Video index
A. WORK SESSION
Mayor Waddle called the Work Session to order at 6:00 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Review of Master Agenda by City Manager.
2. Discussion of Regular Agenda items.
City Manager Baugh stated there is a correction to the staff report for Public Hearing E.1. The correct vote by the Planning and Zoning Commission was 5 ayes and 0 nays.
3. Review partnership with Lancaster for Joint 4th of July Fireworks Program.
Kathy Maples and Carolyn Campbell reviewed their memo regarding the Joint Fireworks Show on July 4th. Everyone agreed this was the best fireworks show in DeSoto. The Fireworks vendor stated he provided the same composition of fireworks at the City of Addison show this year. Concensus of Council is continue the joint agreement with the City of Lancaster.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the meeting to order at 7:00 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Ken Van Cura, Faith Bible Church
2. Pledge of Allegiance led by Councilmember Virgil Helm
3. Ambassador: Elizabeth Hobbs, Library -
Elizabeth
has worked for the City of
DeSoto
in the circulation department of the library for 3 years.
She and her husband have been residents of DeSoto since 1992.
Elizabeth
lived in
Japan
for a year and speaks a small amount of Japanese.
She has bungee jumped with her granddaughters and she loves to parasail.
C. PRESENTATIONS
1. Presentation of the DEDC Third Quarterly Report.
Curtestine McCowan, President of DEDC, presented the report. Scott Livingston, Executive Director of DEDC responded to questions from City Council.
2. Presentation of June 2007 Financial Report.
Click Here to View June 2007 Financial Report
Patrick Harvey, Assistant Finance Director, provided a weather report that impacted the revenues for the Mosely Pool, and presented the June report.
D. CONSENT AGENDA
1. Approval of City Council Minutes
a. Regular Meeting - 07-03-07
Click Here to View 07-03-07 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 - N/A
e. Library Board - N/A
f. Park Development Corporation - N/A
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
a. Consider an Interlocal Agreement with the City of Glenn Heights for a SRO at Curtistene McCowan Middle School.
Click Here to View D.4.a. Management Report
5. Other Consent Items No items scheduled for this Agenda.
Motion to approve the Consent Agenda as presented. Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to approve the Consent Agenda as presented. (Approved)
E. PUBLIC HEARINGS
1. Consider Zoning Case Z-1114-07; a change in zoning from Office-2 (O-2) to General Retail (GR) for a .894 acre tract of land; located west of South I-35E and south of Belt Line Road; Applicant: Winkelmann and Associates; Owner: Jim Shindler; and adopting Ordinance.
Click Here to View E.1. Management Report
City Secretary Shipman read the caption of Public Hearing E.1. and introduced Linda Zombeck, Senior Planner, to present the report.
Motion to open this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Helm.
Vote to open this Public Hearing. (Approved)
Ms. Zombeck presented excerpts from the staff report and stated the staff report incorrectly noted the vote by the Planning and Zoning Commission. The correct vote was 5 ayes and 0 nays.
Maria Bonilla, with Winklemann & Associates, Inc., Consulting Civil Engineers, 6750 Hillcrest Plaza Drive, Dallas, Texas, addressed Council as the representative of the Owner/Applicant Jim Shindler.
Motion to close this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance for the official record.
Motion to approve the item as presented and to adopt Ordinance 1734-07. Moved by Councilmember Sherman, seconded by Councilmember Valentine.
Vote to approve the item as presented and to adopt Ordinance 1734-07. (Approved)
2. Consider Zoning Case Z-1112-07; an amendment to Appendix 3 "Definitions" of the Zoning Ordinance to provide a new definition for the use "Check Cashing Service and Loan Agency"; and adopting Ordinance.
Click Here to View E.2. Management Report
City Secretary Shipman read the caption of Public Hearing E.2. and introduced Edlyn Vatthauer, Planning and Zoning Manager, to present the report.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to open this Public Hearing. (Approved)
Mr. Vatthauer presented the staff report.
Councilmember Sherman stated he is very concerned about the issue of check cashing businesses and raised the question of how to define a "small loan", as the term is vague. He feels the City should be stronger in the standard language used. Councilmember Respess shares Councilmember Sherman’s concerns and feels the establishments have used the bank’s definition to allow their existence without a special use permit. He asked for confirmation that this language is to close that loophole and feels it may be easier to tighten the definition of a "bank", because that is very clear and specific. Councilmember Valentine agrees the language should be tightened more. Councilmember Respess feels it could be more restrictive. City Attorney Smith explained the options for action at this meeting. Councilmember Williams understands that the City has a definition today for check cashing service and loan agents now, but there is some exposure with that definition and discussed options for action. Councilmember Sherman said he would like to see language that does not require the City to monitor and police. Councilmember Respess offered the suggestion, to define a bank ,which is clear and specific, and exclude any and all other busineses, except by special use permit, that loan money in any fashion, which would be easier that trying to define this moving target. Mr. Vatthauer agreed with tightening the definition and suggested removing the word "small". Councilmember Sherman said that how the loan is collaterized, becomes the definition. City Attorney Smith agreed with comments of Councilmember Respess to take out the reference to "small", and in the last line, "this service does not include a Bank, a Savings and Loan, a Credit Union, or Pawn Shop" and by saying that, you are excluding those uses and that will be sufficient and you will protect yourselves and he will explore to see if there are any more restrictions to tighten it up. Councilmember Respess agreed with City Attorney Smith.
Motion to close this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance for the official record.
Motion to approve this item and to adopt Ordinance 1735-07 with corrections . Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to approve this item and to adopt Ordinance 1735-07 with corrections . (Approved)
3. Consider Case Z-1113-07; to revise the Comprehensive Zoning Ordinance, Section 43 to Add Section 43.13, Supplemental Regulations; to revise Section 36, "Use Regulations"; and to add a definition for Small Wind Energy Systems; Applicant: City of DeSoto; and adopting Ordinance.
Click Here to View E.3. Management Report
City Secretary Shipman read the caption of Public Hearing E.3. and introduced Linda Zombeck, Senior Planner, to present the report.
Motion to open this Public Hearing. Moved by Councilmember Helm, seconded by Councilmember Sherman.
Vote to open this Public Hearing. (Approved)
Motion to close this Public Hearing. Moved by Councilmember Helm, no second required.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of Ordinance for the official record.
Councilmember Valentine questioned the number of systems. Councilmember Respess also concerned with the number. Ms. Zombeck said it will be revised to add "One Wind Energy Stem per lot". A lot is defined as 1/2 to 1 acre. Councilmember Williams stated that they are typically located where there is no electricity and questioned the purpose in this location. Ms. Zombeck said it would generate what you need to replace electricity and the owner could sell the surplus electricity to the grid. Councilmember Williams feels there would be engineering issues - one acre lot needs to specifiy location/engineering. Mayor Waddle asked what the cost is for a system. Ms. Zombeck indicated between $10,000 and $12,000 . Councilmember Sherman said the systems are environmentally a good thing. Councilmember Respess said it is probably not cost effective, but it would make the sacrifice for the good of the world and the trend is to go green. Councilmember Williams asked how loud was 52 decibles. Ms. Zombeck said approximately 60 decibles which would be the sound of conversation in restaurant, not too loud.
Motion to approve this item as presented and to adopt Ordinance 1736-07 Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to approve this item as presented and to adopt Ordinance 1736-07 (Approved)
F. REGULAR AGENDA - New Business
1. Consider an Ordinance Amending the Fiscal Year 2006-2007 Annual Budget.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda F.1. and introduced Camelia Browder, Managing Director of Finance, to present the report.
City Secretary Shipman read the caption of Ordinance for the official record.
Motion to approve the item as presented and to adopt Ordinance 1737-07 Moved by Councilmember Valentine, seconded by Councilmember Helm.
Vote to approve the item as presented and to adopt Ordinance 1737-07 (Approved)
2. Consider an Ordinance Amending Chapter 2 of the Code of Ordinances, which provides for the regulation of animals within the City of DeSoto.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda F.2. and introduced Police Chief Mike Brodnax to present the report.
City Secretary Shipman read the caption of Ordinance into the official record.
Police Chief Brodnax reviewed the Ordinance and clarified the terminology with examples. Irresponsible owners will be held accountable for thier dogs. A dog is determined to be a "dangerous" dog after one unprovoked bite of a person or another animal while outside the confines of their property; or any other aggressive behavior that demonstrates the dog as being dangerous. This Ordinance is
not
breed specific. Substantial fines will be assessed to owners of dogs allowed to run-at-large. Any dog that is running at large and apprehended by authorities will be placed into Tri-City Animal Shelter. The dog must be microchipped and registered at the owner’s expense prior to the dog being released from the Shelter. The owners of registered dogs must register their dogs annually from date of original registration. These amendments will only affect dogs that exhibit bad behaviior which causes them to come into contact with Animal Control Officers or Police Officials.
The Ordinance will take effect on October 1, 2007. The Council and Chief Brodnax discussed various examples of dog behavior and the consequences. Discussion followed of the monitoring and management of the program.
Motion to approve the item as presented and to adopt Ordinance 1738-07 Moved by Councilmember Helm, seconded by Mayor Pro Tem Clardy.
Vote to approve the item as presented and to adopt Ordinance 1738-07 (Approved)
3. Consider an Improvement Agreement with Silver Creek Meadows, Ltd., as a covenant to complete all required public improvements within the Silver Creek Meadows, Phase 1 Addition.
Click Here to View F.3. Management Report
City Secretary Shipman read the caption of Regular Agenda F.3. and introduced Tom Johnson, Managing Director of Development Services, to present the report.
Applicant John Unis, 3838 Oak Lawn Avenue, Suite 1212, Dallas, addressed Council and was available for questions.
Motion to approve the item as presented. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to approve the item as presented. (Approved)
4. Consider a construction contract in the amount of $279,275 with Dal-Ec Construction, Ltd. for the addition of Pump #4 at the Westmoreland Pump Station
Click Here to View F.4. Management Report
City Secretary Shipman read the caption of Regular Agenda F.4. and introduced Tom Johnson, Managing Director of Development Services, to present the report.
Motion to approve the item as presented. Moved by Councilmember Respess, seconded by Councilmember Valentine.
Vote to approve the item as presented. (Approved)
5. Consider an Ordinance to Abandon existing Sanitary Sewer Easements on Town Center Property.
Click Here to View F.5. Management Report
City Secretary Shipman read the caption of Regular Agenda F.5. and introduced Tom Johnson, Managing Director of Development Services to present the report.
City Secretary Shipman read the caption of Ordinance into the official record.
Motion to approve the item as presented and adopt Ordinance 1739-07. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to approve the item as presented and adopt Ordinance 1739-07. (Approved)
6. Consider a Construction Contract in the amount of $428,924 with Reliable Paving, Inc. for the Town Center East Parking Lot.
Click Here to View F.6. Management Report
City Secretary Shipman read the caption of Regular Agenda F.6. and introduced Tom Johnson, Managing Director of Development Services, to present the report.
Mr. Johnson stated the parking lot was a part of Proposition #6 of the 2003 Bond Referendum and therefore must comply with the Charter limitation on the maximum amount which can be spent on the parking lot project, an amount of $400,000. The remaining funds, $340,000, are available in Fund 482 (Vision Project Funds) to finance the construction cost for the 140 space parking lot. The round-about cost would be paid from the $1,000,000 Fund Balance Allocation. The left-turn lane will be paid for with Bond moneys. Eight additional parking spaces will be made available due to the change in concrete costs. The cost will stay under the $400,000 allocated from the Bond Election. Councilmember Sherman asked what the facility parking needs are now. Mr. Johnson said a report indicated we needed 140 spaces and some parrallel parking on side. Councilmember Sherman asked if after the demolition is complete, will this be enough. City Manager Baugh said it will be very tight during construction, but feels it will be enough; after construction is complete there will be 600+ parking spaces. Councilmember Williams asked what the total amount would be for the Vision Project. City Manager Baugh said $484,000. Mayor Waddle asked if the project will begin as soon as possible. Mr. Johnson said yes and the parking lot work must be complete by December 1, 2007. City Manager Baugh said the project will begin 5 days after the back parking lot is open for business and he feels it will be after Thanksgiving.
Motion to approve the item as presented. Moved by Councilmember Helm, seconded by Councilmember Sherman.
Vote to approve the item as presented. (Approved)
G. REGULAR AGENDA - Old Business
No items scheduled for this Agenda.
H. CITIZEN APPEARANCES
No request to speak cards were submitted.
I. ANNOUNCEMENTS
Mayor Waddle announced the Annual City of DeSoto Boards and Commissions Fair would be held on Thursday, July 19th in the City Hall Atrium.
Mayor Waddle announced that Council would recess the Regular meeting at 9:17pm and reconvene into Executive Session in the Council Conference Room.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
1. Executive Session: Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.
2. Action resulting from Executive Session regarding Personnel Matter.
No action required.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at the conclusion of the Executive Session.
Jul 17, 2007 City Council Meeting 2007-07-17
Full agenda
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Video Index
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A. WORK SESSION
Mayor Waddle called the Work Session to order at 6:00 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Review of Master Agenda by City Manager.
2. Discussion of Regular Agenda items.
City Manager Baugh stated there is a correction to the staff report for Public Hearing E.1. The correct vote by the Planning and Zoning Commission was 5 ayes and 0 nays.
3. Review partnership with Lancaster for Joint 4th of July Fireworks Program.
Kathy Maples and Carolyn Campbell reviewed their memo regarding the Joint Fireworks Show on July 4th. Everyone agreed this was the best fireworks show in DeSoto. The Fireworks vendor stated he provided the same composition of fireworks at the City of Addison show this year. Concensus of Council is continue the joint agreement with the City of Lancaster.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the meeting to order at 7:00 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Ken Van Cura, Faith Bible Church
2. Pledge of Allegiance led by Councilmember Virgil Helm
3. Ambassador: Elizabeth Hobbs, Library -
Elizabeth
has worked for the City of
DeSoto
in the circulation department of the library for 3 years.
She and her husband have been residents of DeSoto since 1992.
Elizabeth
lived in
Japan
for a year and speaks a small amount of Japanese.
She has bungee jumped with her granddaughters and she loves to parasail.
C. PRESENTATIONS
1. Presentation of the DEDC Third Quarterly Report.
Curtestine McCowan, President of DEDC, presented the report. Scott Livingston, Executive Director of DEDC responded to questions from City Council.
2. Presentation of June 2007 Financial Report.
Click Here to View June 2007 Financial Report
Patrick Harvey, Assistant Finance Director, provided a weather report that impacted the revenues for the Mosely Pool, and presented the June report.
D. CONSENT AGENDA
1. Approval of City Council Minutes
a. Regular Meeting - 07-03-07
Click Here to View 07-03-07 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 - N/A
e. Library Board - N/A
f. Park Development Corporation - N/A
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
a. Consider an Interlocal Agreement with the City of Glenn Heights for a SRO at Curtistene McCowan Middle School.
Click Here to View D.4.a. Management Report
5. Other Consent Items No items scheduled for this Agenda.
Motion to approve the Consent Agenda as presented. Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to approve the Consent Agenda as presented. (Approved)
E. PUBLIC HEARINGS
1. Consider Zoning Case Z-1114-07; a change in zoning from Office-2 (O-2) to General Retail (GR) for a .894 acre tract of land; located west of South I-35E and south of Belt Line Road; Applicant: Winkelmann and Associates; Owner: Jim Shindler; and adopting Ordinance.
Click Here to View E.1. Management Report
City Secretary Shipman read the caption of Public Hearing E.1. and introduced Linda Zombeck, Senior Planner, to present the report.
Motion to open this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Helm.
Vote to open this Public Hearing. (Approved)
Ms. Zombeck presented excerpts from the staff report and stated the staff report incorrectly noted the vote by the Planning and Zoning Commission. The correct vote was 5 ayes and 0 nays.
Maria Bonilla, with Winklemann & Associates, Inc., Consulting Civil Engineers, 6750 Hillcrest Plaza Drive, Dallas, Texas, addressed Council as the representative of the Owner/Applicant Jim Shindler.
Motion to close this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance for the official record.
Motion to approve the item as presented and to adopt Ordinance 1734-07. Moved by Councilmember Sherman, seconded by Councilmember Valentine.
Vote to approve the item as presented and to adopt Ordinance 1734-07. (Approved)
2. Consider Zoning Case Z-1112-07; an amendment to Appendix 3 "Definitions" of the Zoning Ordinance to provide a new definition for the use "Check Cashing Service and Loan Agency"; and adopting Ordinance.
Click Here to View E.2. Management Report
City Secretary Shipman read the caption of Public Hearing E.2. and introduced Edlyn Vatthauer, Planning and Zoning Manager, to present the report.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to open this Public Hearing. (Approved)
Mr. Vatthauer presented the staff report.
Councilmember Sherman stated he is very concerned about the issue of check cashing businesses and raised the question of how to define a "small loan", as the term is vague. He feels the City should be stronger in the standard language used. Councilmember Respess shares Councilmember Sherman’s concerns and feels the establishments have used the bank’s definition to allow their existence without a special use permit. He asked for confirmation that this language is to close that loophole and feels it may be easier to tighten the definition of a "bank", because that is very clear and specific. Councilmember Valentine agrees the language should be tightened more. Councilmember Respess feels it could be more restrictive. City Attorney Smith explained the options for action at this meeting. Councilmember Williams understands that the City has a definition today for check cashing service and loan agents now, but there is some exposure with that definition and discussed options for action. Councilmember Sherman said he would like to see language that does not require the City to monitor and police. Councilmember Respess offered the suggestion, to define a bank ,which is clear and specific, and exclude any and all other busineses, except by special use permit, that loan money in any fashion, which would be easier that trying to define this moving target. Mr. Vatthauer agreed with tightening the definition and suggested removing the word "small". Councilmember Sherman said that how the loan is collaterized, becomes the definition. City Attorney Smith agreed with comments of Councilmember Respess to take out the reference to "small", and in the last line, "this service does not include a Bank, a Savings and Loan, a Credit Union, or Pawn Shop" and by saying that, you are excluding those uses and that will be sufficient and you will protect yourselves and he will explore to see if there are any more restrictions to tighten it up. Councilmember Respess agreed with City Attorney Smith.
Motion to close this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance for the official record.
Motion to approve this item and to adopt Ordinance 1735-07 with corrections . Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to approve this item and to adopt Ordinance 1735-07 with corrections . (Approved)
3. Consider Case Z-1113-07; to revise the Comprehensive Zoning Ordinance, Section 43 to Add Section 43.13, Supplemental Regulations; to revise Section 36, "Use Regulations"; and to add a definition for Small Wind Energy Systems; Applicant: City of DeSoto; and adopting Ordinance.
Click Here to View E.3. Management Report
City Secretary Shipman read the caption of Public Hearing E.3. and introduced Linda Zombeck, Senior Planner, to present the report.
Motion to open this Public Hearing. Moved by Councilmember Helm, seconded by Councilmember Sherman.
Vote to open this Public Hearing. (Approved)
Motion to close this Public Hearing. Moved by Councilmember Helm, no second required.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of Ordinance for the official record.
Councilmember Valentine questioned the number of systems. Councilmember Respess also concerned with the number. Ms. Zombeck said it will be revised to add "One Wind Energy Stem per lot". A lot is defined as 1/2 to 1 acre. Councilmember Williams stated that they are typically located where there is no electricity and questioned the purpose in this location. Ms. Zombeck said it would generate what you need to replace electricity and the owner could sell the surplus electricity to the grid. Councilmember Williams feels there would be engineering issues - one acre lot needs to specifiy location/engineering. Mayor Waddle asked what the cost is for a system. Ms. Zombeck indicated between $10,000 and $12,000 . Councilmember Sherman said the systems are environmentally a good thing. Councilmember Respess said it is probably not cost effective, but it would make the sacrifice for the good of the world and the trend is to go green. Councilmember Williams asked how loud was 52 decibles. Ms. Zombeck said approximately 60 decibles which would be the sound of conversation in restaurant, not too loud.
Motion to approve this item as presented and to adopt Ordinance 1736-07 Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to approve this item as presented and to adopt Ordinance 1736-07 (Approved)
F. REGULAR AGENDA - New Business
1. Consider an Ordinance Amending the Fiscal Year 2006-2007 Annual Budget.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda F.1. and introduced Camelia Browder, Managing Director of Finance, to present the report.
City Secretary Shipman read the caption of Ordinance for the official record.
Motion to approve the item as presented and to adopt Ordinance 1737-07 Moved by Councilmember Valentine, seconded by Councilmember Helm.
Vote to approve the item as presented and to adopt Ordinance 1737-07 (Approved)
2. Consider an Ordinance Amending Chapter 2 of the Code of Ordinances, which provides for the regulation of animals within the City of DeSoto.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda F.2. and introduced Police Chief Mike Brodnax to present the report.
City Secretary Shipman read the caption of Ordinance into the official record.
Police Chief Brodnax reviewed the Ordinance and clarified the terminology with examples. Irresponsible owners will be held accountable for thier dogs. A dog is determined to be a "dangerous" dog after one unprovoked bite of a person or another animal while outside the confines of their property; or any other aggressive behavior that demonstrates the dog as being dangerous. This Ordinance is
not
breed specific. Substantial fines will be assessed to owners of dogs allowed to run-at-large. Any dog that is running at large and apprehended by authorities will be placed into Tri-City Animal Shelter. The dog must be microchipped and registered at the owner’s expense prior to the dog being released from the Shelter. The owners of registered dogs must register their dogs annually from date of original registration. These amendments will only affect dogs that exhibit bad behaviior which causes them to come into contact with Animal Control Officers or Police Officials.
The Ordinance will take effect on October 1, 2007. The Council and Chief Brodnax discussed various examples of dog behavior and the consequences. Discussion followed of the monitoring and management of the program.
Motion to approve the item as presented and to adopt Ordinance 1738-07 Moved by Councilmember Helm, seconded by Mayor Pro Tem Clardy.
Vote to approve the item as presented and to adopt Ordinance 1738-07 (Approved)
3. Consider an Improvement Agreement with Silver Creek Meadows, Ltd., as a covenant to complete all required public improvements within the Silver Creek Meadows, Phase 1 Addition.
Click Here to View F.3. Management Report
City Secretary Shipman read the caption of Regular Agenda F.3. and introduced Tom Johnson, Managing Director of Development Services, to present the report.
Applicant John Unis, 3838 Oak Lawn Avenue, Suite 1212, Dallas, addressed Council and was available for questions.
Motion to approve the item as presented. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to approve the item as presented. (Approved)
4. Consider a construction contract in the amount of $279,275 with Dal-Ec Construction, Ltd. for the addition of Pump #4 at the Westmoreland Pump Station
Click Here to View F.4. Management Report
City Secretary Shipman read the caption of Regular Agenda F.4. and introduced Tom Johnson, Managing Director of Development Services, to present the report.
Motion to approve the item as presented. Moved by Councilmember Respess, seconded by Councilmember Valentine.
Vote to approve the item as presented. (Approved)
5. Consider an Ordinance to Abandon existing Sanitary Sewer Easements on Town Center Property.
Click Here to View F.5. Management Report
City Secretary Shipman read the caption of Regular Agenda F.5. and introduced Tom Johnson, Managing Director of Development Services to present the report.
City Secretary Shipman read the caption of Ordinance into the official record.
Motion to approve the item as presented and adopt Ordinance 1739-07. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to approve the item as presented and adopt Ordinance 1739-07. (Approved)
6. Consider a Construction Contract in the amount of $428,924 with Reliable Paving, Inc. for the Town Center East Parking Lot.
Click Here to View F.6. Management Report
City Secretary Shipman read the caption of Regular Agenda F.6. and introduced Tom Johnson, Managing Director of Development Services, to present the report.
Mr. Johnson stated the parking lot was a part of Proposition #6 of the 2003 Bond Referendum and therefore must comply with the Charter limitation on the maximum amount which can be spent on the parking lot project, an amount of $400,000. The remaining funds, $340,000, are available in Fund 482 (Vision Project Funds) to finance the construction cost for the 140 space parking lot. The round-about cost would be paid from the $1,000,000 Fund Balance Allocation. The left-turn lane will be paid for with Bond moneys. Eight additional parking spaces will be made available due to the change in concrete costs. The cost will stay under the $400,000 allocated from the Bond Election. Councilmember Sherman asked what the facility parking needs are now. Mr. Johnson said a report indicated we needed 140 spaces and some parrallel parking on side. Councilmember Sherman asked if after the demolition is complete, will this be enough. City Manager Baugh said it will be very tight during construction, but feels it will be enough; after construction is complete there will be 600+ parking spaces. Councilmember Williams asked what the total amount would be for the Vision Project. City Manager Baugh said $484,000. Mayor Waddle asked if the project will begin as soon as possible. Mr. Johnson said yes and the parking lot work must be complete by December 1, 2007. City Manager Baugh said the project will begin 5 days after the back parking lot is open for business and he feels it will be after Thanksgiving.
Motion to approve the item as presented. Moved by Councilmember Helm, seconded by Councilmember Sherman.
Vote to approve the item as presented. (Approved)
G. REGULAR AGENDA - Old Business
No items scheduled for this Agenda.
H. CITIZEN APPEARANCES
No request to speak cards were submitted.
I. ANNOUNCEMENTS
Mayor Waddle announced the Annual City of DeSoto Boards and Commissions Fair would be held on Thursday, July 19th in the City Hall Atrium.
Mayor Waddle announced that Council would recess the Regular meeting at 9:17pm and reconvene into Executive Session in the Council Conference Room.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
1. Executive Session: Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.
2. Action resulting from Executive Session regarding Personnel Matter.
No action required.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at the conclusion of the Executive Session.
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