January 17, 2019 – City Council Meeting Minutes

May 21, 2019

CITY OF SEYMOUR CITY COUNCIL

REGULAR MEETING

JANUARY 17, 2019

 

A Regular City Council Meeting was held on Thursday, January 17, 2019 at 7:00 P.M. at the Portwood Arts and Civic Center, 800 E. Morris, Seymour, TX  76380.

 

Call to Order, Roll Call and Pledge of Allegiance led by MPT Jon Hrncirik at 7:00 p.m.

 

Council present: MPT Jon Hrncirik, Les Hons, Paula K. Vaden, Mary K. Fair and Monty Glass.

 

Counsel present: Jonathan Whitsitt, City Attorney

 

City Staff: City Administrator Steve Biedermann, City Secretary Conchita Torrez, Economic Dev. Director Lauren Bush, Chief of Police Mike Griffin and Waste/Water Supervisor Robert Torrez.

 

Guests: Angie Morrow, Tabatha Lane, Shelly Hudson, Jody Hudson, CJ Bruce, Nancy Davis, Patricia Deering, Brian Broome, Misty Broome and Johnny Jackson.

 

Announcements from Mayor Pro-Tem: No announcements from MPT Hrncirik at this time.

 

Citizen’s questions and/or comments: No one signed up for questions or comments

 

Consent Agenda: (Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from the Consent Agenda for separate discussion and action.)

  1. Consider approving the consent agenda as follows:

(a.) Approve December 13, 2018, Special Called minutes and December 20, 2018, Regular minutes.

(b.) Accept Reports

  1. Monthly Investment Report
  2. First Bank & Trust accounts report summary
  3. Employee List/ Salt Fork membership report
  4. Administrator and Supervisor reports

(c.) Accept and approve the City of Seymour, Texas, Quarter One (1) Investment Report, as presented by the Investment Officers.

 

                                               END OF CONSENT AGENDA

 

Motion made by Council member Monty Glass, second by Council member Mary K. Fair, to accept the consent agenda as presented by City Council.  Motion passed unanimously.

 

 

 

Regular meeting closes and Public Hearing will begin 7:03 p.m.

 

  1. The City of Seymour will hold a Public hearing regarding the request from Angie Morrow for 201 N. East Street, Lot 13, Block 18, Original Addition, comprised of 0.115 acres. This issuance is for a specific use variance, for a temporary residence, by way of a camper trailer, for 12 months after City Council approval.

 

Lauren Bush spoke regarding this public hearing.  She stated that certified letters had been mailed out to residents around the 200 block of N. East Street.  Returned were 2 for the specific use variance and 2 were against it.  This variance would be for a maximum of 12 months and depending on the progress the Morrow’s made, it could be for less time.

 

Angie Morrow addressed City Council at this time.  She stated that her daughter Haley had married Nick Lemmon and were stationed in San Diego.  On February 1, 2019, they were planning on moving back to Seymour and had purchased an R.V. and possible open an optical business. They would live in the R.V. until they got settled and found a house. Eventually, if they chose to put a business in this location, they would address it at that time.

 

No more questions or comments were made regarding this public hearing.

 

Public Hearing will close and Second Public Hearing to begin

 

  1. The City of Seymour will hold a Public hearing regarding a request from TxDot, to establish a speed zone of 60 MPH, located and described as FM 2582, from MP 3.460 to 3.865, within the City limits of Seymour, Texas.

 

The City of Seymour received a letter of request from Texas Department of Public Transportation, asking that the City consider an ordinance establishing a speed zone of 60 MPH, on Farm Market Road 2582.

 

The proper procedures were taken by the City of Seymour and a Public Hearing Notice was placed in the BANNER informing citizens of the public hearing, that was to be held on January 17, 2019, and council action followed during the meeting.

 

No one spoke for or against this public hearing

 

Public hearings close and Regular meeting will resume

 

  1. Discuss, consider and take action regarding a specific use variance request from Angie Morrow, for 201 N. East Street.

 

Motion made by Council member Monty Glass, second by Council member Mary K. Fair, to allow a specific use variance to Angie Morrow at 201 N. East Street.  Motion passed unanimously.

 

  1. Discuss, consider and take action to approve Ordinance No. 2019-01, establishing a speed zone change at FM 2582, within the City limits of Seymour, Texas, per request from TxDot.

 

Motion made by Council member Paula K. Vaden, second by Council member Les Hons, to approve Ordinance No. 2019-01, as per TxDot request to change speed zone from 35 mph to 60 mph.  Motion passed unanimously.

 

  1. Discuss, consider, and take action to approve or deny the appeal request from Tabatha Lane, regarding a variance for the Subdivision of Lot 3, Block T, of the Miller Addition, comprised of .482 acres, located and known as 508 S. Oak Street.

 

City Attorney Jonathan Whitsitt addressed MPT Hrncirik and City Council. Mr. Whitsitt stated that back in December, at a Special Called Meeting, City Council passed a variance request from Tabatha Lane, for her property located at 508 S. Oak Street. There was a procedural defect of the variance process.  One neighbor had not been contacted and did not receive a letter. It was a small mistake.  His opinion is that if the City makes a mistake of a procedural defect, no matter how slight it is we should fix the problem.  Mr. Whitsitt adviced for us to start the process over again. He stated we should waive the appeal process and the 180 day delay. Mr. Whitsiss stated that City Council doesn’t have to, but, if the City makes a mistake no matter how small, the City should fix it.

 

  1. Approve General Election Orders for Saturday, May 4, 2019, for the City of Seymour, Mayoral position, Council place #2 and Council place #4, for a two year term.

 

Motion made by Council member Mary K. Fair, second by Council member Monty Glass, to approve the General Election Order for the City of Seymour, May 4, 2019.  Motion passed unanimously.

 

  1. Discuss, consider and approve Resolution No. 1477, appointing Judges and Clerks for the City of Seymour General Election for Saturday, May 4, 2019.

 

Motion made by Council member Paula K. Vaden, second by Council member Monty Glass, to approve Resolution No. 1477, appointing judges and clerks for the May 4, 2019 Election.

Motion passed unanimously.

 

  1. Discuss, consider and take action to retain the firm of Jacob and Martin, Inc., for the City of Seymour Fiscal Year 2019.

 

Motion made by Council member Les Hons, second by Council member Paula K. Vaden, to accept the retainer agreement between the City of Seymour and Jacob and Martin for Fiscal Year 2019.   Motion passed unanimously.

 

  1. Discuss and approve the City of Seymour account payable bills paid in December of 2018.

 

Motion made by Council member Mary K. Fair, second by Council member Les Hons, to approve bills paid in the month of December, 2018.  Motion passed unanimously.

  1. 11. Discuss and review the City of Seymour Water Well Report as received from Jason Bench, R.O. Plant Supervisor.

 

Steve Biedermann, City Administrator explained that the wells continue to go upward and are in good standing right now. No action was taken on this agenda item.

 

  1. Discuss, consider and take action regarding Digital Code option with Kirk Franklin Legal Publishing.

 

City Secretary explained that she and Lauren Bush have been working together on this project.  Kirk Franklin if approved would be the host for the Digital Code for the City of Seymour.

 

Motion made by Council member Les Hons, second by Council member Monty Glass, to allow Kirk Franklin to proceed with digital project.  Motion passed unanimously.

Regular Meeting closes and Executive Session will begin

 

  1. An Executive Session (closed to the public) pursuant to Chapter 551 of the Texas Local Government Code under Section §551.071: Consultation with City Attorney regarding Shopko contract.

 

Executive Session closes and Regular Meeting resumes

 

  1. Discuss and take action resulting from deliberation during Executive session.

 

Motion made by Council member Les Hons, second by Council member Paula K. Vaden, to

allow City Attorney Jonathan Whitsitt to write a letter of termination on our tax abatement, regarding SHOPKO, due to default.  Motion passed unanimously.

 

  1. Adjournment at 7:31 p.m., by Council member Paula K. Vaden, second by Council member Monty Glass. Motion passed unanimously.

 

PASSED AND APPROVED ON THIS THE 21ST DAY OF FEBRUARY, 2019.

 

Mayor Pro-Tem Jon Hrncirik

 

ATTEST:

 

City Secretary, Conchita Torrez, TRMC