DeSoto City Council Meeting
Tuesday, September 16, 2014

The City Council of the City of DeSoto held a City Council Meeting Tuesday, September 16, 2014, in the Jim Baugh Government Center (City Hall), 211 E. Pleasant Run Road, DeSoto, Texas


 

A.

WORK SESSION

Members Present:
Mayor Sherman
Mayor Pro Tem McCowan
Councilmember Helm
Councilmember Proctor
Councilmember North
Councilmember Zander
 

 

Mayor Sherman called the meeting to order at 6:01pm.  Councilmember Clark was not present at this meeting.  Mayor Sherman informed the City Council that DeSoto had been "challenged" by the Mayor and City Council of Cibolo, Texas, with regards to the football game between the DeSoto Eagles and Cibolo Knights.  Mayor Sherman also congratulated the staff on the great Bond Referendum meeting held on Saturday.



 

1.

Review of Master Agenda

 

Dr. Richardson reviewed the Master Agenda highlighting the following:

*September 25, 2014 - Adopt-A-Street Banquet
*October 9, 2104 - Joint City Council and DEDC Board Meeting
*October 23, 2014 - Joint City Council and Planning & Zoning Commission Meeting



 

2.

Review of Regular Agenda items

 

Tom Johnson, Development Services Managing Director, provided an update to the Council on Agenda Item E.2.  Specifically, an updated copy of Exhibit "C" was distributed and discussed.


 

Ms. Morris asked if there were any questions or concerns regarding Agenda Item F.7. regarding Records Management in which she, along with the City Attorney, indicated that there are no major changes to the program.



 

3.

Discussion of a Resolution to create a Domestic Violence Advisory Committee

 

Dr. Richardson, City Manager and Mayor Pro Tem McCowan discussed the implementation of the Domestic Violence Advisory Committee, highlighting its purpose, appointments, terms, and the development of a Strategic Plan.  Also discussed was the Domestic Violence Symposium.



 

4.

Discussion of  FY2015 Proposed Budgets for Public Utilities - Funds 502 and 508

 

Edena Atmore, Finance Director, updated the Council of the FY 2015 Public Utilities funds in which she distributed a revision to Funds 502 and 508.  Specifically, she discussed the revenues and expenditures and the incorporation of the changes in the budget to be approved during the Regular Session this evening.  Tom Johnson, Development Services Managing Director, also gave an update on Wintergreen Road Project.


 

Mayor Sherman adjourned the meeting at 6:24pm.



 

B.

REGULAR SESSION - CALL TO ORDER

 

Mayor Sherman called the meeting to order at 7pm.



 

1.

Announcement of emergency procedures and exits: Fire Department


 

2.

Invocation by: Pastor Kelly Wolverton, Hampton Road Baptist Church


 

3.

Pledge of Allegiance led by Mayor Pro Tem Curtistene McCowan


 

4.

Introduction of Ambassador: James Lewin, Fire Department

 

James Lewin is a 22 year old firefighter/paramedic for the City of DeSoto, Texas. James was hired in August 2014. He relocated to Texas from California at the age of 10 and currently lives in Plano, Texas with his family. James graduated from Plano Senior High School in 2010 where he played both Varsity football and wrestling. Four short years later, James received his Associates Degree in Fire Science from Collin College where he also received training for both his Firefighter and Paramedic certifications. In his free time, James likes to play recreational sports and lift weights.



 

C.

PRESENTATIONS


 

1.

Presentation of Proclamation in Recognition of Blood Cancer Awareness Month

 

Ms. Morris read the agenda caption and introduced Councilmember Zander who presented the Proclamation.  John Mitchell, from the Leukemia and Lymphoma Society accepted the Proclamation.



 

2.

Presentation of monthly Financial Report for August, 2014

 

Ms. Morris read the agenda caption and introduced Tracy Cormier, Accounting Manager, who presented the staff report.


 

Council discussion regarding the projected amount being higher, the "drive" behind fines and forfeitures, sales tax revenues, clarification of "miscellaneous" revenues, permits for new construction, and charges for services (ambulances).


Motion by Councilmember Zander with second by Mayor Pro Tem McCowan to approve the financials. Motion approved.



 

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.


 

1.

Approval of City Council Minutes

a. Regular Meeting - N/A
b. Special Meeting - 07-25-14

 

2.

Acceptance of Board and Commission Minutes

a. Arts Commission - N/A
b. Building and Standards Commission - 08-14-14
c. Civil Service Commission - 06-30-14
d. DeSoto Economic Development - N/A
e. DeSoto, Texas Historical Foundation - N/A
f. Keep DeSoto Beautiful - N/A
g. Library Advisory Board - 06-05-14
h. Park Development Corporation - N/A
i. Planning and Zoning -N/A
j. Zoning Board of Adjustment - N/A

 

3.

Other Items

Consider confirmation of appointments to the Library Advisory Board, Building and Standards Commission, and the Zoning Board of Adjustment.
Consider an Interlocal Cooperation Agreement by and between the City of DeSoto and the City of Duncanville for Network Management Support Services.

 

Submitted for consideration are minutes from the DeSoto City Council, Building and Standards Commission, Civil Service Commission, Library Advisory Board, as well as consider appointments to the Boards and Commissions and consider an Interlocal Cooperation Agreement with the City of Duncanville for Network Management Support Services.


Motion by Mayor Pro Tem McCowan with second by Councilmember Proctor to approve as submitted. Motion approved.



 

E.

PUBLIC HEARINGS


 

Consider Zoning Case Z-1284-14; an amendment to Planned Development 120 (PD-120) to add 1.85 acres to this Planned Development (PD) to be used for mini-warehouses; an area north of Parkerville Road and the west of Hampton Road; Applicant: Krisha Morris; Owner: Don Valk; and adopting Ordinance.

 

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


Motion by Councilmember Zander with second by Councilmember Proctor to open Public Hearing. Motion approved.


 

Council discussion regarding reserving lots for retail, increased traffic on Parkerville Road to support retail growth, widening of Parkerville Road, the creation of jobs, and the new lifestyles of DeSoto residents.


Motion by Councilmember North with second by Mayor Pro Tem McCowan to close Public Hearing. Motion approved.


 

Ms. Morris read Ordinance 1991-14 for the public record.


 

Mayor Sherman commented that the market has not had an interest in the development of this particular property and he sees no concerns with adding to the development believing that this will be a good choice for the citizens.


Motion by Councilmember North with second by Councilmember Zander to Approve Zoning Case Z-1284-14; an amendment to PD-120 to add 1.85 acres to this PD to be used for mini-warehouses. Motion approved with five (5) votes in favor from Mayor Sherman, Councilmember Helm, Councilmember Proctor, Councilmember North, and Councilmember Zander, and with one (1) vote in opposition from and Mayor Pro Tem McCowan..



 

Consider Zoning Case Z-1290-14; a light industrial Planned Development, which is requesting a deviation in regards to the screening requirements for outdoor storage; an area at the northwest corner of Old Hickory Road and Danieldale Road; on approximately 63.4 acres of land and consisting of 1 lot; Applicant: Douglas Otte; Owner: Kirklan King; and adopting Ordinance.

 

Ms. Morris read the agenda caption and introduced Edlyn Vatthauer, Planning Manager, who made the staff presentation.


Motion by Councilmember North with second by Councilmember Zander to open Public Hearing. Motion approved.


Motion by Councilmember North with second by Mayor Pro Tem McCowan to close Public Hearing. Motion approved.


 

Council discussion regarding securing a tenant for the location and correcting the record to reflect two (2) letters in opposition.


 

Jonathan Stites, Senior Vice President (Developer)
1900 Bandera Drive
Keller, Texas 76248


 

Ms. Morris read Ordinance 1992-14 for the public record.


Motion by Councilmember North with second by Mayor Pro Tem McCowan to Approve Zoning Case Z-1290-14; a Light Industrial Planned Development, which will allow outdoor storage that is not totally screened from view. Motion approved.



 

F.

REGULAR AGENDA - New Business


 

Consider an Ordinance adopting the budget for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015; adopting the 2015-2019 Capital Improvement Plan (CIP), adopting the 2014-2015 Business Plan, and amending the base rate charge for water service fees, amending the base and volume charge for sewer service fees.

 

Ms. Morris read the agenda caption and introduced Tishia Jordan, Assistant Finance Director, who presented the staff report.


 

Council discussion regarding explanation of increased base rate and sewer rate in light of the fact that there is a $1.1 million surplus of additional revenues along with other discussions of past budgets and the stabilization fund.


 

Ms. Morris read Ordinance 1993-14 for the public record.


Motion by Mayor Pro Tem McCowan with second by Councilmember North to approve an Ordinance adopting the Budget for FY 2015, amending the FY 2014 Budget, adopting the Capital Improvement Plan for 2015-2019, adopting the 2014-2015 Business Plan, amending the Code of Ordinances by amending Appendix A, Article 19.000 (a)(1), Water Service Charges, and amending Appendix A, Article 20.000 (a)(1) and Article 20.000 (a)(2) Sewer Service Charges Article 20.000 (b)(1) Sewer Service Charges Article 20.000 (b)(2) Sewer Service Charges Article 20.000 (c)(1) Sewer Charges Article 20.000 (c)(2) Sewer Service Charges. Motion approved.


 

Note: This Ordinance was approved by Mayor Sherman, Mayor Pro Tem McCowan, and Councilmembers Helm, Clark, Proctor, North and Zander.



 

Consider an Ordinance setting the Tax Rate and levying the ad valorem taxes for the 2014 tax year.

 

Ms. Morris read the agenda caption and introduced Edena Atmore, Finance Director, who presented the staff report.


 

Council discussion regarding the explanation of the terminology "Effective Tax Rate".


 

Ms. Morris read Ordinance 1994-14 for the public record.


Motion by Councilmember North with second by Councilmember Proctor to approve an Ordinance adopting the tax rate with the following language: "I move that the property tax rate be increased by the adoption of a rate of .7574 cents per $100 valuation, which is a 3.98% increase over the calculated Effective Tax Rate and the same Ad Valorem Tax Rate used in the prior fiscal year." Motion approved.



 

Consider an Ordinance of the City of DeSoto, Texas, amending the Code of Ordinances by amending Chapter 3 "Building Regulations" by amending Article 3.100 titled "International Building Code" by adopting the 2012 edition of the International Building Code with amendments; by amending Article 3.200 titled "International Plumbing Code" by adopting the 2012 edition of the International Plumbing Code with amendments; by amending Article 3.300 titled "International Mechanical Code" by adopting the 2012 edition of the International Mechanical Code with amendments; by amending Article 3.1500 titled "International Energy Conservation Code" by adopting the 2012 edition of the International Energy Conservation Code with amendments; by amending Article 3.1600 titled "International Fuel Gas Code" by adopting the 2012 edition of the International Fuel Gas Code with amendments; by amending Article 3.1700 titled "International Fire Code" by adopting the 2012 edition of the International Fire Code with amendments and Appendix I: "Fire Protection Systems - Noncompliant Conditions" and Appendix J: "Building Information Sign"; by amending Article 3.1800 titled "International Residential Code" by adopting the 2012 edition of the International Residential Code with amendments; and adopting Ordinance.

 

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


 

Council complimented Jack Thompson and the Development Services Department for the amazing jobs they perform daily.


 

Ms. Morris read Ordinance 1995-15 for the public record.


Motion by Mayor Pro Tem McCowan with second by Councilmember Zander to adopt the 2012 International Building, Residential, Energy Conservation, Mechanical, Plumbing, Fuel Gas Code, and Fire Code, to include Appendix I and J, with regional NCTCOG amendments, as presented. Motion approved.



 

Consider a Resolution for the reimbursement of street expenditures in the amount of $1 million dollars for the Chatty Road Street Improvement Program from proceeds of future Certificates of Obligation debt.

 

Ms. Morris read the agenda caption and introduced Edena Atmore, Finance Director, who presented the staff report.


 

Council discussion regarding the impact of Chattey Road on the Tax Rate, the project exceeding the projected budget amount, the timeframe of the project, and the safety at Pleasant Run Road and Chattey Road (possible flashing lights).


Motion by Councilmember Zander with second by Councilmember North to approve a Resolution for the reimbursement of expenditures in the amount of $1 million dollars for the Chattey Road Street Improvement Program from proceeds of future certificates of obligation debt. Motion approved.



 

Consider authorizing the Mayor to execute a Professional Services contract in the amount of $957,642 with EJES, Inc. for the engineering design of the Chattey Road Project.

 

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


 

Council discussion regarding utilizing DeSoto residents to employ whenever possible and providing a "livable wage" for those employees employed by EJES.


 

Paul Williams, Director of Transportation EJS Inc (Project Manager)
12655 North Central Expressway
Dallas, Texas 75243

Thelma Johnson (Burrell Group)
Bill Wimberly (Perkins Group)
Mr. Sandu, President (EJS Engineers)


Motion by Mayor Pro Tem McCowan with second by Councilmember North to authorize the Mayor to execute a professional services contract with EJES, Inc., in the amount of $957,642, for the engineering design services for the Chattey Road project. Motion approved with five (5) votes in favor from Mayor Sherman, Mayor Pro Tem McCowan, Councilmember Helm, Councilmember Proctor, and Councilmember North, and with one (1) vote in opposition from and Councilmember Zander..



 

Consider a Resolution establishing a Domestic Violence Advisory Committee in the City of DeSoto.

 

Ms. Morris read the agenda caption. Dr. Tarron Richardson, City Manager and Mayor Pro Tem McCowan made the presentation.


 

Council discussion regarding the Domestic Violence Advisory Committee and its goals and the possible impact on the City with regards to severely decreasing and possibly eradicating Domestic Violence within the community.


Motion by Mayor Pro Tem McCowan with second by Councilmember North to approve Resolution 14-15 establishing a Domestic Violence Advisory Committee in the City of DeSoto. Motion approved.



 

Consider an Ordinance amending the Code of Ordinances by amending Chapter 1, General Provisions by amending Article 1.700, Titled, "Records Management" by revising the definition of Municipal Records, adopting Records Management Schedules issued by the Texas State Library and Archives Commission, Revising Legal References and Amending Section 1.715 to provide for Electronic Storage of Municipal Records.

 

Ms. Morris read the agenda caption and presented the staff report.


 

Ms. Morris read Ordinance 1996-14 for the public record.


Motion by Councilmember Proctor with second by Councilmember Zander to approve an Ordinance amending the Code of Ordinances by amending Chapter 1, "General Provisions" by amending Article 1.700 titled, Records Management, by revising the definition of municipal records, adopting records management schedules issued by the Texas State Library and Archives Commission, revising legal references and amending Section 1.715 to provide for electronic storage of municipal records. Motion approved.



 

G.

REGULAR AGENDA - Old Business


 

H.

CITIZEN APPEARANCES

 

Denise Valentine
880 Windy Meadow Drive
DeSoto, Texas



 

I.

ITEMS OF COMMUNITY INTEREST

 

City Council shared with the public upcoming news and events.



 

J.

ADJOURNMENT OF REGULAR SESSION

 

Mayor Sherman adjourned the meeting at 9:13pm.



 

K.

EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

 

No items scheduled for this agenda.










Respectfully submitted,



 
_________________________________
Kisha R. Morris, City Secretary

 

APPROVED:_________________



 
________________________________
Carl O. Sherman, Mayor