STATE OF TEXAS CITY OF SEAGOVILLE  COUNTY OF DALLASICOUNTY OF KAUFMAN CITY OF SEAGOVILLE CITY COUNCIL MINUTES  The City Council of the City of Seagoville met in a Regular Meeting on Thursday, January 21, 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 None  Sidney M. Sexton, Jr. Brenda Thompson Harold Magill Jose Hernandez Carl Polnac Marshall Green  The following Council Member(s) were absent: The following City staff members were present:  City Manager Assistant City Manager Library Director Parks and Recreation Director Planning Director SEDC President/CEO Executive Director City Secretary  Denny Wheat Mike Hitt Liz Gant Ralph Mendez Sherry Sefko Carlos Vigil Bekki Roberts Sheila Martin  Mayor Sexton called the meeting to order at 7:30 p.m. and delivered the  invocation. The City Council led the Pledge of Allegiance. PRESENTATION/PROCLAMATIONS) There were no Presentations or Proclamations  SPEAKERS  There were no persons to speak before the Council on agenda items.  CONSENT AGENDA  1. Consider Approval of Minutes of the January 7, 2010 City Council Meeting. Motion: Harold Magill made a MOTION to approve the Consent Agenda and Carl  Polnac SECONDED  Vote on the motion: Passed unanimously by a vote of 5 ayes-0 nays.  1of6    City Council Regular Meeting Minutes  January 21, 2010 Page2 2of6  ITEMS FOR INDIVIDUAL CONSIDERATION  PUBLIC HEARINGS  2. Conduct a Public Hearing and Consider Ordinance No. 02-10 on a Requested Zoning Change from Residential-5 (R-5) to Office (O) for 1001 N. Kaufman Street. Located on the Southwest Corner of N. Kaufman Street and City Manager Denny Wheat read an overview of the Public Hearing into the record. Mayor Sexton opened the Public Hearing at 7:37 p.m. stating that 9 persons have submitted Speakers Cards to address the Council. The following persons submitted cards FAVORING the Zoning Change:  Mathis/Hall Street (Z2009-03)  Randy Balch (Applicant) 1001 N. Kaufman Seagoville, Texas (Spoke in For) Pat Atkins 209 Stonebridge Dr. Rockwall, Texas (Spoke For) Paul Snyder 104 Mathis St Seagoville, Texas (Spoke Against)  Dennis K. Childress P.O. Box 512 Seagoville, Texas (Spoke For) Staci Volcik 1001 N. Kaufman Seagoville, Texas (Did Not Speak) Linda Hughes 1003 N. Kaufman St Seagoville, Texas (Spoke Against)  Heather Collins 1001 N. Kaufman Seagoville, Texas (Did not Speak) Tim Ramsey 307 N. Watson Seagoville, Texas (Spoke For) Phillip Casebolt 909 N. Kaufman St. Seagoville, Texas (Spoke Against)  The following persons submitted cards OPPOSING the Zoning Change:  After Mr. Casbolt's comments the Mayor closed the Public Hearing at 8:16 Brenda Thompson- Can not support. There is plenty of commercial space in Harold Magill - Can not support. There is other vacant property in the City. This is not a conducive use of the property and will result in "spot" zoning. Jose Hernandez = Supports the re-zoning. Re-zoning is a catalyst for reviewing Zoning and Comprehensive Plans. Re-zoning is a catalyst to  p.m., and opened the floor to City Council for comments:  area.  reviewing the Thoroughfare Plan.  Page 2of6    City Council Regular Meeting Minutes  January 21, 2010 Page 3of6  Carl Polnac - Supports the re-zoning since it is an "existing use." The location is close to a lot of activity, and there will be more activity when the library opens. The only problem is the sign. Cautioned to remember "Crestview." Marshall Green - Asked if with an "O" Zoning would the property be taxed as Motion: Jose Hernandez made a MOTION to approve the Zoning Change and After consulting with Assistant City Manager Mike Hitt, City Manager Denny Wheat requested a recess to consult with the City Attorney on a technical issue regarding the number of Council votes needed to ratify the re-zoning as referenced in the Texas Local Government Code 211.006., and centering around  Believes the property will be kept-up."  Commercial.  Carl Polnac SECONDED  Phillip Casebolt's ownership of 1001 N. Kaufman St Section 211.006(d) of the code states that.  "f a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect the affirmative vote of at least three-fourths or a "super majority" of all members of the goveming body. The protest must be written and signed by owners' of at least (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.'  20 percent ofe either:  RECESS: The City Council meeting was recessed at 8:31 p.m. to allow the City RECONVENE: Mayor Sexton reconvened the meeting at 8:45 p.m. With the City Manager stating that since Mr. Casebolt does not own the property located at 1001 N. Kaufman St., the three-fourths affirmative Council vote or supermajority" Harold Magill - The Notice to property owners does not include information about the "super majority" requirement. Citizens should have the right to review the  Manager to consult with the City Attorney.  isr not required to ratify the zoning change to "O", or Office.  requirements under the Code. (.e.Section 211.006).  Page 3 of6    City Council Regular Meeting Minutes  January 21, 2010 Page 40 of6  Brenda Thompson - Made a MOTION to modify the current Motion on the floor to approve the Zoning Change, and TABLE the item for two weeks until February 4th.  Harold Magill SECONDED.  Vote on the MOTION -3 3 ayes and 2 nays: Nays: Jose Hernandez and Carl Polnac  Ayes: Brenda Thompson, Harold Magill, and Marshall Green  Paul Snyder requested a copy of the Code. (i.e. Section 211.006). City Manager Wheat referred Mr. Snyder to the City Secretary for a copy of Code.  ACTION ITEMS  3. Consider Resolution No. 04-10 Ratifying a Seagoville Economic Development Corporation (SEDC) Project to Fund Phase 1 Installation of Athletic Lights at Petty White Park and Authorizing the Mayor to Sign an Economic Development Agreement with the SEDC in an Amount Not to Exceed Motion: Harold Magill made a MOTION Brenda Thompson SECONDED to Vote on the motion: Passed unanimously by a vote of 5 ayes-0 nays. 4. Consider Resolution No. 05-10 Ratifying a Seagoville Economic Development Corporation (SEDC) Project to Fund the Installation of a Playground Shade Structure at Heard Park and Authorizing the Mayor to Sign an Economic Development Agreement with the SEDC in an Amount Not to Exceed Motion: Brenda Thompson made a MOTION Marshall Green SECONDED to Vote on the motion: Passed unanimously by a vote of 5 ayes-0 nays.  $9,6000.00  Approve Resolution No. 04-10.  $15,000.00  Approve Resolution No. 05-10.  5. Consider Resolution No. 06-10 Ratifying a Seagoville Economic Development Corporation (SEDC) for Consulting Services with Halff Associates to Prepare a Master Development Plan for the Proposed +/- 200 Acre Industrial Site in an Motion: Carl Polnac made a MOTION Harold Magill SECONDED to  Amount Not to Exceed $27,500.00  Page 4 of6    City Council Regular Meeting Minutes  January 21, 2010 Page 50f6  Approve Resolution No. 06-10.  Vote on the motion: Passed unanimously by a vote of 5 ayes-0 nays. 6. Consider Ordinance No. 01-10 Changing the Speed Limits on S. Kaufman Street, and Installing No Parking Regulations on N. Kaufman Street near the Motion: Jose Hernandez made a MOTION Harold Magill SECONDED to Vote on the motion: Passed unanimously by a vote of 5 ayes-0 nays. John Polasek residing at 2614 Bell Street, Seagoville, Texas addressed the Council to express his concerns about the lack of street repairs, street lighting, and speed limits on Bell Street and in other residential areas; stating his street is beyond repair, and at Ard Road between Seagoville Rd and Hwy 175; a school Mayor Sexton referred Mr. Polasek to Assistant City Manager Mike Hitt for  Elementary School.  Approve Ordinance No. 01-10.  7. CITIZEN COMMENTS  bus almost ran off of the road due to ruts in the roadway.  assistance.  John Player residing at 703 Shady Brook Road, Seagoville, Texas addressed the Council asking that the Council consider following suite of other cities and adopt a No Smoking Ordinance. Also stated that Jeff Swaggerty, Code Enforcement  Officer is doing an outstanding job. FUTURE AGENDA ITEMS 8. Future Agenda Items.  Brenda Thompson entered into the record that deliberations on re-zoning 1001 N. Kaufman Street (Z2009-03) would continue on the February 4th Regular Meeting Jose Hernandez asked to have Planning and Zoning Commission review any regulations affecting smoking in public places such restrooms, parks and covered  Agenda.  facilities.  9. Executive Session  No Executive Session was held.  ADJOURN  Page 5 of6    City Council Regular Meeting Minutes  January 21, 2010 Page 6 of6  10. Mayor Sexton adjourned the Council meeting at 9:04 p.m.  Approved this the 4th day of February, 2010 Danyn Aeflin & Mayor Sidréy M. Sexton, Jr.  ATTEST:  * Secretary  MRI Shéya/Maryh, City  Page 6 of6