Tracie Hlavinka, Community Initiatives Manager, presented a PowerPoint presentation about mulching programs currently operating in the region.

Council discussion regarding cost, benefit to citizens, and possible locations.

4. Discussion of an Ordinance amending Chapter 1 "General Provisions" of the City of DeSoto Code of Ordinances by amending Article 1.900 "Park Regulations" to Provide for Regulations Governing the Use of Alcoholic Beverages within Park Facilities, Civic Center and Corner Theatre.

Tarron Richardson, Assistant City Manager, provided background information from the previous discussion.

Council discussion regarding security requirements, locations covered, and an approved caterer list.

Mayor Sherman adjourned the Work Session at 6:55 p.m.

B. REGULAR SESSION - CALL TO ORDER

Roll Call: 6 members present, 1 members absent, 0 members excused.

Mayor Sherman called the meeting to order at 7:06 p.m.

1. Invocation by: Marcus King, Johnson Chapel Community Church.

2. Pledge of Allegiance led by Councilmember Denise Valentine.

3. Ambassador: Steven Hall, Police Department.
Steven Hall was born and raised in Dallas. He was educated in the DallasIndependentSchool District. Steven received a degree in Business from StephenF.AustinStateUniversity in Nacogdoches, Texas, in 1989.

Steven began working for the Police Department in 1994.

Steven enjoys keeping up with current events and world news.

C. PRESENTATIONS

1. Presentation from DeSoto Fire Rescue recognizing Kendle Arnold.

Ms. Hallmark read the agenda item and introduced Fire Chief Fred Hart to presented Kendle Arnold with a certificate.

F. REGULAR AGENDA - PART 1 - ELECTION PROTOCOL

1. Qualification and presentation of Certificate of Election to newly elected City Councilmember Place 6 per the Texas Election Code.

Click Here to View F.1. Part 1 Management Report

Ms. Hallmark read the agenda item and provided the background information.

2. Conduct Oath of Office for newly elected City Councilmember Place 6 per the Texas Constitution.

Click Here to View F.2. Part 1 Management Report

Ms. Hallmark read the agenda item and provided the background information.

Mayor Sherman presented the Certificate of Election to James Zander; after which, Linda Zander, James’ wife, administered the Oath of Office. Mr. Zander made a few personal remarks before taking his seat on the dais.

Councilmember Place 6 - James Zander

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

3. Consider adoption of City Council Rules of Procedure and Order of Business as prescribed by the DeSoto City Charter.

Click Here to View F.3. Part 1 Management Report

Ms. Hallmark read the agenda item and provided the background information.

Motion to approve the City Council Rules of Procedure and Order of Business as prescribed in the City Charter for the City of DeSoto and Resolution 02-64. Moved by Councilmember Lockhart, seconded by Councilmember Respess.

Vote to approve the City Council Rules of Procedure and Order of Business as prescribed in the City Charter for the City of DeSoto and Resolution 02-64. (Approved)

4. Consider the selection of a Mayor Pro Tem for a one (1) year term as prescribed by the City Charter

Click Here to View F.4. Part 1 Management Report

Ms. Hallmark read the agenda item and presented the background information.

Motion to appoint Councilmember Valentine to serve in the capacity of Mayor Pro Tem effective immediately through the first regular City Council meeting following the General City Election of May 2011 Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to appoint Councilmember ?? to serve in the capacity of Mayor Pro Tem effective immediately through the first regular City Council meeting following the General City Election of May 2011 (Approved)

D. CONSENT AGENDA

1. Approval of City Council Minutes

a. Regular Meeting - 06-15-10

Click Here to View 2010-06-15 City Council Meeting Minutes

b. Special Meeting - N/A

2. Acceptance of Board and Commission Minutes

a. Arts Commission - N/A

b. Building and Standards Commission - N/A

c. Civil Service Commission - N/A

d. DeSoto Economic Development - 05-24-10

Click Here to View 2010-05-24 DEDC Meeting Minutes

e. DeSoto, Texas Historical Foundation - 01-14-10

Click Here to View 2010-01-14 Historical Foundation Meeting Minutes

f. Keep DeSoto Beautiful - N/A

g. Library Advisory Board - N/A

h. Park Development Corporation - N/A

i. Planning and Zoning - N/A

j. Zoning Board of Adjustment - N/A

Ms. Hallmark listed the items submitted for Council's consideration.

Motion to approve the Consent Agenda as presented. Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to approve the Consent Agenda as presented. (Approved)

E. PUBLIC HEARINGS

1. Consider Zoning Case Z-1182-09; an amendment to the City of DeSoto Zoning Ordinance classifying the new use "Entertainment Venue" involving amending Section 36 Use Regulations, Section 38 Parking Regulations, Section 43 Supplemental Regulations and Appendix 3 Definitions; and adopting Ordinance.

Click Here to View E.1. Management Report

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

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

Vote to open Public Hearing (Approved)

Council discussion regarding allowed locations and requirements, restriction of the presence of alcohol, and the level of interest in this type of establishment. (Editor's Note: SR this use shall be used in GR C1, C2 -- address security in the next item
EV only C1-C2
DV has there been a request for this type of business?
EV yes, in the past
SR could a person open an establishment and the patrons BYOB
JG could be allowed
SR is that something we can prohibit
JG not through this ordinance
SR through another ordinance?
JG can take a look at it
DV tonight would only be allowed in C1-C2 with a SUP
CS mentioned there have been inquiries, but no applicant tonight
)

Motion to close Public Hearing Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to close Public Hearing (Approved)

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

Motion to approve Ordinance #1852-10; Zoning Case Z-1182-09; an amendment to the Zoning Ordinance classifying the new use ?Entertainment Venue? as denoted. Moved by Councilmember Respess, seconded by Councilmember Valentine.

Vote to approve Ordinance #; Zoning Case Z-1182-09; an amendment to the Zoning Ordinance classifying the new use “Entertainment Venue” as denoted. (Approved)

2. Consider an amendment to the City of DeSoto Code of Ordinances by amending Chapter 4 "Business Regulations" by adding Article 4.1700 "Entertainment Venue Regulations"; and adopting Ordinance.

Click Here to View E.2. Management Report

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

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

Vote to open Public Hearing (Approved)

Council discussion regarding changing the wording "left the building" versus "left the premises" and the use of DeSoto peace officers versus other security officers.

Eve Williams, 1104 Shadow Wood Trail, DeSoto; spoke on the item.

Further discussion regarding the possible presence of alcohol, security requirements, and the standard of living set for the City of DeSoto. (Editor's Note: PL "until all guests have left the building" is the parking lot an extension of the building
EV no, just the building
JG could be premises
CS at the school functions, have so many minutes to leave the premises - police are probably used to that issue
DV would agree with that

Eve Williams, 1104 Shadow Wood Trail, DeSoto; spoke on the issue.

PL if allowed in C1-C2 with SUP - can we be more restrictive with SUP
JG reason for using DeSoto officers is they have the authority to arrest should the need arise
JZ want to ensure security for our city, but don’t want to prevent people coming in

DISCUSSION BEFORE ORDINANCE CAPTION
DV as long as there is the ability for BYOB, don’t feel comfortable in changing the security requirement - it allows the business, restricts the location, and further restricts it through security - as long as BYOB, not sure this is the type of business want in DeSoto - if want alcohol, would like them to go through TABC channels
SR see this type of venue, is not ***** for the city - have severely restricted this type of business -- more into prevention than remediation
JZ not in favor of anything that is dangerous to our community -- need more economic development, more jobs, -- want to be more judicious in giving people an opportunity and make sure people know we are open for business
DL open for business, but not the problems that can come with this type of business
DV we have a standard of living that we want to keep in the city which does not allow every type of business to flourish

JG -
DL recommend table and do some work
)

Motion to close Public Hearing Moved by Councilmember Valentine, seconded by Councilmember Lockhart.

Vote to close Public Hearing (Approved)

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

Motion to approve an amendment to the City of DeSoto Code of Ordinances by amending Chapter 4 ?Business Regulations by adding Article 4.1700 ?Entertainment Venue Regulations".
changing the wording to "premises" rather than building Moved by Councilmember Respess, seconded by Councilmember Valentine.

Vote to approve Ordinance #; an amendment to the City of DeSoto Code of Ordinances by amending Chapter 4 “Business Regulations by adding Article 4.1700 “Entertainment Venue Regulations". (Declined)

F. REGULAR AGENDA - PART 2 - New Business

1. Consider authorizing the Mayor to execute a construction contract with All Industrial Services, Inc. and establish a total project budget in the amount of $69,811.40 for the Pleasant Run Well Site Demolition Project.

Click Here to View F.1. Part 2 Management Report

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

Council discussion regarding contingency fees, process for demolition, and safety issues regarding the well. (Editor's Note: DL contingency is usually 10%
CO water and sewer is usually 15% and streets are 10% -- we have a program that sets our contingency costs
DL capping off
CO capping off and dismantling the structures
DL can it be un capped
CO imagine it could
DL is that the only warm spring we have
CO

JB have puzzled for ten years what to do with it
DV what would the land be used for?
JB don’t have any use for it
DV would it be flush?
CO stringent requirements
PL )

Motion to approve and authorize the Mayor to execute the construction contract with All Industrial Services, Inc. and establish a total project budget in the amount of $69,811.40 for the Pleasant Run Well Site Demolition Project. Moved by Councilmember Lockhart, seconded by Councilmember Ledbetter.

Vote to approve and authorize the Mayor to execute the construction contract with All Industrial Services, Inc. and establish a total project budget in the amount of $69,811.40 for the Pleasant Run Well Site Demolition Project. (Approved)

2. Consider authorizing the Mayor to execute a construction contract with JNA Painting & Contracting Company, Inc. and establish a total project budget in the amount of $204,190 for the painting of all exterior walls at Town Center.

Click Here to View F.2. Part 2 Management Report

Ms. Hallmark read the agenda item and introduced Tom Johnson, Managing Director of Development Services, who presented the staff report.

Council discussion regarding scope of project, anticipated life of new paint, setting the Corner Theatre apart, use of funds can only be used for Town Center, and maintenance and care of City property. (Editor's Note: DL when is proposed start date
TJ within the next two to three weeks
SR authorize them to patch -- how old is paint job on the building
TJ original to the building - 17 years
SR anticipated life of new
TJ about the same

PL painting on the corner theatre - will it be different
JZ what is the ratio of funds for repair vs paint
TJ don’t know that answer at this time
JZ concerned about using this much money - could be used to incentivized for a new business
TJ this money can only be used for Town Center
DV would like to set the Corner Theatre apart from the rest of the building
JE if didn’t use the money to paint these buildings, could we use the money to expand the Library or improve the Corner Theatre?
JB could possibly, but would have to look at the specific application
JZ possibly put bathrooms in the Corner Theatre
CS this particular project was part of the long-term vision of Town Center - it was the intent of the Council to fulfill the vision
SR one thing we have done is take care of maintenance in a timely manner )

Motion to authorize the Mayor to execute a construction contract with JNA Painting & Contracting Company, Inc. and establish a total project budget in the amount of $204,190 for the painting of all exterior walls at Town Center. Moved by Councilmember Respess, seconded by Councilmember Ledbetter.

DocumentItem type: Granicus.MeetingDocument.VoteItem DisplayName: Vote to authorize the Mayor to execute a construction contract with JNA Painting & Contracting Company, Inc. and establish a total project budget in the amount of $204,190 for the painting of all exterior walls at Town Center. (Approved) DocumentItemID: 0e21ae77-3842-4a56-b77a-f4ff187cf8b1

3. Consider appointing Councilmembers to Housing Finance Corporation, Industrial Development Authority, and Health Facilities Development Corporation.

Click Here to View F.3. Part 2 Management Report

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

Motion to appoint seated Councilmembers as the Directors to the DeSoto Housing Finance Corporation, DeSoto Health Facilities Development Corporation, and the DeSoto Industrial Development Authority. Moved by Councilmember Lockhart, seconded by Councilmember Edgin.

Vote to appoint seated Councilmembers as the Directors to the DeSoto Housing Finance Corporation, DeSoto Health Facilities Development Corporation, and the DeSoto Industrial Development Authority. (Approved)

G. REGULAR AGENDA - Old Business

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

1. Executive Session: Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.

Council began Executive Session at 9:06 p.m.
Council reconvened in open session at 10:14 p.m.

2. Action resulting from Executive Session regarding Personnel Matter.

No action taken.

Mayor Sherman adjourned the meeting at 10:15 p.m.

Jul 06, 2010 City Council Meeting 2010-07-06

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A. WORK SESSION

Roll Call: 6 members present, 1 members absent, 0 members excused.

Mayor Sherman called the meeting to order at 6 p.m.

1. Review of Master Agenda by City Manager.

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

2. Discussion of Regular Agenda items.

3. Discussion of information developed on mulching programs.

4. Discussion of an Ordinance amending Chapter 1 "General Provisions" of the City of DeSoto Code of Ordinances by amending Article 1.900 "Park Regulations" to Provide for Regulations Governing the Use of Alcoholic Beverages within Park Facilities, Civic Center and Corner Theatre.

B. REGULAR SESSION - CALL TO ORDER

Roll Call: 6 members present, 1 members absent, 0 members excused.

Mayor Sherman called the meeting to order at 7:06 p.m.

1. Invocation by: Marcus King, Johnson Chapel Community Church.

2. Pledge of Allegiance led by Councilmember Denise Valentine.

3. Ambassador: Steven Hall, Police Department.
Steven Hall was born and raised in Dallas. He was educated in the DallasIndependentSchool District. Steven received a degree in Business from StephenF.AustinStateUniversity in Nacogdoches, Texas, in 1989.

Steven began working for the Police Department in 1994.

Steven enjoys keeping up with current events and world news.

C. PRESENTATIONS

1. Presentation from DeSoto Fire Rescue recognizing Kendle Arnold.

Ms. Hallmark read the agenda item and introduced Fire Chief Fred Hart to presented Kendle Arnold with a certificate.

F. REGULAR AGENDA - PART 1 - ELECTION PROTOCOL

1. Qualification and presentation of Certificate of Election to newly elected City Councilmember Place 6 per the Texas Election Code.

Click Here to View F.1. Part 1 Management Report

Ms. Hallmark read the agenda item and provided the background information.

2. Conduct Oath of Office for newly elected City Councilmember Place 6 per the Texas Constitution.

Click Here to View F.2. Part 1 Management Report

Councilmember Place 6 - James Zander

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

3. Consider adoption of City Council Rules of Procedure and Order of Business as prescribed by the DeSoto City Charter.

Click Here to View F.3. Part 1 Management Report

Ms. Hallmark read the agenda item and provided the background information.

Vote to approve the City Council Rules of Procedure and Order of Business as prescribed in the City Charter for the City of DeSoto and Resolution 02-64. (Approved)

4. Consider the selection of a Mayor Pro Tem for a one (1) year term as prescribed by the City Charter

Click Here to View F.4. Part 1 Management Report

Ms. Hallmark read the agenda item and presented the background information.

D. CONSENT AGENDA

1. Approval of City Council Minutes

a. Regular Meeting - 06-15-10

Click Here to View 2010-06-15 City Council Meeting Minutes

b. Special Meeting - N/A

2. Acceptance of Board and Commission Minutes

a. Arts Commission - N/A

b. Building and Standards Commission - N/A

c. Civil Service Commission - N/A

d. DeSoto Economic Development - 05-24-10

Click Here to View 2010-05-24 DEDC Meeting Minutes

e. DeSoto, Texas Historical Foundation - 01-14-10

Click Here to View 2010-01-14 Historical Foundation Meeting Minutes

f. Keep DeSoto Beautiful - N/A

g. Library Advisory Board - N/A

h. Park Development Corporation - N/A

i. Planning and Zoning - N/A

j. Zoning Board of Adjustment - N/A

Ms. Hallmark listed the items submitted for Council's consideration.

Motion to approve the Consent Agenda as presented. Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to approve the Consent Agenda as presented. (Approved)

E. PUBLIC HEARINGS

1. Consider Zoning Case Z-1182-09; an amendment to the City of DeSoto Zoning Ordinance classifying the new use "Entertainment Venue" involving amending Section 36 Use Regulations, Section 38 Parking Regulations, Section 43 Supplemental Regulations and Appendix 3 Definitions; and adopting Ordinance.

Click Here to View E.1. Management Report

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

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

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Councilmember Respess, seconded by Councilmember Lockhart.

Vote to close Public Hearing (Approved)

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

Vote to approve Ordinance #; Zoning Case Z-1182-09; an amendment to the Zoning Ordinance classifying the new use “Entertainment Venue” as denoted. (Approved)

2. Consider an amendment to the City of DeSoto Code of Ordinances by amending Chapter 4 "Business Regulations" by adding Article 4.1700 "Entertainment Venue Regulations"; and adopting Ordinance.

Click Here to View E.2. Management Report

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

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

Vote to open Public Hearing (Approved)

Motion to close Public Hearing Moved by Councilmember Valentine, seconded by Councilmember Lockhart.

Vote to close Public Hearing (Approved)

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

F. REGULAR AGENDA - PART 2 - New Business

1. Consider authorizing the Mayor to execute a construction contract with All Industrial Services, Inc. and establish a total project budget in the amount of $69,811.40 for the Pleasant Run Well Site Demolition Project.

Click Here to View F.1. Part 2 Management Report

2. Consider authorizing the Mayor to execute a construction contract with JNA Painting & Contracting Company, Inc. and establish a total project budget in the amount of $204,190 for the painting of all exterior walls at Town Center.

Click Here to View F.2. Part 2 Management Report

3. Consider appointing Councilmembers to Housing Finance Corporation, Industrial Development Authority, and Health Facilities Development Corporation.

Click Here to View F.3. Part 2 Management Report

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

G. REGULAR AGENDA - Old Business

H. CITIZEN APPEARANCES

Wayne Barnes, 1367 S. Hulgan Circle, DeSoto; spoke on the City’s solicitor’s permit policy. (Editor's Note: )

I. ITEMS OF COMMUNITY INTEREST

K. ADJOURNMENT

Mayor Sherman adjourned the meeting at 8:45 p.m.

J. EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

1. Executive Session: Pursuant to Texas Government Code, Section 551.074 Personnel Matters: Semi-Annual Performance Review of the City Manager.

Council began Executive Session at 9:06 p.m.
Council reconvened in open session at 10:14 p.m.

2. Action resulting from Executive Session regarding Personnel Matter.

No action taken.

Mayor Sherman adjourned the meeting at 10:15 p.m.

Jul 06, 2010 City Council Meeting 2010-07-06

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