[00:00:03]
GOOD EVENING EVERYONE. I'M MAYOR RACHEL PROCTOR. IT IS TUESDAY, OCTOBER FIRST, AND IT IS 6 P.M.
I WANT TO WELCOME EVERYBODY TO THE REGULAR MEETING OF THE DE SOTO CITY COUNCIL. AT THIS TIME, I'M GOING TO ASK MISS THOMAS, OUR CITY SECRETARY, TO OPEN US UP WITH A ROLL CALL, PLEASE.
YES, MA'AM. MAYOR RACHEL PROCTOR HERE, MAYOR PRO TEM LETICIA HUGHES, COUNCIL MEMBER. PARKER HERE. COUNCIL MEMBER NICOLE RAPHAEL HERE. COUNCIL MEMBER ANDRE BYRD HERE. COUNCIL MEMBER.
DYNAMAX HERE. COUNCIL MEMBER. CRYSTAL CHISHOLM HERE. THANK YOU, THANK YOU. AT THIS TIME, MISS THOMAS WILL HAVE THE FIRST ITEM ON THE AGENDA. FIRST, WE HAVE OUR INVOCATION BY MINISTER SHAWNEE DEBO YOUNG WITH MONA'S HEART OUTREACH MINISTRY, FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY STUDENT AMBASSADOR ALLEN RIOS WITH GOLDEN RULE CHARTER SCHOOL. DE SOTO, IF EVERYONE CAN PLEASE STAND. AND THANK YOU. COUNCIL MEMBER BURKE. GOOD AFTERNOON, COUNCIL AND MAYOR. SHALL WE GO TO THE LORD IN PRAYER? GOD OUR FATHER, WE ARE SO GRATEFUL FOR THIS DAY THAT YOU HAVE ALLOWED US TO COME. GOD, JUST A FEW OF YOUR SERVANTS THAT HAVE GATHERED TOGETHER TONIGHT TO DO THE WORK OF THE CITY. WE PRAY, GOD, THAT YOU WOULD GIVE US ONENESS IN OUR SPIRIT, ONENESS IN OUR MIND. WE THANK YOU FOR THE LEADERSHIP OF THESE VOLUNTEERS. GOD, WHO HAVE STEPPED AWAY FROM THEIR FAMILIES, FROM THEIR BUSINESSES, FROM THEIR LOVED ONES, IN ORDER TO TAKE CARE OF YOUR CITY. WE PRAY GOD, WHILE THEY DO YOUR BUSINESS HERE, THAT YOU WILL PROTECT THEIR HOMES, YOU WILL PROTECT THEIR CHILDREN, AND YOU WILL PROTECT THEIR INTEREST. WE ASK NOW GOD, FOR ONENESS IN OUR CITY. WE ASK FOR HEALING OF OUR CITY. WE ASK FOR PROGRESS OF OUR CITY AND MASTER. WE WE PRAY THAT WE WILL BE THAT SHINING CITY THAT SITS UPON A HILL THAT CANNOT BE HIDDEN, THAT THE DARKNESS WILL NOT OVERTAKE US. GOD THAT THROUGH ALL OF THE TRIALS AND TRIBULATIONS THAT WE WILL SEE THE LIGHT. WE PRAY FOR THOSE WHO ARE DESIGNATED TO MAKE DECISIONS. WE PRAY THAT YOU WOULD GIVE THEM BOLDNESS. WE ASK THESE AND OTHER BLESSINGS IN JESUS THE CHRIST NAME, AMEN. PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE, FOLLOWED BY THE TEXAS PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, WITH LIBERTY AND LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE. TEXAS ONE STATE UNDER GOD, ONE INDIVISIBLE. THANK YOU, COUNCILMEMBER, FOR LEADING US IN OUR INVOCATION TONIGHT. AND WE WANT TO WELCOME OUR STUDENT AMBASSADOR FOR THIS EVENING, MR. ALAN RIOS. HE IS A FIFTH GRADER AT GOLDEN RULE SCHOOL. DE SOTO, LET'S GIVE HIM A GREAT BIG HAND CLAP FOR DOING SUCH A WONDERFUL JOB. I'M GOING TO READ JUST A LITTLE BIT ABOUT MR. RIOS, ALAN EXEMPLIFIES THE QUALITIES OF AN IDEAL STUDENT THROUGH HIS REMARKABLE ACHIEVEMENTS AND COMMENDABLE CHARACTER AS ONE OF OUR HOUSE PROGRAM PRESIDENTS, HE CONSISTENTLY DISPLAYS EXCEPTIONAL LEADERSHIP AND A STRONG COMMITMENT TO FOSTERING A PRODUCTIVE SCHOOL ENVIRONMENT. HIS DEDICATION EXTENDS TO ATHLETICS, WHERE HE PARTICIPATES ACTIVELY, DEMONSTRATING HIS ABILITY TO BALANCE BOTH ACADEMICS AND EXTRACURRICULARS. ALAN'S PERFECT ATTENDANCE, ACKNOWLEDGED BY THE SCHOOL, HIGHLIGHTS HIS DEDICATION TO HIS EDUCATION AND RESPONSIBILITIES ACADEMICALLY. HE CONSISTENTLY EXCELS, MAINTAINING HIGH GRADES ACROSS ALL SUBJECTS, WHICH REFLECTS BOTH HIS INTELLECTUAL CAPABILITY AND STRONG WORK ETHIC. MOST IMPORTANTLY, ALAN'S RESPECTFUL AND POSITIVE ATTITUDE TOWARDS PEERS, TEACHERS AND STAFF MAKE HIM A TRUE ROLE MODEL FOR THE ENTIRE STUDENT BODY.
LET'S GIVE IT UP ONE MORE TIME FOR MR. ALAN RIOS FROM GOLDEN RULE SCHOOL, DESOTO. MR. RIOS, WOULD YOU LIKE TO HAVE ANY COMMENTS ON BEHALF OF THE STUDENT BODY AT GOLDEN RULE DESOTO? I JUST WANT TO SAY, THANK YOU FOR THIS DAY SO I COULD BE HERE, YEAH, I CAN I CAN BE HERE. THAT EVERYONE CAN BE HERE. AND THAT'S REALLY WHAT I GOT TO SAY. GREAT JOB. THANK YOU. WELL, STAY RIGHT THERE. I'M GOING TO COME DOWN AND WE CAN TAKE A PICTURE. AND I BELIEVE WE HAVE SOME GOODIES FOR HIM, THANK YOU, MISS BELL. YOU'LL TAKE A PICTURE WITH.
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AGAIN, MR. RIOS IS OUR STUDENT AMBASSADOR FOR TONIGHT. SO IF YOU WOULD LIKE TO HAVE ANYTHING TO SAY ON ANY OF OUR REGULAR AGENDA ITEMS OR OUR PUBLIC HEARINGS, YOU MAY DO SO, BUT YOU MUST FIRST FILL OUT A CARD. HE WILL ASSIST YOU AT OUR TABLE OVER THERE WHERE YOU SEE MISS BELL IN THE MUSTARD COLORED SHIRT, AND THEY WILL HELP YOU GET A CARD FILLED OUT TO SPEAK ON ANY OF THOSE AGENDA ITEMS. IT'S MOM AND DAD HERE. ANY REPRESENTATIVES FROM THE SCHOOL? YES. YES. OKAY. THANK YOU. PLEASE STAND SO WE CAN ACKNOWLEDGE YOU. THANK YOU FOR BEING HERE. GREAT. THANK YOU. AT THIS TIME, MISS THOMAS WILL HAVE THE NEXT ITEM ON THE AGENDA.[B. ITEMS OF COMMUNITY INTEREST]
NEXT, WE MOVE INTO OUR ITEMS OF COMMUNITY INTEREST PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.0415, THE CITY COUNCIL MAY REPORT ON THE FOLLOWING ITEMS. EXPRESSION OF THANKS, CONGRATULATIONS OR CONDOLENCES. INFORMATION ABOUT HOLIDAY SCHEDULES. RECOGNITION OF INDIVIDUALS. REMINDERS ABOUT UPCOMING CITY COUNCIL EVENTS. INFORMATION ABOUT COMMUNITY EVENTS, AND ANNOUNCEMENTS INVOLVING IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY, AS WELL AS ANY LIAISON UPDATES AND MAYOR, IF I MAY. THE DEADLINE TO REGISTER TO VOTE IN THE NOVEMBER 5TH ELECTION IS MONDAY, OCTOBER SEVENTH. VOTER REGISTRATION CARDS ARE AVAILABLE FOR PICKUP AT OUR SENIOR CENTER, LIBRARY, PARKS AND RECREATION CENTER, ACTION CENTER, OR IN THE CITY SECRETARY'S OFFICE. ALL REGISTRATION CARDS MUST BE MAILED OR DELIVERED TO DALLAS COUNTY ELECTIONS DEPARTMENT AT 1520 ROUND TABLE DRIVE, DALLAS, TEXAS. 75247 BY 7 P.M. IF YOU ARE UNSURE OF YOUR VOTER STATUS, YOU CAN VISIT VOTE TEXAS DOT GOV. EARLY VOTING WILL RUN FROM OCTOBER 21ST THROUGH NOVEMBER 1ST. ALL EARLY VOTING AND ELECTION DAY POLLING LOCATIONS.TIMES ARE AVAILABLE ONLINE AT. DALLAS COUNTY VOTES.ORG. FOR ADDITIONAL INFORMATION REGARDING THE NOVEMBER 5TH ELECTION, PLEASE CONTACT DALLAS COUNTY ELECTIONS DEPARTMENT AT (469) 627-8683. THANK YOU. THANK YOU. AT THIS TIME, COUNCIL, IF THERE ARE ANY ITEMS OF COMMUNITY INTEREST. YES, MAYOR. PRO TEM. THANK YOU, MADAM MAYOR. THIS SATURDAY, OCTOBER 5TH, IS OUR ANNUAL KEEP DESOTO BEAUTIFUL TRASH PICKUP DAY FROM 9 A.M. TO 12 P.M. WE HAVE FOUR LOCATIONS.
731 WEST BELTLINE ROAD, 1510 NORTH HAMPTON ROAD, 901 NORTH POLK STREET AND 108 PARKERVILLE ROAD. SO WE WOULD LOVE TO SEE EVERYONE OUT THERE TO HELP US CLEAN UP THE CITY. THE NEXT ANNOUNCEMENT I HAVE IS FOR ITS DESOTO ISD WEEK AT OUR PARKS AND RECREATION, WHICH IS OCTOBER 6TH THROUGH THE 12TH, SUNDAY THROUGH SATURDAY. START TRAINING WITH US. PREVIEW OUR BEST CLASSES FOR FREE. MORE DETAILS COMING SOON. AND THEN LAST BUT NOT LEAST, PARKS AND REC HAS A SPECIAL OFFER OF $75 FOR ONE YEAR. DESOTO ISD CORPORATE MEMBERSHIP OFFER AND IT IS A FACILITY. YOU GET THE FACILITY AMENITIES. STATE OF THE ART WEIGHT ROOM, PELOTON BIKES, COMPETITION GRADE GYMNASTICS, GYMNASIUMS, LOCKERS, AND SHOWERS. INDOOR TRACK. RACQUETBALL COURT. EMBRACE THE GRIND. WE ENCOURAGE ALL DESOTO ISD TO JOIN. AND LAST BUT NOT LEAST, WE WANT TO RECOGNIZE OCTOBER AS A VERY SPECIAL MONTH. WE. NOT ONLY IS IT SALUTE A NATIONAL PRINCIPAL, IT'S NATIONAL PRINCIPALS MONTH. SO PLEASE, LET'S REMEMBER TO SALUTE OUR PRINCIPALS, IT IS BREAST CANCER AWARENESS MONTH. LET'S PAY HOMAGE TO THOSE WHO HAVE DEALT WITH CANCER AND COULD STILL BE AND HAVE LOST LOVED ONES TO CANCER. AND LAST BUT NOT LEAST, LET US RECOGNIZE AND PRAY FOR THOSE WHO ARE DEALING WITH DOMESTIC VIOLENCE BECAUSE IT IS ALSO DOMESTIC VIOLENCE AWARENESS MONTH. THANK YOU, MADAM MAYOR. THANK YOU, DOCTOR MARKS. THANK YOU, MADAM MAYOR. FOR THE SAKE OF TIME, I'M GOING TO YIELD MY TIME. THANK YOU. COUNCIL MEMBER RAFAEL. SURE THING. THANK YOU, MADAM MAYOR. I JUST WANT TO REMIND EVERYONE THAT ON SATURDA, THE DESOTO ARTIST LAB SHOWCASE FESTIVAL WILL BE HELD RIGHT HERE AT TOWN CENTER. SOME OF THE THINGS THAT WILL BE HIGHLIGHTED WILL BE ART EXHIBITIONS, LIVE PERFORMANCES, ARTIST TALKS, GREAT WAY FOR FAMILIES TO BRING THEIR YOUNG PEOPLE TO TALK TO. SOME OF THESE ARTISTS WORKSHOPS. THERE WILL BE AN ART MARKET, FOOD AND DRINKS. THERE WILL BE FREE FACE PAINTING, BALLOON ARTISTS AND CARICATURE ARTISTS.
AND SO WE LOOK FORWARD TO SEEING YOU ON SATURDAY BETWEEN THE HOURS OF TWO AND EIGHT, THERE IS A BEAUTIFUL ITINERARY. SO THE DESOTO, OUR STAFF, AS WELL AS THE DESOTO CULTURAL ARTS FOUNDATION, HAS WORKED REALLY HARD IN PULLING THIS TOGETHER TO SHOWCASE WHAT HAS BEEN DONE AND
[00:10:02]
THE POSSIBILITIES HERE IN DESOTO. SO WE'RE REALLY EXCITED ABOUT IT. AND FOR THOSE OF YOU WHO LIVE IN PLACE THREE, WHICH PLACE THREE IS BORDERED BY I-35? POLK, NOT POLK, BUT. OH PARKS.I-35, THE MEADOWS PARKWAY. NO, NO, NO, I AM SO SORRY. I'M GETTING MY BOUNDARIES MIXED UP.
SO IF YOU LIVE IN THE QUADRANT WHERE IT IS, THE MEADOWS PARKWAY, POLK PARK LANE AS WELL AT PARKS AS WELL AS PARKERVILLE ROAD AND I-35, YOU MAY HAVE NOTICED A LOT OF FLAGS, A LOT OF MARKINGS ON THE GROUND. AND YOU'VE ALSO NOTICED AT&T IN THE AREA. THEY ARE LAYING FIBER FINALLY, IN OUR AREA. SO I JUST WANT TO MAKE THAT ANNOUNCEMENT FOR ANYBODY WHO THOUGHT THEY HAD FIBER WAS LOOKING FORWARD TO AN OPTION. AND SO THAT'S WHAT'S HAPPENING. I'VE BEEN GETTING QUESTIONS ABOUT WHAT'S GOING ON IN OUR AREA, AND THAT'S WHAT'S GOING ON IN PLACE THREE. THANK YOU, MADAM MAYOR. THANK YOU, COUNCILMEMBER RAFAEL. YES, COUNCILMAN BURKE. THANK YOU, MADAM MAYOR. I WANT TO GIVE A THANK YOU. A BIG THANK YOU TO OUR ECONOMIC DEVELOPMENT TEAM AND TO OUR CITY MANAGER FOR AN EXTREMELY SUCCESSFUL ECONOMIC DEVELOPMENT. TOWN HALL CENTER, TOWN HALL MEETING. THERE WAS ABOUT 55 PARTICIPANTS THAT SHOWED UP. WE LEARNED A LOT. AND ACTUALLY, FROM THAT MEETING, WE GOT A LEAD ON SOME EXTRA BUSINESS FOR OUR CITY. WE HAVE A CONTRACT WITH WISEMAN, AND WE WERE VERY, VERY, VERY FORTUNATE FOR THAT. OUR ECONOMIC DEVELOPMENT TEAM DID AN INCREDIBLE JOB. I BELIEVE THAT THAT TOWN HALL MEETING WILL BE BROADCAST SO THAT YOU CAN UNDERSTAND AND KNOW WHERE THE CITY'S BEEN, WHERE WE ARE AND WHERE WE'RE HEADED. SO IF ANYONE'S INTERESTED IN GETTING THOSE THAT INFORMATION, WE SEE DEVELOPMENT HAPPENING ALL AROUND US AND WE ASK THE SIMPLE QUESTION, WHERE IS DESOTO? AND SO THAT TOWN HALL MEETING WAS SET UP TO ANSWER THOSE QUESTIONS FOR YOU. AND SO THANK YOU.
AGAIN, ECONOMIC DEVELOPMENT TEAM AND MISTER GODFREY, THANK YOU ALL FOR YOUR LEADERSHIP. AND THANK THANK YOU TO ALL OF THE CITIZENS WHO WHO SHOWED UP. WE APPRECIATE IT. THANK YOU.
COUNCIL MEMBER. COUNCIL MEMBER. CHISHOLM. THANK YOU, THE VETERAN AFFAIRS COMMITTEE AND MYSELF WILL BE HOSTING OUR FOURTH ANNUAL VETERANS BREAKFAST. THAT IS NOVEMBER THE 9TH. FROM 8 A.M.
TO 10 A.M, YOU WILL BE ABLE TO REGISTER ON THE VETERANS AFFAIRS COMMITTEE PAGE. OR YOU CAN EMAIL ME AT MY CITY EMAIL ADDRESS IS C CHISHOLM AT DESOTO, TEXAS DOT GOV. THANK YOU. THANK YOU, COUNCILOR. THERE ANY ADDITIONAL COMMENTS BEFORE WE MOVE TO THE NEXT ITEM ON OUR AGENDA? HEARING
[C. CITIZEN APPEARANCES]
NONE, MISS THOMAS WILL HAVE THE NEXT ITEM ON THE AGENDA. NEXT WE MOVE INTO OUR CITIZEN APPEARANCES. THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN COMMENT CARD AND PRESENT IT TO THE CITY SECRETARY, OR RETURN TO THE AMBASSADORS TABLE PRIOR TO THE MEETING. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL CANNOT TAKE ACTION ON ITEMS NOT LISTED ON THE AGENDA. HOWEVER, YOUR CONCERNS MAY BE ADDRESSED BY CITY STAFF PLACED ON A FUTURE AGENDA OR RESPONDED TO BY SOME OTHER COURSE. ATTENDEES MAY SPEAK ON ANY ITEM LISTED ON THE AGENDA DURING THAT PORTION OF THE AGENDA. HOWEVER, FOR TOPICS NOT SCHEDULED, ATTENDEES WILL SPEAK DURING CITIZEN APPEARANCES. THE STANDARD TIME LIMIT IS THREE MINUTES PER SPEAKER AND MAY BE MODIFIED AT THE MAYOR'S DISCRETION TO MAINTAIN AN EFFICIENT FLOW OF THE MEETING. COMMENT CARDS RELATED TO SPECIFIC AGENDA ITEMS ARE DUE PRIOR TO THE INTRODUCTION OF AN AGENDA ITEM. HOWEVER, COMMENT CARDS RELATED TO THE CITIZEN APPEARANCES PORTION OF THE AGENDA MUST BE SUBMITTED TO THE AMBASSADORS TABLE PRIOR TO THE START OF THE MEETING. AND MAYOR FIRST, I HAVE MARY BONAPARTE. GOOD EVENING, MISS BONAPARTE.PLEASE STATE YOUR NAME, YOUR CITY OF RESIDENCE, FOR THE RECORD. AND YOU HAVE THREE MINUTES TO SPEAK. AND GOOD EVENING, MARY BONAPARTE. CITY OF DESOTO. 34 YEARS. I AM OFFICIALLY RIGHT NOW, PLEASING EVERYONE NOT TO INCLUDE THE ATTORNEY AND CITY MANAGER ON NOTICE. THE STATE OF TEXAS OPEN MEETING ACT ENCOURAGES CITIZENS TO ENGAGE WITH GOVERNMENTAL ENTITIES TO INCLUDE MUNICIPALITIES SPECIFICALLY, TEXAS GOVERNMENT CODE 552 REQUIRES A GOVERNMENTAL BODY, INCLUDING CITY COUNCIL AND MOST BOARDS AND COMMISSIONS, TO COMPLY. THIS MAYOR AND COUNCIL HAVE ALLOWED MANY MEETINGS TO NOT BE REPORTED AND RECORDED AS REQUIRED BY THE STATE OF TEXAS, THUS VIOLATING THE TEXAS OPEN MEETINGS ACT. YOU ALL HAVE BEEN AWARE BECAUSE I'VE SIT HERE IN MEETINGS AND IT WAS DISCUSSED. THE CITY SECRETARY HAS NOT
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PROPERLY KEPT MINUTE MEETINGS. IN ADDITION, I SUBMITTED AN OPEN RECORDS REQUEST THAT SUBSEQUENTLY VIOLATED THE OPEN RECORDS ACT. I SUBMITTED IT ON FRIDAY THE 13TH. I RECEIVED IT ON THE 27TH. AND WHAT I RECEIVED WAS NOT WHAT I ASKED FOR YET. IT WAS. IT WAS CONFLICTING. IT STATED THAT THE INFORMATION WAS ON THE WEBSITE AND IT WASN'T. AND I'M OFFENDED IF YOUR CHILD CAME HOME WITH FAILING GRADES, IT WOULD BE UNACCEPTABLE AS A TAXPAYER. I AM ASKING THAT YOU HOLD STAFF ACCOUNTABLE AND ENSURE THAT OUR TAX MONEY IS BEING PROPERLY SPENT AND WHEN I SAY SPENT ON STAFF, THAT'S GOING TO DILIGENTLY DO THE JOB. THANK YOU. THANK YOU, MISS BONAPARTE.KEISHA NIXON. GOOD EVENING, MISS NIXON. PLEASE STATE YOUR NAME, YOUR CITY OF RESIDENCE. FOR THE RECORD, YOU HAVE THREE MINUTES TO SPEAK. KEISHA NIXON, DESOTO, TEXAS.
FIRST AND FOREMOST, I'D LIKE TO THANK EVERYONE THAT PRAYED AND ASSISTED WITH MY FAMILY WHEN MY SON WAS MISSING THE LAST OF AUGUST. THANK YOU SO MUCH FOR YOUR PRAYERS, AT THAT TIME, WE WERE INSTRUCTED BY OUTSIDE LAW ENFORCEMENT TO ENSURE THAT OMAR, MY SON, WAS CLASSIFIED IN THE SYSTEM DUE TO HIS END STAGE RENAL DISEASE AND CONDITIONS OF HAVING TO BE DIALYZED THREE TIMES A WEEK. WE WERE ADVISED OF HOW LA'S LAW ENFORCEMENT AGENCIES HANDLE THE DIFFERENT CLASSIFICATIONS WE STRESS THAT HE BE LISTED AS SUCH THE VERY FIRST DAY. AS SOON AS WE REPORTED HIM MISSING HIS MEDICAL CONDITIONS WERE DISCLOSED. WE WERE NEVER ASKED FOR ANY PAPERWORK AT THAT TIME. WE WERE TOLD BY CHIEF JOSEPH COSTA AND DETECTIVE ARCHIBALD THAT HE WAS INDEED LISTED AS CRITICALLY MISSING. I HAVE DETECTIVE ARCHIBALD ON MY SECURITY CAMERAS CONFIRMING THAT HE WAS LISTED AS SUCH. WHEN COSTA CALLED THE SEARCH FOR MY SON OFF AT 830 THE SAME DAY, AFTER WE HAD WORDS, I KNEW THEN THAT I HAD BEEN LIED TO. THE NEXT DAY AT 9 A.M, CHRIS HUERTA CALLED ME AND ASKED TO ASK FOR ME TO PROVIDE PAPERWORK ABOUT OMAR'S CONDITION. ALREADY KNOWING THE ANSWER, I ASKED HIM WHY AND HE STATED THAT THEY NEEDED THAT TO UPDATE THE LISTING, BUT I WAS ALREADY TOLD THAT HE WAS LISTED AS CRITICALLY MISSING, WE WERE NEVER ASKED FOR PAPERWORK UNTIL THE VERY NEXT DAY. I WAS ASKED OVER THE PHONE AND MY HUSBAND WAS ASKED IN PERSON. WHEN HE CAME INTO THE STATION. THAT SHOULD HAVE BEEN OBTAINED AT THE INITIAL REPORTING. WE HAVE CONCRETE PROOF THAT BOTH THE CHIEF AND LEAD DETECTIVE LIED TO MY FAMILY, AND NOW THE CITY MANAGER IS TRYING TO COVER THEM AND HIMSELF BY SAYING THAT MY FAMILY WAS NOT COOPERATIVE. THAT IS A LIE. COSTA AND THE CITY MANAGER CONFIRMED BY EMAIL THAT HE WAS LISTED AS CRITICALLY MISSING. THEY LIED WHEN THEY WERE. WHEN THEY ASKED COSTA AND ARCHIBALD.
EVERY TIME WHEN WE WHEN WE ASKED COSTA AND ARCHIBALD WHETHER HE WAS LISTED AS CRITICALLY MISSING, THEY LIED AND TOLD ME THAT HE WAS THE DESOTO POLICE DEPARTMENT, LIED TO ME AND FAILED TO PROPERLY CLASSIFY MY SON AN ACCURATE, ACCURATE CLASSIFICATION WOULD HAVE WARRANTED A 24 OVER SEVEN SEARCH. WHEN MY SON WAS FOUND, HE WAS EXTREMELY ILL AND DISORIENTED BY THE SUN, DEHYDRATED, ETC. SEVERAL PEOPLE ASKED FOR THE CREEK BEHIND MY HOUSE, TEN MILE CREEK, TO BE SEARCHED. WE WERE TOLD BY THE POLICE DEPARTMENT THAT THEY SENT A DRONE OVER IT, INSUFFICIENT AND NEGLIGENT. ANY ATTEMPT TO SAY THAT I WAS NOT COOPERATIVE IS A LIE. THERE ARE SEVERAL WITNESSES. THE CITY MANAGER'S NONCHALANT, DISRESPECTFUL ATTITUDE IS INCLUSIVE OF HIM SAYING IT'S ONLY A PLAY OF WORDS. A MISSING PERSON IS A MISSING PERSON. THE CHIEF DID HIS JOB. IT'S UP TO HIM TO FOR THE CHIEF TO TAKE ARCHIBALD OFF THE CASE. THE TONE AND STANCE FROM THE CITY MANAGER IS UNACCEPTABLE. COSTA NEEDS TO BE FIRED AND THE CITY MANAGER HAS PROVEN IN LESS THAN THREE MONTHS THAT HE IS NOT HONEST AND MORE CONCERNED WITH THE STATUS QUO. THANK YOU, MISS NIXON. JENNIFER KNIGHTON.
GOOD EVENING, MISS KNIGHTON. PLEASE STATE YOUR NAME AND YOUR CITY OF RESIDENCE FOR THE RECORD. AND YOU HAVE THREE MINUTES. IS JENNIFER KNIGHTON AND I'M FROM KATY, TEXAS. I THINK MOST OF YOU ARE FAMILIAR WITH ME, I COME HERE WITH A. I DON'T KNOW ANY OTHER WORD THAN
[00:20:04]
DISGUST, I'VE WATCHED FOR MONTHS PEOPLE COME UP HERE AND SPEAK WITH YOU GUYS ABOUT ISSUES THAT ARE GOING ON. AND THERE'S BEEN NO ACTION, MINIMAL TO NO ACTION TAKEN. THERE'S ALSO AN ISSUE WHICH HAS NOT BEEN ADDRESSED, REGARDING THE ELECTIONS WHERE THE MAYOR TOOK IT UPON HERSELF TO JUST GO AHEAD AND BECAUSE OF MAYOR PRO TEM AND THE MAYOR WERE NOT HAPPY WITH THE RESULTS, YOU TOOK IT UPON YOURSELF TO JUST GO AHEAD AND REVOTE. YOU DIDN'T FOLLOW THE PROCEDURES. AND IT'S MY UNDERSTANDING THAT THE REASON IS BECAUSE, MONTHS AGO, I HAD WRITTEN AN ARTICLE ABOUT MISS HUGHES DAUGHTER AND MISS MARKS WAS BLAMED FOR IT. SO FOR THE RECORD, I DON'T KNOW, MISS MARK.I'VE NEVER MET THIS WOMAN. AND YOU ALL SHOULD BE ASHAMED OF YOURSELVES BECAUSE NOT ONE OF YOU DID ANYTHING OTHER THAN SIT IN YOUR CHAIRS AND HAVE DONE NOTHING TO SUPPORT HER OR TO DO WHAT'S RIGHT. AND YOU ALL ARE A DISGRACE TO YOUR CITY. THANK YOU. ARTHUR ANDERSEN.
GOOD EVENING, MISS ANDERSEN. PLEASE STATE YOUR NAME, YOUR CITY OF RESIDENCE. FOR THE RECORD, YOU HAVE THREE MINUTES TO SPEAK. ARTHUR ANDERSEN, DESOTO, TEXAS. I HAVE APPEARED HERE A NUMBER OF TIMES WITH QUESTIONS THAT HAVE GONE UNANSWERED AND CONCERNS THAT HAVE BEEN IGNORED. APRIL 16TH. MAY SEVENTH, AUGUST 20TH, AND TODAY, AUGUST. I'M SORRY.
OCTOBER 1ST. UNFORTUNATELY, I'M ONE OF MANY WHO SHARED THAT EXPERIENCE. ON AUGUST SEVENTH, I SUBMITTED A LIST OF COMMITMENTS COMPILED BY A NUMBER OF CONCERNED COMMUNITY MEMBERS, AND I REQUESTED A RESPONSE. BY AUGUST 16TH AS TO WHEN THE CITY WOULD BE WILLING TO MAKE THOSE COMMITMENTS. THAT MESSAGE HAS RECEIVED NO RESPONSE TO DATE FROM THE MAYOR, THE CITY COUNCIL, OR THE CITY MANAGER. AS A RESULT, A SERIES OF PROTESTS HAS BEGUN AND WILL CONTINUE, AND IT WOULD BE MUCH APPRECIATED IF YOU, SIR, WOULD ASK THE POLICE CHIEF TO STOP SURVEILLING, SURROUNDING AND HARASSING PEACEFUL PROTESTERS. I WANT TO ADDRESS THE URGENCY OF MAKING THESE COMMITMENTS THAT WERE SUBMITTED, PARTICULARLY AS WE'VE SEEN ROBERT'S RULES OF ORDER SELECTIVELY IMPLEMENTED CITIZEN CONCERNS AND QUESTIONS SELECTIVELY IGNORED. AND ONE MONTH AGO, ANOTHER PERSON WAS KILLED BY DESOTO POLICE. THE CITY, THE CITIZENS POLICE ADVISORY COMMITTEE IS USELESS. SEVERAL OF THE PEOPLE WHO INITIALLY SUPPORTED THE COMMITTEE AGREE THAT IT DOES NOT SERVE THE CURRENT AND FORESEEABLE NEEDS OF THE CITY OF DESOTO. THE CITIZENS OF DESOTO NEED AN OFFICE OF COMMUNITY POLICE OVERSIGHT LED BY A POLICE MONITOR. THE BOARD OF THAT OFFICE NEEDS TO HAVE INDEPENDENT INVESTIGATIVE AUTHORITY. THE CPAC, ACCORDING TO ITS LIAISON CRYSTAL CHISHOLM, HAS NO INTEREST IN ANY INVESTIGATIVE ROLE AND BASED ON THE LACK OF TRANSPARENCY IN THE CURRENT 402 PAGES OF POLICE DEPARTMENT DIRECTIVES, WHICH I HAVE PREVIOUSLY ADDRESSED, THE CPAC DOES NOT HAVE AN INTEREST IN ENSURING TRANSPARENCY EITHER. AT LEAST TWO PEOPLE HAVE BEEN KILLED BY DESOTO POLICE SINCE MARCH OF 2023, AND THE COMMUNITY HAS NOT BEEN INFORMED OF THE NAMES OF THOSE OFFICERS. THAT IS CONCERNING ENOUGH BECAUSE IT COULD BE CONCERNING. IT COULD BE THE SAME OFFICER AND THAT WOULD BE EVEN MORE CONCERNING. BOTH OF THOSE KILLINGS HAVE APPEARED TO HAVE A MENTAL HEALTH COMPONENT, AND THE DESOTO POLICE WERE UNABLE TO SAFELY DE-ESCALATE THOSE SITUATIONS WITHOUT KILLING ANYONE. WITH ALL THESE VARIOUS ISSUES, WE, THE PEOPLE OF DESOTO, DESERVE BETTER TRANSPARENCY, INTEGRITY AND ACCOUNTABILITY. NOTHING IN THE LIST OF COMMITMENTS MAKES THE CITY WORSE. WHEN YOU REFUSE TO PUT SYSTEMS IN PLACE THAT MOVE THE ENTIRE CITY FORWARD, IT DIRECTLY COMMUNICATES THAT YOU PERSONALLY BENEFIT FROM THE STATUS QUO. WHOSE INTERESTS ARE YOU SERVING? HOW LONG WILL IT TAKE FOR YOU TO MAKE THOSE COMMITMENTS? ULTIMATELY, THE STATUS QUO IS NOT AN OPTION. WE WILL CONTINUE PROTESTING AND DETAILS WILL BE ON THE WEBSITE.
BETTER TOGETHER CAMPAIGN.COM. LET'S MAKE DESOTO BETTER TOGETHER. I APPRECIATE YOU ALL.
HAVE A GOOD EVENING. THANK YOU, MR. ANDERSON. MISS THOMAS. THANK YOU. AT THIS TIME, WE'LL HAVE THE NEXT ITEM ON THE AGENDA. MAYOR, PLEASE NOTE THERE WERE ADDITIONAL CARDS RECEIVED AFTER THE CUT OFF TIME, WHICH IS THE START OF THE MEETING FOR THIS PORTION OF THE AGENDA. HOWEVER,
[D. CONSENT AGENDA Items are listed on the Consent Agenda by the City Manager and are recommended to the City Council for single vote approval. An item( s) may be removed from the Consent Agenda for separate vote at the request of a Councilmember, the Mayor, or the City Manager. ]
THEY WILL BE FILED ON RECORD. SO NOW WE MOVE INTO OUR CONSENT AGENDA. ITEMS ARE LISTED ON THE CONSENT AGENDA BY THE CITY MANAGER AND ARE RECOMMENDED TO THE CITY COUNCIL FOR SINGLE VOTE APPROVAL. AN ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE VOTE AT THE REQUEST OF A COUNCIL MEMBER, THE MAYOR, OR THE CITY MANAGER. FIRST, WE HAVE APPROVAL OF SPECIAL CITY COUNCIL MEETING MINUTES JULY 15TH, 2020 FOR CONFIRMATION OF APPOINTMENT OF SHALONDA WEAVER TO KEEP DESOTO BEAUTIFUL. BOARD PLACE FOR REAPPOINTMENT OF LASHONDA BARNETT TO THE BUILDING AND STANDARDS COMMISSION AND ZONING BOARD OF ADJUSTMENTS, AS WELL AS REAPPOINTMENT OF JESSICA LINEN[00:25:03]
TO THE LIBRARY BOARD, AS WELL AS CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN 18 MONTH LEASE AGREEMENT WITH BOX MODULAR FOR TEMPORARY OFFICE TRAILER FOR THE WESTMORELAND PUMP STATION AND A NOT TO EXCEED AMOUNT OF $61,119 UTILIZING TIPS CONTRACT NUMBER 24020201.CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CHANGE ORDER NUMBER ONE IN THE AMOUNT OF $264,670, WITH MANHATTAN CONSTRUCTION ACCEPTING BID ALTERNATE NUMBER THREE FOR THE 12 INCH WATER LINE EXTENSION FOR THE AQUATIC AND RECREATION CENTER AT MCALLEN PARK, CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH ICE STARS, LLC IN THE AMOUNT OF $129,980 FOR THE RENTAL AND OPERATION OF THE HOLLIDAY, INC. RINK. CONSIDER A RESOLUTION APPROVING THE FISCAL YEAR 25 INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ONE YEAR CONTRACT WITH PALADIN IN THE AMOUNT OF $49,000 FOR THE PURCHASE, AND IMPLEMENTATION OF A DRONE. FIRST RESPONDER PROGRAM. CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIVE YEAR CONTRACT WITH AXON ENTERPRISE, INC. TO UPGRADE AND MAINTAIN 90 BODY WORN CAMERAS AND UPGRADE 90 TASERS FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $1,549,914.47.
CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE CONTRACT FOR 49 COMPUTERS FROM DELL, INC. FOR A TOTAL COST OF $103,297.95. CONSIDER APPROVAL OF THE ANNUAL CONTRACT WITH VERIZON WIRELESS IN THE AMOUNT OF $175,000 FOR CELLULAR AND DATA SERVICES, CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EASEMENT AGREEMENT AGREEMENT WITH ATMOS ENERGY CORPORATION FOR THE EXTENSION OF NATURAL GAS SERVICES TO THE AQUATICS AND RECREATION CENTER AT MCALLEN PARK, AND CONSIDER AUTHORIZING THE CITY MANAGER TO NEGOTIATE, NEGOTIATE, AND EXECUTE FIELD MODIFICATION NUMBER NINE IN THE AMOUNT OF $142,131 TO THE PREVIOUSLY EXECUTED CONSTRUCTION CONTRACT WITH RELIABLE PAVING, INC. FOR THE 2021 STREET RECONSTRUCTION PROJECT. COUNCIL. OTHER QUESTIONS, COMMENTS OR A MOTION? YES. COUNCIL MEMBER RAPHAEL. THANK YOU, MADAM MAYOR. I HAD A QUESTION ON E5. WOULD YOU LIKE IT PULLED OR YOU JUST HAVE A CLARIFYING QUESTION? CLARIFYING QUESTION? OKAY JUST WANT TO MAKE CERTAIN I WANT TO UNDERSTAND E5. JUST LOOKING AT, I'M SORRY. LET ME GIVE THE NAME OF THIS. ONE PRESENTATION. SURE.
PRESENTATION. YEAH. OKAY. SURE. I'LL PULL E5. HOW ABOUT THAT ONE? NO, I ACTUALLY WASN'T. BUT IF THERE'S A PRESENTATION. SURE. OKAY. THAT'S ALL I HEARD. I'M SORRY. I DIDN'T HEAR ALL THE WORDS. SURE THING. OKAY. I JUST WANTED TO UNDERSTAND THIS PARTICULAR AD ALTERNATE, AND IT.
YOU KNOW, JUST GIVEN THE DESCRIPTION THAT THEY PUT ON THE ACTUAL WORK ORDER ITSELF AND MITIGATING POSSIBLE DELAYS AND EXPEDITE THE APPROVAL OF THE DIRECT COST OF THE WORK AND SUCH. AND SO I JUST WANTED TO UNDERSTAND, YOU KNOW, JUST WHAT THIS IS, OKAY? OKAY. GOOD EVENING, MAYOR AND COUNCIL, TO ANSWER YOUR QUESTION, COUNCIL MEMBER RAPHAEL, THIS WAS ACTUALLY LISTED AS AN ADDED ALTERNATE BUT WASN'T INCLUDED IN THE OVERALL GUARANTEED MAXIMUM PRICE FOR THE MCALLEN CENTER. SO WE'RE ACTUALLY ASKING TO, COME BACK AND THE PUBLIC UTILITIES FUND IS ACTUALLY GOING TO ABSORB THE COST TO ACTUALLY LOOP THE WATER LINE. THE ORIGINAL PLANS DID NOT CALL FOR THE WATER LINE TO BE LOOPED FROM ACADEMY WAY OVER TO EWELL ROAD, I BELIEVE THE WATER LINE WAS ACTUALLY TERMINATING IN THE MIDDLE OF THE PROPERTY. HOWEVER, FOR, YOU KNOW, WATER SAKE AND ACTUALLY NOT HAVING CREATING ANOTHER DEAD END MAIN THAT WOULD HAVE TO BE FLUSHED, AND ALSO TO AVOID HAVING TO GO IN AND DISRUPT THE FACILITY AFTER THE FACT. WE WOULD LIKE TO JUST GO AHEAD AND LOOP THE ENTIRE WATER LINE, BUT INSTEAD OF ASKING THE PARKS TO ABSORB THE COST OF PUBLIC UTILITIES IS GOING TO DO A COST SHARE, AS WE WOULD DO LIKE WITH ANY OTHER DEVELOPER. DOES THAT ANSWER YOUR QUESTION? IT DOES. OKAY. I JUST WANTED TO MAKE SURE. SO WHEN I SAW MAXIMUM PRICE AT ALTERNATE, YOU KNOW, MY CONCERN WAS JUST, YOU KNOW, AFTER THESE, YOU KNOW, WE GET TO THESE MAXIMUM PRICES AND JUST THINGS CHANGING MIDWAY. AND SO WE GET NUMBERS AND THEN LATER WE GET INCREASING NUMBERS. I JUST WANT TO ENSURE THAT I WASN'T LOOKING AT THAT. SO WHAT YOU'RE SAYING THIS IS A ACTUALLY A WATER DEPARTMENT, SOMETHING THAT YOU WANT TO DO TO SO THAT YOU DON'T HAVE TO DO SOMETHING. YOU DON'T HAVE TO DO THIS WORK LATER. BUT SO IT WAS ACTUALLY INCLUDED AS AN ADDED ALTERNATE BID ITEM. IT JUST WAS NOT
[00:30:02]
INCLUDED IN THE GMP. IT SHOULD HAVE BEEN ALL THE ALTERNATES PROBABLY SHOULD HAVE, IN HINDSIGHT, BEEN INCLUDED IN THE GUARANTEED MAXIMUM PRICE, BUT UNFORTUNATELY IT WAS NOT. SO IN AN EFFORT TO, YOU KNOW, BE TRANSPARENT, WE JUST WANTED TO COME BACK SINCE THIS IS OBVIOUSLY GOING TO DIFFER. HOWEVER, IT'S NOT GOING TO INCREASE THE OVERALL PROJECT BUDGET FROM A PARKS AND REC STANDPOINT BECAUSE THE PUBLIC UTILITIES WILL BE PAYING THE DIFFERENCE TO EXTEND THAT WATER LINE. OKAY. YOU'LL BE PAYING THE DIFFERENCE TO EXTEND THE WATER.OKAY. ARE THERE ANY OTHER UNEXPECTED THINGS LIKE THIS THAT WE SHOULD ANTICIPATE, SHORT ANSWER TO THAT IS NO. YEAH. OKAY. I APPRECIATE THAT. THANK YOU, MADAM MAYOR. COUNCIL, ANY ADDITIONAL QUESTIONS OR COMMENTS, WE DO HAVE A CARD FROM AN INDIVIDUAL WHO WISHES TO SPEAK ON ITEM E SIX. K BROWN. PATRICK. OKAY. GOOD EVENING, MISS BROWN. PATRICK, PLEASE STATE YOUR NAME. YOUR CITY OF RESIDENCE. FOR THE RECORD, YOU HAVE THREE MINUTES TO SPEAK.
OKAY. BRIAN PATRICK DE SOTO, I'M HERE TO SPEAK ABOUT THE ICE SKATING RINK, I KNOW THAT THIS IS IN REGARDS TO THE APPROVAL OF THE CONTRACT. AND SO THE BID HAS ALREADY GONE OUT. BUT I SPOKE ON THIS LAST YEAR, AND SO I WAS TRYING TO GET AN UNDERSTANDING OF HOW ANYONE SAW THE RESULTS OF LAST YEAR AND THOUGHT THAT WE SHOULD HAVE ICE SKATING RINK AGAIN THIS YEAR. ACCORDING TO THE STAFFING REPORT, THE RECOVERY OF OUR REVENUE, WE SPENT $189,000 ON THE ICE SKATING RINK AND THE REVENUE WAS $42,000. WHEN MR. GLOVER GAVE HIS PRESENTATION DURING THE BUDGET, I THINK STAFF SAID THAT THE RECOVERY FOR THIS TYPE OF STRUCTURE SHOULD BE 50 TO 70%, I'M NOT SURE WHERE WE THINK WE'RE GOING TO FIND THE EXTRA 28 TO 48% IN ORDER TO RECAPTURE WHAT WE'RE SPENDING ON THE ICE SKATING RINK, BUT THERE'S NO WAY ANYBODY WHO'S OUT THERE AT THE SKATE ICE SKATING RINK KNOW I WENT. I ENJOYED THE ONE CIRCLE THAT I MADE, BUT I DON'T SEE HOW ANYBODY WHO WAS OUT THERE, EVEN AS A COUNCIL MEMBER, EVEN IF THIS WAS THE RIGHT DEAL, YOU THINK THIS WAS A GOOD IDEA TO BRING BACK TO SPEND AN ADDITIONAL ALMOST $200,000 ON AN ICE SKATING RINK, THE LOGIC THERE WAS THAT THE ELECTRICAL INFRASTRUCTURE WAS A COST THAT WE INCURRED LAST YEAR, THAT WE WOULDN'T HAVE TO INCUR THIS YEAR. BUT IN THE PRESENTATION, MR. GLOVER TOLD COUNCIL, WELL, EVEN WITH THAT, WE STILL ONLY HAVE A 28% RECOVERY. THAT'S NOT EVEN CLOSE TO. SO WE'RE SPENDING TAXPAYER DOLLARS ON THESE PERFORMATIVE EFFORTS TO SAY WE'RE DOING SOMETHING. TOOK AWAY THE CHRISTMAS PARADE, WHICH, BY THE WAY, RESIDENTS DIDN'T EVEN KNOW WAS TAKEN AWAY BECAUSE THE INEFFECTIVE COMMUNICATIONS ABOUT THE REMOVAL OF THE PARADE, THAT'S A WHOLE NOTHER CITIZENS COMMENT AROUND THE COMMUNICATIONS IN THE CITY. BUT THE TOOK AWAY THE CHRISTMAS PARADE CAME HERE FOR THE BLOCK PARTY. THERE WAS ONE FOOD TRUCK I PAID TO TAKE A PICTURE WITH BLACK SANTA. I'VE NEVER HAD TO DO THAT, EVER IN THE 12 YEARS I'VE BEEN IN DESOTO, AND IT WASN'T EVEN THE REAL BLACK SANTA, BY THE WAY. AND THEN WE HAD THE ICE SKATING RINK. SO I SAY THAT IF YOU ALL NEED A LIST OF SOMETHING TO DO WITH $150,000 FOR CHRISTMAS, I CAN SEND YOU A LIST OF 100 THINGS. BUT THE ICE SKATING RINK IS NOT, I KNOW FOR SURE THE RESIDENTS DID NOT ASK FOR THAT, AND SO I FEEL LIKE THIS IS JUST AN EFFORT TO DO SOMETHING FOR CHRISTMAS. AND I APPRECIATE THAT. BUT YOU TOOK AWAY SOMETHING THAT THE CITIZENS ENJOYED AND REPLACED IT WITH SOMETHING THAT WE DIDN'T ASK FOR. THANK YOU, THANK YOU, AT THIS TIME, COUNCIL, IS THERE A MOTION FOR THE CONSENT AGENDA? MADAM MAYOR, I MOVE THAT WE ACCEPT THE CONSENT AGENDA AS PRESENTED. SECOND, IT'S BEEN MOVED BY COUNCILMAN BYRD.
SECOND, BY MAYOR PRO TEM HUGHES TO ACCEPT THE CONSENT AGENDA AS PRESENTED. COUNCIL, WE WILL HAVE TO DO A ROLL CALL, PLEASE. MAYOR PRO TEM LETICIA HUGHES. YES. COUNCIL MEMBER CRISTAL CHISHOLM.
YES. COUNCIL MEMBER. MARX. MAYOR. RACHEL PROCTOR. YES. COUNCIL MEMBER ANDRE BYRD. YES.
COUNCIL MEMBER NICOLE RAPHAEL. COUNCIL MEMBER PERRY PARKER. NO. THAT MOTION PASSES FOUR THREE, WE DO HAVE SOME APPOINTMENTS THAT WE WANT TO RECOGNIZE HERE THIS EVENING. WE HAVE MISS LINDA WEAVER, WHO IS WITH KEEP DESOTO BEAUTIFUL. PLEASE STAND WHEN I CALL YOUR NAME SO THAT WE CAN ACKNOWLEDGE YOU. WE ALSO HAVE MISS LASHONDA BURNETT APPOINTED TO THE BUILDING AND STANDARDS COMMISSION AND ZONING BOARD OF ADJUSTMENTS. AND WE HAVE MISS JESSICA LENNON, WHO IS REAPPOINTED TO THE LIBRARY BOARD. CAN WE GIVE THEM A GREAT BIG HAND CLAP AND THANK THEM FOR THEIR WILLINGNESS TO SERVE, SERVE OUR COMMUNITY? THANK YOU FOR THANK YOU FOR YOUR HEART TO
[3. Conduct a Public Hearing and consider an Ordinance amending Specific Use Permit -300 (SUP-300) for the expansion of an existing electrical substation. The property is legally described as being Block A Lot 1 Oncor Lancaster Distribution Center and is located at 1220 E Pleasant Run Rd. The applicant is Rob Myers of Kimley-Horn and the owner is Seth Sampson. (Case Z-1527-24)]
SERVE, AND WE LOOK FORWARD TO WORKING WITH YOU FURTHER. THANK YOU. AT THIS TIME, MISS THOMAS WILL HAVE THE NEXT ITEM ON THE AGENDA, PLEASE. YES, MA'AM. NEXT, WE MOVE INTO OUR PUBLIC HEARINGS. ATTENDEES MAY SPEAK ON ANY ITEM LISTED ON THE AGENDA DURING THAT PORTION OF THE AGENDA. HOWEVER, FOR TOPICS NOT SCHEDULED, ATTENDEES WILL SPEAK DURING CITIZEN APPEARANCES. THE STANDARD TIME LIMIT IS THREE MINUTES PER SPEAKER AND MAY BE MODIFIED AT THE MAYOR'S[00:35:02]
DISCRETION TO MAINTAIN AN EFFICIENT FLOW OF THE MEETING. COMMENT CARDS RELATED TO SPECIFIC AGENDA ITEMS ARE DUE PRIOR TO THE INTRODUCTION OF AN AGENDA ITEM. HOWEVER, COMMENT CARDS RELATED TO THE CITIZEN APPEARANCES PORTION OF THE AGENDA MUST BE SUBMITTED TO THE AMBASSADORS TABLE PRIOR TO THE START OF A OF THE MEETING, AND FIRST WE WILL JUMP INTO ITEM F THREE, CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING SPECIFIC USE PERMIT 300 FOR THE EXPANSION OF AN EXISTING ELECTRICAL SUBSTATION. THE PROPERTY IS LEGALLY DESCRIBED AS BEING BLOCK A LOT. ONE ENCORE LANCASTER DISTRIBUTION CENTER AND IS LOCATED AT 1220 EAST PLEASANT RUN ROAD. THE APPLICANT IS ROB MYERS OF KIMLEY-HORN AND THE OWNER IS SETH SAMPSON. CASE Z DASH 1520 7-24. MAKING THAT PRESENTATION IS MR. MUNYARADZI PLANNING AND ZONING MANAGER.GOOD EVENING, MR. GOOD EVENING, MAYOR AND MEMBERS OF THE CITY COUNCIL. THIS IS MR. MUNYARADZI WITH THE PLANNING DIVISION. OF THIS IS A SPECIFIC USE PERMIT REQUEST TO AMEND SUP 300 FOR THE EXPANSION OF THE EXISTING ELECTRICAL SUBSTATION. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF EAST PLEASANT RUN ROAD, ZONED GENERAL RETAIL, AND REQUIRES A SPECIFIC USE PERMIT FOR THE EXPANSION OF THE SUBSTATION. THE PROPERTY IS 17.8 ACRES IN SIZE AND ADDRESSES 1220 EAST PLEASANT RUN ROAD. TO THE NORTH IS A CARWASH THAT IS ZONED GENERAL RETAIL, AND TO THE SOUTH IS VACANT LAND THAT IS ZONED PLANNED. DEVELOPMENT 103. TO THE EAST IS A CREEK AND A CAR WASH, AND A CAR RENTAL FACILITY ZONED GENERAL RETAIL TO THE WEST ARE SINGLE FAMILY HOMES ZONED PLANNED DEVELOPMENT 80. IN 2021, THE CITY APPROVED A SPECIFIC USE PERMIT 300 FOR THE CONSTRUCTION OF A BUILDING THAT IS ASSOCIATED WITH WITH THE SUBSTATION AT THE 20 1220 EAST PLEASANT RUN ROAD.
THE CURRENT REQUEST IS TO AMEND THAT SUP FOR THE EXPANSION OF THE EXISTING ELECTRICAL SUBSTATION ITSELF. THE EXPANSION OF THE ELECTRICAL SUBSTATION SUBSTATION WILL NOT HAVE NEGATIVE IMPACTS ON THE SURROUNDING PROPERTIES. BECAUSE THE SUBSTATION IS TUCKED AT THE BACK OF THE ENCORE BUILDING AND THE CAR WASH ALONG PLEASANT RUN, THE SUBSTATION DOES NOT FRONT ANY PUBLIC ROADWAYS, AND IT IS SHIELDED FROM THE ROADWAYS BY HUGE TREES AND BUSHES ON THE PROPERTY. THE APPLICANT IS ALSO PROPOSING AN EIGHT FOOT SCREENING WALL. ALL AROUND THE SUBSTATION, AS WELL AS LANDSCAPING ON THE WEST SIDE WHERE WE HAVE THE HOMES. THE PROPOSED ELECTRICAL SUBSTATION MEETS THE SECTION 35.2 THAT STIPULATES THE SPECIFIC USE PERMIT CRITERIA THAT THE PLANNING AND ZONING AND THE CITY COUNCIL MUST CONSIDER WHEN APPROVING SUPS. THE PROPOSED EIGHT FOOT WALL AROUND THE SUBSTATION COMPLY WITH SECTION 14.2, WHICH CALLS FOR A SOLID SCREENING WALL BETWEEN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS. THEREFORE, STAFF SUPPORTS THE APPLICANT'S REQUEST TO AMEND SUP 300 FOR THE EXPANSION OF THE ELECTRICAL SUBSTATION, AND ON AUGUST 11, 2024, THIS REQUEST WAS PUBLICIZED IN FOCUSED DAILY NEWSPAPER AND STAFF MAILED 63 NOTIFICATIONS TO PROPERTY OWNERS WITHIN 400 AND 200FT OF THE SUBJECT SITE. NO LETTERS WERE RECEIVED IN OPPOSITION OR IN FAVOR OF THIS SUP REQUEST. THIS IS THE. THIS IS THE SITE PLAN THAT WAS SUBMITTED AND AROUND THIS PROPERTY LINE IN BOLD, THERE'S GOING TO BE THE EIGHT FOOT, SCREENING WALL. AND ALONG THIS SIDE ON THE WEST SIDE THAT FACES THESE HOMES RIGHT HERE, THERE WILL BE LANDSCAPING. AND ON AUGUST 2027, 2024, THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL OF THE REQUEST TO AMEND SUP 300 BY A VOTE OF 6 TO 0, AND STAFF CONCUR WITH THE COMMISSION'S RECOMMENDATION FOR APPROVAL. AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE.
THANK YOU, MR. POIROT. AT THIS TIME, I WILL ENTERTAIN A MOTION TO OPEN. THE PUBLIC HEARING. IS THERE. LET ME LET ME RETRACT THAT STATEMENT. IS THERE APPLICANT THAT HAS A PRESENTATION AS WELL? NO, THERE'S NO HE DOESN'T HAVE A PRESENTATION. NO PRESENTATION. I DON'T HAVE A PRESENTATION. AND HE DOESN'T. OKAY. YOU'RE HERE. GIVE US YOUR NAME, SIR. ALL RIGHT. SO MY NAME IS SETH SAMPSON, 777 MAIN FORT WORTH, TEXAS. I'M A REPRESENTATIVE OF
[00:40:05]
ENCORE SITING SPECIALISTS AND REALLY JUST HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. I WAS ALSO PRESENT AT THE PLANNING AND ZONING COMMISSION MEETING, SO JUST. I'LL STICK AROUND IF YOU GUYS HAVE ANY QUESTIONS FOR ME. THANK YOU KINDLY. AT THIS TIME, COUNCIL, I WILL ENTERTAIN A MOTION TO OPEN THE PUBLIC HEARING. SO MOVED. SECOND, IT'S BEEN MOVED BY COUNCIL MEMBER CHISHOLM, SECOND BY MAYOR PRO TEM HUGHES TO OPEN THE PUBLIC HEARING. COUNCIL. ALL IN FAVOR, PLEASE SAY AYE. AYE, AYE. ALL OPPOSED? SAME SIGN. THAT MOTION PASSED UNANIMOUSLY. THE PUBLIC HEARING IS NOW OPEN. MISS THOMAS, DO WE HAVE COMMENT CARDS FROM INDIVIDUALS WHO WISH TO SPEAK ON THIS ITEM? OKAY. HEARING NONE, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING COUNCIL. SO SECOND, IT'S BEEN MOVED BY MAYOR PRO TEM HUGHES. SECOND BY COUNCIL MEMBER TO CLOSE THE PUBLIC HEARING. COUNCIL. ALL IN FAVOR, PLEASE SAY AYE. AYE. ALL OPPOSED. SAME SIGN. THAT MOTION PASSES UNANIMOUSLY. COUNCIL, IS THERE A MOTION? MADAM MAYOR, I MOVE THAT WE APPROVE THIS AS PRESENTED. SECOND, IT'S BEEN MOVED BY COUNCILMAN BYRD. SECOND BY MAYOR PRO TEM HUGHES TO APPROVE AS PRESENTED COUNCIL. IS THERE ANY FURTHER DISCUSSION OR QUESTIONS? YES. COUNCIL MEMBER RAPHAEL. THANK YOU, MADAM MAYOR. I HAVE A QUESTION. I HAVE A QUESTION FOR THE REPRESENTATIVE, FOR OUR SAKE AND FOR THE COMMUNITY'S SAKE, CAN YOU TELL US EXACTLY WHAT'S GOING IN THIS SIDE OF THE SPACE? HOW HOW TALL WILL THIS BE AND WHAT YOU'RE PROPOSING TO PUT THERE? DO WE ALREADY HAVE ITEMS LIKE THAT IN THAT SAME AREA? GENERAL AREA? YEP. SURE. SO THIS IS, IT'S REPLACING EXISTING. SUBSTATION. IT'S THE ORIENTATION IS CHANGING JUST A BIT BECAUSE WE'RE ADDING MORE EQUIPMENT. SO THE ADDITIONAL LOAD THAT IT'S ABLE TO PICK UP IS A GREATER AMOUNT. YOU GUYS ARE GROWING. THE REGION'S GROWING. THAT'S THE REASON FOR THE UPDATED, INFRASTRUCTURE, THE TALLEST STRUCTURES AT THE AREA WON'T CHANGE. THOSE WILL BE THE TRANSMISSION LINES THAT IT CONNECTS INTO, THOSE ARE THE TALL MONOPOLES. YOU SEE. BUT THE AS FAR AS THE EQUIPMENT, THE NEW EQUIPMENT GOING IN ITSELF, IT'LL BE THE SAME HEIGHT AS ESSENTIALLY APPROXIMATELY WHAT'S THERE NOW. IT'S THE SAME EQUIPMENT, JUST MORE MODERN, SO YEAH, YOU'RE CORRECT THERE IS AN EXISTING SUBSTATION AT THE LOCATION TODAY. THIS IS EXPANDING AND UPGRADING THAT THAT FACILITY. OKAY. I APPRECIATE THAT. AND THEN ABOUT LIKE I KNOW YOU DO ALL SORTS OF THINGS TO MAKE CERTAIN THAT YOU KNOW, WHAT YOU HAVE IN PLACE IS SAFE AND EVERYTHING. SO CAN YOU TALK ABOUT YOUR EXISTING SAFETY MEASURES AROUND THIS SUBSTATION AND THEN HOW THAT'S GOING TO CONTINUE WITH THIS NEW SUBSTATION? SURE SO ONE AND JUST IN GENERAL, THE EIGHT FOOT WALL IS ONE SAFETY MEASURE. WE HAVE WALLS AROUND ALL OF OUR FACILITIES, TWO OF THESE STATIONS ARE MONITORED 24 OVER SEVEN, BOTH REMOTE WITH COMPUTE.WE HAVE SECURITY CAMERAS AND EVERYTHING LIKE THAT, AND WE FOLLOW AND MEET ALL INDUSTRY KIND OF BEST PRACTICES, STANDARDS AND WE FOLLOW THE NEC, AS FAR AS SAFETY STANDARDS FOR THIS ELECTRICAL EQUIPMENT. THANK YOU SO MUCH. I APPRECIATE THAT. SURE. THANK YOU, MR. SAMPSON, YES, COUNCILMAN BURKE. THANK YOU, MADAM MAYOR. AND THANK YOU, SIR, FOR REINVESTING. I BELIEVE THAT YOU GUYS HAD LAST YEAR OR YEAR AND A HALF. WE JUST OPENED UP THE NEW BUILDING AND FACILITY. SO THANK YOU FOR CHOOSING DESOTO TO REINVEST. I'M INTERESTED AND I'M GRATEFUL TO SEE THE RETAINING WALL IS THERE CURRENTLY A MASONRY WALL THAT EXISTS NOW TODAY IT'S A, CHAIN LINK FENCE. AND THEN ON THE WEST SIDE I BELIEVE IT'S BOARD ON BOARD WOOD, WALL. SO YOU'RE ACTUALLY UPGRADING. YEAH. SO YEAH, TO MY KNOWLEDGE, OUR ON THAT SIDE, THE MASONRY WALL WILL GO RIGHT UP AGAINST THE BOARD. BUT THE EXISTING THE OTHER THREE SIDES WILL BE REPLACED WITH MASONRY WALL. WHAT ABOUT WHAT ABOUT THE SIDE THAT FACES THE, THE COMMUNITY. THERE'S A LITTLE NEIGHBORHOOD RIGHT THERE WITH AN ALLEY DOWN THE BACK. IS, IS OUR MASONRY WALL THAT'S GOING THERE.
YEP. SO ALL FOUR SIDES WILL HAVE MASONRY WALL THAT WILL JUST THAT ONE BECAUSE THERE IS A WOOD FENCE WILL JUST BE RIGHT UP AGAINST THAT WOODEN FENCE. SO WE WON'T TAKE DOWN ANY OF THE FENCES FOR THE COMMUNITY AND REPLACE IT. IT'LL JUST BE PLACED UP AGAINST IT. WE APPRECIATE YOUR REINVESTMENT. THANK YOU VERY MUCH. THANK YOU, MADAM MAYOR. THANK YOU. YES. COUNCIL MEMBER PARKER. THANK YOU, MADAM MAYOR, AND THANK YOU FOR YOUR PRESENTATION, THANK YOU FOR YOUR PRESENTATION. I DID HAPPEN TO ASK SOME QUESTIONS BEFOREHAND BECAUSE WE HAVE HAD SOME THINGS HAPPEN IN OUR CITY, AND WE NEED TO MAKE CERTAIN THAT WE ARE CLEAR ON THESE ITEMS COMING UP IN OUR CITY. AND SO MY ONLY QUESTION WOULD BE AROUND, AND NOT THAT THIS IS THE ROUTE IT'S GOING, BUT SHOULD THERE BE A NO VOTE OR IT DOESN'T GO, WHAT WOULD BE THE IMPLICATIONS OF THAT, I MEAN, SO FROM, FROM A RELIABILITY STANDPOINT, THE, THE REASON FOR THIS SUBSTATION AND THE UPGRADE IS BECAUSE WE HAVE WHAT WE CALL THEM DEMAND PLANNERS. BUT OUR STUDIES THAT SHOW THAT THE PROJECTED FUTURE LOAD IN THE AREA AND THE GROWTH IS WHAT'S DRIVING THIS NEW
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INFRASTRUCTURE. SO THAT'S REALLY WHAT WE COME TO A COMMUNITY FOR, IS, IS OUR PROJECTED FUTURE LOAD GROWTH. THIS ALLOWS US TO PROVIDE THAT FUTURE GROWTH. AND IT ALSO, THEY'RE ALL TIED IN TOGETHER. RIGHT. SO THE MULTIPLE OTHER SUBSTATIONS IN THE REGION, THAT ARE AT LOADING CAPACITY, IT ALSO TAKES SOME OF THAT CAPACITY AND, GIVES THEM BACK LOADED SPACE TO, TO PICK UP ADDITIONAL LOAD TOO. SO IT'S REALLY IT'S NOT JUST AT THIS LOCATION, IT'S IN THE OVERALL REGIONAL LOCATIONS OF OUR STATIONS THAT IT'S ADDING CAPACITY. THANK YOU. ARE YOU. THANK YOU, COUNCIL, THERE IS A MOTION ON THE FLOOR, AT THIS TIME, THERE IS AN ORDINANCE THAT NEEDS TO BE READ AS WELL. MISS THOMAS, AN ORDINANCE OF THE CITY OF DESOTO, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF DESOTO, AS HERETOFORE AMENDED, BY AMENDING AND RESTATING SPECIFIC USE PERMIT NUMBER 300, AS ADOPTED BY ORDINANCE NUMBER 225021, AUTHORIZING AN APPROXIMATELY 17.83 ACRE TRACT OF LAND SITUATED IN THE SIERRA RIM SURVEY. ABSTRACT NUMBER 1216, CITY OF DESOTO, DALLAS COUNTY, TEXAS, COMMONLY KNOWN AS 1220 EAST PLEASANT RUN ROAD. PRESENTLY ZONED AS GENERAL RETAIL DISTRICT TO BE USED FOR ELECTRICAL SUBSTATION. HIGH VOLTAGE POWER USE TO ALLOW FOR THE ENLARGEMENT AND MODIFICATION OF THE USE THEREON. PROVIDING A CONFLICTS CLAUSE. PROVIDING A REPEALING CLAUSE. PROVIDING A SEVERABILITY CLAUSE. PROVIDING A SAVINGS CLAUSE. PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $2,000 FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. THANK YOU COUNCIL. AT THIS TIME, AS THOMAS, WE WILL TAKE A ROLL CALL. VOTE PLEASE. MAYOR PRO TEM LETICIA HUGHES. YES. COUNCIL MEMBER CRYSTAL CHISHOLM. NO. COUNCIL MEMBER DIANA MARKS. NO.MAYOR. RACHEL PROCTOR. YES. COUNCIL MEMBER ANDRE BYRD. YES. COUNCIL MEMBER NICOLE. RAFAEL.
YES. COUNCIL MEMBER PERRY PARKER. NO, THANK YOU. THAT MOTION PASSES FOUR THREE. THANK
[1. Conduct a Public Hearing and consider an Ordinance for a zoning change from Neighborhood Services (NS) to General Retail (GR) that was denied by the Planning and Zonning Commission. The property is located at the northeast corner of E. Belt Line and S. Polk Street, addressed 801 E. Belt Line Road, DeSoto, Texas. The applicant is Melissa Harnett and the owner is Imad Farah. (Case # Z-1525-24)]
YOU. COUNCIL, WE'LL HAVE THE NEXT ITEM ON THE AGENDA, PLEASE, MISS THOMAS. YES, MA'AM. NEXT WE GO BACK TO ITEM F ONE, CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE FOR A ZONING CHANGE FROM NEIGHBORHOOD SERVICES TO GENERAL RETAIL. THAT WAS DENIED BY THE PLANNING AND ZONING COMMISSION. THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF EAST BELTLINE AND SOUTH POLK STREET. ADDRESS 801 EAST BELTLINE ROAD, DESOTO, TEXAS. THE APPLICANT IS MELISSA HARNETT AND THE OWNER IS AHMAD FARAH. CASE NUMBER Z DASH 1520 524. COMING BACK AS BEST COMMUNITY PLANNING AND ZONING MANAGER. WELCOME BACK, MADAM MAYOR. YES, MA'AM. BEFORE SHE GETS STARTED, I JUST WANTED TO KNOW THIS PARTICULAR CASE IS CONTINGENT ON THE FOLLOWING CASE. IS THAT CORRECT? ACTUALLY, THE FOLLOWING CASE IS CONTINGENT ON THIS CASE. YES SO IF THIS PASSES, THAT MEANS WE CAN GO TO THE NEXT ONE. BUT IF THIS FAILS, WE CANNOT GO TO THE NEXT ONE. OKAY. VERY GOOD. THAT'S WHAT I WANTED TO CLARIFY TO MAKE SURE COUNCIL KNEW. THANK YOU. THANK YOU DOCTOR MARKS. SO THIS IS AN APPEAL FOR A ZONING CASE REQUEST FROM NEIGHBORHOOD SERVICES TO GENERAL RETAIL THAT WAS DENIED BY THE PLANNING AND ZONING COMMISSION. IT IS LOCATED AT THE NORTHEAST CORNER OF EAST BELTLINE ROAD AND SOUTH POLK STREET. ADDRESS THIS 801 EAST BELTLINE BELTLINE ROAD AND APPROXIMATELY 0.55 ACRES IN SIZ. TO THE NORTH IS VACANT LAND ZONED SINGLE FAMILY AID. TO THE SOUTH IS VACANT LAND ZONED PLANNED DEVELOPMENT 133 TO THE EAST IS A CATERING BUSINESS. ZONED NEIGHBORHOOD SERVICES TO THE WEST IS A FUEL STATION ZONED GENERAL RETAIL. THE FUTURE LAND USE PLAN IDENTIFIES THIS SUBJECT SITE AS SUITABLE FOR HIGH DENSITY RESIDENTIAL, AND THE PROPOSED ZONING CHANGE IS THEREFORE NOT CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2024 COMPREHENSIVE PLAN. THE PROPERTY IS CURRENTLY ZONED NEIGHBORHOOD SERVICES AND THE REQUEST IS FROM REZONING FROM NEIGHBORHOOD SERVICES TO GENERAL RETAIL TO OPERATE AN OIL CHANGE FACILITY OR CHANGE FACILITIES CLASSIFIED UNDER AUTO REPAIR, MINOR AND NEIGHBORHOOD SERVICES DOES NOT PERMIT AUTO REPAIR. MINOR. HOWEVER, GENERAL RETAIL AUTO ALLOWS AUTO REPAIR MINOR WITH A SPECIFIC USE PERMIT. THE APPLICANT HAS SUBMITTED A COMPANION SPECIFIC USE PERMIT REQUEST FOR MINOR AUTO REPAIR. AND THIS ZONING CHANGE REQUEST WAS PUBLISHED IN DAILY FOCUS NEWSPAPER ON AUGUST 11TH, 2024, AND STAFF MAILED 22 NOTIFICATION TO PROPERTY OWNERS WITHIN 200 AND 400FT OF THE SUBJECT SITE. NO LETTERS WERE RECEIVED IN[00:50:02]
FAVOR OR IN OPPOSITION TO THIS REQUEST, AND ON SEPTEMBER TEN, THE COMMISSION RECOMMENDED DENIAL OF THE APPLICANT'S REQUEST FROM TO CHANGE THIS PROPERTY FROM NEIGHBORHOOD SERVICES GENERAL RETAIL. BY A VOTE OF SEVEN ZERO, AND STAFF RECOMMENDS THAT THE CITY COUNCIL DENY THE APPLICANT'S REQUEST FOR ZONE CHANGE FROM NEIGHBORHOOD SERVICES TO GENERAL RETAIL AS SUBMITTED. SECTION 10.8 E STATES THAT A FAVORABLE VOTE OF THREE QUARTERS OF THE MEMBERS OF THE CITY COUNCIL IN ATTENDANCE SHALL BE REQUIRED TO APPROVE ANY ZONING CHANGE REQUESTS, WHICH IS RECOMMENDED BY DENIAL. RECOMMENDED FOR DENIAL BY THE PLANNING AND ZONING COMMISSION.SO TONIGHT, SIX OF THE SEVEN MEMBERS THAT ARE PRESENT TONIGHT WILL BE REQUIRED. IF YOU ARE GOING TO APPROVE THIS CASE, AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT MIGHT HAVE. AND I DO HAVE, ONE MR. KING WHO HAS BEEN TALKING TO US ABOUT THIS REQUEST. THAT'S THE ONLY PERSON THAT I SEE. THE APPLICANT IS NOT PRESENT, I AM PRESENT. OH, I'M SORRY. THANK YOU, MISS MATERAZZI, YOU SAID THE APPLICANT IS PRESENT. YES. WOULD THE APPLICANT LIKE TO COME IN, HAVE WORDS OR HAVE A PRESENTATION? THEY DON'T HAVE A PRESENTATION. OKAY GOOD EVENING.
PLEASE STATE YOUR NAME, YOUR CITY OF RESIDENCE FOR THE RECORD. AND YOU MAY SPEAK MELISSA HARTNETT, BURLESON, TEXAS, WE HAD REQUESTED THIS REZONING, A WHILE BACK, AND WE DID NOT HAVE, EVERYTHING THAT THE PLANNING DEPARTMENT REQUESTED. AND I WAS UNDER THE IMPRESSION LAST TIME ON THE MEETING THAT WE WERE THEY WERE GOING TO ASK FOR AN EXTENSION FOR US TO PREPARE AND GET EVERYTHING READY FOR THE ZONING. OKAY, WE HAVE A NEW MEMBER ON OUR TEAM THAT IS TAKING OVER THIS PROJECT, AND WE WILL BE ABLE TO GET ALL THE PAPERWORK FOR THEM. WHAT WE'RE HERE TODAY IS TO ASK FOR AN EXTENSION FOR US TO PREPARE EVERYTHING WITH OUR NEW MEMBER. SO THAT WAY WE CAN SHOW YOU GUYS HOW THIS IS GOING TO BETTER YOUR COMMUNITY.
RIGHT NOW, IT'S JUST A BIG EMPTY LAND. IT'S NOT A VERY BIG PIECE OF LAND. IT'S 0.55 ACRES FOR THIS CONDENSED HOUSING. OR YOU KNOW, THE HOUSING AS IT WAS EXPLAINED TO ME, HAVING HALLWAYS, MULTI-LEVEL AND STUFF. IT'S A VERY SMALL LOT. IN ORDER TO HAVE SUFFICIENT HOUSING ON THERE, WE DON'T SEE HOW ALL THE PARKING IS GOING TO BE BENEFICIAL TO PEOPLE THAT WOULD BE LIVING THERE. IT'S KIND OF A VERY SMALL SPACE, OIL CHANGE STATION WOULD BE BETTER THAN HAVING THAT, YOU KNOW, EMPTY PIECE OF LAND THERE. AND, SERVE ALL THE RESIDENTS AROUND THERE THAT WANT SOMETHING CLOSE TO HOME AND AFFORDABLE FOR THEM. SO IF WE COULD GET SOME KIND OF EXTENSION SO WE CAN PRESENT PLANNING DEPARTMENT WITH WHAT WE NEED, THAT WOULD BE YOU KNOW, REALLY WHAT WE'RE STRIVING TO PROVE, BECAUSE WE DO WANT TO BUILD AN OIL CHANGE STATION THERE. SO WE JUST WANT TO SEE, LIKE HOW YOU GUYS OR IF YOU GUYS ARE GOING TO EVEN OPPOSE THE OIL CHANGE. THANK YOU, MISS HARTNET, AT THIS TIME, THANK YOU FOR YOUR COMMENTS, WE HAVE NOW UP NEXT TO OPEN OUR PUBLIC HEARING, AND THEN WE'LL HEAR FROM COUNCIL'S COMMENTS. AND IF THERE ARE ANY COMMUNITY MEMBERS THAT WOULD LIKE TO SPEAK ON THIS ITEM, AT THIS TIME COUNCIL, I WILL ENTERTAIN A MOTION TO OPEN THE PUBLIC HEARING. SO MOVED SECOND, IT WAS MOVED BY COUNCIL MEMBER RAPHAEL. SECOND BY COUNCIL MEMBER PARKER TO OPEN THE PUBLIC HEARING. COUNCIL. ALL IN FAVOR, PLEASE SAY AYE. AYE ALL OPPOSED? SAME SIGN. THAT MOTION PASSES UNANIMOUSLY. THE PUBLIC HEARING IS NOW OPEN, THERE ARE NO COMMENT CARDS FROM INDIVIDUALS WHO WISH TO SPEAK, SO AT THIS TIME, GIVE ME GIVE ME ONE SECOND. IF WE COULD HAVE A BRIEF RECESS.
SO, COUNCIL, YOU HAVE A ZONING CASE BEFORE YOU TONIGHT? THIS CASE WAS DENIED BY THE PLANNING AND ZONING, SO IT DOES REQUIRE A SUPERMAJORITY VOTE. SO BEFORE YOU TONIGHT, YOU CAN ACT ON THIS CASE. YOU CAN MOVE FORWARD AND VOTE ON IT, AND IF IT'S APPROVED, IT'S APPROVED. IF IT'S IN IT REQUIRES A SUPERMAJORITY VOTE. IF IT IS DENIED, YOU CAN IF YOU JUST DENY IT, THEY'RE
[00:55:04]
BARRED FROM BRINGING IT BACK FOR IS IT ONE, ONE YEAR? CORRECT THEY'RE BARRED. IF IT'S DENIAL, THEY CANNOT BRING THE THEY CANNOT BRING IT BACK. IS IT ONE YEAR? NO. DESOTO DOESN'T HAVE THE TIME LIMIT UNLESS THEY DENY IT WITH PREJUDICE. SO IF YOU JUST DENY IT, THEN THEY HAVE THE ABILITY TO GO BACK AND REAPPLY AND START THE PROCESS OVER AT THE PLANNING AND ZONING STAGE.IF IT'S A DENIAL, IF YOU DENY IT WITH PREJUDICE, IT MEANS IT CANNOT COME BACK FOR ONE YEAR.
SO DENIED WITH PREJUDICE MEANS IT CANNOT COME BACK FROM YEAR. IF IT'S JUST A DENIAL, THEN THEY'RE ALLOWED TO BRING IT BACK. GOING THROUGH THE WHOLE PROCESS AGAIN, PAYING THE NEW FEES AND SO FORTH. THANK YOU. COUNSEL, DID WE TAKE OUR VOTE ON TO CLOSE THE PUBLIC HEARING? CORRECT NO, NO NO, WE DID NOT. DOCTOR MARKS I WAS JUST GOING TO I'M JUST TRYING TO GET SOME CLARIFICATION. DID I NOT HEAR OR DO I NOT UNDERSTAND THAT THE APPLICANT REQUESTED TO SOME MORE TIME? DID I? IS THAT WHAT I UNDERSTOOD HER TO SAY? I HEARD HER REQUEST MORE TIME TO GATHER THE INFORMATION WHICH PROBABLY SHOULD HAVE TAKEN PLACE. OR SHE ASKED, DID SHE ASK BETWEEN BETWEEN P AND Z? AND THIS MEETING FOR ADDITIONAL TIME? YES. YEAH, THAT'S WHAT SHE SAID RIGHT HERE. BUT WE'VE BEEN WORKING WITH THEM FOR A LONG TIME. GOTCHA. FOR A VERY LONG TIME. AND SOMETIMES AT SOME POINT WE RETAINED EVERYTHING. AND THE SECOND TIME THEY GAVE US A CHECK THAT WAS BAD. AND WE HAVE BEEN WORKING AND SOMETIMES NOT EVEN RESPONSIVE. OKAY. YES OKAY OKAY OKAY. THANK YOU. THANK YOU, THANK YOU, DOCTOR MARKS, COUNCIL MEMBER PARKER I THINK I THINK MY CLARIFICATION WAS ACTUALLY TO PIGGYBACK ON THAT, BUT I DO WANT TO ASK THE QUESTION WHEN YOU THINK IN TERMS OF EXTENSION, DOES THAT NORMALLY COME TO THE CITY COUNCIL? WELL, IT'S THE APPLICANT WHO CAN ASK. I MEAN, BUT WHAT I'M SAYING IS, IS DOES DOES AN EXTENSION REQUEST COME BEFORE THE CITY COUNCIL OR DOES IT COME BEFORE P AND Z? SOMEONE CAN CAN ASK THE CITY COUNCIL. YES, YES. BUT I WANT ALSO TO CLARIFY THE FACT THAT, OUR RECOMMENDATION FOR DENIAL, IF IT'S P AND Z WAS NOT BASED BECAUSE OF OUR PLANS. YES, THEIR PLANS ARE NOT WHERE THEY NEED TO BE, BUT OUR OUR RECOMMENDATION WAS BASED ON THE NOT BEING CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE COMPREHENSIVE PLAN. SO NO MATTER HOW POLISHED THEY ARE, THEIR PLANS MAY BE WILL NOT BE ABLE TO SUPPORT BECAUSE IT'S IN OPPOSITION TO THE 24 2024 COMPREHENSIVE PLAN THAT WAS JUST APPROVED IN IN FEBRUARY THIS YEAR. THANK YOU. THANK YOU COUNSEL. AGAIN, A GOOD CLARIFICATION IS THE ONLY THIS ITEM IS JUST WHETHER OR NOT YOU WANT THAT ZONING CHANGE. THAT'S IT. THAT'S THAT'S THE ONLY THAT'S THE ONLY ISSUE BEFORE YOU. AND THEN THE NEXT ITEM WOULD BE THE SUP FOR THAT SPECIFIC TYPE OF. THANK YOU.
COUNCIL, CAN I, CAN I SAY ONE MORE THING? IT'S NOT. NO, IT'S NOT CLOSED. SO SHE CAN COME BAC.
YOU CAN COME BACK. MISS HARTNETT, PLEASE. WELL, YOU KNOW, AS FAR AS, OUR COMMUNICATIONS AND OUR PLANS NOT BEING WHERE THEY NEED TO BE, I UNDERSTAND THAT, YOU KNOW, I AM THE APPLICANT. I AM NOT THE ARCHITECT. SO, OF COURSE, WE SAW THAT THERE'S ISSUES WE ARE RESOLVING THOSE ISSUES BY GETTING A NEW MEMBER ON OUR TEAM TO TAKE CARE OF THAT, BECAUSE WE WEREN'T GETTING WHAT WE NEEDED IN A TIMELY MANNER. SO IF WE GET THAT CHANCE TO SHOW YOU EVERYTHING AND HOPEFULLY GET THE PLANNING AND ZONING APPROVED FOR THIS, THEN, I THINK WE COULD DO SOME BUSINESS HERE IN DESOTO, IF I MAY OFFER A PERSPECTIVE. COUNSEL, I THINK IT'S MUCH CLEANER FOR THEM TO START OVER AGAIN, BECAUSE THERE'S ALREADY DENIAL BY STAFF OR NOT DENIAL.
BUT RECOMMENDATION TO DENY BY STAFF AND RECOMMENDATION TO DENY BY BY THE PLANNING COMMISSION.
SO, I THINK IT'S ONE WAY TO DO THAT. IF THE COUNCIL WOULD BE HAPPY. THERE WE GO. IF THE COUNCIL WOULD ALLOW, IF THE APPLICANT WOULD BE INTERESTED IN WITHDRAWING BOTH CASES, THAT'S AN EASY WAY TO DO IT, IS YOU COULD WITHDRAW BOTH OF THE CASES HERE TONIGHT, AND THEN YOU WOULD START THE PROCESS OVER WITH THE WITH WITH THE P AND Z AND COMING BACK TO CITY COUNCIL. IF YOU MADE THE MOTION TO REQUEST WITHDRAWAL AND THEN IF YOU COULD JUST WRITE THAT DOWN ON A PIECE OF PAPER AND SUBMIT IT, THEN WE CAN JUST WITHDRAW THOSE AND THEN WE'D BE WE THESE TWO ITEMS WOULD BE TAKEN OFF FOR THE REST OF THE EVENING. IF THE COUNCIL WOULD. AND AS FAR AS MISS, PLEASE COME TO THE MIC. AND AS FAR AS ALL THE CLUTTER, CAN YOU, CAN YOU START WITH AS FAR AS ALL THE MONEY THAT HAS BEEN PUT TOWARDS THIS, IS THERE? LIKE I'D HAVE TO PAY ALL THAT OVER AGAIN. OR IS
[01:00:04]
THERE A PERCENTAGE OR SOME OF THAT THAT YOU'D HAVE TO GO THROUGH THE PROCESS AGAIN, WHICH WOULD BE SUBMITTING THOSE, PAYING THOSE FEES AGAIN, FEES AGAIN? OKAY. THANK YOU. SIR. DO YOU WISH TO PLEASE COME? DO YOU WISH TO WITHDRAW THESE CASES TONIGHT? I NEED TO SPEAK WITH, MY. THIS IS MY NEW MEMBER. PLEASE STATE YOUR NAME AND YOUR CITY OF RESIDENCE. MY NAME IS BARBARA, AND I'M AN ARCHITECT. AND I'M LIVING RIGHT NOW IN WYLIE, TEXAS. SO EVER SINCE I GET THIS PROJECT, I HAVE SEEN LOTS OF MISHAPS ON THESE PLANS AND EVERYTHING. SO I'M JUST REQUESTING RIGHT NOW JUST TO GRANT US A TIME SO I CAN COME UP WITH THE SOLUTION ACCORDINGLY.AS THE COMMENTS ARE THE ZONING AND EVERYTHING, ALL I NEED TO KNOW RIGHT NOW IS IF I BE ABLE TO, YOU KNOW, COME UP WITH A SOLUTION OR A RESUBMISSION LIKE YOU SAID, YOU GUYS DO HONORABLE COUNCIL SAYS THAT IF WE WITHDRAW THIS AT THIS MOMENT AND WE CAN REAPPLY FOR THE ZONING ALSO, ALONG WITH ALL I NEED IS NOT TO KNOW THAT EVEN AFTER REAPPLYING, WHETHER WE BE ABLE TO GET THE ZONING APPROVAL ON THIS SO I CAN COME UP WITH THE NEW SOLUTION AS A BUILDING PERMIT AND DOCUMENTATION. GIVE ME YOUR LAST NAME AGAIN, SIR. BABER. LAST NAME? BATTY. BATTY, BATTY, BATTY BATTY. YEAH. MR. BATTY, I WILL SAY THAT WE ARE NOT ABLE TO GUARANTEE ANY TYPE OF AN OUTCOM, EVEN UPON RESUBMISSION OF YOUR PROJECT. SO THAT'S SOMETHING THAT WE CANNOT CONFIRM WITH YOU TONIGHT. THANK YOU, YOU WOULD HAVE TO GO THROUGH THE PROCESS JUST AS YOU HAVE THIS TIME, AND THEN, YOU KNOW, IT WOULD HAVE TO BE DECIDED UPON AS FAR AS, THE SENTIMENTS OF THE, THE STAFF AND THE PLANNING COMMISSION AS WELL AS THE CITY COUNCIL. OKAY, HOWEVER, WHEN YOU WHEN YOU TALK ABOUT COMING BACK AND I'M ASKING THIS QUESTION FOR COUNCIL IN TERMS OF VERSUS WITHDRAWAL VERSUS GRANTING AN EXTENSION, WHAT WOULD THAT TIMELINE LOOK LIKE IF YOU WERE TO GET AN EXTENSION? WHAT IS THAT TIMELINE LOOK LIKE? 30 DAYS, 30 DAYS? YEAH, 30 DAYS. YEAH. BECAUSE I NEED TO REASSESS THE WHOLE PROJECT AGAIN FROM SCRATCH BECAUSE SINCE I'VE BEEN, YOU KNOW, HAVING WORKED ON THAT AS YET. I'M NOT SURE, AT THIS TIME COUNCIL IF YOU, IF, IF I MAY TAKE A PRIVILEGE TO GRANT A FIVE MINUTE RECESS SO THAT THE APPLICANT SPEAK AND THEN WE CAN KIND OF GET SOME THINGS SORTED OUT SO THAT THEY CAN MAKE AN INFORMED DECISION ON HOW THEY WANT TO MOVE FORWARD. WE KNOW THAT THIS IS A BIG DEAL. THERE'S BEEN INVESTMENT MADE UP TO THIS POINT. SO WE WANT TO ALLOW YOU ALL TO THINK THROUGH IT CLEARLY, AND WE'LL TAKE FIVE MINUTES.
IT'S 7:02 P.M. WE WILL BACK BE BACK HERE AT 707 BEFORE WE ARE TAKING FIVE MINUTES. I'M JUST ASKING ONE REQUEST. AS AN HONORABLE COUNCIL THAT CONSIDER THIS PROJECT AS A, YOU KNOW, THE PUBLIC, YOU KNOW FACILITATIONS. SO IT ENHANCED THE OVERALL NEIGHBORHOOD ALSO AND FACILITATE THE SURROUNDING AREA ALSO. SO OBVIOUSLY I WILL TRY MY BEST TO MAKE IT AS POSSIBLE AS, YOU KNOW, APPEALING. ALSO IN TERMS OF LANDSCAPE, IN TERMS OF DESIGN. AND IT'S NOT THAT BIG PROJECT. IT DOESN'T MAKE ANY HUGE IMPACT ON THE NEIGHBORHOOD. THANK YOU FOR SHARING. AT THIS TIME. PLEASE DON'T GO BACK, MISS HARDING, IF YOU WOULD COME BACK AS WELL, I WAS INFORMED THAT WE HAVE A COUNCIL MEMBER WHO HAS A QUESTION, I'M NOT SURE IF IT'S FOR STAFF OR THE APPLICANT, BUT COUNCIL MEMBER RAPHAEL, IF YOU CAN ASK YOUR QUESTION, THEN WE'LL TAKE THAT RECESS.
CERTAINLY. I THINK I WANT TO UNDERSTAND WHO THE OWNERS ARE BECAUSE I'M THE COUNCIL MEMBER.
WHERE THIS WILL BE PLACED. I DID RECEIVE MULTIPLE IN CALLS, PHONE CALLS FROM MICHAEL KAY. LAST INITIAL K AND, WAS TOLD THAT THE APPLICANT OR THE OWNER LIVED EITHER IN DESOTO, PLAYED SIX OR LIVED IN LANCASTER. I DON'T KNOW, SO I FEEL SLIGHTLY CONFUSED IN TERMS OF, YOU SHARING WHAT YOU SHARED OR WHOEVER. SO DO YOU KNOW WHO THAT WAS THAT WAS REACHING OUT TO ME? AND CAN YOU BRING ANY CLARITY RELATED TO THAT? YES. OKAY. AND SO AT THAT TIME, SO JUST JUST FOR YOUR AWARENESS, WE'VE GONE THROUGH THE COMPREHENSIVE PLANNING PROCESS THAT WAS AT NAUSEAM FOR OVER A YEAR TO GET TO THE PLACE OF DECIDING HOW WE WANT TO USE OUR LAND AND LAND USE. AND I THINK I EXPRESSED THAT I WAS NOT ABLE TO MEET WITH HIM. BECAUSE I COULDN'T MEET IN PERSON, COULDN'T MEET VIRTUALLY. BUT JUST WANTED TO UNDERSTAND. ARE YOU. I'M SORRY, MA'AM, I JUST WANTED TO UNDERSTAND IF IT WAS. IF IT WAS COMMUNICATED WITH THE GROUP THAT WE WERE GOING THROUGH THAT PROCESS WITH A BRAND NEW LAND USE PLAN. BECAUSE WHAT YOU'RE ASKING FOR IS A LAND USE REVERSAL FROM WHERE WE WERE. SO I JUST WANTED TO UNDERSTAND THAT RIGHT. WELL, WE DO WANT YOU TO REVERSE THE LAND USE TO THE. NO. I THINK I WANTED TO UNDERSTAND. DID YOU UNDERSTAND THAT WE WERE GOING THROUGH A PROCESS THAT INCLUDED THE COMMUNITY WHERE COMMUNITY ALSO
[01:05:04]
INCLUDED WHAT THEY WANTED AS WELL. SO I JUST WANT TO MAKE CERTAIN THAT THAT WAS CLEAR TO YOU. OKAY? OKAY. THANK YOU. OKAY YES, I DID ASK ABOUT OWNERSHIP, SO I YEAH, IF THERE COULD BE CLARITY PROVIDED RELATED TO OWNERSHIP IN TERMS OF MAYBE WHAT WAS COMMUNICATED BEFORE. AND I KNOW YOU WEREN'T PRIVY TO THAT CONVERSATION, BUT JUST WANTED TO UNDERSTAND FOR CLARITY, IS IT THAT YOU OWN THE LAND OR THIS IS JUST YOUR YOU'RE THE DEVELOPER AND YOU'RE DEVELOPING OR JUST THE DEVELOPER, BUT THE OWNER IS HERE. SO OKAY. ALL RIGHT. I SEE THANK YOU. SO THE DEVELOPER AND THEN THE OWNER OF THE, THE SHOP OKAY I UNDERSTAND. THANK YOU I APPRECIATE THAT. THANK YOU.COUNCIL IS 7:05 P.M. WE'LL HAVE A FIVE MINUTE RECESS. WE'LL RETURN BACK AT 710.
IS 17, SO IF I COULD ASK EVERYBODY TO COME BACK TO THE DAIS AND TAKE YOUR SEATS, PLEASE, SO WE CAN RESUME OUR MEETING, I JUST FOR CLARIFICATION, THE PUBLIC HEARING IS STILL OPEN. WE DO HAVE A MOTION TO CLOSE THE PUBLIC HEARING MADE BY COUNCIL MEMBER RAPHAEL AND COUNCIL MEMBER PARKER. HOWEVER, THE, ANY TYPE OF ANY TYPE OF SOLUTION OR RESOLUTION TONIGHT, WHETHER THAT BE WITHDRAWING IT, WHETHER THAT BE GRANTING AN EXTENSION OR WHETHER THAT BE, ANY OTHER TYPE OF, OF REQUEST THAT HAS TO BE DONE BEFORE WE CLOSE THE PUBLIC HEARING. SO COUNCIL, THE PUBLIC HEARING IS STILL OPEN. YES. MISS HARTNETT, HI. WE'RE GOING TO GO AHEAD AND WITHDRAW, AND WE'RE GOING TO TRY TO MEET WITH, THE CITY MANAGER AND SEE WHAT WE CAN DO BEST FOR THAT LAND. THANK YOU. OKAY THANK YOU. UNDERSTANDING THAT THIS IS ONLY THE PUBLIC HEARING FOR THAT FIRST ZONING CASE, ARE YOU ALSO WITHDRAWING THE SECOND? YES, BECAUSE I ONLY NEED THE SUP FOR THE OIL CHANGE. DID YOU JUST GET THAT IN WRITING FROM HER? SO WE HAVE THAT FOR THE RECORD. OKAY. THANK YOU. THANK YOU, MISS HARTNETT, THE WITHDRAWAL DOES NOT REQUIRE A COUNCIL APPROVAL. MADAM MAYOR, I HAVE A QUESTION. YES, JUST FOR MY OWN CLARITY, UNLESS I MISSED IT. AND MAYBE STAFF KNOWS THIS. WHO IS THE OWNER OF THE LAND? I DON'T KNOW HOW. I DON'T KNOW HOW TO PRONOUNCE THIS, BUT IT'S SPELLED M. I'M A D. THE LAST NAME IS EMAD. FARAH. THAT'S WHAT I'M TOLD. THAT'S WHAT WAS ON THE APPLICATION. AND THAT'S WHAT WE HAVE ON THE STAFF REPORT. EMAD FARAH OKAY, THANK YOU SO MUCH. YOU'RE WELCOME. THANK YOU.
COUNCILOR, COUNCIL, IS THERE ANY OBJECTION TO ACCEPTING THE WITHDRAWAL SUBMITTED BY MISS CARTER? AND WE'LL GO DOWN TO THE END. COUNCIL MEMBER, COUNCIL MEMBER JACKSON I READ THEIR VOT.
DOCTOR MARKS. I DON'T HAVE AN OBJECTION, MADAM MAYOR, BUT WHILE I HAVE THE MICROPHONE, I'D LIKE TO SAY THAT THIS PARTICULAR CASE DEALS WITH ZONING. THE ZONING CHANGE FROM ONE THING TO THE NEXT. IT HAS NOTHING TO DO WITH THE AUTO REPAIR OR ANYTHING LIKE THAT. I THINK SOMETIMES WE FALTER ON THE WRONG SIDE. THIS ONLY HAS TO DO WITH ZONING, NOT THE SPECIFIC WHATEVER THEY'RE TALKING ABOUT THIS DOCTOR MARK. SO YOU DO NOT HAVE AN OBJECTION TO ACCEPTING WITHDRAWAL? NO, I DON'T HAVE A PROBLEM WITH IT. THANK YOU. I DO NOT HAVE AN OBJECTION, COUNCILMAN BURKE, NO OBJECTION. COUNCIL MEMBER RAPHAEL, I DO OBJECT. I THINK WE SHOULD GO AHEAD AND VOTE. OKAY.
THANK YOU. COUNCIL MEMBER PARKE. I'M NOT EVEN SURE HOW TO LEAN ON THIS, BECAUSE I THINK IT'S REALLY CONFUSING TO ME HOW WE'RE DOING THIS. WHILE WE'RE STILL IN THE PUBLIC HEARING. SO I'M JUST GOING TO, I'D RATHER GO AHEAD AND VOTE AS WELL. SO IT IS. WE HAVE A, FOUR, THREE, VOTE TO ACCEPT THE WITHDRAWAL FROM THE CANDIDATE, AS STATED BY MISS HARTNETT. AND WE WILL BE RECEIVING THAT IN WRITING TO ALSO WITHDRAW THE ADDITIONAL SUP REQUEST AS WELL. OKAY THANK YOU.
COUNCIL, AT THIS TIME, WE DO HAVE A MOTION TO CLOSE THE PUBLIC HEARING. I WANT TO GO AHEAD AND CLOSE THAT, COUNCIL ALL IN FAVOR PLEASE SAY AYE. AYE. ALL OPPOSED. SAME SIGN.
[4. Conduct Public Hearing and consider an Ordinance for the applicant's request to rezone parts of Tracts 28 & 42 in the Jeptha May Survey, Abstract 860 (804 Kirnwood Drive) from existing zoning of Office-1 (O-1) to a new Planned Development (PD) with base zoning of Multiple Family (MF) with four requested deviations. The applicant is Masterplan and the property owner is Baron Funding LLC (Case # Z-1523-24)]
THAT MOTION PASSES UNANIMOUSLY. THE PUBLIC HEARING IS NOW CLOSED, MISS THOMAS, WE WILL HAVE THE FINAL PUBLIC HEARING ITEM. I BELIEVE. AS I UNDERSTAND IT, THE APPLICANT INVESTOR IS NOT PRESENT. SO THEREFORE, THIS CASE CANNOT BE DISCUSSED. CHARLES THIS IS THE 804. COLONEL WOOD, WE HAD ASKED THEM WOULD THEY BE INTERESTED IN TABLING IT BECAUSE WE ACTUALLY THOUGHT SHE WAS GOING TO, END YOUR MEETING EARLY, AND ALL OF THEIR TEAM IS NOT PRESENT, SO THEY'RE GOING TO[01:10:01]
COME BACK TO YOU AT YOUR NEXT MEETING. BUT WE DO NEED YOU TO OPEN THE PUBLIC HEARING AND THEN MAKE A MOTION TO CONTINUE THE PUBLIC HEARING TO YOUR VERY NEXT MEETING, WHICH IS OCTOBER. THE 15TH. BUT WE'LL WAIT ON OUR STAFF REPORT TO THAT TIME. THANK YOU. COUNCIL, YOU'VE HEARD THE COMMENTS FROM MR. BREWER REGARDING THIS PARTICULAR CASE. IS THERE A MOTION TO OPEN THE PUBLIC HEARING? MADAM MAYOR, I MOVE TO OPEN THE PUBLIC HEARING AND TO AND TO EXTEND IT UNTIL OCTOBER 15TH AND SECOND FROM COUNCIL MEMBER CHISHOLM IS THAT WAS THAT YOUR SECOND, IT'S BEEN MOVED. AND PROPERLY SECONDED BY COUNCIL MEMBER RAPHAEL AND COUNCIL MEMBER CHISHOLM TO OPEN THE PUBLIC HEARING AND CONTINUE THIS ITEM UNTIL OUR OCTOBER 15TH MEETING. COUNCIL, ANY ANY QUESTIONS? MADAM MAYOR, I DO HAVE A QUESTION. YES, I UNDERSTAND THAT IN P AND Z THIS PROJECT WAS NOT ORIGINALLY PRESENTED AS A 55 PLUS COMMUNITY, BUT IN SOME WEIRD P AND Z THAT WAS ADDED. SO IT'S COMING TO US AS A 55 PLUS COMMUNITY, CORRECT? I WOULD, OKAY. THAT I WOULD LIKE TO TALK TO STAFF ABOUT THAT BECAUSE IN EFFECT, WHAT WE'VE CREATED IS A IS A WHAT DO WE CALL IT, A CENSUS TRACK BY, BY LUMPING ALL OF THESE SENIOR PLUSES TOGETHER, AND SO I HAVE SOME QUESTIONS ON ON HOW TO PROCEED FURTHER BECAUSE WITH THE BIOTECH, WITH OUR FUTURE PLANS IN THAT AREA WOULD REQUIRE MARKET RATE RENT TO BE OPEN TO SUPPORT THE HOSPITAL AND TO BE ABLE TO SUPPORT I SUPPORT THE UNITS, BUT I DON'T I DON'T SUPPORT THE LIMITATION OF 55 PLUS. SO I NEED TO KNOW AT WHAT POINT DO WE TALK ABOUT BECAUSE WE'RE CREATING A DISPARITY, A DISPARAGING WHAT'S THE WORD? YEAH. IN THAT AREA BY LUMPING ALL OF THESE 55 PLUS IN THE SAME AREA, IS DEPRESSING. SO I DON'T KNOW HOW WE COUNCILMAN, I DO HAVE THE APPLICANT'S NAME AND TELEPHONE NUMBER. IF YOU WOULD LIKE TO GET A MEETING SET UP, BECAUSE AGAIN, THEY ARE THE ONES THAT ARE DRIVING THAT DECISION, NOT STAFF. I THOUGHT THAT IT WAS A PREREQUISITE. NO, SIR. MY UNDERSTANDING. SO IT WAS NOT A PREREQUISITE TO GET IT THROUGH PNC? NO, SIR. OKAY. NO SIR. IT WAS THEIR DECISION. THEY EVEN DID A TRAFFIC ANALYSIS COMPARING TO MARKET RATE VERSUS AN AGE RESTRICTIVE, SINCE THEY KNOW THERE WAS A CONVERSATION. YEAH, I'VE TALKED WITH THEM BEFORE. SO YEAH, I'D LIKE I'D LIKE TO SET UP A MEETING. OKAY. THANK YOU, MADAM MAYOR. THANK YOU, COUNCIL, THERE IS A MOTION ON THE FLOOR TO OPEN THE PUBLIC HEARING. AND CONTINUE TO OUR OCTOBER 15TH MEETING. COUNCIL. ALL IN FAVOR, PLEASE SAY AYE. AYE, AYE. ALL OPPOSED. SAME SIG.[1. Consider making and approving a nomination for a candidate to be a member of the Board of Directors for the Suburban Cities Representative to the Dallas Central Appraisal District and authorizing the Mayor to submit a Nominating Resolution for the approved nominee.]
THAT MOTION PASSES UNANIMOUSLY, MISS THOMAS. WE WILL HAVE THE NEXT ITEM ON THE AGENDA. YES, MA'AM. NEXT, WE MOVE INTO OUR REGULAR AGENDA. WE HAVE CONSIDER MAKING AND APPROVING A NOMINATION FOR A CANDIDATE TO BE A MEMBER OF THE BOARD OF DIRECTORS FOR THE SUBURBAN CITIES REPRESENTATIVE TO THE DALLAS CENTRAL APPRAISAL DISTRICT, AND AUTHORIZING THE MAYOR TO SUBMIT A NOMINATING RESOLUTION FOR THE APPROVED NOMINEE, PROVIDING THE OVERVIEW IS CITY ATTORNEY JOE GRIFFITH T. SO, COUNCIL, IT'S MY UNDERSTANDING THAT THIS INFORMATION WAS PROVIDED TO YOU, AND IT WAS REQUESTED THAT YOU ACTUALLY, PROVIDE NAMES FOR ANY NOMINATIONS YOU MAY HAVE FOR THE DALLAS CENTRAL APPRAISAL DISTRICT. I BELIEVE ONE NOMINATION WAS RECEIVED, FOR MICHAEL HURT. AND SO WHAT YOU HAVE BEFORE YOU TONIGHT IS A IS A RESOLUTION, WITH THE APPRAISAL DISTRICT IS ASKING FOR IS FOR YOU TO ACT ON THAT RESOLUTION.YOU CAN NAME UP TO FIVE, HAVE UP TO FIVE NOMINATIONS, AND THEN WHAT WILL HAPPEN NEXT IS YOU WILL GET A BALLOT BACK IN THIS, COUNCIL WILL THEN HAVE TO VOTE ON THE NAMES ON THAT BALLOT.
HOWEVER MANY NAMES THAT THERE ARE, THE CITY OF DESOTO HAS UP TO 30 VOTES THAT WOULD GO TOWARDS THE TOWARDS THE TOTAL NOMINATIONS, I BELIEVE, OF 2000 VOTES. SO TONIGHT IS JUST PROVIDING THE NOMINATION, TO SEND BACK TO THE APPRAISAL DISTRICT TO BE PLACED ON THE BALLOT. THANK YOU. THANK YOU, MR. GUIDO, WE DO HAVE, AS STATED, ONE NOMINATION THAT WAS PRESENTED, I BELIEVE THAT IS, MICHAEL HURT, WITH THE NOMINATOR LIKE TO SPEAK ON THEIR THEIR NOMINATION. MADAM MAYOR, I DON'T KNOW IF WHO NOMINATED, MICHAEL HURT. MAYBE IT WAS ME, BUT AFTER SPEAKING TO HIM, HE IS TERMED OUT. SO HE IS NO LONGER ELIGIBLE. I THINK I NOMINATED HIM BECAUSE HE. HE WAS THE PREVIOUS MAYOR FOR THE CITY. AND IT'S ALWAYS GOOD TO HAVE REPRESENTATION ON THERE. THAT'S FROM YOUR AREA, BUT I BELIEVE WE HAVE TO WITHDRAW HIS NAME BECAUSE HE IS NO LONGER ELIGIBLE FOR MY CONVERSATION WITH HIM. AND YOU'RE NOT REQUIRED TO
[01:15:02]
NOMINATE. I MEAN, YOU DON'T HAVE TO NOMINATE ANYBODY, AND YOU STILL HAVE AN OPPORTUNITY TO VOTE WHEN THE BALLOT COMES BACK. SURE, BUT THE DEADLINE IS WHEN BECAUSE WE WOULD NOT HAVE ANOTHER OPPORTUNITY TO SUBMIT NOMINATIONS. SO THE DEADLINE TO GET IT IN IS OCTOBER 15TH AT A AT A DATE. I MEAN, AT A TIME CERTAIN OR IS IT JUST END OF DAY BEFORE OCTOBER 15TH? OKAY. FOR OCTOBER 15TH. SO WE WOULD NOT HAVE AN OPPORTUNITY AS COUNCIL TO COME BACK AND VOTE OR TO SUBMIT ANY ADDITIONAL NOMINATIONS CANDIDATE BUT OR CANDIDATE FOR. DO WE HAVE A MEETING? I'M SORRY, MADAM MAYOR, DO WE HAVE A MEETING ON OCTOBER 14TH? YEAH. YOU CAN. OH, ON OCTOBER 14TH? YES. WE COULD PUT IT ON THE 14TH. SO IF THAT'S SO, IT SAYS IN HERE, IT SAYS, IT MUST BE RECEIVED BEFORE OCTOBER 15TH, SO YOU'D HAVE TO SEND IT IN THE. YEAH. SO IF YOU DO IT ON MONDAY, THE 14TH YOU CAN GET IT IN THAT EVENING. I COULD EMAIL IT. OKAY. I'VE DONE IT BEFORE.CAN WE EMAIL THE VOTES IN OR DO THEY HAVE TO BE HAND-DELIVERED? I'VE EMAILED IT. YOU HAVE EMAILED IT PREVIOUSLY, SO COUNCIL IF IT'S THE COUNCIL'S DESIRE TO SUBMIT NOMINATIONS AND TO BE VOTED ON ON OUR OCTOBER 14TH MEETING, WE CAN HAVE A MOTION ON THE FLOOR. COUNCIL, IS THERE A MOTION? MADAM MAYOR, I MOVE THAT WE HAVE A MEETING ON THE 14TH TO SUBMIT NAMES FOR SO THAT WE CAN HAVE IT TURNED IN BY THE 15TH. WELL, WE ALREADY HAVE A MEETING SCHEDULED FOR THE 14TH, SO IT'S THE. IT'S THE MOTION. MORE SO TABLE THIS UNTIL THE 14TH. AND THEN WE NEED TO SUBMIT NOMINATIONS THOUGH. SO COUNCIL NEEDS TO BE CLEAR BECAUSE WE'VE ALREADY HAD ONE ROUND OF NOMINATIONS AND WE DID NOT GET ANY EXCEPT FOR THE ONE FOR MICHAEL HERTZ. SO AS COUNCIL OF THE UNDERSTANDING THAT BETWEEN NOW AND THE 14TH WE NEED TO ACTUALLY SUBMIT ADDITIONAL NOMINATIONS IS THAT EVERYBODY'S UNDERSTANDING? YES. YOU CAN DO UP TO FIVE. YOU DON'T HAVE TO HAVE FIVE. YOU CAN DO UP TO FIVE. MEANING FIVE IS AN ENTIRE BODY OR FIVE PER COUNCIL PERSON, FIVE IS AN ENTIRE BODY. AS AN ENTIRE BODY? YES SO IF YOU WANTED TO BE INCLUDED ON THE ON THE 14TH IN THE PACKET, THEN IT NEEDS TO BE SUBMITTED BY OCTOBER 8TH SO THAT WE CAN POST ON OCTOBER 9TH. OKAY. SO COUNCIL, IT'S BEEN STATED THAT ANY ADDITIONAL NOMINATIONS. AND MISS THOMAS, CAN YOU FOLLOW UP WITH US VIA EMAIL SO THAT WE CAN, HAVE THAT INFORMATION AGAIN AND THEN BE ABLE TO GET THE IF WE HAVE ANY NOMINATIONS IN, THEY WILL NEED TO BE IN BY OCTOBER 8TH SO THAT WE CAN MAKE SURE WE HAVE EVERYTHING PREPARED FOR THE OCTOBER 15TH. SO IF WE CAN HAVE A MAYOR PRO TEM, I KNOW YOU WANT TO MAKE THAT THAT MOTION. SO IF WE COULD HAVE IT RESTATED TO REFLECT THAT COUNCIL NEEDS TO ACTUALLY DO NOMINATIONS BY THE EIGHTH, TO BE VOTED ON ON OUR OCTOBER 14TH MEETING, I MOVE THAT COUNCIL HAS NAMED NOMINATIONS IN BY OCTOBER 8TH SO THAT WE MAY VOTE OCTOBER 14TH. THANK YOU. IS THERE A SECOND? SECOND? IT'S BEEN MOVED BY MAYOR PRO TEM HUGHES, SECOND BY COUNCIL MEMBER RAPHAEL, COUNCIL, WE WILL HAVE TO DO A ARE THERE ANY QUESTIONS? LET ME STATE THAT AGAIN. ARE THERE ANY QUESTIONS ON WHAT IS BEING ASKED OF US? OKAY. JUST FOR CLARIFICATION, MAYOR, IF WE DON'T HAVE ANY NOMINATION BY THE EIGHTH, WE WOULD NOT AGENDIZE THE ITEM IS THAT IS THAT A AN UNDERSTANDING? CORRECT? YEAH, THAT'S FAIR.
THANK YOU, COUNCIL, WE HAVE A MOTION ON THE FLOOR, WE WILL TAKE A HAND MOTION. WE CAN START ON THIS END. MISS THOMAS, COUNCIL MEMBER PARKER. YES. COUNCIL MEMBER NICOLE. RAPHAEL.
YES. COUNCIL MEMBER ANDRE BYRD. YES. MAYOR RACHEL. PROCTOR. YES. COUNCIL MEMBER. DIANA. YES.
COUNCIL MEMBER. CRYSTAL CHISHOLM. YES. MAYOR PRO TEM LETICIA HUGHES. THANK YOU, THANK
[2. Consider a Resolution approving a grant application and award on behalf of the DeSoto Police Department from the Office of the Governor, Public Safety Office in the amount of $89,268.23, for Year 2 of the Truancy Prevention and Intervention Program Grant for the DeSoto Clergy and Community Juvenile Truancy and Wellness Program]
YOU. THAT MOTION PASSES UNANIMOUSLY. THANK YOU, MISS THOMAS. WE'LL HAVE THE FINAL ITEM ON OUR AGENDA. YES, MA'AM. FINALLY, WE HAVE CONSIDER A RESOLUTION APPROVING A GRANT APPLICATION AND AWARD ON BEHALF OF THE DESOTO POLICE DEPARTMENT FROM THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE. IN THE AMOUNT OF $89,268, $0.23 CENTS FOR YEAR TWO OF THE TRUANCY PREVENTION AND INTERVENTION PROGRAM GRANT FOR THE DESOTO CLERGY AND COMMUNITY JUVENILE TRUANCY AND WELLNESS PROGRAM. MAKING THAT PRESENTATION IS POLICE CHIEF JOE COSTA. GOOD EVENING, CHIEF. GOOD EVENING, MADAM MAYOR, CITY COUNCIL, THAT GRANT IS ONE THAT WE APPLIED FOR A YEAR AND A HALF AGO. IT WAS AWARDED TO US, AND THAT WAS TO START OUR TRUANCY PROGRAM, AND WE HAVE, ONE WE HIRED SOMEONE AND SHE HAS DEVELOPED THAT PROGRAM AND IMPLEMENTED IT THIS YEAR. AND SHE IS NOW, HAVE SHE NOW HAS A LIST OF MENTORS THAT WORK WITH HER ON A VOLUNTEER BASIS IN THE SCHOOL, AND THAT GRANT IS FOR HER SALARY AND FOR, ANY, ANY RESOURCES THAT SHE NEEDS THAT WOULD FALL WITHIN THAT, BUT THE PROGRAM IS GOING REAL WELL. THIS IS ACTUALLY THE[01:20:02]
FIRST YEAR OF IMPLEMENTATION. IT'S A THREE YEAR GRANT. AND SO IT'S JUST AWARDED TO US. WE JUST HAVE TO APPLY EVERY YEAR. SO WE'D LIKE YOU TO ACCEPT THAT AND WE'LL KEEP THAT GOING. THANK YO.CHIEF, COUNCIL, BEFORE WE HAVE ANY ANY FINAL DISCUSSION ON THIS ITEM, IS THERE A MOTION? MADAM MAYOR, I MOVE THAT WE APPROVE. SECOND. THANK YOU. COUNCIL. IT'S BEEN MOVED. AND SECOND, BY COUNCILMAN BYRD, SECOND BY MAYOR PRO TEM HUGHES COUNCIL. ARE THERE ANY QUESTIONS OR COMMENTS FOR CHIEF? HEARING NONE AT THIS TIME WE WILL TAKE A VOTE. COUNCIL MEMBER. PARKER. YES.
COUNCIL MEMBER. NICOLE RUBIO. YES. COUNCIL MEMBER ANDRE BYRD, SI. MAYOR RACHEL PROCTOR. WE COUNCIL MEMBER DIANA MARX. YES. COUNCIL MEMBER. CRYSTAL CHISHOLM. YES. MAYOR. PRO TEM LETICIA HUGHES. YES. THANK YOU, THANK YOU, AT THAT MOTION PASSES UNANIMOUSLY. THANK YOU. COUNCIL, AT THIS TIME, THAT IS OUR FINAL ITEM ON THE AGENDA. WE DO KNOW THAT TONIGHT IS TEXAS NIGHT OUT.
WE DO HAVE AN EVENT THAT IS STILL GOING ON RIGHT NOW. CHIEF AT EAST MIDDLE SCHOOL ON BELTLINE, YOU CAN'T MISS IT. IF YOU KEEP GOING DOWN BELTLINE, YOU'LL FIND IT, I BELIEVE THERE ARE SOME. THERE MAY BE 1 OR 2 SEPARATE EVENTS THAT ARE GOING ON AS WELL. THERE'S ONE SEPARATE EVENT GOING ON AS WELL. CHRIS. YES, SILVER CREEK, THERE IS ONE SEPARATE EVENT THAT IS GOING ON IF YOU WISH TO DROP BY THERE AS WELL. BUT COUNCIL AT THIS TIME I WILL ENTERTAIN A MOTION TO ADJOURN. SO MOVED. IT'S BEEN MOVED BY COUNCIL MEMBER CHISHOLM, SECOND BY MAYOR PRO TEM HUGHES TO ADJOURN COUNCIL. ALL IN FAVOR, PLEASE SAY AYE. AYE. ALL OPPOSED. SAME SIGN.
THAT MOTION PASSES UNANIMOUSLY. IT IS 7:25 P.M. WE ARE NOW ADJOURNED. EVERYONE HAVE A GREAT NIGHT
* This transcript was compiled from uncorrected Closed Captioning.