Camelia Browder, Managing Director of Finance, provided a handout and introduced Ed Lopez to review House Bill 621. City Attorney Pete Smith reviewed the legal aspects. City Manager Baugh stated the Best Southwest City Managers are not in favor.

4. Discussion of City's Purchasing Process as it relates to Historically Underutilized Businesses (HUB).

Click Here to View Presentation Regarding HUBs

Johnny Sutton, Purchasing Manager, provided a PowerPoint presentation. Mr. Sutton will provide quarterly reports to Council in the Friday E-Briefing documents.

Mayor Waddle recessed the Work Session at 6:59 p.m.

B. REGULAR SESSION - CALL TO ORDER

Mayor Waddle called the meeting to order at 7:01 pm.

Roll Call: 7 members present, 0 members absent, 0 members excused.

1. Invocation by: Pastor Mel Caraway, First United Methodist Church

2. Pledge of Allegiance led by Mayor Pro Tem Thelma Clardy

3. Ambassador: Rickey Owens, Police Department - Rickey has lived in Cedar Hill most of his life and started with the DeSoto Police department as an Explorer in 1999, became a Jailer in 2001, went on to become a Reserve Officer in 2005, and became a full time paid officer in August 2006. Officer Owens is currently working on a Bachelors Degree in Criminal Justice at the University of Texas at Arlington. In his spare time he likes to spend time with his Dad, watch movies and take target practice.

Mayor Waddle introduced the new employees in the Development Services Department: Crystal Owens, City Engineer; Isom Camerion, Water Superintendent

City Secretary Shipman read the Response Card procedure for the benefit of the audience:
"We ask each person that will be addressing Council to please complete a Blue Response Card with the Agenda Item number, your name, business name, and address. This request applies to applicants, representatives, or the public that will address Council regarding a posted Agenda Item.   Please submit the completed Blue Response Card to the Ambassador located at the entrance to the Council Chamber.  The Mayor will call the person to the podium at the appropriate time.

The Citizen Appearance portion of the Agenda is an opportunity for the public to address the City Council on subject matters that are not posted to the meeting Agenda and also requires the Response Card to be submitted.  The Mayor will call the person to the podium at the appropriate time. However, in accordance with the Texas Open Meetings Act, the City Council cannot discuss issues raised or make any decision at that time. Issues raised may be referred to City Staff for research and possible future action".

C. PRESENTATIONS

4. Presentation of Proclamation in observance of National POW/MIA Recognition Day.

Mayor Waddle commented that he had friends that were POW in Vietnam and they spent a long period of time there. He has always admired them for being able to maintain their sanity and for hanging on. The River Rats had a saying, We must never forget. "We came home, but others did not get to and are still missing out there. So it is a very special time for us to remember those who spent a long time in captivity and for those that never came home". Mayor Waddle acknowledged the City's POW MIA Annual Poster collection beginning in 2001 on display in the Council Chamber. Mayor Waddle held the 2007 POW MIA Annual Poster for the audience to see. Councilmember Respess said, "We all should keep in mind the sacrifices these brave men and women that have served our Country have made every day. Those sacrifices have enabled us to gather here as we are tonight in the governance of this City and to walk the streets in freedom". Councilmember Respess read the Proclamation to the audience.

5. Presentation of August 2007 Financial Report.

Click Here to View August 2007 Financial Report

Patrick Harvey, Assistant Finance Manager, presented the Financial Report.

D. CONSENT AGENDA
Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager.

1. Approval of City Council Minutes

a. Regular Meeting - 09-04-07

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 - 09-21-06, 01-18-07, 02-15-07, 03-22-07, 04-19-07, 05-24-07, 06-21-07

Click Here to View Civil Service Commission Minutes Submitted for Acceptance

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

a. Consider a Resolution adopting City Financial Policies.

Click Here to View D.3.a. Management Report

At the request of Mayor Waddle, Patrick Harvey, Assistant Finance Manager, presented the staff report for the benefit of the audience.

4. Contracts and Agreements

a. Consider an Interlocal Agreement with Dallas County to join the Household Hazardous Waste Network.

Click Here to View D.4.a. Management Report

At Mayor Waddle’s request, Jimmy Stephens, presented a summary of the staff report for the benefit of the audience.

5. Other Consent Items No items scheduled for this Agenda.

Motion to approve the Consent Agenda as presented and to adopt Resolution 07-23 for Consent Agenda Item D.3.a. Moved by Councilmember Helm, seconded by Councilmember Respess.

Vote to approve the Consent Agenda as presented and to adopt Resolution 07-23 for Consent Agenda Item D.3.a. (Approved)

E. PUBLIC HEARINGS

1. Consider Zoning Case Z-1119-07; a change in zoning from Planned Development 20 (PD-20) to Industrial Park (IP) for two tracts of land located west of N. I-35E and south of Danieldale Road; and adopting Ordinance.

Click Here to View E.1. Management Report

City Secretary Shipman read the caption of Public Hearing E.1. for the official record.

Motion to open Public Hearing E.1. Moved by Councilmember Sherman, seconded by Councilmember Williams.

Vote to open Public Hearing E.1. (Approved)

Linda Zombeck, Senior Planner, presented the staff report for Council consideration.

Richard Rozier, 1801 North Hampton Road, DeSoto, Texas, representing the applicant Hillwood Investment Properties, addressed Council and provided a presentation for Crossroads Trade Center, Hillwood Investment Properties, a division of Hillwood Enterprises, L.P.

Dan Tatsch, 5430 LBJ Fwy Suite 800, Dallas, Texas, Applicant, addressed Council and provided a presentation. Discussion followed regarding industrial buildings and the square footage prerferred by potential clients. Hillwood wants their buildings to look better than typical warehouse buildings. Hillwood understands Council’s desire is for retail development and they are mindful of that however they feels the large industrial buildings of 1,000,000 sq.ft. or more is the best use of this area and they are being built all around this area. The trend is that deals are getting bigger and clients to not want to wait for a building to be built. Mayor Waddle discussion of detention ponds. Councilmember Williams asked what the retail activity had been. Mr. Tatsch deferred the question to David Dunning, 7001 Preston Road, Dallas, Texas. Mr. Dunning said he had worked with retail for 40 years including Mockingbird Station. He said hotels are not a catalist for retail development and feels they came because of the widening of I-35 and the industrial development. He does not feel this area will ever become retail. Mayor Pro Tem Waddle asked if he was aware of any retail companies that are interested in that space. He replied "no", only a gas station if DeSoto went wet.

Councilmember Valentine asked what circumstances over the last five years to start development; what is different now than two years ago? Why now? He said the developers are here now because the area has natural attributes, good transportation, structure, labor pool, and land. Some believe it is because of the Intermodel and they can buy land less expensive than to the north; dynamics are better here than north of the airport.

Mr. Rozier said he knows there is a concern about two areas; the front door of the City and giving up on the dream of retail for DeSoto. A lot of people worked a lot of years to make that a reality. He addressed Councilmember Valentine is response to her question of "why now" saying that what is different is there is a 550,000 sq.ft. building built and it is not pie-in-the-sky. He said they are willing to put a monument at Centre Park Blvd. to tie in to the signage for the Industrial Park and to tie in to the All-America City monument at Pleasant Run; they are sentitive to the "front door" to make sure it is landscaped correctly, the facade looks right, and it is not an embarrasment. The question is how to maximize the tax base. Distribution is good tax base and not a lot of services are required. Per the North Central Texas Council of Governments, I-35 and I-20 is the largest structure intersection in the United States. He is asking the Council to add 1,000,000 sq.ft. in Industrial Development that would be appraised at approximately $35 a sq.ft. on the tax roles. He feels the inventory value and personal property value would be a conservative $20 a sq.ft. DW Distribution has 338,000 sq.ft. and their personal property value is $13,000,000. His point: that is $55 sq.ft. to equal $55,000,000 in new value added to the City at 70 cents per $100 equals $390,000 in new increases in taxes. In retail sales values, it would require $26,000,000 in annual sales (a large box retailer) on that corner property to offset. He thanked the Council for their time and patience and asked that the Council consider their request favorably.

Scott Livingston, Executive Director of DeSoto Economic Development Corporation, addressed Council as a representative of the DEDC Board of Directors, President Curtistene McCowan, Brian Ball, James Zander, Perry Holloway, and Aaron Carter. Mr. Livingston read the DEDC Position Statement regarding the application to rezone this land. He said if Council approves the zoning tonight, the study would not be done. Councilmember Williams asked how long the study would take. Mr. Livingston said the proposal indicated three to six months. Councilmember Respess asked if the feasiblity of bi-directional traffic on the frontage road was a realistic possibility. Mr. Livingston said that is something the Board also wanted to include. Mayor Pro Tem Clardy asked if that would be realistic from TxDot’s point of view. Councilmember Respess believes that TxDot would not allow that at all.

Gayla Frazier, 941 Foxwood Drive, DeSoto, Texas, a resident for 22 years, addressed Council and respectfully requested that all speakers say their name and address out loud because she would like to know if they are DeSoto residents. Ms. Frazier read a prepared statement and stated she served on the Planning and Zoning Commission for six years during which time the Comprehensive Plan for the City was developed; she currently serves as the President of DeSoto Concerned Citizens; Ms. Frazier feels it is important that the gateway to the City is impressive and draws people and business to our City so the residents of DeSoto have the services they need. She feels it is vital that the development east of Hampton Road and north of Beltline Road be carefully considered.

Councilmember Sherman comments and reference to the Crossroad Trade Center map and suggested changes he would like to see for the development. City Attorney Smith said this case is straight zonging and Council can not add features such as a detention pond and can not impose any restrictions. Councilmember Sherman asked if the applicant be interested. Mr. Tatsch said they would build the buildings as rendered on the screen, they will commit to have their sign architect carry the theme for All-America City.

Councilmember Valentine asked when the building would begin. Mr. Tatsch said as soon as they leased a substantial portion of Building 1, they would begin design on Building 2 and from design to permitting, requires approximately eight months.

Discussion by Councilmembers and Applicants regarding landscaping. Mr. Tatsch suggested that before spending money at this time, to finish design and then decide on landscaping after the shell is up. Councilmember Valentine said since this is straight zoning, what opportunity will we have. City Attorney Smith said "zero". Councilmember Williams said if the stipulations carry no weight and if deal is not in writing, it is not a done deal; and the question is, can we make this a Planned Development with a base zoning of IP. City Attorney Smith said it could be converted to a Planned Development limited to site plan, landscape, and water feature; but Applicant is not ready to commit because he does not know what it is going to cost. Councilmember Sherman asked if the Planning and Zoning Commission recomendation with stipulation was null and void. Attorney Smith said he was not present at that Planning and Zoning Meeting, but it is academic now because it is straight zoning and extra conditions can not be added. Mr. Tatsch said a Planned Development is unknown to him, but their intent is to build the two buildings with the renderings as presented, or he will not have anything to do with it. It does not address the other concerns of Council. A PD is an unknown to him and he can not commit but feels the details can be worked out with Council; they are not opposed to exploring the PD. City Attorney Smith said the best way to handle this is to send it back to the Planning and Zoning Commission because these matters can not be solved tonight; it is 10:00 pm and this is the first Public Hearing of the meeting. Not going to solve these things tonight. Discussion by City Manager Baugh and Managing Director Johnson of turning the detention pond into a retention pond. Mr. Johnson reviewed the plans and said water features require a lot of maintenance and wonderred how it could be kept full all the time.

Mr. Rozier said, in the interest of time, asked if it could be tabled and brought back in another form after working with Mr. Johnson to address the detention, landscaping, stipulation to work with architect on the monument, and other things that Council is concerned about. If Council is amenable, they are amenable. Councilmember Valentine feels that while waiting, the study should be done; three months to find out the best use of this land, is a short period of time considering the years that we have already waited; and if Building 1 will not be finished until February; this is an important piece of land; there are two things to be done, (1) do the study and react to it, (2) or to at least have control over the look of the property. I like industrial development, if study says best and highest use of this land is industrial, then we will be ready to go. Mr. Rozier said they are willing to do the PD; this started last fall, almost one year, to get to this point, if consultant did it in 90 days, we are into the Christmas season, and to be realistic it would be in March; they are concerned about making that time table; under those circumstances he asked that Council consider their application; but, if Council says to come back with a PD deal, they are willing to do that. Mayor Pro Tem Clardy asked how long it would take. Mr. Rozier said 30 days.

Motion to close Public Hearing for Zoning Case Z-1119-07. Moved by Councilmember Sherman, seconded by Councilmember Valentine.

Vote to close Public Hearing for Zoning Case Z-1119-07. (Approved)

City Manager Baugh asked City Attorney Smith what the process should be at this point. Attorney Smith said it should be tabled and bring back to Council for the second meeting in October; it will still be the same use but will have additional stipulations; Council can grant zoning that is less intense than what was advertised; since not changing use, it will not require another Public Hearing and will be placed on the Agenda as an action item; or the Public Hearing could be continued to October 16th allow opportunity for others to speak and address what will be presented that night; which probably might be the better thing to do because there may be people that want want to speak or make a presentation to Council. The more appropriate thing to do would be to continue the Public Hearing. City Manager Baugh said since it would not be sent back to the Planning and Zoning Commission, the Public Hearing should remain open. City Attorney Smith said Council needs to make another motion to re-open this Public Hearing.

Motion to re-open the Public Hearing for Z-1119-07. Moved by Councilmember Respess, seconded by Mayor Pro Tem Clardy.

Vote to re-open the Public Hearing for Z-1119-07. (Approved)

Motion to continue Public Hearing for Z-1119-07 until the second meeting in October. Moved by Councilmember Williams, seconded by Councilmember Respess.

Vote to continue Public Hearing for Z-1119-07 until the second meeting in October. (Approved)

2. Consider Zoning Case Z-1122-07; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) for approximately 1.76 acres; located west of Little John Road and south of Belt Line Road; Applicant: Winkelmann and Associates; Owner: Jeff Williams; and adopting Ordinance.

Click Here to View E.2. Management Report

City Secretary Shipman read the caption of Public Hearing E.2. for the public record.

Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Respess.

Vote to open this Public Hearing. (Approved)

Linda Zombeck, Senior Planner, presented the staff report.

Richie Brown, 108 Honey Tree Court, submitted a Response Card to speak on this item but was not available.

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 public record.

Motion to approve Zoning Case Z-1122-07 a change in zoning from Single Family 9 to General Retail for a 1.76 acre tract located west of Little John Road and south of Belt Line Road and to adopt Ordinance 1753-07. Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.

Vote to approve Zoning Case Z-1122-07 a change in zoning from Single Family 9 to General Retail for a 1.76 acre tract located west of Little John Road and south of Belt Line Road and to adopt Ordinance 1753-07. (Approved)

3. Consider Zoning Case Z-1123-07; a change in zoning from Office-2 (O-2) to General Retail (GR) for approximately 3.89 acre tract of land; located west of I-35E and south of Belt Line Road; Applicant: Winkelmann and Associates; Owner: Jeff Williams; and adopting Ordinance.

Click Here to View E.3. Management Report

City Secretary Shipman read the caption of Public Hearing E.3. for the public record.

Linda Zombeck, Senior Planner, presented the staff report.

Motion to open Public Hearing E.3. Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.

Vote to open Public Hearing E.3. (Approved)

Motion to close Public Hearing E.3. Moved by Councilmember Sherman, seconded by Councilmember Williams.

Vote to close Public Hearing E.3. (Approved)

City Secretary Shipman read the caption of the Ordinance for the public record.

Motion to approve Zoning Case Z-1123-07 a change in zoning from Office-2 to General Retail for a 3.89 acre tract located west of I-35E and southe of Belt Line Road and to adopt Ordinance 1754-07. Moved by Councilmember Respess, seconded by Councilmember Sherman.

Vote to approve Zoning Case Z-1123-07 a change in zoning from Office-2 to General Retail for a 3.89 acre tract located west of I-35E and southe of Belt Line Road and to adopt Ordinance 1754-07. (Approved)

4. Consider Zoning Case Z-1124-07; to revise the Comprehensive Zoning Ordinance, Section 36.8, Use Chart, Auto and Related Uses, to permit Used Auto Sales in the C-1 Commercial Zoning District with a Specific Use Permit; Applicant: City of DeSoto; and adopting Ordinance.

Click Here to View E.4. Management Report

City Secretary Shipman read the caption of Public Hearing E.4. for the public record.

Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Valentine.

Vote to open this Public Hearing. (Approved)

Linda Zombeck, Senior Planner, presented the report.

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 public record.

Motion to approve Zoning Case Z-1124-07 to amend the Comprehensive Zoning Ordinance Section 36.8, Automobile and Related Uses, Used Auto Sales, to permit used auto sales in the C-1-Commercial zoning district with a Specific Use Permit and to adopt Ordinance 1755-07. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.

Vote to approve Zoning Case Z-1124-07 to amend the Comprehensive Zoning Ordinance Section 36.8, Automobile and Related Uses, Used Auto Sales, to permit used auto sales in the C-1-Commercial zoning district with a Specific Use Permit and to adopt Ordinance 1755-07. (Approved)

F. REGULAR AGENDA - New Business

1. Consider Appointment of Public Health Authority (Dr. Dean Gafford).

Click Here to View F.1. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.1. for the public record.

Jimmy Stephens, Environmental Health Specialist, presented to staff report to Council.

Motion to reappoint Dr. Dean Gafford as the City of DeSoto Public Health Authority with the term to begin October 1, 2007 and end on September 30, 2008. Moved by Councilmember Respess, seconded by Councilmember Sherman.

Vote to reappoint Dr. Dean Gafford as the City of DeSoto Public Health Authority with the term to begin October 1, 2007 and end on September 30, 2008. (Approved)

2. Consider an Ordinance adopting the Budget for the Fiscal Year beginning October 1, 2007 and ending September 30, 2008; Adopting the 2008-2012 Capital Improvement Plan and adopting the 2007-2008 Work Plan.

Click Here to View F.2. Management Report

City Secretary Shipman read the caption of Regular Agenda F.2. for the public record.

Patrick Harvey, Assistant Finance Manager, presented the staff report.

Councilmember Respess requested that a summary document of the budget be prepared that would be comprehensive to the average person. Mr. Harvey said he could put the summary budget pamphlet on the City's website. City Manager Baugh said the Budget that is presented to the public is not a line item budget.

Mayor Waddle suggested that for informational purposes, the City add a pie-graph to the pamphlet to indicate the amount of school taxes paid by the citizens. City Manager Baugh said it would be possible to have a chart that shows the total taxes paid to school, city, and county.

City Secretary Shipman read the caption of the Ordinance for the public record.

Motion to approve Ordinance 1756-07 adopting the Budget for FY 2008 for the City of DeSoto, adopting the Capital Improvement Plan for 2008-2012, and adopting the 2007-2008 Work Plan. Moved by Councilmember Sherman, seconded by Councilmember Williams.

Vote to approve Ordinance 1756-07 adopting the Budget for FY 2008 for the City of DeSoto, adopting the Capital Improvement Plan for 2008-2012, and adopting the 2007-2008 Work Plan. (Approved)

3. Consider an Ordinance setting the Tax Rate and levying the Ad Valorem Taxes for the 2007 tax year.

Click Here to View F.3. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.3.

Camelia Browder, Managing Director Financial Services, presented the staff report. A legislative change for 2007 was the requirement that the budget cover page must contain the following, "This budget will raise more total property taxes than last year's budget by $983,450 7.3%, and of that amount $872,846 is tax revenue to be raised from new property added to the roll this year."

Two actions will be taken for Regular Agenda Item F.3.

Motion to increase property taxes by the adoption of a tax rate of $0.709733. (First Action) Moved by Councilmember Williams, seconded by Councilmember Respess.

Vote to increase property taxes by the adoption of a tax rate of $0.709733. (First Action) (Approved)

City Secretary Shipman read the caption of Ordinance 1757-07 for the public record.

Motion to approve Ordinance 1757-07 adopting the tax rate of 48.592 cents per $100 valuation for operating and maintenance and 22.381 cents per $100 valuation for a total tax rate of 70,973 cents per $100 valuation and levying the ad valorem taxes for the tax year 2007. (Second Action) Moved by Councilmember Helm, seconded by Councilmember Valentine.

Vote to approve Ordinance 1757-07 adopting the tax rate of 48.592 cents per $100 valuation for operating and maintenance and 22.381 cents per $100 valuation for a total tax rate of 70,973 cents per $100 valuation and levying the ad valorem taxes for the tax year 2007. (Second Action) (Approved)

4. Consider an Ordinance amending Chapter 12 of the Code of Ordinances to add Article 12.800, Automated Traffic Signal Enforcement.

Click Here to View F.4. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.4. for the official record.

Tom Johnson, Managing Director of Development Services, provided the staff report to Council.

Council discussion regarding the major components and language of the Ordinance.

City Secretary Shipman read the caption of the Ordinance for the public record.

Motion to approve Ordinance 1758-07 amending Chapter 12 of the Code of Ordinances, to add Article 12.800, Automated Traffic Signal Enforcement. Moved by Councilmember Helm, seconded by Councilmember Valentine.

Vote to approve Ordinance 1758-07 amending Chapter 12 of the Code of Ordinances, to add Article 12.800, Automated Traffic Signal Enforcement. (Approved)

Councilmember Williams and Councilmember Respess voted against the Ordinance.

5. Consider a contract with Traffipax, Inc. to implement and operate the Automated Traffic Signal Enforcement Program.

Click Here to View F.5. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.5. for the public record.

Tom Johnson, Managing Director of Development Services, presented the staff report to Council.

Councilmember Respess led the discussion regarding the contract language.

Councilmember Williams raised questions regarding the process.

Mark Hammer, Vice President of Sales for Traffipax, Inc., addressed Council to review the process and provide statistics.

Motion to approve a contract with Traffipax, Inc. for the Automated Traffic Signal Enforcement Program. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Valentine.

Vote to approve a contract with Traffipax, Inc. for the Automated Traffic Signal Enforcement Program. (Approved)

Councilmember Williams and Councilmember Respess voted against the contract with Traffipax, Inc.

NOTE: A brief interuption of the audio and video occurred at this point in the meeting.

6. Consider an agreement with Dallas County for the City of DeSoto to provide Fire Protection Services in adjacent unincorporated areas of Dallas County.

Click Here to View F.6. Management Report

City Secretary Shipman read the caption of Regular Agenda Items F.6. and F.7. for the public record.

Fred Hart, Fire Chief, presented excerpts from the staff reports for Regular Agenda Items F.6. and F.7.

Motion to approve an agreement to provide fire protection services to the adjacent unincorporated areas of Dallas County. Moved by Councilmember Sherman, seconded by Councilmember Respess.

Vote to approve an agreement to provide fire protection services to the adjacent unincorporated areas of Dallas County. (Approved)

7. Consider an agreement with Dallas County for the City of DeSoto to provide Ambulance Services in adjacent unincorporated areas of Dallas County.

Click Here to View F.7. Management Report

Motion to approve an agareement to provide emergency medical services to the adjacent unincorporated areas of Dallas County. Moved by Councilmember Sherman, seconded by Councilmember Respess.

Vote to approve an agareement to provide emergency medical services to the adjacent unincorporated areas of Dallas County. (Approved)

G. REGULAR AGENDA - Old Business

No items scheduled for this Agenda.

H. CITIZEN APPEARANCES

No Response Cards were received.

I. ANNOUNCEMENTS

Councilmember Respess announced a Library program for gradeschool children on September 22nd and September 29th at 11:00 am and 3:00pm in the Quiet Reading Room.

Councilmember Sherman announced that Cedar Valley College will have a groundbreaking ceremony on September 20th at 10:00 a.m. for the new Industrial building.

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

K. ADJOURNMENT

Mayor Waddle adjourned the meeting at 11:28 pm. Total Regular meeting time 4 hours and 28 minutes.

Sep 18, 2007 City Council Meeting 2007-09-18

Full agenda
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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.

3. Council briefing on the new type of "Freeport exemption".

4. Discussion of City's Purchasing Process as it relates to Historically Underutilized Businesses (HUB).

Click Here to View Presentation Regarding HUBs

Johnny Sutton, Purchasing Manager, provided a PowerPoint presentation. Mr. Sutton will provide quarterly reports to Council in the Friday E-Briefing documents.

Mayor Waddle recessed the Work Session at 6:59 p.m.

B. REGULAR SESSION - CALL TO ORDER

Mayor Waddle called the meeting to order at 7:01 pm.

Roll Call: 7 members present, 0 members absent, 0 members excused.

1. Invocation by: Pastor Mel Caraway, First United Methodist Church

2. Pledge of Allegiance led by Mayor Pro Tem Thelma Clardy

3. Ambassador: Rickey Owens, Police Department - Rickey has lived in Cedar Hill most of his life and started with the DeSoto Police department as an Explorer in 1999, became a Jailer in 2001, went on to become a Reserve Officer in 2005, and became a full time paid officer in August 2006. Officer Owens is currently working on a Bachelors Degree in Criminal Justice at the University of Texas at Arlington. In his spare time he likes to spend time with his Dad, watch movies and take target practice.

Mayor Waddle introduced the new employees in the Development Services Department: Crystal Owens, City Engineer; Isom Camerion, Water Superintendent

C. PRESENTATIONS

1. Promotion of Lt. Wayne Nero to Assistant Chief of Police.

2. Presentation by Keep DeSoto Beautiful.

3. Presentation of Proclamation in recognition of Constitution Week.

Councilmember Williams read and presented the Proclamation to Elizabeth Reed, representing the Daughters of the American Revolution.

4. Presentation of Proclamation in observance of National POW/MIA Recognition Day.

5. Presentation of August 2007 Financial Report.

Click Here to View August 2007 Financial Report

Patrick Harvey, Assistant Finance Manager, presented the Financial Report.

D. CONSENT AGENDA
Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager.

1. Approval of City Council Minutes

a. Regular Meeting - 09-04-07

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 - 09-21-06, 01-18-07, 02-15-07, 03-22-07, 04-19-07, 05-24-07, 06-21-07

Click Here to View Civil Service Commission Minutes Submitted for Acceptance

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

a. Consider a Resolution adopting City Financial Policies.

Click Here to View D.3.a. Management Report

At the request of Mayor Waddle, Patrick Harvey, Assistant Finance Manager, presented the staff report for the benefit of the audience.

4. Contracts and Agreements

a. Consider an Interlocal Agreement with Dallas County to join the Household Hazardous Waste Network.

Click Here to View D.4.a. Management Report

At Mayor Waddle’s request, Jimmy Stephens, presented a summary of the staff report for the benefit of the audience.

5. Other Consent Items No items scheduled for this Agenda.

Motion to approve the Consent Agenda as presented and to adopt Resolution 07-23 for Consent Agenda Item D.3.a. Moved by Councilmember Helm, seconded by Councilmember Respess.

Vote to approve the Consent Agenda as presented and to adopt Resolution 07-23 for Consent Agenda Item D.3.a. (Approved)

E. PUBLIC HEARINGS

1. Consider Zoning Case Z-1119-07; a change in zoning from Planned Development 20 (PD-20) to Industrial Park (IP) for two tracts of land located west of N. I-35E and south of Danieldale Road; and adopting Ordinance.

Click Here to View E.1. Management Report

City Secretary Shipman read the caption of Public Hearing E.1. for the official record.

Motion to open Public Hearing E.1. Moved by Councilmember Sherman, seconded by Councilmember Williams.

Vote to open Public Hearing E.1. (Approved)

Linda Zombeck, Senior Planner, presented the staff report for Council consideration.

Motion to close Public Hearing for Zoning Case Z-1119-07. Moved by Councilmember Sherman, seconded by Councilmember Valentine.

Vote to close Public Hearing for Zoning Case Z-1119-07. (Approved)

Motion to re-open the Public Hearing for Z-1119-07. Moved by Councilmember Respess, seconded by Mayor Pro Tem Clardy.

Vote to re-open the Public Hearing for Z-1119-07. (Approved)

Motion to continue Public Hearing for Z-1119-07 until the second meeting in October. Moved by Councilmember Williams, seconded by Councilmember Respess.

Vote to continue Public Hearing for Z-1119-07 until the second meeting in October. (Approved)

2. Consider Zoning Case Z-1122-07; a change in zoning from Single Family-9 (SF-9) to General Retail (GR) for approximately 1.76 acres; located west of Little John Road and south of Belt Line Road; Applicant: Winkelmann and Associates; Owner: Jeff Williams; and adopting Ordinance.

Click Here to View E.2. Management Report

City Secretary Shipman read the caption of Public Hearing E.2. for the public record.

Motion to open this Public Hearing. Moved by Councilmember Sherman, seconded by Councilmember Respess.

Vote to open this Public Hearing. (Approved)

Linda Zombeck, Senior Planner, presented the staff report.

Richie Brown, 108 Honey Tree Court, submitted a Response Card to speak on this item but was not available.

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 public record.

3. Consider Zoning Case Z-1123-07; a change in zoning from Office-2 (O-2) to General Retail (GR) for approximately 3.89 acre tract of land; located west of I-35E and south of Belt Line Road; Applicant: Winkelmann and Associates; Owner: Jeff Williams; and adopting Ordinance.

Click Here to View E.3. Management Report

City Secretary Shipman read the caption of Public Hearing E.3. for the public record.

Linda Zombeck, Senior Planner, presented the staff report.

Motion to open Public Hearing E.3. Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.

Vote to open Public Hearing E.3. (Approved)

Motion to close Public Hearing E.3. Moved by Councilmember Sherman, seconded by Councilmember Williams.

Vote to close Public Hearing E.3. (Approved)

City Secretary Shipman read the caption of the Ordinance for the public record.

4. Consider Zoning Case Z-1124-07; to revise the Comprehensive Zoning Ordinance, Section 36.8, Use Chart, Auto and Related Uses, to permit Used Auto Sales in the C-1 Commercial Zoning District with a Specific Use Permit; Applicant: City of DeSoto; and adopting Ordinance.

Click Here to View E.4. Management Report

City Secretary Shipman read the caption of Public Hearing E.4. for the public record.

Motion to open this Public Hearing. Moved by Councilmember Respess, seconded by Councilmember Valentine.

Vote to open this Public Hearing. (Approved)

Linda Zombeck, Senior Planner, presented the report.

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 public record.

F. REGULAR AGENDA - New Business

1. Consider Appointment of Public Health Authority (Dr. Dean Gafford).

Click Here to View F.1. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.1. for the public record.

Jimmy Stephens, Environmental Health Specialist, presented to staff report to Council.

Vote to reappoint Dr. Dean Gafford as the City of DeSoto Public Health Authority with the term to begin October 1, 2007 and end on September 30, 2008. (Approved)

2. Consider an Ordinance adopting the Budget for the Fiscal Year beginning October 1, 2007 and ending September 30, 2008; Adopting the 2008-2012 Capital Improvement Plan and adopting the 2007-2008 Work Plan.

Click Here to View F.2. Management Report

City Secretary Shipman read the caption of Regular Agenda F.2. for the public record.

Patrick Harvey, Assistant Finance Manager, presented the staff report.

City Secretary Shipman read the caption of the Ordinance for the public record.

Vote to approve Ordinance 1756-07 adopting the Budget for FY 2008 for the City of DeSoto, adopting the Capital Improvement Plan for 2008-2012, and adopting the 2007-2008 Work Plan. (Approved)

3. Consider an Ordinance setting the Tax Rate and levying the Ad Valorem Taxes for the 2007 tax year.

Click Here to View F.3. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.3.

Two actions will be taken for Regular Agenda Item F.3.

Motion to increase property taxes by the adoption of a tax rate of $0.709733. (First Action) Moved by Councilmember Williams, seconded by Councilmember Respess.

Vote to increase property taxes by the adoption of a tax rate of $0.709733. (First Action) (Approved)

City Secretary Shipman read the caption of Ordinance 1757-07 for the public record.

4. Consider an Ordinance amending Chapter 12 of the Code of Ordinances to add Article 12.800, Automated Traffic Signal Enforcement.

Click Here to View F.4. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.4. for the official record.

Tom Johnson, Managing Director of Development Services, provided the staff report to Council.

Council discussion regarding the major components and language of the Ordinance.

City Secretary Shipman read the caption of the Ordinance for the public record.

Vote to approve Ordinance 1758-07 amending Chapter 12 of the Code of Ordinances, to add Article 12.800, Automated Traffic Signal Enforcement. (Approved)

Councilmember Williams and Councilmember Respess voted against the Ordinance.

5. Consider a contract with Traffipax, Inc. to implement and operate the Automated Traffic Signal Enforcement Program.

Click Here to View F.5. Management Report

City Secretary Shipman read the caption of Regular Agenda Item F.5. for the public record.

Tom Johnson, Managing Director of Development Services, presented the staff report to Council.

Councilmember Respess led the discussion regarding the contract language.

Councilmember Williams raised questions regarding the process.

Mark Hammer, Vice President of Sales for Traffipax, Inc., addressed Council to review the process and provide statistics.

Motion to approve a contract with Traffipax, Inc. for the Automated Traffic Signal Enforcement Program. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Valentine.

Vote to approve a contract with Traffipax, Inc. for the Automated Traffic Signal Enforcement Program. (Approved)

Councilmember Williams and Councilmember Respess voted against the contract with Traffipax, Inc.

NOTE: A brief interuption of the audio and video occurred at this point in the meeting.

6. Consider an agreement with Dallas County for the City of DeSoto to provide Fire Protection Services in adjacent unincorporated areas of Dallas County.

Click Here to View F.6. Management Report

City Secretary Shipman read the caption of Regular Agenda Items F.6. and F.7. for the public record.

Fred Hart, Fire Chief, presented excerpts from the staff reports for Regular Agenda Items F.6. and F.7.

Motion to approve an agreement to provide fire protection services to the adjacent unincorporated areas of Dallas County. Moved by Councilmember Sherman, seconded by Councilmember Respess.

Vote to approve an agreement to provide fire protection services to the adjacent unincorporated areas of Dallas County. (Approved)

7. Consider an agreement with Dallas County for the City of DeSoto to provide Ambulance Services in adjacent unincorporated areas of Dallas County.

Click Here to View F.7. Management Report

Motion to approve an agareement to provide emergency medical services to the adjacent unincorporated areas of Dallas County. Moved by Councilmember Sherman, seconded by Councilmember Respess.

Vote to approve an agareement to provide emergency medical services to the adjacent unincorporated areas of Dallas County. (Approved)

G. REGULAR AGENDA - Old Business

No items scheduled for this Agenda.

H. CITIZEN APPEARANCES

No Response Cards were received.

I. ANNOUNCEMENTS

Councilmember Respess announced a Library program for gradeschool children on September 22nd and September 29th at 11:00 am and 3:00pm in the Quiet Reading Room.

Councilmember Sherman announced that Cedar Valley College will have a groundbreaking ceremony on September 20th at 10:00 a.m. for the new Industrial building.

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

K. ADJOURNMENT

Mayor Waddle adjourned the meeting at 11:28 pm. Total Regular meeting time 4 hours and 28 minutes.

Sep 18, 2007 City Council Meeting 2007-09-18

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