Giaganle MINUTES OF CITY COUNCIL REGULAR SESSION SEPTEMBER 16, 2019 Thel Regular Session of the City Council of the City of Seagoville, Texas was called to order at 7:00 p.m. on Monday, September 16, 2019, at City Hall, 702 N. Hwy 175, Seagoville, Texas with a quorum present, to wit: Dennis Childress Jon Epps Jose Hernandez Rick Howard Harold Magill Mike Fruin Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Absent The following staff members were also present: City Manager Patrick Stallings, Police ChiefRay Calverley, Library Director Liz Gant, Community Development Director Ladis Barr, Sergeant Andrew Sparrow, City Attorney Victoria Thomas, 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 Pro Tem Epps. Mayor's Report - None. 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 posted on 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 10. speak on posted agenda items will be called upon at that time. Anyone wishing to: speak. shall submit a Speaker Request Form to the Billy Chasteen at 732. Jack St., Seagoville, Texas, stated Four Thousand Four Hundred Seventy- Three Dollars and Eighty-Four Cents (S4473.84) was raised at the Back to School Bash this year. He stated Two Thousand. Nine Hundred Ninety-Nine Dollars and Seventy-Eight Cents (S2999.78) was spent on school supplies and Wal-Mart donated $300.00 dollars. He also stated a truck full Jeremy Boss at 835 W. gSt., Dallas, Texas, stated his concern about abused dogs and dead dogs Karl Boss at 2701 Old Farm Dr., Seagoville, Texas expressed his concern of dead dogs being City Secretary. ofschool supplies was donated. being dumped in the City of Seagoville. dumped in the CilyofSeagoville. Seagoville City Council Regular Session September 16, 2019 CONSENT. AGENDA- The Consent Agenda contains items which are routine inj nature and will 1. Discuss and consider approval of a Resolution of the City of Seagoville, Texas, authorizing the Mayor to execute the Dallas Area Household Hazardous Waste Network Interlocal Agreement Amendment No. 2 between the City of Seagoville and Dallas County, from October 1, 2019 until September. 30, 2020; and providing an effective date Motion to approve a Resolution of the City of Seagoville, Texas, authorizing the Mayor to execute the Dallas Area Household Hazardous Waste Network Interlocal Agreement Amendment No. 2 between the City of Seagoville and Dallas County, from October 1, 2019 until September 30, 2020; and providing an effective date - Hernandez, seconded by Magill; be acted upon in one motion. (Community Development Director) motion passed with all ayes. 4/0 REGULAR AGENDA- 2. Conduct a public hearing to discuss a zoning change from "PD-R-5" Planned Development Residential 5 to "PD-R-5-SUP" Planned Development = Residential 5 with a Special Use Permit, which shall expire on March 13, 2020, to allow for a Temporary Batch Plant, on approximately 1.5+acres being Lots 21 through 32, BlockJ, of the Seagoville Farms Subdivision located on the south side of East Farmers Road between Simonds Road and Alto Road (Community Development Director) Mayor Pro Tem Epps opened the public hearing at 7:11 p.m. Mayor Pro Tem Epps closed the public hearing at 7:11 p.m. No one spoke for or against. 2 Seagoville City Council Regular Session September 16, 2019 3. Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the Comprehensive Zoning Ordinance, as amended by changing the zoning from "PD-R-5" Planned Development = Residential 5 to "PD-R-5-SUP" Planned Development = Residential 5 with a Special Use Permit, which shall expire on March 13, 2020, to allow for a Temporary Batch Plant, on approximately 1.5tacres being Lots 21 through. 32, Block. J, ofthe Seagoville Farms Subdivision located on the south side of East Farmers Road between Simonds Road and Alto Road, in the City of Seagoville, Texas; providing for special conditions; providing for an approved site plan which is attached hereto and incorporated herein as Exhibit "A";p providing for the repeal lofallOrdinances in conflict; providing for 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 Motion to approve an Ordinance ofi the CivyofSeagoville, Texas, amending the Comprehensive Zoning Ordinance, as amended by changing the zoningf from "PD-R-5" Planned. Development Residential 5 to PD-R-5-SUP" Planned Development Residential 5 with a Special Use Permit, which shall expire on March 13, 2020, to allow for a Temporary Batch Plant, on approximately 1.5tacres being Lots 21 through 32, Block J, of the Seagoville Farms Subdivision located on the south. side of East Farmers Road between Simonds Road and Alto Road, in the City of Seagoville, Texas; providing. for special conditions; providing for an approvedsite) plan which is attached hereto andi incorporated. herein as Exhibit "A"providing for the repeal ofall Ordinances in conflict; providing. for 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 - Magill, seconded by Hernandez; motion passed with all ayes. effective date (Community Development Director) 4/0 4. Conduct a public hearing on a request to amend from Planned Deyelopment-Ord 500 (PD-Ord 500) to Planned Deyelopment-19-01 Amended (PD-19-01A1) to provide for the construction of fire station on approximately 5.5tacres located on the north side of East Simonds Road at its intersection with East Farmers Road (Community Development Director) Mayor Pro Tem. Epps opened the public hearing at 7:13p.m. Halff Associates, Inc., Project Manager Alan Lafon stated this is the last process of the rezoning for the Fire Station property and he is here to answer, any questions. Mayor. Pro Tem Epps closed the public hearing at 7:14p.m. 3 Seagoville City Council Regular Session September 16, 2019 5. Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the Comprehensive Zoning Ordinance and Map of the City of Seagoville, Dallas County, Texas, as heretofore amended by granting a change in zoning from Planned Development-Ord 500 (PD-Ord 500) to Planned Deyelopment-19-01 Amended (PD-19-01A1) to provide for the construction of fire station on approximately 5.5tacres located on the north side of East Simonds Road at its intersection with East Farmers Road, Seagoville, Dallas County, Texas, and being legally described and depicted in Exhibit "A", attached hereto and incorporated herein; 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 OflheCiyofSegovill. Texas, amending the Comprehensive Zoning Ordinance and Map of the Cilty of Seagoville, Dallas County, Texas, as heretofore amended by granting a change in zoning, from Planned. Development-Ord. 500 (PD-Ord500) to Planned Development-19-01 Amended (PD-19-01A1) to provide for the construction off fire station on approximately 5.5tacres located on the north side of East Simonds Road at its intersection with East Farmers Road, Seagoville, Dallas County, Texas, and being legally described and depicted in Exhibit "A", attached hereto and incorporated herein; providing for amended development regulations; providing a repealing clause; providing a severability clause; providing a savings clause; providing a penally of) fine not to exceed the sum oftwo thousand dollars ($2,000.00) for each offense; and providing an effective date - Magill, 6. - Conduct a public hearing on an amendment to the City of Seagoville Zoning Ordinance, Division 15. Local Retail District Regulations, Section 25.02.351, "Use Regulations", and Division 26, Special Uses, Section 25.02.631, "Uses which may be authorized by Ordinance",by repealing thes size reference contained therein fora a grocery store, restaurant, and convenience store/mini mart (Community Development Director) (Community Development Director) seconded by. Hernandez; motion passed with all ayes. 4/0 Mayor Pro Tem Epps opened the public hearing at 7:16p.m. Mayor. Pro Tem Epps closed the public hearing at 7:161 p.m. No one spoke for or against. 4 Seagoville City Council Regular Session September 16, 2019 7. Discuss and consider approving an Ordinance of the City of Seagoville, Texas, amending the Code of Ordinances, Chapter 25, "Zoning", Article 25.02, "Zoning Ordinance", by amending Division 15, "LR-Local Retail District Regulations", Section 25.02.351, "Use Regulations", and Division 26, "Special Uses", Section 25.02.631, "uses which may be authorized by Ordinance", providing a penalty clause; providing a severability clause; providing a repealing clause; and providing an effective date Councilmember Hernandez asked what is the difference between a grocery store and a convenience store. Community Development Director Bur-staledacomeniene store consists oft prepackaged items and offsite consumption. Councilmember Hernandez stated he was concerned about a loophole for convenience stores to be called a grocery store. Community Development Director Barr stated the Ordinance has definitions for grocery stores and Motion to approve an Ordinance of the City of Seagoville, Texas, amending the Code of Ordinances, Chapter. 25, "Zoning".Article. 25.02, "Zoning Ordinance". byamending Division 15, "LR Local Retail District Regulations", Section 25.02.351, "Use Regulations", and Division 26, "Special Uses", Section 25.02.631, "uses which may be authorized by Ordinance", providing a penalty clause; providing a severability clause; providing a repealing clause; and providing an effective date - Hernandez, seconded by Howard; motion 8. Discuss and consider an Ordinance of the City Council of the City of Seagoville, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2019 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached Exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached Exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC'sreasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this ordinance to the company and the ACSC's (Community Development Director) convenience stores. passed with all ayes. 4/0 legal counsel (Director of Administrative Services) Mayor. Pro Tem Epps stated. Agenda Item #8 has been pulled. 9. Receive a presentation concerning the City of Seagoville ranking #49 of the Safest Cities to Live in Texas 2019 as reported by BackgrounChecksorg (Police Chief) Police ChiefCalverley stated he was contacted by BackgrowmCheck,org stating Seagoville was ranked #490 oft the Safest Cities to. Live in Texas 2019. He stated Seagoville is only one (1) offive (5) cities in Dallas County and the only city in Kaufman County that made the list. He also. stated this is the fourth (4")year the Cityo ofSeagoville made the list. 5 Seagoville City Council Regular Session September 16, 2019 10. Receive a presentation on the new Seagoville Police Department Unmanned Aircraft Police ChiefCalverleyand) Police Sergeant Sparrow presented the unmanned. Aircraft System 11. Receive Councilmember Reports/Items of Community Interest - as authorized by System (U.A.S.) Program (Police Chief) (U.A.S.) Section 551.0415 ofthe 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. Adjourned at 7:45 p.m. APPROVED: 1 Mayor Dennis K. Childress ATTEST: handi Aackaan Kandi Jackson, City Secretary 6