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A reception in honor of the FY 06-07 Employee Recognition Program recipients was held at 6:30 p.m. in the City Hall Atrium.
A. WORK SESSION
Mayor Waddle called the Work Session of the meeting to order.
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. Review and discussion of options associated with the expansion/renovation of the Tri-City Animal Shelter.
Click Here to View A.3. Memorandum
Concensus of Council is to move forward with Option 4 for an estimated $2.55 million.
Mayor Waddle recessed the Work Session. The Council will attend F2006-2007 Employee Recognition Program Reception in the City Hall Atrium.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the Regular Session of the meeting to order at 7:05pm.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Otis Adams, Christ the Cornerstone
2. Pledge of Allegiance led by Councilmember Sandy Respess
3. Ambassador: Kari Christensen, Utility Billing Department -
Kari has been employed with the City of
DeSoto
for 9 ½ years. She has her Customer Service Certificate from Best Southwest Training and will have her supervisor certificate classes completed in December. She received two employee recognition certificates for fiscal year 2005/2006.
Born in
Minneapolis
, she is the 5
th
of 7 children.
She and her family moved to Desoto in 1973 and she graduated from
DeSoto
High School
in the bicentennial class of 1976. After graduation, she was employed by
DeSoto
State
bank when they were the only major bank in DeSoto until 1981. She then worked for a large savings and loan until 1983 and was in restaurant management until coming to work for the City of
DeSoto
.
Her hobbies include playing guitar, gardening, researching her family genealogy, and gardening.
C. PRESENTATIONS
1. Presentation of certificates to employees recognized through the Employee Recognition Program for Fiscal Year 2006-2007.
City Manager Baugh defined the program and process for employee recognition. The City has 350 employees and 98 employees were recognized for this year. He thanked the families and friends of the receipients for attending the reception this evening.
Mayor Waddle and City Manager Baugh presented the certificates to the employees in attendance.
2. Presentation of September 2007 Financial report and the approved Annual Budget for FY 07-08.
Click Here to View September 2007 Financial Report (Preliminary)
Patrick Harvey, Assistant Director of Finance, presented the report and the approved Budget for FY07-08.
3. Presentation of Government Finance Officer Association’s Award for Excellence in Financial Reporting.
Mayor Waddle presented the Award to Patrick Harvey, Assistant Director of Finance.
D. CONSENT AGENDA
Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager.
City Secretary Shipman read the items for consideration.
1. Approval of City Council Minutes
a. Regular Meeting - 10-02-07
Click Here to View 10-02-2007 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - 08-21-07, 08-21-07, 08-27-07
Click Here to View 08-21-2007 DEDC Meeting Minutes
Click Here to View 08-21-2007 DEDC Meeting Minutes from CC Work Session
Click Here to View 08-27-2007 DEDC Meeting Minutes
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
Motion to approve the Consent Agenda with meeting minutes for the DeSoto City Council and DeSoto Economic Development Corporation Board. Moved by Councilmember Sherman, seconded by Councilmember Respess.
Vote to approve the Consent Agenda with meeting minutes for the DeSoto City Council and DeSoto Economic Development Corporation Board. (Approved)
E. PUBLIC HEARINGS
1. Consider a request to Amend the Declaration of Covenants, Conditions, and Restrictions to Caves Jewelry Addition located at 220 East Pleasant Run Road. The applicant is Patricki Manchi.
Click Here to View E.1. Management Report
City Secretary Shipman read the caption of Public Hearing E.1. for the public record: REQUEST TO AMEND THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS TO CAVES JEWERLY ADDITION LOCATED AT 220 EAST PLEASANT RUN RD.
City Secretary Shipman introduced Edlyn Vatthauer, Planning and Zoning Manager.
Motion to open Public Hearing E.1. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to open Public Hearing E.1. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented the report.
Mayor Waddle asked what would be required for a check cashing business or tattoo business to move into the building. Mr. Vatthauer said the applicant would be required to go through the Planning and Zoning Commission and City Council to apply for a Specific Use Permit (SUP).
Councilmember Respess asked if it would be a physical pitch roof or a look-a-like facade. Mr. Vatthauer said the look-a-like facade was what staff had reviewed.
Mr. Vatthauer confirmed that the drawing was only conceptual.
Lucile J. Shockley, 841 Hilltop Circle, DeSoto, addressed Council and spoke in opposition to this item. She questioned the early and late hours of operation and the potential for increased crime. She requested a better roof design for the structure and wanted to know what types of businesses would be located in the building.
Lorena Wooley, 740 Hilltop Circle, DeSoto, addressed Council and spoke in opposition to this item. She stated the property backs up to her back yard. She referred to a letter dated September 12th that she received regarding the deed restrictions and said she was against numbers 2, 3, and 4.
Dot Battson, 716 Hilltop Circle, DeSoto, submitted a response card with comments:
"The hours and what kind of business its going to be";
she is opposed to this item, but did not wish to speak.
Betty Cordell, 808 Hilltop Circle, DeSoto, submitted a response card stating,
"Do not compromise Hampton Road Improvement. Remember it is across from Town Center";
she was opposed to this item but did not wish to speak.
Fran Talley, 814 Hilltop Circle, DeSoto, submitted a response card in opposition but did not wish to speak.
David Talley, 814 Hilltop Circle, DeSoto, submitted a response card in opposition to this item but did not wish to speak.
Anita B. Birdwell, 725 Hilltop Circle, DeSoto, submitted a response card stating,
"The hours of operation until midnight are not acceptable. We will have too much traffic and noise",
but did not wish to speak
.
Nanette Paghi, 200 N. Elm, Waxahachie, Tx 75165, addressed Council stating she feels this development is a good match for this area. It would provide coverage for the wiring of the existing building. Businesses would be a convenience. She would be happy to answer Council's questions.
Bob Robbins, 2131 Walnut Grove, Midlothian, addressed Council stating he was the real estate agent for Caves. His comments included: They have a list of tennants; the Drawing was conceptual only. He feels a Sushi restaurant would be a good tennant. He stated it is difficult to find one tennant for a 7,000 sq. ft. facility. He feels a pitch roof would cover air conditioning units on the roof.
Council discussed the roof pitch, hours of operation, and deed restrictions. Mr. Vatthauer said there is no limit to retail uses in DeSoto if they close at midnight. Councilmember Respess said these deed restrictions are more than required elsewhere in City. Mayor Waddle asked if the businesses could be open 24 hours a day and Mr. Vatthauer confirmed yes. Mayor Waddle said he wanted to see adequate screening. Mr. Vatthauer said they are required to have a masonary wall and a landscaped buffer area. Mayor Waddle would encourage a similiar wall like the one behind Caves Jewelry; not a panel, but a true masonary wall.
Patrick Manchi, Principal with KM Realty Advisors, 7676 Hillmont, Suite 320, Houston, Texas, (713) 690-2700, addressed Council stating they tried to develop something asthetically pleasing. The parapett would be tall enough so that people on the street and neighbors behind would not be able to see the air-conditioning units. If a false pitch roof was used, the air-conditioning units could be placed behind it. Councilmember Valentine asked if he had any problem with doing that. He responded that he did not have any objections. They designed it with pitched awnings and steeples. He has no objections to reasonble restricted uses such as tattoo parlors and certain other businesses that are undesirable; they have no interest in putting them into business. Mayor Waddle said anything that goes on the property needs to fit in because Cave’s Jewlery is a very nice facilty and it will fit in well with this (City Hall) redevelopment; and anything that goes in across the street is extremely important and we need to set the tone. Mr. Manchi discussed the hours of operation. Mayor Waddle advised the applicant that his neighbors will have great expectations.
Motion to close Public Hearing E.1. Moved by Councilmember Respess, seconded by Councilmember Helm.
Vote to close Public Hearing E.1. (Approved)
Councilmember Valentine feels it is important that this area match the Town Center Development even as far as a pitch roof or a facade. She said the City will not have another opportunity to change the design and wants a legal way to ensure the design, if another developer comes in. Councilmember Valentine agrees with staff recommendations. Councilmember Respess said the building as presented conceptually is compatable with McKinney and other cities but hopes it will look better than the conceptual.
Discussion of possible uses such as restaurants, later operation hours, and the building appearance with a pitch roof.
City Attorney Pete Smith requested the Council determine the specific items they wanted and he would bring the instrument back for Council to consider on a future agenda. Council reviewed the items in the Summary of the staff report (1) requested a facade that is visually appealing; (2) yes, for multi-tenants; (3) yes, for hours of operation to be from 5:30am to midnight; and (4) wall signs -request for uniformity in size and font style. Attorney Smith asked the Council to articulate the uses to be elimiated: No tattoo parlors, no check cashing businesses, no sexually oriented businesses, and no bars (nightclubs) unless they also sell food. Councilmember Valentine would like to see a new drawing with facade or pitched room with a facade and the developer agreed to provide a new drawing. Attorney Smith said the applicant will come back with the proposed amendments, it will be reviewed before it is presented to Council again.
City Attorney Smith said no additional action is required at this time; the item will be placed on a future Agenda; and an additional Public Hearing is not required. Councilmember Williams requested to have another Public Hearing since things will have changed and he would like to give the citizens an opportunity to address Council.
2. Consider Case Z-1127-07; a Single Family Attached Planned Development (PD-134) for Ambrose Hills; located north of Belt Line Road and approximately 625 feet west of Polk Street; on approximately 9.7 acres of land and consisting of 60 lots; Applicant/Owner: Dave Martin; 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: CONSIDER ZONING CASE Z-1127-07; A SINGLE FAMILY ATTACHED PLANNED DEVELOPMENT FOR AMBROSE HILLS (PD-134); LOCATED NORTH OF BELT LINE ROAD AND APPROXIMATLEY 625 FEET WEST OF POLK STREET; ON APPROXIMATELY 9.7 ACRES OF LAND AND CONSISTING OF 60 LOTS; APPLICANT/OWNER: DAVE MARTIN; AND ADOPTING ORDINANCE.
City Secretary Shipman introduced Edlyn Vatthauer, Planning and Zoning Manager, to present the report to Council.
Motion to open Public Hearing E.2. Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to open Public Hearing E.2. (Approved)
Dave Martin, 6520 Myrtle Beach, Plano, Texas 75093, Applicant/Owner, addressed Council to discuss the many features of the development. Gary Williams, GMW Architect, 6332 Brimwood Drive, Plano, Texas 75093, reviewed design of the project.
Motion to close Public Hearing E.2. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to close Public Hearing E.2. (Approved)
City Secretary Shipman read the caption of the Ordinance for the public record: AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF DESOTO, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SINGLE FAMILY 10 (SF-10) TO PLANNED DEVELOPMENT NO. 134 (PD-134) WITH A BASE ZONING OF SINGLE FAMILY ATTACHED RESIDENTIAL (TOWNHOUSE) (SFA), ON APPROXIMATELY 9.7 ACRES OF LAND LOCATED NORTH OF BELT LINE ROAD AND 625 FEET WEST OF POLK STREET, AND BEING FURTHER DESCRIBED IN EXHIBIT “A”; PROVIDING FOR APPROVAL OF THE DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”; PROVIDING A REPEALING CAUSE; PROVIDING A SEVERABILITY CAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Case Z-1127-07, A Single Family Attached Planned Development for Ambrose Hills (PD-134); with the following Planning and Zoning stipulations: (1) Allow a maximum height of 3 stories only for Townhomes with two-car garages, with Building 7 and 16 only allowed to be 2 1/2 stories; (2) Allow a minimum lot size of 2,500 sq.ft.; (3) Require a minimum lot width of 40 feet; (4) Allow a minimum depth of 60 feet; (5) Allow a front minimum setback of 22 feet; (6) Allow the exterior side minimum setback to be 10 feet, rather than 15 feet and to allow the exterior side setback to be 4 feet for Building Two; (7) Require a 20 foot minimum separation between buildings; (8) Allow a minimum rear setback of 3 feet; (9) Allow the front and side elevations to be 70% masonry and the rear elevations to be 50% masonry, with the non-masonry areas being hardiplank; (10) The list of amenties of each unit provided by the developer be included in the Ordinance; and (11) Include in the Deed Restrictions that the development will be for persons age 55+, which is consistent with the Fair Housing Act; and adopting Ordinance 1759-07
Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.
Vote to approve Case Z-1127-07, A Single Family Attached Planned Development for Ambrose Hills (PD-134); with the following Planning and Zoning stipulations: (1) Allow a maximum height of 3 stories only for Townhomes with two-car garages, with Building 7 and 16 only allowed to be 2 1/2 stories; (2) Allow a minimum lot size of 2,500 sq.ft.; (3) Require a minimum lot width of 40 feet; (4) Allow a minimum depth of 60 feet; (5) Allow a front minimum setback of 22 feet; (6) Allow the exterior side minimum setback to be 10 feet, rather than 15 feet and to allow the exterior side setback to be 4 feet for Building Two; (7) Require a 20 foot minimum separation between buildings; (8) Allow a minimum rear setback of 3 feet; (9) Allow the front and side elevations to be 70% masonry and the rear elevations to be 50% masonry, with the non-masonry areas being hardiplank; (10) The list of amenties of each unit provided by the developer be included in the Ordinance; and (11) Include in the Deed Restrictions that the development will be for persons age 55+, which is consistent with the Fair Housing Act; and adopting Ordinance 1759-07
(Approved)
3. Consider Case Z-1128-07; an Amendment to Planned Development 20 (PD-20) to allow the existing pole sign to be increased in height from 50 feet to 70 feet; an area south of Wintergreen Road and west of North I-35E; on approximately 2.18 acres of land and consisting of 1 lot; Applicant/Owner: Perry Molubhuy; 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: CONSIDER ZONING CASE Z-1128-07; AN AMENDMENT TO PLANNED DEVELOPMENT - 20 (PD-20) TO ALLOW THE EXISTING POLE SIGN TO BE INCREASED IN HEIGHT FROM 50 FEET TO 70 FEET; AN AREA SOUTH OF WINTERGREEN ROAD AND WEST OF NORTH I-35 E.; ON APPROXIMATELY 2.18 ACRES OF LAND AND CONSISTING OF 1 LOT; APPLICANT/OWNER: PERRY MOLUBHOY; AND ADOPTING ORDINANCE.
City Secretary Shipman introduced Edlyn Vatthauer, Planning and Zoning Manager, to present the report to Council.
Motion to open Public Hearing E.3. Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to open Public Hearing E.3. (Approved)
Applicant Perry Molubhoy, (Request Card not submitted) addressed Council.
Motion to close Public Hearing E.3. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to close Public Hearing E.3. (Approved)
City Secretary Shipman read the caption of the Ordinance for Public Hearing E.3.: AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF DESOTO, TEXAS, AS HERETOFORE AMENDED, BY RESTATING AND AMENDING PLANNED DEVELOPMENT NO. 20 FOR THE PROPERTY LOCATED SOUTH OF WINTERGREEN ROAD AND WEST OF NORTH I-35E; AND BEING FURTHER DESCRIBED IN EXHIBIT “I”; TO ALLOW THE EXISTING POLE SIGN TO INCREASE IN HEIGHT FROM FIFTY (50) FEET TO SEVENTY (70) FEET; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Zoning Case Z-1128-07, an amendment to Planned Development -20 (PD-20), to allow the existing pole sign for Holiday Inn Express to be increased in height from 50 feet to 70 feet; and to adopt Ordinance 1760-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Zoning Case Z-1128-07, an amendment to Planned Development -20 (PD-20), to allow the existing pole sign for Holiday Inn Express to be increased in height from 50 feet to 70 feet; and to adopt Ordinance 1760-07. (Approved)
F. REGULAR AGENDA - New Business
1. Consider a Resolution to adopt the Investment Policy and the List of Broker/Dealers.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.1. for the public record: CONSIDER A RESOLUTION TO ADOPT THE INVESTMENT POLICY AND THE LIST OF BROKERS/DEALERS; and introduced Patrick Harvey, Assistant Director of Finance, to present the report.
Motion to approve Resolution 07-26 to adopt the City Investment Policy and the List of Brokers/Dealers. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to approve Resolution 07-26 to adopt the City Investment Policy and the List of Brokers/Dealers. (Approved)
2. Consider a Resolution supporting the City of Dallas’ Trinity Parkway Project.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.2. for the public record: CONSIDER A RESOLUTION SUPPORTING THE CITY OF DALLAS TRINITY PARKWA Y PROJECT; and introduced XX to present the report.
City Manager Baugh provided the report stating it would have a positive impact on the Best Southwest Cities. Dallas City Manager Tom Leppert requested the Best Southwest Cities support a vote of "No" (to leave the project as it was on the drawing board) on the November 6, 2007 ballot.
Councilmember Williams discussed community meetings held at his Church, which is located adjacent to this project. He attended three meetings, the last of which was about eight months ago on this project. Only at the last meeting did the issue of a toll road ever surface in the meetings at his Church. The first two meetings spoke of a meandering highway on either side of this park with lakes. It was proposed as described by Ms. Hunt. It may be good in principal for DeSoto, but it is his opinion, that the City of Dallas engaged in classic "Bait and Switch" tactics.
Motion to approve Resolution 07-27 supporting the City of Dallas Trinity Parkway Project. Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to approve Resolution 07-27 supporting the City of Dallas Trinity Parkway Project. (Approved)
Councilmember Williams voted to abstain.
G. REGULAR AGENDA - Old Business
No items scheduled for this Agenda.
H. CITIZEN APPEARANCES
I. ANNOUNCEMENTS
City Secretary Shipman reminded the audience of the Early Voting and Election Day schedule for the November 6, 2007 Election.
Councilmember Sherman said it was great to see Don Dewberry back in the audience.
Mayor Pro Tem Clardy announced that the DeSoto Business Womens Association will host the Breast Cancer Awareness Month Live Ribbon ceremony at the Bank of DeSoto parking lot on Friday, October 26th at 4:30pm.
Mayor Waddle announced that DeSoto’s 2006 All America City Award will be recognized in Washington DC on October 24th. Mayor Pro Tem Clardy and Assistant City Manager Lynda Humble will accept the award that will be recognized at the Federal level.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
No items scheduled for this Agenda.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at 10:04pm. Total Regular Session meeting time: 3 hours 4 minutes
Oct 16, 2007 City Council Meeting 2007-10-16
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A reception in honor of the FY 06-07 Employee Recognition Program recipients was held at 6:30 p.m. in the City Hall Atrium.
A. WORK SESSION
Mayor Waddle called the Work Session of the meeting to order.
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. Review and discussion of options associated with the expansion/renovation of the Tri-City Animal Shelter.
Click Here to View A.3. Memorandum
Concensus of Council is to move forward with Option 4 for an estimated $2.55 million.
Mayor Waddle recessed the Work Session. The Council will attend F2006-2007 Employee Recognition Program Reception in the City Hall Atrium.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the Regular Session of the meeting to order at 7:05pm.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Otis Adams, Christ the Cornerstone
2. Pledge of Allegiance led by Councilmember Sandy Respess
3. Ambassador: Kari Christensen, Utility Billing Department -
Kari has been employed with the City of
DeSoto
for 9 ½ years. She has her Customer Service Certificate from Best Southwest Training and will have her supervisor certificate classes completed in December. She received two employee recognition certificates for fiscal year 2005/2006.
Born in
Minneapolis
, she is the 5
th
of 7 children.
She and her family moved to Desoto in 1973 and she graduated from
DeSoto
High School
in the bicentennial class of 1976. After graduation, she was employed by
DeSoto
State
bank when they were the only major bank in DeSoto until 1981. She then worked for a large savings and loan until 1983 and was in restaurant management until coming to work for the City of
DeSoto
.
Her hobbies include playing guitar, gardening, researching her family genealogy, and gardening.
C. PRESENTATIONS
1. Presentation of certificates to employees recognized through the Employee Recognition Program for Fiscal Year 2006-2007.
City Manager Baugh defined the program and process for employee recognition. The City has 350 employees and 98 employees were recognized for this year. He thanked the families and friends of the receipients for attending the reception this evening.
Mayor Waddle and City Manager Baugh presented the certificates to the employees in attendance.
2. Presentation of September 2007 Financial report and the approved Annual Budget for FY 07-08.
Click Here to View September 2007 Financial Report (Preliminary)
Patrick Harvey, Assistant Director of Finance, presented the report and the approved Budget for FY07-08.
3. Presentation of Government Finance Officer Association’s Award for Excellence in Financial Reporting.
Mayor Waddle presented the Award to Patrick Harvey, Assistant Director of Finance.
D. CONSENT AGENDA
Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager.
City Secretary Shipman read the items for consideration.
1. Approval of City Council Minutes
a. Regular Meeting - 10-02-07
Click Here to View 10-02-2007 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - 08-21-07, 08-21-07, 08-27-07
Click Here to View 08-21-2007 DEDC Meeting Minutes
Click Here to View 08-21-2007 DEDC Meeting Minutes from CC Work Session
Click Here to View 08-27-2007 DEDC Meeting Minutes
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
Motion to approve the Consent Agenda with meeting minutes for the DeSoto City Council and DeSoto Economic Development Corporation Board. Moved by Councilmember Sherman, seconded by Councilmember Respess.
Vote to approve the Consent Agenda with meeting minutes for the DeSoto City Council and DeSoto Economic Development Corporation Board. (Approved)
E. PUBLIC HEARINGS
1. Consider a request to Amend the Declaration of Covenants, Conditions, and Restrictions to Caves Jewelry Addition located at 220 East Pleasant Run Road. The applicant is Patricki Manchi.
Click Here to View E.1. Management Report
City Secretary Shipman read the caption of Public Hearing E.1. for the public record: REQUEST TO AMEND THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS TO CAVES JEWERLY ADDITION LOCATED AT 220 EAST PLEASANT RUN RD.
City Secretary Shipman introduced Edlyn Vatthauer, Planning and Zoning Manager.
Motion to open Public Hearing E.1. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to open Public Hearing E.1. (Approved)
Edlyn Vatthauer, Planning and Zoning Manager, presented the report.
Mayor Waddle asked what would be required for a check cashing business or tattoo business to move into the building. Mr. Vatthauer said the applicant would be required to go through the Planning and Zoning Commission and City Council to apply for a Specific Use Permit (SUP).
Councilmember Respess asked if it would be a physical pitch roof or a look-a-like facade. Mr. Vatthauer said the look-a-like facade was what staff had reviewed.
Mr. Vatthauer confirmed that the drawing was only conceptual.
Lucile J. Shockley, 841 Hilltop Circle, DeSoto, addressed Council and spoke in opposition to this item. She questioned the early and late hours of operation and the potential for increased crime. She requested a better roof design for the structure and wanted to know what types of businesses would be located in the building.
Lorena Wooley, 740 Hilltop Circle, DeSoto, addressed Council and spoke in opposition to this item. She stated the property backs up to her back yard. She referred to a letter dated September 12th that she received regarding the deed restrictions and said she was against numbers 2, 3, and 4.
Dot Battson, 716 Hilltop Circle, DeSoto, submitted a response card with comments:
"The hours and what kind of business its going to be";
she is opposed to this item, but did not wish to speak.
Betty Cordell, 808 Hilltop Circle, DeSoto, submitted a response card stating,
"Do not compromise Hampton Road Improvement. Remember it is across from Town Center";
she was opposed to this item but did not wish to speak.
Fran Talley, 814 Hilltop Circle, DeSoto, submitted a response card in opposition but did not wish to speak.
David Talley, 814 Hilltop Circle, DeSoto, submitted a response card in opposition to this item but did not wish to speak.
Anita B. Birdwell, 725 Hilltop Circle, DeSoto, submitted a response card stating,
"The hours of operation until midnight are not acceptable. We will have too much traffic and noise",
but did not wish to speak
.
Nanette Paghi, 200 N. Elm, Waxahachie, Tx 75165, addressed Council stating she feels this development is a good match for this area. It would provide coverage for the wiring of the existing building. Businesses would be a convenience. She would be happy to answer Council's questions.
Bob Robbins, 2131 Walnut Grove, Midlothian, addressed Council stating he was the real estate agent for Caves. His comments included: They have a list of tennants; the Drawing was conceptual only. He feels a Sushi restaurant would be a good tennant. He stated it is difficult to find one tennant for a 7,000 sq. ft. facility. He feels a pitch roof would cover air conditioning units on the roof.
Council discussed the roof pitch, hours of operation, and deed restrictions. Mr. Vatthauer said there is no limit to retail uses in DeSoto if they close at midnight. Councilmember Respess said these deed restrictions are more than required elsewhere in City. Mayor Waddle asked if the businesses could be open 24 hours a day and Mr. Vatthauer confirmed yes. Mayor Waddle said he wanted to see adequate screening. Mr. Vatthauer said they are required to have a masonary wall and a landscaped buffer area. Mayor Waddle would encourage a similiar wall like the one behind Caves Jewelry; not a panel, but a true masonary wall.
Patrick Manchi, Principal with KM Realty Advisors, 7676 Hillmont, Suite 320, Houston, Texas, (713) 690-2700, addressed Council stating they tried to develop something asthetically pleasing. The parapett would be tall enough so that people on the street and neighbors behind would not be able to see the air-conditioning units. If a false pitch roof was used, the air-conditioning units could be placed behind it. Councilmember Valentine asked if he had any problem with doing that. He responded that he did not have any objections. They designed it with pitched awnings and steeples. He has no objections to reasonble restricted uses such as tattoo parlors and certain other businesses that are undesirable; they have no interest in putting them into business. Mayor Waddle said anything that goes on the property needs to fit in because Cave’s Jewlery is a very nice facilty and it will fit in well with this (City Hall) redevelopment; and anything that goes in across the street is extremely important and we need to set the tone. Mr. Manchi discussed the hours of operation. Mayor Waddle advised the applicant that his neighbors will have great expectations.
Motion to close Public Hearing E.1. Moved by Councilmember Respess, seconded by Councilmember Helm.
Vote to close Public Hearing E.1. (Approved)
Councilmember Valentine feels it is important that this area match the Town Center Development even as far as a pitch roof or a facade. She said the City will not have another opportunity to change the design and wants a legal way to ensure the design, if another developer comes in. Councilmember Valentine agrees with staff recommendations. Councilmember Respess said the building as presented conceptually is compatable with McKinney and other cities but hopes it will look better than the conceptual.
Discussion of possible uses such as restaurants, later operation hours, and the building appearance with a pitch roof.
City Attorney Pete Smith requested the Council determine the specific items they wanted and he would bring the instrument back for Council to consider on a future agenda. Council reviewed the items in the Summary of the staff report (1) requested a facade that is visually appealing; (2) yes, for multi-tenants; (3) yes, for hours of operation to be from 5:30am to midnight; and (4) wall signs -request for uniformity in size and font style. Attorney Smith asked the Council to articulate the uses to be elimiated: No tattoo parlors, no check cashing businesses, no sexually oriented businesses, and no bars (nightclubs) unless they also sell food. Councilmember Valentine would like to see a new drawing with facade or pitched room with a facade and the developer agreed to provide a new drawing. Attorney Smith said the applicant will come back with the proposed amendments, it will be reviewed before it is presented to Council again.
City Attorney Smith said no additional action is required at this time; the item will be placed on a future Agenda; and an additional Public Hearing is not required. Councilmember Williams requested to have another Public Hearing since things will have changed and he would like to give the citizens an opportunity to address Council.
2. Consider Case Z-1127-07; a Single Family Attached Planned Development (PD-134) for Ambrose Hills; located north of Belt Line Road and approximately 625 feet west of Polk Street; on approximately 9.7 acres of land and consisting of 60 lots; Applicant/Owner: Dave Martin; 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: CONSIDER ZONING CASE Z-1127-07; A SINGLE FAMILY ATTACHED PLANNED DEVELOPMENT FOR AMBROSE HILLS (PD-134); LOCATED NORTH OF BELT LINE ROAD AND APPROXIMATLEY 625 FEET WEST OF POLK STREET; ON APPROXIMATELY 9.7 ACRES OF LAND AND CONSISTING OF 60 LOTS; APPLICANT/OWNER: DAVE MARTIN; AND ADOPTING ORDINANCE.
City Secretary Shipman introduced Edlyn Vatthauer, Planning and Zoning Manager, to present the report to Council.
Motion to open Public Hearing E.2. Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to open Public Hearing E.2. (Approved)
Dave Martin, 6520 Myrtle Beach, Plano, Texas 75093, Applicant/Owner, addressed Council to discuss the many features of the development. Gary Williams, GMW Architect, 6332 Brimwood Drive, Plano, Texas 75093, reviewed design of the project.
Motion to close Public Hearing E.2. Moved by Mayor Pro Tem Clardy, seconded by Councilmember Sherman.
Vote to close Public Hearing E.2. (Approved)
City Secretary Shipman read the caption of the Ordinance for the public record: AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF DESOTO, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM SINGLE FAMILY 10 (SF-10) TO PLANNED DEVELOPMENT NO. 134 (PD-134) WITH A BASE ZONING OF SINGLE FAMILY ATTACHED RESIDENTIAL (TOWNHOUSE) (SFA), ON APPROXIMATELY 9.7 ACRES OF LAND LOCATED NORTH OF BELT LINE ROAD AND 625 FEET WEST OF POLK STREET, AND BEING FURTHER DESCRIBED IN EXHIBIT “A”; PROVIDING FOR APPROVAL OF THE DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”; PROVIDING A REPEALING CAUSE; PROVIDING A SEVERABILITY CAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Case Z-1127-07, A Single Family Attached Planned Development for Ambrose Hills (PD-134); with the following Planning and Zoning stipulations: (1) Allow a maximum height of 3 stories only for Townhomes with two-car garages, with Building 7 and 16 only allowed to be 2 1/2 stories; (2) Allow a minimum lot size of 2,500 sq.ft.; (3) Require a minimum lot width of 40 feet; (4) Allow a minimum depth of 60 feet; (5) Allow a front minimum setback of 22 feet; (6) Allow the exterior side minimum setback to be 10 feet, rather than 15 feet and to allow the exterior side setback to be 4 feet for Building Two; (7) Require a 20 foot minimum separation between buildings; (8) Allow a minimum rear setback of 3 feet; (9) Allow the front and side elevations to be 70% masonry and the rear elevations to be 50% masonry, with the non-masonry areas being hardiplank; (10) The list of amenties of each unit provided by the developer be included in the Ordinance; and (11) Include in the Deed Restrictions that the development will be for persons age 55+, which is consistent with the Fair Housing Act; and adopting Ordinance 1759-07
Moved by Councilmember Williams, seconded by Mayor Pro Tem Clardy.
Vote to approve Case Z-1127-07, A Single Family Attached Planned Development for Ambrose Hills (PD-134); with the following Planning and Zoning stipulations: (1) Allow a maximum height of 3 stories only for Townhomes with two-car garages, with Building 7 and 16 only allowed to be 2 1/2 stories; (2) Allow a minimum lot size of 2,500 sq.ft.; (3) Require a minimum lot width of 40 feet; (4) Allow a minimum depth of 60 feet; (5) Allow a front minimum setback of 22 feet; (6) Allow the exterior side minimum setback to be 10 feet, rather than 15 feet and to allow the exterior side setback to be 4 feet for Building Two; (7) Require a 20 foot minimum separation between buildings; (8) Allow a minimum rear setback of 3 feet; (9) Allow the front and side elevations to be 70% masonry and the rear elevations to be 50% masonry, with the non-masonry areas being hardiplank; (10) The list of amenties of each unit provided by the developer be included in the Ordinance; and (11) Include in the Deed Restrictions that the development will be for persons age 55+, which is consistent with the Fair Housing Act; and adopting Ordinance 1759-07
(Approved)
3. Consider Case Z-1128-07; an Amendment to Planned Development 20 (PD-20) to allow the existing pole sign to be increased in height from 50 feet to 70 feet; an area south of Wintergreen Road and west of North I-35E; on approximately 2.18 acres of land and consisting of 1 lot; Applicant/Owner: Perry Molubhuy; 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: CONSIDER ZONING CASE Z-1128-07; AN AMENDMENT TO PLANNED DEVELOPMENT - 20 (PD-20) TO ALLOW THE EXISTING POLE SIGN TO BE INCREASED IN HEIGHT FROM 50 FEET TO 70 FEET; AN AREA SOUTH OF WINTERGREEN ROAD AND WEST OF NORTH I-35 E.; ON APPROXIMATELY 2.18 ACRES OF LAND AND CONSISTING OF 1 LOT; APPLICANT/OWNER: PERRY MOLUBHOY; AND ADOPTING ORDINANCE.
City Secretary Shipman introduced Edlyn Vatthauer, Planning and Zoning Manager, to present the report to Council.
Motion to open Public Hearing E.3. Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to open Public Hearing E.3. (Approved)
Applicant Perry Molubhoy, (Request Card not submitted) addressed Council.
Motion to close Public Hearing E.3. Moved by Councilmember Respess, seconded by Councilmember Sherman.
Vote to close Public Hearing E.3. (Approved)
City Secretary Shipman read the caption of the Ordinance for Public Hearing E.3.: AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF DESOTO, TEXAS, AS HERETOFORE AMENDED, BY RESTATING AND AMENDING PLANNED DEVELOPMENT NO. 20 FOR THE PROPERTY LOCATED SOUTH OF WINTERGREEN ROAD AND WEST OF NORTH I-35E; AND BEING FURTHER DESCRIBED IN EXHIBIT “I”; TO ALLOW THE EXISTING POLE SIGN TO INCREASE IN HEIGHT FROM FIFTY (50) FEET TO SEVENTY (70) FEET; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Zoning Case Z-1128-07, an amendment to Planned Development -20 (PD-20), to allow the existing pole sign for Holiday Inn Express to be increased in height from 50 feet to 70 feet; and to adopt Ordinance 1760-07. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Zoning Case Z-1128-07, an amendment to Planned Development -20 (PD-20), to allow the existing pole sign for Holiday Inn Express to be increased in height from 50 feet to 70 feet; and to adopt Ordinance 1760-07. (Approved)
F. REGULAR AGENDA - New Business
1. Consider a Resolution to adopt the Investment Policy and the List of Broker/Dealers.
Click Here to View F.1. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.1. for the public record: CONSIDER A RESOLUTION TO ADOPT THE INVESTMENT POLICY AND THE LIST OF BROKERS/DEALERS; and introduced Patrick Harvey, Assistant Director of Finance, to present the report.
Motion to approve Resolution 07-26 to adopt the City Investment Policy and the List of Brokers/Dealers. Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to approve Resolution 07-26 to adopt the City Investment Policy and the List of Brokers/Dealers. (Approved)
2. Consider a Resolution supporting the City of Dallas’ Trinity Parkway Project.
Click Here to View F.2. Management Report
City Secretary Shipman read the caption of Regular Agenda Item F.2. for the public record: CONSIDER A RESOLUTION SUPPORTING THE CITY OF DALLAS TRINITY PARKWA Y PROJECT; and introduced XX to present the report.
City Manager Baugh provided the report stating it would have a positive impact on the Best Southwest Cities. Dallas City Manager Tom Leppert requested the Best Southwest Cities support a vote of "No" (to leave the project as it was on the drawing board) on the November 6, 2007 ballot.
Councilmember Williams discussed community meetings held at his Church, which is located adjacent to this project. He attended three meetings, the last of which was about eight months ago on this project. Only at the last meeting did the issue of a toll road ever surface in the meetings at his Church. The first two meetings spoke of a meandering highway on either side of this park with lakes. It was proposed as described by Ms. Hunt. It may be good in principal for DeSoto, but it is his opinion, that the City of Dallas engaged in classic "Bait and Switch" tactics.
Motion to approve Resolution 07-27 supporting the City of Dallas Trinity Parkway Project. Moved by Councilmember Sherman, seconded by Mayor Pro Tem Clardy.
Vote to approve Resolution 07-27 supporting the City of Dallas Trinity Parkway Project. (Approved)
Councilmember Williams voted to abstain.
G. REGULAR AGENDA - Old Business
No items scheduled for this Agenda.
H. CITIZEN APPEARANCES
I. ANNOUNCEMENTS
City Secretary Shipman reminded the audience of the Early Voting and Election Day schedule for the November 6, 2007 Election.
Councilmember Sherman said it was great to see Don Dewberry back in the audience.
Mayor Pro Tem Clardy announced that the DeSoto Business Womens Association will host the Breast Cancer Awareness Month Live Ribbon ceremony at the Bank of DeSoto parking lot on Friday, October 26th at 4:30pm.
Mayor Waddle announced that DeSoto’s 2006 All America City Award will be recognized in Washington DC on October 24th. Mayor Pro Tem Clardy and Assistant City Manager Lynda Humble will accept the award that will be recognized at the Federal level.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
No items scheduled for this Agenda.
K. ADJOURNMENT
Mayor Waddle adjourned the meeting at 10:04pm. Total Regular Session meeting time: 3 hours 4 minutes
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