Mr. Baugh provided some background information on the PIP program and introduced James Horton and Casey Greer, who provided Council with the revisions of the program.

4. Discussion of the suggested modification of protocol for legal services.

Click Here to View Protocol for Legal Services

City Attorney, Pete Smith, discussed his role at the law firm of Nichols, Jackson, Dillard, Hager & Smith. Mr. Smith presented Joe Gorfida, who has played a supportive role in working with the City. Mr. Smith further explained that with Council's approval, Mr. Gorfida would serve as the main point of contact for City business. It was the concensus of Council to approve this modification.

5. Hold a meeting of the Industrial Development Authority to discuss and consider a Resolution authorizing the issuance of the City of DeSoto Industrial Development Authority, Inc. Revenue bonds (Technology container Corp. project) Series 2008.

Click Here to View Industrial Development Authority Meeting Information

Mayor Waddle recessed the Work Session at 6:37 p.m. in order to convene the meeting of the DeSoto Industrial Development Authority.

Mayor Waddle reconvened the Work Session at 6:50 p.m.

Councilmembers discussed setting dates for Boards and Commissions interviews, which were scheduled for October 14 and 16, 2008.

Mayor Waddle adjourned the Work Session at 6:55 p.m. After a short break, the Council will reconvene in Regular Session.

B. REGULAR SESSION - CALL TO ORDER

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

Mayor Waddle called the meeting to order at 7:05 p.m.

1. Invocation by: Curt Krohn, Faith Bible Church

2. Pledge of Allegiance led by Mayor Pro Tem Carl Sherman

3. Ambassador: Corporal Ryan Jesionek, Police Department
Cpl. Jesionek was born in Ohio and lived in both Ohio and Indiana until moving to Texas at the age of 15. He graduated from Grapevine H.S. in 1992 and attended Texas A&M University, graduating in 1996 with a B.S. in Psychology. He has been with Desoto Police Department for almost five years and currently serves in the Patrol Division and as a Field Training Officer. He served six years in the United States Marine Corps Reserve as a Military Police officer and Combat Engineer.

He enjoys spending his time reading, watching movies and sports, working out, and travel/vacations. He is thrilled to be a peace officer and feels that this profession is his calling in life.

C. PRESENTATIONS

D. CONSENT AGENDA

1. Approval of City Council Minutes

a. Regular Meeting - N/A

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 - 03-06-08

Click Here to View 03-06-08 Library Board Minutes

f. Park Development Corporation - N/A

g. Planning and Zoning Commission - 07-08-08, 07-22-08, 07-29-08

Click Here to View 07-08-08 P&Z Minutes

Click Here to View 07-22-08 P&Z Minutes

Click Here to View 07-29-08 P&Z Minutes

h. DeSoto Arts Commission - N/A

i. Keep DeSoto Beautiful - N/A

j. Zoning Board of Adjustment - N/A

k. DeSoto, Texas Historical Foundation - N/A

Ms. Hallmark listed the items for consideration.

Motion to to approve consent agenda as presented. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Williams.

Vote to to approve consent agenda as presented. (Approved)

E. PUBLIC HEARINGS

1. Consider Zoning Case Z-1153-08; am Amendment to the Comprehensive Zoning Ordinance concerning Appendix A-3, Definitions; Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading Requirements; and Section 43 - Supplemental Regulations and adopting Ordinance.

Click Here to View E.1. Management Report

Ms. Hallmark read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.

Motion to open Public Hearing Moved by Councilmember Respess, seconded by Mayor Pro Tem Sherman.

Vote to open Public Hearing (Approved)

Councilmember Respess asked for clarification of the new definition of animal humane society and suggested that the word pets should be changed to animals. He further asked for clarification regarding the muffler shop definition and asked how it varies from repair shop.

Mr. Vatthauer explained they were permitted the same, but listed separately.

Councilmember Respess stated that auto glass repair can be performed in the parking lot, and asked if this prevents the shop from plying their trade in the parking spaces at their business.

Mr. Vatthauer replied that it does not.

Motion to close Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

Motion to approve Ordinance #1796-08 amending the Comprehensive Zoning Ordinance by amending definitions of Animal Humane Society, Auto Glass, Seat Covers/Upholstery and Muffler Shop, and Bed and Breakfast Inn; amending Use Regulations, amending Parking Requirements, and amending the Supplemental Regulations by adding Bed and Breakfast Inn or Facility. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Valentine.

Vote to (Approved)

2. Consider an Ordinance adopting the Budget for the Fiscal Year beginning October 1, 2008 and ending September 30, 2009; Adopting the 2009-2013 Capital Improvement Plan, and Adopting the 2008-2009 Work Plan.

Click Here to View E.2. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Motion to open Public Hearing Moved by Councilmember Respess, seconded by Mayor Pro Tem Sherman.

Vote to open Public Hearing (Approved)

Councilmember Respess commended Ms. Browder and the staff who worked on the budget. He commented on the excellent work done and it sets a fine example.

Mayor Waddle commended the City Manager and staff for their work on the budget.

Mr. Baugh stated he was pleased with the hard work that the City staff had done on reaching this budget.

Motion to close Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Williams.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

Motion to approve Ordinance #1797-08 adopting the budget for FY 2009 for the City of DeSoto, adopting the Capital Improvement Plan for 2009-2013, and adopting the 2008-2009 Work Plan. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Williams.

Vote to (Approved)

Mr. Baugh thanked the Council for their direction and their vote for this year’s budget.

F. REGULAR AGENDA - New Business

1. Consider an Ordinance setting the Tax Rate and Levying the Ad Valorem Taxes for the 2008 Tax Year.

Click Here to View F.1. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Ms. Hallmark read the Ordinance caption into the public reccord.

Motion to approve Ordinance #1798-08 adopting the tax rate of 48.592 cents per $100 valuation for operating and maintenance and 21.381 cents per $100 valuation for a total tax rate of 69.973 cents per $100 valuation and levying the ad valorem taxes for the tax year 2008. Moved by Councilmember Valentine, seconded by Councilmember Respess.

Vote to (Approved)

2. Consider a Resolution approving a resolution adopted by the DeSoto Industrial Development Authority, Inc. providing for the issuance of the Industrial Development Authority, Inc. Revenue Bonds (Technology Container Corp.) Series 2008.

Click Here to View F.2. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Fred Dowd, President of Technology Container Corporation, provided some information about the company and how they arrived in DeSoto.

Mayor Waddle welcomed Mr. Dowd and the company to DeSoto.

Mayor Pro Tem Sherman inquired about job opportunities and asked for clarification of the 50 positions in the first year.

Mr. Dowd explained there would be two full shifts immediately; mid-October should have 25 people per shift.

Mayor Pro Tem Sherman asked if the employees that apply from DeSoto will get special consideration.

Mr. Dowd commented that they would should they meet the qualifications.

Motion to approve Resolution #08-18 relating to the proposed DeSoto Industrial Development Authority, Inc. Revenue Bonds (Technology Container Corporation) Series 2008. Moved by Councilmember Lockhart, seconded by Councilmember Valentine.

Vote to (Approved)

3. Consider the Adoption of the Amended DeSoto Economic Development Corporation By-Laws.

Click Here to View F.3. Management Report

Ms. Hallmark read the agenda caption and introduced Curtistene McCowan, President of the DeSoto Economic Development Corporation Board of Directors, who presented the background information for this item.

Motion to approve the submitted amendments to the DEDC by-laws Moved by Councilmember Lockhart, seconded by Councilmember Williams.

Vote to (Approved)

4. Consider a reappointment to the Civil Service Commission.

Click Here to View F.4. Management Report

Ms. Hallmark read the agenda caption and introduced Jim Baugh, City Manager, who presented the staff report.

Councilmember Lockhart, former Commissioner, commented that the Commission is dear to her heart and very happy that Mr. Collier will be continuing to serve.

Motion to approve the reappointment of James Collier, Jr. to the DeSoto Civil Service Commission for a three year term ending September 30, 2011. Moved by Councilmember Lockhart, seconded by Mayor Pro Tem Sherman.

Vote to (Approved)

5. Consider an Ordinance Amending Appendix A Fee Schedule, Article 2.00, Building Permits, of the Code of Ordinances by Amending the Building Code Fees and by adding new Article 28.00, Fire Code Fees.

Click Here to View F.5. Management Report

Ms. Hallmark read the agenda caption and introduced Jack Thompson, Building Official, who presented the staff report.

Mayor Pro Tem Sherman left the dais at 8:17 and returned at 8:19 p.m.

Councilmember Williams asked for clarification regarding the new fees and the percentage of increase.

Councilmember Valentine asked if it was also true that it has not been raised since 2003?

Mr. Thompson stated that was the case.

Councilmember Respess asked if these fees are reasonable and customary within the area.

Mr. Thompson stated they were still on the lower end of comparable cities.

Councilmember Respess asked if these fees now cover the fixed cost of operations.

Mr. Baugh stated they have not followed tendency to see what other people are charging and then charge that. The City ties our charges to the services provided and only do it when it is necessary to cover that cost of service.

Mayor Pro Tem Sherman asked if the decrease in volume of permits has driven the necessity to look at this issue.

Mr. Baugh stated that these charges cover the fixed cost of building official, senior inspector, and permit technician and also the costs of the third party inspectors.

Councilmember Ledbetter noted that not all of the fees changed, but some.

Mr. Thompson explained that a majority of the fees changed.

Ms. Hallmark read the Ordinance caption into the public record.

Motion to Approve approve Ordinance #1799-08 amending Appendix A Fee Schedule, Article 2.00, Building Permits, of the Code of Ordinances by amending the building code fees and adding new Article 28.00, Fire Code Fees. Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to Approve approve Ordinance #1799-08 amending Appendix A Fee Schedule, Article 2.00, Building Permits, of the Code of Ordinances by amending the building code fees and adding new Article 28.00, Fire Code Fees. (Approved)

6. Consider an Ordinance Amending the Code of Ordinances by Amending the Fee Schedule, Appendix A, Article 5.000 for Improvements within the Right-of-Way.

Click Here to View F.6. Management Report

Ms. Hallmark read the agenda caption and introduced Crystal Owens, City Engineer, who presented the staff report.

Councilmember Valentine asked who paid the fee.

Ms. Owens explained that the contractor or whomever is doing the work.

Councilmember Valentine asked Ms. Owens to give an example of when this is applicable.

Ms. Owens explained that a retail development - any work done within a fire lane would apply.

Councilmember Valentine asked if this was limited to projects that are taking place in the business areas.

Ms. Owens explained that this would occur in subdivisions or public streets; any times tie ins with sewer or water lines.

Mayor Pro Tem Sherman inquired about the permit fee for residential properties and who the contractor will turn around and charge.

Ms. Owens did not have an answer for that.

Mr. Baugh explained it would be considered a development cost.

Councilmember Lockhart inquired if there has been no increase since 1995 and will the rates still be considered low.

Ms. Owens explained the rates will be around midpoint compared to other cities.

Ms. Hallmark read the Ordinance caption into the public record.

Motion to Approve approve Ordinance #1800-08 amending the Code of Ordinances by amending the Fee Schedule, Appendix A, Article 5.000 for Improvements Within the Right-of-Way. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Lockhart.

Vote to Approve approve Ordinance #1800-08 amending the Code of Ordinances by amending the Fee Schedule, Appendix A, Article 5.000 for Improvements Within the Right-of-Way. (Approved)

7. Consider an Ordinance Amending the Fiscal Year 2007-2008 Budget by deleting the additional Captain’s Position in the Fire Rescue Department.

Click Here to View F.7. Management Report

Ms. Hallmark read the agenda caption and introduced Fire Chief, Fred Hart, who presented the staff report.

Mr. Baugh very much appreciated the flexibility the Council afforded the City by adding this position.

Ms. Hallmark read the Ordinance caption into the public record.

Motion to approve Ordinance #1801-08 amending the fiscal year 2007-2008 budget decreasing the number of approved Fire Captain’s positions from 10 (ten) to 9 (nine). Moved by Councilmember Williams, seconded by Councilmember Lockhart.

Vote to approve Ordinance #1801-08 amending the fiscal year 2007-2008 budget decreasing the number of approved Fire Captain’s positions from 10 (ten) to 9 (nine). (Approved)

8. Consider an Interlocal Cooperation Purchasing Agreement with the City of Mesquite.

Click Here to View F.8. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Councilmember Williams asked for clarification of semantics whether the City will be purchasing or renting these uniforms.

Ms. Browder stated they will be rented.

Mr. Baugh stated this included the linens for the Civic Center.

Mayor Pro Tem Sherman asked if the savings were known.

Ms. Browder stated she did not have the exact figures.

Councilmember Respess inquired if this agreement was limited to the linen service or if it is open to broader agreements.

Ms. Browder stated it is broader and can be applied to other items.

Councilmember Ledbetter inquired what we were we spending on those services and asked why the decision was made to work with Mesquite’s vendor.

Ms. Browder stated she did not know that number across the board and was unsure of the contractor’s name, but knew they are an Historically Underutilized Business.

Councilmember Williams asked if we know the unit price of things we were renting.

Ms. Browder stated the unit price was favorable and the service provided is superior to what we currently have.

Motion to approve an Interlocal Cooperation Purchasing Agreement with the City of Mesquite. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to approve an Interlocal Cooperation Purchasing Agreement with the City of Mesquite. (Approved)

G. REGULAR AGENDA - Old Business

H. CITIZEN APPEARANCES

Linda Lamar, 604 Bent Creek Drive, DeSoto, spoke on behalf of the Library Advisory Board. She announced that September is Library Card Sign Up Month. The Library Board will offer a series of workshops this month. Tuesday, September 23rd will be the first workshop entitled, "How to speak to your child’s teacher".

I. ANNOUNCEMENTS

Councilmember Valentine stated that "A Soldier’s Play" is still playing at the Corner Theater through September.

Mayor Waddle stated that he and his wife attended and it was an outstanding play and the corner theater is a great venue.

Mayor Pro Tem Sherman reminded everyone that this Saturday will be the DeSoto Chamber of Commerce Roast n Toast of Curtistene McCowan at the MCM Grande Hotel.

Ms. Hallmark thanked the Council for their support in her selection as the new City Secretary.

Mayor Waddle announced that Thursday, September 18th at 7 p.m. the DeSoto ISD Superintendent and Board of Trustees President will be holding a meeting with the community at DeSoto West Junior High School to discuss the problems facing the school district.

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

K. ADJOURNMENT

Mayor Waddle adjourned the meeting at 8:56 p.m.

Sep 16, 2008 City Council Meeting 2008-09-16

Full agenda
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A. WORK SESSION

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

1. Review of Master Agenda by City Manager.

City Manager, Jim Baugh, reviewed items on the Master Agenda.

2. Discussion of Regular Agenda items.

3. Discussion of the revised PIP for FY 2009

Click Here to View 2009 PIP Information

Mr. Baugh provided some background information on the PIP program and introduced James Horton and Casey Greer, who provided Council with the revisions of the program.

4. Discussion of the suggested modification of protocol for legal services.

Click Here to View Protocol for Legal Services

5. Hold a meeting of the Industrial Development Authority to discuss and consider a Resolution authorizing the issuance of the City of DeSoto Industrial Development Authority, Inc. Revenue bonds (Technology container Corp. project) Series 2008.

Click Here to View Industrial Development Authority Meeting Information

B. REGULAR SESSION - CALL TO ORDER

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

Mayor Waddle called the meeting to order at 7:05 p.m.

1. Invocation by: Curt Krohn, Faith Bible Church

2. Pledge of Allegiance led by Mayor Pro Tem Carl Sherman

3. Ambassador: Corporal Ryan Jesionek, Police Department
Cpl. Jesionek was born in Ohio and lived in both Ohio and Indiana until moving to Texas at the age of 15. He graduated from Grapevine H.S. in 1992 and attended Texas A&M University, graduating in 1996 with a B.S. in Psychology. He has been with Desoto Police Department for almost five years and currently serves in the Patrol Division and as a Field Training Officer. He served six years in the United States Marine Corps Reserve as a Military Police officer and Combat Engineer.

He enjoys spending his time reading, watching movies and sports, working out, and travel/vacations. He is thrilled to be a peace officer and feels that this profession is his calling in life.

C. PRESENTATIONS

1. Presentation of Proclamation in recognition of Constitution Week.

Mayor Waddle presented a Proclamation in recognition of Constitution Week to Elizabeth Reed, member of Daughters of the American Revolution.

2. Best Southwest Partnership presentation.

Fred Orr, Chairmain of the Best Southwest Partnership introduced Wendy Hodges-Kent, Executive Director, who presented the annual report.

3. Presentation of the Financial Statements for August 2008.

Click Here to View August 2008 and 3rd Quarter Investment Reports

Mayor Waddle introduced Camelia Browder, Managing Director of Finance, who presented the August 2008 and 3rd Quarter Investment Reports.

D. CONSENT AGENDA

1. Approval of City Council Minutes

a. Regular Meeting - N/A

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 - 03-06-08

Click Here to View 03-06-08 Library Board Minutes

f. Park Development Corporation - N/A

g. Planning and Zoning Commission - 07-08-08, 07-22-08, 07-29-08

Click Here to View 07-08-08 P&Z Minutes

Click Here to View 07-22-08 P&Z Minutes

Click Here to View 07-29-08 P&Z Minutes

h. DeSoto Arts Commission - N/A

i. Keep DeSoto Beautiful - N/A

j. Zoning Board of Adjustment - N/A

k. DeSoto, Texas Historical Foundation - N/A

Ms. Hallmark listed the items for consideration.

Motion to to approve consent agenda as presented. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Williams.

Vote to to approve consent agenda as presented. (Approved)

E. PUBLIC HEARINGS

1. Consider Zoning Case Z-1153-08; am Amendment to the Comprehensive Zoning Ordinance concerning Appendix A-3, Definitions; Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading Requirements; and Section 43 - Supplemental Regulations and adopting Ordinance.

Click Here to View E.1. Management Report

Ms. Hallmark read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who presented the staff report.

Motion to open Public Hearing Moved by Councilmember Respess, seconded by Mayor Pro Tem Sherman.

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

Vote to (Approved)

2. Consider an Ordinance adopting the Budget for the Fiscal Year beginning October 1, 2008 and ending September 30, 2009; Adopting the 2009-2013 Capital Improvement Plan, and Adopting the 2008-2009 Work Plan.

Click Here to View E.2. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Motion to open Public Hearing Moved by Councilmember Respess, seconded by Mayor Pro Tem Sherman.

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Mayor Pro Tem Sherman, seconded by Councilmember Williams.

Vote to close Public Hearing (Approved)

Ms. Hallmark read the Ordinance caption into the public record.

Vote to (Approved)

Mr. Baugh thanked the Council for their direction and their vote for this year’s budget.

F. REGULAR AGENDA - New Business

1. Consider an Ordinance setting the Tax Rate and Levying the Ad Valorem Taxes for the 2008 Tax Year.

Click Here to View F.1. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Ms. Hallmark read the Ordinance caption into the public reccord.

Vote to (Approved)

2. Consider a Resolution approving a resolution adopted by the DeSoto Industrial Development Authority, Inc. providing for the issuance of the Industrial Development Authority, Inc. Revenue Bonds (Technology Container Corp.) Series 2008.

Click Here to View F.2. Management Report

Ms. Hallmark read the agenda caption and introduced Camelia Browder, Managing Director of Finance, who presented the staff report.

Vote to (Approved)

3. Consider the Adoption of the Amended DeSoto Economic Development Corporation By-Laws.

Click Here to View F.3. Management Report

Motion to approve the submitted amendments to the DEDC by-laws Moved by Councilmember Lockhart, seconded by Councilmember Williams.

Vote to (Approved)

4. Consider a reappointment to the Civil Service Commission.

Click Here to View F.4. Management Report

Ms. Hallmark read the agenda caption and introduced Jim Baugh, City Manager, who presented the staff report.

Councilmember Lockhart, former Commissioner, commented that the Commission is dear to her heart and very happy that Mr. Collier will be continuing to serve.

Vote to (Approved)

5. Consider an Ordinance Amending Appendix A Fee Schedule, Article 2.00, Building Permits, of the Code of Ordinances by Amending the Building Code Fees and by adding new Article 28.00, Fire Code Fees.

Click Here to View F.5. Management Report

Ms. Hallmark read the agenda caption and introduced Jack Thompson, Building Official, who presented the staff report.

6. Consider an Ordinance Amending the Code of Ordinances by Amending the Fee Schedule, Appendix A, Article 5.000 for Improvements within the Right-of-Way.

Click Here to View F.6. Management Report

Vote to Approve approve Ordinance #1800-08 amending the Code of Ordinances by amending the Fee Schedule, Appendix A, Article 5.000 for Improvements Within the Right-of-Way. (Approved)

7. Consider an Ordinance Amending the Fiscal Year 2007-2008 Budget by deleting the additional Captain’s Position in the Fire Rescue Department.

Click Here to View F.7. Management Report

Vote to approve Ordinance #1801-08 amending the fiscal year 2007-2008 budget decreasing the number of approved Fire Captain’s positions from 10 (ten) to 9 (nine). (Approved)

8. Consider an Interlocal Cooperation Purchasing Agreement with the City of Mesquite.

Click Here to View F.8. Management Report

Motion to approve an Interlocal Cooperation Purchasing Agreement with the City of Mesquite. Moved by Mayor Pro Tem Sherman, seconded by Councilmember Respess.

Vote to approve an Interlocal Cooperation Purchasing Agreement with the City of Mesquite. (Approved)

Sep 16, 2008 City Council Meeting 2008-09-16

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