CORRECTED  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 Thursday, August 19, 2010, 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 Mayor Pro Tem Council Member Council Member Council Member Council Member Interim City Manager Public Works Director/ACM Finance Director City Planner SEDC President and CEO City Secretary  Sidney M. Sexton, Jr. Brenda Thompson Harold Magill Carl Polnac Peggy Day  The following Council Members were absent: The following City staff members were present:  Lee Landess (Excused)  Larry Graves Mike Hitt Joe Stegall Sherry Sefko Bekki Roberts Sheila Martin  Mayor Sexton called the meeting to order at 7:33 p.m. and delivered the invocation. The City Council led the Pledge of Allegiance. Adding Lee Landess  was not in attendance due to an excused absence. PRESENTATION/PROCLAMATIONIS) NONE WERE SCHEDULED CONSENT AGENDA Meeting  1A. Consider approval of the minutes of the August 5, 2010 Regular City Council 1B. Consider the approval of the August 9, 2010 Special-Called Meeting Motion: Brenda Thompson made a MOTION - Harold Magill as presented.  VOTE: 4- Ayes  O-Nays    City Council Regular Meeting Minutes  August 19,2010 Page 2 of5  ITEMS FOR INDIVIDUAL CONSIDERATION:  PUBLIC HEARINGS  2. Conduct a Public Hearing on the requested zoning change from Residential-r (R5) to Office (0) Zoning District and amend the Comprehensive Land Use Plan for 1001 N.Kaufman Street. Located on theSouthwest corner of N. Kaufman Street and Mathis/Hall, the J.L. Mathis Mayor Sexton stated the applicant Randy Balch had withdrawn his request 3. Conduct a Public Hearing on the requested zoning change to establish a Specific Use Permit (SUP) to alter an existing premises occupied, to be to be occupied by a handicapped person for 1615 Makayla Lane, approximately 190 (+I-) feet Southwest of Brandon Drive (Z2010-04), and Then Consider Ordinance No. 11-10 allowing a change in zoning, from R 5to R-5 with a Special Use Permit (SUP) for a home-based business  Addition.  and this zoning case was closed.  (garage enclosure) at 1615 Makayla Lane. Mayor Sexton opened the Public Hearing at 7:37 p.m.  City Planner Sherry Sefko gave an overview of the Zoning Case., stating IfCouncil was inclined to approve the case, she recommended the  Following stipulations:  1. Hours of home-based "Day Rehabilitation Facility" business operation limited to 2. No overnight stays by unrelated business employees or clients (unless an 3. Maximum of two day care business clients on the premises at any time (in addition to two foster individuals over whom the operator has official 4. Maximum of one outside employee (who does not live on the premises); 5. Facility shall provide adequate off-street parking for all vehicles staying on the 6. Operator shall at all times possess all applicable federal, state, county and/or local licenses and permits that are required for a home-based "Day 7. Operator shall at all times comply with all applicable federal, state, county and local regulations for operation of a home-based "Day Rehabilitation Facility"  clients on the premises from 8:00am until 5:00pm daily;  emergency); guardianship);  premises overnight;  Rehabilitation Facility" (i.e., an "Adult Day Care Home");  (i.e., an "Adult Day Care Home"):    City Council Regular Meeting Minutes  August 19,2010 Page 3of5  8. The SUP shall be valid for a time period of one year (i.e., 365 calendar days) following issuance, with annual re-application, re-review and re-issuance of the SUP as long as the operator wishes to continue the operation of a home- based "Day Rehabilitation Facility" (i.e., an "Adult Day Care Home"); and 9. The garage conversion (i.e., enclosing the garage as air-conditioned living space) shall be removed and the space shall be converted back to its original garage configuration with the exterior wall partition removed and the overhead garage door(s) put back in place at any such time when the property is sold or the operation of a "Day Rehabilitation Facility" (as authorized by this SUP  ordinance) on the property ceases.  The following persons spoke in favor of the re-zoning: Pat Glen, 2117 Clearhaven Dr. Garland, Texas  Carolina Gonzolas 4707 Rowlett Rd., Rowlett, Texas (Berry Family Services) Katie Beth Massengil, 4707 Rowlett Rd., Rowlett, Texas (Berry Family Alina Anita Jones returned a City Public Notice card in support of the re-zoning The applicant Maria Alfaro submitted a petition with six signatures supporting  Services) the re-zoning.  No one appeared to speak against the re-zoning:  Mayor Sexton closed the Public Hearing at 7:50 p.m., taking comments and Brenda Thompson stated she opposes businesses in residences and will oppose Harold Magill stated normally the City would not license a home-based business. He knows of 3 cases of where the City has approved a case like this. SUP is being used to circumvent the zoning ordinance, this is spot zoning and he will not support it. The State of Texas will not step-up and revoke the license if a problem occurs. There is currently a like facility that has cost the City $50,000 in Carl Polnac asked why six signatures were submitted on a petition. Mike Hitt replied it was up to the Council to decide if they would accept/consider the six petition signatures. Perfectly bona fide business and legal operation. The issue ise enclosing the garage. The facility has been in operation for two years with two Peggy Day stated she has no issues with enclosing the garage. Doesn't object to  questions from the City Council.  litigation  clients, no neighbors opposed. He will support re-zoning. the re-zoning with the City Planners recommendations    City Council Regular Meeting Minutes  August 19,2010 Page 40 of5  Ms. Massingill and Ms. Gonzolas provided the following additional The location will provide age-appropriate services based on skill levels  comments in response to City Council questions: Clients served come from across Dallas County The facility has been in operation for two years  Harold Magill made a MOTION and Brenda Thompson SECONDED to deny the Vote: 2 Ayes(Magill, Thompson) 3 Nays (Polnac, Day) w/ Mayor breaking the tie Carl Polnac made a MOTION and Peggy Day SECONDED to approve Ordinance No. 11-10 to include the City Planners recommended amendments. Vote: 2 Nays (Magill, Thompson) 3 Ayes (Polnac, Day) w/ Mayor breaking the 4.First Reading and First Public Hearing on the Proposed 2010 Tax Rate. Mayor Sexton read the following statement into the record as required by During its August 5, 2010 Meeting, Council Member adopted a proposed tas rate for FY10-11 of 0.6650 cents per $100 valuation. The current rate is 0.6500 cents. The proposed rate is 0.6650 cents per $100 valuation which will set the FY10-11 Two hearings on the FY10-11 Tax Rate will be held at Seagoville City Hall at 702 The first hearing is being held tonight Thursday, August 19, 2010 at 7:30 p.m. The second public hearing will be held Thursday, September 2, 2010 at 7:30 p.m.  re-zoning request "with prejudice."  tie  State law.  rate at 0.031528 below the FY10-11 effective rate of 0.61528.  Hwy 175.  The Public Hearing opened at 8:32 p.m. The Public Hearing closed at 8:33 p.m.  No one spoke in favor of the proposed tax rate No one spoke against the proposed tax rate  Harold Magill stated the proposed rate will keep the City from going backward  ACTION ITEMS  5. Consider Resolution No. 27-10 Seagoville Economic Development Agreement with Sakaria - Seagoville Food Mart -FIRST READING Harold Magill made a MOTION and Carl Polnac SECONDED to approve.  Vote: 4 Ayes  ON Nays    City Council Regular Meeting Minutes  August 19,2010 Page 5of5  6. Consider Resolution No 31-10 Seagoville Economic Development Agreement with C & K Business LLC (Rudi Abduli) dba Rudi's Napoli's Italian Restaurant to be located at 308 N. Hwy 175 Seagoville, Texas = FIRST Harold Magill made a MOTION and Brenda Thompson SECONDED to approve.  READING Vote: 4 Ayes  ONays  6. Consider Resolution No 31-10 Seagoville Economic Development Agreement with C& K Business LLC (Rudi Abduli) dba Rudi's Napoli's Italian Restaurant to be located at 308 N. Hwy 175 Seagoville, Texas F FIRST Harold Magill made a MOTION and Brenda Thompson SECONDED to approve.  READING Vote: 4 Ayes  ON Nays  7. Consider Resolution No. 30-10 Awarding a Bid and Authorizing the City Manager to disburse funds for Sewer Improvements along Cundiff Street  The amount of $78,352.50 to Lone Stat Utilities, LLC  Vote: 4 Ayes  ONays  CITIZEN COMMENTS feet on May Road. FUTURE AGENDA ITEMS  Joe Mitchell 720 May Road, requested County come back and repair about 95  8. Carl Polnac requested an update from Nancy Bingham/DISD about asbestos  in the Kaufman Street elementary school.  EXECUTIVE SESSION  None ADJOURN  Mayor Sexton adjourned the Council meeting at 8:46 p.m. Approved this the 2nd day of September, 2010. Mayor Ats M.  ATTEST:  ebiyk lalws Sheila J. Martin, Cily Secretary