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