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EVERMAN CITY COUNCIL REGULAR MEETING

Regular Meeting

Everman, TX · August 16, 2022

AgendaPacketMinutes

Minutes

EVERMAN CITY COUNCIL REGULAR MEETING Tuesday, August 16, 2022 at 6:30 PM 212 North Race Street Everman, TX 76140 MINUTES 1. MEETING CALLED TO ORDER Mayor called meeting to order at 6:30pm. 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA A. Special Meeting July 5, 2022 Special Meeting July 11, 2022 Regular Meeting July 19, 2022 Motion made by Place 4; Mayor Pro-Tem Mackey, Seconded by Place 6 Davila. Voting Yea: Place 1 Sanders, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. 5. PRESENTATIONS A. Everman Fire Department - New Tanker 19 Council went out to look at the Fire Truck at the end of the meeting. 6. CITIZEN’S COMMENTS No citizens present. 7. DISCUSSION ITEMS A. Senior Citizen Advisory Board - Councilwoman Johnnie Allen Johnnie has been approached by several Seniors and thinks it is a very good idea to have a Senior Citizen Group. This would be a great opportunity to get them out the house and involved. This would be an Senior Advisory Board that Johnnie would like to see. This would include games, dances, dominos, knitting, yoga and ect.. Board would allow the council to set mechanisms to be in control of the Board. The group would mean that they would run the group themselves. Craig recommends to council to find someone to lead the group or Board. We would need to create the Board with an Ordinance and also By-laws put into place. Craig stated that to get the word about the creation of this group it would be great to hold an event to get the interest out there. National Night Out is the next Event for the city and it would be great to get a booth set up for the Senior Citizens group. The council would like to run this booth and spike some interest for this group. Between now and October we will see what interest we get and if we do get a lot of interest we will then see what council would like to do as far as creating a Board or Group. B. National Night Out - 2022 Craig stated that we have not been able to have this event in a couple of years and we are excited to announce that we are holding this event this year. This is a 3 hour Event on October 4, 2022. This will be held at the Civic Center in the West parking lot. We will cancel the Regular meeting for that month to allow council to be at this event. This is a great way to get the community together and have some fun and standing against crime. We will utilize Public Works this year for this event as well and the Everman Baseball association will be supplying the food free for all citizens at this event. There will be vendors out there also. We did also coordinate a helicopter as well for this event. We can't wait for this event. Council also added they need to get some information to hand out or things to give away at this event. They will look into that. C. Update - City of Fort Worth Zoning Change Application - CZ-22-102 Craig stated that he did handout at the last Special meeting the concept and plans for this for them to review and the letter he submitted to them as well for the opposition since he could not attend in person. Chief Landon Whatley did attend in his place and he did a great job at presenting our points and concerns. Craig explained that for some reason their staff changed their recommendation from denial to approval and sighted in their report that it is because of the higher end style of manufactured homes that they plan to utilize. That is their justification to changing that to approval. They say that these homes appreciate in value and our argument is that they depreciate in value. Mackey stated that they just need to look at the mobile home parks around there so they can see what they will really look like down the line. Craig stated that we continue to make these arguments and also for the flooding. Craig stated that he will be at the next council meeting in Fort Worth September 13th at 6pm still speaking in opposition and this is the final step so if they approve this, it is done. They still will not entertain the idea of a changing to a Plan Development at this time either. Craig will keep council in the loop on what is going on with this but he would like them to voice their opinion by getting in touch with the persons to do so and Craig will send them those contacts. D. Review and Discuss the Everman City Council Policies and Procedures This document was provided at the last meeting for them to look over and review. Craig has opened the discussion for council to discuss and review. All consultants are approved by council. The section for Work Sessions, we do not have those but we do want to keep it just in case we may need to. Page 25, correction made on this page. Page 17, this changed to 2 council members must want the item on the agenda to get submitted and approved. This is up to council so they can change this if they want to. This provides a checks and balance in this process. Everyone has a fair chance to get something on the agenda. The council would like to change the deadline to put anything on the agenda to the Tuesday before, a week in advance by noon that day to get an item on the agenda. The TML training is the training that they will only allow places 1,3,5 and then the next year would be for places 2, 4, Mayor, and 6. The rest of the training would be up to council and what they allow to be allocated to these trainings. Anyone can go to the Region 8 Dinners and this would be up to the amount allocated for this. Reimbursements for the council is not lined in this policy so this would need to be updated since it does say thirty days of the request to get reimbursed. Thirty days is fine with council. This will be added under 10.3 section. No more questions or discussion and this will come back to council for approval. 8. CONSIDERATION AND POSSIBLE ACTION A. Approve Ordinance #785 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EVERMAN, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2022 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 ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE 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 LEGAL COUNSEL. Motion made by Place 5 Sellers, Seconded by Place 6 Davila. Voting Yea: Place 1 Sanders, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. B. Approve Ordinance #786 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS AMENDING CHAPTER 14, “PARKS AND RECREATION;” PROVIDING REGULATIONS RELATED TO SPORTS FIELDS OWNED BY THE CITY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Motion made by Place 4; Mayor Pro-Tem Mackey, Seconded by Place 5 Sellers. Mayor Pro- Tem made an ame Voting Yea: Place 1 Sanders, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson C. Approve Ordinance #787 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS AMENDING APPENDIX A “FEE SCHEDULE” OF THE EVERMAN CODE OF ORDINANCES; PROVIDING FOR FEES RELATED TO RENTAL OF CITY-OWNED SPORTS FIELDS INCLUDING CONCESSIONS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Motion made by Place 4; Mayor Pro-Tem Mackey, Seconded by Place 1 Sanders. Voting Yea: Place 1 Sanders, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. 9. EXECUTIVE SESSION A. Section 551.074 - Personnel Matters - Past performance, review and evaluation of the City Manager Mayor opened Executive Session at 7:18pm. Mayor closed Executive Session at 7:27pm. Motion made by Place 4; Mayor Pro-Tem Mackey, to approve the contract as discussed Seconded by Place 5 Sellers. Voting Yea: Place 1 Sanders, Place 3 Allen, Place 4; Mayor Pro-Tem Mackey, Place 5 Sellers, Place 6 Davila, Mayor Richardson Motion Carried. 10. CITY MANAGERS REPORT Craig had nothing to report. 11. MAYOR’S REPORT Mayor stated that he sits on the Emergency Preparedness planning Council Committee with Cog and they have asked him to be the Vice Chair and this is a four year commitment, two years of Vice chair then he moves up to the Chair position which covers 26 counties. This requires more meetings, but the good thing about this Mayor stated that they will cover the Emergency Management Conference in San Antonio, the Homeland Security Conference also, and he can bring this additional training back here at their expense. Mayor accepted the position. 12. ADJOURN Mayor adjourned meeting at 7:28pm and the council went out to review the new Fire Truck and will adjourn from there. I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday August 12, 2022. /s/ Mindi Parks City Secretary Citizens may watch city council meetings live on YouTube. A link to the City of Everman YouTube channel is provided on the city website at: www.evermantx.us/government/citycouncil/ Pursuant to Section 551.071, Chapter 551 of the Texas Government Code, Council reserves the right to convene into Executive Session(s) from time to time as deemed necessary during this meeting, to receive advice from its attorney on any posted agenda item, as permitted by Law. Additionally, Council may convene into Executive Session to discuss the following: A. Section 551.071 - Pending or Contemplated Litigation or to Seek Advice of the City Attorney. B. Section 551.072 - Purchase, Sale, Exchange, Lease, or Value of Real Property. C. Section 551.073 - Deliberation Regarding Prospective Gift. D. Section 551.074 - Personnel Matters. E. Section 551.087- Deliberation Regarding Economic Development Negotiations. F. Section 551.089 - Deliberations Regarding Security Devices or Security Audits. Citizens wishing to submit written comments should e-mail the City Secretary at mparks@evermantx.net. Comments that are received at least one-hour prior to the start of the meeting will be provided to all council members. According to the City of Everman Policy on Governance Process, individual citizen comments will be restricted to three (3) minutes unless otherwise determined by a majority vote of the Council. The mayor is responsible to enforce the time limit. Citizens may address City Council either during the Citizen Comments portion of the meeting or during deliberation of a listed agenda item. City Council is only permitted by Law to discuss items that are listed on the agenda. Citizens wishing to make comments should notify the City Secretary as soon as possible. City Hall is wheelchair accessible. Parking spaces for disabled citizens are available. Requests for sign interpretative services must be made 48 hours prior to the meeting. To make arrangements, call 817.293.0525 or TDD 1.800.RELAY TX, 1.800.735.2989.

Agenda

EVERMAN CITY COUNCIL REGULAR MEETING Tuesday, August 16, 2022 at 6:30 PM 212 North Race Street Everman, TX 76140 AGENDA 1. MEETING CALLED TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. CONSENT AGENDA A. Special Meeting July 5, 2022 Special Meeting July 11, 2022 Regular Meeting July 19, 2022 5. PRESENTATIONS A. Everman Fire Department - New Tanker 19 6. CITIZEN’S COMMENTS 7. DISCUSSION ITEMS A. Senior Citizen Advisory Board - Councilwoman Johnnie Allen B. National Night Out - 2022 C. Update - City of Fort Worth Zoning Change Application - CZ-22-102 D. Review and Discuss the Everman City Council Policies and Procedures 8. CONSIDERATION AND POSSIBLE ACTION A. Approve Ordinance #785 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EVERMAN, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2022 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 ATTACHMENT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE 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 LEGAL COUNSEL. B. Approve Ordinance #786 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS AMENDING CHAPTER 14, “PARKS AND RECREATION;” PROVIDING REGULATIONS RELATED TO SPORTS FIELDS OWNED BY THE CITY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. C. Approve Ordinance #787 - AN ORDINANCE OF THE CITY OF EVERMAN, TEXAS AMENDING APPENDIX A “FEE SCHEDULE” OF THE EVERMAN CODE OF ORDINANCES; PROVIDING FOR FEES RELATED TO RENTAL OF CITY-OWNED SPORTS FIELDS INCLUDING CONCESSIONS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. 9. EXECUTIVE SESSION A. Section 551.074 - Personnel Matters - Past performance, review and evaluation of the City Manager 10. CITY MANAGERS REPORT 11. MAYOR’S REPORT 12. ADJOURN I hereby certify that this agenda was posted on the City of Everman bulletin board at or before 5:00 p.m. on Friday August 12, 2022. /s/ Mindi Parks City Secretary Citizens may watch city council meetings live on YouTube. A link to the City of Everman YouTube channel is provided on the city website at: www.evermantx.us/government/citycouncil/ Pursuant to Section 551.071, Chapter 551 of the Texas Government Code, Council reserves the right to convene into Executive Session(s) from time to time as deemed necessary during this meeting, to receive advice from its attorney on any posted agenda item, as permitted by Law. Additionally, Council may convene into Executive Session to discuss the following: A. Section 551.071 - Pending or Contemplated Litigation or to Seek Advice of the City Attorney. B. Section 551.072 - Purchase, Sale, Exchange, Lease, or Value of Real Property. C. Section 551.073 - Deliberation Regarding Prospective Gift. D. Section 551.074 - Personnel Matters. E. Section 551.087- Deliberation Regarding Economic Development Negotiations. F. Section 551.089 - Deliberations Regarding Security Devices or Security Audits. Citizens wishing to submit written comments should e-mail the City Secretary at mparks@evermantx.net. Comments that are received at least one-hour prior to the start of the meeting will be provided to all council members. According to the City of Everman Policy on Governance Process, individual citizen comments will be restricted to three (3) minutes unless otherwise determined by a majority vote of the Council. The mayor is responsible to enforce the time limit. Citizens may address City Council either during the Citizen Comments portion of the meeting or during deliberation of a listed agenda item. City Council is only permitted by Law to discuss items that are listed on the agenda. Citizens wishing to make comments should notify the City Secretary as soon as possible. City Hall is wheelchair accessible. Parking spaces for disabled citizens are available. Requests for sign interpretative services must be made 48 hours prior to the meeting. To make arrangements, call 817.293.0525 or TDD 1.800.RELAY TX, 1.800.735.2989.

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