Video index
A. WORK SESSION
Mayor Waddle called the Work Session to order at 6:00 pm.
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.
3. Discussion regarding creation of the DeSoto Historical Foundation.
City Manager Baugh provided an overview and City Attorney Pete Smith led the discussion regarding the legal aspects of creating a Foundation. Don and Marikay Dewberry provided documents titled "Draft Bylaws for DeSoto Heritage Incorporated" and "Articles of Incorporation" and provided a presentation to Council regarding their research into the creation of an Historical Foundation for DeSoto. Discussion by Council regarding the structure and responsibilities of the Foundation. City Manager Baugh said the objectives in the Dewberry documents are good and it outlines the responsibilities. Mayor Waddle commended the Dewberrys for their work on this project. City Manager Baugh summarized saying the group would be controlled though City Council appointments and the functions would be clearly defined. Councilmember Helm requested that Council have a Special Work Session on this subject. Mayor Waddle said he and Attorney Smith would meet and provide document examples from other cities.
Mayor Waddle recessed the Work Session at 6:50 pm.
Total meeting time for Work Session: 50 min.
Council will reconvene in Council Chambers for the Regular Session after a short break.
B. REGULAR SESSION - CALL TO ORDER
Roll Call: 7 members present, 0 members absent, 0 members excused.
Mayor Waddle reconvened the Council in the Council Chamber for the Regular Session and called the meeting to order at 7:00 pm.
1. Invocation by: Councilmember Carl Sherman.
2. Pledge of Allegiance led by Councilmember Carl Sherman
3. Ambassador: Timothy Turquette, Fire Department:
Tim has been employed as a Fighter/Paramedic with the City of
DeSoto
for a year and a half.
Before joining the City of
DeSoto
, he was enlisted in the U.S. Marines. Tim married shortly before he completed his enlistment and has been married for 8 happy years. During his time off, Tim enjoys mountain biking, rock climbing, and spending time with his family.
C. PRESENTATIONS
1. Presentation of the updated GIS program which will include Police data.
Tom Johnson, Managing Director of Development Services, addressed Council to make the presentation.
Mick McGuire, Program Manager for Research and Information Services with North Central Texas Council of Governments, demonstrated the GIS (Geographic Information System) Program available through the City’s website. Data from January 1, 2007 is available on the website and provides information to citizens as well as city staff for basic crimes in a specific area of the City. Options are to print maps, forward a page to an email address, resize map, and also provides geographic interface. There were some concerns about providing this to the general public, however, a login protection is built-in for some of the information. Councilmember Valentine said this is the type of information that the HOA’s have wanted for a long time and she applauds the efforts of the Police Department. Mr. McGuire stated that 30 days of information will be available for all crimes in any specific area. Police Chief Brodnax said assults normally deal with famiy violence and the Department did not want to air family issues. He also stated that drug cases are not dangerous issues to the citizens and therefore are not included. Tom Johnson, Managing Director of Development Services, concluded the presentation by explaining the direction of the project. They will look at citizens requests for complaints, track the progress, and in FY2008 they will make the determination about putting that data base into map form. It would identify specific areas of high weed complaints. The City’s In Touch System system will provide that information. City Manager Baugh said as an example, they could identify the areas with garbage problems and talk to Duncan Disposal about those specific problems to resolve. He said this program would not be possile without the assistance from North Central Texas Council of Governments.
Mayor Waddle explained the process for submitting a blue Response Card for the opportunity to address Council during the meeting.
2. Presentation of Proclamation recognizing September as National Alcohol and Drug Addiction Recovery Month.
Councilmember Helm read the Proclamation to the audience.
3. Presentation of Proclamation recognizing September 11th as Patriot Day.
Councilmember Denise Valentine read the Proclamation to the audience.
D. CONSENT AGENDA
1. Approval of City Council Minutes
a. Regular Meeting - 08-21-07
Click Here to View 08-21-07 City Council Meeting Minutes
b. Special Meeting - 08-23-07
Click Here to View 08-23-07 City Council Meeting Minutes
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 - 06-27-07, 07-23-07
Click Here to View 06-27-07 DEDC Meeting Minutes
Click Here to View 07-23-07 DEDC Meeting Minutes
e. Library Board - 06-07-07
Click Here to View 06-07-07 Library Board Meeting Minutes
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
a. Consider approval of an Ordinance to adopt Supplement 11 to the 2001 edition of the City of DeSoto Code of Ordinances.
Click Here to View D.3.a. Management Report
4. Contracts and Agreements No items scheduled for this Agenda.
5. Other Consent Items No items scheduled for this Agenda.
City Secretary Shipman read the caption of Consent Agenda Item D.3.a., presented excerpts from the staff report, and read the caption of the Ordinance into the record.
Motion to approve the Consent Agenda and to adopt Ordinance 1745-07 for item D.3.a. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to approve the Consent Agenda and to adopt Ordinance 1745-07 for item D.3.a. (Approved)
E. PUBLIC HEARINGS
1. Consider Case Z-1110-07; a change of zoning from Light Industrial (LI) to Planned Development 132 (PD-132) with General Retail (GR) base zoning for a tract of land located west of North I-35E and south of Pleasant Run; and adopting Ordinance.
Click Here to View E.1. Management Report
City Secretary Shipman read the caption of Public Hearing E.1. into the pubic record.
Motion to open this Public Hearing. Moved by Councilmember Helm, seconded by Mayor Pro Tem Clardy.
Vote to open this Public Hearing. (Approved)
Linda Zombeck, Senior Planner, presented excerpts from the staff report and maps.
City Councilmember Respess asked what benefit would this change bring to the City or the property owner. If it is not a benefit, what issue or problem does this issue address, that would make it compelling to do this.
Ms. Zombeck believes that with the Comprehensive Plan revision in 2002, it was determined that most of the areas along Interstate 35 were to be retail, to present a better image of the City than industrial presents. Staff is doing the next step which would be to rezone all those areas to General Retail. City Manager Baugh said the citizens, during the development of the Comprehensive Plan, felt the area should all be General Retail. The two exceptions that were specifically noted were the automobile dealership. Staff did a great deal of discussion with the property owners so that their rights were not taken away in the process of doing this. He feels that Edlyn and Linda have done a good job in working through this and following the spirit of the Comprehensive Plan, and the Plan was a product of public discussion.
Monty Anderson, 912 Ironwood, DeSoto, Texas, owner of the property, addressed Council to define this location as "showroom/warehouse". He said it is not a retail building that is defined as all air-conditioned space. This building is 1/3 to 1/2 air-conditioned with the back half (of the front building) being warehouse (un-airconditioned) with a garage door for the back entrance. It is nothing like a retail building except for the storefront. He feels there is a need for showroom/warehouse along the freeway. He said the way it is written, he could put in an apparel store, but he could not silk-screen anything on it, and it does not make sense. He stated he has been working through this zoning change process for six months. The spaces are only 1,400 sq.ft.
Councilmember discussion to define what area of the building would be used for the silk screening process.
Councilmember Sherman said he feels the citizens have said they want retail there, and if you look at the LaQuinta that is coming there, there has been some rezoning in that area for the last year. He feels this is in line with what the citizens want to see in that area.
Councilmember Valentine asked Mr. Anderson if after the negotiations that he has been through, that were lengthy and in great detail, does he feel whole, even with the pending change in General Retail for the silk-screening. Mr. Anderson responded that he does not understand why he should have to wait another year while they get the zoning tweeked right; why not fix his zoning where it fits this property right, since the City is the one that is initiating this change. It is already a PD and he does not understand why one more line can not be added to allow it.
Councilmember Williams asked for clarification of the reasoning for not allowing it, is based on competative advantage or disadvantage to other people in that business. Mr Anderson responded saying that the Planning and Zoning Commission started to vote for it and the Planning and Zoning Staff said it would give him an unfair advantage over other retail, so they better not do it. Councilmember Valentine said that General Retail does not allow silk-screening the way the Ordinance is written today; it has to have an SUP. Councilmember Williams asked for additional clarification. Ms. Zombeck said Planning and Zoning did discuss this but there was no option stated specifically if the Zoning Ordinance should be changed or not, or if it should go into this PD or not; their overwhelming opinion was that they all agreed that it was a little odd and should be looked into and should not be changed in the PD until it was researched by staff.
Councilmember Sherman asked, "I wonder what the sense of urgency is and if Planning and Zoning needs to look at it; I would prefer to make it right alltogether; and if screenprinting, if there is no valid reason that it should not be included in this as a stipulation, I would move to table, if that is something this Council is in agreement to".
Councilmember Respess said this whole issue is merky enough and is not driven by any compelling need and if there are other issues to clean up, he would like to see those issues cleaned up and then come back and revisit this at that time.
Councilmember Valentine said, "being a part of Planning and Zoning and the discussions about making this area general retail, the the idea was not so much about this property, which is why we are working so hard to make this property fit, we do not know what will happen tomorrow; the zoning stays with the property. If Mr. Anderson were to sell the property or the property burned down and was rebuilt, if it were not rezoned, it could be rebuilt without any additional involment from the City, as one of the businesses that fits under Light Industrial, and that is the purpose for changing it to General Retail".
Councilmember Respess said he agreed with Councilmember Valentine’s comments, but he is also looking at it from a pragmatic standpoint and if the highest and best use of that property were General Retail and it did burn down, or Monty rebuilt it, he would be back to Planning and Zoning to get it rezoned as a PD or General Retail, as has been the case with all the properties up and down I-35 as investors, developers, and property owners find that General Retail is the best and most desirable use of the property, and they would come in and rezone.
Mr. Anderson returned to the podium and stated he would rather forget it than come back again. He said 10 or 12 things were tweeked to take away from him but nothing was tweeked to give to him.
Councilmember Valentine said she agreed with Mr. Anderson and that if Council is going to tweek it to make it fit.....make it fit.
Motion to close this Public Hearing. Moved by Councilmember Sherman, 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 Zoning Case Z-1110-07 to change the zoning designation of property located on the west side of North I-35E and north of Belt Line Road from Light Industrial to Planned Development with a base zoning of General Retail and certain uses in C-1-Commercial and with definitions, and with the following stipulations: (1) "Motorcycle Sales and Repair" shall be permitted with a Specific Use Permit in the front building; and (2) "Silk Screening Operations"; and to adopt Ordinance 1746-07. Moved by Councilmember Sherman, seconded by Councilmember Helm.
Vote to approve Zoning Case Z-1110-07 to change the zoning designation of property located on the west side of North I-35E and north of Belt Line Road from Light Industrial to Planned Development with a base zoning of General Retail and certain uses in C-1-Commercial and with definitions, and with the following stipulations: (1) "Motorcycle Sales and Repair" shall be permitted with a Specific Use Permit in the front building; and (2) "Silk Screening Operations"; and to adopt Ordinance 1746-07. (Approved)
2. Consider Case Z-1118-07; a General Retail Planned Development 133 (PD-133) for Oak East Plaza; an area south of Belt Line Road and east of Polk Street; on approximately 9.8 acres of land and consisting of 5 parcels; Applicant: Leung Architects; Owner: Great Formosa Properties, L.P.; and adopting Ordinance.
Click Here to View E.2. Management Report
City Secretary Shipman read the caption of Public Hearing E.2. for the record.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Helm.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff report.
Christine, representing the Applicant Leung Architects, 1407 Starshadow, Richardson, Texas 75081, addressed Council. A Response Card was not submitted to provide the speaker’s information.
Councilmember Valentine discussed the removal and replacement of trees due to the grading of the property. Councilmember Valentine requested that the uses of Institutions for Alcholic, Narcotic, or Phyciatric Patients, Youth Shelters, Check Cashing, and Tattoo and Body Piercing Studio be restricted due to the close proximity of the residential neighborhoods. When the applicant comes back with the Landscaping Plan, Councilmember Valentine would like to see the detention area attractive with landscaping, since it will front Belt Line Road. The applicant said she felt the property owner would be amenable to that request.
Councilmember Respess and the applicant discussed the elevations that the residential property owners to the east would view. The applicant said with the dirt fill, there may not be much of a difference, but they would do more research.
Councilmember Williams asked the applicant if they had done any other developments of this size. The applicant said in Garland, Richardson, and Plano. Councilmember Williams asked what size restaurants were built in Garland. The applicant replied that examples would be a Subway, a Mom and Pop Restaurant, an Ice Cream Shop, a Donut Shop, etc. for 1,500 sq.ft to 2,000 sq.ft. She said several smaller shops are more likely than a 7,000 sq.ft. contiguous restaurant.
Councilmember Sherman said he would like to see the stipulation of no check cashing businesses. He said the City has a serious problem with tree mitigation and asked if the developer could save the trees so that it is a natural landscape for the residential community behind it, insulating it from the retail development.
Mayor Waddle asked Mr. Vatthauer if he had talked to the neighbors in the area. Mr. Vatthauer said letters went out to 36 residents and no one spoke at the Planning and Zoning Commission meeting.
Motion to close this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance for the public record.
Motion to approve Case Z-1118-07, a General Retail Planned Development (PD-133) for Oak East Plaza with the following stipulations: (1) Exclude Bois d’ Arc, Cottonwood, Cedar, and Hackberry trees from the Tree Survey and survey the remaining trees that are eight inches (8’’) in caliper or greater; (2) Require a 25 foot landscape buffer along the entire length of the east property line; and (3) Prior to any lot being developed, the Planned Development must be amended to include the review and approval of the detailed Site Plan, Landscape Plan, Elevations, and Tree Survey; and the City Council stipulations that the following businesses would not be allowed: Institutions for Alcholic, Narcotic, or Phyciatric Patients, Youth Shelters, Check Cashing, and Tattoo and Body Piercing Studio due to the close proximity of the residential neighborhoods; and to adopt Ordinance 1747-07. Moved by Councilmember Valentine, seconded by Mayor Pro Tem Clardy.
Vote to approve Case Z-1118-07, a General Retail Planned Development (PD-133) for Oak East Plaza with the following stipulations: (1) Exclude Bois d’ Arc, Cottonwood, Cedar, and Hackberry trees from the Tree Survey and survey the remaining trees that are eight inches (8’’) in caliper or greater; (2) Require a 25 foot landscape buffer along the entire length of the east property line; and (3) Prior to any lot being developed, the Planned Development must be amended to include the review and approval of the detailed Site Plan, Landscape Plan, Elevations, and Tree Survey; and the City Council stipulations that the following businesses would not be allowed: Institutions for Alcholic, Narcotic, or Phyciatric Patients, Youth Shelters, Check Cashing, and Tattoo and Body Piercing Studio due to the close proximity of the residential neighborhoods; and to adopt Ordinance 1747-07. (Approved)
3. Consider Case Z-1121-07; a Specific Use Permit (SUP) for a Contractor’s Shop with outdoor storage; located at Kestrel Avenue north of Seahawk Drive; consisting of approximately 1 acre and containing 1 lot; Applicant: Edward F. Cummings; Owner: James Smith; and adopting Ordinance.
Click Here to View E.3. Management Report
City Secretary Shipman read the caption of Public Hearing E.3. into the official record.
Motion to open this Public Hearing. Moved by Councilmember Valentine, seconded by Councilmember Williams.
Vote to open this Public Hearing. (Approved)
Linda Zombeck, Senior Planner, presented excerpts from the staff report.
For clarification purposes, opposition to this case was over 20% (27.03%) of the property owners notified within 200 feet. Six (6) notices were mailed to the adjoining property owners. One (1) reply was received in favor and one (1) reply was received in opposition. A vote for approval will require a super majority vote of 6 of the 7 Councilmembers.
Mayor Waddle and Councilmembers discussed the trees on the property serving as the screening. Ms. Zombeck said if trees are removed or damaged, they would need to be replaced. Councilmember Valentine asked if the storage would be taller than 6’. Ms. Zombeck said the pallets will be wrapped and should not be taller. Councilmember Respess asked what type of trees were on the property. Ms. Zombeck said the applicant did not do a tree survey, however, there was a thick stand of trees. Councilmember Valentine said the Planning and Zoning Commission felt that if the trees died, the property owner should take action to have them replaced. Mayor Waddle asked if there was any other discussion about screening. Councilmember Valentine said the Planning and Zoning Commission felt that if trees were there, it would be sufficient screening. Councilmember Respess asked for confirmation that the trees are adequate screening, applicant is willing to maintain and replace trees as they die off, put up a wall with stacking no higher than the 6’ wall, and store only palletized paving stones. Ms. Zombeck confirmed.
Chris Johnson, representing Cummings and Associates, 204 N. Main Street, Suite 112, Duncanville,Texas, addressed Council from the podium stating he was availalble to answer questions for the City Council. Mayor Waddle said he was trying to visualize screening the 6’ chain link fence with the trees, because in the winter, foliage will be lost and the willow trees will not screen very much. He would like to see vegetation along the 150’ chain link fence because the trees could die. He asked if the applicant would have a problem with providing screening on the chain link fence. Mr. Johnson said he did not feel the applicant would have a problem in providing the screening and said Mayor Waddle’s point was valid. Mayor Waddle said the vegetation would fill out and provide screening for the chain link fence. Councilmember Respess said he would be happier with screening of appropriate vegetation that would blend in with the creek environment and would give some assurance that screening would be available winter, summer, spring, and fall. Councilmember Valentine said there was some discussion in the Planning and Zoning meeting about how often there would be outside storage. Mr. Johnson said pallets would be coming in and distributed to projects outside the property; there would be a continuous flow of product and the quantities would vary at times, but there would always be something there.
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 into the official record.
Mayor and Council discussion of screening materials for the chain link fence. Councilmember Valentine feels the live screening with a fence at the Wal-Mart Distribution Center on Wintergreen is a great example.
Motion to approve the item as presented with the three (3) stipulations from staff, with a change to stipulation 3 that the chain link fence along the rear of the property would also be screened with live screening and to adopt Ordinance 1748-07. Moved by Councilmember Valentine, seconded by Mayor Pro Tem Clardy.
Vote to approve the item as presented with the three (3) stipulations from staff, with a change to stipulation 3 that the chain link fence along the rear of the property would also be screened with live screening and to adopt Ordinance 1748-07. (Approved)
4. Consider Zoning Case Z-1125-07 an Amendment to Summit Parks Planned Development 109 (PD-109) regarding changing the number of lots within several blocks; an area south of Spinner Road between Westmoreland Road and Hampton Road; on approximately 156.45 acres of land, consisting of 141.3 acres for residential and 15.15 acres for neighborhood services; Applicant: Mardy Brown; Owner: SDC Summit Parks; and adopting Ordinance.
Click Here to View E.4. Management Report
City Secretary Shipman read the caption of Public Hearing E.4. into the official record.
Motion to open this Public Hearing. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Respess.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planing and Zoning Manager, presented the staff report.
Mardy Brown, representing the applicant, addressed Council. A Response Card was not submitted to provide the applicant’s information.
Motion to close this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Helm.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of Ordinance into the public record.
Motion to approve Case Z-1125-07, an amendment to the Planned Development for Summit Park, to change the number of lots in several blocks, which would result in one additional lot and to adopt Ordinance 1749-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Case Z-1125-07, an amendment to the Planned Development for Summit Park, to change the number of lots in several blocks, which would result in one additional lot and to adopt Ordinance 1749-07. (Approved)
5. Conduct a Public Hearing to consider a Resolution creating a Public Improvement District No. 3 (PID) for Summit Parks Subdivision (PD-109) consisting of 141.58 acres.
Click Here to View E.5. Management Report
City Secretary Shipman read the caption of Public Hearing E.5. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to open this Public Hearing. (Approved)
Tracie Hlavinka, Community Initiatives Manager, presented the report to Council.
Eddie Collins, Goodman Land Advisors, 5700 W. Plano Parkway, Suite 3000, Plano, Texas 75093, addressed Council to respond to questions from City Council.
Motion to close this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to close this Public Hearing. (Approved)
Motion to approve the item as presented for the creation of the Summit Parks Public Improvement District, PID#3, consisting of 141.58 acres and Resolution 07-22. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to approve the item as presented for the creation of the Summit Parks Public Improvement District, PID#3, consisting of 141.58 acres and Resolution 07-22. (Approved)
6. Consider Case SB-001-07; an Amendment to Section 10.217 of the Subdivision Ordinance, which will allow staff to approve minor replats. The applicant is City of DeSoto; and adopting Ordinance.
Click Here to View E.6. Management Report
City Secretary Shipman read the caption of Public Hearing E.6. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Valentine.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented the report to City Council.
Motion to close this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to close this Public Hearing. (Approved)
Motion to approve Case SB-001-07, an amendment to Section 10.217 of the Subdivision Ordinance, which will allow staff to approve minor replats and to adopt Ordinance 1750-07. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to approve Case SB-001-07, an amendment to Section 10.217 of the Subdivision Ordinance, which will allow staff to approve minor replats and to adopt Ordinance 1750-07. (Approved)
NOTE:
Public Hearings posted as item 7, 8, and 9 were considered by Council in a different numerical sequence. The new order is Public Hearing item 9, 7, and 8.
9. Conduct a Public Hearing on the Budget and Assessment Rate for the Candle Meadow Public Improvement District (CMPID) and consider an Ordinance to adopt the Five Year plan, adopting the Budget for FY 2007-2008, and Levying a Special Assessment for 2007.
Click Here to View E.9. Management Report
Public Hearing Item E.9. considered out of posting sequence.
City Secretary Shipman read the caption of Public Hearing E.9. into the record and introduced Camelia Browder, Finance Manager, to present the staff report.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Respess.
Vote to open this Public Hearing. (Approved)
Carla Hall, 1113 Raspberry, DeSoto, Texas, representative of the Candle Meadow Home Owners Association, addressed Council.
Motion to close this Public Hearing. Moved by Councilmember Helm, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance.
Motion to approve adoption of the Five Year Plan, the FY 2007-2008 Budget, and the 2007 Assessment Rate of 17.3 cents per $100 valuation and to adopt Ordinance 1751-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve adoption of the Five Year Plan, the FY 2007-2008 Budget, and the 2007 Assessment Rate of 17.3 cents per $100 valuation and to adopt Ordinance 1751-07. (Approved)
NOTE:
Public Hearings posted as item 7, 8, and 9 were considered by Council in a different numerical sequence. The new order is Public Hearing item 9, 7, and 8.
7. Conduct a Public Hearing on the Proposed Budget, Capital Improvement Plan (CIP), and Work Plan for FY 2007-2008.
Click Here to View E.7. Management Report
Public Hearing E.7. considered out of posting sequence.
City Secretary Shipman read the caption of Public Hearing Item E.7. into the public record and introduced Finance Manager Camelia Browder to present the report to Counci.
Motion to open this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to open this Public Hearing. (Approved)
Ms. Browder presented the staff report to Council.
Motion to close this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
Public Hearing conducted. No voting action required.
NOTE:
Public Hearings posted as item 7, 8, and 9 were considered by Council in a different numerical sequence. The new order is Public Hearing item 9, 8, and 7.
8. Conduct Public Hearing on proposed Tax Rate for 2007.
Click Here to View E.8. Management Report
Public Hearing E.8. considered out of posting sequence.
City Secretary Shipman read the caption of Public Hearing E.8. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Respess.
Vote to open this Public Hearing. (Approved)
Camelia Browder, Finance Manager, presented the report.
Velma Pearson, 1065 Briarwood Lane, DeSoto, Texas, 75115, addressed Council regarding the proposed Tax Rate for 2007. She read prepared comments and survey results she prepared comparing tax rates for the Cities of DeSoto and Cedar Hill.
Motion to close this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
Public Hearing conducted. No voting action required.
10. Consider an Ordinance denying the request of Atmos Energy Corp., Mid-Tex Division, for the 2006 annual Gas Reliability Infrastructure Program (GRIP) rate increase.
Click Here to View E.10. Management Report
City Secretary Shipman read the caption of Public Hearing E.10. into the public record and introduced Assistant City Manager Lynda Humble to present the report to Council.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to open this Public Hearing. (Approved)
Assistant City Manager Humble presented the staff report to City Council.
Motion to close this Public Hearing. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Valentine.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve Ordinance 1752-07 to deny the Atmos Energy Corporation's 2006 GRIP Filing. Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.
Vote to approve Ordinance 1752-07 to deny the Atmos Energy Corporation's 2006 GRIP Filing. (Approved)
F. REGULAR AGENDA - New Business
1. Consider Appointment by City Manager to the Civil Service Commission.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda Iem F.1.
Andre Houser, Human Resources Manager, presented the report.
Motion to approve the appointment of Bill Waibel to the DeSoto Civil Service Commission for an additional three-year term efffective October 1, 2007 through September 30, 2010. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve the appointment of Bill Waibel to the DeSoto Civil Service Commission for an additional three-year term efffective October 1, 2007 through September 30, 2010. (Approved)
2. Consider a Memorandum of Understanding between the City of DeSoto and the DeSoto Economic Development Corporation regarding participation in the Incentive Agreement with McGraw Hill Companies, Inc.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.2.
City Manager Baugh verbally presented information for Regular Agenda Item F.2. and Regular Agenda Item F.3. The items will be voted on individually.
Councilmember Respess stated that the Dallas Central Appraisal District has not granted freeport exemption to any of their inventory, so depending on how their lawsuit against the Appraisal District goes, that may modify our exposure. City Manager Baugh said that was a good point. Councilmember Respess asked if it was fair to assume that depending on what is done with goods in transit, it could in fact, have a significant impact on this agreement. City Manager Baugh said it would have a very significant impact. Councilmember Respess asked if the report represents the City's real exposure, but rather our maximum exposure.
Scott Livingston, Executive Director of the DeSoto Economic Development Corporation, addressed Council stating that the Board of Directors are in support of this incentive agreement between the City, DEDC, and the McGraw Hill Companies. The DEDC is a partner with the City Council, to retain the non-residential tax base, to partner with the City Council to expand the non-residential tax base, to retain and keep these primary jobs in our community, to sustain and to increase the quality of life here in DeSoto, our All-America City.
Motion to authorize the Mayor to execute the Memorandum of Understanding with the DeSoto Economic Development Corporation covering the DeSoto Economic Development Corporation participation in the annual incentive payments to McGraw Hill Companies, Inc. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Helm.
Vote to authorize the Mayor to execute the Memorandum of Understanding with the DeSoto Economic Development Corporation covering the DeSoto Economic Development Corporation participation in the annual incentive payments to McGraw Hill Companies, Inc. (Approved)
3. Consider authorizing the Mayor to execute an Incentive Agreement with the McGraw Hill Companies, Inc.
Click Here to View F.3. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.3. into the record.
City Manager Baugh verbally presented information for Regular Agenda Item F.2. and Regular Agenda Item F.3. The items will be voted on individually.
Motion to to authorize the Mayor to execute the Incentive Agreement with McGraw Hill Companies, Inc. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to to authorize the Mayor to execute the Incentive Agreement with McGraw Hill Companies, Inc. (Approved)
G. REGULAR AGENDA - Old Business
No items scheduled for this Agenda.
H. CITIZEN APPEARANCES
No additional request to speak cards were submitted.
I. ANNOUNCEMENTS
Mayor Waddle announced that the DeSoto Eagles play on Friday night.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
No items scheduled for this Agenda.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at 10:48 pm.
Total meeting time for Regular Agenda: 3 hr. 48 min.
Sep 04, 2007 City Council Meeting 2007-09-04
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A. WORK SESSION
Mayor Waddle called the Work Session to order at 6:00 pm.
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.
3. Discussion regarding creation of the DeSoto Historical Foundation.
City Manager Baugh provided an overview and City Attorney Pete Smith led the discussion regarding the legal aspects of creating a Foundation. Don and Marikay Dewberry provided documents titled "Draft Bylaws for DeSoto Heritage Incorporated" and "Articles of Incorporation" and provided a presentation to Council regarding their research into the creation of an Historical Foundation for DeSoto. Discussion by Council regarding the structure and responsibilities of the Foundation. City Manager Baugh said the objectives in the Dewberry documents are good and it outlines the responsibilities. Mayor Waddle commended the Dewberrys for their work on this project. City Manager Baugh summarized saying the group would be controlled though City Council appointments and the functions would be clearly defined. Councilmember Helm requested that Council have a Special Work Session on this subject. Mayor Waddle said he and Attorney Smith would meet and provide document examples from other cities.
Mayor Waddle recessed the Work Session at 6:50 pm.
Total meeting time for Work Session: 50 min.
Council will reconvene in Council Chambers for the Regular Session after a short break.
B. REGULAR SESSION - CALL TO ORDER
Roll Call: 7 members present, 0 members absent, 0 members excused.
Mayor Waddle reconvened the Council in the Council Chamber for the Regular Session and called the meeting to order at 7:00 pm.
1. Invocation by: Councilmember Carl Sherman.
2. Pledge of Allegiance led by Councilmember Carl Sherman
3. Ambassador: Timothy Turquette, Fire Department:
Tim has been employed as a Fighter/Paramedic with the City of
DeSoto
for a year and a half.
Before joining the City of
DeSoto
, he was enlisted in the U.S. Marines. Tim married shortly before he completed his enlistment and has been married for 8 happy years. During his time off, Tim enjoys mountain biking, rock climbing, and spending time with his family.
C. PRESENTATIONS
1. Presentation of the updated GIS program which will include Police data.
Tom Johnson, Managing Director of Development Services, addressed Council to make the presentation.
Mick McGuire, Program Manager for Research and Information Services with North Central Texas Council of Governments, demonstrated the GIS (Geographic Information System) Program available through the City’s website. Data from January 1, 2007 is available on the website and provides information to citizens as well as city staff for basic crimes in a specific area of the City. Options are to print maps, forward a page to an email address, resize map, and also provides geographic interface. There were some concerns about providing this to the general public, however, a login protection is built-in for some of the information. Councilmember Valentine said this is the type of information that the HOA’s have wanted for a long time and she applauds the efforts of the Police Department. Mr. McGuire stated that 30 days of information will be available for all crimes in any specific area. Police Chief Brodnax said assults normally deal with famiy violence and the Department did not want to air family issues. He also stated that drug cases are not dangerous issues to the citizens and therefore are not included. Tom Johnson, Managing Director of Development Services, concluded the presentation by explaining the direction of the project. They will look at citizens requests for complaints, track the progress, and in FY2008 they will make the determination about putting that data base into map form. It would identify specific areas of high weed complaints. The City’s In Touch System system will provide that information. City Manager Baugh said as an example, they could identify the areas with garbage problems and talk to Duncan Disposal about those specific problems to resolve. He said this program would not be possile without the assistance from North Central Texas Council of Governments.
Mayor Waddle explained the process for submitting a blue Response Card for the opportunity to address Council during the meeting.
2. Presentation of Proclamation recognizing September as National Alcohol and Drug Addiction Recovery Month.
Councilmember Helm read the Proclamation to the audience.
3. Presentation of Proclamation recognizing September 11th as Patriot Day.
Councilmember Denise Valentine read the Proclamation to the audience.
D. CONSENT AGENDA
1. Approval of City Council Minutes
a. Regular Meeting - 08-21-07
Click Here to View 08-21-07 City Council Meeting Minutes
b. Special Meeting - 08-23-07
Click Here to View 08-23-07 City Council Meeting Minutes
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 - 06-27-07, 07-23-07
Click Here to View 06-27-07 DEDC Meeting Minutes
Click Here to View 07-23-07 DEDC Meeting Minutes
e. Library Board - 06-07-07
Click Here to View 06-07-07 Library Board Meeting Minutes
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
a. Consider approval of an Ordinance to adopt Supplement 11 to the 2001 edition of the City of DeSoto Code of Ordinances.
Click Here to View D.3.a. Management Report
4. Contracts and Agreements No items scheduled for this Agenda.
5. Other Consent Items No items scheduled for this Agenda.
City Secretary Shipman read the caption of Consent Agenda Item D.3.a., presented excerpts from the staff report, and read the caption of the Ordinance into the record.
Motion to approve the Consent Agenda and to adopt Ordinance 1745-07 for item D.3.a. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to approve the Consent Agenda and to adopt Ordinance 1745-07 for item D.3.a. (Approved)
E. PUBLIC HEARINGS
1. Consider Case Z-1110-07; a change of zoning from Light Industrial (LI) to Planned Development 132 (PD-132) with General Retail (GR) base zoning for a tract of land located west of North I-35E and south of Pleasant Run; and adopting Ordinance.
Click Here to View E.1. Management Report
City Secretary Shipman read the caption of Public Hearing E.1. into the pubic record.
Motion to open this Public Hearing. Moved by Councilmember Helm, seconded by Mayor Pro Tem Clardy.
Vote to open this Public Hearing. (Approved)
Linda Zombeck, Senior Planner, presented excerpts from the staff report and maps.
City Councilmember Respess asked what benefit would this change bring to the City or the property owner. If it is not a benefit, what issue or problem does this issue address, that would make it compelling to do this.
Ms. Zombeck believes that with the Comprehensive Plan revision in 2002, it was determined that most of the areas along Interstate 35 were to be retail, to present a better image of the City than industrial presents. Staff is doing the next step which would be to rezone all those areas to General Retail. City Manager Baugh said the citizens, during the development of the Comprehensive Plan, felt the area should all be General Retail. The two exceptions that were specifically noted were the automobile dealership. Staff did a great deal of discussion with the property owners so that their rights were not taken away in the process of doing this. He feels that Edlyn and Linda have done a good job in working through this and following the spirit of the Comprehensive Plan, and the Plan was a product of public discussion.
Monty Anderson, 912 Ironwood, DeSoto, Texas, owner of the property, addressed Council to define this location as "showroom/warehouse". He said it is not a retail building that is defined as all air-conditioned space. This building is 1/3 to 1/2 air-conditioned with the back half (of the front building) being warehouse (un-airconditioned) with a garage door for the back entrance. It is nothing like a retail building except for the storefront. He feels there is a need for showroom/warehouse along the freeway. He said the way it is written, he could put in an apparel store, but he could not silk-screen anything on it, and it does not make sense. He stated he has been working through this zoning change process for six months. The spaces are only 1,400 sq.ft.
Councilmember discussion to define what area of the building would be used for the silk screening process.
Councilmember Sherman said he feels the citizens have said they want retail there, and if you look at the LaQuinta that is coming there, there has been some rezoning in that area for the last year. He feels this is in line with what the citizens want to see in that area.
Councilmember Valentine asked Mr. Anderson if after the negotiations that he has been through, that were lengthy and in great detail, does he feel whole, even with the pending change in General Retail for the silk-screening. Mr. Anderson responded that he does not understand why he should have to wait another year while they get the zoning tweeked right; why not fix his zoning where it fits this property right, since the City is the one that is initiating this change. It is already a PD and he does not understand why one more line can not be added to allow it.
Councilmember Williams asked for clarification of the reasoning for not allowing it, is based on competative advantage or disadvantage to other people in that business. Mr Anderson responded saying that the Planning and Zoning Commission started to vote for it and the Planning and Zoning Staff said it would give him an unfair advantage over other retail, so they better not do it. Councilmember Valentine said that General Retail does not allow silk-screening the way the Ordinance is written today; it has to have an SUP. Councilmember Williams asked for additional clarification. Ms. Zombeck said Planning and Zoning did discuss this but there was no option stated specifically if the Zoning Ordinance should be changed or not, or if it should go into this PD or not; their overwhelming opinion was that they all agreed that it was a little odd and should be looked into and should not be changed in the PD until it was researched by staff.
Councilmember Sherman asked, "I wonder what the sense of urgency is and if Planning and Zoning needs to look at it; I would prefer to make it right alltogether; and if screenprinting, if there is no valid reason that it should not be included in this as a stipulation, I would move to table, if that is something this Council is in agreement to".
Councilmember Respess said this whole issue is merky enough and is not driven by any compelling need and if there are other issues to clean up, he would like to see those issues cleaned up and then come back and revisit this at that time.
Councilmember Valentine said, "being a part of Planning and Zoning and the discussions about making this area general retail, the the idea was not so much about this property, which is why we are working so hard to make this property fit, we do not know what will happen tomorrow; the zoning stays with the property. If Mr. Anderson were to sell the property or the property burned down and was rebuilt, if it were not rezoned, it could be rebuilt without any additional involment from the City, as one of the businesses that fits under Light Industrial, and that is the purpose for changing it to General Retail".
Councilmember Respess said he agreed with Councilmember Valentine’s comments, but he is also looking at it from a pragmatic standpoint and if the highest and best use of that property were General Retail and it did burn down, or Monty rebuilt it, he would be back to Planning and Zoning to get it rezoned as a PD or General Retail, as has been the case with all the properties up and down I-35 as investors, developers, and property owners find that General Retail is the best and most desirable use of the property, and they would come in and rezone.
Mr. Anderson returned to the podium and stated he would rather forget it than come back again. He said 10 or 12 things were tweeked to take away from him but nothing was tweeked to give to him.
Councilmember Valentine said she agreed with Mr. Anderson and that if Council is going to tweek it to make it fit.....make it fit.
Motion to close this Public Hearing. Moved by Councilmember Sherman, 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 Zoning Case Z-1110-07 to change the zoning designation of property located on the west side of North I-35E and north of Belt Line Road from Light Industrial to Planned Development with a base zoning of General Retail and certain uses in C-1-Commercial and with definitions, and with the following stipulations: (1) "Motorcycle Sales and Repair" shall be permitted with a Specific Use Permit in the front building; and (2) "Silk Screening Operations"; and to adopt Ordinance 1746-07. Moved by Councilmember Sherman, seconded by Councilmember Helm.
Vote to approve Zoning Case Z-1110-07 to change the zoning designation of property located on the west side of North I-35E and north of Belt Line Road from Light Industrial to Planned Development with a base zoning of General Retail and certain uses in C-1-Commercial and with definitions, and with the following stipulations: (1) "Motorcycle Sales and Repair" shall be permitted with a Specific Use Permit in the front building; and (2) "Silk Screening Operations"; and to adopt Ordinance 1746-07. (Approved)
2. Consider Case Z-1118-07; a General Retail Planned Development 133 (PD-133) for Oak East Plaza; an area south of Belt Line Road and east of Polk Street; on approximately 9.8 acres of land and consisting of 5 parcels; Applicant: Leung Architects; Owner: Great Formosa Properties, L.P.; and adopting Ordinance.
Click Here to View E.2. Management Report
City Secretary Shipman read the caption of Public Hearing E.2. for the record.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Helm.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented excerpts from the staff report.
Christine, representing the Applicant Leung Architects, 1407 Starshadow, Richardson, Texas 75081, addressed Council. A Response Card was not submitted to provide the speaker’s information.
Councilmember Valentine discussed the removal and replacement of trees due to the grading of the property. Councilmember Valentine requested that the uses of Institutions for Alcholic, Narcotic, or Phyciatric Patients, Youth Shelters, Check Cashing, and Tattoo and Body Piercing Studio be restricted due to the close proximity of the residential neighborhoods. When the applicant comes back with the Landscaping Plan, Councilmember Valentine would like to see the detention area attractive with landscaping, since it will front Belt Line Road. The applicant said she felt the property owner would be amenable to that request.
Councilmember Respess and the applicant discussed the elevations that the residential property owners to the east would view. The applicant said with the dirt fill, there may not be much of a difference, but they would do more research.
Councilmember Williams asked the applicant if they had done any other developments of this size. The applicant said in Garland, Richardson, and Plano. Councilmember Williams asked what size restaurants were built in Garland. The applicant replied that examples would be a Subway, a Mom and Pop Restaurant, an Ice Cream Shop, a Donut Shop, etc. for 1,500 sq.ft to 2,000 sq.ft. She said several smaller shops are more likely than a 7,000 sq.ft. contiguous restaurant.
Councilmember Sherman said he would like to see the stipulation of no check cashing businesses. He said the City has a serious problem with tree mitigation and asked if the developer could save the trees so that it is a natural landscape for the residential community behind it, insulating it from the retail development.
Mayor Waddle asked Mr. Vatthauer if he had talked to the neighbors in the area. Mr. Vatthauer said letters went out to 36 residents and no one spoke at the Planning and Zoning Commission meeting.
Motion to close this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance for the public record.
Motion to approve Case Z-1118-07, a General Retail Planned Development (PD-133) for Oak East Plaza with the following stipulations: (1) Exclude Bois d’ Arc, Cottonwood, Cedar, and Hackberry trees from the Tree Survey and survey the remaining trees that are eight inches (8’’) in caliper or greater; (2) Require a 25 foot landscape buffer along the entire length of the east property line; and (3) Prior to any lot being developed, the Planned Development must be amended to include the review and approval of the detailed Site Plan, Landscape Plan, Elevations, and Tree Survey; and the City Council stipulations that the following businesses would not be allowed: Institutions for Alcholic, Narcotic, or Phyciatric Patients, Youth Shelters, Check Cashing, and Tattoo and Body Piercing Studio due to the close proximity of the residential neighborhoods; and to adopt Ordinance 1747-07. Moved by Councilmember Valentine, seconded by Mayor Pro Tem Clardy.
Vote to approve Case Z-1118-07, a General Retail Planned Development (PD-133) for Oak East Plaza with the following stipulations: (1) Exclude Bois d’ Arc, Cottonwood, Cedar, and Hackberry trees from the Tree Survey and survey the remaining trees that are eight inches (8’’) in caliper or greater; (2) Require a 25 foot landscape buffer along the entire length of the east property line; and (3) Prior to any lot being developed, the Planned Development must be amended to include the review and approval of the detailed Site Plan, Landscape Plan, Elevations, and Tree Survey; and the City Council stipulations that the following businesses would not be allowed: Institutions for Alcholic, Narcotic, or Phyciatric Patients, Youth Shelters, Check Cashing, and Tattoo and Body Piercing Studio due to the close proximity of the residential neighborhoods; and to adopt Ordinance 1747-07. (Approved)
3. Consider Case Z-1121-07; a Specific Use Permit (SUP) for a Contractor’s Shop with outdoor storage; located at Kestrel Avenue north of Seahawk Drive; consisting of approximately 1 acre and containing 1 lot; Applicant: Edward F. Cummings; Owner: James Smith; and adopting Ordinance.
Click Here to View E.3. Management Report
City Secretary Shipman read the caption of Public Hearing E.3. into the official record.
Motion to open this Public Hearing. Moved by Councilmember Valentine, seconded by Councilmember Williams.
Vote to open this Public Hearing. (Approved)
Linda Zombeck, Senior Planner, presented excerpts from the staff report.
For clarification purposes, opposition to this case was over 20% (27.03%) of the property owners notified within 200 feet. Six (6) notices were mailed to the adjoining property owners. One (1) reply was received in favor and one (1) reply was received in opposition. A vote for approval will require a super majority vote of 6 of the 7 Councilmembers.
Mayor Waddle and Councilmembers discussed the trees on the property serving as the screening. Ms. Zombeck said if trees are removed or damaged, they would need to be replaced. Councilmember Valentine asked if the storage would be taller than 6’. Ms. Zombeck said the pallets will be wrapped and should not be taller. Councilmember Respess asked what type of trees were on the property. Ms. Zombeck said the applicant did not do a tree survey, however, there was a thick stand of trees. Councilmember Valentine said the Planning and Zoning Commission felt that if the trees died, the property owner should take action to have them replaced. Mayor Waddle asked if there was any other discussion about screening. Councilmember Valentine said the Planning and Zoning Commission felt that if trees were there, it would be sufficient screening. Councilmember Respess asked for confirmation that the trees are adequate screening, applicant is willing to maintain and replace trees as they die off, put up a wall with stacking no higher than the 6’ wall, and store only palletized paving stones. Ms. Zombeck confirmed.
Chris Johnson, representing Cummings and Associates, 204 N. Main Street, Suite 112, Duncanville,Texas, addressed Council from the podium stating he was availalble to answer questions for the City Council. Mayor Waddle said he was trying to visualize screening the 6’ chain link fence with the trees, because in the winter, foliage will be lost and the willow trees will not screen very much. He would like to see vegetation along the 150’ chain link fence because the trees could die. He asked if the applicant would have a problem with providing screening on the chain link fence. Mr. Johnson said he did not feel the applicant would have a problem in providing the screening and said Mayor Waddle’s point was valid. Mayor Waddle said the vegetation would fill out and provide screening for the chain link fence. Councilmember Respess said he would be happier with screening of appropriate vegetation that would blend in with the creek environment and would give some assurance that screening would be available winter, summer, spring, and fall. Councilmember Valentine said there was some discussion in the Planning and Zoning meeting about how often there would be outside storage. Mr. Johnson said pallets would be coming in and distributed to projects outside the property; there would be a continuous flow of product and the quantities would vary at times, but there would always be something there.
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 into the official record.
Mayor and Council discussion of screening materials for the chain link fence. Councilmember Valentine feels the live screening with a fence at the Wal-Mart Distribution Center on Wintergreen is a great example.
Motion to approve the item as presented with the three (3) stipulations from staff, with a change to stipulation 3 that the chain link fence along the rear of the property would also be screened with live screening and to adopt Ordinance 1748-07. Moved by Councilmember Valentine, seconded by Mayor Pro Tem Clardy.
Vote to approve the item as presented with the three (3) stipulations from staff, with a change to stipulation 3 that the chain link fence along the rear of the property would also be screened with live screening and to adopt Ordinance 1748-07. (Approved)
4. Consider Zoning Case Z-1125-07 an Amendment to Summit Parks Planned Development 109 (PD-109) regarding changing the number of lots within several blocks; an area south of Spinner Road between Westmoreland Road and Hampton Road; on approximately 156.45 acres of land, consisting of 141.3 acres for residential and 15.15 acres for neighborhood services; Applicant: Mardy Brown; Owner: SDC Summit Parks; and adopting Ordinance.
Click Here to View E.4. Management Report
City Secretary Shipman read the caption of Public Hearing E.4. into the official record.
Motion to open this Public Hearing. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Respess.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planing and Zoning Manager, presented the staff report.
Mardy Brown, representing the applicant, addressed Council. A Response Card was not submitted to provide the applicant’s information.
Motion to close this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Helm.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of Ordinance into the public record.
Motion to approve Case Z-1125-07, an amendment to the Planned Development for Summit Park, to change the number of lots in several blocks, which would result in one additional lot and to adopt Ordinance 1749-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Case Z-1125-07, an amendment to the Planned Development for Summit Park, to change the number of lots in several blocks, which would result in one additional lot and to adopt Ordinance 1749-07. (Approved)
5. Conduct a Public Hearing to consider a Resolution creating a Public Improvement District No. 3 (PID) for Summit Parks Subdivision (PD-109) consisting of 141.58 acres.
Click Here to View E.5. Management Report
City Secretary Shipman read the caption of Public Hearing E.5. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to open this Public Hearing. (Approved)
Tracie Hlavinka, Community Initiatives Manager, presented the report to Council.
Eddie Collins, Goodman Land Advisors, 5700 W. Plano Parkway, Suite 3000, Plano, Texas 75093, addressed Council to respond to questions from City Council.
Motion to close this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to close this Public Hearing. (Approved)
Motion to approve the item as presented for the creation of the Summit Parks Public Improvement District, PID#3, consisting of 141.58 acres and Resolution 07-22. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to approve the item as presented for the creation of the Summit Parks Public Improvement District, PID#3, consisting of 141.58 acres and Resolution 07-22. (Approved)
6. Consider Case SB-001-07; an Amendment to Section 10.217 of the Subdivision Ordinance, which will allow staff to approve minor replats. The applicant is City of DeSoto; and adopting Ordinance.
Click Here to View E.6. Management Report
City Secretary Shipman read the caption of Public Hearing E.6. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Valentine.
Vote to open this Public Hearing. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented the report to City Council.
Motion to close this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to close this Public Hearing. (Approved)
Motion to approve Case SB-001-07, an amendment to Section 10.217 of the Subdivision Ordinance, which will allow staff to approve minor replats and to adopt Ordinance 1750-07. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to approve Case SB-001-07, an amendment to Section 10.217 of the Subdivision Ordinance, which will allow staff to approve minor replats and to adopt Ordinance 1750-07. (Approved)
NOTE:
Public Hearings posted as item 7, 8, and 9 were considered by Council in a different numerical sequence. The new order is Public Hearing item 9, 7, and 8.
9. Conduct a Public Hearing on the Budget and Assessment Rate for the Candle Meadow Public Improvement District (CMPID) and consider an Ordinance to adopt the Five Year plan, adopting the Budget for FY 2007-2008, and Levying a Special Assessment for 2007.
Click Here to View E.9. Management Report
Public Hearing Item E.9. considered out of posting sequence.
City Secretary Shipman read the caption of Public Hearing E.9. into the record and introduced Camelia Browder, Finance Manager, to present the staff report.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Respess.
Vote to open this Public Hearing. (Approved)
Carla Hall, 1113 Raspberry, DeSoto, Texas, representative of the Candle Meadow Home Owners Association, addressed Council.
Motion to close this Public Hearing. Moved by Councilmember Helm, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance.
Motion to approve adoption of the Five Year Plan, the FY 2007-2008 Budget, and the 2007 Assessment Rate of 17.3 cents per $100 valuation and to adopt Ordinance 1751-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve adoption of the Five Year Plan, the FY 2007-2008 Budget, and the 2007 Assessment Rate of 17.3 cents per $100 valuation and to adopt Ordinance 1751-07. (Approved)
NOTE:
Public Hearings posted as item 7, 8, and 9 were considered by Council in a different numerical sequence. The new order is Public Hearing item 9, 7, and 8.
7. Conduct a Public Hearing on the Proposed Budget, Capital Improvement Plan (CIP), and Work Plan for FY 2007-2008.
Click Here to View E.7. Management Report
Public Hearing E.7. considered out of posting sequence.
City Secretary Shipman read the caption of Public Hearing Item E.7. into the public record and introduced Finance Manager Camelia Browder to present the report to Counci.
Motion to open this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to open this Public Hearing. (Approved)
Ms. Browder presented the staff report to Council.
Motion to close this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
Public Hearing conducted. No voting action required.
NOTE:
Public Hearings posted as item 7, 8, and 9 were considered by Council in a different numerical sequence. The new order is Public Hearing item 9, 8, and 7.
8. Conduct Public Hearing on proposed Tax Rate for 2007.
Click Here to View E.8. Management Report
Public Hearing E.8. considered out of posting sequence.
City Secretary Shipman read the caption of Public Hearing E.8. into the public record.
Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Respess.
Vote to open this Public Hearing. (Approved)
Camelia Browder, Finance Manager, presented the report.
Velma Pearson, 1065 Briarwood Lane, DeSoto, Texas, 75115, addressed Council regarding the proposed Tax Rate for 2007. She read prepared comments and survey results she prepared comparing tax rates for the Cities of DeSoto and Cedar Hill.
Motion to close this Public Hearing. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to close this Public Hearing. (Approved)
Public Hearing conducted. No voting action required.
10. Consider an Ordinance denying the request of Atmos Energy Corp., Mid-Tex Division, for the 2006 annual Gas Reliability Infrastructure Program (GRIP) rate increase.
Click Here to View E.10. Management Report
City Secretary Shipman read the caption of Public Hearing E.10. into the public record and introduced Assistant City Manager Lynda Humble to present the report to Council.
Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to open this Public Hearing. (Approved)
Assistant City Manager Humble presented the staff report to City Council.
Motion to close this Public Hearing. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Valentine.
Vote to close this Public Hearing. (Approved)
City Secretary Shipman read the caption of the Ordinance into the official record.
Motion to approve Ordinance 1752-07 to deny the Atmos Energy Corporation's 2006 GRIP Filing. Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.
Vote to approve Ordinance 1752-07 to deny the Atmos Energy Corporation's 2006 GRIP Filing. (Approved)
F. REGULAR AGENDA - New Business
1. Consider Appointment by City Manager to the Civil Service Commission.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda Iem F.1.
Andre Houser, Human Resources Manager, presented the report.
Motion to approve the appointment of Bill Waibel to the DeSoto Civil Service Commission for an additional three-year term efffective October 1, 2007 through September 30, 2010. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve the appointment of Bill Waibel to the DeSoto Civil Service Commission for an additional three-year term efffective October 1, 2007 through September 30, 2010. (Approved)
2. Consider a Memorandum of Understanding between the City of DeSoto and the DeSoto Economic Development Corporation regarding participation in the Incentive Agreement with McGraw Hill Companies, Inc.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.2.
City Manager Baugh verbally presented information for Regular Agenda Item F.2. and Regular Agenda Item F.3. The items will be voted on individually.
Councilmember Respess stated that the Dallas Central Appraisal District has not granted freeport exemption to any of their inventory, so depending on how their lawsuit against the Appraisal District goes, that may modify our exposure. City Manager Baugh said that was a good point. Councilmember Respess asked if it was fair to assume that depending on what is done with goods in transit, it could in fact, have a significant impact on this agreement. City Manager Baugh said it would have a very significant impact. Councilmember Respess asked if the report represents the City's real exposure, but rather our maximum exposure.
Scott Livingston, Executive Director of the DeSoto Economic Development Corporation, addressed Council stating that the Board of Directors are in support of this incentive agreement between the City, DEDC, and the McGraw Hill Companies. The DEDC is a partner with the City Council, to retain the non-residential tax base, to partner with the City Council to expand the non-residential tax base, to retain and keep these primary jobs in our community, to sustain and to increase the quality of life here in DeSoto, our All-America City.
Motion to authorize the Mayor to execute the Memorandum of Understanding with the DeSoto Economic Development Corporation covering the DeSoto Economic Development Corporation participation in the annual incentive payments to McGraw Hill Companies, Inc. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Helm.
Vote to authorize the Mayor to execute the Memorandum of Understanding with the DeSoto Economic Development Corporation covering the DeSoto Economic Development Corporation participation in the annual incentive payments to McGraw Hill Companies, Inc. (Approved)
3. Consider authorizing the Mayor to execute an Incentive Agreement with the McGraw Hill Companies, Inc.
Click Here to View F.3. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.3. into the record.
City Manager Baugh verbally presented information for Regular Agenda Item F.2. and Regular Agenda Item F.3. The items will be voted on individually.
Motion to to authorize the Mayor to execute the Incentive Agreement with McGraw Hill Companies, Inc. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to to authorize the Mayor to execute the Incentive Agreement with McGraw Hill Companies, Inc. (Approved)
G. REGULAR AGENDA - Old Business
No items scheduled for this Agenda.
H. CITIZEN APPEARANCES
No additional request to speak cards were submitted.
I. ANNOUNCEMENTS
Mayor Waddle announced that the DeSoto Eagles play on Friday night.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
No items scheduled for this Agenda.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at 10:48 pm.
Total meeting time for Regular Agenda: 3 hr. 48 min.
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