Video index
A. WORK SESSION
Roll Call: 6 members present, 1 members absent, 0 members excused.
Mayor Sherman called the meeting to order at 6:08pm.
1. Review of Master Agenda by City Manager.
City Manager Richardson reviewed the items on the Master Agenda. He highlighted dates for the Boards and Commissions interviews, Boards and Commissions Banquet and noted dates on the Budget Calendar that was distributed. Dr. Richardson also announced there will be a groundbreaking ceremony on March 8, 2013, at 2pm for the Heliport.
Councilmember Ledbetter inquired about the City Council Summer Retreat which is typically held in June. Dr. Richardson indicated that a proposed date for the summer retreat will be distributed next month.
2. Discussion of Regular Agenda items.
Dr. Richardson noted a correction for Public Hearing agenda item E.1. Specifically, the City Council will be considering a Resolution instead of an Ordinance.
3. Discussion regarding process that will be used in updating the Comprehensive Plan.
Tom Johnson, Managing Director, Development Services and Edlyn Vatthauer, Planning Manager, gave a brief overview of the Comprehensive Plan, to include the process, timeline and preparing amendments. Council discussion regarding whether the old Hampton Road Redevelopment Project would be included in this plan and how would the individuals who were appointed by Council to the Comprehensive Plan Steering Committee be notified of the dates. Staff indicated that the Hampton Road Redevelopment Project would be included and a copy of the powerpoint with dates would be distributed.
Councilmember James Zander arrived at the meeting at 6:25pm.
Roll Call: 7 members present, 0 members absent, 0 members excused.
Mayor Sherman adjourned the meeting at 6:26pm.
B. REGULAR SESSION - CALL TO ORDER
Roll Call: 7 members present, 0 members absent, 0 members excused.
Mayor Sherman called the meeting to order at approximately 7:00pm.
1. Invocation by: Josef Rasheed, Crossroads Covenant Church
2. Pledge of Allegiance led by Mayor Pro Tem Denise Valentine
3. Introduction of Ambassador: Yun "Chrystal" Chen, Library Department
Crystal Chen attended DeSoto High School and graduated from Amherst College. She received a Masters of Fine Arts degree from the State University of New York at New Paltz and is currently a circulation clerk at the DeSoto Public Library. Crystal is a printmaker and book artist and has exhibited work in the Times Square Gallery in New York City, at SGC International Conference, and in traveling exhibitions in Taiwan and Argentina. She has traveled to Mexico, China, England and Italy and hopes to one day visit Iceland and New Zealand. In her spare time, she likes to read, make art, and play with a ferocious 17 pound Pomeranian puppy named Koda.
C. PRESENTATIONS
None.
F. REGULAR AGENDA - PART 1 - ELECTION PROTOCOL
1. Presentation of Certificate of Election to newly elected City Councilmember Place 4 per the Texas Election Code.
Click Here to View F.1. Part 1 - Management Report
Ms. Morris read the agenda item and introduced Mayor Carl Sherman who presented the Certificate of Election to incoming Councilmember Rachel Proctor.
2. Conduct Oath of Office for newly elected City Councilmember Place 4 per the Texas Constitution.
Click Here to View F.2. Part 1 - Management Report
Ms. Morris read the agenda caption and performed the Oath of Office for newly elected City Councilmember, Place 4, Rachel Proctor.
D. CONSENT AGENDA Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager.
Ms. Morris submitted for consideration minutes from the DeSoto City Council, Civil Service Commission and DeSoto Economic Development Corporation.
Motion to approve items as submitted. Moved by Councilmember Respess, seconded by Councilmember McCowan.
Vote to approve items as submitted. (Approved)
1. Approval of City Council Minutes
a. Regular Meeting - 02-19-13
Click Here to View 2013-02-19 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Arts Commission - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - 01-14-13, 02-11-13
Click Here to View 2013-01-14 Civil Service Meeting Minutes
Click Here to View 2013-02-11 Civil Service Meeting Minutes
d. DeSoto Economic Development - 01-14-13
Click Here to View 2013-01-14 DEDC Meeting Minutes
e. DeSoto, Texas Historical Foundation - N/A
f. Keep DeSoto Beautiful - N/A
g. Library Advisory Board - N/A
h. Park Development Corporation - N/A
i. Planning and Zoning - N/A
j. Zoning Board of Adjustment - N/A
3. Other Items
a. None.
E. PUBLIC HEARINGS
1. Consider Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed Collector Street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a Collector Street from Abbott Avenue; Applicant: City of DeSoto; and adopting Ordinance.
Click Here to View E.1. Management Report
Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.
Motion to open Public Hearing Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue
Moved by Councilmember Respess, seconded by Mayor Pro Tem Valentine.
Council discussion regarding the City of DeSoto's ownership of the right-of-way and the Texas Turnaround at Belt Line and I-35 as the access road until there is a need for a traffic signal (i.e. future development).
Motion to close Public Hearing Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue
Moved by Councilmember Respess, seconded by Mayor Pro Tem Valentine.
Motion to Approve Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue.
Moved by Councilmember Zander, seconded by Councilmember Ledbetter.
Vote to Approve Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue.
(Approved)
2. Consider Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway; containing one (1) lot and consisting of 0.46 acres; Applicant: Herman Brown; Owner: Mel Jackson; and adopting Ordinance.
Click Here to View E.2. Management Report
Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.
Motion to open Public Hearing Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway Moved by Councilmember McCowan, seconded by Councilmember Respess.
Council discussion regarding the responses received from the public notices that were mailed; of the three notices returned, only one (1) was received in favor which was the applicant; the structure not impeding any views; storage of a private collection of classic cars; and meeting masonry requirements. The applicant, Herman Brown, who resides at 1436 Country Ridge, DeSoto, Texas, confirmed that the accessory building will be used for personal use only and there is another two (2) car garage which will house cars for daily use.
Motion to close Public Hearing Approve Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway. Moved by Councilmember Respess, seconded by Councilmember McCowan.
Ms. Morris read the Ordinance caption into public record.
Motion to Approve Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway. Moved by Mayor Pro Tem Valentine, seconded by Councilmember McCowan.
Vote to Approve Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway. (Approved)
3. Consider Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR); an area located at the southeast corner of Polk Street and Wintergreen Road; Applicant: Michael Hampton; Owner: Ron Cornelius; and adopting Ordinance.
Click Here to View E.3. Management Report
Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.
Motion to open Public Hearing Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) Moved by Councilmember Respess, seconded by Mayor Pro Tem Valentine.
Council discussion regarding contact being made with Homeowners Associations in the area of the proposed change in zoning; changing zoning from Single Family (SF) to General Retail (GR) and the future land use plan as well as the concerns as to why only of a portion of the land is being asked for re-zoning. It should be noted that the owner is willing to request rezoning of entire property. Also discussed was the initial zoning (GR) when the property was initially purchased and distance requirements as it relates to the church.
The following citizens requested to speak in regards to this topic: Ron Cornelius (applicant), 1608 N. State Highway 161, Grand Prairie, Texas; Patrick Harvey (representative of God's Exciting Cathedral of Praise Baptist Church), 1010 Huntington, Duncanville, Texas; Linda Bailey, 920 Manor Drive, DeSoto, Texas.
Motion to close Public Hearing Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) Moved by Councilmember Respess, seconded by Councilmember McCowan.
Councilmember Zander stated that he would like to see the applicant present to the City Council an application to rezone the entire property in that the citizens may have a voice in the zoning of the entire property.
Mayor Sherman stated that there is a business need for more tax dollars to lower the burden to the citizens and applauds economic development growth; however, he does not have enough information to make a decision to rezone this area.
Councilmember McCowan commented that a statement was made that the residential zoning reduces the value of the property. Ms. McCowan has a belief that the rezoning of this propert will reduce the value of citizens' residential property. With that being said, Councilmember McCowan's judgement comes in support of the citizens and the concern that their property values will decrease with the rezoning of this area.
Councilmember Sandy Respess commented on the fact that the City Council approved a project simular (Westmoreland and Belt Line), and it is also in close proximity to schools. However, Council agreed the best use of the land is General Retail (GR). Councilmember Respess reminded everyone that the first consideration is to make this piece of property GR which opens the door to GR zoning. A convenience store will require a Special Use Permit (SUP) which would require another decision and finds it difficult to object based upon GR only.
Mayor Pro Tem Valentine commented that this neighborhood has a special condition; Light Industrial (LI) land use is next to this community. Mayor Pro Tem also commented that while completing the Comprehensive Plan, they did not see the residential growth it has today nor the two (2) churches that are now in this neighborhood. She also pointed out that there are other uses that are Single Family zoning friendly and less disturbing to the neighborhood (i.e. Neighborhood Services).
Joe Gorfida, City Attorney, commented that the decision at this point is whether or not the Council desires to zone this particular property General Retail.
Councilmember Lebetter discussed her concerns with the area being "carved out" of a larger area which is owned by the same owner and echoed Mayor Pro Tem Valentine's comments about another use for the location. She indicated that she would like to see another consideration for the full piece of property.
Ms. Morris read the Ordinance into public record.
Motion to Approve Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) Moved by Councilmember Respess, seconded by Councilmember Ledbetter.
Vote to Approve Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) (Declined)
4. Consider Zoning Case Z-1253-12; a Specific Use Permit (SUP) to allow a convenience store with gasoline at the southeast corner of Polk Street and Wintergreen Road; Applicant: Michael Hampton; Owner: Ron Cornelius; and adopting Ordinance.
Click Here to View E.4. Management Report
Mayor Sherman asked the applicant if it was his desire to withdraw this item as the previous item did not pass. The applicant chose to withdraw his item. Note: There were several requests from citizens to speak on this agenda item; however, since it was withdrawn, there is not a need for public comment.
F. REGULAR AGENDA - PART 2 - New Business
1. Consider an Ordinance amending the Code of Ordinances - Chapter 8 "Offenses and Nuisances" setting forth residency requirements for Registered Sex Offenders.
Click Here to View F.1. Management Report
Ms. Morris read the agenda caption and introduced Assistant Police Chief, Robert Lee, who presented the staff report.
Council discussion regarding offenders who currently live in the restricted zones being "grandfathered"; clarification provided as to if a person is currently living (and owns a home) in a restricted area and is incarcerated for a sexual offense and released back to the home in the restricted area; age requirements and the exceptions; and, the total number of registered sex offenders in the City of DeSoto.
Ms. Morris read the Ordinance into public record.
Motion to approve an Ordinance amending the Code of Ordinances, Chapter 8, "Offenses and Nuisances" by adding Article 8.200, titled "Registered Sex Offenders" setting forth residency regulations within city limits for registered sex offenders. Moved by Councilmember McCowan, seconded by Councilmember Ledbetter.
Vote to approve an Ordinance amending the Code of Ordinances, Chapter 8, "Offenses and Nuisances" by adding Article 8.200, titled "Registered Sex Offenders" setting forth residency regulations within city limits for registered sex offenders. (Approved)
G. REGULAR AGENDA - Old Business
H. CITIZEN APPEARANCES
The following citizen requested to speak before the City Council:
Debbie Hicks
DeSoto, Texas
It should be noted that the letter "I", Items of Community Interest, was erroneously deleted by the Granicus system and therefore, community interest items will be noted under citizens appearances.
Councilmember James Zander discussed Concerned DeSoto Citizens' event, Bowling for Scholars, on Saturday from 11am-1pm, at DeSoto AMF Lanes. Please call 469-446-3856 for more information.
Councilmember Respess announced that the DeSoto Public Library is offering 6 week Spanish classes for adults beginning on Tuesday evenings, April 2 through May 7, 2013. Classes begin at 6pm and end at 7:30pm. Textbooks are on sale for $10 and can be purchased from the teacher at the first class. The class is taught by Erica Kennard. Class is limited to 20 people. Registration begins March 26, 2013. Please call 972-230-9661. Computer classes are being offered April 3-4, 2013. Registration begins March 27, 2013.
Councilmember Ledbetter announced the Easter Egg Hunt on March 23, 2013, at Zeiger Park from 9am until 11am. Free admission. Bring your Easter basket.
Mayor Pro Tem Valentine announced the 3rd annual "No More" symposium at McCowan Middle School on April 6, 2013 at 10am. The subject: No more bullying, no more drugs and no more gangs. Please call Dr. Willie Sublet at 817-919-0216. Information can also be reviewed on the City of DeSoto website.
Councilmember Proctor announced that the Dallas Black Dance Theater will be performing at the Fred Nichols Auditorium at DeSoto High School on Saturday, April 13, 2013, at 3pm. For more information and tickets, visit
www.artsdesoto.com
.
J. ADJOURNMENT OF REGULAR SESSION
Mayor Sherman adjourned the meeting at 8:48pm.
K. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
1. Executive Session: Pursuant to Section 551.074 Personnel Matters: Annual Performance Review of the Municipal Judge.
The City Council convened into Executive Session at 9:07pm
2. Action resulting from the Executive Session.
None.
No action taken. Meeting adjourned at 10:19pm.
Mar 05, 2013 City Council Meeting 2013-03-05
Full agenda
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Full agenda
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A. WORK SESSION
Roll Call: 6 members present, 1 members absent, 0 members excused.
Mayor Sherman called the meeting to order at 6:08pm.
1. Review of Master Agenda by City Manager.
City Manager Richardson reviewed the items on the Master Agenda. He highlighted dates for the Boards and Commissions interviews, Boards and Commissions Banquet and noted dates on the Budget Calendar that was distributed. Dr. Richardson also announced there will be a groundbreaking ceremony on March 8, 2013, at 2pm for the Heliport.
Councilmember Ledbetter inquired about the City Council Summer Retreat which is typically held in June. Dr. Richardson indicated that a proposed date for the summer retreat will be distributed next month.
2. Discussion of Regular Agenda items.
Dr. Richardson noted a correction for Public Hearing agenda item E.1. Specifically, the City Council will be considering a Resolution instead of an Ordinance.
3. Discussion regarding process that will be used in updating the Comprehensive Plan.
Tom Johnson, Managing Director, Development Services and Edlyn Vatthauer, Planning Manager, gave a brief overview of the Comprehensive Plan, to include the process, timeline and preparing amendments. Council discussion regarding whether the old Hampton Road Redevelopment Project would be included in this plan and how would the individuals who were appointed by Council to the Comprehensive Plan Steering Committee be notified of the dates. Staff indicated that the Hampton Road Redevelopment Project would be included and a copy of the powerpoint with dates would be distributed.
Councilmember James Zander arrived at the meeting at 6:25pm.
Roll Call: 7 members present, 0 members absent, 0 members excused.
Mayor Sherman adjourned the meeting at 6:26pm.
B. REGULAR SESSION - CALL TO ORDER
Roll Call: 7 members present, 0 members absent, 0 members excused.
Mayor Sherman called the meeting to order at approximately 7:00pm.
1. Invocation by: Josef Rasheed, Crossroads Covenant Church
2. Pledge of Allegiance led by Mayor Pro Tem Denise Valentine
3. Introduction of Ambassador: Yun "Chrystal" Chen, Library Department
Crystal Chen attended DeSoto High School and graduated from Amherst College. She received a Masters of Fine Arts degree from the State University of New York at New Paltz and is currently a circulation clerk at the DeSoto Public Library. Crystal is a printmaker and book artist and has exhibited work in the Times Square Gallery in New York City, at SGC International Conference, and in traveling exhibitions in Taiwan and Argentina. She has traveled to Mexico, China, England and Italy and hopes to one day visit Iceland and New Zealand. In her spare time, she likes to read, make art, and play with a ferocious 17 pound Pomeranian puppy named Koda.
C. PRESENTATIONS
None.
F. REGULAR AGENDA - PART 1 - ELECTION PROTOCOL
1. Presentation of Certificate of Election to newly elected City Councilmember Place 4 per the Texas Election Code.
Click Here to View F.1. Part 1 - Management Report
Ms. Morris read the agenda item and introduced Mayor Carl Sherman who presented the Certificate of Election to incoming Councilmember Rachel Proctor.
2. Conduct Oath of Office for newly elected City Councilmember Place 4 per the Texas Constitution.
Click Here to View F.2. Part 1 - Management Report
Ms. Morris read the agenda caption and performed the Oath of Office for newly elected City Councilmember, Place 4, Rachel Proctor.
D. CONSENT AGENDA Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager.
Ms. Morris submitted for consideration minutes from the DeSoto City Council, Civil Service Commission and DeSoto Economic Development Corporation.
Motion to approve items as submitted. Moved by Councilmember Respess, seconded by Councilmember McCowan.
Vote to approve items as submitted. (Approved)
1. Approval of City Council Minutes
a. Regular Meeting - 02-19-13
Click Here to View 2013-02-19 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Arts Commission - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - 01-14-13, 02-11-13
Click Here to View 2013-01-14 Civil Service Meeting Minutes
Click Here to View 2013-02-11 Civil Service Meeting Minutes
d. DeSoto Economic Development - 01-14-13
Click Here to View 2013-01-14 DEDC Meeting Minutes
e. DeSoto, Texas Historical Foundation - N/A
f. Keep DeSoto Beautiful - N/A
g. Library Advisory Board - N/A
h. Park Development Corporation - N/A
i. Planning and Zoning - N/A
j. Zoning Board of Adjustment - N/A
3. Other Items
a. None.
E. PUBLIC HEARINGS
1. Consider Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed Collector Street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a Collector Street from Abbott Avenue; Applicant: City of DeSoto; and adopting Ordinance.
Click Here to View E.1. Management Report
Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.
Motion to open Public Hearing Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue
Moved by Councilmember Respess, seconded by Mayor Pro Tem Valentine.
Council discussion regarding the City of DeSoto's ownership of the right-of-way and the Texas Turnaround at Belt Line and I-35 as the access road until there is a need for a traffic signal (i.e. future development).
Motion to close Public Hearing Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue
Moved by Councilmember Respess, seconded by Mayor Pro Tem Valentine.
Motion to Approve Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue.
Moved by Councilmember Zander, seconded by Councilmember Ledbetter.
Vote to Approve Case CP-008-13, an amendment to the Comprehensive Plan, amending the Thoroughfare Plan by removing the proposed collector street located between 515 North I-35E and 629 North I-35E, as well as removing the designation as a collector street from Abbott Avenue.
(Approved)
2. Consider Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway; containing one (1) lot and consisting of 0.46 acres; Applicant: Herman Brown; Owner: Mel Jackson; and adopting Ordinance.
Click Here to View E.2. Management Report
Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.
Motion to open Public Hearing Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway Moved by Councilmember McCowan, seconded by Councilmember Respess.
Council discussion regarding the responses received from the public notices that were mailed; of the three notices returned, only one (1) was received in favor which was the applicant; the structure not impeding any views; storage of a private collection of classic cars; and meeting masonry requirements. The applicant, Herman Brown, who resides at 1436 Country Ridge, DeSoto, Texas, confirmed that the accessory building will be used for personal use only and there is another two (2) car garage which will house cars for daily use.
Motion to close Public Hearing Approve Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway. Moved by Councilmember Respess, seconded by Councilmember McCowan.
Ms. Morris read the Ordinance caption into public record.
Motion to Approve Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway. Moved by Mayor Pro Tem Valentine, seconded by Councilmember McCowan.
Vote to Approve Zoning Case Z-1250-12; a Specific Use Permit (SUP) to allow an accessory building at 1213 The Meadows Parkway. (Approved)
3. Consider Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR); an area located at the southeast corner of Polk Street and Wintergreen Road; Applicant: Michael Hampton; Owner: Ron Cornelius; and adopting Ordinance.
Click Here to View E.3. Management Report
Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.
Motion to open Public Hearing Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) Moved by Councilmember Respess, seconded by Mayor Pro Tem Valentine.
Council discussion regarding contact being made with Homeowners Associations in the area of the proposed change in zoning; changing zoning from Single Family (SF) to General Retail (GR) and the future land use plan as well as the concerns as to why only of a portion of the land is being asked for re-zoning. It should be noted that the owner is willing to request rezoning of entire property. Also discussed was the initial zoning (GR) when the property was initially purchased and distance requirements as it relates to the church.
The following citizens requested to speak in regards to this topic: Ron Cornelius (applicant), 1608 N. State Highway 161, Grand Prairie, Texas; Patrick Harvey (representative of God's Exciting Cathedral of Praise Baptist Church), 1010 Huntington, Duncanville, Texas; Linda Bailey, 920 Manor Drive, DeSoto, Texas.
Motion to close Public Hearing Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) Moved by Councilmember Respess, seconded by Councilmember McCowan.
Councilmember Zander stated that he would like to see the applicant present to the City Council an application to rezone the entire property in that the citizens may have a voice in the zoning of the entire property.
Mayor Sherman stated that there is a business need for more tax dollars to lower the burden to the citizens and applauds economic development growth; however, he does not have enough information to make a decision to rezone this area.
Councilmember McCowan commented that a statement was made that the residential zoning reduces the value of the property. Ms. McCowan has a belief that the rezoning of this propert will reduce the value of citizens' residential property. With that being said, Councilmember McCowan's judgement comes in support of the citizens and the concern that their property values will decrease with the rezoning of this area.
Councilmember Sandy Respess commented on the fact that the City Council approved a project simular (Westmoreland and Belt Line), and it is also in close proximity to schools. However, Council agreed the best use of the land is General Retail (GR). Councilmember Respess reminded everyone that the first consideration is to make this piece of property GR which opens the door to GR zoning. A convenience store will require a Special Use Permit (SUP) which would require another decision and finds it difficult to object based upon GR only.
Mayor Pro Tem Valentine commented that this neighborhood has a special condition; Light Industrial (LI) land use is next to this community. Mayor Pro Tem also commented that while completing the Comprehensive Plan, they did not see the residential growth it has today nor the two (2) churches that are now in this neighborhood. She also pointed out that there are other uses that are Single Family zoning friendly and less disturbing to the neighborhood (i.e. Neighborhood Services).
Joe Gorfida, City Attorney, commented that the decision at this point is whether or not the Council desires to zone this particular property General Retail.
Councilmember Lebetter discussed her concerns with the area being "carved out" of a larger area which is owned by the same owner and echoed Mayor Pro Tem Valentine's comments about another use for the location. She indicated that she would like to see another consideration for the full piece of property.
Ms. Morris read the Ordinance into public record.
Motion to Approve Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) Moved by Councilmember Respess, seconded by Councilmember Ledbetter.
Vote to Approve Zoning Case Z-1252-12; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) (Declined)
4. Consider Zoning Case Z-1253-12; a Specific Use Permit (SUP) to allow a convenience store with gasoline at the southeast corner of Polk Street and Wintergreen Road; Applicant: Michael Hampton; Owner: Ron Cornelius; and adopting Ordinance.
Click Here to View E.4. Management Report
Mayor Sherman asked the applicant if it was his desire to withdraw this item as the previous item did not pass. The applicant chose to withdraw his item. Note: There were several requests from citizens to speak on this agenda item; however, since it was withdrawn, there is not a need for public comment.
F. REGULAR AGENDA - PART 2 - New Business
1. Consider an Ordinance amending the Code of Ordinances - Chapter 8 "Offenses and Nuisances" setting forth residency requirements for Registered Sex Offenders.
Click Here to View F.1. Management Report
Ms. Morris read the agenda caption and introduced Assistant Police Chief, Robert Lee, who presented the staff report.
Council discussion regarding offenders who currently live in the restricted zones being "grandfathered"; clarification provided as to if a person is currently living (and owns a home) in a restricted area and is incarcerated for a sexual offense and released back to the home in the restricted area; age requirements and the exceptions; and, the total number of registered sex offenders in the City of DeSoto.
Ms. Morris read the Ordinance into public record.
Motion to approve an Ordinance amending the Code of Ordinances, Chapter 8, "Offenses and Nuisances" by adding Article 8.200, titled "Registered Sex Offenders" setting forth residency regulations within city limits for registered sex offenders. Moved by Councilmember McCowan, seconded by Councilmember Ledbetter.
Vote to approve an Ordinance amending the Code of Ordinances, Chapter 8, "Offenses and Nuisances" by adding Article 8.200, titled "Registered Sex Offenders" setting forth residency regulations within city limits for registered sex offenders. (Approved)
G. REGULAR AGENDA - Old Business
H. CITIZEN APPEARANCES
The following citizen requested to speak before the City Council:
Debbie Hicks
DeSoto, Texas
It should be noted that the letter "I", Items of Community Interest, was erroneously deleted by the Granicus system and therefore, community interest items will be noted under citizens appearances.
Councilmember James Zander discussed Concerned DeSoto Citizens' event, Bowling for Scholars, on Saturday from 11am-1pm, at DeSoto AMF Lanes. Please call 469-446-3856 for more information.
Councilmember Respess announced that the DeSoto Public Library is offering 6 week Spanish classes for adults beginning on Tuesday evenings, April 2 through May 7, 2013. Classes begin at 6pm and end at 7:30pm. Textbooks are on sale for $10 and can be purchased from the teacher at the first class. The class is taught by Erica Kennard. Class is limited to 20 people. Registration begins March 26, 2013. Please call 972-230-9661. Computer classes are being offered April 3-4, 2013. Registration begins March 27, 2013.
Councilmember Ledbetter announced the Easter Egg Hunt on March 23, 2013, at Zeiger Park from 9am until 11am. Free admission. Bring your Easter basket.
Mayor Pro Tem Valentine announced the 3rd annual "No More" symposium at McCowan Middle School on April 6, 2013 at 10am. The subject: No more bullying, no more drugs and no more gangs. Please call Dr. Willie Sublet at 817-919-0216. Information can also be reviewed on the City of DeSoto website.
Councilmember Proctor announced that the Dallas Black Dance Theater will be performing at the Fred Nichols Auditorium at DeSoto High School on Saturday, April 13, 2013, at 3pm. For more information and tickets, visit
www.artsdesoto.com
.
J. ADJOURNMENT OF REGULAR SESSION
Mayor Sherman adjourned the meeting at 8:48pm.
K. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
1. Executive Session: Pursuant to Section 551.074 Personnel Matters: Annual Performance Review of the Municipal Judge.
The City Council convened into Executive Session at 9:07pm
2. Action resulting from the Executive Session.
None.
No action taken. Meeting adjourned at 10:19pm.
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