Giaganle MINUTES OF CITY COUNCIL REGULAR SESSION FEBRUARY 28, 2022 The Regular Session of the City Council of the City of Seagoville, Texas was called to order at 7:00 p.m. on Monday, February 28, 2022, at City Hall, 702 N. Hwy 175, Seagoville, Texas with a quorum present, to wit: Dennis Childress Mike Fruin Jose Hernandez Rick Howard Harold Magill Jon Epps Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember The following staff members were also present: City Manager Patrick Stallings, Assistant Police ChiefSteve Davis, Community Development DirectorLadis Barr, City Attorney Victoria Thomas, Finance Director Gail French, Senior Accountant Donna Johnson, Finance Technician Marty Anderson, Public Works Director Chris Ryan, Fire Chief Todd Gilcrease, Director of Administrative Services Cindy Brown, and City Secretary Kandi Jackson. Invocation - Invocation was led by Councilmember Magill. Pledge of Allegiance - Pledge of Allegiance was led by Mayor Childress. Government Finance Officers Association Mayor Childress presented the Finance Department with the Government Finance Officers Association Award. Mayor's Report - None. Citizens Public Comment Period- This portion of the meeting is to allow each speaker up to six (6) minutes to address thec 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 aj 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 CONSENT AGENDA- The Consent Agenda contains items which are routine in nature and will 1. Consider approving City Council Meeting minutes for February 7, 2022 (City City Secretary. None. be acted upon in one motion. Secretary) Seagoville City Council Regular Session February 28, 2022 2. Discuss and consider approving a Resolution of the City of Seagoville, Texas, authorizing continued participation with the Steering Committee of Cities served by ONCOR; and authorizing the payment of ten cents (S0.10) per capita to the Steering Committee to fund regulatory and legal proceedings and activities related to Oncor 3. Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Texas, authorizing the City Manager to enter into the TEVA Texas Opioid Settlement and authorizing and ratifying the submission of the Texas Subdivision and Special District Election and Release Form regarding the TEVA Opioid Settlement; and Motion to approve the Consent Agenda as read - Hernandez, seconded by Magill; motion Electric Delivery Company, LLC (Director of Administrative Services) providing an effective date (City Attorney) passed with all ayes. 5/0 REGULARAGENDA- 4. Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the Code of Ordinances by amending Chapter 23, "Subdivisions", Article 23.03, "Subdivision Design Standards", by amending Section 23.03.010 "Stormwater Collection and Conveyance Systems"; providing a repealing clause; providing a savings clause; providing a severability clause; providing for a penalty of fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and providing for an effective Motion to approve an Ordinance of the City of Seagoville, Texas, amending the Code of Ordinances by amending Chapter 23, "Subdivisions", Article 23.03, "Subdivision Design Standards", by amending Section 23.03.010 "Stormwater Collection and Conveyance Systems" providing a repealing clause; providing a savings clause; providing a severability clause; providing for a penalty of) fine not to exceed the sum offive hundred dollars ($500.00) for each offense; and providing. for an effective date - Howard, seconded by Epps; motion 5. Conduct a public hearing amending the Comprehensive Zoning Ordinance and Map of the City of Seagoville, Kaufman County, Texas, as heretofore amended, by granting a change in zoning from Planned Dcdhpmatisdr-Ammded 2 (PD-13-01-A2) to Planned Deyelopment-13-0l-Amended 3 (PD-13-01-A3) for the property located at 1706 South U.S. Highway 175, Seagoville, Kaufman County, Texas, and being more particularly described as lots 1,2A, 2B and 3, Block A, of the Sudduth Addition; providing for amended development regulations (Community Development Director) date (Community Development Director) passed with all ayes. 5/0 Mayor Childress opened the public hearing at 7:06) p.m. No one spoke for or against. Mayor Childress closed the public hearing at 7:06 p.m. 2 Seagoville City Council Regular Session February 28, 2022 6. - Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the Comprehensive Zoning Ordinance and Map, as heretofore amended, by granting a change in zoning from Planned Dedepmcaber-Amenid 2 (PD-13-01- A2) to Planned Development-13-0l-Amended 3 (PD-13-01-A3) for the property located at 1706 South U.S. Highway 175, Seagoville, Kaufman County, Texas, and being more particularly described as lots 1,2A, 2B and 3, Block A, of the Sudduth Addition; providing for amended development regulations; providing a repealing clause; providing a severability clause; providing a savings clause; providing a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and providing an effective date Motion to approve an Ordinance of the CilyofSeagoville, Texas, amending the Comprehensive Zoning Ordinance and Map, as heretofore amended, by granting a change in zoning from Planned Ddgpman0l-imema 2 (PD-13-01-A2) to Planned Development-13-0l- Amended 3 (PD-13-01-A3) for the property located at 1706 South U.S. Highway 175, Seagoville, Kaufman County, Texas, and being more particularly described as lots 1, 2A, 2B and 3, Block A, of the Sudduth Addition; providing for amended development regulations; providing a repealing clause; providing a severability clause; providing a savings clause; providing a penalty of) fine not to exceed the sum of two thousand dollars ($2,000.00). for each offense; and providing an effective date - Fruin, seconded by Magill; motion passedwith all ayes. 7. Conduct a public hearing amending the Comprehensive Zoning Ordinance and Map, as previously amended, by changing the zoning from "LR" Local Retail to "LR-SUP" Local Retail with a Special Use Permit for prepackaged beverages, subject to special conditions on approximately 0.792+ acres located at 200 North U.S. Highway 175 Frontage Road, being described as the John D Merchant Abstract 850, Lot 18, of the Walmart Supercenter Addition, in the City of Seagoville, Texas; providing for special (Community Development Director) 5/0 conditions (Community Development Director) Mayor Childress opened the public hearing at 7:09 p.m. No one spoke for or against. Mayor Childress closed the public hearing at 7:09 p.m. 8. Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the Comprehensive Zoning Ordinance and Map, as previously amended, by changing the zoning from "LR" Local Retail to "LR-SUP" Local Retail with a Special Use Permit for prepackaged beverages, subject to special conditions on approximately 0.792+ acres located at 200 North U.S. Highway 175 Frontage Road, being described as the John D Merchant Abstract 850, Lot 18, of the Walmart Supercenter Addition, in the City of Seagoville, Texas; providing for special conditions; providing for the repeal of all ordinances in conflict; providing a severability clause; providing for a penalty of fine not to exceed the sum of Two Thousand dollars ($2,000.00) for each offense; and providing an effective date (Community Development Director) 3 Seagoville City Council Regular Session February 28, 2022 Motion to approve an Ordinance ofthe CiyofSeagoville, Texas, amending the Comprehensive Zoning Ordinance and Map, as previously amended, by changing the zoning from "LR"Local Retail to "LR-SUP" Local Retail with a Special Use Permit for prepackaged beverages, subject to special conditions on approximately 0.792+ acres located at 200 North U.S. Highway 175 Frontage Road, being described as the John D. Merchant Abstract 850, Lot 18, of the Walmart Supercenter Addition, in the City of Seagoville, Texas; providing. for special conditions; providing. for the repeal of all ordinances in conflict; providing a severability clause; providing for a penalty of fine not to exceed the sum of Two Thousand dollars Community Development Director Barr stated the Ordinance needs to be amended to add for a convenience store over 1000 square feet and providing for the sale of prepackaged Motion to approve the Ordinance with the stated amendments - Howard, seconded by Epps; 9. Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the CodeofOrdinances by amending Chapter 11,"Health and Sanitation",by adding a new Article 11.05 "Multi-Family Licensing and Inspection"; providing a repealing clause; providing a savings clause; providing a severability clause; providing for a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each Councimember Fruin stated he would like to defer to the City Attorney for an explanation of City Attorney Thomas stated this Ordinance does not set the fees but provides the framework for the inspections and registration. She stated it does apply to all multi-family complexes but it does allow fora one (1)year grace period for the brand-new complexes. since theywill have Motion to approve an Ordinance of the City of Seagoville, Texas, amending the Code of Ordinances by amending Chapter. 11, "Health and: Sanitation", by adding a new. Article 11.05 Multi-Family Licensing and Inspection"; : providing a repealing clause; providing a savings clause; providing a severability clause; providing. for a penalty of fine not to exceed the sum of two thousand dollars (S2,000.00). for each offense; and providing. for an effective date 10. Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Texas amending the master fee schedule to add applicable fees related to multi-family licensing and inspection; providingasavings clause, providingaseverabiliy clause; and providing an effective date (Mayor Pro' Tem Fruin/City Attorney) Motion to table Item # 10 to next meeting and to put it on a workshop - Fruin, seconded by ($2,000.00). for each offense; and providing an effective date - Howard. beverages. motion passed with all ayes. 5/0 offense; and providing for an effective date (Mayor Pro Tem Fruin) this item. just received their certificate ofoccupancy. Fruin, seconded by Magill; motion passed with all ayes. 5/0 Hernandez; motion passed with all ayes. 5/0 4 Seagoville City Council Regular Session February 28, 2022 11. Receive Councilmember Reports/Items of Community Interest - as authorized by Mayor Pro Tem Fruin congratulated all of the incumbents that decided to run. for Council again and commended then for doing a good job. He stated evidently the citizens are happy Mayor Childress stated he has the same expression as Mr. Fruin to the ones that are currently serving this Council and were re-elected. He also stated the Council must be doing something 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. Section 551.0415 ofthe Texas Government Code. because they ran unopposed. good. Councilmember Epps stated he would like to discuss Airbnb rent homes. 13. Council Recessed into Executive Session at 7:32 p.m. Council will recess into executive session pursuant to Texas Government Code: A. $551.071. Consultation with City Attorney: to obtain legal advice regarding house numbering-1 LaFonda Ambulance Service B. $551.071 (2). Consultation with City Attorney: regarding legal advice relating to negotiation of ambulance services contracts C.$551.071. Consultation with City Attorney: to receive legal advice regarding obtaining easements necessary for the Northern Basin Interceptor Wastewater D. $551.071. Consultation with City Attorney: to receive legal advice regarding Project, including possible authorization of eminent domain the Design/Build Police Station Project 14. Council Reconvened Into Regular Session at 9:13 p.m. 5 Seagoville City Council Regular Session February 28, 2022 Council will reconvene into open session, and take action, if any, on matters discussed in Executive Session. A. $551.071. Consultation with City Attorney: to obtain legal advice regarding house numbering - LaFonda Ambulance Service No action taken. B. $551.071 (2). Consultation with City Attorney: regarding legal advice relating to negotiation of ambulance services contracts Motion to authorize the City Manager to reject the request by Acadian Ambulance Service of Texas, LLC for an increase to the annual subsidy provided for in Section F ofthe City' 's Professional Services Agreement for Provision of Mobile Intensive Care Ambulance Service with Acadian Ambulance Service of Texas, LIC and to provide ninety days notice of the City's termination of that Agreement and that we further authorized the City Manager to negotiate an agreement for provision of ambulance services with CareFlite, a Texas nonprofit corporation - Fruin, seconded by C. $551.071. Consultation with City Attorney: to receive legal advice regarding obtaining easements necessary for thel Northern Basin Interceptor Wastewater Hernandez; motion passed with all ayes. 5/0 Project, including possible authorization of eminent domain No action taken. D. $551.071. Consultation with City Attorney: to receive legal advice regarding the Design/Build Police Station Project No action taken. 15. 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 fifteen foot wide Wastewater and Temporary Construction Easement on Parcel No. 1 of the 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 0.0180 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 ofthe Cityofs Seagoville, Texas; for property generally described as a fifteen foot wide Wastewater and Temporary Construction Easement on Parcel. No. lofthe M.L. Swing Survey, Abstract Number 1420, City 6 Seagoville City Council Regular Session February 28, 2022 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 andacross pprasimarly0olslaere: thereonj 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 - Hernandez, seconded by 16. 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 (1) a twelve foot wide Wastewater and Temporary Construction Easement on Parcel No. 3, Part 1 and (2) a variable width Wastewater and Temporary Construction Easement on Parcel No. 3, Part 2, both out of the M.L. Swing Survey, Abstract Number 1420, City of Seagoville, Dallas County, Texas, mores 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 0.031 acres in Parcel No. 3, Part 1 and upon, under, over, through and across approximately 0.018 acres in Parcel 3, Part 2 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 Motion to approve a Resolution of the City Council of the City of Seagoville, Dallas County, Texas, authorizing the exercise ofeminent domain by the CityCouncil ofthe Cityofs Seagoville, Texas for property generally described as (1) a twelve foot wide Wastewater and Temporary Construction Easement on Parcel No. 3, Part 1 and (2) a variable width Wastewater and Temporary Construction Easement on Parcel No. 3, Part 2, both out ofthe M.L. Swing Survey, Abstract Number 1420, CiyofSeagoville, Dallas County, Texas, 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 0.031 acres in Parcel No. 3, Part 1 and upon, under, over, through and across approximately 0.018 acres in Parcel 3, Part 2 thereon) for the City! 's East Malloy. Bridge Road Wastewater Project; authorizing the city attorney toj file proceedings in eminent domain to acquire said property; and providing an effective date - Hernandez, seconded by Howard; motion passed with all ayes. 5/0 17.1 Discuss and consider approving a Resolution of the City Council of the City of Seagoville, Texas, authorizing negotiation and execution of a design-building contract with Grossman Design Build, LLC, a Texas Limited Liability Company, for the design, permitting, and construction ofa new police station and expansion and remodeling ofthe dispatch center in the existing police station; and providing an effective date (Grossman Motion to approve a Resolution ofthe City Council ofthe Cityof Seagoville, Texas, authorizing negotiation and execution of a design-building contract with Grossman Design Build, LLC, a Texas Limited Liability Company, for the design, permitting, and construction of a new police station and expansion and remodeling of the dispatch center in the existing police station; and providing an effective date - Fruin, seconded by Magill; motion passed with all ayes. 5/0 Howard; motion passed with all ayes. 5/0 an effective date (City Attorney) Design Build/City Manager/City Attorney) 7 Seagoville City Council Regular Session February 28, 2022 Adjourned at 9:18 p.m. APPROVED: - Mayor Dennis K. Childress ATTEST: hodlackien Kandi Jackson, City Secretary 8