MINUTES OF THE SPECIAL CITY COUNCIL MEETING JANUARY 23, 2017

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1 MINUTES OF THE SPECIAL CITY COUNCIL MEETING JANUARY 23, CALL TO ORDER AND CONFIRM A QUORUM Mayor Megyesi called the meeting of the Fate City Council to order at 6:00 p.m. on the 23 rd day of January, 2017, in the Fate Community Center 104 South W. E. Crawford, Fate, Texas. City Secretary Victoria Raduechel confirmed the presence of a quorum. Council Members Present: Lorne Megyesi, Mayor Nikki Robinson Lance Megyesi Jon Thatcher, Mayor Pro Tem Joe Burger, Deputy Mayor Pro Tem (arrived at 6:15 P.M.) David Billings Steve Herrmann Council Members Absent: None City Staff Present: Michael Kovacs, City Manager Justin Weiss, Assistant City Manager Victoria Raduechel, City Secretary Brian Griffeth, Director of DPS Bobby Clay, Director of Public Works Will Rugeley, Director of Planning and Development Services Li Jen Lee, Finance Director Michael Wright, IT Manager Courtney Kuykendall, Assistant City Attorney 2. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS Brian Griffeth, DPS Director gave the invocation, after which the Council led the Pledge of Allegiance to the American and Texas Flags. Mayor Megyesi made a brief announcement stating this is the last City Council Meeting being held in the Fate Community Center. All future City Council Meetings will be held at the New City Hall.

2 3. PRESENTATION A. Introduction of new Finance Employees Director of Finance Li Jen Lee introduced Senior Accountant Teresa Stevens and Municipal Court Administrator Kimberly Jozwiak. Both Ms. Stevens and Ms. Jozwiak made a brief introduction to the Council. 4. CITIZEN COMMENTS This item provides the opportunity for citizens to address the City Council on any matter whether or not it s posted on the agenda. However, in accordance with the Texas Open Meetings Act, Section , the Council cannot discuss, deliberate, or take action on matters not listed on the agenda. At this time the Council will receive citizen comments, and if necessary, may refer the matter to City staff for research, resolution or referral to Council on a future agenda. As described in the City s Public Meeting Procedures, comments will be limited to three (3) minutes and the City Secretary is directed to use a timer for such purposes. There were no citizens present wishing to speak. 5. CONSENT AGENDA A. Approval of Minutes of the Council Meeting held January 9, B. Approval of Financial Report - December C. Approval of Quarterly Investment Report for the quarters ending December 31, D. Approval of Resolution No. R accepting a dedication deed from Fate I- 30 Commercial LP, for acres of land and authorizing the Mayor to execute a dedication deed on behalf of the City. E. Approval of Resolution No. R approving an Interlocal Agreement between the City of Fate and STAR TRANSIT for public and elderly transportation services within the city; authorizing the City Manager to execute the agreement and providing an effective date. Council Member Herrmann reported an error in the proposed minutes. Section 5A should say the Applicant was not present. Council Member Thatcher made a motion to approve the consent agenda, with correction to the minutes.

3 Council Member Billings seconded the motion. Ayes: Mayor Megyesi and Council Members Robinson, Megyesi, Thatcher, Billings and Herrmann. Nays: None Mayor Megyesi declared the motion carried unanimously. 6. ACTION ITEMS A. Discuss, consider, and take any necessary action regarding a special sign permit request - authorizing the construction of signage with electronic changeable copy on property located at 813 Hwy 66. Applicant: First Baptist Church. City Secretary s Note Council Member Burger arrived at the meeting at 6:15 p.m. Director of Planning and Development Services Will Rugeley provided an overview of the special sign permit request to install a 40 sq. ft., 10 8 high monument sign with electronic changeable copy (approximately 16 sq. ft. of the 40 sq. ft.) in order to take advantage of a sign improvement grant that will expire in March. Mr. Rugeley reported staff recommendation is conditional approval subject to (1) changeable copy of sign shall not occur at intervals less than 15 seconds. First Baptist Church Pastor Dr. Glenn Cook spoke to the Council asking them to consider the special sign permit request. First Baptist Church Deacon Jerry Beers assisted Pastor Cook with answering questions from the Council regarding the proposed sign. Council Member Robinson made a motion to conditionally approve the special sign permit subject to (1) changeable copy of sign shall not occur at intervals less than 15 seconds. Council Member Billings seconded the motion. Ayes: Mayor Megyesi and Council Members Robinson, Megyesi, Thatcher, Burger, Billings and Herrmann. Nays: None Mayor Megyesi declared the motion carried unanimously.

4 B. Discuss, consider, and take any necessary action regarding an exception to the Williamsburg zoning ordinance - authorizing monument signage in certain locations not otherwise permitted. Applicant: DR Horton Homes Texas LTD. Director of Planning and Development Services Will Rugeley provided an overview of the exception request to install 7 4 monument columns containing the Williamsburg logo within the medians designated as Lots 3X, 4X, and 5X of Phase 1B2. Mr. Rugeley reported staff recommendation is conditional approval subject to (1) applicant entering into a license agreement requiring that the applicant purchase and maintain liability insurance. Mr. Rugeley answered questions from the Council regarding the exception request. Council Member Billings made a motion to approve the exception to the Williamsburg Zoning Ordinance authorizing monument signage in certain locations not otherwise permitted. Secretary Raduechel advised staff recommendation was for conditional approval subject to (1) applicant entering into a license agreement requiring that the applicant purchase and maintain liability insurance. Council Member Billings amended his motion to conditionally approve the exception to the Williamsburg Zoning Ordinance authorizing monument signage in certain location not otherwise permitted, subject to (1) applicant entering into a license agreement requiring that the applicant purchase and maintain liability insurance. Council Member Burger seconded the motion. Ayes: Mayor Megyesi and Council Members Robinson, Megyesi, Burger, Billings and Herrmann. Nays: Council Member Thatcher Mayor Megyesi declared the motion carried. C. Discuss, consider, and take any necessary action regarding Resolution No. R approving a Chapter 380 Grant Agreement with Bloomfield Homes, L.P.; finding that such agreement and grant constitutes a program to make grants and loans of public money pursuant to Section of the Texas Local Government Code to promote economic development and to stimulate business and commercial activity within the City; authorizing the City Manager to execute the agreement and providing an effective date.

5 Assistant City Manager Justin Weiss provided an overview of the Chapter 380 Grant Agreement with Bloomfield Homes, L.P. City Manager Michael Kovacs and Assistant City Manager Justin Weiss answered questions from the Council regarding the 380 Agreement. Doug Duffy, CPA was present on behalf of Bloomfield Homes, L.P. and answered questions from the Council regarding the 380 Agreement. Discussion ensued among the Council regarding the proposed 380 Agreement. Council Member Herrmann made a motion to approve Resolution No. R-1257, as presented. Council Member Thatcher seconded the motion. Ayes: Mayor Megyesi and Council Members Robinson, Megyesi, Thatcher, Burger, and Herrmann. Nays: Council Member Billings Mayor Megyesi declared the motion carried. D. Discuss, consider, and take any necessary action regarding scheduling a Council Retreat City Manager Michael Kovacs explained the Council usually has a retreat to work together on initiatives, goals, and team building. Mr. Kovacs suggested March 25, 2017 as the tentative date for the Council Retreat and asked for feedback from the Council. Discussion ensued among the Council and the consensus was the Council Retreat will be held March 25, 2017 at 9:00 am at City Hall. 7. MAYOR, COUNCIL, AND CITY MANAGER REPORTS Regarding items of Community Interest Pursuant to Texas Government Code Section the Mayor, Council and City Manager may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming City Council events; (5) information about community events; (6) announcements involving imminent threat to public health and safety.

6 A. Mayor's Report Mayor Megyesi reported this is the last City Council Meeting in the Community Center. Mayor Megyesi announced the City Hall Grand Opening Ceremony will be held February 4, 2017 at 11:00 am. B. Council Reports Council Member Thatcher reported Rockwall County Judge David Sweet left the City Council Meeting before he could recognize him. Mr. Thatcher stated it was good to see the County Judge in the audience during the Council meeting. C. City Manager's Report City Manager Michael Kovacs announced the following upcoming meetings: City Council Meeting February 6, 2017 at 6:00 p.m. at the New City Hall. 8. EXECUTIVE SESSION: IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION , ET SEQ., THE CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION (CLOSED MEETING) TO DISCUSS THE FOLLOWING: A. In accordance with Texas Government Code, Section , consultation with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: 1. To receive legal advice regarding Montarra Development B. In accordance with Texas Government Code, Section , to discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Fate and with which the City is conducting economic development negotiations; and to deliberate the offer of a financial or other incentive to the business prospect: 1. Mixed Use Development Project located at the northwest corner of FM 551 and Interstate Mixed Use Development Project located at the northeast, southeast, and southwest corners of FM 551 and Interstate 30. The items were read and Mayor Megyesi recessed the meeting at 7:10 p.m. and convened Executive Session at 7:15 p.m.

7 9. RECONVENE INTO REGULAR SESSION: IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, THE CITY COUNCIL WILL RECONVENE INTO REGULAR SESSION TO CONSIDER ACTION, IF ANY, ON MATTERS DISCUSSED IN EXECUTIVE SESSION The Executive Session was adjourned at 8:14 p.m. and Mayor Megyesi reconvened the meeting of the City Council at 8:20 p.m. Action taken on items discussed in Executive Session was as follows: 8A. In accordance with Texas Government Code, Section , consultation with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: 1. To receive legal advice regarding Montarra Development There was no action taken on this item. 8B. In accordance with Texas Government Code, Section , to discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Fate and with which the City is conducting economic development negotiations; and to deliberate the offer of a financial or other incentive to the business prospect: 1. Mixed Use Development Project located at the northwest corner of FM 551 and Interstate 30. There was no action taken on this item. 2. Mixed Use Development Project located at the northeast, southeast, and southwest corners of FM 551 and Interstate 30. There was no action taken on this item. 10. ADJOURNMENT There was no further business before the Council and Council Member Herrmann moved to adjourn. Council Member Burger seconded the motion. Ayes: Mayor Megyesi and Council Members Robinson, Megyesi, Thatcher, Burger, Billings and Herrmann. Nays: None

8 Mayor Megyesi declared the motion carried unanimously and the meeting adjourned at 8:25 p.m. APPROVED BY THE CITY COUNCIL ON THIS THE 6 th DAY OF FEBRUARY, APPROVED: ATTEST: Victoria Raduechel, City Secretary Lorne Megyesi, Mayor