing clause; providing a severability Motion to approve a Resolution ofthe City Council ofthe City of Seagoville, Texas, approving an Agreement for Professional Engineering Services on a Task Order Basis with Halff Associates, Inc. and Task Order No. 1 issued thereunder for General Engineering Consulting Services for Fiscal Year 2023 in a total amount not to exceed Sixty Thousand Dollars ($60,000); authorizing the City Manager to execute said agreement and Task Order No. 1; providing a repealing clause; providing a severability clause; and providing an effective date 7. Discuss and consider approving a Resolution of the City of Seagoville, Texas, authorizing the purchase of an articulating swing arm brush cutterand a grapple bucket inan amount not to exceed Twenty Five Thousand Nine Hundred Fifty Dollars and Seventy-Nine Cents ($25,950.79) from ASCO Equipment; authorizing the City Manager to execute any and all necessary documents and disburse the funds for said purchase,and Motion to approve a Resolution of the City of Seagoville, Texas, authorizing the purchase of anarticulating. swing arm brush cutter anda grapple bucket in an amount not to exceedTwenty Five Thousand Nine Hundred. Fifly Dollars and Seventy-Nine Cents ($25,950.79/from. ASCO Equipment; authorizing the City Manager to execute any and all necessary documents and disburse the funds for said purchase, and providing an effective date - Hernandez, seconded 8. Discuss and consider approving a Resolution of the City of Seagoville, Texas, authorizing the purchase of a hydro jetting machine trailer in an amount not to exceed  and providing an effective date (Public Works Director)  by Magill; motion passed with all ayes. 4/0  clause; and providing an effective date (Public Works Director)  1 Magill, seconded by Howard; motion passed with all ayes. 4/0  providing an effective date (Public Works Director)  by Howard; motion passed with all ayes. 4/0  3    Seagoville City Council Regular Session  November 7,2022  Eighty Five Thousand Three Hundred Eighty Five Dollars and Twenty Five Cents $85,385.25, from Kinloch Equipment and Supply, Inc; authorizing the City Manager to execute any and all necessary documents and disburse the funds for said purchase; and Motion to approve a Resolution of the City of Seagoville, Texas, authorizing the purchase ofa hydrojetting machine trailer in an amount not to exceed Eighty. Five Thousand Three Hundred Eighty Five Dollars and Twenty. Five Cents $85,385.25.from. Kinloch Equipment and Supply, Inc; authorizing the City Manager to execute any and all necessary documents and disburse thej funds fors said purchase; and providing an effective date - Magill, secondedi by Hernandez; 9. Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Dallas County, Texas, authorizing the exercise of eminent domain by the City Council of the City of Seagoville, Texas; for property generally described as a non- exclusive perpetual variable width City of Seagoville municipal water main and wastewater (sanitary sewer) easement and temporary construction easement on Parcel No. 4 of the M.L. Swing Survey, Abstract Number 1420, City of Seagoville, Dallas County, Texas and more: specifically described and depicted inl Exhibit'A'; providing the necessity and public purpose for the acquisifion of said easements upon, under, over, through and across approximately 0.019 acres thereon for the city's east Malloy Bridge Road Wastewater Project; authorizing the City Attorney to file proceedings in eminent domain to acquire said property; and providing an effective date (City Attorney) Motion to approve a Resolution of the City Council of the City of Seagoville, Dallas County, Texas, authorizing the exercise ofeminent domain by the City Council of the CiyofSeagoville, Texas; for property generally described as a non-exclusive perpetual variable width City of Seagoville municipal water main and wastewater (sanitary sewer) easement and temporary construction easement on Parcel No. 4ofthe M.L. Swing Survey, Abstract Number 1420, City of Seagoville, Dallas County, Texas and more specifically described and depicted in Exhibit 'A; providing the necessity and public purpose for the acquisition of said easements upon, under, over, through and across approximately 0.019 acres thereon for the city' 's east Malloy Bridge Road Wastewater Project; authorizing the City Attorney toj file proceedings in eminent domain to acquire said properly; and providing an effective date - Hernandez, seconded by 10. Second Reading Discuss and consider approving: a Resolution of the City Council of the City of Seagoville, Texas, approving the Amended and Restated Economic Development Project between the Seagoville Economic Development Corporation, on the one hand, and KRR Malloy Bridge Residential, LLC, a Texas Limited Liability Company,and KRR Malloy Bridge Retail,LLC,a Texas Limited Liability Company, on the other hand as reflected in the terms and conditions of an Amended and Restated Economic Development Incentive Agreement between the parties in substantially the form of that attached hereto as Exhibit "A"; and providing an effective date (City  providing an effective date (Public Works Director)  motion passed with all ayes. 4/0  Howard; motion passed with all ayes. 4/0  Manager)  4    Seagoville City Council Regular Session  November 7, 2022  Motion to approve a Resolution ofthe City Council ofthe City of Seagoville, Texas, approving the Amended and Restated Economic Development Project between the Seagoville Economic Development Corporation, on the one hand, and KRR Malloy Bridge Residential, LLC, a Texas Limited Liability Company, and KRR Malloy Bridge Retail, LLC, a Texas Limited Liability Company, on the other hand as reflected in the terms and conditions of an Amended and Restated Economic Development Incentive Agreement between the parties in substantially the form of that attached hereto as Exhibit "A"; and providing an effective date - Howard, 11. Receive Councilmember Reports/Items of Community Interest - as authorized by  seconded by Magill; motion passed with all ayes. 4/0 Section 551.0415 of the Texas Government Code.  None.  12. Future Agenda Items = Council to provide direction to staff regarding future agenda items. These items will not be discussed and no action will be taken at this meeting.  None.  13. Recessed into Executive Session at 7:51 p.m.  Council will recess into executive session pursuant to Texas Government Code: A. $ 551.074. Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee to wit:  City Manager  B. $ 551.074. Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee to wit:  City Secretary  C.$5 551.074. Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee to wit:  City Attorney  D. $551.071. Consultation with City Attorney, to seek the advice of its attorney about pending litigation: Shayla Logan V. Chief of Police, Ray Calverley, Captain Steve Davis, and Officer Kevin Yoes ID 180, City of Seagoville, Civil Action No. 3:21-cv- 3079 in the United States District Court for the Northern District ofTexas E. $551.071. Consultation with City Attorney: receive legal advice related to the  Charter Review Commission Report  5    Seagoville City Council Regular Session  November 7, 2022  14. Reconvened Into Regular Session at 8:54 p.m.  Council will reconvene into open session, and take action, ifany, on matters discussed A.S 551.074. Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee to wit: Motion to approve an amendment to the City Manager's contract for employment to extend the term for one additional year - Hernandez, seconded by Fruin; motion passedwith all B. $ 551.074. Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee to wit:  in Executive Session.  City Manager  ayes. 4/0  City Secretary No action taken.  C.S5 551.074. Personnel, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee to wit:  City Attorney No action taken.  D. $551.071. Consultation with City Attorney, to seek the advice of its attorney about pending litigation: Shayla Logan V. Chief of Police, Ray Calverley, Captain Steve Davis, and Officer Kevin Yoes ID 180, City of Seagoville, Civil Action No. 3:21-cv- 3079 in the United States District Court for the Northern District ofTexas  No action taken.  E.$551.071. Consultation with City. Attorney: receive legal advice related to the  Charter Review Commission Report  No action taken. Adjourned at 8:56 p.m.  6    Seagoville City Council Regular Session  November 7, 2022  APPROVED: A Mayor Dennis K. Childress  ATTEST:  handilackao Kandi Jackson,Sity Secretary  7