Video index
A reception will be held at 6:30 p.m. for outgoing Councilmembers for Place 2 and Place 4.
A. WORK SESSION
Roll Call: 7 members present, 0 members absent, 0 members excused.
2. Discussion of Regular Agenda items.
Fire Chief Fred Hart presented a copy of the letter being sent out to citizens affected by the downed siren. These residents will be sent a Code Red message while the siren is being repaired. The siren was felled during the tornado in April.
3. Discuss citizen-recommended Community Development Block Grant projects; select preliminary projects for the CDBG application.
Click Here to View CDBG Information
Lora Stallings, Administrative Assistant to the City Manager, presented suggestions received from the public during the CDBG Town Hall Meeting on April 29, 2008.
Mayor Waddle suggested that fixing Wintergreen Court would be a good project.
Councilmember Respess agreed it would be a good project.
Councilmember Sherman also agreed and asked if a summer job program might qualify.
City Manager Jim Baugh stated that if the Council were interested in a program such as this, it could be a good item to possibly include in the Work Plan for the next year and include in next year's CDBG application.
It was the consensus of Council to include the repair for Wintergreen Court in the CDBG application and revisit the issue of a summer job program at the upcoming Council retreat in June.
1. Review of Master Agenda by City Manager.
City Manager Baugh reviewed the Master agenda and stated the original dates listed for the City Council retreat of 6/13/08-6/14/08 had a conflicting item with the North Central Texas Council of Governments General Assembly Meeting, which the Mayor will attend as a member of the NCTCOG Executive Board.
It was the consensus of Council that the retreat could be rescheduled for June 20-21.
Mayor Waddle recessed the Work Session at 6:32 p.m. Council will reconvene into regular session after the reception for outgoing Councilmembers Thelma Clardy and Virgil Helm.
Work Session Item #4 will be discussed after the Regular Session.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the meeting to order at 7 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Curt Krohn, Faith Bible Church
Reverend Krohn was unable to attend the meeting due to a School Board commitment. Dr. Barbara Parker provided the Invocation for the meeting.
2. Pledge of Allegiance led by Councilmember Sandy Respess
3. Ambassador: Veronica Chasten, Municipal Court
Veronica Chasten was not able to be with us this evening. Angela Davis will be the ambassador this evening.
Angela is DeSoto’s Juvenile Case Manger with brief experience in DeSoto’s Utility Billing Department.
She is a very proud mother of a one year old son named Bryson.
She has been a resident of DeSoto for two years after relocating from Phoenix, Arizona.
Her previous career experience consists mostly of law enforcement and customer service.
The one thing very few people know about her would be her desire to re-enter the mortuary business.
C. PRESENTATIONS
1. Special presentation to the DeSoto Public Library by the DeSoto Masonic Lodge.
Officer James Cartwright, Master of the DeSoto Masonic Lodge, along with Junior Warden Fernando Fonseca and Senior Warden Bob Haber, presented Library Director Lucile Dade with a check for $500. The Masonic Lodge holds a fundraiser each year to support the DeSoto Public Library and a public school library. To date, the Lodge has given $2000 to the DeSoto Public Library. The Lodge will hold its BBQ fundraiser Saturday, May 17th from 11-2 at the Masonic Lodge located on Lindalyn Street.
2. Presentation to Outgoing Councilmembers Place 2 and Place 4.
Mayor Waddle presented Mayor Pro Tem Clardy with an "All-America City Cheerleader" trophy and a City of DeSoto Crystal Eagle Trophy in appreciation of her time on the City Council.
Mayor Waddle presented a clock to Ms. Clardy in honor of her husband, Jimmy, in appreciation for sharing his time during Ms. Clardy’s tenure on the Council.
Ms. Clardy made some departing remarks.
Mayor Waddle presented Councilmember Helm with a desk size green tractor and a City of DeSoto Crystal Eagle Trophy in appreciation of his time on the City Council.
Mayor Waddle presented a crystal clock to Wanda Helm in appreciation for her sharing her time during Councilmember Helm’s tenure on the Council.
Mr. Helm made some departing remarks.
Police Chief Mike Brodnax presented Ms. Clardy and Mr. Helm with commemorative City of DeSoto Police badges.
Fire Chief Fred Hart presented Ms. Clardy and Mr. Helm with commemorative City of DeSoto Fire Department Helmet Crest Shields numbered with their respective Districts.
Councilmember Carl Sherman left the dais at 7:38 and returned at 7:44.
Councilmember Virgil Helm left the dais at 7:43 and returned at 7:45.
Councilmember Denise Valentine left the dais at 7:45 and returned at 7:48.
3. Presentation of the DEDC FY2008 2nd Quarter Report.
Click Here to View DEDC FY 08 2nd Quarter Report
Scott Livingston, Executive Director of DEDC presented the report. He stated Curtistene McCowan was unable to be at the meeting due to recuperating from surgery.
He introduced DEDC board members who were at the meeting: Perry Holloway, Vice President and James Zander, Secretary/Treasurer.
Mr. Livingston presented the report.
Councilmember Respess inquired about the projects lost due to lack of space. He asked if any of the projects located within the region and what was the nature of lack of space.
Mr. Livingston replied that Project Shamrock was an aerospace company that needed a building that was already available. The space they looked at and considered would have left an unusual balance of square footage in the building, which was not agreeable to the owners.
Project Bulldog, which was Niagara Water Bottling Co., located off I-20 and Mountain Creek Pkwy. The company didn’t want to lease and didn’t want to share a building.
Mayor Waddle asked where Project Shamrock located.
Mr. Livingston stated they have not announced, but he knows they were looking in Mesquite, Dallas and Louisville. They only wanted to look at existing space. They did state that if they plan to build, they will revisit DeSoto first.
Mayor Pro Tem Clardy left the dais at 7:55 and returned at 8:00.
Councilmember Sherman inquired about the new developments and the 99% of funds that are still outstanding. Of the 6 developments, 3 are not open - either groundbreaking or near finish equals about 77% of the obligation. He asked what the criteria is for the other projects to receive the outstanding funds.
Mr. Livingston stated Kaufman Tire will receive 5 annual payments, amount received is tied to level of taxable value; Holiday Inn Express receive payment verified upon building meeting minimal taxable value; Hampton Inn and Suites will receive a payment when they receive a Certificate of Occupancy (CO); Quorum Equities will receive $300,000 payment when long-term acute care hospital gets a CO and another $100,000 for the verified taxable value of the long-term acute care hospital.
MCM Grande did receive their payment, but it was made in April, which is the 3rd quarter. Cintas will get $300,000 when they receive their CO and the balance will be paid out over a ten year period.
D. CONSENT AGENDA
1. Approval of City Council Minutes
a. Regular Meeting - 02-19-08
Click Here to View 02-19-08 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - N/A
e. Library Board - N/A
f. Park Development Corporation - 02-04-08, 03-03-08
Click Here to View 02-04-08 Park Board Meeting Minutes
Click Here to View 03-03-08 Park Board Meeting Minutes
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - 03-10-08
Click Here to View 03-10-08 KDB Meeting Minutes
j. Zoning Board of Adjustment - N/A
k. DeSoto, Texas Historical Foundation - 03-27-08
Click Here to View 03-27-08 DTHF Meeting Minutes
The Keep DeSoto Beautiful minutes for 3/10/08 are withdrawn for consideration due to scrivener’s corrections.
Motion to approve Consent Agenda. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Consent Agenda. (Approved)
E. PUBLIC HEARINGS
1. Consider Case Z-1143-08; an amendment to the City of DeSoto Comprehensive Zoning Ordinance to revise regulations for Radio, Television and Microwave Towers; Front Yard; and Parking Requirements; and adopting Ordinance.
Click Here to View E.1. Management Report
Laura Hallmark, Administrative Assistant to the City Secretary, as Acting City Secretary in Ms. Shipman's absence, read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the management report.
Motion to open Public Hearing Moved by Councilmember Helm, seconded by Councilmember Respess.
Vote to open Public Hearing (Approved)
Mayor Pro Tem Clardy inquired about what determines a minor street versus a major street. Tom Johnson, Managing Director of Development Services, stated it is according to the thoroughfare plan. Streets have different classifications; arterials, connecters, and minor streets.
Councilmember Respess stated that a property owner in his district had this same problem. It was the property owner’s request to face the major street. Is there a way to build in an exception if this comes up in the future?
Ms. Zombeck stated if it is Council’s desire to do so, it could be done; this is the way this has historically been done. If there is something different about the property, the issue could be brought before Board of Adjustments for a variance.
Councilmember Valentine asked what brought up the issue that it required amending. Ms. Zombeck stated there was nothing specific, but the fact that the issue continued to be brought up.
Councilmember Williams provided an example of a home facing the corner of two minor streets, with the address on the second minor street. He asked where the front yard would be. Ms. Zombeck replied that in another section of the Zoning Ordinance, it states that the narrow side of the lot is the front of the lot.
Mr. Johnson stated that the plats on file will define where the front and side building lines are.
Councilmember Valentine asked if this is approved, would it prevent building the home on the diagonal? Ms. Zombeck replied that was the case.
Councilmember Respess asked if staff would be agreeable to include language that would allow variances.
City Attorney Pete Smith stated that if the residence were within a Planned Development, that language could be added at the time the planned development is established and when the site plan is reviewed. An individual home, however does not go through a planned development.
Mayor Waddle inquired about the towers and the definition of "commercial".
Councilmember Valentine asked if this distance limitation is consistent with the ordinance in place for the wind turbines. Ms. Zombeck stated the distance requirement for this definition is more than the other.
Councilmember Respess asked if this tower ordinance included cell phone towers and non-commercial towers. Ms. Zombeck stated that this ordinance includes cell phone towers, but non-commercial or private, such as HAM operators would be covered under another ordinance.
Councilmember Williams asked what the determinate is for the number of participants for adult day care. Ms. Zombeck stated the owner will tell how many and will be limited by their Certificate of Occupancy.
Motion to close Public Hearing Moved by Councilmember Respess, seconded by Mayor Pro Tem Clardy.
Vote to close Public Hearing (Approved)
Ms. Hallmark read the Ordinance caption into the public record.
Motion to approve Z-1143-08; an amendment to the City of DeSoto Comprehensive Zoning Ordinance to revise regulations for Radio, Television and Microwave Towers; Front Yard; and Parking Requirements; and adopting Ordinance #1781-08. Moved by Councilmember Valentine, seconded by Councilmember Sherman.
Vote to approve Z-1143-08; an amendment to the City of DeSoto Comprehensive Zoning Ordinance to revise regulations for Radio, Television and Microwave Towers; Front Yard; and Parking Requirements; and adopting Ordinance #1781-08. (Approved)
2. Consider Case Z-1144-08; a request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12); Lots 12, 13, 14, and 15, Block E, Clover Haven Addition; located on Parkdale Lane; and adopting Ordinance.
Click Here to View E.2. Management Report
Ms. Hallmark read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the management report.
Motion to open Public Hearing Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to open Public Hearing (Approved)
Councilmember Williams inquired if everything on the zoning map in red was commercial except the small SF-8 block and yellow to the east is residential. Ms. Zombeck stated that was the case.
Councilmember Helm left the dais at 8:41 and returned at 8:42.
Councilmember Valentine asked for further clarification of the current zoning for the properties surrounding the application property.
Councilmember Respess asked if there are flood plane issues for this property that will limit development. Mr. Johnson stated it was not considered in the flood plane, but does get a fair amount of water.
Councilmember Sherman stated that the land appears to be undesirable for commercial development and also seemingly undesirable for residential property. He stated the reason for the application seems to be so the applicant can receive financing. If land is not desirable for residential or commercial, why not do something advantageous for the landowner.
Councilmember Williams stated he is not opposed to doing something good for a citizens, but this appears to be "spot zoning". He stated either change all the zoning all at once or leave it.
Councilmember Sherman stated he agreed with that idea.
Mayor Pro Tem Clardy left the dais at 8:55 and returned at 8:58.
Councilmember Respess stated it didn’t make much sense to rezone a little piece that will overlap into the commercial zoning. It does make sense to rezone the whole area according to the Future Land Use plan.
Edlyn Vatthauer, Planning Manager, stated that if Council wanted to address rezoning according to the future land use plan, that is something that could be investigated.
Mayor Waddle inquired about the square footage of the four lots. Mr. Johnson stated it was approximately one acre.
Councilmember Valentine stated the map doesn’t show how sloped the property is.
Councilmember Sherman stated that if it’s commercial, it’s unsuitable for building; if it’s residential, it’s still unsuitable for building, why not do something that will aid the property owner and potentially help increase the value of the property and the area?
Lilla Bench, 2852 Hurstview Drive, Hurst Texas spoke in opposition to the item. She is a property owner directly to the east of the property.
Mary Sheppard, 2852 Hurstview Drive, Hurst Texas spoke in opposition to the item.
Charles Carrier, 7323 Campbell Road, Dallas Texas, owner of the property spoke in support of the item.
Motion to close Public Hearing Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to close Public Hearing (Approved)
Councilmember Valentine stated she believes the creek is the natural barrier between the Commercial and Residential zoning.
Councilmember Respess stated he agrees with that statement.
Councilmember Williams commented he would like to give the I-35/Parkerville Road development time to progress.
Councilmember Sherman stated he felt that the line of demarkation is Parkdale Road.
Mayor Pro Tem Clardy asked if there was an idea of how much tax revenue this property generates. There was not an answer.
Mayor Waddle commented he also believes the creek is the demarkation line and would like to get the comprehensive plan in order.
Ms. Hallmark read the Ordinance caption into the public record.
Motion to approve Case Z-1144-08 to change the zoning designation of lots 12 through 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12) and adopt Ordinance. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Case Z-1144-08 to change the zoning designation of lots 12 through 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12) and adopt Ordinance. (Declined)
City Attorney Smith suggested that Council propose a motion to deny the item as a matter of point.
Motion to deny Case Z-1144-08 to change the zoning designation of lots 12, 13, 14, and 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12). Moved by Councilmember Valentine, seconded by Councilmember Respess.
Vote to deny Case Z-1144-08 to change the zoning designation of lots 12, 13, 14, and 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12). (Approved)
F. REGULAR AGENDA - New Business
1. Consider authorization to amend allowable recyclable materials and rate structure of the solid waste contract with Republic Waste Systems Ltd. d/b/a Duncan Disposal Company, Inc. to reflect a rate increase for solid waste collection and to reflect a rate increase of Waste Management d/b/a Skyline Landfill Effective June 1, 2008.
Click Here to View F.1. Management Report
Ms. Hallmark read the agenda caption and introduced Tracie Hlavinka, Community Initiatives Manager, who presented the management report.
Councilmember Williams stated that the contract allows annual increase and inquired if there is a cap on the annual increase from year to year.
Mr. Baugh stated it is whatever various indices indicate.
Councilmember Williams asked what the amount of increase has been over the last three years. Mr. Baugh stated the increase has been approximately 2%.
Lynda Humble, Assistant City Manager, stated that last year's increase was 0.15% and prior to that has been 1-2%. Historically, it has never come close to 4% and this is an unusual year relative to increases.
Councilmember Respess asked if the increase was being driven by the cost of fuel. Ms. Humble stated that the Consumer Price Index takes into account anything we might consume such as food and fuel is part of that.
Motion to approve the contract amendment with Republic Waste Industries d/b/a Duncan Disposal to add additional recycling materials and raise solid waste collection and disposal rates for residential, commercial, and industrial users. Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to approve the contract amendment with Republic Waste Industries d/b/a Duncan Disposal to add additional recycling materials and raise solid waste collection and disposal rates for residential, commercial, and industrial users. (Approved)
G. REGULAR AGENDA - Old Business
H. CITIZEN APPEARANCES
Margie Riley, 412 Sweet Gum Drive, DeSoto, spoke on behalf of the DeSoto Library Advisory Board. She announced the Scholastic Book Fair May 20-22, from 10 a.m. to 8 p.m. in the Library Assembly Hall and will benefit the Summer Library Reading Program.
She announced the Summer Reading Program and mentioned some of the prizes that can be won by participating. Further information can be found in the library or on the library’s web site.
The library will also hold a short story contest. July 18th is the deadline for submissions.
I. ANNOUNCEMENTS
K. ADJOURNMENT
Council will recess at 9:58 and reconvene into Work Session to discuss the City Secretary Position. Will also convene into executive session regarding economic development negotiations.
WORK SESSION 4. Discuss Job Description for City Secretary Position, Salary Range, and Job Posting. May be convened into Executive Session Pursuant to Texas Government Code, Section 551.074, Personnel Matters, to discuss potential interview questions for candidates for the position of City Secretary.
Roll Call: 6 members present, 1 members absent, 0 members excused.
Mayor Waddle reconvened the meeting at 10:15 p.m.
Andre Houser, Managing Director of Human Resources, submitted suggested changes to the City Secretary job description received from Councilmember Respess.
It was the consensus of Council to accept the changes and finalize the job description.
Mr. Houser reviewed the salary information he had provided to the Council.
Councilmember Respess inquired if the salary ranges were based on market comparison. Mr. Houser stated the minimal salary is.
Councilmember Respess commented that they should be able to provide a competitive salary.
Councilmember Williams asked how the salary would be advertised. Mr. Houser stated that it would be the minimum of $67,792 for minimum qualifications.
Councilmember Sherman stated he would not be in favor of listing the maximum, as a candidate might expect it.
Councilmember Valentine inquired if the Council is limited to the maximum amount. Mr. Houser replied that it is not a City position and the Council is able to do as they wish.
Mr. Houser presented the subject of potential interview questions. He stated he would prefer to not discuss them in open session so as not to give any candidate an unfair advantage.
Mayor Waddle suggested that Mr. Houser provide the Councilmembers with the list of questions to review and they could contact him if they had any questions or suggestions.
Councilmember Williams inquired about the decision to search for potential candidates among current City employees.
Councilmember Valentine asked why they were revisiting a decision already made.
Councilmember Sherman expressed concern for the integrity of the vote. He didn’t want to set a precedent that Council revisit decisions.
After further discussion, it was the consensus of Council to remain with their original decision of posting the job opening to current City employees. Mr. Houser stated he would post the position within the week.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
1. Executive Session pursuant to Texas Government Code, Section 551.087 Deliberation Regarding Economic Development Negotiations for the Shops at Ten Mile Creek and the Endeavor Real Estate Group to discuss financial information provided by the developer and possible incentives for the project.
Mayor Waddle convened into Executive Session at 10:50 p.m.
All Councilmembers were present with the exception of Mayor Pro Tem Thelma Clardy.
Those in attendance were: Jim Baugh, City Manager; Lynda Humble, Assistant City Manager; Scott Livingston, Executive Director of the DEDC; Perry Holloway, DEDC Vice President; Pete Smith, City Attorney; Tom Johnson, Managing Director of Development Services; Laura Hallmark, Administrative Assistant to the City Secretary.
Mayor Waddle convened into regular session at 11:42 p.m.
2. Action resulting from Executive Session regarding Economic Development Negotiations.
There was no action taken.
Mayor Waddle adjourned the meeting at 11:43 p.m.
The record of minutes for this meeting have been prepared by Laura Hallmark, Administrative Assistant to the City Secretary as acting City Secretary in the absence of Anell Shipman.
May 06, 2008 City Council Meeting 2008-05-06
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A reception will be held at 6:30 p.m. for outgoing Councilmembers for Place 2 and Place 4.
A. WORK SESSION
Roll Call: 7 members present, 0 members absent, 0 members excused.
2. Discussion of Regular Agenda items.
Fire Chief Fred Hart presented a copy of the letter being sent out to citizens affected by the downed siren. These residents will be sent a Code Red message while the siren is being repaired. The siren was felled during the tornado in April.
3. Discuss citizen-recommended Community Development Block Grant projects; select preliminary projects for the CDBG application.
Click Here to View CDBG Information
Lora Stallings, Administrative Assistant to the City Manager, presented suggestions received from the public during the CDBG Town Hall Meeting on April 29, 2008.
Mayor Waddle suggested that fixing Wintergreen Court would be a good project.
Councilmember Respess agreed it would be a good project.
Councilmember Sherman also agreed and asked if a summer job program might qualify.
City Manager Jim Baugh stated that if the Council were interested in a program such as this, it could be a good item to possibly include in the Work Plan for the next year and include in next year's CDBG application.
It was the consensus of Council to include the repair for Wintergreen Court in the CDBG application and revisit the issue of a summer job program at the upcoming Council retreat in June.
1. Review of Master Agenda by City Manager.
City Manager Baugh reviewed the Master agenda and stated the original dates listed for the City Council retreat of 6/13/08-6/14/08 had a conflicting item with the North Central Texas Council of Governments General Assembly Meeting, which the Mayor will attend as a member of the NCTCOG Executive Board.
It was the consensus of Council that the retreat could be rescheduled for June 20-21.
Mayor Waddle recessed the Work Session at 6:32 p.m. Council will reconvene into regular session after the reception for outgoing Councilmembers Thelma Clardy and Virgil Helm.
Work Session Item #4 will be discussed after the Regular Session.
B. REGULAR SESSION - CALL TO ORDER
Mayor Waddle called the meeting to order at 7 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
1. Invocation by: Curt Krohn, Faith Bible Church
Reverend Krohn was unable to attend the meeting due to a School Board commitment. Dr. Barbara Parker provided the Invocation for the meeting.
2. Pledge of Allegiance led by Councilmember Sandy Respess
3. Ambassador: Veronica Chasten, Municipal Court
Veronica Chasten was not able to be with us this evening. Angela Davis will be the ambassador this evening.
Angela is DeSoto’s Juvenile Case Manger with brief experience in DeSoto’s Utility Billing Department.
She is a very proud mother of a one year old son named Bryson.
She has been a resident of DeSoto for two years after relocating from Phoenix, Arizona.
Her previous career experience consists mostly of law enforcement and customer service.
The one thing very few people know about her would be her desire to re-enter the mortuary business.
C. PRESENTATIONS
1. Special presentation to the DeSoto Public Library by the DeSoto Masonic Lodge.
Officer James Cartwright, Master of the DeSoto Masonic Lodge, along with Junior Warden Fernando Fonseca and Senior Warden Bob Haber, presented Library Director Lucile Dade with a check for $500. The Masonic Lodge holds a fundraiser each year to support the DeSoto Public Library and a public school library. To date, the Lodge has given $2000 to the DeSoto Public Library. The Lodge will hold its BBQ fundraiser Saturday, May 17th from 11-2 at the Masonic Lodge located on Lindalyn Street.
2. Presentation to Outgoing Councilmembers Place 2 and Place 4.
Mayor Waddle presented Mayor Pro Tem Clardy with an "All-America City Cheerleader" trophy and a City of DeSoto Crystal Eagle Trophy in appreciation of her time on the City Council.
Mayor Waddle presented a clock to Ms. Clardy in honor of her husband, Jimmy, in appreciation for sharing his time during Ms. Clardy’s tenure on the Council.
Ms. Clardy made some departing remarks.
Mayor Waddle presented Councilmember Helm with a desk size green tractor and a City of DeSoto Crystal Eagle Trophy in appreciation of his time on the City Council.
Mayor Waddle presented a crystal clock to Wanda Helm in appreciation for her sharing her time during Councilmember Helm’s tenure on the Council.
Mr. Helm made some departing remarks.
Police Chief Mike Brodnax presented Ms. Clardy and Mr. Helm with commemorative City of DeSoto Police badges.
Fire Chief Fred Hart presented Ms. Clardy and Mr. Helm with commemorative City of DeSoto Fire Department Helmet Crest Shields numbered with their respective Districts.
Councilmember Carl Sherman left the dais at 7:38 and returned at 7:44.
Councilmember Virgil Helm left the dais at 7:43 and returned at 7:45.
Councilmember Denise Valentine left the dais at 7:45 and returned at 7:48.
3. Presentation of the DEDC FY2008 2nd Quarter Report.
Click Here to View DEDC FY 08 2nd Quarter Report
Scott Livingston, Executive Director of DEDC presented the report. He stated Curtistene McCowan was unable to be at the meeting due to recuperating from surgery.
He introduced DEDC board members who were at the meeting: Perry Holloway, Vice President and James Zander, Secretary/Treasurer.
Mr. Livingston presented the report.
Councilmember Respess inquired about the projects lost due to lack of space. He asked if any of the projects located within the region and what was the nature of lack of space.
Mr. Livingston replied that Project Shamrock was an aerospace company that needed a building that was already available. The space they looked at and considered would have left an unusual balance of square footage in the building, which was not agreeable to the owners.
Project Bulldog, which was Niagara Water Bottling Co., located off I-20 and Mountain Creek Pkwy. The company didn’t want to lease and didn’t want to share a building.
Mayor Waddle asked where Project Shamrock located.
Mr. Livingston stated they have not announced, but he knows they were looking in Mesquite, Dallas and Louisville. They only wanted to look at existing space. They did state that if they plan to build, they will revisit DeSoto first.
Mayor Pro Tem Clardy left the dais at 7:55 and returned at 8:00.
Councilmember Sherman inquired about the new developments and the 99% of funds that are still outstanding. Of the 6 developments, 3 are not open - either groundbreaking or near finish equals about 77% of the obligation. He asked what the criteria is for the other projects to receive the outstanding funds.
Mr. Livingston stated Kaufman Tire will receive 5 annual payments, amount received is tied to level of taxable value; Holiday Inn Express receive payment verified upon building meeting minimal taxable value; Hampton Inn and Suites will receive a payment when they receive a Certificate of Occupancy (CO); Quorum Equities will receive $300,000 payment when long-term acute care hospital gets a CO and another $100,000 for the verified taxable value of the long-term acute care hospital.
MCM Grande did receive their payment, but it was made in April, which is the 3rd quarter. Cintas will get $300,000 when they receive their CO and the balance will be paid out over a ten year period.
D. CONSENT AGENDA
1. Approval of City Council Minutes
a. Regular Meeting - 02-19-08
Click Here to View 02-19-08 City Council Meeting Minutes
b. Special Meeting - N/A
2. Acceptance of Board and Commission Minutes
a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - N/A
e. Library Board - N/A
f. Park Development Corporation - 02-04-08, 03-03-08
Click Here to View 02-04-08 Park Board Meeting Minutes
Click Here to View 03-03-08 Park Board Meeting Minutes
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - 03-10-08
Click Here to View 03-10-08 KDB Meeting Minutes
j. Zoning Board of Adjustment - N/A
k. DeSoto, Texas Historical Foundation - 03-27-08
Click Here to View 03-27-08 DTHF Meeting Minutes
The Keep DeSoto Beautiful minutes for 3/10/08 are withdrawn for consideration due to scrivener’s corrections.
Motion to approve Consent Agenda. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Consent Agenda. (Approved)
E. PUBLIC HEARINGS
1. Consider Case Z-1143-08; an amendment to the City of DeSoto Comprehensive Zoning Ordinance to revise regulations for Radio, Television and Microwave Towers; Front Yard; and Parking Requirements; and adopting Ordinance.
Click Here to View E.1. Management Report
Laura Hallmark, Administrative Assistant to the City Secretary, as Acting City Secretary in Ms. Shipman's absence, read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the management report.
Motion to open Public Hearing Moved by Councilmember Helm, seconded by Councilmember Respess.
Vote to open Public Hearing (Approved)
Mayor Pro Tem Clardy inquired about what determines a minor street versus a major street. Tom Johnson, Managing Director of Development Services, stated it is according to the thoroughfare plan. Streets have different classifications; arterials, connecters, and minor streets.
Councilmember Respess stated that a property owner in his district had this same problem. It was the property owner’s request to face the major street. Is there a way to build in an exception if this comes up in the future?
Ms. Zombeck stated if it is Council’s desire to do so, it could be done; this is the way this has historically been done. If there is something different about the property, the issue could be brought before Board of Adjustments for a variance.
Councilmember Valentine asked what brought up the issue that it required amending. Ms. Zombeck stated there was nothing specific, but the fact that the issue continued to be brought up.
Councilmember Williams provided an example of a home facing the corner of two minor streets, with the address on the second minor street. He asked where the front yard would be. Ms. Zombeck replied that in another section of the Zoning Ordinance, it states that the narrow side of the lot is the front of the lot.
Mr. Johnson stated that the plats on file will define where the front and side building lines are.
Councilmember Valentine asked if this is approved, would it prevent building the home on the diagonal? Ms. Zombeck replied that was the case.
Councilmember Respess asked if staff would be agreeable to include language that would allow variances.
City Attorney Pete Smith stated that if the residence were within a Planned Development, that language could be added at the time the planned development is established and when the site plan is reviewed. An individual home, however does not go through a planned development.
Mayor Waddle inquired about the towers and the definition of "commercial".
Councilmember Valentine asked if this distance limitation is consistent with the ordinance in place for the wind turbines. Ms. Zombeck stated the distance requirement for this definition is more than the other.
Councilmember Respess asked if this tower ordinance included cell phone towers and non-commercial towers. Ms. Zombeck stated that this ordinance includes cell phone towers, but non-commercial or private, such as HAM operators would be covered under another ordinance.
Councilmember Williams asked what the determinate is for the number of participants for adult day care. Ms. Zombeck stated the owner will tell how many and will be limited by their Certificate of Occupancy.
Motion to close Public Hearing Moved by Councilmember Respess, seconded by Mayor Pro Tem Clardy.
Vote to close Public Hearing (Approved)
Ms. Hallmark read the Ordinance caption into the public record.
Motion to approve Z-1143-08; an amendment to the City of DeSoto Comprehensive Zoning Ordinance to revise regulations for Radio, Television and Microwave Towers; Front Yard; and Parking Requirements; and adopting Ordinance #1781-08. Moved by Councilmember Valentine, seconded by Councilmember Sherman.
Vote to approve Z-1143-08; an amendment to the City of DeSoto Comprehensive Zoning Ordinance to revise regulations for Radio, Television and Microwave Towers; Front Yard; and Parking Requirements; and adopting Ordinance #1781-08. (Approved)
2. Consider Case Z-1144-08; a request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12); Lots 12, 13, 14, and 15, Block E, Clover Haven Addition; located on Parkdale Lane; and adopting Ordinance.
Click Here to View E.2. Management Report
Ms. Hallmark read the agenda caption and introduced Linda Zombeck, Senior Planner, who presented the management report.
Motion to open Public Hearing Moved by Councilmember Williams, seconded by Councilmember Respess.
Vote to open Public Hearing (Approved)
Councilmember Williams inquired if everything on the zoning map in red was commercial except the small SF-8 block and yellow to the east is residential. Ms. Zombeck stated that was the case.
Councilmember Helm left the dais at 8:41 and returned at 8:42.
Councilmember Valentine asked for further clarification of the current zoning for the properties surrounding the application property.
Councilmember Respess asked if there are flood plane issues for this property that will limit development. Mr. Johnson stated it was not considered in the flood plane, but does get a fair amount of water.
Councilmember Sherman stated that the land appears to be undesirable for commercial development and also seemingly undesirable for residential property. He stated the reason for the application seems to be so the applicant can receive financing. If land is not desirable for residential or commercial, why not do something advantageous for the landowner.
Councilmember Williams stated he is not opposed to doing something good for a citizens, but this appears to be "spot zoning". He stated either change all the zoning all at once or leave it.
Councilmember Sherman stated he agreed with that idea.
Mayor Pro Tem Clardy left the dais at 8:55 and returned at 8:58.
Councilmember Respess stated it didn’t make much sense to rezone a little piece that will overlap into the commercial zoning. It does make sense to rezone the whole area according to the Future Land Use plan.
Edlyn Vatthauer, Planning Manager, stated that if Council wanted to address rezoning according to the future land use plan, that is something that could be investigated.
Mayor Waddle inquired about the square footage of the four lots. Mr. Johnson stated it was approximately one acre.
Councilmember Valentine stated the map doesn’t show how sloped the property is.
Councilmember Sherman stated that if it’s commercial, it’s unsuitable for building; if it’s residential, it’s still unsuitable for building, why not do something that will aid the property owner and potentially help increase the value of the property and the area?
Lilla Bench, 2852 Hurstview Drive, Hurst Texas spoke in opposition to the item. She is a property owner directly to the east of the property.
Mary Sheppard, 2852 Hurstview Drive, Hurst Texas spoke in opposition to the item.
Charles Carrier, 7323 Campbell Road, Dallas Texas, owner of the property spoke in support of the item.
Motion to close Public Hearing Moved by Councilmember Respess, seconded by Councilmember Williams.
Vote to close Public Hearing (Approved)
Councilmember Valentine stated she believes the creek is the natural barrier between the Commercial and Residential zoning.
Councilmember Respess stated he agrees with that statement.
Councilmember Williams commented he would like to give the I-35/Parkerville Road development time to progress.
Councilmember Sherman stated he felt that the line of demarkation is Parkdale Road.
Mayor Pro Tem Clardy asked if there was an idea of how much tax revenue this property generates. There was not an answer.
Mayor Waddle commented he also believes the creek is the demarkation line and would like to get the comprehensive plan in order.
Ms. Hallmark read the Ordinance caption into the public record.
Motion to approve Case Z-1144-08 to change the zoning designation of lots 12 through 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12) and adopt Ordinance. Moved by Councilmember Sherman, seconded by Councilmember Williams.
Vote to approve Case Z-1144-08 to change the zoning designation of lots 12 through 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12) and adopt Ordinance. (Declined)
City Attorney Smith suggested that Council propose a motion to deny the item as a matter of point.
Motion to deny Case Z-1144-08 to change the zoning designation of lots 12, 13, 14, and 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12). Moved by Councilmember Valentine, seconded by Councilmember Respess.
Vote to deny Case Z-1144-08 to change the zoning designation of lots 12, 13, 14, and 15, Block E, Clover Haven Addition from Commercial-1 (C-1), to Single Family Residential -12 (SF-12). (Approved)
F. REGULAR AGENDA - New Business
1. Consider authorization to amend allowable recyclable materials and rate structure of the solid waste contract with Republic Waste Systems Ltd. d/b/a Duncan Disposal Company, Inc. to reflect a rate increase for solid waste collection and to reflect a rate increase of Waste Management d/b/a Skyline Landfill Effective June 1, 2008.
Click Here to View F.1. Management Report
Ms. Hallmark read the agenda caption and introduced Tracie Hlavinka, Community Initiatives Manager, who presented the management report.
Councilmember Williams stated that the contract allows annual increase and inquired if there is a cap on the annual increase from year to year.
Mr. Baugh stated it is whatever various indices indicate.
Councilmember Williams asked what the amount of increase has been over the last three years. Mr. Baugh stated the increase has been approximately 2%.
Lynda Humble, Assistant City Manager, stated that last year's increase was 0.15% and prior to that has been 1-2%. Historically, it has never come close to 4% and this is an unusual year relative to increases.
Councilmember Respess asked if the increase was being driven by the cost of fuel. Ms. Humble stated that the Consumer Price Index takes into account anything we might consume such as food and fuel is part of that.
Motion to approve the contract amendment with Republic Waste Industries d/b/a Duncan Disposal to add additional recycling materials and raise solid waste collection and disposal rates for residential, commercial, and industrial users. Moved by Councilmember Williams, seconded by Councilmember Sherman.
Vote to approve the contract amendment with Republic Waste Industries d/b/a Duncan Disposal to add additional recycling materials and raise solid waste collection and disposal rates for residential, commercial, and industrial users. (Approved)
G. REGULAR AGENDA - Old Business
H. CITIZEN APPEARANCES
Margie Riley, 412 Sweet Gum Drive, DeSoto, spoke on behalf of the DeSoto Library Advisory Board. She announced the Scholastic Book Fair May 20-22, from 10 a.m. to 8 p.m. in the Library Assembly Hall and will benefit the Summer Library Reading Program.
She announced the Summer Reading Program and mentioned some of the prizes that can be won by participating. Further information can be found in the library or on the library’s web site.
The library will also hold a short story contest. July 18th is the deadline for submissions.
I. ANNOUNCEMENTS
K. ADJOURNMENT
Council will recess at 9:58 and reconvene into Work Session to discuss the City Secretary Position. Will also convene into executive session regarding economic development negotiations.
WORK SESSION 4. Discuss Job Description for City Secretary Position, Salary Range, and Job Posting. May be convened into Executive Session Pursuant to Texas Government Code, Section 551.074, Personnel Matters, to discuss potential interview questions for candidates for the position of City Secretary.
Roll Call: 6 members present, 1 members absent, 0 members excused.
Mayor Waddle reconvened the meeting at 10:15 p.m.
Andre Houser, Managing Director of Human Resources, submitted suggested changes to the City Secretary job description received from Councilmember Respess.
It was the consensus of Council to accept the changes and finalize the job description.
Mr. Houser reviewed the salary information he had provided to the Council.
Councilmember Respess inquired if the salary ranges were based on market comparison. Mr. Houser stated the minimal salary is.
Councilmember Respess commented that they should be able to provide a competitive salary.
Councilmember Williams asked how the salary would be advertised. Mr. Houser stated that it would be the minimum of $67,792 for minimum qualifications.
Councilmember Sherman stated he would not be in favor of listing the maximum, as a candidate might expect it.
Councilmember Valentine inquired if the Council is limited to the maximum amount. Mr. Houser replied that it is not a City position and the Council is able to do as they wish.
Mr. Houser presented the subject of potential interview questions. He stated he would prefer to not discuss them in open session so as not to give any candidate an unfair advantage.
Mayor Waddle suggested that Mr. Houser provide the Councilmembers with the list of questions to review and they could contact him if they had any questions or suggestions.
Councilmember Williams inquired about the decision to search for potential candidates among current City employees.
Councilmember Valentine asked why they were revisiting a decision already made.
Councilmember Sherman expressed concern for the integrity of the vote. He didn’t want to set a precedent that Council revisit decisions.
After further discussion, it was the consensus of Council to remain with their original decision of posting the job opening to current City employees. Mr. Houser stated he would post the position within the week.
J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION
1. Executive Session pursuant to Texas Government Code, Section 551.087 Deliberation Regarding Economic Development Negotiations for the Shops at Ten Mile Creek and the Endeavor Real Estate Group to discuss financial information provided by the developer and possible incentives for the project.
Mayor Waddle convened into Executive Session at 10:50 p.m.
All Councilmembers were present with the exception of Mayor Pro Tem Thelma Clardy.
Those in attendance were: Jim Baugh, City Manager; Lynda Humble, Assistant City Manager; Scott Livingston, Executive Director of the DEDC; Perry Holloway, DEDC Vice President; Pete Smith, City Attorney; Tom Johnson, Managing Director of Development Services; Laura Hallmark, Administrative Assistant to the City Secretary.
Mayor Waddle convened into regular session at 11:42 p.m.
2. Action resulting from Executive Session regarding Economic Development Negotiations.
There was no action taken.
Mayor Waddle adjourned the meeting at 11:43 p.m.
The record of minutes for this meeting have been prepared by Laura Hallmark, Administrative Assistant to the City Secretary as acting City Secretary in the absence of Anell Shipman.
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