Video index
A. WORK SESSION
Mayor Waddle called the Work Session to order at 6:00 p.m. in the Council Conference Room.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Review of Master Agenda by City Manager.
City Manager Baugh stated the Interim Management of Youth Football for the Fall 2007 Program will be discussed at the June 19, 2007 Council Work Session.
2. Discussion of Regular Agenda items.
3. Discussion about the City's acquisition of Historical Nance Farm and the public input received at the 6/2/07 Public Meeting.
Mayor Waddle felt there was a great discussion by the participants in support of the purchase and to be mindful of every one concerned. Councilmember Sherman thought the participants seemed to be very receptive to all the history. The Mantlebrook Home Owners Association (HOA) will hold a meeting on June 12, 2007 in Bluebonnet Room #2 at 6:30 p.m. to discuss the purchase and useage of the property. Councilmember Williams felt the overall input was positive, however, he was disappointed in the poor attendance from the HOA. He feels it is important for the residents to participate now, rather than waiting until the decisions are made, and then coming forward. It is important for the neighborhood to indicate how they want Nance Farm used. Councilmember Valentine agreed that attendance is needed now to talk now, not later, about the usage and logistics. Councilmember Helm was pleased with the meeting and the way people see the project; need uses that fit and do not damage building and grounds; feels that everyone readily supported the project. Mayor Waddle said it was good to have the Nance family in attendance and feels they realize the City has done due diligance with researching the project. Another meeting will be scheduled and posted for the Bluebonnet Rooms to have interchange with other participants. City Manager Baugh said it looks like the City will buy the property and it needs to be used for something; need to discuss the specific issues such as hours of operation, parking, etc. Councilmember Respess asked how much parking is or could be reasonably accommodated on the property. City Manager Baugh will research and provide an estimate to Council. Councilmember Valentine asked about the method of advertising/notification to the HOA. Councilmember Williams advised that flyers will be distributed about the special called meeting for the HOA on this issue. City Manager Baugh said Tracie Hlavinka and HOA President Jim Strom were also working on notification. Mayor Waddle said a decision will need to be made by July 3rd.
4. Provide update on regulatory issues related to Red Light Camera Enforcement Program, vendor selection process and recommendation from staff.
Tom Johnson, Managing Director of Development Services, provided a presentation and stated the Texas Legislature had somewhat changed the way the City had been looking at this subject. City Manager Baugh said in his professional opinion, the program would not be monitarily worth it with the legislative changes. Mr. Johnson said they requested vendor proposals and each vendor indicated that if the City changed there mind and equipment installation they would remove the equipment at no cost to the City. If the Governor signs the legislation, it would be in effective on September 1, 2007. City Attorney Smith stated 50% of the net revenue amount, after paying everyone, would go to the State. Mayor Waddle stated he personally felt it was a safety issue and if even one person were saved, it would be worth it. Richard Rozier, representing a company that installs the equipment, said the cost would be $70,000 per intersection and maybe more because of the traffic study. City Manager Baugh stated the topic would be brought back to Council for consideration.
Mayor Waddle recessed the meeting at 6:00 p.m. Council will reconvene into Regular Session in the Council Chambers.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the Regular Session to order at 7:00 p.m. in the Council Chambers.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Annette Meehan, First Christian Church
2. Pledge of Allegiance led by Mayor Pro Tem Thelma Clardy
3. Ambassador: Twana Burrow, SWRCC
C. PRESENTATIONS
Councilmember Williams read the Flag Day Proclamation into the Public Record.
1. Presentation of Proclamation in recognition of Best Southwest Juneteenth Celebration.
Councilmember Clardy read the Proclamation to the audience. Committee members for the 5th Annual Best Southwest Juneteenth Celebration were introduced. Carolyn Campbell, City of DeSoto; Carolyn Kelly, City of DeSoto; Vernon Pellum, City of Lancaster; and Norm Whitlow, City of Lancaster.
2. Recognition of Curtistene McCowan’s receipt of a 2007 Outstanding Texan Award from the Texas Legislative Black Caucus.
The presentation will be rescheduled for a future Council meeting.
3. Presentation of DeSoto Civic Academy Certificates.
Mayor Waddle, Councilmember Helm, and Tracie Hlavinka, Community Initiatives Manager, introduced and presented Certificates of Graduation to the Ninth Civic Academy Class. The 25 Graduates include: Nathaniel Broussard, Janice Buckles, George Carter, O'Faira Carter, Victoria Catuncan, Rudy Espiritu, Ethel Howard, Cheryl Davis Humphrey, Carl Edward Johnson, Floristene Johnson, Tina Kindred, Joe Kindred, Holly Beth Otey, Duane A. Otey, Lorraine Ramos, Melvin Ramos, Lawrence Randle, Brenda Randle, Cheryl Rischer, Marie Rourke, Thomsa Rourke, Don Wendt, Judy Wendt, Joanne Westbrook, and Ruthelle Wilson.
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.
City Secretary Shipman announced that the minutes document for a DeSoto Economic Development Corporation Board meeting was included in the Agenda Packet, but was not posted to the Agenda. Therefore the document will be submitted for consideration at the next Council meeting on June 19, 2007.
1. Approval of City Council Minutes
a. Regular Meeting - 05-22-07
Click Here to View 05-22-07 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - 04-23-07
Click Here to View 04-23-07 DEDC Minutes
e. Library Board - 04-04-07
Click Here to View 04-04-07 Library Board Minutes
f. Park Development Corporation - 04-02-07
Click Here to View 04-02-07 Park Development Minutes
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - N/A
j. Zoning Board of Adjustment - N/A
3. Ordinances and Resolutions No items scheduled for this Agenda.
4. Contracts and Agreements No items scheduled for this Agenda.
5. Other Consent Items
a. Consider the Confirmation of a Reserve Police Officer.
Click Here to View D.5.a. Management Report
Motion to approve the Consent Agenda as presented. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve the Consent Agenda as presented. (Approved)
E. PUBLIC HEARINGS
1. Consider Case Z-1103-07; to Revise the Comprehensive Zoning Ordinance to add "Public Entry Features" to Section 43, Supplemental Regulations; Applicant: City of DeSoto.
City Secretary Shipman read the caption of Public Hearing E.1. into the public record.
Click Here to View E.1. Management Report
Motion to open this Public Hearing Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to open this Public Hearing (Approved)
Linda Zombeck, Senior Planner, provided excerpts from the staff management report and a visual presentation
Motion to close this Public Hearing. Moved by Councilmember Valentine, seconded by Councilmember Sherman.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item as presented and to adopt Ordinance 1725-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve the item as presented and to adopt Ordinance 1725-07. (Approved)
2. Consider Case Z-1106-07; an Amendment to Eagle Point Estates Planned Development 108 (PD-108) to allow Front Facing Garage Doors; an area north of Pleasant Run Road and west of Longmeadow Lane; consisting of approximately 44.19 acres and containing 64 lots; Applicant Blair Valk; Owners: Don Valk and Joan Ballard; and adopting Ordinance.
Click Here to View E.2. Management Report
City Secretary Shipman read the caption of Public Hearing E.2. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Helm.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff management report. Mr. Vatthauer announced that the applicant was not present at the opening of the Public Hearing, but would arrive shortly.
Discussion by Mr. Vatthauer and Councilmembers.
Applicant Blair Valk, 5613 Blue Bird Avenue, Dallas, Texas, provided a power point presentation for Eagle Point Estates that included photographs of forward facing garages in two comparable neighborhoods, Estates of Windmill Hill and The Ridge. Approximately 35% of the homes in Windmill Hill have front facing garages in combination with a breezeway (porte cochere). Ms. Valk’s Builders advised it was a very popular design in the market. The presentation provided examples a single front entry and double side entry garages with a wing wall and/or breezeway. Ms. Valk stated the Builders do not see this as a lesser product or negative design but as something that is marketable to consumers. Discussion of percentages by Councilmember Sherman and Ms. Valk. Discussion by Councilmember Valentine and Ms. Valk regarding the garages and screening materials. Councilmember Clardy asked for clarification of the screening material. Ms. Valk would prefer to use masonary. Mayor Waddle asked Ms. Valk to discuss the finish on the garage doors. Ms. Valk referred to slides stating that a Mediterranean design house does not look good with a wood door and she did not want to limit the builders to use them or to tell their customers they could only use wood or stained garage doors. Mayor Waddle wanted to ensure that quality doors would be used. Ms. Valk summarized that Eagle Point is requesting to put in breezways in combination with a two-car forward facing garage and a one-car rear facing garage for a three-car garage, or vise-versa; and with the masonary wingwall scenario that screens a forward facing garage in combination with a side-entry garage. Councilmember Williams asked for clarification of the reference to fence or gate. Ms. Valk stated for Eagle Point, it would not be a requirement, but if that would please Council, she would have it written in as a requirement for the builders. Councilmember Valentine said she preferred a gate.
Motion to close this Public Hearing Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to close this Public Hearing (Approved)
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item as presented and to adopt Ordinance 1726-07. Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Councilmember Valentine stated she would like to add to the stipulations if she could get agreement for Planning and Zoning Stipulation 3. regarding the door of the front facing garage to add that a wing-wall is required where there is no breezway. She asked Councilmember Sherman if he would add that to his stipulations. Mayor Waddle asked about including a stipulation that a front facing garage must have a stained wood veneer door and a replacement door would need to be the something similar. Councilmember Williams said a wood garage door was his preference also. The last time front facing garages were discussed the issue was the garage door would be constructed or wood or simulated wood and it was a stipulation to allow front facing garages. Discussion followed. He is in favor of stipulating a wood or wood appearing garage door if front facing. Councilmember Respess said it seems we are giving builders within this planned development, some addtional options in the design of the homes. He is hesitant to further limit the materials of construction, or appearance they can use and feels what they are requesting, seems to be in conformance with upper-end designs that are coming up all over the market. As time passes, things decay and he would also like to know that the doors would be restored to what it was when originally built. City Attorney Smith said the Home Owners Association (HOA) would handle that issue. Councilmember Sherman said this is a private gated community and he feels the market would take care of that issue along with the HOA.
Mayor Waddle restated that Councilmember Valentine added a stipulation and that Councilmember Sherman and Mayor Pro Tem Clardy both accepted the stipulation to their motion and second.
Mr. Vatthauer clarification that a wing wall would only be provided with a j-swing for the front facing garage and not provided with the porte cochere. Councilmember Valentine confirmed that was the correct stipulation.
Vote to approve the item as presented and to adopt Ordinance 1726-07. (Approved)
F. REGULAR AGENDA - New Business
1. Consider approval of an Ordinance authorizing the issuance of City of DeSoto, Texas Certificates of Obligation, Tax Exempt Series 2007A.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.1.
Camelia Browder, Managing Director of Finance, presented excerpts from the staff report.
Ms. Browder introduced Robert Dransfield, Bond Attorney with Fulbright and Jaworski, and Jim Sabonis, Financial Advisor and Senior Vice President with 1st Southwest, were in the audience.
Mayor Pro Tem Clardy left the dais at 8:19 p.m. and returned at 8:22 p.m.
Mr. Sabonis addressed Council and reviewed the Summary of the Sale notebook that was distributed to each Councilmembers.
Councilmember Respess asked what was the amount of the taxable vs the tax exempt. Mr. Sabonis stated the Capital Improvement Program rated $5.9 million dollars for the structured parking facilities and $1 million dollars for the equipment in general City funds. Bob Dransfield and Fulbright & Jaworski Tax Counsul in conjunction with the City Attorney Pete Smith, City Manager Jim Baugh, and Finance Director Camelia Browder determined that the appropriate split would be a 50/50 split between a taxable and tax exempt, therefore the $5.9 million was split 50/50 because there are private and public aspects related to how the parking be used. Example: West Village and Mockingbird Station have general free parking that wants to go into retail and some parking set aside for potential residents or retailers. The $5.9 million dollars is split in half and the $1 million is also tax exempt.
Mr. Sabonis stated the leadership of this community, the elected officials and staff, did a wonderful job and it is reflected when an independent party reviews it, and ultimately it is important decision because it means a lower cost and lower taxes.
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item and to adopt Ordinance 1727-07. Moved by Mayor Waddle, seconded by Councilmember Valentine.
Vote to approve the item and to adopt Ordinance 1727-07. (Approved)
2. Consider approval of an Ordinance authorizing the issuance of City of DeSoto, Texas, Certificates of Obligation, Taxable Series 2007A.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.2.
City Manager Baugh said this item is the other half of what was just approved and felt additional discussion was not required.
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item as presented and to adopt Ordinance 1728-07. Moved by Councilmember Valentine, seconded by Councilmember Respess.
Vote to approve the item as presented and to adopt Ordinance 1728-07. (Approved)
3. Consider award of contract for supply and installation of new Public Safety Radio System at the Southwest Regional Communications Center (SWRCC).
Click Here to View F.3. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.3.
Tim Smith, Managing Director of Southwest Regional Communicaiton Center presented excerpts from the staff report.
Steve Macke, 4608 Amber Drive, McDonough, Ga., with Public Safety Radio Network, was available in the audience for questions.
Mayor Pro Tem Clardy questioned the cost of Cedar Hill's radios. Mr. Smith said Cedar Hill has the least amount of radios and payment is based on the number of radios. City Manager Baugh provided additional explanation.
Motion to approve the item as presented. Moved by Councilmember Williams, seconded by Councilmember Helm.
Vote to approve the item as presented. (Approved)
4. Consider the approval of the Justice Assistance Grant Funds Sharing Agreement and the Fiscal Agency Agreement between the County of Dallas and the City of DeSoto.
Click Here to View F.4. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.4.
Police Chief Brodnax presented excerpts from the staff management report.
Motion to approve the item as presented Moved by Mayor Pro Tem Clardy, seconded by Councilmember Helm.
Vote to approve the item as presented (Approved)
G. REGULAR AGENDA - Old Business
No items scheduled.
H. CITIZEN APPEARANCES
Terri Bell, 833 Clear Creek Drive, DeSoto, speaking on behalf of the DeSoto Cowboys, serves as the Executive Director of the newly formed Best Southwest Football and Cheerleading Association. Ms. Bell congratulated the newly elected Mayor and Councilmembers stating she looks forward with great anticipation to all the good work they will do in colaboration with the remaining members. This is her fourth year with the DeSoto Cowboys and they have 120 children that participate with the organization every year. She expressed her extreme satisfaction with the growth and success of the League during the 2006 year and her enthusiasm for the 2007 season under the leadership of the newly formed league. She thanked the Council for the continued support and she looks forward to working with the newly selected Director of Park and Leisure Services to make this season a dynamic and memorable one for our children.
Darian Powell, 1906 Berkeley Drive, Glenn Heights, President of the DeSoto Longhorn Football and Cheerleading. He congratulated the new members, Mayor Waddle, Councilmember Valentine, and Councilmember Respess. He looks forward to working with the new Director.
Shayler Henderson, 1742 Rock Ridge Drive, Cedar Hill, President of the DeSoto Bears Youth Organization, this is their inaugural season. He extended congratulations to the Mayor and newly elected Councilmembers and stated that they look forward to working with the City and the Parks and Recreation Director on the upcoming football season.
Myron Turner, 1346 Thunderbrook Drive, DeSoto, President of the DeSoto Raiders, and they are willing to work with everyone. He was happy with the way things were going last season, but this season, they have more faith in the Board, and will have an even better season, and the Best Southwest looks forward to working with Council and the Park Board for a wonderful season with the kids. They are excited and look forward to working with Council.
Ferdinand Smith, 604 Vanilla Court, DeSoto, stated this is his inaugral year with Best Southwest and he was attracked to this league because they are very organized and everyone was on point. He looks forward to working with DeSoto with his new team, the DeSoto Buckaneers.
Byron Sanders, 805 Andalusia Trail, Executive Director of the DeSoto Colts, said he was looking foreward to working with Council and the new Parks Director. All the parents and kids love the facilities and enjoy the comradery with the other teams and the network of Boardmembers.
Bishop Gordon, 904 St. George, DeSoto, extended congratulations to Mayor Waddle and Councilmembers Valentine and Respess. He is the Vice President of the Best Southwest Football League, and looks forward to working with the new director. He is glad to be a part of it because of the children. He hopes they can all work together and make it happen.
Calvin Ford, 817 Quail Run, Lancaster, President of DeSoto Pathers Youth Football Organization. He congratulated the new members of the Council and thanked the entire Council for the time they have given. The Panthers have been a part of youth football for 18 seasons. Last year was a great year for them and they look forward to this year. They have comradery and have done things to make the league better.
Brennan Morrison, 1040 Granite Lane, DeSoto, with the Best Southwest Football and Cheerleading Association, and President of the DeSoto Saints Football Organization. They have been around for 14 years and this will be their third year back in DeSoto. Since coming back to DeSoto, he and the other Boardmembers made it a point to give as much back to the kids in this community to make sure they have something to do that is possitive. He thanked the Boardmembers that were here last year for accomplishing a big goal by taking out the Ordinance, everyone understands that it does not matter where a child lives, DeSoto, Dallas, or Cedar Hill, as long as we are doing something possitive for them, it makes a difference in the world. He wanted the Council to know that each member that spoke to you from the Football Organization is here and decicated to make sure that we make a difference in the kids lives. Each member takes money out of their own households to make sure that we do something possitive for these kids. We are here faithfully and truly in the best interest of these kids and we hope to have a pleasant working relationship with you.
I. ANNOUNCEMENTS
Councilmember Sherman announced that DeSoto High School Coach Willie Roy Beal, Jr. lost his father Willie Roy Beal, Sr. Mr. Beal, Sr. was 81 years old and served as a Gospel Preacher in the Dallas County area for over 40 years with a spirit of encouragement and he also served in the United States Marine Corps. He extended condolences to the family.
Mayor Waddle announced the 3rd Annual Great Days of Service event sponsored by the area churches of Community Missionary Baptist Church, Dallas First Church of the Nazarene, First Baptist Church, First United Methodist Church, Church of the Disciple, Crossroads Covenant Church, Faith Bible Church, First Christian Church, and Hampton Road Baptist Church. An Appreciation Luncheon will be held on June 21, 2007, in the DeSoto Town Center Bluebonnet Rooms for all City of DeSoto Employees, including Police and Fire Rescue, DeSoto ISD Employees, DeSoto Postal Employees, and elected City and DISD Officials.
Mayor Waddle read a prepared statement regarding the circulation of a petition for the sale of alcoholic beverages in DeSoto.
"I would like to take this opportunity to let the community know of an activity taking place in DeSoto.
Many of you by now may have been approached in grocery stores or other locations in DeSoto
to sign a petition placing two propositions on the ballot for consideration on November 6, 2007.
There is currently an effort, sponsored by developers, corporate offices of local retail stores,
and other retail stores considering locating in DeSoto, to place before the community two questions
relative to the sale of beer and wine in DeSoto.
These questions are:
1.
Should we allow beer and wine to be sold in grocery stores and convenience stores
for off premise consumption in DeSoto?
2.
Should we do away with the UniCard system currently in use in some local restaurants
by allowing restaurants to sell beer, wine and mixed drinks to their dining customers?
While members of the City Council may hold opinions on these questions, the process currently underway
is not financed by the City.
In fact, it is inappropriate to use public funds for such an effort.
However,
the process currently underway in DeSoto is designed to be open and fair to all involved and allows
for our community to make this decision through the great American right- THE VOTE at the ballot box.
So, it might be helpful at this time to briefly go over the process, as prescribed by law.
Executive Summary: Local Option Elections
for the Sale of Alcoholic Beverages
June 5, 2007
Ten or more registered voters of the City file a written application and provide proof of publication
in a newspaper of general circulation within the City with the County Clerk who then issues
a petition to be circulated for signatures.
The “issue” (type of alcohol election) to be voted on must be clearly stated in the application
and in the petition.
The legal sale of beer and wine for off-premise consumption only and the legal sale
of mixed beverages in restaurants by food and beverage certificate holders are
two of the types of elections specified by the statute.
Separate petitions are circulated
for each type of election.
The petition is circulated for signatures and must be filed with the County Voter Registrar
not later than the 60
th
day after the date the petition was originally issued.
The petition must be signed by a number of registered voters in the City
equal to at least 35 percent of the registered voters in the City who voted
in the most recent gubernatorial election.
On or after the 30
th
day following the date the petition is filed,
the Commissioners Court orders a local option election to be held
in the City on the specific type of election set out in the petition.
The election would be held in the City on November 6, 2007.
While the City of DeSoto is not financing this process, it does support the notion that on such issues
it is proper to provide the opportunity, through the process just described, for citizens in our community
to have the opportunity to vote their conviction in addressing these two questions".
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
No items scheduled.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at 9:16 p.m.
Jun 05, 2007 City Council Meeting 2007-06-05
Full agenda
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A. WORK SESSION
Mayor Waddle called the Work Session to order at 6:00 p.m. in the Council Conference Room.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Review of Master Agenda by City Manager.
City Manager Baugh stated the Interim Management of Youth Football for the Fall 2007 Program will be discussed at the June 19, 2007 Council Work Session.
2. Discussion of Regular Agenda items.
3. Discussion about the City's acquisition of Historical Nance Farm and the public input received at the 6/2/07 Public Meeting.
Mayor Waddle felt there was a great discussion by the participants in support of the purchase and to be mindful of every one concerned. Councilmember Sherman thought the participants seemed to be very receptive to all the history. The Mantlebrook Home Owners Association (HOA) will hold a meeting on June 12, 2007 in Bluebonnet Room #2 at 6:30 p.m. to discuss the purchase and useage of the property. Councilmember Williams felt the overall input was positive, however, he was disappointed in the poor attendance from the HOA. He feels it is important for the residents to participate now, rather than waiting until the decisions are made, and then coming forward. It is important for the neighborhood to indicate how they want Nance Farm used. Councilmember Valentine agreed that attendance is needed now to talk now, not later, about the usage and logistics. Councilmember Helm was pleased with the meeting and the way people see the project; need uses that fit and do not damage building and grounds; feels that everyone readily supported the project. Mayor Waddle said it was good to have the Nance family in attendance and feels they realize the City has done due diligance with researching the project. Another meeting will be scheduled and posted for the Bluebonnet Rooms to have interchange with other participants. City Manager Baugh said it looks like the City will buy the property and it needs to be used for something; need to discuss the specific issues such as hours of operation, parking, etc. Councilmember Respess asked how much parking is or could be reasonably accommodated on the property. City Manager Baugh will research and provide an estimate to Council. Councilmember Valentine asked about the method of advertising/notification to the HOA. Councilmember Williams advised that flyers will be distributed about the special called meeting for the HOA on this issue. City Manager Baugh said Tracie Hlavinka and HOA President Jim Strom were also working on notification. Mayor Waddle said a decision will need to be made by July 3rd.
4. Provide update on regulatory issues related to Red Light Camera Enforcement Program, vendor selection process and recommendation from staff.
Tom Johnson, Managing Director of Development Services, provided a presentation and stated the Texas Legislature had somewhat changed the way the City had been looking at this subject. City Manager Baugh said in his professional opinion, the program would not be monitarily worth it with the legislative changes. Mr. Johnson said they requested vendor proposals and each vendor indicated that if the City changed there mind and equipment installation they would remove the equipment at no cost to the City. If the Governor signs the legislation, it would be in effective on September 1, 2007. City Attorney Smith stated 50% of the net revenue amount, after paying everyone, would go to the State. Mayor Waddle stated he personally felt it was a safety issue and if even one person were saved, it would be worth it. Richard Rozier, representing a company that installs the equipment, said the cost would be $70,000 per intersection and maybe more because of the traffic study. City Manager Baugh stated the topic would be brought back to Council for consideration.
Mayor Waddle recessed the meeting at 6:00 p.m. Council will reconvene into Regular Session in the Council Chambers.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the Regular Session to order at 7:00 p.m. in the Council Chambers.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Annette Meehan, First Christian Church
2. Pledge of Allegiance led by Mayor Pro Tem Thelma Clardy
3. Ambassador: Twana Burrow, SWRCC
C. PRESENTATIONS
Councilmember Williams read the Flag Day Proclamation into the Public Record.
1. Presentation of Proclamation in recognition of Best Southwest Juneteenth Celebration.
Councilmember Clardy read the Proclamation to the audience. Committee members for the 5th Annual Best Southwest Juneteenth Celebration were introduced. Carolyn Campbell, City of DeSoto; Carolyn Kelly, City of DeSoto; Vernon Pellum, City of Lancaster; and Norm Whitlow, City of Lancaster.
2. Recognition of Curtistene McCowan’s receipt of a 2007 Outstanding Texan Award from the Texas Legislative Black Caucus.
The presentation will be rescheduled for a future Council meeting.
3. Presentation of DeSoto Civic Academy Certificates.
Mayor Waddle, Councilmember Helm, and Tracie Hlavinka, Community Initiatives Manager, introduced and presented Certificates of Graduation to the Ninth Civic Academy Class. The 25 Graduates include: Nathaniel Broussard, Janice Buckles, George Carter, O'Faira Carter, Victoria Catuncan, Rudy Espiritu, Ethel Howard, Cheryl Davis Humphrey, Carl Edward Johnson, Floristene Johnson, Tina Kindred, Joe Kindred, Holly Beth Otey, Duane A. Otey, Lorraine Ramos, Melvin Ramos, Lawrence Randle, Brenda Randle, Cheryl Rischer, Marie Rourke, Thomsa Rourke, Don Wendt, Judy Wendt, Joanne Westbrook, and Ruthelle Wilson.
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.
City Secretary Shipman announced that the minutes document for a DeSoto Economic Development Corporation Board meeting was included in the Agenda Packet, but was not posted to the Agenda. Therefore the document will be submitted for consideration at the next Council meeting on June 19, 2007.
1. Approval of City Council Minutes
a. Regular Meeting - 05-22-07
Click Here to View 05-22-07 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - 04-23-07
Click Here to View 04-23-07 DEDC Minutes
e. Library Board - 04-04-07
Click Here to View 04-04-07 Library Board Minutes
f. Park Development Corporation - 04-02-07
Click Here to View 04-02-07 Park Development Minutes
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - N/A
j. Zoning Board of Adjustment - N/A
3. Ordinances and Resolutions No items scheduled for this Agenda.
4. Contracts and Agreements No items scheduled for this Agenda.
5. Other Consent Items
a. Consider the Confirmation of a Reserve Police Officer.
Click Here to View D.5.a. Management Report
Motion to approve the Consent Agenda as presented. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve the Consent Agenda as presented. (Approved)
E. PUBLIC HEARINGS
1. Consider Case Z-1103-07; to Revise the Comprehensive Zoning Ordinance to add "Public Entry Features" to Section 43, Supplemental Regulations; Applicant: City of DeSoto.
City Secretary Shipman read the caption of Public Hearing E.1. into the public record.
Click Here to View E.1. Management Report
Motion to open this Public Hearing Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to open this Public Hearing (Approved)
Linda Zombeck, Senior Planner, provided excerpts from the staff management report and a visual presentation
Motion to close this Public Hearing. Moved by Councilmember Valentine, seconded by Councilmember Sherman.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item as presented and to adopt Ordinance 1725-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve the item as presented and to adopt Ordinance 1725-07. (Approved)
2. Consider Case Z-1106-07; an Amendment to Eagle Point Estates Planned Development 108 (PD-108) to allow Front Facing Garage Doors; an area north of Pleasant Run Road and west of Longmeadow Lane; consisting of approximately 44.19 acres and containing 64 lots; Applicant Blair Valk; Owners: Don Valk and Joan Ballard; and adopting Ordinance.
Click Here to View E.2. Management Report
City Secretary Shipman read the caption of Public Hearing E.2. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Helm.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff management report. Mr. Vatthauer announced that the applicant was not present at the opening of the Public Hearing, but would arrive shortly.
Discussion by Mr. Vatthauer and Councilmembers.
Applicant Blair Valk, 5613 Blue Bird Avenue, Dallas, Texas, provided a power point presentation for Eagle Point Estates that included photographs of forward facing garages in two comparable neighborhoods, Estates of Windmill Hill and The Ridge. Approximately 35% of the homes in Windmill Hill have front facing garages in combination with a breezeway (porte cochere). Ms. Valk’s Builders advised it was a very popular design in the market. The presentation provided examples a single front entry and double side entry garages with a wing wall and/or breezeway. Ms. Valk stated the Builders do not see this as a lesser product or negative design but as something that is marketable to consumers. Discussion of percentages by Councilmember Sherman and Ms. Valk. Discussion by Councilmember Valentine and Ms. Valk regarding the garages and screening materials. Councilmember Clardy asked for clarification of the screening material. Ms. Valk would prefer to use masonary. Mayor Waddle asked Ms. Valk to discuss the finish on the garage doors. Ms. Valk referred to slides stating that a Mediterranean design house does not look good with a wood door and she did not want to limit the builders to use them or to tell their customers they could only use wood or stained garage doors. Mayor Waddle wanted to ensure that quality doors would be used. Ms. Valk summarized that Eagle Point is requesting to put in breezways in combination with a two-car forward facing garage and a one-car rear facing garage for a three-car garage, or vise-versa; and with the masonary wingwall scenario that screens a forward facing garage in combination with a side-entry garage. Councilmember Williams asked for clarification of the reference to fence or gate. Ms. Valk stated for Eagle Point, it would not be a requirement, but if that would please Council, she would have it written in as a requirement for the builders. Councilmember Valentine said she preferred a gate.
Motion to close this Public Hearing Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to close this Public Hearing (Approved)
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item as presented and to adopt Ordinance 1726-07. Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Councilmember Valentine stated she would like to add to the stipulations if she could get agreement for Planning and Zoning Stipulation 3. regarding the door of the front facing garage to add that a wing-wall is required where there is no breezway. She asked Councilmember Sherman if he would add that to his stipulations. Mayor Waddle asked about including a stipulation that a front facing garage must have a stained wood veneer door and a replacement door would need to be the something similar. Councilmember Williams said a wood garage door was his preference also. The last time front facing garages were discussed the issue was the garage door would be constructed or wood or simulated wood and it was a stipulation to allow front facing garages. Discussion followed. He is in favor of stipulating a wood or wood appearing garage door if front facing. Councilmember Respess said it seems we are giving builders within this planned development, some addtional options in the design of the homes. He is hesitant to further limit the materials of construction, or appearance they can use and feels what they are requesting, seems to be in conformance with upper-end designs that are coming up all over the market. As time passes, things decay and he would also like to know that the doors would be restored to what it was when originally built. City Attorney Smith said the Home Owners Association (HOA) would handle that issue. Councilmember Sherman said this is a private gated community and he feels the market would take care of that issue along with the HOA.
Mayor Waddle restated that Councilmember Valentine added a stipulation and that Councilmember Sherman and Mayor Pro Tem Clardy both accepted the stipulation to their motion and second.
Mr. Vatthauer clarification that a wing wall would only be provided with a j-swing for the front facing garage and not provided with the porte cochere. Councilmember Valentine confirmed that was the correct stipulation.
Vote to approve the item as presented and to adopt Ordinance 1726-07. (Approved)
F. REGULAR AGENDA - New Business
1. Consider approval of an Ordinance authorizing the issuance of City of DeSoto, Texas Certificates of Obligation, Tax Exempt Series 2007A.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.1.
Camelia Browder, Managing Director of Finance, presented excerpts from the staff report.
Ms. Browder introduced Robert Dransfield, Bond Attorney with Fulbright and Jaworski, and Jim Sabonis, Financial Advisor and Senior Vice President with 1st Southwest, were in the audience.
Mayor Pro Tem Clardy left the dais at 8:19 p.m. and returned at 8:22 p.m.
Mr. Sabonis addressed Council and reviewed the Summary of the Sale notebook that was distributed to each Councilmembers.
Councilmember Respess asked what was the amount of the taxable vs the tax exempt. Mr. Sabonis stated the Capital Improvement Program rated $5.9 million dollars for the structured parking facilities and $1 million dollars for the equipment in general City funds. Bob Dransfield and Fulbright & Jaworski Tax Counsul in conjunction with the City Attorney Pete Smith, City Manager Jim Baugh, and Finance Director Camelia Browder determined that the appropriate split would be a 50/50 split between a taxable and tax exempt, therefore the $5.9 million was split 50/50 because there are private and public aspects related to how the parking be used. Example: West Village and Mockingbird Station have general free parking that wants to go into retail and some parking set aside for potential residents or retailers. The $5.9 million dollars is split in half and the $1 million is also tax exempt.
Mr. Sabonis stated the leadership of this community, the elected officials and staff, did a wonderful job and it is reflected when an independent party reviews it, and ultimately it is important decision because it means a lower cost and lower taxes.
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item and to adopt Ordinance 1727-07. Moved by Mayor Waddle, seconded by Councilmember Valentine.
Vote to approve the item and to adopt Ordinance 1727-07. (Approved)
2. Consider approval of an Ordinance authorizing the issuance of City of DeSoto, Texas, Certificates of Obligation, Taxable Series 2007A.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.2.
City Manager Baugh said this item is the other half of what was just approved and felt additional discussion was not required.
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve the item as presented and to adopt Ordinance 1728-07. Moved by Councilmember Valentine, seconded by Councilmember Respess.
Vote to approve the item as presented and to adopt Ordinance 1728-07. (Approved)
3. Consider award of contract for supply and installation of new Public Safety Radio System at the Southwest Regional Communications Center (SWRCC).
Click Here to View F.3. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.3.
Tim Smith, Managing Director of Southwest Regional Communicaiton Center presented excerpts from the staff report.
Steve Macke, 4608 Amber Drive, McDonough, Ga., with Public Safety Radio Network, was available in the audience for questions.
Mayor Pro Tem Clardy questioned the cost of Cedar Hill's radios. Mr. Smith said Cedar Hill has the least amount of radios and payment is based on the number of radios. City Manager Baugh provided additional explanation.
Motion to approve the item as presented. Moved by Councilmember Williams, seconded by Councilmember Helm.
Vote to approve the item as presented. (Approved)
4. Consider the approval of the Justice Assistance Grant Funds Sharing Agreement and the Fiscal Agency Agreement between the County of Dallas and the City of DeSoto.
Click Here to View F.4. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.4.
Police Chief Brodnax presented excerpts from the staff management report.
Motion to approve the item as presented Moved by Mayor Pro Tem Clardy, seconded by Councilmember Helm.
Vote to approve the item as presented (Approved)
G. REGULAR AGENDA - Old Business
No items scheduled.
H. CITIZEN APPEARANCES
Terri Bell, 833 Clear Creek Drive, DeSoto, speaking on behalf of the DeSoto Cowboys, serves as the Executive Director of the newly formed Best Southwest Football and Cheerleading Association. Ms. Bell congratulated the newly elected Mayor and Councilmembers stating she looks forward with great anticipation to all the good work they will do in colaboration with the remaining members. This is her fourth year with the DeSoto Cowboys and they have 120 children that participate with the organization every year. She expressed her extreme satisfaction with the growth and success of the League during the 2006 year and her enthusiasm for the 2007 season under the leadership of the newly formed league. She thanked the Council for the continued support and she looks forward to working with the newly selected Director of Park and Leisure Services to make this season a dynamic and memorable one for our children.
Darian Powell, 1906 Berkeley Drive, Glenn Heights, President of the DeSoto Longhorn Football and Cheerleading. He congratulated the new members, Mayor Waddle, Councilmember Valentine, and Councilmember Respess. He looks forward to working with the new Director.
Shayler Henderson, 1742 Rock Ridge Drive, Cedar Hill, President of the DeSoto Bears Youth Organization, this is their inaugural season. He extended congratulations to the Mayor and newly elected Councilmembers and stated that they look forward to working with the City and the Parks and Recreation Director on the upcoming football season.
Myron Turner, 1346 Thunderbrook Drive, DeSoto, President of the DeSoto Raiders, and they are willing to work with everyone. He was happy with the way things were going last season, but this season, they have more faith in the Board, and will have an even better season, and the Best Southwest looks forward to working with Council and the Park Board for a wonderful season with the kids. They are excited and look forward to working with Council.
Ferdinand Smith, 604 Vanilla Court, DeSoto, stated this is his inaugral year with Best Southwest and he was attracked to this league because they are very organized and everyone was on point. He looks forward to working with DeSoto with his new team, the DeSoto Buckaneers.
Byron Sanders, 805 Andalusia Trail, Executive Director of the DeSoto Colts, said he was looking foreward to working with Council and the new Parks Director. All the parents and kids love the facilities and enjoy the comradery with the other teams and the network of Boardmembers.
Bishop Gordon, 904 St. George, DeSoto, extended congratulations to Mayor Waddle and Councilmembers Valentine and Respess. He is the Vice President of the Best Southwest Football League, and looks forward to working with the new director. He is glad to be a part of it because of the children. He hopes they can all work together and make it happen.
Calvin Ford, 817 Quail Run, Lancaster, President of DeSoto Pathers Youth Football Organization. He congratulated the new members of the Council and thanked the entire Council for the time they have given. The Panthers have been a part of youth football for 18 seasons. Last year was a great year for them and they look forward to this year. They have comradery and have done things to make the league better.
Brennan Morrison, 1040 Granite Lane, DeSoto, with the Best Southwest Football and Cheerleading Association, and President of the DeSoto Saints Football Organization. They have been around for 14 years and this will be their third year back in DeSoto. Since coming back to DeSoto, he and the other Boardmembers made it a point to give as much back to the kids in this community to make sure they have something to do that is possitive. He thanked the Boardmembers that were here last year for accomplishing a big goal by taking out the Ordinance, everyone understands that it does not matter where a child lives, DeSoto, Dallas, or Cedar Hill, as long as we are doing something possitive for them, it makes a difference in the world. He wanted the Council to know that each member that spoke to you from the Football Organization is here and decicated to make sure that we make a difference in the kids lives. Each member takes money out of their own households to make sure that we do something possitive for these kids. We are here faithfully and truly in the best interest of these kids and we hope to have a pleasant working relationship with you.
I. ANNOUNCEMENTS
Councilmember Sherman announced that DeSoto High School Coach Willie Roy Beal, Jr. lost his father Willie Roy Beal, Sr. Mr. Beal, Sr. was 81 years old and served as a Gospel Preacher in the Dallas County area for over 40 years with a spirit of encouragement and he also served in the United States Marine Corps. He extended condolences to the family.
Mayor Waddle announced the 3rd Annual Great Days of Service event sponsored by the area churches of Community Missionary Baptist Church, Dallas First Church of the Nazarene, First Baptist Church, First United Methodist Church, Church of the Disciple, Crossroads Covenant Church, Faith Bible Church, First Christian Church, and Hampton Road Baptist Church. An Appreciation Luncheon will be held on June 21, 2007, in the DeSoto Town Center Bluebonnet Rooms for all City of DeSoto Employees, including Police and Fire Rescue, DeSoto ISD Employees, DeSoto Postal Employees, and elected City and DISD Officials.
Mayor Waddle read a prepared statement regarding the circulation of a petition for the sale of alcoholic beverages in DeSoto.
"I would like to take this opportunity to let the community know of an activity taking place in DeSoto.
Many of you by now may have been approached in grocery stores or other locations in DeSoto
to sign a petition placing two propositions on the ballot for consideration on November 6, 2007.
There is currently an effort, sponsored by developers, corporate offices of local retail stores,
and other retail stores considering locating in DeSoto, to place before the community two questions
relative to the sale of beer and wine in DeSoto.
These questions are:
1.
Should we allow beer and wine to be sold in grocery stores and convenience stores
for off premise consumption in DeSoto?
2.
Should we do away with the UniCard system currently in use in some local restaurants
by allowing restaurants to sell beer, wine and mixed drinks to their dining customers?
While members of the City Council may hold opinions on these questions, the process currently underway
is not financed by the City.
In fact, it is inappropriate to use public funds for such an effort.
However,
the process currently underway in DeSoto is designed to be open and fair to all involved and allows
for our community to make this decision through the great American right- THE VOTE at the ballot box.
So, it might be helpful at this time to briefly go over the process, as prescribed by law.
Executive Summary: Local Option Elections
for the Sale of Alcoholic Beverages
June 5, 2007
Ten or more registered voters of the City file a written application and provide proof of publication
in a newspaper of general circulation within the City with the County Clerk who then issues
a petition to be circulated for signatures.
The “issue” (type of alcohol election) to be voted on must be clearly stated in the application
and in the petition.
The legal sale of beer and wine for off-premise consumption only and the legal sale
of mixed beverages in restaurants by food and beverage certificate holders are
two of the types of elections specified by the statute.
Separate petitions are circulated
for each type of election.
The petition is circulated for signatures and must be filed with the County Voter Registrar
not later than the 60
th
day after the date the petition was originally issued.
The petition must be signed by a number of registered voters in the City
equal to at least 35 percent of the registered voters in the City who voted
in the most recent gubernatorial election.
On or after the 30
th
day following the date the petition is filed,
the Commissioners Court orders a local option election to be held
in the City on the specific type of election set out in the petition.
The election would be held in the City on November 6, 2007.
While the City of DeSoto is not financing this process, it does support the notion that on such issues
it is proper to provide the opportunity, through the process just described, for citizens in our community
to have the opportunity to vote their conviction in addressing these two questions".
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
No items scheduled.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at 9:16 p.m.
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