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, February 17, 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 Mayor Pro Tem Council Member Council Member Council Member Council Member None  Sidney M. Sexton, Jr. Brenda Thompson Harold Magill Lee Landess Carl Polnac Peggy Day  The following members were absent:  The following City staff members were present:  City Manager Assistant City Manager/PWD City Attorney Police Chief City Secretary Pat Bearden Mary Graham  Larry Graves Mike Hitt Bob Hager Pat Stallings Sheila Martin Billy Chambliss Joe Mitchell  The following Charter Review Committee Members were present:  Mayor Sexton called the meeting to order at 7:30 p.m. and delivered the  invocation. The City Council led the Pledge of Allegiance. Carl Henley - Former Planning and Zoning Commissioner  PRESENTATION/PROCLAMATIONIS)  SPEAKERS None.  CONSENT AGENDA  1. January 20, 2011 Meeting Minutes  2. Consider Resolution No. 04-11 Declaring 24 City-Owned Sig-Sauer Handguns Surplus and Authorizing the City Manager to Sell, Trade, or Dispose of Them in Accordance with Processes Established in the Code  of Ordinances  T62    City Council Regular Meeting Minutes  January 20, 2011 Page 2 of5  3. Consider Resolution No. 08-11 Authorizing Dallas County to Sell Real Estate Located at 1010 Bowers Road (Case No. 98-32602-TL), Consenting to Accept the Minimum Sealed Bid/Offer on Foreclosed Real Estate located at 1010 Bowers Road, Seagoville, Texas Motion: Harold Magill made a MOTION Carl Polnac SECONDED to approve,  Consent Agenda Items 1-3 as presented.  Vote: 5Ayes  ONays.  ITEMS FOR INDIVIDUAL CONSIDERATION:  PUBLIC HEARINGS  4. Conduct a Public Hearing and Consider Ordinance No. 01-11 on a zoning Change Requests to Establish a Specific Use Permit (SUP) fora Message Center Sign at 112 Hall Street (Gibson Pharmacy) Z2011-01  Mayor Sexton opened the Public Hearing at 7:38 p.m. No one spoke in favor of the zoning change request No one spoke against the zoning change request Mayor Sexton closed the Public Hearing at 7:39 p.m.  Motion: Lee Landess made a MOTION Brenda Thompson SECONDED to  approve Ordinance No. 01-11 Vote: 5Ayes  ONays.  ACTION ITEMS  5. Consider 2010 Charter Review Committee recommendations to Amend  the City Charter  Proposition No. 4  City Attorney Hager read a correction into the record to change: "require" to "allow" two Councilmembers to serve on the Seagoville Economic  Development Corporation. approve the amendment.  Motion: Harold Magill made a MOTION Brenda Thompson SECONDED. to  Vote: 5 Ayes  ONays  T62    City Council Regular Meeting Minutes  January 20, 2011 Page 30f5  Proposition No. 3  Lee Landess made a Motion to "require four (4) votes as opposed to three (3) to hire and/or fire the City Manager. Peggy Day SECONDED to require  four (4) votes to hire andlor fire the City manager.  Vote: 5 Ayes  ON Nays  Mayor Sexton read into the record the following approved MOTIONS:  Proposition No. 3 Proposition No. 4  Requiring four (4) votes to hire and/or fire the City manager, and Allowing two (2) Councilmembers to serve on the Seagoville  Economic Development Corporation.  Vote: 5 Ayes  ONays  6. Consider Resolution No. 06-11 Ordering an Election to be Held on May 14, 2011 for Election of Municipal Officers; Mayor, Councilmembers Motion: Brenda Thompson made a MOTION Harold Magill SECONDED  Places 2 and 4 Respectively  Vote: 5 Ayes  ON Nays  7. Consider Resolution No. 09-11 Ratifying SEDC Resolution No. 02-11 Approving Budget Amendment #1 for FY2010-11 for Line Item 1955 for Office Lease ($3,540), and Line Item 1957 for Building Maintenance  ($5,000) for a Total Amendment of $8,540 Councilmembers made the following comments: Harold Magill - this is a good program  Lee Landess - the $5,000 for building maintenance will include horseshoe-shaped meeting space which can be moved. Brenda Thompson = creates a free security benefit  Motion: Carl Polnac made a MOTION Harold Magill SECONDED  Vote: 5 Ayes  ONays  T62    City Council Regular Meeting Minutes  January 20, 2011 Page 4 of5  7. Discuss Adopting a Smoking Ordinance (at the request of Harold Magill) Harold Magill began the discussion by stating he had been approached by local business owners about adopting a citywide ban on smoking. Magill: Added the main issue is smoking indoors and businesses want a  uniform code for smoking. Councilmembers added the following comments: Day: Supports a smoking ordinance  Landess: Prefers to let businesses that want to ban smoking-ban smoking Polnac: Smoking Ordinance would have a major impact on Denny's Restaurant. Wants to approach problem by asking restaurants to relocate smoking area to the back of the restaurant and wall-off that area. Wants to Thompson: Each business has a right to ban smoking. Does not want Another "big brother" ordinance. Denny's Restaurant would be primarily be impacted by a smoking ordinance. Maybe Chamber willl be able to City Attorney Hager Summary: Consensus is to find out if the business community wants a smoking ordinance. Hager will provide sample smoking  leave the decision up to the businesses.  address this issue with their members  ordinances if needed. CITIZEN COMMENTS:  Joe Mitchell, 720 May Road addressed the Council stating - FY11-12 Budget will be a major issue. Summarized City property tax and sales tax hsitory. asked that Council consider using 4B sales tax money for street maintenance. General Fund is pushed to the limit. Stated that SEDC budget is overstated by $40,000 due to the vacancy left by the departure of former SEDC  President and CEO Carlos Vigil FUTURE AGENDA ITEMS  Peggy Day requested a discussion on annual inspections for multi-family  dwellings. league.  Lee Landess wanted to know why Seagoville doesn't have an adult softball  EXECUTIVE SESSION  Prior to the start of the Executive Session - City Attorney Hager noted a scrivener Error on Agenda Item #11-staing that Council would be convening pursuant to  Section 551.072 as opposed to 551.075.  T62    City Council Regular Meeting Minutes  January 20, 2011 Page 5 of5  Council will re-convene into Regular Session to take any action resulting from  the Executive Session.  Council convened into Executive Session at 8:20 p.m. Council re-convened into Regular Session at 8:51 p.m.  10. City Council Shall Meet in Closed Executive Session Pursuant to Section 551.074 of the Texas Government Code to Deliberate the Appointment, Employment, Evaluation, Reassignment, or Duties of aPublic Officer, to wit, Municipal Court, Court of Record, Associate City Attorney Hager stated during Executive Session Council had interviewed and agreed to offer Tim Menchu a contract as Municipal Court Motion: Harold Magill made a MOTION Brenda Thompson SECONDED. to  Judge(s).  Associate Judge.  approve  Vote: 5 Ayes  ONays  11. City Council Shall Meet in Closed Executive Session Pursuant to Sections 551.072corrected) of the Texas Government Code to Receive a Report or Advice from City Staff Regarding the Seagoville City Attorney Hager stated there was no action to be taken as a result of the Executive Session on the Post Office.  Main Post Office.  ADJOURN  Mayor Sexton adjourned the Council meeting at 8:53 p.m. Approved this the 3td day of March, 2011 AGg Mayor Sidméy M. Sexton, Jr.  ATTEST:  LH anian  Sheila. Marin, Ciys Secretary  T62