COUNTY OF DALLASICOUNTY OF KAUFMAN CITY OF SEAGOVILLE CITY COUNCIL MINUTES CITY OF SEAGOVILLE The City Council of the City of Seagoville met in a Regular Meeting on Monday,, September 12, 2011 - beginning at 7:30 p.m. in the Council Chambers of City Hall, 702 N. Highway 175, Seagoville, Texas, with the following members present: Mayor Council Member Council Member Council Member Council Member Council Member None Sidney M. Sexton, Jr Terri Ashmore. Harold Magill LeeLandess Dennis Childress Peggy Day The following members were absent: The following City staff members were present: City Manager Assistant City Manager/PWD SEDC President/CEO Finance Director Police Chief Library Director Public Safety Manager City Secretary Larry Graves Mike Hitt Bekki Roberts Patrick Harvey Pat Stallings Liz Gant Kristin Dykes Sheila Martin Mayor Sexton called the meeting to order at 7:30 p.m. and Council Member Dennis Childress delivered the invocation. The City Council led the Pledge of Allegiance. None SPEAKERS PRESENTATION/PROCLAMATIONIS) Glenda Dupuis- Agenda Items No. 6 - 104 Ave C-Addressed the Council, and read a petition of support for Police Chief Stallings, and for hiring two additional police officers. Dupuis stated the petition has been signed by over 200 citizens. Carl Polnac - Agenda Item No 6 - 1300 Alto = Supports the Police and Fire Departments. City can't afford not to hire police officers. As a former Council Member, he would like to see a 5-0 vote in favor of hiring the officers. Randy Neely = Agenda Items Nos. 5 and 6 --1608 Bent Tree - Was recently annexed into the City. Used to ride with Seagoville Police Department and video for FOX TV. Referenced the night, Police Department was almost wiped-out" in one encounter with a felon. Police Department needs all the help "we" can give them. Challenged everyone to ride with the Police Department to see what they go through. City Council Regular Meeting Minutes September 12, 2011 Page 2of8 Barbara Warren = Agenda Items Nos. 5and 6-749 High School Drive = Very strong support of Fire and Police Departments. Stated she should be at hospital with a dying 13-year-old, but feels it is very important to make a show of support of the Police Department, and for hiring two new officers. Stated she is on "disability," and fixed income, she can afford the 2.5 cents property tax increase. Jerry Yearout Agenda Items No. 5and 6-710E E. Simonds Road Is a Citizens on Patrol members, and is active in the community. Citizens need to back Police and Fire Departments. They are professional and need Council support. The proposed tax rate increase is small in comparison to the return it will yield. Ron Walker = Agenda Items Nos 5 and 6 = Is retired from Dallas Fire Department. Four officers (per shift) can not cover a City of this size. Hire the two budgeted police officers. Police have saved his life many a time when he was Malcom Thomas = Agenda Items Nos 5 and 6 - 910 E. Simonds = Supports the Police Department = wants 2.5 cents tax increase to hire more Police officers. His home has been broken into two times. Has had to spend money to install security features. City has a good police force with good response time. Need to back our policemen al Dallas firefighter. CONSENT AGENDA 1. August 15, 2011 Meeting Minutes Motion: Harold Magill made a MOTION, Peggy Day SECONDED Vote -5Ayes ACTIONI ITEMS 0-N Nays ITEMS FOR INDIVIDUAL CONSIDERATION 2. Consider Resolution No. 50-11 Authorizing the City Council to adopt the Seagoville Chamber of Commerce Hotel/Motel Budget for the fiscal year 2011- 2012, and Authorizing the continued previously executed contract for Tourism and Visitor Assistance MOTION Harold Magill made a MOTION, Terri Ashmore SECONDED Vote -5Ayes 0-N Nays Track No. 52 Yellow City Council Regular Meeting Minutes September 12, 2011 Page 3of8 3. Consider Resolution No. 51-11 Ratifying an SEDC Project Agreement with Dean Gillani/Faisal Merchant fo an economic development incentive for new construction of Ace Hardware to be located at 600 N. Hwy 175 in the amount not to exceed $400,000.000 and the conveyance of said property, approximately .07977 acres located adjacent to the Ace Hardware site. = (First Reading) MOTION: Terri Ashmore made a MOTION, Harold Magill SECONDED Discussion surrounding cities. agreement, Vote -5Ayes Magill stated Ace Hardware will be a positive addition for Seagoville and the Landess stated he would have like to have seen a longer term for the 0-Nays PUBLIC HEARINGS 4. Conduct a Public Hearing and Consider Ordinance No. 10.-11 on a requested zoning change for a Continuance of a Specific Use Permit (SUP) altering an existing premises occupied or to be occupied by a handicapped ACM Hitt stated that in 2010, Council approved an SUP permit for one-year permit for a garage conversion to accommodate two mobility-impaired adults and two mobility-impaired children. Garage was converted to City specifications. As a home-based business, occupants are limited to two adults and two children, and no overnight stays. Maintain and follow all applicable Federal and State permits Since the Planning and Zoning Commission denied this request by a 4 - 2 vote, the request now requires a Super Majority approval from the Council or "Yes" person for 1615 Makayla Lane and guidelines, and City ordinances votes by four of thet five voting Council Members for approval. At Mayor Sexton's request, Police Chief Stallings and Public Safety Manager Kristin Dykes confirmed there were no disturbance calls at the location. Mayor Sexton opened the Public Hearing at 7:53 p.m. Track No. 52 Yellow City Council Regular Meeting Minutes September 12, 2011 Page 4 of8 The following persons spoke in favor of granting the Permit Carl Polnac - 1300 Alto - SUP was approved when he was on the Council. At that time, Council told the residents if there were no problems after one-year; the SUP would become permanent for their use. Highly recommends Council approves. Older people who can't take care of themselves, are being cared for at this location. There have been no problems at this location, unlike 111 Fisk. Samantha Espinosa - No Address Given Representing Maris Alfaro Sunshine Day Rehab - Stated she is the Case Manager for the 4 clients being cared for at 1615 Makayla. It. On-site caretaker provides services and projects to help the consumers to be productive. Recommends Council approval of the SUP. Ana Ortiz = 9719 Oak Gate - Speaking on behalf of Barry Family Services doing business as Sunshine Day Rehabilitation Centers. This is a State Rehabilitation Center that cares for two adults and two minors. Facility is inspected annually by the State, and passes 100%. The State pays the caretaker $23.00 per day/per client, Caretaker teaches life skills to the residents such as meal preparation... Owen Mar = 8850 Ferguson Road - Is Maris Alfaro's son = Stated the location has received no complaints. Submitted a petition with signatures supporting the Recommends approval of the SUP. SUP. The following persons spoke against granting the Permit Daniel Guzman - 1613 Makayla - Only real problem is the enclosed garage in the neighborhood with an enclosed garage, and it has been decorated = resulting ina a loss in real estate value to his home. Believes enclosed garage will decrease home values and make it difficult to sell his home. Also there is very limited Lisa Guzman - 1613 Makayla - Agrees with Daniel Guzman (who is her husband). lt's a brand new subdivision, shortly after they moved in owners applied for SUP. 1615 Makayla owners should have gotten a larger place if they knew how they were going to use the location. People in the neighborhood Joe Mitchell - 720 May Road - Agrees with the Guzman. Use at this location is a business in a residential neighborhood and it does not fit, because what will be the next business that goes in and leaves the garage door open. Mayor Sexton responded that any home-based business would be required to receive a SUP.- parking due to the enclosed garage thought they were caring for family members which are issued on individual basis.. Track No. 52 Yellow City Council Regular Meeting Minutes September 12, 2011 Page 5of8 The Mayor closed the Public Hearing at 8:11 p.m., limiting the comments to the Council Council Comments: Ashmore = SUP holders were tasked with maintaining a certain professionalism and terms. They have met the terms with no complaints from the Seagoville Day It would be inconsistent not to approve based on SUP holder meeting Childress - Was not originally in favor of SUP, but SUP holder has fulfilled their Magill - Probably 8 to 12 enclosed garages in Seagoville. Family members are not always healthy. Was originally against this. SUP holder has followed terms of the initial permit. Only complaint is the enclosed garage door. In reality, SUP holder can install a garage door and continue. When the current operations Landess 1615 Makayla owners have spend their money to comply with City's Police Department Sees no reason to deny the SUP terms agreed to last year obligation - Can'tf find a reason not to approve cease, the SUP expires terms. Have followed all conditions. There is no reason to deny. MOTION: Peggy Day made a MOTION, Harold Magill SECONDED At Childress's request, Mayor Sexton confirmed that conditions for granting the SUP were included in Ordinance No. 10-11 Vote -5Ayes 0-Nays 5. Conduct a Public Hearing and Consider Ordinance No. 08-11 Adopting the City of Seagoville FY11 - 12 Budget Mayor Sexton opened the Public Hearing at 8:20 p.m. Glenda Dupuis -104 Ave C - Spoke in favor of the Proposed FY 11-12 Budget, stating her petition referenced in the "Speakers" portion of meeting encouraged Council to support the 2.5 cents sales tax and hire the two police officers. Track No. 52 Yellow City Council Regular Meeting Minutes September 12, 2011 Page 6of8 Mayor Sexton closed the Public Hearing at 8:22 p.m. Council Comments: Magill- It's time to move off of the negative, and move the City forward. If the City does not become more positive, we will cease to exist like Kleberg. City has had amazing growth over the past 8 - 10 years. Tax rate is one of the lowest fora city of our size. Thought all Council members were on Board following the July 2011 Retreat. Wants to move forward in the best interest of the City. Hates taxes Day - Was on board following the July 2011 Retreat, but has become concerned that we are going into reserves. Concerned that next year's economy will be Landess - His concern is not leading the City into bankruptcy, He is a firefighter sO he get public safety. Respects his fellow Council Members, but has very serious concerns about the City's economic viability in this economy Doesn't want to see Chief patrolling the streets. Recognizes over 200 people signed the petition supporting the tax rate increase to hire two police officers, but there are thousands of people who live in Seagoville. Loves this City = earlier tonight a citizen stated she should be with a 13-year-old who is dying - Landess stated he leaves his dying 20-year old daughter to come represent those who elected him. This has been turned into an agenda to paint conservatives as anti- Childress = Discussion is not win/lose situation. Not personal this is a business Mayor Sexton = Talked about the amount of (tax) exemptions available to citizens. Has reviewed Dallas County Appraisal District records, referenced citizen who will pay only $8.00 per year in taxes, and is opposed to the tax increase. Stated due to high turnover, Seagoville was once a training ground for other cities. Landess - Everyone wants what's best for the City, Has reservations Magill - Has confidence in Finance Director and City manager's ability is not MOTION Harold Magill made a MOTION, Dennis Childress SECONDED as much as anybody, but will not deny City the safety it needs. worse than this year's economy. Conservatism is not negativity. public service. decision due to the economy. afraid for the future Vote: Ayes Nay(s) Landess Ashmore, Magill, Childress, Day Track No. 52 Yellow City Council Regular Meeting Minutes September 12, 2011 Page 7of8 ACTION ITEMS ITEMS FOR INDIVIDUAL CONSIDERATION 6. Adoption of the 2011 Tax Rate Mayor Sexton read the following statement into the record: The City of Seagoville's current tax rate was adopted in 2010 at $0.665 per hundred dollar taxable valuation. The currently proposed tax rate is $0.690853. The proposed tax rate is inclusive of Operations and Maintenance tax of $0.648722 and a Debt Service rate of $0.042131) MOTION: Harold Magill made a MOTION, Terri Ashmore SECONDED Vote: Ayes Nay Landess Ashmore, Magill, Childress, Day CITIZEN COMMENTS Jerry Yearout 710 E. Simonds Road - City infrastructure needs improvement Big Trucks have destroyed the roads especially around E. Simonds. We also have a trash problem. City needs to have more people looking for illegal dumping. Including beer bottles and construction trash. Every year near Alto and Simonds Joe Mitchell - 720 May Road = Enjoyed tonight's Council Meeting = good discussions. Provided data on sales tax, property tax received from State Comptroller's Office, said 4B Economic Development Tax is not being used correctly. In a two-year period, SEDC has expended over $5 million. This is the equivalent of adding over $100 million dollars to the property base. Council has the authority by resolution to adjust or eliminate the half-cent 4B tax, which would put $750,000.00 back into the general fund. - Recommends Council does this. 4B isa drain on the City. Purpose of economic development corporations are two- fold increase sales tax and improve quality of life in the City neither of these At Mitchell's request for additional time: Lee Landess made a Motion to grant Mitchell more time - Landess, Childress and Day voted in favor of the Mitchell continued stating asking that the Finance Director look into his Road there are animal heads dumped along the roadway. objectives are being met. Motion suggestions. Track No. 52 Yellow City Council Regular Meeting Minutes September 12, 2011 Page 80 of8 Leon Love 704 E. Farmer's Road = Thanked the Council and citizens who came out to support the Police and Fire Departments. Doesn't like taxes anymore than the next person, but he wants a safe City and appreciates the job, Police and Fire Phil Greenawalt = Chamber of Commerce President - Invited all to attend the Chamber of Commerce Steak Lunch on September 22, at FCI, and to attend do. Also agrees streets need to be improved. Seagofest which starts on September 29, 2011. 8.FUTURE AGENDAI ITEMS Harold Magill encouraged citizens to use the parks and report instances of littering. (Emphasized his point by holding-up two glass bottles that he and Mrs. Magill picked up on one of their walks ini the Central Park) Executive Session None ADJOURN- Mayor Sexton adjourned the Council meeting at 9:06 p.m. Approved this the 192th day of September, 2011 Mayor ASE Sidney M. ATTEST: hhIbts Sheila J. Marin/Ciy Secretary Track No. 52 Yellow