City Council City of Gun Barrel City, Texas Agenda Item # 1.A

NOTICE OF MEETING OF THE GUN BARREL CITY CITY COUNCIL 1716 W. MAIN STREET GUN BARREL CITY, TX 75156

The City Council of the City of Gun Barrel City, Texas will meet in a Special Meeting, in City Hall, Council Chambers, located at 1716 W. Main Street Gun Barrel City, TX 75156, on Monday, March 8, 2021, at 4:00 pm.

Call to Order Roll Call & Quorum

Citizens Comments (Limited to three minutes) The purpose of this item is to allow citizens an opportunity to address the City Council on items that are listed on the agenda, or issues that are not listed on the agenda. Any person desiring to make a public comment must first be recognized by the presiding officer, and sign in at the podium with their name and address at least 10 minutes prior to the start of the meeting. Individual citizen comments are limited to three minutes. The presiding officer may ask the citizen to hold their comment on an agenda item until that agenda item is reached. The City Council has no obligation to respond in any manner to comments or questions from the public. Any response from a member of the City Council to non -agenda comments is limited to a statement of specific factual information, a recitation of existing policy, or direction to staff for follow up.

1. Planning and Zoning

1.A Public hearing for a request to replat Lot 1 in the B. Medro Survey A-483 being 22.18 acres, belonging to Lodge GBC Holdings, LLC. physically located at 155 Dunaway Avenue, Gun Barrel City, Texas into three lots, Lot 1, Lot 2 and Lot 3. (City Manager) Public Hearing Notice

1.B Discuss and/or take action to approve the replatting of Lot 1 in the B. Medro Survey A- 483 being 22.18 acres, belonging to Lodge GBC Holdings, LLC. physically located at 155 Dunaway Avenue, Gun Barrel City, Texas into three lots, Lot 1, Lot 2 and Lot 3. (City Manager) Lodge Replat Application Final Plat

1.C Public Hearing for a request to replat lots 369, 441 and 442 in the Loon Bay subdivision, belonging to Jerry Morris, physically located at 171 Sunset Bay Drive Gun Barrel City, Texas into one lot, Lot 369-R. (Mayor)

1.D Discuss and/or take action to approve the replatting of lots 369, 441 and 442 in the Loon Bay subdivision, belonging to Jerry Morris, physically located at 171 Sunset Bay Drive Gun Barrel City, Texas into one lot, Lot 369-R. (City Manager) Morris Replat Application Morris Final Replat

1.E Public Hearing for a request from Gun Barrel Development to approve a preliminary plat for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown

CITY COUNCIL MEETING 03-08-2021 1 1

Survey, Abstract No. 59, to be physically located South of Cody Austin Road between Luther Lane and Texas State Highway 198, Gun Barrel City, Texas. (Mayor)

1.F Discuss and/or take action to approve a preliminary plat for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown Survey, Abstract No. 59, to be physically located South of Cody Austin Road between Luther Lane and Texas State Highway 198, Gun Barrel City, Texas. (City Manager) Mundo Final Compliance E-mail Final Compliance Review Preliminary Final

1.G Public Hearing for a request from Gun Barrel Development for a site plan for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown Survey, Abstract No. 59, to be physically located South of Cody Austin Road between Luther Lane and State Texas Highway 198, Gun Barrel City, Texas. (Mayor)

1.H Discuss and/or take action to consider approving a site plan for Murphy Estates, Phase 1, to be located South of Cody Austin Road between Luther Lane and Texas State Highway 198, Gun Barrel City, Texas. (City Manager) Site Plan

2. New Business

2.A Discuss and/or take action to consider adopting Resolution No. R-2021-007 selecting an engineer for the City’s 2021-2022 Texas Department of Agriculture, Texas Community Development Block Grant (TxCDBG) to provide application assistance and project implementation, if awarded. (City Manager) Resolution No. R-2021-007

2.B Discuss and/or take action to approve an interlocal agreement with Henderson County to conduct the May 1, 2021, Gun Barrel City General Election. (City Manager) Interlocal agreement

2.C Public Hearing to consider Mr. Kennith Foster's continued services on the Gun Barrel City Economic Development Corporation Board of Directors in accordance with Section 8.01 (2) of the Gun Barrel City Home Rule Charter. (Mayor) Kennith Foster Original Letter Kennith Foster Certified Letter and Response

2.D Discuss and/or take action to consider Kennith Foster's continued services on the Gun Barrel City Economic Development Corporation Board of Directors. (Mayor)

2.E Discuss and/or take action on items previously approved in the 2020/2021 FY budget. (City Manager)

3. Executive Session

CITY COUNCIL MEETING 03-08-2021 2 2

3.A Convene into Executive Session Pursuant to Texas Government Code: Section 551.074 to discuss the performance evaluation and duties of the Economic Development Corporation Executive Director. (Mayor) Pursuant to Texas Government Code: Section 551.074 to discuss the duties of the following employees and Municipal officers relative to the Economic Development Corporation, City Council and other Municipal Boards: 1. Mayor, 2. Council Members, 3. City Manager. (Rankin) Pursuant to Texas Government Code: Section 551.071 to receive legal advice regarding

legal aspects of Resolution No. R-2018-009. (Rankin)

3.B Reconvene into open session to take any action necessary as a result of the executive session.

Adjournment

The Gun Barrel City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), or 551.087 (Economic Development Matters).

Note: Mayor and Council Reports on Items of Community Interest – Pursuant to Texas Government Code Sections 551.0415 the City Council 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.

Note: A quorum of the full Economic Development Board may attend the meeting of the City Council, a committee of that body, or any other city advisory board. For example, a quorum of the Gun Barrel City Economic Development Board may attend a council committee meeting, a committee of that body, or any other city advisory board meeting.

Attest: Approved:

______Janet Dillard, City Secretary J. David Skains, Mayor

I certify that this Notice of Meeting was posted in a glass-enclosed case in front of City Hall at 1716 West Main Street, Gun Barrel City, Texas, and available for viewing by the public 72 hours prior to the meeting date and time above, as well as at the City’s website at www.gunbarrelcity.net.

______Janet Dillard, City Secretary

This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary Office at (903) 887-1087 for further information.

CITY COUNCIL MEETING 03-08-2021 3 3

CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.A

MEETING DATE: March 8, 2021

SUBJECT: Public Hearing

ACTION ITEM: Public hearing for a request to replat Lot 1 in the B. Medro Survey A-483 being 22.18 acres, belonging to Lodge GBC Holdings, LLC. physically located at 155 Dunaway Avenue, Gun Barrel City, Texas into three lots, Lot 1, Lot 2 and Lot 3. (City Manager)

BACKGROUND: Attached to this RFA is a public hearing notice schedule. This item appeared before the Planning and Zoning Commission on March 8, 2021. Since the P&Z and City Council Meetings fall on the same date, staff will be available to share comments and/or the recommendation made from the Commission.

Public Hearing Notice

PUBLIC HEARING NOTICE SCHEDULE

02/26/21 Public hearing notice sent to paper (The Monitor).

03/04/21 Public hearing notice published.

03/08/21 P&Z Meeting

03/08/21 Special City Council Meeting – Public Hearing

PUBLIC NOTICE

The Gun Barrel City Planning and Zoning Commission and the Gun Barrel City Council will hold public hearings on Monday, February 8, 2021 at 3pm (Virtually) and 4pm in City Hall, located at 1716 West Main Street, Gun Barrel City, Texas, to discuss

1) a request from Gun Barrel Development to approve a preliminary plat and site plan for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown Survey, Abstract No. 59, to be physically located south of Cody Austin Road between Luther Lane and Highway No. 198; and

2) replatting of lots 369, 441 and 442 in the Loon Bay subdivision, belonging to Jerry Morris, physically located at 171 Sunset Bay Drive into one lot, Lot 369-R.; and

3) replatting of Lot 1 in the B. Medro Survey A-483 being 22.18 acres, belonging to Lodge GBC Holdings, LLC. physically located at 155 Dunaway Gun Barrel City, Texas into three lots, Lot 1, Lot 2 and Lot 3.

5 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.B

MEETING DATE: March 8, 2021

SUBJECT: Replat

ACTION ITEM: Discuss and/or take action to approve the replatting of Lot 1 in the B. Medro Survey A-483 being 22.18 acres, belonging to Lodge GBC Holdings, LLC. physically located at 155 Dunaway Avenue, Gun Barrel City, Texas into three lots, Lot 1, Lot 2 and Lot 3. (City Manager)

BACKGROUND:

Staff has reviewed the plat and determined it meets all the criteria of our zoning ordinance.

Tex. Loc. Gov. Code section 212.005, requires the Council to approve a plat if the plat meets all the criteria of the ordinance. In such a case, the Council has no discretion and must approve the plat. A Council cannot deny a plat based on concerns regarding future land use. Approval of a plat is very narrow in scope - Does it meet or fail to meet the criteria of the plat requirements found in the city's ordinance. Any future development of the land in question would be controlled by the city's various development standards, but that is a separate issue from the plat approval process.

Lodge Replat Application

Final Plat

6 CITY OF GUN BARREL CITY PLAT SUBMITTAL APPLICATION

______Fee: All Plat Submissions - $250.00

APPLICATION SUBMITTAL: Applications will be conditionally accepted on the presumption that the information, materials and signatures are complete and accurate. Applicants are responsible for submitting complete applications. Incomplete applications will result in the application being rejected for acceptance or lengthen the review/approval process.

Submittal Type: _____Preliminary Plat _____Final Plat _____Replat _____Other

Location of property to be platted: _____ Within City Limits _____ Extended Territorial Jurisdiction (ETJ)

Name of Owner/Applicant: ______Lodge GBC Holdings, LLC______/ David Williams (applicant) ______

Mailing Address: ______300 CR 1048, Mt Pleasant, TX______75455 (owner)______

Contact Name: ______Phone:David Williams (_903_____) ______838-8533 ______

Email: [email protected]______(Correspondence will be through e-mail)

Property Address: ______155 Dunaway ______

Subdivision Name: ______The Lodge GBC ______Lot(s) to be platted: ______3

Zoning District: ______Multi-Family One (MF-1)

Existing use of property (empty lot, home with storage unit, etc.):______empty lot ______

______

Purpose of Replat (Split lots to sell, put storage unit on empty lot, etc.): ______Subdivide 22.18 ______acres for assisted

______living facility and future development that is unknown at this time.

I agree to comply with all platting requirements of the City of Gun Barrel City and understand that the plat will not be administratively approved or forwarded to the Planning and Zoning Commission (P&Z) for consideration until all plat requirements have been submitted.

Signature of Applicant ______Date: ______2/26/2021 ______

The P&Z meets on the second Monday of the month at 3:00 pm. The City Council meets on the fourth Tuesday of the month at 6:30 pm. There are occasional exceptions to the schedule.

Please note: Members of the Planning and Zoning Commission will be making onsite visits to verify conformity to zoning regulations.

For Department Use Only

Date Received/Reviewed: ______Acce pted by: ______

Admin Notes: ______

City of Gun Barrel City, Texas 1716 W. Main Street l Phone (903)-887-1087 l Fax (903) 887-6666 l www.gunbarrelcity.net 7 CITY OF GUN BARREL CITY PLAT SUBMITTAL APPLICATION

Check List Submission Requirements:

Completed/Submitted Application

Filing Fee Paid ($250.00)

Digital .pdf file of Preliminary survey and Final Survey with Surveyor official stamp. (Sent from Survey Company to City Secretary – Janet Dillard at [email protected])

4 - (19” x 24”) Survey Prints (For Filing) (These must be notarized, we can take care of this, free of charge, for you)

Note: All residential plats will require notification to property owners within the original subdivision, within 200 feet of the lot being platted, after approval. (City staff will complete this process)

Two public meetings will be scheduled in order to receive, review and take action on plat requests. The Planning and Zoning Commission will forward recommendations to the City Council who will have the final decision in approving plats.

City of Gun Barrel City, Texas 1716 W. Main Street l Phone (903)-887-1087 l Fax (903) 887-6666 l www.gunbarrelcity.net 8 9 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.C

MEETING DATE: March 8, 2021

SUBJECT: Public Hearing

ACTION ITEM: Public Hearing for a request to replat lots 369, 441 and 442 in the Loon Bay subdivision, belonging to Jerry Morris, physically located at 171 Sunset Bay Drive Gun Barrel City, Texas into one lot, Lot 369- R. (Mayor)

BACKGROUND: None.

10 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.D

MEETING DATE: March 8, 2021

SUBJECT: Replat

ACTION ITEM: Discuss and/or take action to approve the replatting of lots 369, 441 and 442 in the Loon Bay subdivision, belonging to Jerry Morris, physically located at 171 Sunset Bay Drive Gun Barrel City, Texas into one lot, Lot 369-R. (City Manager)

BACKGROUND:

Staff has reviewed the plat and determined it meets all the criteria of our zoning ordinance.

Morris Replat Application

Morris Final Replat

11 12 13 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.E

MEETING DATE: March 8, 2021

SUBJECT: Public Hearing

ACTION ITEM: Public Hearing for a request from Gun Barrel Development to approve a preliminary plat for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown Survey, Abstract No. 59, to be physically located South of Cody Austin Road between Luther Lane and Texas State Highway 198, Gun Barrel City, Texas. (Mayor)

BACKGROUND: None.

14 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.F

MEETING DATE: March 8, 2021

SUBJECT: Preliminary Plat

ACTION ITEM: Discuss and/or take action to approve a preliminary plat for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown Survey, Abstract No. 59, to be physically located South of Cody Austin Road between Luther Lane and Texas State Highway 198, Gun Barrel City, Texas. (City Manager)

BACKGROUND:

Attached to this RFA is a Preliminary Plat for Murphy Estates, Phase 1. The preliminary plat has been satisfactorily reviewed and accepted by the City's engineering firm as well as staff and proves to be in compliance with our code. This preliminary plat represents Phase 1 of Murphy Estates. Mr. Sam Murphy will be available to represent this project and answer any questions pertaining to the project.

Mundo Final Compliance E-mail

Final Compliance Review

Preliminary Final

15 16 17 18 19 20 21 22 23 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.G

MEETING DATE: March 8, 2021

SUBJECT: Public Hearing

ACTION ITEM: Public Hearing for a request from Gun Barrel Development for a site plan for Murphy Estates, Phase 1, a 13.75 acre tract of land situated in the J. P. Brown Survey, Abstract No. 59, to be physically located South of Cody Austin Road between Luther Lane and State Texas Highway 198, Gun Barrel City, Texas. (Mayor)

BACKGROUND: None.

24 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 1.H

MEETING DATE: March 8, 2021

SUBJECT: Site Plan

ACTION ITEM: Discuss and/or take action to consider approving a site plan for Murphy Estates, Phase 1, to be located South of Cody Austin Road between Luther Lane and Texas State Highway 198, Gun Barrel City, Texas. (City Manager)

BACKGROUND:

An acceptance letter from Mundo and Associates, the City's engineering firm was received by staff in February of 2021. Attached to this RFA is their site plan for your review and recommendation. Mr. Murphy will be available to represent this project and answer any questions.

Site Plan

25 26 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 2.A

MEETING DATE: March 8, 2021

SUBJECT: Resolution R-2021-007

ACTION ITEM: Discuss and/or take action to consider adopting Resolution No. R-2021-007 selecting an engineer for the City’s 2021-2022 Texas Department of Agriculture, Texas Community Development Block Grant (TxCDBG) to provide application assistance and project implementation, if awarded. (City Manager)

BACKGROUND: A public notice and RFQ's were distributed on Thursday, February 25, 2021 with a submission deadline of Monday, March 8, 2021 at noon. Attached is a proposed Resolution however the named firm has been left blank since staff has not yet received any qualification packets. Staff will have this information available the day of the meeting.

Resolution No. R-2021-007

RESOLUTION R-2021-007

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUN BARREL CITY, SELECTING AN ENGINEER IN CONJUNCTION WITH THE SUBMITTAL OF AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF AGRICULTURE, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT.

WHEREAS, certain conditions exist which represent a threat to the public health and safety; and

WHEREAS, it is necessary and in the best interests of City of Gun Barrel City to apply for funding under the Texas Community Development Block Grant Program; and

WHEREAS, the City of Gun Barrel City has sought proposals from engineering firms for Application Preparation and Project Implementation and,

WHEREAS, the City of Gun Barrel City performed these solicitations in compliance with guidance for subrecipients under 2 CFR Part 200.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GUN BARREL CITY, TEXAS, AS FOLLOWS:

SECTION 1. The City Council has reviewed and hereby formally selects the firm of:

______as the engineering firm for application preparation and project implementation in conjunction with a 2021-2022 TxCDBG application.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GUN BARREL CITY, TEXAS, on this 8th day of March 2021.

ATTEST:

______Janet Dillard, City Secretary David Skains, Mayor

RESOLUTION NO. R-2021-007 1

28 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 2.B

MEETING DATE: March 8, 2021

SUBJECT: Interlocal agreement (Henderson County)

ACTION ITEM: Discuss and/or take action to approve an interlocal agreement with Henderson County to conduct the May 1, 2021, Gun Barrel City General Election. (City Manager)

BACKGROUND: Attached to this RFA is an interlocal agreement with Henderson County to conduct our May 1, 2021 General Election for your review and consideration.

Interlocal agreement

29 30 31 32 33 34 35 36 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 2.C

MEETING DATE: March 8, 2021

SUBJECT: Public Hearing

ACTION ITEM: Public Hearing to consider Mr. Kennith Foster's continued services on the Gun Barrel City Economic Development Corporation Board of Directors in accordance with Section 8.01 (2) of the Gun Barrel City Home Rule Charter. (Mayor)

BACKGROUND: Attached to this RFA is a copy of a certified letter sent to Mr. Kennith Foster on February 12, 2021 and received by Mr. Foster February 23rd. A response letter from Mr. Foster was submitted to staff on February 24, 2021 requesting a public hearing per Section 8.01 (2) of the Home Rule Charter.

Section 8.01 AUTHORITY, COMPOSITION AND PROCEDURES.

(2) Individuals who are qualified voters in the City may be appointed by the City Council to serve on one or more boards, commissions or committees. Such appointees shall be subject to removal from office by the City Council for any cause deemed by the City Council sufficient for their removal in the interest of the public service, but only after a public hearing before the City Council on charges publicly made if demanded by such member(s) within ten (10) days after receipt of written notification to the City Secretary by such member(s). Each appointee will be mailed an official statement of intent to remove by the City Council prior to any vote being taken by the City Council on said removal. A simple majority plus one vote of the full City Council is necessary for removal of any appointee to any board, commission or committee. After the vote for removal is made, the City Council shall notify each removed appointee by official statement in writing.

Kennith Foster Original Letter

Kennith Foster Certified Letter and Response

January 20, 2021

Kenneth Foster 410 Bay Court Gun Barrel City, TX 75156

RE: GBC Economic Development Corporation Governance Committee Meeting – December 16, 2020

Dear Mr. Foster:

I am writing in regard to the above-referenced meeting of the EDC Governance Committee attended by myself, Susan Ball, Gail Cooper and yourself. During this meeting, you made the following comment, “You can sleep with the bride before the wedding or sleep with her after the wedding.”

The above-referenced comment was inappropriate in any company; however, it was certainly egregious and offensive in the company of Ms. Ball and Ms. Cooper. As you are aware, the City Council has general oversight of all EDC matters, including Board membership. As the Mayor and presiding officer of the Council, I feel it necessary to bring this unfortunate matter to your attention and ask that you carry yourself in a professional manner at all times while carrying out your functions as a Member of the EDC Board of Directors.

Feel free to contact me should you deem further discussion of this matter to be necessary.

Sincerely,

David Skains, Mayor

Cc: Janet Dillard Gayle Cooper

38 39 40 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 2.D

MEETING DATE: March 8, 2021

SUBJECT: Kennith Foster - Continued Services

ACTION ITEM: Discuss and/or take action to consider Kennith Foster's continued services on the Gun Barrel City Economic Development Corporation Board of Directors. (Mayor)

BACKGROUND: A simple majority plus one vote of the full City Council is necessary for removal of any appointee to any board, commission or committee.

41 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 2.E

MEETING DATE: March 8, 2021

SUBJECT:

ACTION ITEM: Discuss and/or take action on items previously approved in the 2020/2021 FY budget. (City Manager)

BACKGROUND:

42 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 3.A

MEETING DATE: March 8, 2021

SUBJECT: Executive Session

ACTION ITEM: Convene into Executive Session Pursuant to Texas Government Code: Section 551.074 to discuss the performance evaluation and duties of the Economic Development Corporation Executive Director. (Mayor) Pursuant to Texas Government Code: Section 551.074 to discuss the duties of the following employees and Municipal officers relative to the Economic Development Corporation, City Council and other Municipal Boards: 1. Mayor, 2. Council Members, 3. City Manager. (Rankin) Pursuant to Texas Government Code: Section 551.071 to receive legal advice from the City Attorney regarding legal aspects of Resolution No. R-2018-009. (Rankin)

BACKGROUND: None.

43 CITY COUNCIL CITY OF GUN BARREL CITY, TEXAS AGENDA ITEM # 3.B

MEETING DATE: March 8, 2021

SUBJECT:

ACTION ITEM: Reconvene into open session to take any action necessary as a result of the executive session.

BACKGROUND: